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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.

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Navigating the Asylum Process: Why You Need an Experienced Asylum Lawyer in Jackson Heights

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If you are seeking asylum in the United States, you are likely facing a very difficult and uncertain situation. Applying for asylum can be a complicated and stressful process, and it can be especially difficult if you are unfamiliar with the legal system in the U.S. That’s why it’s so important to work with an experienced asylum lawyer in Jackson Heights who can guide you through the process and help you navigate the many challenges you may face.

 

Here are some of the reasons why you need an experienced asylum lawyer in Jackson Heights:

 

Understanding the Asylum Process: Applying for asylum can be a complex process that requires a thorough understanding of U.S. immigration law. An experienced asylum lawyer in Jackson Heights will be familiar with the intricacies of the asylum process and can help you navigate the system with confidence.

 

Knowledge of Relevant Laws and Regulations: In addition to understanding the asylum process, an experienced asylum lawyer in Jackson Heights will have a deep knowledge of the relevant laws and regulations that apply to your case. This can be crucial in helping you build a strong case for asylum and presenting your case effectively to immigration officials.

 

Communication with Immigration Officials: Communication with immigration officials can be a significant challenge for asylum seekers. An experienced asylum lawyer in Jackson Heights will have the skills and experience to communicate effectively with immigration officials on your behalf, ensuring that your case is presented in the best possible light.

 

Access to Resources and Support: Asylum seekers may face a range of challenges, from finding housing to accessing medical care. An experienced asylum lawyer in Jackson Heights will have access to a range of resources and support networks that can help you navigate these challenges and build a strong foundation for your new life in the United States.

 

At Gehi & Associates, we understand the challenges that asylum seekers face, and we are committed to providing compassionate and effective legal representation to individuals seeking asylum in the U.S. Our team of experienced asylum lawyers in Jackson Heights has a deep understanding of U.S. immigration law and can help you navigate the asylum process with confidence and ease.

 

If you are seeking asylum in the United States, don’t go it alone. Contact Gehi & Associates today to schedule a free consultation with an experienced asylum lawyer in Jackson Heights. We are here to help you navigate the complexities of the asylum process and build a brighter future for yourself and your loved ones.

 

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Top Qualities to Look for in an Asylum Attorney in Jamaica

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As an asylum seeker in Jamaica, the process of seeking protection and applying for asylum can be daunting, complex, and emotional. However, having a competent and experienced asylum attorney by your side can make all the difference in the outcome of your case. With so many asylum attorneys in Jamaica, how do you know which one to choose? In this article, we’ll discuss the top qualities to look for in an asylum attorney in Jamaica.

 

Experience: When looking for an asylum attorney, it’s essential to find someone with experience in handling asylum cases. An experienced attorney will have a thorough understanding of the asylum process, the necessary documentation required, and the legal procedures involved in representing clients in their asylum case.

 

Knowledge of Immigration Law: Immigration law is complex and constantly changing. An excellent asylum attorney should be well-versed in immigration law and able to interpret and apply it to your case. This knowledge will help them anticipate potential challenges and identify the best course of action to take in your case.

 

Compassion: As an asylum seeker, you’re likely going through a difficult time in your life. An excellent asylum attorney should have compassion and empathy for your situation. They should be able to understand the emotional strain you’re experiencing and provide you with the support and guidance you need throughout the asylum process.

 

Communication Skills: Communication is key in any legal matter, and an asylum case is no exception. A good asylum attorney should be an excellent communicator, able to explain legal concepts and processes to you in a way that you can understand. They should also keep you informed about the progress of your case and respond to your inquiries promptly.

 

Attention to Detail: Asylum cases involve a lot of documentation and evidence. An excellent asylum attorney should have an eye for detail and be able to identify inconsistencies or issues that could jeopardize your case. They should also be thorough in preparing your case and ensure that all required documents are filed on time and accurately.

 

Availability: An asylum case can be time-consuming and requires a lot of work. An excellent asylum attorney should be available and accessible to you when you need them. They should also have a team of staff members who can assist with your case when they’re not available.

 

At Gehi & Associates, we understand the complexities of asylum cases and the importance of having an experienced and compassionate asylum attorney by your side. Our team of attorneys has a proven track record of success in handling asylum cases, and we’re committed to providing our clients with the best legal representation possible. Contact us today for a free consultation to discuss your asylum case.

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How to Find the Best Asylum Lawyer for Your Case – Free Consultation

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Asylum seekers often face challenging legal processes when trying to gain protection in the United States. In such situations, the assistance of an experienced asylum lawyer can be invaluable. Finding the right lawyer for your case is crucial to ensure a successful outcome. Here are some tips to help you find the best asylum lawyer for your case and why a free consultation is important.

 

Importance of a Free Consultation

 

A free consultation with an asylum lawyer is an opportunity to discuss your case in detail and determine if the lawyer is a good fit for you. It also provides an opportunity to ask any questions you may have about the lawyer’s experience, approach to your case, and fees. You can also assess the lawyer’s communication skills, responsiveness, and professionalism during the consultation. A free consultation can help you make an informed decision about whether to hire the lawyer or not.

 

Finding the Best Asylum Lawyer

 

When searching for an asylum lawyer, there are a few key factors to consider:

 

Experience: Look for a lawyer with experience handling asylum cases. A lawyer who has successfully handled similar cases in the past is more likely to achieve a positive outcome for your case.

 

Reputation: Look for a lawyer with a good reputation in the legal community. You can ask for referrals from other lawyers, immigration organizations, or friends who have gone through a similar process.

 

Knowledge of Asylum Law: Asylum law is complex and constantly changing. Look for a lawyer who is up-to-date on the latest legal developments and understands the nuances of asylum law.

 

Communication: Choose a lawyer who communicates effectively and is willing to answer your questions. You should feel comfortable discussing your case with your lawyer and have confidence in their ability to represent you.

 

Fees: Ask about the lawyer’s fees and what services are included. Some lawyers may offer a flat fee for their services, while others charge by the hour. Make sure you understand the fees and what you will be paying for.

 

Once you have identified potential lawyers, schedule a free consultation with each of them to discuss your case and determine which lawyer is the best fit for you.

 

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How an Asylum Attorney in Queens Can Help You Navigate the Immigration Process  

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If you or a loved one is seeking asylum in Queens, it’s important to have an experienced asylum attorney on your side. Navigating the complex immigration process can be overwhelming, but a skilled asylum attorney can provide invaluable legal guidance and support. In this post, we’ll explore the ways in which an asylum attorney in Queens can assist you in your pursuit of asylum.

 

Understand your legal rights: An asylum attorney can help you understand your legal rights and eligibility for asylum. They can guide you through the complex application process, ensuring that all necessary documentation is submitted accurately and on time.

 

Advocate for your case: An asylum attorney can represent you in court and advocate for your case before the Immigration Judge. They can prepare you for hearings, gather supporting evidence and expert witnesses, and provide legal arguments that support your case.

 

Handle appeals and reviews: If your asylum application is denied, an experienced asylum attorney can help you appeal the decision or request a review. They can review your case, identify weaknesses, and develop a strong legal argument to overturn the decision.

 

Provide emotional support: The asylum process can be stressful and emotionally taxing. An asylum attorney can provide emotional support and guidance, helping you navigate the challenges that arise during the process.

 

In conclusion, hiring an asylum attorney in Queens is a critical step in pursuing asylum in the United States. They can provide valuable legal guidance, advocacy, and emotional support throughout the process. If you’re looking for a reliable asylum attorney in Queens, Gehi & Associates can help. With years of experience and a track record of success, our attorneys can guide you through the asylum process and help you achieve your goals. Contact us today to schedule a consultation.

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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.