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The self-petition green card category can be filed by an individual without an employer.The requirement for the EB-1A case/ Criteria for Demonstrating Extraordinary Ability is as follows:You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field: If you need legal assistance with a self-petition EB-1 green card case, please contact us.This information is intended for informational purposes only and is not intended as legaladvice. If you would like legal advice regarding your specific immigration case, pleaseemail contact@dbenjaminlegal.com or contact us here.
Immigration has unofficially piloted a new program where many adjustment of status marriage based green card cases do not have to attend an interview. In these cases, the United State Citizenship and Immigration Services (“USCIS”) is moving directly to a decision or sending a Request for Evidence for items such as the medical exam or anything else missing from the green card filing. It is recommended to file your adjustment of status with the medical exam for faster processing times and to avoid the Request for Evidence when USCIS is ready to adjudicate the case. Applicants may not choose this program, however, USCIS is likely to waive interviews for strong and complete applications. If you would like personalized representation for your marriage green card, please contact us. This information is intended for informational purposes only and is not intended as legal advice. If you would like legal advice regarding your specific marriage based case, please contact D. Benjamin at contact@dbenjaminlegal.com or contact us here.
The new public charge rule goes into effect February 24, 2020. All cases filed before then are not impacted. Even if you have not used public benefits, the green card case will require extensive additional information after February 24, including a copy of your credit report and listing all outstanding debt. If you have been thinking about filing a green card case for your spouse, parent or minor child, now is the time! We offer free consultations for anyone interested in moving forward with a green card case. Contact@dbenjaminlegal.com or 425-499-0323
Immigration (Department of Homeland Security) released a new rule which will impact many filing fees. For green card applicants in the U.S., the filing fee for the adjustment of status is $20 less, but the filing fee no longer includes the travel card which would cost $490 and a work card which would cost $585. In reality, those applying for a green card would pay a total of $2,185 or $2,215 (with $30 fingerprint fee) for an adjustment green card case filed in the U.S. with a work and travel card. Right now, a green card application with the work and travel card costs $1,140 or $1,225 total (with $85 fingerprint fee). This is a sharp increase in filing fees. Another application that will be impacted is the naturalization application fee which would increase from $640 to $1,170. Immigration has yet to release a date when the new fees will go into effect. The rule is currently under a 30-day comment period. If you are interested in filing a citizenship or green card case, now is the time to move forward, before the filing fees increase. This information is intended for informational purposes only and is not intended as legal advice. If you would like legal advice regarding your specific immigration case, please email contact@dbenjaminlegal.com or contact us here.
Registration for the Diversity Visa Lottery is open on October 18, 2017, and closes on November 22, 2017. If you are interested in applying, you should apply early to ensure your case is included in the lottery. The Diversity Immigrant Visa Program (DV Program) consists of 50,000 immigrant visas available annually. The selected cases are drawn at random from among entries to individuals who are from countries with low immigration rates to the United States. The lottery is open to individuals residing in and outside of the United States. If selected in the lottery, the green card case must be completed by September of the next fiscal year. There is no fee for submission in the lottery and it must be submitted online. Late entries are not accepted and multiple entries will disqualify an applicant. Each DV green card applicant must also meet the education/work experience requirement by having either: 1) A high school education or equivalent; or 2) two years of work experience within the past 5 years in a field that requires at least 2 years of training. This information is intended for informational purposes only and is not intended as legal advice. If you would like legal advice regarding your specific immigration case, please email contact@dbenjaminlegal.com or contact us here.
As of October 1, 2017, United States Citizenship and Immigration Services (USCIS) will start expanding the in-person interview requirement for employment based green card cases and refugee/asylee relative petitions for beneficiaries who are in the United States. USCIS is moving forward with this change as part of the Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States.” “This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.” This will most likely result in a longer wait time for all green card cases which require an interview. As in the past, USCIS is implementing new requirements without ensuring there is adequate staff to handle the new procedures. Previously, most employment based green card cases were approved based on the paperwork and not an interview. In some cases, where there may be a question of an immigration violation or an arrest record, the USCIS would schedule an interview. This was a small percentage of cases. In many instances, when an individual applies for an employment based green card, he or she has already gone through the vigorous security clearance process at the U.S. consulate for the work visa. In addition, the information being vetted for an employment green card case does not typically require an interview with the employee. The in-person interview process is helpful in cases such as the marriage based process. The applicants for a marriage based green card need to demonstrate that their marriage is real. In those cases, an in-person interview is helpful. Applicants should expect this new interview requirement to start […]
When visiting immigration sites, it is important to note that all government sites end with .gov. There are other sites on the web which purposefully mimic the government sites and can be confusing. The copycat sites will sell forms or try to obtain personal information from individuals. The USCIS (United States Citizenship and Immigration Services) provides forms for free at uscis.gov. The USCIS will also not request payment over the phone. If you are contacted and asked to make a payment over the phone, the call is a scam. Technology today allows scammers to use Caller ID Spoofing where the call may seem to originate from an official number like the USCIS (Immigration) or FBI. Do not make payments to individuals contacting you via phone. This information is intended for informational purposes only and is not intended as legal advice. If you would like legal advice regarding your specific immigration case, please contact D. Benjamin at contact@dbenjaminlegal.com or contact us here.
An individual is eligible to apply for U.S. citizenship once they have been a green card holder, also referred to as permanent resident, for five years. The only exception is if the individual obtained the green card through marriage to a U.S. citizen, then they are eligible to apply after three years. In order to qualify, one must have spent more time in the U.S., then outside of the U.S. in the last 5 years. The USCIS (United States Citizenship and Immigration Services) requires a list of all travel outside of the U.S. including dates of travel. Once you obtain your green card, if you are planning to apply for U.S. citizenship it is a good idea to keep a list of your international travel dates. The naturalization process consists of fingerprinting, also referred to as biometrics and an in-person interview. At the time of the interview, the applicant will need pass an English and Civics test. The USCIS provides study guides online at uscis.gov. This information is intended for informational purposes only and is not intended as legal advice. If you would like legal advice regarding your specific naturalization case, please contact D. Benjamin at contact@dbenjaminlegal.com or contact us here.
The National Interest Waiver green card process is a self-petition, which means that an individual may apply for this category based on their own achievements, without a sponsoring employer. Typically, the employee obtains expert letters from the employer, but the petition is submitted to the USCIS (United States Citizenship and Immigration Services) by the individual. The applicant would also obtain expert letters from others in the industry to attest to their exceptional ability. An individual qualifies for this category based on their exceptional ability and whose employment would greatly benefit the United States. In these cases, the Labor Certification process whereby the employer tests the labor market may be waived. Requirement 1 – You must show that you plan on working in the United States in an area of substantial intrinsic merit. Requirement 2: You must show that the proposed impact of your work is national in scope. Requirement 3: You must show waiving the labor certification requirement would benefit the national interests of the United States. (uscis.gov) Criteria: Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability Letters documenting at least 10 years of full-time experience in your occupation A license to practice your profession or certification for your profession or occupation Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability Membership in a professional association(s) Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations Other comparable evidence of eligibility is also acceptable. (uscsis.gov) This information is intended for informational purposes only and is not intended as legal advice. If you would like legal advice regarding your specific […]