If you have a relative who is a U.S. permanent resident and you want to sponsor them for U.S. citizenship, there are several steps you need to take. Read on and know all there to know about the U.S. permanent residency citizenship for the relative you wish to sponsor.
What are the Steps?
First, your relative must be eligible for citizenship through the family member sponsorship program. This means that they must not have any criminal history or other issues. They also must demonstrate that the person can financially support themselves and their dependents without assistance from the government or other sources of income, such as welfare programs or public assistance (including Medicaid).
Next, you must complete an I-130 form with the USCIS (U.S. Citizenship and Immigration Services) office closest to where your relative lives or where they currently reside if it is within 100 miles of that office; this form will request information about both yourself and your relative so that USCIS officials can determine whether or not they are eligible for citizenship through family sponsorship. Upon approval of this form, they will receive an Employment Authorization Document (EAD) card, which will allow them to legally work in the United States while waiting for the processing of their green card applications; this process typically takes between six months to two years depending on how quickly USCIS processes all applications it receives.
Can a Family Member Sponsor a Relative to Live in the USA?
If a relative would like to become a U.S. permanent resident, they will need to have a family member sponsor them. The person (if it is you) who sponsors their permanent residency application must meet the requirements set out by the U.S. government, which include:
They must be related to you by blood, marriage, or adoption
They must be over 18 years old and financially capable of supporting themselves and their family member.
They must be present in the United States.
They must have lived with you for at least two years before filing the petition for permanent residency on your behalf.
They must be able to provide proof of financial support during this time period.
If you have a family member living in the U.S., you can sponsor them for permanent residency. This means they will be able to live and work anywhere in the U.S., as well as travel outside of the country.
To sponsor your relative, you must meet certain requirements:
You must be at least 18 years old and a U.S. citizen or permanent resident.
You and your relative must be related by blood or marriage.
Your relative cannot have any criminal convictions or pending criminal charges.
Your relative must have lived in the U.S. for at least five years before applying for citizenship.
Once you’ve met these requirements, you can begin the process of sponsoring your family member through USCIS (the United States Citizenship and Immigration Services).
Upon meeting all these requirements, if you are a U.S. citizen or green cardholder, you can sponsor your relative to become a permanent resident.
What Should You Submit?
You will need to fill out Form I-130, Petition for Alien Relative, and submit it to the U.S. Citizenship and Immigration Services (USCIS).
You will also need to provide supporting documents, such as proof of your relationship with the person you are sponsoring and evidence that they have been living in the United States with you for at least two years.
Once USCIS approves your petition, they will send it to the National Visa Center (NVC).
NVC will then forward your petition to the U.S. embassy or consulate in the country where your relative currently lives so that they can schedule an interview appointment with an immigration officer.
The officer will review their application and decide whether or not they should be allowed into the United States as a permanent resident based on their qualifications for entry into the country (such as their age, education level, etc.).
When you sponsor a relative, you promise to provide financial support for them during their first year in the U.S. This can be done through taxes, health insurance, and other means of providing financial support as required by law.
You also need to prove that any other family member who is currently living in the United States is capable of supporting themselves financially during this time period as well as being able to care for themselves once it has passed; this includes children under 21 years old (or up to age 23 if they are enrolled full time in high school). If no other family members can provide financial support, they will not be eligible for sponsorship under these guidelines until they reach adulthood (18 years old).
If you have a relative eligible for a family-sponsored green card, you can sponsor them for U.S. permanent residency. You must be at least 18 years old, a U.S. citizen or legal permanent resident, and have lived in the United States for at least three years before filing Form I-130F with USCIS. By satisfying all the crucial guidelines, you will be able to get permanent residency for your relative and help sponsor the person. That is the key point, and hopefully, it will help your relative get the citizenship they deserve.
If you want to get permanent residency for your relative, the assistance of a qualified immigration attorney might be very useful. They can figure out what you and your relative need and easily arrange all the documentation.
https://gehilaw.com/wp-content/uploads/2022/06/how-can-you-help-your-relative-become-a-us-permanent-resident.jpg10801920Monodeep Mukherjeehttps://gehilaw.com/wp-content/uploads/2021/12/logo-1.pngMonodeep Mukherjee2022-06-22 02:06:112022-06-23 03:01:06How Can You Help Your Relative Become a U.S. Permanent Resident?
Do you have a spouse staying in the U.S. while you are in an overseas nation – waiting to get your green card? It is pretty natural to feel the desire to visit your spouse, but you might be wondering whether it is possible at all and whether the chances of getting your green card fast will get hurt due to that. The answer to this, similar to many other issues related to the laws pertaining to immigrating to the U.S., depends on your specific situation.
Can You Visit Your Spouse in the U.S. While Waiting For Green Card?
It is quite possible for you to visit your spouse in the U.S. while your green card application based on marriage is still pending. If you have to do that, it is necessary to submit an application for a tourist visa. However, before you go for this option, you need to understand the various risks and challenges involved.
At first, you have to convince an immigration officer that it is just for a short time that you plan to stay in the United States and would go back before the expiration of your tourist visa.
However, after that, there is another problem that you have to deal with. When you land in the U.S., you will be ‘inspected’ by a U.S. Customs and Border Protection (CBP) agent at the “port of entry” or border. You will be questioned, and you have to explain the reasons for your visit. Then, the decision to allow you an entry or ‘admission’ (as it is called) would be at the discretion of the CBP agent.
It is vital for you to note that you should never misrepresent the true reason for you to visit the U.S., either before a CBP agent/immigration officer or on an immigration form. Thus, you should not give misleading or false information to officials. Also, you should never lie about being married to a green card holder or U.S. citizen. Any misrepresentation could be considered fraud, and your application for a green card is likely to be denied in that case. An expedited removal order might even be issued, which could make you ineligible for an immigrant visa.
However, even if you have a valid tourist visa, there is no guarantee that you will get admission. In many cases, spouses who seek a green card get their entry denied at the port of entry/border when a CBP agent discovers that they have a pending marriage-based green card application or are married to someone living in the United States.
What Can You Expect?
Spouses of green card holders or U.S. citizens, particularly those with a pending I-130 petition (which is the first step to getting a marriage-based green card), frequently have to face more scrutiny. In case you use a tourist visa to visit your spouse, it could be suspected by the immigration officer in charge of processing your application that you are attempting to sidestep the process of getting a green card to shorten the time to be with your spouse.
Based on your situation, this is something that you can expect:
In case of an I-130 petition that is pending
You would be walking a tightrope, logically speaking, if you have a pending I-130 petition and are trying to visit the United States. You might like to stay in the United States permanently when you get a green card. However, at the moment, you have to convince the CBP agent/immigration officer that you do not have plans yet to settle in the U.S.
That can be tough if you have given up your job already and sold off all your property in your nation. Due to this reason, many people like to visit the U.S. before they do any of those things. Naturally, it is essential to present some strong proof that you have plans to come back to your home nation after your short visit. However, a risk is always there to have your entry denied. There is never any guarantee of admission.
In case of an I-130 petition not pending
If you have not yet begun the process of getting a marriage-based green card by getting an I-130 petition filed, there is no need to prove that you are not in a hurry to settle in the U.S. Still, you might have to go through extra scrutiny while applying for a tourist visa or at the time of arrival in the U.S. This is due to the reason that the CBP agent or immigration officer could have suspicions that you want to avoid the entire process of I-130 by trying to enter on a tourist visa and will then submit a marriage-based green card application after you have entered the U.S. already (which is referred to as “adjustment of status”).
In case you do not have plans immediately to live in the U.S. permanently, you should have a clear idea about that in your application for a tourist visa. Also, you might like to prove:
You have academic or work commitments in your home nation, which keeps you from permanently moving to the United States at present.
You have a confirmed travel plan with a fixed return date to your nation.
Also, you should never lie about whether your spouse is a green card holder or a U.S. citizen. If your lie gets caught, you might not be able to acquire a green card again in the future.
What Should You Do?
You should get in touch with a qualified, experienced, and knowledgeable immigration lawyer because your attorney would be familiar with the kind of situation you are in. You can get important information regarding visiting a spouse who is residing in the United States at a time when your application for an immigrant visa is still pending.
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Premium processing is the name given to an optional program that lets eligible petitioners or applicants request faster processing times with the promise of more guarantees for eligible petitions and applications. The fees for Premium processing are added to those for the regular petition filing or application fees for the request of the underlying benefits.
On May 31, 2022, this rule came into effect. However, the new premium processing categories that have been added by the rule will be only available when the USCIS completes the requisite system development and their availability is explicitly announced.
Availability of Premium Processing
Premium processing remains available for existing categories eligible for premium processing even now. This rule designates new premium processing eligibility for specific immigrant petitions, employment applications, an extension of stay, and changes of status.
However, eligibility to request premium processing for all the categories added newly depends on the revision of systems by the USCIS in order to have the new categories accommodated.
According to the effective date language of the final rule, USCIS will announce the availability of premium processing for immigration benefit requests designated newly according to the regulations of DHS premium processing. These will be available as mentioned during that time.
For such new categories, until the USCIS announces the availability, Premium processing will not be available. It can be assistive to think about the availability of premium processing according to the benefit requested, instead of just the USCIS form number, due to some petitions and applications being used for many purposes. Some of these are not designated for premium processing eligibility. Benefit requests will not be eligible for premium processing if these are not there in the final rule.
USCIS Final Rule and Premium Processing Expansion
A final rule was published by the U.S. Citizenship and Immigration Services (USCIS) on March 30, 2022, which was – The implementation of the Emergency Stopgap USCIS Stabilization Act.
It is important to note that the new rule is expanding the “Premium Processing” requesting availability for specific USCIS applications, which include:
Form I-765 Application for Employment Authorization includes F-1 STEM OPT Extension and F-1 Optional Practical Training. The Application Processing Timeframes is 30 business days, and US$1,500 is the fee.
Form I-539 Application for Change of Nonimmigrant Status includes applications to J-1 Exchange Visitor or F student visa status from specific statuses. Thirty business days are needed for the processing of the application, and the fee is US$1,750.
Form I-129 and Form I-140, for O and H-1B petitions and most other petitions based on employment status. 15 business days are needed for the processing of the application, and US$2,500 is the processing fee – the same amount as for the current Premium Processing for such categories.
Although May 31, 2022, is the rule’s effective date, it will be impossible to file Premium Processing requests for the new types of application form until new premium processing request form versions and the USCIS and processing timelines issue instructions are confirmed by the same.
There are indications from the USCIS that the Fiscal Year 2022 will have the planned effective date of the rule, and the earliest date might not be until the Fall of the year.
The ISO will surely notify students, and the ISO website will be updated after Premium Processing for Form I-539 and the Form I-765 applications are available. It is expected that the announcement will be made by USCIS on its website as every new type of case gets eligible for premium processing.
Conditions may also be placed on premium processing available for new case types when there is an announcement on the website. These conditions may include restricting the availability of premium processing to all those cases which have been pending for a minimum duration or delaying the initiation of the premium processing schedule due to some administrative factor, like operating a necessary selection lottery.
Other than this, to have new case types be premium processing-eligible, processing will start only on the date when “all prerequisites for adjudication” are obtained by the USCIS, which means that the processing timeframe would start being counted by the agency only upon getting all the background checks, biometrics, interview information, and necessary documentation, as deemed to be suitable for the case type.
Based on the type of case and its needs, applicants and petitioners could have to wait for more time to see their cases get processed, as compared to the official timeframes for premium processing.
Things to Know
This regulation will expand premium processing service to additional case types, which would include:
Some Form I-765 employment authorization document (EAD) applications
Additional I-140 petition categories
Change or extension of status of some Form I-539 applications
This rule will start becoming effective 60 days after the Federal Register publication. However, the implementation will happen in phases – over a time of 3 years at least and will depend on the capacity of the DHS.
It is expected that the phased implementation will start this fiscal year. This rule will also announce a new method for determining the start of the premium processing timeframe for new case types on the basis of when “all prerequisites for adjudication” are obtained by the USCIS, which could prolong the real-time wait for the action to happen on a case.
Until the final rule comes into effect and the premium processing availability details are announced by the USCIS for the eligible cases, the availability of premium processing will be only for the I-140 and I-129 petition case types.
Foreign nationals and employers can start to work with their immigration service provider agencies for the review of cases that are pending (in case of the affected types of cases for which premium processing is expected to become effectual in this financial year) and for detecting those cases that are time-sensitive and need to be considered for premium processing when the case becomes eligible in type.
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Are you planning to live and work in the USA this year? In that case, you need to apply for an H1B visa. There are various options that you can choose from in order to live the kind of life and have the profession that you want in the United States. However, the first step to getting work in the US is to apply for this kind of a visa and submit a petition with the USCIS.
However, keep in mind that in order to get an H1B visa, you might face several problems starting with getting a sponsor. If you do not have a sponsor yet, you have to get one for yourself.
How to Find an H1-B Visa Sponsor?
You are probably already worried about how you can get an H1B visa sponsor for yourself all the way from your country. You are probably also concerned about which companies allow sponsoring an H1B visa or whether some list is there for you to look at and determine which company to go for.
Even if you already live in the US and own an F1 visa or an H4 visa, you will possibly be asking the same questions. Read and find out how you can find a sponsor for your H1-B visa.
Try to Find a Job in the Database of the H1B Visa Sponsors
First and foremost, you have to look for companies that have already sponsored each H1B visa in the last few years. This can be done by checking the list of companies that sponsor H1B Visas or searching the H1B Visa Sponsors Database.
You can use these keywords in search engines like Google and change the wording a little to get lists of the names of all those companies that have sponsored H1-B visas in the last few years.
If you wish to go to a specific region in the US, you could try to look for “H1B Visa Sponsors Database California” or use any other word combination with the State / City you want to visit. You might also be able to find the kind of jobs, information about salary, and which kinds of petitions have received approval from the USCIS.
After you have done proper research, make a list of all those companies you are interested in working with and carry out a proper assessment – on the basis of the number of petitions that they approve or reject every year. Please find out how many petitions they file annually and more. Based on this kind of assessment, you can choose those companies you would like to apply to for a job.
It is imperative to choose a company for an internship that has sponsored other H1-B visa petitions already in the past, given that the process can be pretty complex. If the company knows the process already, everything can become easier for you.
There are plenty of companies in the United States offering H1B sponsorship. Some of the biggest and most profitable agencies provide this kind of sponsorship, such as Facebook, Google Salesforce, Microsoft, and Amazon.
Apply for a job and receive an offer letter
Then, you have to create an outstanding resume and write an impeccable application. You have to apply to all the companies on your list and not only to a specific company so that there are more chances of getting an H1B visa sponsor for yourself.
The best way to obtain a job is to send your application to all those companies that have sponsored a number of H1B visa petitions already in the past few years. But, if you are unable to find agencies in your domain of expertise, you can check out US job websites such as Dice, Monster, or CareerBuilder. It is also a good idea to check out the homepage of the website techfetch.com. While looking for good jobs in the US, you might get fortunate while browsing those websites.
After getting an employment offer, you must inform the company that you would like to be on the H1B visa sponsorship petition for the current year. It can make the company understand that it has to act quickly, to make it easier for you to get the coveted H1B visa. It is also advisable that you apply to as many jobs in as many companies approving H1B visa sponsorship applications as possible.
Look for an internship.
Finding an internship is another excellent option that you should try out. If you are already on an F1 Visa in the US and have plans to stay, try to look for an internship at an agency that can sponsor an H1B Visa. Then, you have to use the first two steps to search for and get an internship.
It is also possible for you to find internships at career events and job fairs. You would do well to stay up to date at all times and go to as many networking events as possible.
Try to find global consulting companies.
Try to make a list of all the major global consulting agencies such as Wipro and TCS. Then check out their home pages and look for the types of positions they have on offer before you hit the “Apply” button.
When you manage to get an employment offer, you can negotiate with those agencies about the H1B visa. Always ensure that your competencies and skills are displayed to the companies, and the recruiters have an idea about why you deserve an H1B Visa. It is recommended that you look for a niche in your domain. Although no guarantee is there that you will manage to get the job, the attempt will surely be worthwhile because you might just hit lucky.
You can see that when you are trying to find an H1B Visa sponsor, there are many ways that you can try. With careful planning and approach, getting an H1B sponsorship will not be too difficult for you.
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A recent Immigration Bill Reform by President Joe Biden concerning the citizenship of around 10.5 million immigrants who are not documented on the papers has created quite a round of debates by immigration critics.
Disparagers of the Immigration phenomena have posed debates of how Immigration of natives of other countries mars the status of employment and growth of the natural citizens of the States.
During the Presidentship of Trump and the Covid-19 situation, the US had seen a rampant decrease in the number of immigrants, which gave rise to a number of problems that directly affected the economy of the United States amidst all the losses rooted in the worldwide pandemic.
One of the most indispensable effects on the economy was the labor shortage. And that entailed a lesser supply of resources in markets, diminishing capacity to cater to demands, the lesser labor force in restaurants, malls, and other employment sectors, and most of all, the incapacity of industries to hire enough workers.
When Biden increased the number of H-2B visas by 20,000, many criticisms were laid out; however, the US citizenship visas bear the capability to restrict unlawful entry through the borders, which can also be the reason for unfortunate deaths on an annual basis.
When GDP is calculated, the results have perpetually inclined in favor of immigration visas as a surplus in immigration visas leads to an increase in production and, of course, the Gross Domestic Product. In simpler terms, the United States citizenship visas lead to booming sectors in terms of economic status, productivity, and surplus alongside a boost in creativity, international relations, and an increment of wages with more industrial profit.
As everything goes in the world, even the most positive affairs have downsides to them too. Immigration visas accrue to an expenditure of a lump sum amount from the administrative sectors. Furthermore, it occupies space in the country and lowers the income of fellow workers. It is important to note that the immigration surplus does not personally profit the workers in the lower strata but as a ratio of the industry.
But in the face of the greater good, i.e., the bigger profit, the downsides are mostly ephemeral and short-lived. At the same time, the profits result in a pertinent development in the industry and sector.
Although the democratic country boasts of a large sector of the population being authorized immigrants, the estimation of undocumented and unauthorized immigrants is almost 12 million.
If a certain amount of immigrants can elevate productivity, it goes without saying that a larger amount will cause a bigger percentage of increment in terms of productivity and labor strength.
The immigration visas will ensue:
An increase in revenues, a better livelihood for the immigrants.
Benefits as other citizens.
Large-scale labor output.
When a major ratio of the population is left to be illegitimate or unauthorized, it leaves a larger risk of growth in crime rates resulting in the jeopardy of society. Accordingly, we can safely conclude that immigrant visas have both positive and negative effects. Still, as a democracy that has largely been dependent on the labor supply and productivity of immigrant citizens owing to a rich history that confirms the foundation of the development of the culture has been reliant on the immigration and citizenship facilities given out to the natives of other countries mostly for the motive of employment, immigration visas are a necessity for the furtherance of the economy and the society it is associated with.
https://gehilaw.com/wp-content/uploads/2022/03/WhatsApp-Image-2022-03-10-at-2.46.37-PM.jpeg6301200banusahttps://gehilaw.com/wp-content/uploads/2021/12/logo-1.pngbanusa2022-03-10 06:44:062022-03-10 06:47:16The Effect(s) of Immigrant Visas On The U.S. Economy
Becoming a citizen of a democracy equals having a constructive say in all the major decisions of the administration of democracy. And as it is widely known, immigration services NYC has been running voraciously for a long time as immigrants have been an integral part of the culture and economy of New York.
Since the late 20th century, immigration in New York City has nourished the city’s economic status; thus, it goes without saying the future of New York will be interlaced with each other. Therefore, it is high time when they are involved in the nuances of the authorities, such as voting rights.
On December 9, 2021, a bill had been passed approving voting rights of noncitizens or often referred to as immigrants, in municipal elections. And although it has stirred a plethora of scornful remarks and sharp criticisms from the opponent right-wing nationals, it has been a major development in the immigration arc of New York.
The Bill was allowed legislation to become a law by Mayor Eric Adams, with the utmost support. It allowed almost 800,000 immigrants and Dreamers ( children who were forcefully brought to New York and have been in the city as noncitizen inhabitants), i.e., green card holders and beneficiaries protected from deferred action from January 2023. The New York City Board of Elections is in charge of deciding on the implementation of the Bill.
The highlights of the Bill are :
The immigrant-friendly Bill potentially embodies the allowance of the right of immigrants in New York to vote in municipal elections: to cast ballots and directly share their opinion for Mayor, Borough presidents, City Council, public advocate, comptroller. But it is not extended to state and federal elections.
The voting rights apply to 800,000 citizens who have inhabited and worked in the city for a least 30 days, including permanent residents who are legally entitled, have working documents, and the ” Dreamers ” of the United States.
The Bill was passed in a city council of 33-14 majority. It had given rise to the war of words, a sentimental set of circumstances with a roundabout of conjuring up early immigrant histories associated with ancestors and conflicting debates, especially regarding the 30-day specification in the Bill.
Mayor Eric Adams has expressed his unconditional support for the Bill even though he claimed it was a controversial bill that sparked emotional debates among its opponents. It can also be fairly concluded that Mayor Adams has been compassionate towards the status of the immigrants in the city and that New Yorkers should have a footing in the government’s decisions about taxes, liabilities, debt. He also mentioned that he looked forward to bringing more people into the process.
Ydanis Rodriguez, a former council member who was a leader in the legislation, had asserted that a stronger democracy is built when the voices of the immigrants are included. With this, he had expressed his gratitude for the support extended from the Mayor and that he had expected a fitting defense against any probable challenges.
In the end, the privilege of becoming a citizen of New York is a great one when one is becoming a deserving citizen of the country. Therefore, this Bill will open more avenues for immigrants and will give them a foothold in the face of the immigration citizenship of New York. This will democratize the administration of the country and fuel a sense of democracy within the noncitizens of New York.
https://gehilaw.com/wp-content/uploads/2022/03/WhatsApp-Image-2022-03-07-at-11.11.46-PM.jpeg6301200banusahttps://gehilaw.com/wp-content/uploads/2021/12/logo-1.pngbanusa2022-03-07 13:27:212022-03-07 13:27:21A law allowing noncitizens to vote passes in New York City
The EB-1 visa allows select multinational executives, managers, and individuals with exceptional skills in science, art, education, business, or sport to obtain legal permanent residence in the United States. The EB1-C employment-based immigration visas for multinational managers and executives may be the greatest method for many immigrant employees to achieve lawful permanent residence in the United States. In comparison to other employment-based immigration, the EB1-C immigrant visa process is relatively rapid. It also allows business people to enter without making a significant investment.
The EB-1 employment-based immigrant visa is available to three groups:
Executives and managers from global corporations
Professors and researchers of distinction
Those with exceptional abilities in science, the arts, education, business, or athletics
Visa EB1-C Executives and Managers from Multinational Corporations
A multinational manager or executive is eligible for priority worker status if they have worked for at least one year outside the US for a firm or corporation in the three years prior to the petition and seeks to enter the US to continue serving that firm or organization (in a managerial or executive capacity). The job must have been in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the business outside of the United States. Some international executives and managers transferred to the United States may be eligible.
The petitioner must be a US employer that is an affiliate, a subsidiary, or the same employer as the firm, corporation, or other legal entity that hired the foreign national overseas and has been in operation for at least one year.
For this classification, no labor certification is required, but the employer must make a job offer and file a petition with the USCIS.
Possibility of employment
EB-1 Applicants for Multinational Executives and Managers must have a confirmed job – as a manager or executive – with their existing multinational employer’s US office.
The applicant must have worked for the multinational corporation (or its affiliate/subsidiary) for at least one year in the previous three years in order to qualify for this visa. The US branch must demonstrate that it has been open for at least one year.
Visa EB-1 Professors and Researchers of Note
Internationally, exceptional academics and researchers are acknowledged for their outstanding academic achievements in a specific discipline. Furthermore, an outstanding professor or researcher must have at least three years of experience in teaching or research in that academic field and must enter the US in a tenure or tenure track teaching or similar research position at a university or other higher education institution. If the employer is a private firm rather than a university or educational institution, the private company’s department, division, or institute must employ at least three people full-time in research activities and have verified academic accomplishments.
Employment offer EB-1 Outstanding Professors and Researchers candidates must have a job offer from a recognized university or other higher education institution in the United States as a tenured professor or researcher.
This category has six requirements. Applicants must show that they meet at least two of the following requirements by submitting documents:
A national or international trophy or honor for exceptional performance or distinction in your field.
Membership in exclusive organizations that need great achievement in order to get admission.
Publication of content published by others about your work in the field in professional publications – such as scientific journals.
Working as a judge of others’ work in your industry or one that is closely linked.
Publication of your material in academic books and/or foreign journals.
Visa EB-1 Exceptional talent
Applicants must demonstrate exceptional skill in the sciences, arts, education, business, or sport to be considered for this category. A recognized entity, such as reputable institutions, art organizations, or sports regulating bodies, must recognize this skill on a national or international level.
Possibility of employment
This category does not necessitate a job offer.
The EB-1 Extraordinary Ability category has ten requirements, and candidates must meet at least three of them in order to be awarded a visa. However, evidence of receiving a prestigious prize or honor – such as a Nobel Prize, an Oscar, or an Olympic medal – permits applicants to avoid these eligibility requirements.
Those who have not yet won any prestigious awards may find it easier to meet the second set of standards. You may also qualify if you meet at least three of the following ten criteria:
Winning a lesser-known national or international award for success in your field. A medical fellowship, a Fulbright prize, or a Caldecott award are all examples of this.
Membership in professional organizations that demand “exceptional achievement” from its members. This standard is a little hazy. Associations that are open to all members of a profession can be considered, but those that limit membership to only the most successful people are undoubtedly more valuable.
Information about you that has been published in major trade periodicals or other prominent media. The content must be relevant to your fieldwork. Journals pertinent to your field, such as The Journal of Otolaryngology, and major newspapers, such as The New York Times, are examples of publications. This need is not restricted to print; a piece about you on “60 Minutes” can also suffice.
Serving as an individual or on a panel judge for others in your field. Participating in the peer-review process of a scientific article or serving on a thesis review committee would satisfy the criteria, as would sitting on the Nobel Prize Committee.
Major contributions in your field that are original, scientific, academic, artistic, athletic, or business-related. This is a wide-open standard. Essentially, USCIS will evaluate your contribution based on the letters of support submitted by others in the area. As a result, letters from respected experts in your industry who believe your unique and substantial contributions will suffice to meet this requirement.
Contribution to scholarly works in your field as an author. As with standard three above, this relates to articles you published about your job rather than content written about you by others. Even though the requirements mention “articles,” other kinds of publication should suffice, such as visual media. The publications might range from big commercial journals to the popular press.
Participation in exhibitions or presentations of your work. The restrictions make no mention of the exhibition’s importance.
Working for a prestigious organization in a vital or leadership function. This may include working as a curator at the Metropolitan Museum of Art or as a key researcher in a major laboratory.
Being able to command a high wage in your field. A teacher does not have to earn as much as a professional football player because the regulation mandates that your compensation or remuneration be high in comparison to others in the field.
In the performing arts, commercial success is number ten. Box office receipts from your films or plays, record sales, or the sale of your video documentary to a network for a significant sum can all be used to establish this.
Both number and quality are essential to USCIS. Even if you meet three of the ten criteria, USCIS will not automatically award you EB-1 status as an alien of outstanding ability. Comprehensive documentation of your qualifications is critical, like so many other parts of immigration law.
https://gehilaw.com/wp-content/uploads/2022/03/WhatsApp-Image-2022-03-03-at-12.36.30-AM.jpeg6301200banusahttps://gehilaw.com/wp-content/uploads/2021/12/logo-1.pngbanusa2022-03-03 03:33:142022-03-03 03:33:14The United States offers EB-1 visas to multinational executives, managers, and individuals who are exceptional and unusual.
Migrants and people seeking asylum are vulnerable to human rights violations based on their immigration status, gender, age, disability, real or perceived sexual orientation, gender identity or expression, race, primary language, ethnicity, and other status. Pregnant migrants and asylum seekers are at added risk of discrimination and adverse health outcomes.
Pregnant people mistreated in immigration detention:
For years, the United States has been placing pregnant people in immigration detention, often in the custody of CBP or ICE, where they frequently lack access to adequate medical care and face health-threatening conditions.
The prior administration’s attacks on women’s independence and availability of their reproductive health care were perhaps most acutely inflicted on women in immigration detention, as it has proven to be a barrier to reproductive justice. Reproductive justice, a human rights framework created by Black women activists and scholars in 1994, encompasses the ability to decide if a woman wants to have children or when and how a woman wants to have children and live in environments that allow for parenting with dignity. By declining freedom and bodily independence, the prison-like system is fundamentally incompatible with these principles.
The immigration detention system separates mothers from their families, denying them the ability to parent. It mistreats pregnant people and restricts access to abortion and other reproductive health care, interfering with the rights of detained people to control their reproductive lives and have healthy, positive pregnancy outcomes. Much like other injustices in the broader United States, women’s health and rights in immigration detention fall hardest on women of color, with disabilities, low-income women, transgender women, as well as young women and girls.
THE NEW BIDEN’S POLICY:
The Biden administration is easing restrictions placed on undocumented pregnant, postpartum, or nursing, the latest change in its broader efforts to soften immigration detention policies put in place by former President Donald J. Trump.
Under the new policy, Immigration and Customs Enforcement officers generally will not detain or arrest pregnant, nursing, or who had a baby within the previous year. The language in the policy will be gender-neutral, acknowledging that transgender men can give birth — another departure from past directives.
Immigration advocates welcomed President Biden’s new policy, which went even further than the 2016 version issued when he was vice president. However, like President Biden’s other immigration policies till date — all of which have been made through executive orders or directives and not codified in law — protections for undocumented pregnant and postpartum immigrants could disappear under a future administration, just as Trump rewrote for Obama’s policy. Though the new policy will affect only a small number of immigrants, it could irritate some conservatives who previously supported an effort by Trump to nullify the constitutional guarantee of birthright citizenship, in part to deter migrants from trying to get into the country to deliver babies.
Though the new Biden policy does not apply to pregnant, postpartum, or nursing migrants in Customs and Border Protection custody, Border Patrol agents are typically the first American law enforcement officials to encounter migrants who cross the border. They usually hold them for only a few days before transferring them to ICE custody.
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U.S. Immigration law is complex, and there is much confusion as to how it works. Immigration law in the United Stateshas been built upon the following principles: the reunification of families, admitting immigrants with valuable skills to the U.S. economy, protecting refugees, and promoting diversity.
The body of law governing current immigration policy is called The Immigration and Nationality Act (INA).
Once a person obtains an immigrant visa and comes to the United States, they become a lawful permanent resident (LPR). In some circumstances, noncitizens already inside the United States can obtain LPR status through a process known as “adjustment of status.” Lawful permanent residents are foreign nationals permitted to work and live lawfully and permanently in the United States.
LPRs are eligible to apply for U.S. citizenship. It is impossible to apply for citizenship through the normal process without first becoming an LPR, which is minutely taken care of by the immigration attorneys near you. Each year the United States also admits a variety of noncitizens temporarily. Such “non-immigrant” visas are granted to everyone from tourists to foreign students to temporary workers permitted to remain in the U.S. for years. While certain employment-based visas are subject to annual caps, other non-immigrant visas (including tourist and student visas) have no numerical limits. They can be granted to anyone who satisfies the criteria for obtaining the visa. Get your Free consultation from Gehi & Associates- Highly experienced Immigration Attorneys in New York.
Congratulations on deciding to immigrate to the United States!
Before you begin your immigration journey, you’ll need to understand what the process involves, get the best pieces of advice from the top immigration lawyers in NYC. To permanently move to the United States, you must meet specific requirements, pay government fees, and have your application approved by the U.S. government. That can be complicated and expensive, so it’s important to know what lies ahead.
In today’s difficult immigration times, anyone eligible for U.S. citizenship must apply as soon as possible. An individual can become a U.S. citizen either by birth or through naturalization. A naturalized person is an individual who is not born in the U.S. but acquires citizenship through the application. In American society, being a U.S. citizen provides some benefits. As a U.S. citizen, a person can vote, sponsor relatives, and is entitled to social security and welfare benefits; also, unlike permanent residents, citizens cannot be deported, even if they are charged with a serious crime, under most circumstances.
If you are not a U.S. citizen by birth or acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the naturalization process.
WHAT FORMS DO I NEED TO FILL OUT TO BEGIN THE NATURALIZATION PROCESS?
Are you 18 years of age and older?
File an Application for Naturalization (Form N-400)
Have you acquired citizenship from your parent(s) while you were under 18 years of age?
File an Application for a Certificate of Citizenship (Form N-600)
Are you an adopted child who acquired citizenship from your parent(s)?
File an Application for a Certificate of Citizenship on Behalf of an Adopted Child (Form N-643)
You are atleast 18 years old and be a permanent resident;
You should have resided in the U.S. as a lawful permanent resident for five years continuously before you file for naturalization. This period is reduced to three years if you are married to and living with the same U.S. citizen spouse who petitioned for you for at least three years as a permanent resident;
You must have been physically present in the U.S. for at least half of that 5 or 3 year period;
You have to demonstrate that you are a person of good moral character;
You must present a basic knowledge of U.S. history and government knowledge;
You must show that you can read, write, and speak simple English;
Finally, you must pledge allegiance to the U.S. government.
WHAT DOES IT MEAN TO HAVE “GOOD MORAL CHARACTER”?
Good moral character is an essential requirement for naturalization. Specific actions, such as illegal gambling, prostitution, failure to pay your taxes, lying to immigration officials, problems with drugs or alcohol, or being in arrears with your child support payments, may make it challenging to prove good moral character. Parking tickets or minor offenses do not usually disqualify an applicant, but repeated convictions for minor violations might. Having a criminal record can make the process a bit more complicated, but it does not mean you will be automatically denied.
Sometimes people with criminal records fail to apply for citizenship because they believe that they are ineligible. It is a misconception that a person who has been charged with a crime cannot become a citizen. A person may be eligible for citizenship, even if they have been accused of a crime in certain instances. If you have a criminal record, it is recommended that you contact an experienced immigration attorney for advice before filing your naturalization application.
IF I HAVE BEEN CONVICTED OF A CRIME, BUT MY RECORD HAS BEEN LEGALLY ERASED, DO I NEED TO INDICATE THAT ON MY APPLICATION OR INFORM AN IMMIGRATION OFFICER?
Yes, you should always be honest with Immigration regarding the following:
Arrests (including those by police, Immigration Officers, and other Federal Agents);
Convictions (even if they have been erased/expunged); and,
Crimes you committed for which you were not arrested or convicted.
Even if you have committed a minor crime, Immigration may deny your application if you do not mention any previous incidents to the Immigration Officer. You must inform Immigration about any arrests, even if someone else has advised you that you are not required to do so.
WHERE DO I FILE MY NATURALIZATION APPLICATION?
You should send your completed Application for Naturalization (Form N-400) or appropriate naturalization form to the proper United States Citizenship and Immigration Services Service (USCIS) Center.
HOW CAN I PAY MY APPLICATION FEE?
You must send your fee with your application. Remember that your application fee is not refundable, even if you withdraw your application or the United States Citizenship and Immigration Services (USCIS) denies your case. You must pay your application fee with a check or money order drawn on a U.S. bank in U.S. dollars, payable to the “USCIS.”
DO I HAVE TO GO FOR AN INTERVIEW OR TAKE AN EXAMINATION AS PART OF THE NATURALIZATION PROCESS?
Yes. Each naturalization applicant must undergo an interview with the United States Citizenship and Immigration Services (USCIS). At the interview, you will be asked questions about your application for naturalization and background. Every applicant must then examine, which will test their knowledge of the English language, and a civics exam to test their understanding of U.S. history and government.
WHERE CAN I BE FINGERPRINTED?
After the United States Citizenship and Immigration Services (USCIS) has received your application, they will notify you of the location where you should report to get fingerprinted.
WILL UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) PROVIDE SPECIAL ACCOMMODATIONS FOR ME IF I AM DISABLED?
Some people with disabilities need special consideration during the naturalization process. United States Citizenship and Immigration Services (USCIS) will make every effort to make reasonable accommodations in these cases. For example, if you use a wheelchair, they will make sure your fingerprint location is wheelchair accessible. If you are hearing impaired and wish to bring a sign language interpreter to your interview, you may do so. Asking for a unique accommodation will not affect your eligibility for naturalization. The United States Citizenship and Immigration Services (USCIS) makes decisions about making such accommodations on a case-by-case basis.
HOW LONG WILL IT TAKE TO BECOME NATURALIZED?
The time it takes to become a citizen varies from one local office to another.
HOW DO I DETERMINE THE STATUS OF MY NATURALIZATION APPLICATION?
The receipt notice you will receive from the United States Citizenship and Immigration Services (USCIS) will provide you with the approximate time it will take for them to process your case. If you have NOT been scheduled for a naturalization interview, you can visit the local office having jurisdiction over your claim to inquire about the status of your application.
CAN I REAPPLY FOR NATURALIZATION IF THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) DENIES MY APPLICATION?
In most cases, you may reapply for citizenship if the United States Citizenship and Immigration Services (USCIS) denies your application. If you reapply, you will need to complete and resubmit a new Application for Naturalization (N-400) form and pay the fee again. You will also need to have your fingerprints and photographs retaken. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization any time after your denial. You should reapply whenever you believe you have learned English or civics well enough to pass the test.
WHEN DID/DOES MY TIME AS A PERMANENT RESIDENT BEGIN?
Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date will be printed on your Permanent Resident Card (formerly known as an Alien Registration Card).
IF THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) GRANTS ME NATURALIZATION, WHEN WILL I BECOME A CITIZEN?
You become a citizen as soon as you take the Oath of Allegiance to the United States. In some places, you can choose to take the Oath the same day as your interview. If that option is not available or if you prefer a ceremony at a later date, the United States Citizenship and Immigration Services (USCIS) will notify you of the ceremony date with a Notice of Naturalization Oath Ceremony (Form N-445).
HOW DO I REGISTER WITH SELECTIVE SERVICE?
Selective Service registration allows the U.S. Government to maintain a list of names of men who may be called into military service in case of a national emergency requiring rapid expansion of the U.S. Armed Forces. The Selective Service can ensure that any future draft will be fair and equitable by registering all young men. Federal law requires that at least 18 years old but not yet 26 years old be registered with Selective Service. This also includes all male non-citizens within these age limits who permanently reside in the U.S. Men who are lawful permanent residents must register. Men cannot register for the Selective Service after reaching the age of 26.
WHY DO I NEED TO REGISTER WITH THE SELECTIVE SERVICE?
Failure to register for the Selective Service may (in certain instances) make you ineligible for certain immigration benefits, such as citizenship.
Given the current challenges facing those seeking United States citizenship, it is strongly recommended that everyone interested in doing so should consider becoming a citizen as soon as they become eligible. Please note that several conditions must be met to be considered a naturalized United States citizen. A variety of significant benefits await all who become United States citizens. If you are a United States citizen, you will not be deported, even if you are charged with a serious crime (in most cases). Additionally, becoming a citizen gives you the right to vote, become eligible for Medicaid, sponsor relatives, etc.
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