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Misrepresentation and Fraud Waivers Explained

Misrepresentation and Fraud Waivers

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There are several factors that can make a person ‘inadmissible’ in the U.S, and if you are ineligible to enter the U.S. due to specific grounds of inadmissibility, you must ask for a Waivers;

an I-601 Application for Waiver of Grounds of Inadmissibility allows a foreign national to immigrate to the U.S, adjust their status to permanent residence, or seek admission to the United States in a non-immigrant status.

According to U.S. immigration laws, an alien who commits fraud or knowingly misrepresents a material fact in order to enter the U.S. to obtain any immigration advantage shall be barred from entering the U.S. as an immigrant or non-immigrant for life.

An applicant who is proven to have committed fraud is declared inadmissible to be a U.S. citizen for life.

This type of inadmissibility is severe and prevents the alien from applying for entry into the United States. However, a waiver of inadmissibility resulting from fraud or misrepresentation of a material fact can be filed.

Inadmissibility is a devastating outcome for any immigrant seeking to live and work in the U.S. with their family. Inadmissibility based on fraud or misrepresentation can be remedied;

our immigration lawyers in NYC will help you determine if you qualify for the I-601 waiver.

The article focuses on the fraud and misrepresentation waivers, their requirements and how to prove extreme hardship.

 Fraud

Fraud is defined as the false misrepresentation of a substantial truth with the intent to deceive.

A material fact is one that, if concealed, would lead to a different decision.

To be found inadmissible, an applicant must knowingly misrepresent a material fact with intent to deceive the official.

  • The misrepresentation was intended to deceive the officer, and
  • The officer relied on the false information given, had faith in it, and granted some sort of immigration benefit.

Misrepresentation

A misrepresentation is the willful misrepresentation of a material fact in order to obtain a visa, green card, or other immigration advantage.

Not every statement that is deemed to be a “misrepresentation” by an immigration officer will satisfy the requirements for a “willful misrepresentation” and “material fact” under the law.

It is strongly advised to consult with an immigration attorney in NYC to determine whether prior misrepresentation or fraud would be a problem in your immigration case.

The act of misrepresenting something requires that the person in question “willfully misrepresent a material fact.” The officer must find out that:

  • The applicant received or sought to get a benefit under US immigration law
  • The person misrepresented a fact
  • The fact was material to the application; if the misrepresentation was not material to obtaining the immigration benefit, it would not trigger this ground of inadmissibility
  • The misrepresentation was made willfully
  • The misrepresentation was made to a USCIS officer, consular officer, or other U.S. government official

Misrepresentation or Fraud Waiver Requirements (Immigration lawyer in NYC)

If you are granted a misrepresentation waiver, you may be able to overcome a permanent inadmissibility resulting from fraud or misrepresentation.

You must establish “extreme hardship” in order to be separated from a spouse, parent, or other family member who is a citizen or permanent resident of the United States.

Extreme Hardship

Proving that you fulfill the extreme hardship standards might be difficult; it is insufficient to show that being apart from your family would be emotionally unsettling.

You have to show that the hardship to your qualified relative would be extreme compared to the hardship generally experienced during a family separation.

Most people will benefit from the assistance of an immigration attorney in NYC in preparing their waiver application.

 Extreme hardship to the U.S. citizen or lawful permanent resident spouse or parent has been defined in various ways by U.S. Citizenship and Immigration Services (“USCIS”), case law, and governmental regulations.

When determining whether someone will suffer “extreme hardship,” USCIS will evaluate anticipated impacts on their: 

  • Family ties
  • Social and cultural impact
  • Economic impact
  • Health conditions and care
  • Country conditions

 Consulting an immigration lawyer in NYC to determine if extreme hardship is fulfilled in a 212 waiver application is always a good idea because this flexible threshold is a constant point of legal debate.

What is the Processing Time for Form I-601?

You should also anticipate a delay after submitting Form I-601, as many applicants wait a long time for USCIS to make a decision, although processing times vary.

If the waiver is granted, it will be in effect permanently, allowing you to obtain the immigration benefit you require to re-enter or remain in the United States with your U.S. citizen or lawful permanent resident immediate family.

It might be tough to prove “extreme hardship,” but experienced immigration lawyers in NYC can help you complete Form I-601 and advise you on how to effectively frame your case.

We are devoted to assisting you in continuing your immigration journey and exploring every possibility that will allow you to remain in the United States with your family.

Why Having an Immigration Attorney is Important

The immigration process is complex and subject to sudden changes; individuals who attempt to handle immigration law on their own risk jeopardizing their case.

A skilled immigration attorney in NYC can assist you in completing the waiver application process and gathering the necessary evidence and documents for your case, as even a minor error could result in the rejection of your application, which costs time and money. Let us put our skills to work for you.

With a Free consultation, we can analyze your case, identify the available options, and help you decide the safest, most cost-effective, and quickest route to success.

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E2 Visa to Green Card: A Step-by-Step Guide

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The path from an E-2 visa to a Green Card is an option that many immigrants may choose to take in order to legally enter and remain in the United States, however, you do not qualify for a green card just because you possess an E2 visa; you can still be able to get permanent residency through another method.

 The E-2 visa offers investors the opportunity to work in the United States by making a substantial financial investment in a U.S. business; for those who meet the requirements, the visa is valid for five years and may be extended indefinitely. Although the E-2 is valid for five years, you need to be aware that the date on your I-94 arrival or departure record, which might be different from the dates on your visa, is only valid for two years.

 Switching from an E-2 visa to a permanent resident can be a difficult and time-consuming process, especially when a large sum of money is at stake, you do not want to do it alone; working with an immigration attorney in NYC can help to lessen the difficulties and amount of time it takes. This blog post will discuss the different pathways to change an E2 visa to a green card.

 E2 to Green Card

If you are a treaty investor, you may be eligible for an E2 visa if you meet the following qualifications:

  • Citizen of a U.S. treaty country
  • Continued investment in the U.S. business
  • Further business development and 50% ownership or a management position

An E-2 visa applicant may be accompanied by approved spouses and unmarried children under the age of 21. If you’re interested in starting a business in the U.S., one option to consider is to purchase a franchise and apply for an E-2 visa.

 E2 Visa to Green Card Process

 If you choose to request an adjustment of status for your E-2 visa to become a permanent resident, one common way to do it is to seek a PERM labor certification. To file your petition, you must find a sponsor who meets the requirements for your green card, obtain a PERM labor certification, and pay the filing fees.

There are several steps that need to be completed with the U.S. Department of Labor (DOL) when an employer agrees to sponsor an E-2 visa holder; as one of these steps, the employer must advertise the job opening provided to the visa holder so that American workers can apply for it. The employer must be unable to fill the position with sufficient U.S. workers.

Under the DOL framework, the PERM labor certification process currently takes roughly 11 months. However, after this process is done, the employer has to begin the process with USCIS by filling out the required forms to prove that the foreign national is qualified for the required job position and that the employer is capable of paying the prevailing wage. In the second or third preference category, an employer can sponsor an E-2 visa holder, and applicants with advanced degrees, people with extraordinary abilities, those with bachelor’s degrees, and skilled workers fall into these categories. If your case matches this pattern, you should consult with our immigration attorney in NYC to better understand the process.

How Can I Change E2 Visa to a Green Card?

Transitioning from an E2 visa to a permanent resident requires one of the following:

  • Employer Sponsorship
  • Family-Based Sponsorship
  • EB-1 Green Card
  • National Interest Waiver (NIW)
  • Marriage-Based Green Card
  • EB-5 Investor Program

 Certain foreign nationals who are spouses, parents, or minor children of U.S. citizens with lawful permanent residency may apply to become permanent residents themselves through family sponsorship. Other close family members may also be eligible for green cards. However, this process might take a long time.

An EB-2 National Interest Waiver may be required to obtain an adjustment of status. Our immigration attorney in NYC can assist an immigrant visa holder in navigating the tough path to permanent residency.

 Employer Sponsorship

When an employer is willing to hire and sponsor a foreign national’s visa, opportunities exist; though it can take several years to obtain a green card in this manner, the foreign national will have legal authorization to live and work in the United States during the duration of the green card application process. Individuals with degrees and/or professional qualifications are encouraged to consider switching to an H1-B visa while their permanent residency petition is being processed.

Applicants must be aware that before employing a foreign national for the role, their employer must go through the labor certification process known as Program Electronic Review Management (PERM). Consequently, the employer must first give U.S. citizens a chance to apply for the position; despite not requiring the labor certification process, some categories are extremely demanding. Contact an immigration attorney in NYC if you think you might be eligible for the EB-1 or NIW classifications.

Family-Based Sponsorship

A family member who is older than 21 and a citizen of the United States may sponsor an individual’s petition for permanent residence. For example, if the U.S. citizen is the applicant’s sibling, the process may take up to twelve years; if the U.S. citizen is the applicant’s child, the process might only take one year.

Similarly, if the applicant’s spouse is sponsored by a U.S.-based company, he or she may be able to sponsor the applicant’s green card. Which normally has a waiting time of less than two years and up to three years.

Extraordinary Ability (EB-1 Visa)

Naturally, E-2 visa holders have the option to change to an EB-1 employment-based visa with first preference; the applicant must be able to prove that they have extraordinary abilities in their specialty. These fields often include athletics, the sciences, the arts, education, and/or business. The EB-1 visa will be an ideal route to a green card for such people.

National Interest Waiver (NIW)

E-2 visa holders with advanced degrees or who are highly skilled in what they do are eligible to apply for an NIW; individuals seeking National Interest Waivers are those whose work is of national importance to the United States and whose employment benefits the country.

Fortunately, E-2 NIW individuals do not require employer sponsorship. As a result, the company is not required to go through the PERM process, which has the extra benefit of saving time. A waiver in this category signifies that the applicant has petitioned to have the requirements for employer sponsorship and labor certification waived.

Marriage-Based Green Card

An E-2 visa holder may legally sponsor their spouse’s green card application if they marry a citizen or legal permanent resident of the United States. This type of union must be legal, and the USCIS will want substantial evidence proving its sincerity.

EB-5 Visa

An investor immigrant visa (also referred to as an EB-5 visa) is an additional option; this is a means for the investor, as well as the investor’s spouse and/or children, to get a green card. For the duration of the EB-5 visa, children are allowed to live legally in the United States as long as they are under 21 and unmarried.

The typical wait period for a green card after submitting the Instructions for Petition by Investor to Remove Conditions on Permanent Resident Status (Form I-829) application is six months. Furthermore, the typical wait period for petition approval is 60 days from the filing date; while the requirements for the EB-5 category may appear simple, compliance can be difficult. If you’re interested in applying to become a permanent resident under the EB-5 program, speak with an experienced immigration attorney in NYC to help with the application process.

Applying For A Green Card

An E-2 visa is a non-immigrant status, as was previously mentioned. The visa holder (or their sponsor) must either apply at a U.S. consulate from abroad or file an adjustment of status application with USCIS while within the country in order to become a permanent resident of the United States.

It is important to note that most employment-based visa holders may only apply for permanent residency in the United States from abroad. If the petitioner desires to retain any of their present E-2 visa rights. If he or she believes it is more beneficial to forego these rights by applying for a green card from within the United States, he or she can do so. The petitioner must include the Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities (Form I-508) with the adjustment of status application.

If approved, the visa holder’s status will be changed from employment-based visa holder to permanent United States resident. Green card applicants, like other visa applicants, must file all the necessary documents and supporting evidence, attend a biometrics appointment, and interview with an immigration officer.

 Strategic and Trusted Immigration Guidance

If you are interested in mapping out your route from the E-2 visa to lawful permanent residency, our immigration attorney in NYC offers a wide range of U.S. immigration expertise, provides free consultations to potential clients, and helps foreign nationals from all around the world file successful green card applications. We would be glad to do a thorough analysis of the specifics of your case to ascertain your eligibility.

Naresh M. Gehi, Esq., Recognized as a Super Lawyer for 2023 by Thomson Reuters

Naresh M. Gehi, Esq., Recognized as a Super Lawyer for 2023 by Thomson Reuters

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Naresh M. Gehi, Esq., was recently selected to be among the Super Lawyers for the year 2023 by the Thomson Reuters Corporation–an accolade they award annually to the top 5% of attorneys on the basis of their professional achievements and the recognition of their peers. Super Lawyers labeled Mr. Gehi a “top immigration lawyer in Jackson Heights, New York,” and also noted his experience in employment and labor law, as well as bankruptcy law. With gratitude, Mr. Gehi humbly accepted this recognition on behalf of the team he leads as the principal attorney of Gehi & Associates. He also acknowledged the importance of the legal software company, My Legal Software, and its practice management tools, Immigration Speed and General Practice Speed, for the essential support they provided for his professional growth.

Mr. Gehi’s law firm has recently been recognized as a “Best Law Firm of 2021” by the Legal Directorate, as members of a class possessing “Rising Excellence in Immigration Law, 2021” by the Lawyers of Distinction, and as “Law Eagles of America 2021.” Mr. Gehi himself was recently presented with the Queens Ambassador Award.

Mr. Gehi is an internationally renowned lawyer with more than twenty years of experience, successfully practicing in federal, state, and immigration courts. Gehi & Associates, his New York-based law firm, has handled more than 17,000 cases.

Mr. Gehi is also currently the personal advisor to the President of Suriname Chan Santokhi, who has appointed him to lead the legal committee tasked with rewriting Suriname’s immigration laws, and frequently consults Mr. Gehi on international and trade law affecting Suriname. In recognition of Mr. Gehi’s service, which has also included significant contributions toward Suriname’s economy, President Santokhi has conferred upon him the honorary title, “Honorable.”

Mr. Gehi’s expertise has also been actively sought after in the U.S., where he has worked closely with U.S. Representatives and testified before the NY State Senate on reforming immigration law, as well as acted as a member of Hillary Clinton’s finance committee.

Additionally, Mr. Gehi is firmly committed to using his skills and knowledge to educate attorneys and laypersons alike on immigration matters. He is a member of the Federal Litigation Committee of the American Immigration Lawyers Association’s New York Chapter, and has spoken on the association’s “Ask the Experts” panel. Mr. Gehi has also engaged the broader public, appearing on CNN, ABC World News, and at the renowned Press Club of America to offer his insights and perspective on the law. His work has been featured in the New York Times and Forbes Magazine, and Mr. Gehi himself has been cited as an expert by Fox News and PIX 11. His efforts to make immigration law accessible to everyone have also led him to author the book “Immigration for Everyone,” now in its third edition.

Mr. Gehi’s illustrious clients include Shahrukh Khan, the undisputed king of Bollywood, Honey Singh, a renowned artist, numerous other Bollywood celebrities, UN diplomats, and retired judges.

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Understanding The Key Differences Between Divorce And Annulment

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The end of a marriage can be a traumatic and exhausting process; sometimes it’s amicable, but most of the time it’s not, and if both couples are capable of working together, there are a plethora of legal issues that must be considered. The process becomes considerably more difficult when spouses are at odds; you and your spouse will eventually have to decide how to end the marriage, but first, you’ll need to understand the options and if you qualify for them.

Divorce and annulment are two distinct legal processes that end a marriage. While both result in the dissolution of a marriage, they differ in terms of the legal grounds, the manner in which they are handled, and the impact on each spouse’s status. Understanding these distinctions is important if you are in a difficult marriage and considering your choices. In this blog post, we’ll explore the key differences between the two, such as their legal definitions, reasons for filing, and the processes involved. Finally, we’ll discuss how funds and children are handled in both circumstances.

Legal Definition Of Divorce And Annulment

The legal definitions can be confusing, but understanding the distinctions is important because, while divorce is the legal dissolution of a marriage, annulment, on the other hand, declares that the marriage was never legally valid. There are three main reasons for divorce: irreconcilable differences, adultery, and desertion. Contrarily, grounds for annulment may include fraud, bigamy, and incapacity.

 It is important to highlight that following a divorce, both parties are deemed to have been married; an annulment, on the other hand, renders the marriage void from the beginning. The legal processes for divorce and annulment vary in terms of requirements, timing, and procedures; in either case, it’s important to seek guidance from a skilled matrimonial attorney in Hamstead who can help you negotiate the legal difficulties of both options.

 What Is A Divorce?

Divorce is a legal process that dissolves a marriage and allows both parties to go on with their lives. To begin the process, one spouse must file a petition with the court and go through a number of legal procedures. When spouses agree to divorce, they may have substantial differences of opinion when it comes to splitting property, bank accounts, or shares in a family business. Once there are children involved in a marriage, child custody and child support must be agreed upon and put together; when dealing with primary custody, where the children should live, and how much support should be provided, emotions can run high. This often extends the timetable for divorce proceedings. 

 The divorce can be completed once a marriage settlement agreement has been established and all the details have been ironed out. The marriage has now officially terminated, and both spouses are legally divorced. With a divorce, the marriage will always have a start and end date and be legally recognized, which is the main difference between an annulment and a divorce.

 Types of Divorce

Divorce, unlike annulments, has no different types. However, there are several approaches to the proceedings; the terms “uncontested” and “contested” are frequently used to describe how divorces are handled.

  • Uncontested Divorce

Both parties must consent for there to be an uncontested divorce; therefore, the decision on how to distribute the marital assets is not one for the court. While getting both parties to agree on divorce terms might be difficult, starting with the idea that you want an uncontested divorce can be a great way to part ways peacefully. If you are unable to reach an agreement, the court will resolve the issues; however, in most cases, it is preferable to try to reach an agreement and only turn to the court as a last resort.

  •  Contested Divorce

When a married couple cannot agree on the terms of their divorce, the separation is contested; therefore, the judge must decide on property division, alimony (spousal maintenance), and other issues. It is important to have an experienced matrimonial attorney in Hamstead offer legal counsel in a contested divorce.

 What Is An Annulment?

This signifies that the marriage never existed legally in the first place; also, annulment grounds are more limited than divorce grounds and can require proof of fraud, bigamy, or lack of consent.

An annulment, unlike divorce, often simplifies these concerns since the law recognizes the marriage as if it never happened. However, it is important to consult with a matrimonial attorney Hamstead to fully comprehend the implications of separation in your specific situation.

 How Do I Get An Annulment?

If you’re wondering if your marriage can be dissolved, it can, but only in certain situations, and a legal process known as an annulment effectively proclaims a marriage null and void as if it never took place. Depending on the state or country, common reasons might be used for annulment, but the most frequent ones include fraud, bigamy, coercion, mental incapacity or incompetence, and underage marriage. To find out if you have a case for annulment and to get advice on what to do, it is important to consult with a matrimonial attorney Hamstead.

 Who Is Qualified For An annulment?

Divorce and annulment are both viable options, but annulment appears to be the superior choice, while this seems like the simplest way to end any marriage. Sadly, it’s not quite that easy.

Most individuals ultimately choose divorce when deciding between annulment and divorce, and this is due to the fact that annulment is a rare choice; the majority of marriages will fall short of the annulment standards.

It is necessary to establish that your marriage falls under one of these less common situations if you wish to get an annulment. Both spouses must show:

  • You were tricked or forced into marriage
  • Your decision to marry was influenced by drugs, alcohol, or mental health issues
  • You were under the legal marriage age
  • The marriage was incestuous
  • One spouse was already married
  • One spouse concealed a serious issue

 

Due to the rare nature and severity of such situations, most people are ineligible for annulment, and a serious problem being concealed is a rather nebulous idea. It can cover a broad range of circumstances. When one spouse fails to disclose facts like a criminal record, drug or alcohol misuse disorders, or knowledge of infertility to the other, this frequently justifies an annulment.

 An annulment may be conceivable if you have proof that your spouse deliberately kept a significant, life-altering issue from you. Nonetheless, it will not be simple, as the question of annulment and divorce ends in divorce for the majority of couples.

 What Happens After An Annulment?

Since the marriage is being dissolved, the court cannot award alimony or distribute property as it would in a divorce during an annulment; before the annulment case is heard, the court might order legal costs and post-separation assistance. Any children born during the marriage are still legitimate after an annulment.

 Handling Finances And Children

Managing finances and children through a divorce may be emotionally taxing, as both processes require a thorough examination of financial assets, debts, and child custody arrangements. While divorce entails the splitting of assets and debts, annulment does not often involve asset division or support. Furthermore, the process changes between the two options when it comes to children; divorce requires a custody arrangement and visitation schedule, whereas an annulment treats the marriage as if it never happened.

 Understanding the legal implications of both options is important when it comes to finances and children; the challenges associated with either divorce or annulment can be handled by seeking legal counsel from a matrimonial attorney in Hamstead, and whatever alternative you select, keep in mind that everyone’s wellbeing and emotional health should come first during this trying time.

Consult With A Matrimonial Attorney in Hamstead

Knowing if you qualify for an annulment and whether it is in your best interests is a complex question, and the best approach to figuring out what you should do in your specific situation is to contact a qualified matrimonial attorney in Hamstead. We are here to answer your questions, explore your options, and help you understand your rights. If we represent you in your divorce, our attorneys will walk you through each step of the process as quickly as possible.

Employment based green card | Immigration attorney nyc | immigration attorney Brooklyn

Guide To Obtaining An Employment-Based Green Card

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The United States (US) is one of the most attractive destinations for immigrants intending to permanently relocate from their home country to live and work in the US as a permanent resident. Although there are several ways of achieving this intention, one of the most viable ways is through an employment-based green card. Several immigrants have successfully obtained employment-based green cards with the help of an immigration attorney in Brooklyn.

The relevance of connecting with an immigration attorney in Brooklyn during the application process for an employment-based green card is enormous, as uniformed immigrants cannot successfully benefit from this route of obtaining a green card. A lot is involved in obtaining an employment-based green card, and the complexities involved in the application process are better assessed by an immigration attorney in Brooklyn.

The first challenge an uninformed immigrant seeking an employment-based green card will face is identifying the requirements to be eligible for an employment-based green card, knowing the category he can apply under and understanding the intricacies involved in the application process.

Regardless, before making a decision on initiating an application for an employment-based green card, it is imperative you take note of certain guides and tips that will be highlighted in this post.

Categories of an Employment-Based Green Card

An immigrant seeking to obtain an employment-based green card must be well informed of the different categories they can apply under depending on their working skills. These categories are:

  1. EB-1 – first preference – those falling under this category are:
    1. persons with extraordinary skills,  arts, sciences, education, business, or athletics
    2. Researchers and professors who are outstanding
    3. Managers and executives of multinational companies.It is important to note that in order to be eligible to apply for an employment-based green card under EB-1, the application must be supported by relevant documents showing the experience of the immigrant for a relevant number of years.
  2. EB-2 – second preference – immigrants may apply under this category where:
    1. They hold advanced degrees which must be accompanied by relevant working experience for more than 5 years(or)
    2. They have exceptional skills or a certain level of expertise in sciences, arts, or business and meet any of the labor certifications. To know if you meet any of the labor certifications you can contact an immigration attorney in NYC to assess your situation and make that determination. Interestingly, where you do not meet any of the labor certifications, an immigration attorney in NYC can help you request, through a petition, for a waiver of this requirement for labor certification on the grounds that the immigrant’s work and the waiver are in the national interest of the US.

However, in granting this waiver, based on national interest, the United States Citizenship and Immigration Services (USCIS) usually have recourse to three factors: the immigrant intended work must have both substantial merit and national relevance, the immigrant is well equipped to carry out the work, and balancing the request for waiver with other consideration, it would be in the interest of the US to grant the waiver.

     3. EB-3 – third preference – immigrants will be eligible under this category where they are generally:

  1. Skilled workers – the employer has to demonstrate that no other employee in the US can execute the work of the immigrant which would form part of the labor certification process.
  2. Skilled professionals (or)
  3. Other workers who are not skilled (i.e. with less than two years of training or experience).

    4. EB-4 – Certain Special Immigrants – The immigrants that fall under this category are those workers in specified areas such as:

  1. Religious workers
  2. Broadcasters
  3. Employees of International organizations
  4. Those in the armed forces
  5. Employees of Panama Canal Zone
  6. Immigrants from Iraq who have helped the US
  7. Iraq/Afghan translators
  8. Medical doctors
  9. Retired employees of NATO-6 and
  10. Spouses and children of deceased employees of NATO-6.

Generally, labor certification is not required from immigrants under this category. However, before immigrants will be granted an employment-based green card under this category, certain conditions, depending on the specific area the immigrant is seeking to apply under in this category, must be met. If you wish to apply under this category, contact an immigration attorney in NYC to identify the specific conditions that apply to you and how to apply for same, as the application under this category is distinct from the general application for an employment-based green card.

  1.     EB-5 – Immigrant Investor – This category of employment-based green card is strictly for foreigners investing in the US economy. The eligibility and application process for this category of an employment-based green card is in a class of its own, and you may need to contact an immigration attorney in NYC to help you in this regard.

General Application Process

Oftentimes, immigrants applying for an employment-based green card are already lawfully within the US, and in such cases, the application process can generally be initiated by a US citizen employer filing Form I-140 (Immigrant Petition for Alien Worker) stating that there is a job opening which can only be adequately filled by the immigrant, and upon satisfying certain conditions the USCIS may approve same by issuing Form I-797. Concurrently, Form I-485 (Application to Register Permanent Residence or Adjust Status) may also be filed with the USCIS. However, where the immigrant is outside the US, after the approval of Form I-140 (Immigrant Petition for Alien Worker), the immigrant will need to adopt consular processing. An immigration attorney in NYC can advise appropriately in this regard. Before a final decision is made by the USCIS on granting the employment-based green card, an interview might be scheduled with the immigrant.

Get Help

We quite understand that, as a US employer and an immigrant employee, obtaining an employment-based green card can be such a daunting task and it may be overwhelming to assess your situation in line with the relevant application guidelines, that is why it is important you connect with an experienced immigration attorney in NYC or an immigration attorney in Brooklyn for a seamless and successful application.

At Gehi and Associate, our team of experienced immigration attorneys in NYC or immigration attorneys in Brooklyn have helped numerous clients successfully process their employment-based green cards under different categories, and we would be glad to help you. Schedule a free consultation with us NOW, and you will be amazed at the result.

 

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Adjustment of Status Application (from Visitor to a Permanent Resident)

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Introduction

The United States (US) immigration law has provided two distinct routes to obtaining the Green Card (Permanent Residency Status); either through Consular Processing or Adjustment of Status Application. The route utilised by an applicant depends on the applicant’s location at the time of seeking the Green Card and other relevant details which is better assessed by an Immigration Attorney in Corona.

Consular Processing is a process where an applicant outside the US applies for a Green Card through the nearest US Embassy or Consular in the country where the applicant currently resides. The application for Green Card using the Consular Processing is processed by the National Visa Center (NVC) and not the United States Citizenship and Immigration Services (USCIS). For those within the US seeking to obtain a Green Card for their relatives or friends outside the US, this can be a viable route to undertake. In this regard, an immigration attorney in Corona NY will be most useful in providing relevant tips and guidance on this route.

Conversely, the Adjustment of Status Application allows persons who entered the US as visitors to apply to obtain a Green Card by changing their status. This route is provided for and acknowledged in section 245(a) of the Immigration and Nationality Act (INA). Most people consider this route as an easier route to become a permanent resident in the US, however, it is subject to strict qualifications and conditions which makes the application process complicated for ignorant applicants. This makes it more attractive to connect with an Immigration Attorney in Corona NY, who has the requisite experience and understands the nuances of the Adjustment of Status process.

Regardless, to enable applicants to get an overview of the Adjustment of Status application process, this post provides a cursory analysis of the Adjustment of Status application process.

 Who can apply for Adjustment of Status?

The adjustment of status is not approved automatically, as certain conditions must be met in order to be eligible to apply for adjustment of status.  The essential conditions to be met, which are not cumulative, are as follows:

  1. Physically resident within the US
  2. The applicant must have entered the US legally
  3. Must be eligible for an immigrant visa
  4. Sponsored by an immediate family member who is a US citizen or a lawful permanent resident
  5. Sponsored by an employer in the US
  6. Possess special skill
  7. An investor
  8. Victims of abuse, human trafficking or humanitarian issues
  9. Change in circumstance may affect the Adjustment of Status application. These circumstances may be family, marriage or employment related. For example, the death of a US citizen requesting for the adjustment of status of an immediate relative may affect the adjustment of status application
  10. The application is made within the numerical annual quota for immigrant visas.

The Application Process

Generally, the Adjustment of Status application process is initiated by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). The first hurdle in filing this form is to identify the right edition of Form I-485 to file depending on the time of filing; however, a consultation with an immigration attorney in Corona NY will eliminate this hurdle.

Usually, an immigration petition is filed along with the application, and most often someone must file the immigration petition on the applicant’s behalf. However, in certain cases, the applicant may be able to file the petition directly. Asides from Form I-485, other forms that may be relevant depending on the applicant’s needs are – Form I-130 (Petition for Alien Relative), Form I-140 (Immigrant Petition for Alien Worker), Form I-730 (Refugee/Asylee Relative Petition), Form I-589 (Application for Asylum and for Withholding of Removal), Form I-360 (Petition for Amerasian, Widow(er) or Special Immigrant), Form I-526 (Immigrant Petition by Alien Entrepreneur), Form I-918 (Petition for U Non-immigrant Status), and Form I-929 (Petition for Qualifying Family Member of a U-1 Non-immigrant).

Identifying which forms to file and how to file the same can be quite challenging, but with the help of an immigration attorney in Corona an applicant’s situation can easily be assessed and the relevant forms identified.

It is important to note that filing an application for adjustment of status alongside a petition by a US citizen or lawful permanent resident’s sponsor on family grounds (Form I-130), employment grounds (Form I-140), or humanitarian grounds (Form I-730) will rarely be denied by the USCIS.

Upon filing an application for adjustment of status, the USCIS will undertake a background check based on the information provided in the application form. Subsequently, the USCIS may schedule an interview with the applicant, which is often at the last stage of the application.

In order to ensure that applicants did not enter the US based on misrepresented facts, the USCIS employs the well-known 90-day rule to infer the intent of the applicant during initial entry into the US. This means that where an applicant makes an application for adjustment of status within 90 days of entering the US, the USCIS will infer that the applicant entered the US by willfully misrepresenting facts. Convincing the USCIS otherwise in an application for adjustment of status made in less than 90 days upon entering the US is an onerous but not impossible burden – an immigration attorney in Corona will be of great assistance in this regard.

This does not in any way mean that applications for adjustment of status made after 90 days are free from this inference, as the USCIS may still infer a misrepresented intention in entering the US after assessing the application. To avoid this, it is relevant to work closely with an immigration attorney in Corona in filing an application for adjustment of status.

Where to file the application depends on the eligibility category of the applicant, and the application must be supported with initial evidence (this depends on the grounds on which the application is based).

Except in limited cases (such as travel approval for emergency), an applicant has to reside within the US throughout the pendency of the application.

In Need of Legal Assistance?

Are looking forward to changing your current immigration status to become a Green Card holder? Or you have commenced the adjustment of status process and got stuck? Or you don’t even know how to begin the process? Gehi and Associates is strategically positioned to assist you and walk you through the entire process.

Leverage and take advantage of Gehi & Associates’ dedicated team of immigration attorneys in Corona and other parts of New York experienced in immigration matters. You can connect with us and schedule a free consultation for a successful application journey with us.

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Common Reasons for US Visa Rejection

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It can be nerve-wracking to apply for a U.S. travel visa when you aren’t sure what to expect! It is always up to the US government to either approve or deny your travel visa; it is also an unfortunate reality that denials do happen, which makes many visa applicants get confused and are unable to exactly understand the reason for their visa refusal.

To prevent engaging in actions that can result in a visa denial, you must be informed of the reasons for the visa rejection. You must properly fill out the visa application form and submit it to the authorities who handle the visa processing before you can begin the visa application process, and as such, it is important to work with an experienced immigration attorney in South Jamaica who can guide you through the visa application process and help you avoid common pitfalls.

Following that, you should go over the most frequently asked questions and strategies for answering them in order to get ready for your visa interview. You must be aware of the processes needed to obtain a visa in the country you are visiting, as the visa application process varies between countries. There are several reasons why a visa application could be denied, but the good news is that you can typically avoid issues if you know what to look out for. Being aware of and familiarizing yourself with these  denial reasons now can help you avoid them down the road. This blog provides a list of reasons frequently given for visa denials that you can avoid while requesting a visa. Know all the visa rejection reasons to be alert next time when you apply.

 Incomplete Application

If you do not complete all of the required fields on the application, your visa request will be refused. As a result, you must take care to thoroughly fill in each detail. Also, before submitting the completed form, you must review it for any mistakes while checking that every field is filled out accurately since any error might result in your visa application being rejected.
You must read the instructions for the relevant field if you are having trouble filling in any blank fields. If you get stuck at any point, you may also contact your immigration attorney in South Jamaica to prepare your forms and supporting documents using the best standards and practices, as well as guide you on how to pass your visa interview.

Violation of Rules

The office managing the visa as well as the Ministry of External Affairs have rules for visa applications; when applying for a visa, all applicants must comply with the regulations. The immigration department has various requirements regarding the documentation process as well. To prevent visa rejection, you must follow the processes outlined by the government and provide all required documentation.
Check the restrictions on the embassy website of the country you intend to visit, and you should avoid submitting forged papers, which might result in visa refusal and other fines.

Incomplete Travel Details

During the visa application process, you must submit your entire travel plan, which is especially significant if you are visiting multiple countries. The majority of visa rejections occur because applicants provide incomplete or incorrect travel information. To avoid issues, you must give the following information to the immigration department:

  • The list of countries you are planning to visit.
  • The timings and the duration of the trip.
  • Documents supporting flight, hotel bookings, etc.

 Insufficient Travel Insurance

Another typical cause of travel visa refusal is failing to show your financial capacity throughout your stay in the United States. The government will want to make sure you have enough money to pay all of your travel expenses, including flights, lodging, and any other fees that may occur. Gathering solid supporting documents, such as salary receipts, proof of assets, and more, can help you avoid being denied based on a lack of financial evidence. 

Unclear Purpose of Travel

Your reason for visiting a foreign country is most likely the most significant aspect of the visa application process. The visa officers will delve more into the reasons for your trip, and as a result, you must have a compelling cause to support your journey. It would also be preferable if you could provide documentation confirming your trip intentions. For example, if you travel to the United States for higher education, you must show the officials your acceptance letter as confirmation of your desire to travel. However, if your reasons or the documents you submit are ambiguous, the visa will be denied. In the event that you are currently applying for any visa category, whether non-immigrant or immigrant, I recommend you seek the opinion of a professional Immigration attorney in Jamaica who specializes in U.S. immigration law.

Passport Issues

A passport is a required document while traveling to another country, and as such, if you have not received your passport, your visa application will be denied. In addition, visa rejection occurs if your passport has expired or is about to expire.
If the pages of your passport are filled and you do not have a fresh copy of the book, your visa application will be rejected. Some countries will not accept passports that are less than six months before expiration, and as a result, you must examine the requirements provided by the country to which you intend to go.

Application Timings

The time of your visa application must be carefully planned, as there are several types of visas, each with its own processing period. As a result, you should plan ahead and apply for a visa at least 45 days before your trip. However, if you apply for a visa only a few days before your trip, you will almost certainly be denied. You must fill out the form and apply 30 days before your trip date. You may also contact a immigration attorney in  South Jamaica who can explain the duration of the visa application process and when you should apply.

 Insufficient Funds

Traveling to a distant country requires a significant investment; thus, financial stability and availability to cover the trip’s expenditures are required. Different countries have different predefined thresholds, and these thresholds vary depending on your purpose of travel. However, if these funds are not available in your bank account, your visa application will be denied.
As a result, you must set aside cash in your bank account to cover the necessary travel expenses.

Crime History

The process for applying for a visa may be greatly affected by your past; if you have a criminal record, your visa will be denied. Before issuing the visa, the authorities in charge of the application process do a comprehensive background check. Therefore, regardless of the severity, you should try to avoid committing any kind of crime.

The Credibility of the Sponsor

A lot of travelers need a sponsor to pay for their journey, and these sponsors are often wealthy individuals who have the resources to cover the expense of the journey for any additional dependents. Before processing the visa application, the embassy may investigate the applicant’s uncertainty.

When verifying your visa, the authorities will look up the following details about your sponsor: 

  • The legal status of the person.
  • The annual income, along with the source of income.
  • The taxes paid by the person.

 Contact an Experienced Immigration attorney in Jamaica 

A good immigration lawyer knows what you need, what you don’t need, and how to best navigate the system of US Immigration. They will ensure that your case is presented in the best possible light and that your supporting documents are in order. Most individuals believe they can navigate the complex immigration system without professional help, but this is often not the case. An experienced immigration attorney in Jamaica can help you with every step of the process, from filling out paperwork to appearing in front of a judge. Feel free to contact our offices for a  free personal consultation to learn how we can help you with your application.

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US Department of State Release May 2023 VISA Bulletin

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The US Department of State has published the May 2023 Visa Bulletin, which establishes the priority date cutoffs for each country, regulating the availability of immigrant visas and the processing of adjustment of status and consular immigrant visa applications.

In May 2023, the US Citizenship and Immigration Services will make use of the chart listing the final action dates for employment-based adjustment of status applications. The EB-2 and EB-3 categories for All Chargeability Areas, Mexico, and the Philippines have significantly regressed, while the Other Workers and China EB-3 categories have advanced.

What Does the Bulletin Say?

The bulletin consists of two charts: the Dates for Filing Visa Applications and the Application Final Action Dates. The former indicates when intending immigrants can file their applications for adjustment of status or immigrant visas, while the latter shows when adjustment of status or immigrant visa applications can be approved, leading to permanent residence.

“Final Action Date” is the date when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.

“Date for Filing Application” is when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.

“Priority Date” is the date that USCIS received your I-130 petition. It represents your place in the line of people waiting for green cards to become available, as shown in the monthly visa bulletin.

 

Final Action Cutoff Dates for Employment-Based Preference Category

For individuals seeking to file an EB adjustment application in May 2023, their priority date must be earlier than the dates mentioned below, depending on their preference category and country of origin. A category marked with “C” is considered current, allowing applicants to file regardless of their priority date. However, if a category has a specific date listed, only applicants with a priority date earlier than the given date are eligible to file their applications.

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Source: U.S. Department of State, May 2023 Visa Bulletin

EMPLOYMENT-BASED FIRST PREFERENCE (EB-1)

As stated in the April 2023 visa bulletin, the cutoff date for Employment-Based First Preference (EB-1) will stay the same for all categories. This suggests that EB-1 applicants from China and India with priority dates before February 1, 2022, but have not yet submitted their I-485 petitions, may do so. All other EB-1 categories, however, are currently (C) and do not have any deadlines.

EMPLOYMENT-BASED SECOND PREFERENCE (EB-2)

The EB-2 application deadline for applicants from All Chargeable Areas, Mexico, and the Philippines has been pushed out to February 15, 2022, a four-and-a-half-month delay. Because of this, individuals from these regions who have not yet submitted their I-485 petitions to the USCIS and have a priority date prior to February 15, 2022, may do so.

With the EB-2 cutoff date for China remaining on June 8, 2019, those Chinese EB-2 applicants who have a priority date earlier than this date and have not yet submitted their I-485 forms with the USCIS are still eligible to do so.

The EB-2 cutoff date for India will likewise remain the same on January 1, 2011, allowing Indian EB-2 candidates having a priority date before this date and who have not filed their applications to do so.

EMPLOYMENT-BASED THIRD PREFERENCE (EB-3)

Effective immediately, there will be some changes to the cutoff dates for the Employment-Based Third Preference (EB-3) visa category. For applicants who are chargeable to All Chargeable Areas, Mexico, and the Philippines, the cutoff date will retrogress from the current date to June 1, 2022. This means that those with priority dates before June 1, 2022, who haven’t filed their I-485 applications yet, can now do so with the USCIS.

On the other hand, the cutoff date for China will be moved up to April 1, 2019, by five months. As a result, Chinese EB-3 candidates with priority dates before April 1, 2019, can now submit their I-485 applications to the USCIS.

Finally, the EB-3 cutoff date for India will remain unchanged on June 15, 2012. This means that Indian applicants in the EB-3 category, with priority dates before June 15, 2012, can file their I-485 applications with the USCIS.

 

OTHER WORKERS

The cutoff date for Other Workers in All Chargeability Areas, Mexico, and the Philippines will continue to be January 1, 2020. This indicates that applicants for Other Workers from these regions who have not yet submitted an I-485 application and whose priority date is before January 1, 2020, may do so with the USCIS.

The deadline for Other Workers in China will be moved up to April 15, 2015, by 6.5 months. As a result, Chinese citizens who wish to apply as Other Workers and whose I-485 petitions have not yet been submitted, and whose priority dates fall before April 15, 2015, may do so with the USCIS.

The deadline for Other Workers in India remains June 15, 2012. This implies that applicants from India, whose priority dates fall before June 15, 2012, are eligible to submit their I-485 applications to the USCIS, provided they haven’t done so already.

 

Key Takeaways

  • According to US Citizenship and Immigration Services (USCIS), it will use the final action dates chart mentioned above to determine eligibility for filing I-485 adjustment of status applications for May 2023 (rather than the dates for filing chart).
  •  The Department of State and USCIS has taken these measures in response to the continued high demand for green card applications in the EB-2 and EB-3 categories for the majority of countries, including the rest of the world, as described above, as well as the fact that there are fewer of them available this fiscal year compared to fiscal years 2021 and 2022.
  • In the upcoming months, the Department of State will continue to assess the demand for visa applications and make additional modifications.
  • Future retrogressions for EB-1 India and China have been anticipated in the coming months also, as well as EB-2 and EB-5 India as early as June.

What’s at Stake

Monitoring recent changes (and expected upcoming developments) in the Visa Bulletin is crucial if you’re waiting for a green card. It’s always a good idea to gather all the paperwork you’ll need in advance for your green card application so that you’ll be prepared to submit it as soon as the Visa Bulletin indicates that a green card is available to you. If you wait until a month after a green card becomes available to submit your application, you run the danger of receiving a surprise retrogression (“retrogression”) in the ensuing Visa Bulletin, which would end your window of opportunity for submitting a green card application.

Watch for the update next month! As always, we’ll let you know about all the significant changes.

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U.S. Restores Path to Green Card for some TPS Holders

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In this post, we’ll share some fantastic news with you regarding Somalian nationals under Temporary Protected Status (TPS) in the United States. The Biden administration has decided to extend Temporary Protected Status for Somali nationals now receiving protection under the program for an additional 18 months, from March 18, 2023, through September 17, 2024. A notice has been issued in the Federal Register with instructions on how to apply for TPS under Somalia’s designation. The main advantage of applying for TPS protections is that those who are approved can stay in the country legally, will be protected from deportation (deferred status), and will be able to apply for employment authorization and travel permission by filing Form I-765 Application for Employment Authorization and Form I-131 Application for Travel Document with the United States Citizenship and Immigration Services (USCIS). Somalia’s registration period began on Monday, March 13, 2023, and will finish on May 9, 2023.

Extension of Designation of Somalia for TPS

On January 12, 2023, Secretary of Homeland Security Alejandro Mayorkas announced an 18-month extension and re-designation of Somalia’s Temporary Protected Status (TPS). This extension and re-designation will last 18 months, from March 18, 2023, to September 17, 2024.

Secretary Mayorkas made this decision after consultations with government authorities and taking into consideration Somalia’s protracted armed conflict, natural disasters, disease outbreaks, and escalating humanitarian crises. The need to prolong the designation of Somalia’s TPS is due to the country’s continued exposure to terrorism, violent crime, civil unrest, and clashes between clan militias.

The extension of TPS for Somalia allows about 430 existing beneficiaries to keep their status until September 17, 2024, providing they re-register and continue to fulfill TPS eligibility requirements. The redesignation of Somalia for TPS permits an estimated 2,200 additional Somali nationals (or individuals of no nationality who last habitually resided in Somalia) who have continuously resided in the United States since January 11, 2023, and have been continuously physically present in the United States since March 18, 2023, to file initial applications to obtain TPS if they are otherwise eligible. Only those who previously applied for and were granted TPS under Somalia’s earlier classification are eligible to re-register. To guarantee their TPS and work authorizations, current TPS beneficiaries for Somalia must re-register within the allotted 60 days from March 13, 2023, through May 9, 2023. Searching for TPS Lawyers near me is a means of getting legal assistance for you or your loved ones while appealing an unfavorable decision on your TPS designation. 

DHS acknowledges that not all re-registrants will acquire a new Employment Authorization Document (EAD) before their existing EAD expires and is automatically extending the validity of some EADs previously issued under Somalia’s TPS designation to March 17, 2024. If you need help re-registering your EAD, our TPS Attorney Queens are willing to assist with seeking a work authorization or permission to travel abroad.

 Pending Applications under Somalia’s previous TPS Designation
USCIS will continue to process pending applications filed under Somalia’s previous TPS designation. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, as of March 13, 2023, do not need to file either application again. If the USCIS approves a pending Form I-821 or Form I-765 filed under the former TPS designation for Somalia, the individual will be granted TPS until September 17, 2024, and issue an EAD in effect until the same date.

 In accordance with the designation of Somalia, eligible individuals who do not have TPS may apply for it by submitting a Form I-821, Application for Temporary Protected Status, during the initial registration period, which runs from March 13, 2023, through September 17, 2024. In addition, applicants may apply for TPS-related EADs and travel authorization. They may also request an EAD by submitting a completed Form I-765, Application for Employment Authorization, together with their Form I-821 or at a later date separately. 

The eligibility requirements, deadlines, and processes required for current beneficiaries to re-register and renew EADs, as well as for new applicants to submit an initial application under the redesignation and apply for an EAD, are laid out in the Federal Register notice. The eligibility requirements, deadlines, and processes required for current beneficiaries to re-register and renew EADs, as well as for new applicants to submit an initial application under the redesignation and apply for an EAD, are laid out in the Federal Register notice. If you were late to file an initial TPS application, a TPS Attorney Queens can help you file your re-registration application in order to remain in the country after your TPS designation ends.

Additional Information

According to DHS, the decision to extend TPS for Somali nationals was taken owing to a longstanding conflict as well as natural disasters and disease outbreaks. The extension and redesignation allow additional qualified Somali citizens to apply for TPS and EADs. More information will be provided by any TPS Lawyers near me as soon as it becomes available.

Insights from Gehi & Associates

Currently, the following countries are designated for TPS: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.

Gehi & Associates provides proactive, creative, and pragmatic solutions that address today’s most challenging legal issues. While one may not be aware of all the countries that are designated for TPS re-registration, our TPS Attorney Queens are available to assist you with a comprehensive evaluation of your immigration situation and options as well as represent your interests, whether you need help with getting an employment-based visa or bringing a loved one to the U.S.

Contact Us

For more information about applying for TPS, to explore your options for staying in the U.S. after your temporary protected status expires, and to learn more about TPS or other immigration services we can provide for you, contact us today to schedule a FREE consultation.