Every law student has heard of the term ” Legal blogs ” during their University days with utter awe and wonder. Any student who was acquainted and thorough with legal blogs was considered to be an exemplar in their institution.
And for the best reasons. Occupying and educating oneself with thought-provoking and enlightening blogs helps a person associated with the legal field to be upgraded about the recent news in the industry, developments made in the decisions, legal trends, innovations, etc. As Immigration attorneys in New York, we are aware of the massive importance of daily news updates for our law firm formalities as well as for law practice.
Researching with the help of legal blogs aids in a better understanding of the areas of law, about the critical discussions in the legal industry and it can also help the person establish their own opinions and stance better. By reading legal blogs, law students can partake in legal blogging themselves or write research papers that can boost their future curriculum.
But finding the perfect legal blogs can be time-consuming and even bewildering. So we have curated a list of some of the best legal blogs, we as attorneys ourselves suggest, you can refer to which cover multiple areas of Legal Practice and update all the trending topics of discussion.
ABA Journal
If we are talking about legal blogs, the American Bar Association Journal law blog has to be the first one to be mentioned. A journal worth bookmarking by every legal professional, this blog consistently analyses more than 4,000 legal blogs curated by expert lawyers and professionals in law themselves. And with an outstanding team of writers and editors, there are news tips, blogs, and voices from every corner possible.
LexBlog
A legal blog community consisting of more than 30,00 blog publishers worldwide, LexBlog is one of the most popular legal blogs sworn upon by some of the most proficient professionals in this industry. It keeps the old readers hooked and captures the attention of the new readers swiftly. And if you are inclined towards understanding business, this blog is a winner for them.
Legal Mosaic
There is no place to deny that Legal Mosaic is one of the best legal blogs around. With a profound experience of 40 years, it serves a varied range of readers with the right philosophical approach. It simplifies difficult pieces by painting a picture with crystal clarity for legal professionals to understand, posing fundamental questions, riding debates, and encouraging inspiration in the hearts of the readers.
Jurist
A public service project run by almost 80 law students across 5 continents at a count of 30 law schools. Sounds marvelous, right? The writers here analyze essential, trending topics in the industry, articulating opinions about emerging and concerning issues. And as most of the Jurist team members are young law graduates, students, or professors, the blog features an enlightening and refreshing academic take on the legal matters of discussion. Best part of this legal blog? It has no burden of subscriptions and it is a nonprofit organization.
Law360
Law360 is one of the most trusted news sources for law professionals and government officials. It features articles varying from Immigration and Citizenship law to Intellectual Property to Criminal to Ethics to Securities and Employment all with swift and updated coverage within 24 hours which is more the reason why plenty of professionals consume the content religiously.
This is just a portion of the long list of impeccable legal blogs a professional or a researcher can look up. And as a law firm with 50+ years of combined experience, we as immigration lawyers, always encourage avid research about the industry. On a factual note, blogs can surely give you information from an academic perspective, but for details with respect to legal practice and practical queries, it is best to contact attorneys and law practitioners.
For more information, you can directly call our law office or send an email to the addresses given below.
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A major milestone has been created in the EB-5 reform and Integrity Act in 2022, which has raised the expectations of the people.
Although the reform had come into effect in 1990, the reason for such intense hype created around the United States regarding the developments in the EB-5 investor visa reform is because it has been long pending and debated on several occasions, notably since 2015.
The main points of concern regarding the EB-5 program are :
The minimum amount to be invested has remained unaltered since 1990.
There is a lack of access for the relatively less developed and rural areas to appeal to foreign and large-scale investment directly.
The integrity of the visa program from a futuristic point of view.
Since originally the program was meant to be a model without a vision of permanence, the model has gained attention over time. Gradually, it has led to its expansion within a time period of three to five years accordingly as short extensions.
In 2015 it had been noticed that the program had reached its summit in terms of popularity, thereby bringing forth several discussions concerning it. A glaring reason for the popularity of the EB-5 is due to the ten-year waiting period associated with it instead of the longer periods required to acquire an employment-based US citizenship green card. And after eight long years, the discussions, legislative formalities, debates had led to significant changes from the end of 2021 to the early phase of 2022.
The turbulent changes which have been applied in existence in the recent development are –
The regional center program has been revived for five years at higher pricing, undergoing a United States Immigration and Citizenship service audit. According to the investors, the Regional Center program is a more popular route for potential EB-5 visa applicants.
Shorter processing duration for the investments, preferably six months for the issuance of I-526 petitions and I-829 petitions within a year. This step still requires a clear study from the Department of Homeland Security on the process of achieving it.
Rising the investment amount up to $800,000 for high employment investments and rural areas, i.e., in the TEAs (Targeted Employment Areas), whereas $1,050,000 for other ventures and plans, i.e., the non TEAs.
20% of the visas granted in a year will be petitioned for the newly formed rural categories, 10% for areas of high unemployment, and 2% for investments in infrastructure projects and plans.
There is a new addition of two fees: $20,000 for the annual regional center fee and $1,000 for investor filings.
Safeguarding the existing investors against the expiration of the program of EB-5 immigrant visas in the future days, thereby eradicating any probable uncertainty faced by the applicants in the last eight months.
Concurrent filing of the EB-5 program by the ones already living in the States but under a different visa category.
It can be hoped that these developments will give rise to a positive change in the program and will lay a worthwhile opportunity for the potential future immigrants of the United States for a better tomorrow.
Another route for the pursuance of an EB-5 visa is the golden visa, which requires an investment of $500,000 in the employment sectors of America.
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The Bureau of Immigration (BI) facilities are an integral part of the entire immigration procedure carried out in the United States. The center is authorized to keep track of the functions of the immigrants and the system.
The undocumented immigrants are stationed system by Immigration and Customs Enforcement (ICE) after they are seized or detained at the border in the States. Some of them receive a choice: to either stay put at a detention center till the arrival of the date of the order from the Learned Court or leave detention at the cost of a routine surveillance regimen monitoring their daily activities.
The Bureau of Immigration (BI) has previously claimed to have been standing on two significant pillars: I) e-surveillance through ankle monitors, II) case management apps and virtual tracking facilities of superior quality for the monitoring of immigrants in society.
The US government program was launched in 2004 as a “humane” alternative to detention for immigrants waiting for their cases to be heard in court, a surveillance system that was supposed to keep track of people in the program while helping them access social services.
Court hearings and final orders of removal. Facing removal proceedings show up to their court hearings. Programs like the Intensive Supervision Appearance Program (ISAP) “are an effective method of tracking non-citizens released from DHS custody who are awaiting their immigration proceedings.”
But in a recent investigation, there have been certain revelations regarding the latest technicalities of BI which are not favorable to the protection of immigrants.
Some of the newly recognized issues in the BI, especially in the program of ISAP, are :
The case managers do not provide enough encouragement, time, and support to the immigrants.
The ankle monitors used for e-surveillance on the immigrants frequently overheat, causing health imbalances. Or sometimes, the Immigration and Customs Enforcement officers adjust the monitors too tightly on the individuals.
In some cases, during daily updating of the locations, the BI app malfunctions causing problems in the check-in.
The protocols in certain cases do not coincide with the well-being of US immigrants.
Overpolicing of the officers.
Going by the 2022 Immigration and Customs Enforcement data of ISAP, such rigid surveillance can even result in monitoring the daily actions of the immigrants for a year.
In fact, most immigrants wear the monitors for more than a year, looking ahead to the court dates. As immigrants who have been enduring unfair treatment with no baleful intentions or objectives against the interests of the country, rather with just the purpose of inhabiting in peace, programs promising undoubted welfare and respect suddenly become a source of torture and national brutality for the people who trust the nation enough to want to continue living there.
These immigrants may have ended up in the United States by family migration, hasty decisions, or due to incidental circumstances; therefore, it is likely that they will wait for a court grant solely for the sake of their families or an innocuous need to find houses for their families.
A number of people have been victimized by false allegations by the department, claiming they tampered with monitors. This further implies inaccurately that the harmless immigrants were trying to avoid the arbitrary requirements for the procedure of granting them a stay in the country. Whereas in several complaints, it has been made clear that the treatment is not always humanly convenient to walk through or keep up with routinely.
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If you’re thinking about getting a divorce or know you’ll be getting one soon, you might want to check into less expensive alternatives to hiring an attorney. As separating couples look for ways to make their divorce as cost-effective as possible, do-it-yourself solutions, unbundled legal services, and various types of mediation are becoming increasingly popular. Soon-to-be divorced couples may wonder, “Do I really need a divorce lawyer?” or “How can a divorce lawyer help me?” when they discover that they can just download certain forms or even share one lawyer. We help folks going through a divorce all around New York City at Gehi & Associates. We don’t believe in a “one-size-fits-all” strategy; instead, we create a plan that is unique to your family’s needs.
The presence of small children, the location of your ex-residence, your spouse’s, and your joint financial condition all significantly impact how your divorce should be handled. Taking a “one-size-fits-all” approach to divorce or attempting to handle your divorce on your own might lead to very costly and difficult complications down the line. When compared to lower-cost and do-it-yourself options, hiring a lawyer to represent you can seem expensive. A mistake when conducting your own divorce, on the other hand, can cost you tens of thousands of dollars in the long run. Having a committed, experienced attorney looking out entirely for your and your children’s best interests is the greatest way to achieve the best result and avoid having to revisit critical aspects of your divorce due to mistakes.
Expert Advice:
Going through a divorce is no different; you’ve most certainly never been through one before. The implications of your divorce are simply too high for it to be viewed as a “learning experience.” Trust an experienced divorce attorney to help you through the complexities of divorce and get the best possible outcome for you and your family.
Avoid Costly Mistakes:
Are you aware of the distinctions between community, separate, and quasi-community property? What about assets that have increased or decreased in value during the course of the marriage? What is the best way to split 50/50 retirement accounts or sentimental items? What about the debt you owe? Is there a mortgage? Is there a tax obligation? The truth is that even an “easy” divorce can result in a slew of painful and potentially costly complications. With an experienced attorney on your side, you’ll have the confidence and knowledge you need to make the best decisions possible. Don’t make a blunder that will cost you money and your peace of mind in the long run. You might lose a lot of money if you make even the tiniest mistake or omission.
Reduce Stress:
Nobody should expect you to go through the divorce process without experiencing some level of stress. It’s a significant life transition that has the potential to turn your entire life upside down. It would be unusual not to be stressed during a divorce when dealing with your money, where you reside, the car you drive, and your children’s mental and emotional health. There’s no need to be concerned about missing a court date or submitting inaccurate documents. When you have a competent divorce attorney on your side, you can put procedural concerns aside and focus on ensuring that you and your children go through the divorce process as quickly and painlessly as possible.
Keeping on an Appropriate Timeline:
Divorces can last as short as a few months or as long as many years. Several factors influence how long your divorce takes, but one of them should not be your lack of experience with the divorce process. Working with the New York divorce lawyers at Gehi & Associates ensures that your divorce proceeds according to plan. In our next piece, we’ll go over four more reasons why having a family law attorney protecting your interests during the divorce process is critical, including:
Make Sure Your Divorce Settlement Is Legally Binding
Recognize Your Rights
Assist both parents in maintaining a role in their children’s life
It’s Difficult to Correct Mistakes from a Divorce Decree
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Whether you are applying for permanent residency or have been a permanent resident of the United States for some time, there are some things you should know about green cards (or, as they are also known, permanent resident cards). We’ll go through a few of these points in more detail below.
If you’re just starting the process of changing your immigration status, don’t hesitate to call an experienced New York immigration attorney at Gehi & Associates.
What You Should Know About Green Cards
1 – Green cards can be temporary or conditional.
In truth, when someone is awarded conditional permanent residency status, their green card is only good for two (2) years. A petition to remove the condition must be filed with USCIS within 90 days of the card’s expiration date to convert a conditional green card to a permanent resident card.
If this step is skipped:
The condition will not go away.
The conditional card is non-renewable.
The person’s status as a permanent resident will be revoked.
2 – Green cards do not require signatures.
The obligation to sign green cards may be waived by USCIS where cardholders are:
Individuals under the age of 18 who are physically impaired and so unable to sign green cards when these waivers are authorized, instead of the cardholder’s signature, the term “Signature Waived” will appear in the spot where the signature should be.
3 – Green cards must be renewed when they expire.
Green cards are typically awarded for ten years. This means that a green card will expire ten years after it was issued and will need to be renewed in order for the cardholder to keep his permanent residence status. Green card renewals can be done online or by mail, but they must be completed within six months of the card’s expiration date.
If you have an older version of the card (such as an alien registration card), you will need to replace it with a current green card (either now or within three months of your current card expiring).
Gehi & Associates is a New York immigration law firm.
Do you require assistance in obtaining a green card or addressing immigration issues? If this is the case, you can contact Gehi & Associates, a reputable New York immigration law firm. Our attorneys have successfully represented clients in a variety of immigration cases for over 20 years.
Our firm uses cutting-edge technology to deliver these services quickly while simultaneously offering old-fashioned human attention to each of our clients. That means you can expect your case to move forward as swiftly as possible while also knowing that your Gehi & Associates attorney will respond to your queries promptly and honestly.
Please get in touch with us.
Call us today to learn more about our citizenship, immigration, and deportation defense services.
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One of the most prevalent ways to obtain a green card is through marriage. The immigration benefit is normally available to the spouse of a U.S. citizen or lawful permanent resident (green card holder). This is a new and unfamiliar process for the vast majority of people. As a result, we’ve answered some of the most often asked questions on how to receive a green card through marriage.
Permanent residents have the privilege of living and working in the United States for the rest of their lives. They can also become citizens of the United States if they meet certain qualifications. The tangible identification that shows status as a lawful permanent resident is known as a green card.
Here are seven of the most often asked questions about how to obtain a green card through marriage:
1. When will I be able to apply for a green card?
You can begin the process of obtaining a green card as soon as you have proof of a valid marriage. Yes, a photocopy of your marriage certificate would be required. You must, however, demonstrate that your marriage is genuine.
USCIS scrutinizes marriage-based green card applications more closely than other green card applications. They must ensure that neither side intends to use the marriage to avoid immigration regulations. It is fraud to stage a false marriage in order to obtain a green card certificate. As a result, USCIS requires you to demonstrate the validity of your marriage. It entails producing additional supporting documentation to demonstrate that your marriage is genuine.
Most couples are eligible to apply as soon as they receive their marriage certificate.
2. Which forms do I need to apply for a green card based on marriage?
First and foremost, it’s critical to recognize that there are two basic ways to immigrate: consular processing and adjustment of status. The majority of people do not have a choice. The forms you’ll need to fill out are determined by the path you take to immigrate.
A. Processing at the Consulate
The majority of immigrants go through consular screening. Essentially, this means that the application is processed in a U.S. embassy or consulate located outside of the U.S. The process begins with filing Form I-130 (Petition for Alien Relative) and Form I-130A (Supplemental Information for Spouse Beneficiary) with USCIS by a U.S. citizen or lawful permanent resident. Through marriage, the petition establishes a qualifying relationship. The petitioner has the option of filing the paperwork from within or outside the U.S. Once you’ve been authorized and have a visa, you’ll need to fill out a few more paperwork with the National Visa Center:
I-864, Affidavit of Support DS-260, Immigrant Visa Application Form
The entire process is oversimplified in this way. See our section on consular processes for more details.
There are, of course, additional supporting documents that must be submitted with the petition. If you need assistance completing Form I-130, CitizenPath’s online immigration services can assist you. You’ll also receive a set of filing instructions that detail the supporting papers you should provide based on your circumstances.
B. Adjustment of Status
When the foreign spouse is physically present in the United States, they may be able to alter status to that of a green cardholder. The process of applying while in the United States is known as adjustment of status. Spouses of U.S. citizens are usually eligible. If the visa bulletin is current, spouses of permanent residents may be eligible. (A visa must be available right away.)
I-485, Application to Register Permanent Residence or Adjust Status
I-130, Petition for Alien Relative
I-130A, Supplemental Information for Spouse Beneficiary
I-864, Affidavit of Support
I-693, Report of Medical Examination and Vaccination Record
I-765, Application for Employment Authorization (optional)
I-131, Application for Travel Document (optional)
3. Are there options for engaged couples (fiancés)?
There is also a method for fiancés to come to the United States, but it is only available to fiancées of American citizens. A K-1 visa allows a U.S. citizen’s fiancée to enter the country for the purpose of marriage. The spouse may then be eligible for a green card through marriage. The fiancé of a permanent resident is not eligible for this procedure.
To begin the application process for a K-1 visa, U.S. citizens must complete Form I-129F, Petition for Alien Fiancée. A qualified relationship is established through the visa petition.
The processing time for a K-1 visa could take anything from 6 to 9 months. The foreign fiancé has 90 days to marry after arriving in the United States on a K-1 visa. After marriage, the spouse can change their status to that of a U.S. citizen’s direct relative.
4. Is it possible to receive a green card if I’m married to someone of the same gender?
LGBTQ+ couples who are already married can apply for asylum in the United States in the same way that any other opposite-sex married couple can. A U.S. citizen or permanent resident can apply for a green card for their spouse. A U.S. citizen or permanent resident’s LGBTQ spouse is eligible for a green card in the same manner as opposite-sex couples are.
The marriage, like opposite-sex marriages, must be lawful. To put it another way, marriage had to take place in a country where same-sex marriage is permitted. As a result, many same-sex couples use the K-1 visa (explained in the previous question) to come to the United States with the intention of getting married.
5. When I live apart from my spouse, may I receive a green card through marriage?
The reason you live apart from your spouse may affect your eligibility for a green card.
A. Problems in Marriage
Not all marriages work out, but that doesn’t mean your time in the United States has come to an end. It is possible to receive a green card if you are not divorced or formally separated. You must have a genuine marriage to be eligible for a green card through marriage. This suggests you are married because you truly love one other and want to spend the rest of your lives together. Of all, we all know that many marriages start off well but end up in divorce.
In circumstances involving marital issues, it is always recommended that you seek the advice of an experienced immigration attorney. Officers from the United States Citizenship and Immigration Services (USCIS) are aware of these difficulties. The officer will most likely examine your relationship and intentions at the start of the marriage. As a result, if you are living apart at different addresses at any point throughout your marriage, call Gehi & Associates.
B. Relocation on a temporary basis
At times, a married couple may be obliged to live apart, even in different countries. This is frequently the result of a temporary job assignment or other situation. A spouse serving in the United States armed forces or another temporary assignment working overseas are some examples. These scenarios are rarely problematic, but they do add to the complexity of your position. In these situations, it’s always a good idea to speak with an immigration lawyer to make sure you don’t have any issues.
6. What is the time frame for getting a green card through marriage?
The time it takes to receive a green card through marriage depends on the immigration method you choose (consular or adjustment), visa availability, caseload, and your ability to submit a well-organized application package.
The visa bulletin for spouses of permanent residents is now valid (F2A category). This means that an immigrant visa is accessible right now. Visas for spouses of U.S. residents are always available (IR1 or CR1 category). The F2A visa wait time may increase in the future.
Because of COVID-19 limits and rules, the backlog for many petitions and applications is unusually significant at the time of writing this article. Over the following few months, USCIS processing times should decrease.
As a result, the adjustment of status time frame for applicants seeking a green card through marriage is generally 8 to 14 months. The processing time for consular applications ranges from 7 to 12 months.
7. When may I apply for citizenship in the United States?
After five years of continuous residency, a permanent resident can naturalize as a United States citizen. Permanent residents who marry U.S. citizens have a faster path under U.S. immigration law.
A permanent resident spouse of a U.S. citizen can naturalize after just three years if the U.S. citizen has been a citizen for the entire time.
In fact, candidates can submit Form N-400, Application for Naturalization, up to 90 days before the three-year naturalization requirement is met.
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Every year, tens of thousands of people earn legal permanent resident status in the United States. Their proof of status becomes a permanent resident card, often known as a green card, once they are approved for LPR status.
The majority of green card holders receive a ten-year green card. Some, on the other hand, are given a two-year green card. Green cards with conditions are referred to as conditional green cards.
Permanent residents must carry a valid green card with them at all times.
How to Get a Green Card Renewal
To renew your green card, you can submit Form I-90, Application to Replace Permanent Resident Card, by mail or online to the United States Citizenship and Immigration Services (USCIS). You must be physically present in the United States when you submit Form I-90.
Should you currently be outside the United States and your green card is about to expire, you should make every effort to file the renewal as soon as you return.
Before filing Form I-90, if you’re outside the United States and your green card expires, you should call the nearest US Consulate, USCIS office, or US port of entry.
Expiration of a Green Card
The expiration date of your green card can be seen on the front of your card. It’s essential to file Form I-90 if your 10-year green card has expired or will expire within the next six months.
Please note that if you are a conditional permanent resident with a 2-year expiration date on your green card, you must apply to have the conditions removed. Instead of filing Form I-90, you may be eligible to apply using Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.
I-90 Green Card Renewal Form
Your green card must be expired or due to expire within the next six months in order to file Form I-90. If you meet the following criteria, you can also use Form I-90 to replace your green card:
Your card has been misplaced, stolen, or damaged in some way.
Because of a USCIS error, your card was issued with incorrect information (for example, your name is misspelled or your date of birth or residence since the date is incorrect).
Because it has been legally altered (for example, you have married and now have your spouse’s last name), the information on your card is incorrect.
Before your 14th birthday, you were given a 10-year green card, which does not expire until after your 16th birthday.
You need an updated green card because you issued a card with no expiration date many years ago.
Online Green Card Renewal
There are three fundamental steps to applying for a renewal of your green card online:
Step 1: Create a USCIS account first. You’ll need a USCIS account to access the online application.
Step 2: Fill out the I-90 application online as completely as possible. To prevent being rejected and losing your application money, make sure you don’t make any mistakes when filling out the application.
Step 3: Attach your supporting documentation. This could involve sending a copy of your current green card or copies of your passport admittance stamps demonstrating you entered the nation on a visa.
You’ll need to submit a digital signature and pay the renewal fees once you’ve completed these steps.
Fees for renewing a Green Card
Regardless of whether you file your application online or by mail, you must pay the filing fee and the biometric (fingerprint) fee.
If you are paying by mail, you can use a check, money order, or credit card. You will be directed to Pay.gov, a secure online payment system if you pay online through the USCIS.
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