Green Card (Family Based, Employment based, marriage cases)
Tuesday, November 8, 2016
Most Americans take it for granted that marriage to a U.S. citizen and other family relationships entitle an immigrant to permanent residence (a green card), but there are barriers that often prevent or delay these family members from becoming lawful permanent residents, even if they are already in the United States. Among these barriers are the “three- and ten-year bars,” provisions of the law which prohibit applicants from returning to the United States if they depart after having previously been in the country illegally.Read more . . .
Wednesday, November 25, 2015
In August 2015, we had indicated through one of our Articles, KEEP HOPES ALIVE: EADS & ACCEPTING JOB PROMOTIONS AFTER AN I-140 APPROVAL IS SOON GOING TO BE A REALITY, that the Department of Homeland Security (DHS) is working on a proposed rule that will allow certain Beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) to obtain an Employment Authorization Document (EAD), and also permit them to engage in natural career advancements by accepting job promotions. We had also projected that the proposed rule, or Notice of Proposed Rule Making (NPRM) was likely to be released during the First Quarter of DHS’ New Fiscal Year, which commenced on October 1st, 2015.Read more . . .
Wednesday, October 28, 2015
•The First condition for a waiver is that marriage was in “good faith”
•Good Faith marriage means that it’s a real marriage and not a marriage that was entered into for the purposes of procuring an immigration benefit.
• The way to prove good faith marriage is to show evidence and paperwork that the couple is together.
•What the United States Citizenship and Immigration Services (USCIS) focuses on is an intent to build a life together, best demonstrated by merging of financial assets and children of the marriage
•As part of the “good faith” evidence applicants should include affidavits from people who knew the couple, as well as pictures, letters, etc. that would prove the couple was actually married in good faithRead more . . .
Friday, September 18, 2015
El Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS), en coordinación con el Departamento de Estado (DOS), ha revisado los procedimientos para determinar la disponibilidad de visas para los solicitantes que se encuentran en espera para solicitar el ajuste de estatus basado en empleo o familia. El proceso revisado se alineará mejor con los procedimientos que el DOS utiliza para los extranjeros que buscan convertirse en residentes permanentes de los Estados Unidos mediante la solicitud de visas de inmigrante en los consulados y embajadas de Estados Unidos en el extranjero.Read more . . .
Thursday, September 10, 2015
United States Citizenship and Immigration Services (USCIS), in coordination with the Department of State (DOS), has revised the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.Read more . . .
Thursday, September 3, 2015
Reconociendo la necesidad de las empresas de los Estados Unidos en contratar y retener a los trabajadores estadounidenses nacidos en el extranjero altamente cualificados, sobre todo de la India y China, que permanecen atrapados en la misma empresa durante años con el fin de obtener una tarjeta de residencia basada en el empleo (tarjeta verde o “green card”), el Departamento de Seguridad de Estado (DHS) está trabajando en una propuesta de norma que permitirá a determinados beneficiarios de una Petición de Inmigrante para Trabajadores Extranjeros (Formulario I-140) que ya esté aprobada, para obtener un Documento de Autorización de Empleo (EAD), y participar en avances en las ciencias naturales. Se espera que el DHS publique la regla propuesta durante el primer trimestre del nuevo año fiscal que comienza el 1 de octubre de 2015.Read more . . .
Monday, June 29, 2015
EB-4: Special Immigrants & Religious Workers Basics:
- Cap of 5,000 workers (non-minister religious worker)/No cap for ministers.
- I-360 Petition (self-petition or through an employer)
EB-5 The Three Basic Elements:
- Member of religious denomination having a bona fide, nonprofit, religious organization in the U.S for at least 2 years immediately preceding petition filing.
- Immigrant’s investment of Capital
Read more . . .
- In a New Commercial Enterprise (NCE)
Wednesday, January 8, 2014
The "Green Card" is the permanent resident card that is issued to a foreign national who has immigrated permanently to the United States. As many foreign nationals think, immigrating to America and getting a Green Card to remain permanently in the country is not an easy task. The United States welcomes foreign nationals but at the same time it focuses on lawful immigration. And so, it issues Green Cards to foreign nationals as a proof of their legal immigration status in the United States.Read more . . .
Monday, October 28, 2013
The validity of a marriage under the U.S. immigration laws frequently determines whether a foreign national may be able to obtain a family-based immigrant or nonimmigrant visa, legalize unlawful status, or file waiver of inadmissibility or deportability. The Immigration and Nationality Act (INA), the basic body of U.S. immigration laws, does not define the term "marriage". Although INA defines the term "spouse", it limits the definition to what may be excluded as unconsummated proxy marriage. Through the definition of the term "spouse" it can be inferred that a marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties unless consummated. Although the INA does not specifically define the terms "marriage" and "spouse," it does now lays down the threshold requirement for the validity of marriage -- marriage be valid where celebrated.Read more . . .
Wednesday, May 15, 2013
On October 2012, USCIS announced that it was transferring certain filings from the four USCIS service centers to either a field office or the National Benefits Center (NBC) in order to balance the workload and processing times. As part of this workload shift, USCIS transferred interview-waivable family-based Forms I-485 from the California Service Center (CSC) to the NBC.Read more . . .
Thursday, November 15, 2012
One way of permanently immigrating to the U.S. is through sponsorship from your close relatives. This falls under the category of family-based immigration; one of the ways Congress has emphasized the importance of family unification in American Immigration Law. There are certain important criteria, however, that must be met in order to successfully qualify as eligible for family-based immigration and in order to qualify as a relative's sponsor.Read more . . .
National in scope, the business immigration law firm of NPZ Law Group represents clients from throughout the United States and around world. Regionally, our attorneys remain committed to serving the immigration needs of businesses in the Tri-state area and the Hudson Valley, including residents of Ridgewood, Newark, and Jersey City, Burlington County, Bergen County, Camden County, Cumberland County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Morris County, Passaic County, Salem County, Union County, northern New Jersey, southern New Jersey, central New Jersey, NJ; New York City, Rockland County, Orange County, Westchester County, Kings County, Sullivan County, Ulster County, New York, NY; Chicago, Illinois, IL; and Toronto and Montreal, Canada. Our nationwide practice focused on quality legal representation and personal service.