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There is no need to make an appointment to receive an expert legal consultation with an experienced immigration Attorney. just pick up the phone and call. The charges are very affordable at the rate of $2.99 per minute and there are no fixed consultation fees, hidden costs or additional legal fees involved. You are in total control of your budget and how much you want to pay the attorney for the consultation. You can talk for a few minutes or as long as you want until you are satisfied. You only pay for the time you spend on the phone with the attorney asking questions, discussing your case and listening to the answers provided by the attorney. You can simply hangup the phone when you are satisfied.
To receive conventional old-fashioned legal consultations in a lawyers office you waste time and money because first you have to find a lawyer, then you have to call them and speak to their receptionist, make an appointment to meet the lawyer, adjust your schedule to set aside time to travel to the lawyer’s office to meet the lawyer and often times pay a fixed consultation fee. Often times, you will have to spend hours and to search for an attorney. Then you need to take time off from work to travel to meet the lawyer because most lawyers do not work on the weekends and evenings when you are off from your job.
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Most people are unaware that each year, the Unites states Immigration law requires that Executive Branch officials review the refugee situation or emergency refugee situation, project the extent of possible participation of the United States in resettling refugees, discuss the reasons for believing that the proposed admission of refugees is justified by humanitarian concerns, grave humanitarian concerns or is otherwise in the national interest.
Following consultations (discussions) with cabinet representatives and Congress, a determination is drafted for signature by the President. The Presidential Determination establishes the overall admissions levels and regional allocations of all refugees for the upcoming fiscal year.
No refugees may be admitted in the new fiscal year until the Presidential Determination has been signed.
Yearly, priorities are established to determine which of the world’s refugees are of special humanitarian concern to the United States. Fulfilling a processing priority enables a refugee applicant the opportunity to interview with a USCIS officer, but does not guarantee acceptance.
Current priorities:
Priority 1: Cases that are identified and referred to the program by the United Nations High Commissioner for Refugees (UNHCR), a United States Embassy, or a designated non-governmental organization (NGO).
Priority 2: Groups of special humanitarian concern identified by the U.S. refugee program.
Priority 3: Family reunification cases (spouses, unmarried children under 21, and parents of persons lawfully admitted to the United States as refugees or asylees or permanent residents (green card holders) or U.S. citizens who previously had refugee or asylum status).
Refugees must generally be outside their country of origin, but some individuals may be processed in their home countries if authorized by the President.
For a more in depth understanding covering this provision for 2016 under Obama administration see link below:
Congress has provided a path to citizenship for deserving young people who entered the United States illegally as minors. DREAM (Development, Relief, and Education for Alien Minors) act grants conditional permanent residency to young illegal immigrants who are of good moral character, and who are seeking higher education or military service.
United States offers two year, renewable grants of “deferred action” to young men and women who would theoretically be eligible for relief under the DREAM act. Deferred action does not grant an immigrant legal status in the United States—rather it protects the immigrant from accruing unlawful presence, and allows him or her to obtain a work permit. The policy allows the Department of Homeland Security (DHS) to focus its efforts on removing immigrants who pose a genuine threat to national security, rather than expending resources on deporting young men and women who, as President Obama has said, “[are] Americans in their hearts, in their minds, and in every single way but one: on paper.”
Forms of Proof
Applicants will be required to undergo a full background check before applying for deferred action. While this check will be sufficient to prove that the applicant has never been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offense, United States Immigration and Customs Enforcement (ICE) and United States Immigration Services (USCIS) will require additional documentation as proof that the applicant meets the other four criteria. Sufficient documentation includes, but is not limited to:
Financial records;
Medical records;
Employment records;
Diplomas, GED certificates, report cards, and school transcripts; and
Report of separation forms, military personnel records, and military health records.
Failure to provide the necessary documents will result in disqualification.
DACA
Qualified immigrants will be eligible to apply for deferred action, even if they have already accepted an offer of administrative closure, have seen their case terminated as part of the case-by-case review process under previous rules, have declined an offer of administrative closure, or have been deemed ineligible for such an offer. Immigrants who are not approved for deferred action under this directive may still have legal recourse, and a denial does not disqualify the immigrant from seeking any of the other legal protections available to him or her.
As per this new directive, only immigrants who would theoretically be qualified to benefit from the DREAM act are eligible for relief. Deferred action will be awarded on a case-by-case basis, but in order to qualify, the immigrant:
Must have entered the United States before his or her sixteenth birthday;
Must have resided in the United States for five continuous years before, and have been physically present on, June 15, 2012;
Must be currently in school, have graduated from high school, have obtained their GED, or have received an honorable discharge from the Coast Guard or Armed Forces of the United States;
Must not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or pose a threat to national security or public safety;
Must be below the age of thirty one.
An eligible applicant must be able to provide verifiable documentation that they meet these criteria.
Under this new directive, qualified aliens will be eligible for “deferred action.” This is not a form of legal status, nor does it negate previous unlawful presence. Deferred action allows the alien to remain in the United States without accruing new unlawful presence, and authorizes him or her to apply for a work permit.
The directive does not provide a pathway to lawful permanent status to those who qualify, but the two year periods of deferred action are indefinitely renewable. There is, however, no guarantee of renewal, and approved deferred action may be terminated at any time at the discretion of the agency involved. Reasons for termination may include misdemeanor and felony convictions.
DOCUMENTS REQUIRED FOR DREAM ACT DEFERRED ACTION FOR CHILDHOOD ARRIVAL
Proof of Identity:
Valid expired or unexpired passport from country of nationality with picture name date of birth
Valid government issued photo identification document such as driver’s license
Valid birth certificate with photo identification
Visa issued by a US consulate abroad
A national id document from home country or finger prints
Proof of Arrival:
Documentation showing that you arrived in the United states before your 16th birth day
If arrived legally , I-94 arrival departure record
Any visa stamp on the passport that shows entry date or travel
School transcripts
Medical and immunization records
Religious records such as baptismal certificate, or confirmation
Tax records where you are claimed as a dependant
Any bank account or credit card history in the US
Any government correspondence mentioning you
Proof of presence:
Documents to prove five years continuous presence in the US before June 2012 and that you were present in the US on June 15, 2012
School transcripts, Test results and certificates or diplomas
Medical records
Bank records if any
Rent or lease agreements /Receipts
Automobile proof of insurance or registration
Driver license if any
Marrriage/ divorce or birth of children documentation
Utility bills in your name
Those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
All requestors must provide biometrics and undergo background checks.
Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
The four USCIS Service Centers will review requests
You may request consideration of deferred action for childhood arrivals if you:
Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Evidence, including supporting documents, that you file with your request for deferred action should show that you meet the guidelines outlined in the section above entitled
“How to determine if you may request consideration of deferred action for childhood arrivals?”. This includes evidence that you:
You were born after June 15, 1981;
Arrived in the United States before the age of 16;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were present in the United States on June 15, 2012;
Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;
Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and
Are at least 15 years of age at the time of filing, if you have never been in removal proceedings or if your case was terminated before your request.
DACA
Does this process apply to you if you are currently in removal proceedings, have a final removal order, or have a voluntary departure order?
This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals you must submit your request to USCIS. You do not need to be 15 years of age or older at the time of filing your request if you are in removal proceedings, have a final removal order, or have a voluntary departure order. All cases will be considered on an individual basis.
Submit a copy of the removal order or any document issued by the immigration judge or the final decision from the Board of Immigration Appeals (BIA), if available. If you have not been in removal proceedings, this requirement does not apply to you.
Do brief departures interrupt the requirement of having continuous residence in the United States since June 15, 2007?
A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and:
The absence was short and reasonably calculated to accomplish the purpose for the absence;
The absence was not because of an order of exclusion, deportation, or removal;
The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
The purpose of the absence and/or your actions while outside the United States were not contrary to law.
Beginning August 15, 2012, additional information about specific documents that may show your absence was brief, casual, and innocent,is available on the USCIS website.
Will USCIS conduct a background check when reviewing your request for consideration of deferred action for childhood arrivals?
Yes. You must undergo biographic and biometric background checks before USCIS will consider whether to exercise prosecutorial discretion under the consideration of deferred action for childhood arrivals process. If you have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety, you will not be considered for deferred action for childhood arrivals except if DHS determines there are exceptional circumstances.
Will You be safe from deportation?
Yes. Unless terminated, individuals whose case is deferred pursuant to the consideration of deferred action for childhood arrivals process will not be placed into removal proceedings or removed from the United States for a period of two years. You may request consideration for an extension of that period of deferred action. You must also request an extension of your employment authorization at that time.
USCIS FEES: $465
Need review of your documents by an experienced Immigration Attorney? Contact Huma Kamgar Esq
U.S. businesses use the H-1B visa program to employ foreign workers in specialty occupations that require the theoretical or practical application of a body of highly specialized knowledge, including but not limited to: scientists, engineers, or computer programmers.
Requirement 1 – You must have an employer-employee relationship with the petitioning U.S. employer.
Before you do anything you must have an employer and employee relationship with an American Employer. A valid employer-employee relationship is determined by whether the American employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. In some cases, the sole or majority owner of the petitioning company or organization may be able to establish a valid employer-employee relationship, if the facts show that the petitioning entity has the right to control the beneficiary’s employment. It is very important to document and demonstrate this aspect of the H-1B visa application to avoid pre-screening.
Requirement 2 – Your job must qualify as a specialty occupation worker by meeting oneof the following criteria:
A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
The employer normally requires a degree or its equivalent for the position; or
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
Requirement 3 – Your job must be in a specialty occupation related to your field of study.
This can be done in a number of ways for example a detailed explanation of the specific duties of the position, the product or service your company provides, or the complex nature of the role you will perform, and how your degree relates to the role.
Written opinions from experts in the field explaining how the degree is related to the role you will perform.
Requirement 4 – You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.
Requirement 5 – An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.
The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap.
Additionally, you will need to complete all sections of the Form I-129 petition, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement. Make sure each form has an original signature, preferably in black ink.
Include signed checks or money orders with the correct fee amount.
Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing. Ensure there is only one H-1B position for the beneficiary of each petition.You must file the petition to the correct USCIS service center. To avoid rejection it is your responsibility to ensure that Form I-129 is completed accurately and submitted properly. You must also submit a certified Department of Labor Labor Condition Application or ETA 9035) at the time you file your petition.
Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and plan accordingly. If the LCA is certified for multiple workers, you must provide the name and USCIS case receipt number of any foreign worker who has previously used the LCA.
Petitioners must to sign the LCA before submitting it with the petition to USCIS.
Required Fees.
Base filing fee:
$325
American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee:
$750 for employers with 1 to 25 full-time equivalent employees, unless exempt
$1,500 for employers with 26 or more full-time equivalent employees, unless exempt
Fraud Prevention and Detection Fee:
$500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B status to change employers.
Public Law 111-230:
$2,000 to be submitted by a petitioner that employs 50 or more employees in the United States, if more than half of those employees are in H-1B or L-1 nonimmigrant status.
must be submitted with a request for initial H-1B status or a request for a beneficiary already in H-1B status to change employers
Premium Processing Fee:
$1,225 for employers seeking Premium Processing Service
Need review of your documents by an experienced Immigration Attorney? Contact Huma Kamgar Esq on skype
Immigration Law Phone Advice, Speak with Huma, Ask A Question
Spouse of a U.S. Citizen is eligible to obtain a Green Card in America:
A spouse is a legally wedded husband or wife.
Merely living together does not qualify a marriage for immigration.
Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.
The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States.
After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition.NVC will instruct the applicant to complete on line Form DS-261, Choice of Address and Agent.The NVC will begin pre-processing the applicant’s case by providing the applicant and petitioner with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents, including the Affidavit of Support, application forms,any civil documents.NVC will Invoice you for your visa application fees. NVC will collect your visa application and supporting documentation. NVC will hold your visa petition until an interview can be scheduled with a consular officer at a U.S. Embassy or Consulate.
Need help filling out forms to apply for a Green Card based on marriage? Need review of your documents by an experienced Immigration Attorney? Contact Huma Kamgar Esq on skype
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Normally under the second employment category preference (EB-2),a job offer and an approved labor certification is required. A National Interest Waiver (NIW) requests that the job offer and labor certification be waived to advance the national interest. While not an exhaustive list, these are some of the factors that are considered when determining the “national interest”
What is a National Interest Waiver?
Normally under the second employment category preference (EB-2),a job offer and an approved labor certification is required. A National Interest Waiver (NIW) requests that the job offer and labor certification be waived to advance the national interest. While not an exhaustive list, these are some of the factors that are considered when determining the “national interest”
Will the alien: – Benefit the U.S. economy?
Improve the wages and working conditions of U.S. workers? Improve the education and training programs for U.S. children and under-qualified workers? – Improve health care? Provide affordable housing for young an/or older, poorer U.S residents? Improve the environment of the U.S. and make more productive use of natural resources? Or, has a U.S. government agency specifically requested that the alien be admitted?
I you think it is too complicated to grasp …just simply ask yourself if you could be of any benefit to the United states in any way and leave the rest to an experienced qualified immigration attorney to draft your case…… If you can answer yes to one or more of these factors, you might be eligible for a National Interest Waiver. Researchers, Scholars, different types of Engineers, and Ph.D.’s are all well suited for a NIW.
Who qualifies for a National Interest Waiver? In order to qualify for a National Interest Waiver you must satisfy three of the following criteria: a. You must seek employment in an area with substantial intrinsic merit. – The importance of your occupation or field of endeavor and its relation to an important national goal must be established. b. The proposed benefits of your work must be national in scope. – It is not enough to benefit only local, regional, or private interests. Your work must have national significance. c. The benefit derived from your “national interest” work must considerably outweigh the inherent national interest in protecting U.S. workers through the labor certification process. – In other words, you must serve the national interest to a “substantially greater degree” than would an available U.S. worker with the same minimal qualifications. – Additionally, while it is important that your work be unique and exceptional, this may not be enough to satisfy the third criteria of the NIW petition.
For example, As a medical researcher investigating potential cures for any carcenoma, tumors, or aids, or any other disease, a virus, you may be able to show your work for a cure has substantial intrinsic merit and you can show it is national in scope. This can be accomplished by several different means, including: letters of recommendation from authorities in the field, published works, citations of your work by your peers in the field, national or international recognition for your research, etc.
More over NIW has been granted to a wide range of occupations from a software engineer to the proprietor of an export firm. As long as you can satisfy the three criteria listed above, you may be eligible to receive a National Interest Waiver and a green card in the US.
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Is it true i don’t have any right here for my daughter because i come from Africa?
My husband is an American citizen, i am from Africa now here in America for 6 months but i am not happy at all. He lied me about many things that i found after reaching here and now i want to go back but with my daughter. I gave birth in kenya on …
Huma’s Answer
on Jan 9
In your situation, you have alot of rights and alot of help & support available to you in the United States. The question is how to find it and use it…Your situation is quiet common among migrant women who are new here and are dependent on their husbands who might be manipulative or outright abusive to them.
I agree with my colleagues that you need t immediately consult with an attorney, an immigration attorney first to take care of your immigration status first. Then you can pursue other remedies through a family law expert to resolve marriage, divorce, child custody, alimony, and any child support issues.
It is important to know if this man is the biological father of your daughter? What is your and your your daughter’s immigration status?
How does it impact my wife who is staying in US right now? Can she get asylum or some other visa because of our son?
I was in US under L1 visa with my wife and son who was born in US. I came to visit Pakistan and my entry was denied when I was going back. Embassy informed that my visa has been cancelled. My wife and son are still in US.
Huma’s Answer
on Jan 9
More facts or probably a private consultation with an immigration attorney will be helpful in this case. Can your wife contact a lawyer by phone? Or in person to discuss all the details and a proper legal course of action?
she can book on line a fifteen minute phone consultation with avvo advisor through my profile.
Should we need to file I94 extn if I130/485 checks are not cashed before current I94 expiry?
We filed an I 130 and 485 for parents on B2 tourist visa. We got a rejection notice I797C (wrong addr. on the application) dated Nov 30 with receipt number. We sent documents back on Dec 30 but heard nothing back yet; the checks we sent are not ca…
Huma’s Answer
on Jan 9
You should retain an immigration attorney to do the work correctly for you to avoid unnecessary delays and complications. Or at least have an attorney review your paperwork before submitting it to USCIS.
Can my husband work as self employed without EAD? If the answer is no, can he do it while the status on his case is pending?
Hello. My husbands employment authorisation is pending due to security check. He had been self employed before his EAD expired. Immigration lawer said that he does not need EAD in order to be self employed. We want to be sure about it.
Huma’s Answer
on Jan 9
If a person does not have EAD (employment authorization document) he or she cannot apply for a social security number to work with. However, if you do not have any EAD or any status, you can still visit IRS website and apply for a TIN (tax identification number) in order to conduct your own business or self- employment and report your income and pay your taxes.
Will I be able to join the military under deferred action documents?
I have a work permit under the deferred action program. I am interested in joining the military and have always been. However, I’m not sure if my documents allows me to serve in the military. Is there anyway possible to serve without a bachelor’…
Huma’s Answer
on Jan 9
Generally, if a person is not a U.S. citizen, he needs to be a green card holder, i.e., a lawful permanent resident, to join the military.
I-485 further background check.
On October 2014 I filed for AOS (I-485). My visa became available on August 2015 (I-140 EB2-NIW was approved). I followed up with USCIS (through congressman office) and in Sep 2015 I was informed that my case is with an officer and will receive an…
Huma’s Answer
on Jan 9
A secondary back ground check is certainly a concern. Which country are you from? You need a lawyer. Or at least talk to a lawyer. You can also arrange a 15 minute confidential phone consultation with any Avvo lawyer or with a specific Avvo lawyer.
1) If the USCIS asks for additional documents and denies my amendment. Will my H1-B also gets revoked? Will I be asked to leave
I have completed My masters in US and worked in OPT for 2 years. I was approved H1B for FY2015 with Employer A and client X for 3 years, my H1-B started on October 2015. I have relocated to different project to client Y in DEC 2015, as my pro…
Huma’s Answer
on Jan 9
More facts are needed to answer question 1.
As for question 2 the answer is YES. You can apply to change status from one non-immigrant visa to another non-immigrant visa with few exceptions. But you must apply while your current visa status is still valid. That’ s the key factor among other requirements.
Will perm be still valid if I switch back to same company
Hello experts, I joined a company A and they initiated my PERM approval but in middle I had to leave and join company B and now I am planning to join back employer A. Do they need to start from beginning ? Or they can continue from where they lef…
Huma’s Answer
on Jan 9
More facts are needed to ascertain an answer to this question. Timing and days lapsed for each PERM filed, whether I-140 filing stage was ever reached, was the second PERM with company B approved? any other actions taken by you or either company A or B?
Will my I-94 record will generate on bases of visa or passport???
I have entered in usa on august 8th 2015 on F1 visa due to some health problems i have withdrawn my admission and i went back to India. Later i have done my visa on another university and my old visa got “can-celled without prejudice “. And i …
hello dear sir i have a really important question, my parents sponsored me fora green card and i have an interview in India After Two Months, actually i love a girl and she’s in india we study together i want to get engaged to her is it okay for m…
Huma’s Answer
on Jan 9
How old are you now?
getting married will move your immigration petition to a different longer category.
however, getting engaged is not same as getting married. If you want to get engaged its fine and visa will not be denied because you are engaged. you should be honest to the visa officer. good luck.
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