Immigration

The process of sponsoring a sibling takes approximately 14-16 years from the time of filing. This is so because the Congress has set limitations on the number of immigrant visas issued for siblings of US citizens. As such, there is a que of approximately 14+ years for the visa numbers to become available. There is no expedite process available in that que. The date when your brother will be eligible is strictly controlled by the date you filed the petition; that date is known as “priority date”.

You must show that despite your lengthy absence you did not abandon your intent to live in the US. To provide that you did not abandon your permanent residency in the US, you must show close ties to the US. You can use evidence such as:

• Property ownership in US

• Car registration in US

• Active Bank account in US

• Living arrangements that you maintained during absence

• Any temporary arrangements you may have made during your planned absence. For example, you may have placed your belongings in storage for some time.

• Affidavits from family and friends confirming your trip was temporary even though it lasted so long

• Tax returns for all years of your permanent residency

• Store cards, credit cards etc.

• Any other evidence of maintaining life and ties in the US

If you are a US citizen, you can sponsor your mother’s immigration process by filing a petition with the USCIS and going through the consular processing of her immigrant visa. That process consists of 3 parts – (1) USCIS Processing; (2) NVC Processing; (3) Consulate Interview. Altogether, it currently takes approximately 10-12 months until your mother can enter the US as a permanent resident. However, there is an expedite process. One of the official USCIS criterion for expedite service is “Urgent Humanitarian Reasons.” A serious health issue may qualify as an “Urgent Humanitarian Reason.”

Here is how USCIS’s expedite process works. First you need to file the I-130 petition for your mother. Once you receive the USCIS receipt, you should contact the USCIS and place the expedite request. If all of the forms and documents have been properly gathered and prepared, the USCIS will issue the receipt within 2-3 weeks. Sometimes, as of the date of this post, due to Covid-19 issues, the USCIS takes 1-2 months to issue the receipt. Once you get the receipt, you should call the USCIS and place the expedite request by phone. Be prepared to provide the biographical information and explanation who your case should be expedited. Within 7-10 days of the call, the USCIS will send you a request to provide the documentation confirming /proving the reasons for the expedite request, i.e. medical records of your mother, affidavit from you, and possibly an affidavit from someone who provides care for your mother now. If USCIS approves the expedite request and all of the information and documents provided are in order, they will approve the I-130. There is no way to know how soon this will happen, but the expedited approval of I-130 typically takes 1-2 months altogether from the time of filing.

Once the USCIS approves the I-130, they will send the case to the National Visa Center (NVC). The NVC will contact you, the petitioned, via email with instructions and list of documents which you need to upload. It is a very time-consuming and strenuous process. The NVC will not automatically expedite the process. So, it is recommended that you prepare the same expedite request and, this time via email, send to the NVC. Once all required forms and documents are provided to the NVC, the NVC will send the case to the US consulate, which will schedule the interview for your mother. The NVC will send you a notice of the interview date at the US consulate. Once your mother passes through the interview, she will get a 6-months immigrant visa which will enable her to enter the US. Once she enters the US, she will become a permanent resident. The green-card will arrive in the mail within 2-3 weeks; sometimes more.

Even with the expedite request, this whole process may take 6 months or more; especially now when the USCIS and consulates are overwhelmed and backlogged. Therefore, it is also worth to explore the option of Humanitarian Parole, which may bring your mother into the US much faster. You can file the Humanitarian Parole request at the same time as the regular I-130 petition and NVC consular processing is pending. Those two processes do not conflict with one another. If the Humanitarian Parole is granted, then your mother can come to the US much faster for treatment and then adjust status in the US.

We hope this information helps you. For any additional questions, you can contact our firm using this link: https://islawfirm.com/contact-us/. You can also schedule a telephone or online consultation directly with our immigration attorney using this link: https://islawfirm.cliogrow.com/book/_yY4wWZeNiNPZhpExMe6cQ.

1) How do I go about changing my status from Au Pair J-1 to F-1? You must apply to USCIS by completing necessary forms and providing required documentation. The applicant must demonstrate that she is intended to study in the US, she has no immigrant intent, she will not violate her status or work without authorization, she intends to return to her home country after completion of her studies, and that she has sufficient financial means or support to pay for her tuition and living expenses. The process may also require additional change of status to B-2 visitor and one or two consecutive extensions to bridge the gap between the J-1 status and F-1 status.

2) Should I enroll in college classes now? Yes, you should find a suitable program and get enrolled now. As an Au Pair you are authorized, and actually required, to study in the US. After you enroll, you can also apply for the change of status. The USCIS processing of change of status takes significant time. Therefore, it is recommended to start sooner than later.

3) Does your law firm help with necessary paperwork to secure the F-1 visa status? Of course. That’s what we do. We prepare all forms and documents. We file the package with the USCIS and communicate with the government of your behalf. We receive notices and notify you of the important updates. In other words, we hold your hand and walk through the entire process, from start to finish. You can contact us by calling 703-527-1779 or email law@islawfirm.com.

If you divorce the principal asylum applicant while the asylum application is pending you will lose your derivative eligibility for asylum. This is true even if you divorce after the approval of asylum but before you adjust your status to that of a permanent resident. This means that you must either depart from the U.S., apply for another status, or apply for asylum on your own independent basis.

I am a lawful permanent resident of the United States. I got my immigrant visa through the US Embassy in Afghanistan. Before coming to the United States, I have served for the U.S. military in Afghanistan for 2 years. Do I have to register with the Selective Service under these circumstances if I am under 26?

If you join the military after you turned 18 and leave the military before turning 26, and you are a lawful permanent resident of the United States under 26, you must register. You can fill out an application for registration with the Selective Service during your immigrant visa interview at the US Embassy in your country. Make sure you have confirmation of this registration. Another way of registration, when you are already in the United States as a lawful permanent resident is to apply for registration at a local post office or on the official website of the Selective Service System (https://www.sss.gov/). Through this website you can also find your registration with the Selective Service and read more detailed instructions on registration.

The ability to sponsor on I-864, Affidavit of Support is determined by the Petitioner’s current income. You can provide evidence showing your current income in the form of an employment letter on your employer’s letterhead attesting to your employment and salary and copies of your paystubs. If your current income is enough based on your household size, you do not need a Joint Sponsor.

It is important that you do not depart the U.S. without your travel authorization approved. Doing so will result in USCIS considering your application as abandoned and will deny it. If you have an emergent reason, you can contact the USCIS to ask them to expedite the processing of your document. There are two ways to do this 1. You can schedule an InfoPass appointment at your local USCIS office explaining the emergent reason. If the officer approves the request, they will stamp your passport allowing you to depart and return while your case is pending. 2. You can call the USCIS toll free number requesting an expedite. USCIS will then mail you a decision. With either of these options, USCIS will ask for proof of the emergent need to travel.

An Advisory Opinion, also known as “Consultation Letter,” is a letter from US peer group or labor or management organization regarding the nature of proposed work and how the O-1 beneficiary’s outstanding qualifications fits to that work. The advisory opinion should describe the beneficiary’s ability and achievements in the field of endeavor, describe the nature of the duties to be performed, and state whether the position requires the services of an alien of extraordinary ability, with details on how the assessment or evaluation was made. An advisory opinion must set forth a specific statement of facts which supports the conclusion reached in the opinion.

Answer: You will be out of status, but this will not be held against you during your adjustment of status. It should not affect your case because you were legally married during your 90 day status. However, until you file your adjustment of status application, you risk of being detained as unlawfully present, in which case, your adjustment of status process will take longer and cost more. Therefore, it is always recommended to begin the process within the 90 days period.

Answer: It depends upon your type of case. If you applied for any immigration benefit with US Citizenship and Immigration Services, your case will not likely be affected by any government shutdown. That is because USCIS accepts fees for their applications, therefore, they are not affected by a lapse in funding due to a shutdown. Immigration and Customs Enforcement operations also proceed as normal during a shutdown. While affirmative asylum cases also continue being processed during the shutdown, the defensive asylum cases in immigration courts get delayed. In fact, all non-detained cases in Immigration Courts are suspended during the government shutdown. The majority of Immigration Courts hearings during government shutdowns, with the exception of detained removal proceedings.

E-s visa applicants from Ukraine and other post-Soviet states frequently have difficulties with proving the source of income, because almost no one trusts banks or most individuals do not use bank accounts in Ukraine, Azerbaijan and other post-Soviet countries. Most transactions in those countries are made in cash due to the undeveloped and fragile banking system. Even if it is a sale of real estate, the initial transfer of funds occurs through a bank account, but then the seller immediately withdraws the funds and stores it in the form of cash. Income and taxes are very poorly documented. The good news is that the consulate there is aware of those conditions and is more liberal about tracking cash transaction. However, the USCIS here is not well aware of it and often denies change of status cases due to a lack of evidence proving source of funds invested. Therefore, I never recommend my clients from post-Soviet countries to file for change of status, and instead, advise them to go through the US consulate in their home country.

Additionally, the process through the consulate is more collaborative. If the consular officer is not satisfied with the evidence provided or has additional questions, you can go back and forth until the officer is satisfied. However, if you apply for change of status in the US, you do not get to communicate with the USCIS officer, other than responding to one dry request for evidence. If the USCIS officer makes an adverse decision, you are out of luck and run the risk of being deportable. Therefore, we always recommend to apply for E visa through the US consulate in the applicant’s home country.

Finally, applying for change of status inside the US is always a negative factor for your future visa applications through the consulate. The consulates are not happy when one enters the US with one type of visa and then changes it to another. Even if your change of status in the US is granted, you will still have to obtain the visa through the consulate whenever you decide to travel abroad. So, we recommend to apply from the consulate from the beginning and avoid dealing with the USCIS altogether.

Prior to every asylum interview, the USCIS asylum office obtains from the consulate copies of all your visa applications. The asylum officer will review the forms and information you provided during the consular process and compare it to the information you provided in the asylum application. If there are any inconsistencies or contradictions, the asylum officer during your asylum interview, must ask you questions about your visa application and give you a chance to explain.

If the asylum officer is satisfied that you had provided false information in your visa application because you had no other ways to escape the risk of harm or to avoid persecution in your home country, then USCIS will not likely deny your asylum case for this reason. According to the USCIS Asylum Officer’s Manual, the officers are instructed to not deny asylum applications solely based on the false information provided by the applicant during the consulate visa application or for gaining entry into the US. The officer is instructed to ask questions and to determine if the applicant lacks credibility. The key is to make sure to tell the truth when asked about the visa application. If you lied during your visa application, not everything is lost, and you may have an explanation. But if you continue lying at the interview, your asylum application will certainly be denied. In other words, when the officer asks you questions at the interview, you must come clean, give truthful information and honestly answer all questions at the asylum interview.

If you truthfully answer all questions at the asylum interview, your previous misrepresentations to the consulate, may be forgiven and become irrelevant. But your misrepresentations at the asylum interview or at the individual hearing will not be forgiven. The logic behind this is that, providing false information to flee the country due a risk of immediate harm, may be understandable. But providing false information to obtain asylum is not justifiable.

Depends. There are two different notions, lawful status and lawful presence. One may lose his status, but remain in the period of lawful presence. A simple example is when someone applies for a change of status or when someone applies for asylum. During the pendency of the case, the applicant does not have a status but is lawfully present.[1] If the change of status is denied, the unlawful presence begins to count. Why is it important to differentiate lawful status from lawful presence? – Because the applicability of 3 and 10 year bans under INA 212(a)(9)(B) and (C) depends on the length of unlawful presence, not unlawful status.

Under INA 212(a)(9)(B), also known as 3-year ban, a person who spends more than 180 days but less than 365 while unlawfully present, will be banned from returning into the United States for the next 3 years, after she leaves the United States. But if the person accumulates more than 365 days of unlawful presence (i.e. spends more than one year in the US while unlawfully present), then he or she will be banned from returning into the US for the next 10 years.[2] This includes even immigrant visa process (green-card process) through marriage to a US citizen.[3] The ban becomes effective when the unlawfully present person leaves the US.[4]

For example, if someone who entered the US on a tourist visa, applied for asylum and then got selected for DV-lottery (i.e. won green-card in a lottery) during the asylum process, she may be able to obtain her green-card through a US consulate abroad. Whether she will be banned from returning will depend on the number of days spent in the US in unlawful presence. B-2 visitor is usually granted 6 months of lawful status, which in this case also means 6 months of lawful presence. If she applied for asylum before her B-2 visitor status expired and did not work without authorization while her asylum application was pending, then she did not begin to accrue any unlawful presence for the purposes of 3-year or 10-year ban. As such, she may be able to obtain her green-card through a US consulate. She cannot adjuster her status in the US, despite having a pending asylum case, because she does not have a lawful status. But she can leave the US and get her green-card through a US consulate abroad. Doing so will require many calculations and preparations, including possibly having to withdraw asylum application or, in the best-case scenario, obtaining an advance parole, so as not to lose her pending asylum case.

In the case of B-1, B-2, H-1B, and many other visas, the alien begins accruing unlawful presence when they overstay the expiration date indicated in their I-94 arrival-departure document. The same date is also written by the CBP officer on the entry stamp in the alien’s passport, when she enters the US using one of those visas. This is the date by which the alien must leave the US or extend/change/adjust her status. However, in the case of F-1 and J-1 visas, the I-94 and the stamp in the passport do not contain a definite deadline by which the alien must leave the US. In such cases, the stamp shows “D/S”, which means duration of status. According to the USCIS’s policy, such individuals who have “D/S” instead of a definitive date in their I-94s, do not begin to accrue unlawful presence unless and until one of the following occurs: (a) she applied for change of status, which got denied; (b) she successfully changed her status to another status (e.g. J-1 to B-2), which had a definitive deadline to depart now expired; (c) the immigration judge ordered her removal. In all other circumstances, she continues to remain lawfully present in the US despite her previous status violations or overstay of her F-1 or J-1 visa.

As such, an individual who overstays an F-1 or J-1 status, does not automatically begin to accrue unlawful presence for the purposes of 3-year or 10-year ban under INA 212(a)(9)(B) and (C).

[1] Note that in the case of pending asylum, if the applicant works before obtaining the work permit, the applicant begins accruing unlawful presence.

[2] INA 212(a)(9)(C)

[3] The ban applies to all forms of immigration, including non-immigrant and immigrant visas and marriage-based green-card process through US consulates.

[4] Except in the case of an advance parole. See Matter of Arrabally, 25 I&N Dec. 771 (BIA 2012).

Not every arrest or charge will make you ineligible for citizenship. First, you must understand that being charged is not the same as being convicted. Only the crimes for which you were convicted or plead guilty will affect your eligibility for citizenship. But, let’s assume that you were convicted of DUI. How will it affect your citizenship case? the short answer is that, if you had only one DUI, luckily, you will still be eligible for citizenship, if you properly disclose the incident and provide proper records. If you have been convicted of multiple DUIs or DWIs or other misdemeanors, the answer depends on the circumstances of your case. If you have any charges or convictions, before filing for citizenship you definitely must consult with a qualified immigration lawyer. Even if you do not end up hiring a lawyer for the process, at least get a detailed consultation.

You are not automatically ineligible for citizenship, however, one of the important factors of obtaining approval for citizenship is displaying “good moral character.” One of the ways good moral character is determined is by paying taxes each year you were required to do so. Therefore, it is strongly advised to seek a tax expert to file your back taxes before applying for citizenship. This shows USCIS that you have continued efforts to display good moral character. If you owe back taxes, you can enter into a payment plan with IRS and show proof of such payment plan to the USCIS.

Your qualifications to be exempt are dependent upon your situation. If you are in good health, you cannot be exempt from the civics exam. However, you can be exempt from the English language exam if you are 50 or older and have been a permanent resident for 20 years, or if you are 55 or older and have been a permanent resident for 15 years. If this is the case, your civics exam will be given in your native language. Now, if you have a medical disability in addition to your elderly age, you may be exempt from both exams if you can prove you are unable to comply. To do so, you must submit Form N-648, Medical Certification for Disability Exceptions. This form is completed by a medical professional and USCIS will determine if you can be exempt.

The decision of when to file for a legal name change is ultimately up to you. There is a question on the naturalization application asking if you would like to change your name. You may do so this way, however, there is a slight chance it will take longer for you to receive your approved citizenship due to the fact that since you are also changing your name, your Oath Ceremony must be done in court, as opposed to any of the other locations also used for Oath Ceremonies. It is not guaranteed to cause a delay, but there is the slight chance as it is dependent upon the availability in your jurisdiction. You can also make the request at the interview, or after your Oath Ceremony. However, if you wait until after you are naturalized and then want to change your name on your Certificate of Naturalization, there will be additional fees to do so.

If you did not register because you were unaware of the requirement, or were made aware after you passed the age to register, you can submit an affidavit along with your application explaining the reason why you did not. You should also obtain a Status Information Letter from the Selective Service stating that you are over the age and are no longer required to register. You can do so by calling their hotline or filling out the application on the Selective Service System website.

If you applied on the basis of an Immigrant Visa to enter the United States, you do not need to adjust your status. As long as you pay the USCIS Immigrant Fee, preferably before entering the United States, the green card will be created and automatically mailed to the address previously listed on your application. If for any reason you do not receive the card 30 days after entering, you can contact our firm or follow up with USCIS on the status of the card.

Currently (as of February 2017) the USCIS processing times for I-751’s is 11 months and sometimes more. However, that typically fluctuates and can cause your application to be pending for over one year. You will not fall out of status even if USCIS is continuing to process your case past the one year extension. But to provide proof that your application is still pending and you are not out of status, you can attend an InfoPass appointment at your local USCIS office, where the USCIS officer can stamp your passport to show you are still in status. If your application falls outside the normal processing time, you can also call the USCIS main phone number and submit a case inquiry for them to check on the status of your case or place a service request.

The revocation or cancellation of your visa does not revoke your status. Visa and status are two different things. Your status continues until the date stamped in your passport when you entered. After you enter the United States, the duration of your visa in the passport does not affect the duration of your authorized stay. Even if your visa expires, you can stay in the US as long as it is shown on your Form I-94 and stamped by CBP officer upon your entry. So, to answer your question, as long as you leave before the status expires, you will not be violating your status.

Now the issue you have is that, for some reason, the consulate is unhappy about your trip to the United States. Therefore, they are cancelling your tourist or visitor visa (B-1 / B-2). This usually happens when the consulate determines some negative or inconsistent information about you, your application, or your trip. For example, if during your visa interview or in your visa application you informed the consulate that you are planning to visit the US for a period of 2 weeks. Subsequently, after you enter the country, you spend several months here. If the consulate finds out, they will be upset and may decide to cancel your visa. Even if the consulate does not find out about the inconsistency in the intended length of your visit at this point, they will do so when you apply for a new visa and, in will probably deny your new visa at that time.

Therefore, it is important to provide truthful and detailed information to the consulate about your intended trip. It also goes without saying that you must truthfully answer all other questions in the visa application. The same issue comes up often when the applicants do not provide information about their relatives in the US. When the consulate finds out, they get furious and often cancel visas. Finally, please note that, often consulates keep a close watch after the first-time visitors. This means that, for example, the consulate issues a visa to the first-time applicant, and then observes that applicant’s behavior and actions in the US. They can even follow your social media profiles for any photographs or other evidence of inconsistency with the stated purpose of your visit.

There is not the exact amount limit as a minimum or maximum for E-2 investment. The law requires that the investment be “substantial.” Typically, an investment of $100,000 or more satisfies the substantiality test. The important factor for E-2 investment is proportionality – the amount you invest should be proportionate to business you do. In other words, you must invest sufficient amount to ensure that the business operation will be successfully fulfilled. While making the decision, the USCIS considers substantiality of E-2 visa investment, which means the nature of the business and amount of the investment should be proportionate. Additionally, the higher investment amount makes it easier to obtain the E-2 visa.

A United States Citizen or Permanent Resident may file a petition for an immediate relative while living abroad. However, they must be able to prove to the National Visa Center and the selected Embassy that they are still domiciled in the United States. This means that they must show that their time abroad is only temporary, and they will be returning to the United States before or upon the approval of the petition for their relative. Evidence must be provided to prove the Petitioner’s U.S. domicile. Examples of such evidence include maintaining a U.S. residence (mortgage statements, lease agreements, etc.), a job offer from a U.S. based employer, maintaining of U.S. bank accounts and other types of evidence.

NOTICE: The information contained on this site is intended to educate the general public and not to provide legal advice. To obtain proper legal assistance, please contact a qualified attorney.

Yes, the processing times for I-751’s have been gradually increasing, to the point that they may still be pending once you become eligible to apply for Naturalization. USCIS allows Applicants to have both I-751’s and N-400’s pending at the same time. NOTICE: The information contained on this site is intended to educate the general public and not to provide legal advice. To obtain proper legal assistance, please contact a qualified attorney.

Yes, because sponsorship is determined by the expected income of the current year (as opposed to the income on the previous year’s tax return) disability, workman’s compensation and Social Security can all be used to qualify to sponsor an immigrant. Even if the income is not taxable (i.e. disability), you can still show the evidence of the income with multiple pay stubs and checks issued to you that verify how much you earn in disability each month.

The toughest part of E-2 cases from Azerbaijan is proving the source of income, because almost no one trusts banks or most individuals do not use bank accounts in Azerbaijan. Most transactions in Azerbaijan are made in cash. Even if it is a sale of real estate, the initial transfer of funds occurs through a bank account, but then the seller immediately withdraws the funds and stores it in the form of cash. Income and taxes are very poorly documented. The good news is that the consulate there is aware of those conditions. However, the USCIS here is not well aware of it and often denies change of status cases due to a lack of evidence proving source of funds invested. Therefore, I never recommend my clients from Azerbaijan to file for change of status, and instead, advise them to go through the US consulate in Baku. The consulate in Baku likes to receive copies of the supporting documents two weeks prior to the visa interview. Best of luck!