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Parole in Place: Immigration Option For An Illegal Spouse, Child, Or Parent Of A Military Member
fickeymartinez • Feb 03, 2016
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“Parole in Place” or “PIP” is an uncommon immigration option that is not as formalized as most USCIS processes. There is no PIP Form at USCIS and currently the process is free, at no cost to the immigrant or military member. However, it is recommended that a military member seek the advise of a local immigration attorney for assistance in determining eligibility, properly filling out a “mismatched” USCIS Form, and drafting the comprehensive “Extreme Hardship Letter.”
Generally, illegal status within the United States has few remedies in immigration law. Illegal status can arise from illegally crossing the border either without a visa or at a location not permitted by a visa. These two categories, which are different from overstaying a visa, are able to be “forgiven” by the U.S. Government. (See overstaying visa post here ). However, this option is very limited in scope and applies only to the illegal spouse, child, or parent of a military member.
As a positive point, the military member may be current military, reserve, or a veteran. Additionally, the illegal status of the spouse, child, or parent can be for decades. However, this process will only “forgive” unlawful presence or illegal entry into the United States. If the intended beneficiary or immigrant has committed crimes or other negative impacts to an immigration petition, application for a Green Card, or Adjustment of Status, then this option will likely be denied (i.e. determination of eligibility is key).
Outside of this narrow option carved out only for the illegal spouse, child, or parent of a military member, an immigrant will have to use USCIS’s 601 or 601A forms. Additionally, the illegal spouse, child, or parent of a military member will have to: (1) Consular Process their Green Card Application outside of the United States, (2) defend against being subject to either a 3-year, 10-year, or permanent admissibility bar (i.e. bars from re-admission back into the United States), and (3) endure a costlier process and much longer processing times. (See relevant post here ).
If you have any concerns, you should speak with a local Immigration Attorney. Additionally, you may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066 or email at attorney@fickeymartinezlaw.com.
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Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This post will target how many J1 Teachers are in the US, that come from Colombia. Since the J1 Teacher Program can be extended to 5 years, this post will do a 5-year lookback.
This post will cover one of the most common questions a J1 has, would the J1 Waiver permit employment? In short, the answer depends on the J1 Visa being Waived. A J1 can still work during their DS-2019 Authorized Period, with the same employer, and the same position. If the Sponsor DOES NOT terminate the J1 Status in the Government System, employment is still authorized. So, the Waiver would not stop employment, but it does not in of itself permit the employment. This is an important distinction, because others might see J1 Working, and they might misperceive the waiver authorizing it. If the DS-2019 is expiring or has already expired, the J1 Waiver DOES NOT grant: employment authorization driver's license renewal international travel In other words, the J1 Waiver is NOT A STATUS to remain in the US, that is what the J1 Visa does. The Waiver, at its core, is merely a process to BREAK a previous agreement to return abroad (home country) for a minimum of two years. Once the Waiver is approved, the J1 is able to seek a different immigration status, such as: Immigrate to the US (acquire Lawful Permanent Residence or Green Card) either through the I-485 Adjustment of Status process or the DS-260 Consular Process K-1 Fiance Visa H Employment Visa L Employment Visa If working beyond the J1 Visa and without employment authorization, most are ineligible for Employment Visas, and Green Card immigration filings may be barred or deemed inadmissible for I-9 Fraud. More information about the J1 Waiver can be seen on our website . If you are in need of J1 Waiver Assistance, please feel free to contact our office for a Consultation . Related Blog Posts: https://www.fickeymartinezlaw.com/colombian-j1-no-objection-statement-nos-waiver-explained https://www.fickeymartinezlaw.com/my-ds-2019-is-blank-how-do-i-know-if-i-am-subject-to-the-j1-212e-2-year-home-residency-requirement https://www.fickeymartinezlaw.com/j1-waiver-statistics-and-approval-rating Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
¡Cómo la bancarrota afecta la inmigración y la naturalización! La quiebra puede ser un proceso muy confuso, muy parecido a la inmigración. Las preguntas más comunes son: ¿Tengo que ser ciudadano estadounidense para declararme en quiebra? ¿La bancarrota afectará mi estatus migratorio? ¿Puede un inmigrante indocumentado declararse en quiebra? ¿Puede la quiebra afectar mi solicitud de ciudadanía? En general, una declaración de quiebra no afectaría una declaración de inmigración. La bancarrota está disponible para ciudadanos estadounidenses y no estadounidenses (como residentes permanentes legales, titulares de DACA, titulares de TPS e incluso inmigrantes indocumentados). Para declararse en quiebra, debe decir toda la verdad. La información proporcionada en la presentación debe ser precisa y su número de Seguro Social o ITIN debe ser exacto y suyo. Por lo tanto, cualquier persona que tenga una tarjeta de seguro social legal emitida por el gobierno o un ITIN puede declararse en quiebra. ¿Cuándo puede la quiebra afectar una presentación de inmigración, como el ajuste de estatus o la naturalización? El hecho de declararse en quiebra no afectaría una presentación de inmigración; sin embargo, el fraude, el perjurio y la tergiversación pueden descalificar a un inmigrante para un beneficio de inmigración por motivos de tergiversación o de mal carácter moral. Aquí hay algunos escenarios posibles donde las acciones de quiebra incorrectas pueden dañar una presentación de inmigración: Un declarante de bancarrota inmediatamente solicita una tarjeta de crédito con la completa intención de presentar el Capítulo 7 de Bancarrota para saldar la nueva deuda. En este escenario se puede denegar la quiebra y se puede considerar que el declarante tiene un carácter moral deficiente, lo que puede denegar una solicitud de naturalización o impedir una tarjeta verde en una presentación de ajuste de estatus. Un declarante de quiebra utilizó una tarjeta/número de Seguro Social falso, robado o adquirido de manera fraudulenta. Este acto sería una forma de perjurio, que puede negar una solicitud de naturalización o impedir una Tarjeta Verde en una solicitud de Ajuste de Estatus. [Nota: el hecho de que una Tarjeta de Seguro Social sea real no significa que haya sido adquirida legalmente. El uso de documentos falsos o una presentación de inmigración fraudulenta puede ser tan malo como que la tarjeta de Seguro Social sea falsa o robada. Un declarante de quiebra es indocumentado y utiliza múltiples números sociales, ITIN y otros números del IRS para falsificar presentaciones 1099 y tergiversar los ingresos sujetos a impuestos en una declaración de impuestos. Este perjurio con respecto a los ingresos invalidaría cualquier declaración de quiebra y puede negar una presentación de naturalización o impedir una tarjeta verde en una presentación de ajuste de estatus. Si tengo una inquietud, ¿con quién debo hablar: un abogado de inmigración o un abogado de quiebras? En caso de duda, lo mejor sería hablar con ambos tipos de abogados. Alternativamente, Nuestra oficina maneja tanto Inmigración como Bancarrota . Por lo tanto, seríamos una "ventanilla única" y determinaríamos sus derechos y evaluaríamos sus riesgos. Descargo de responsabilidad: El abogado o el editor del bufete de abogados pone a disposición este blog únicamente con fines educativos, así como para brindarle información general y una comprensión general de la ley, no para brindar asesoramiento legal específico. Al utilizar este sitio de blog, usted comprende que no existe una relación de abogado-cliente entre usted y el editor del blog/sitio web. El Blog no debe utilizarse como sustituto del asesoramiento legal competente de un abogado profesional autorizado en su estado.
The Colombian J1 No Objection Statement (NOS) Waiver Process is unique. Every Country has a different process, timeline, eligibility, and required documentation. This post will specifically cover Colombia's process. For starters, there are unrestricted and restricted J1 Professionals. The Restricted Professionals are generally: J1 Teacher J1 Professor J1 Instructor J1 Specialist J1 Researcher J1 Physician J1 Intern J1 Trainee J1 Summer Camp Counselor J1 University Student (Undergraduate, Graduate, and Professional / Doctoral) It is these professionals that this waiver explanation will assist the most. This explanation will be broken into parts. Part 1: Why listen to this Post or this Immigration Attorney? Personally, the Attorney married a J1 Teacher and filed for a No Objection Statement Waiver. So, on a personal level, the Attorney has been in the same shoes as many spouses trying to spend their life with a J1 Professional that was originally required to return home/abroad for 2 years (the 2-year home residency requirement). Professionally, the law firm assists J1 Professionals on a weekly basis, and has nearly a decade of experience SPECIFICALLY with Colombian No Objection Statement Waivers. The Attorney and Team biographies can be seen here: https://www.fickeymartinezlaw.com/team Part 2: How can I Clearly Determine whether I am Restricted by the J1 Visa? (aka 212e Specials Skills List or Subject to the 2 year Home Residency Requirement) With any waiver discussion, determining the need for the waiver is important. Generally, if you are a J1 Professional from Colombia mentioned above, you are LIKELY SUBJECT. If the J1 Visa and DS-2019 state you are subject, then you are subject. A much deeper dive into this subject can be seen in the following posts: The DOS Waiver Review Division Advisory Opinion: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion When the DS-2019 is blank (Common Issue): https://www.fickeymartinezlaw.com/my-ds-2019-is-blank-how-do-i-know-if-i-am-subject-to-the-j1-212e-2-year-home-residency-requirement An Advisory Opinion is a service our law firm assists with. A consultation with an immigration attorney may also be beneficial. Part 3: Why and When do you need the J1 Waiver? The Purpose of the J1 Waiver is to allow the professional to: acquire permission to NOT return home for 2 years be able to seek a different immigration status: Immigrate to the US (acquire Lawful Permanent Residence or Green Card) either through the I-485 Adjustment of Status process or the DS-260 Consular Process K-1 Fiance Visa H Employment Visa L Employment Visa The Waiver is REQUIRED BEFORE you are able to apply for the above-mentioned immigration statuses. Emphasis on BEFORE, meaning the waiver must be approved by the DOS and USCIS, before DOS and USCIS would allow for a change in immigration status. Now, it is important to note, other visa types/immigration statuses are NOT Restricted by the J1 Visa, such as: F1 Student Visa R1 Religious Worker Visa B1/B2 Tourist Visa Some Guidance on the R1 Option for J1 Teachers can be seen here: https://www.fickeymartinezlaw.com/r1-visa-for-school-teachers-at-religious-private-schools-an-alternative-to-the-h-1b-visa FINAL POINT ON THIS TOPIC, as many forget, if the F1/R1/B1/B1 visa holder aims to EVER APPLY FOR AND RECEIVE a Green Card or Fiance Visa or H/L Employment Visa, the J1 Restrict MUST EITHER BE: Satisfied by returning to the home country for 2 years Waived by the DOS Part 4: Waiver Breakdown Overview The NOS Waiver process is broken into 2 packets and 3 phases. PHASE 1: Initiating Packet 1: The DOS DS-3035 Waiver Recommendation Application is an electronic filing that auto-generates the forms, statement of reason, and list of required documents. A Third-Party Barcode Page is created along with a case number. The Barcode Page is required for Packet 2 and the case number allows for status updates in the DOS System. The filing DOES NOT APPEAR in the DOS System until the file is received at DOS with payment. Once a DS-3035 Packet is created, it cannot be edited afterwards. Any new corrections usually lead to a new case/case number being generated. Packet 2: The Colombian NOS Application is filed with the Colombian Embassy. The Colombian Instructions/process can be located here: https://www.colombiaemb.org/post/how-to-obtain-a-no-objection-letter-at-the-embassy-of-colombia-in-usa It is important to note, the Colombian Government updates the NOS Policies, Procedures, Payments, and NOS Application every year around September 1st. Phase 2: Processing Packet 2 might be called packet 2 in the explanation, but it is the first that MUST BE PROCESSED. Colombia must not object, create the No Objection Statement, and send that statement to the DOS to merge into Packet 1. Once Packet 1 receives the Colombian No Objection Statement, that is when they begin processing the DS-3035. The DOS will either request documentation, deny, or issue a favorable recommendation. Phase 3: Finalizing/Recording in the Government System If DOS issues a Favorable Recommendation, the file (merge of packet 1 and packet 2) is then submitted to USCIS, USCIS issues an I-612 Receipt Notice, and then USCIS issues an I-612 Approval Notice. An I-612 Approval Notice is the full completion of the J1 Waiver Process. Part 5: Documents Our office provides the following recommendation of Documents: Birth Certificates for the J1, any children, and spouse [Note: If Colombian , Birth Certificate MUST be Front and Back, from the Civil Registry. More Guidance found here: https://www.fickeymartinezlaw.com/immigration/consular-processing/us-immigration-requirements- colombia -birth-marriage-divorce-and-police-certificates/ ] Translation of Foreign Birth/Marriage/Divorce Certificates, if not in English (recommend Military One Source or Montesino Translation ) Your Marriage Certificate, if married Your Divorce Certificate, if divorced Prior Spouse’s Death Certificate, if prior spouse died during marriage Any Foreign Passport Any US Visas Any US Passport Any US Driver’s License I-94 Lawful Entry Record ( Found on CBP Website ) ALL DS-2019 ever issued (for J1/J2) Any Cedula Cards Part 6: Processing Times and When to Start The Colombian Embassy Processes the NOS Application within 1-4 months. (aka packet 2) The DOS Processes the DS-3035 AFTER receiving the No Objection Statement within 2-5 months. (aka packet 1) USCIS processes and records the I-612 Waiver filing within 1-2 months. If you require the waiver for an H-1B Filing or Adjustment of Status filing next year, you may want to start early. For instance, if a J1 public school teacher begins the waiver process in August, receives the NOS in October, is Favorably Recommended by the DOS in February the following year, and is I-612 approved in March or April. If you are interested in learning more about our law firm J1 Services, we welcome you to visit our website. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
What happens when a J1 Professional Loses a prior DS-2019? This topic is a common occurrence as J1 Professionals, such as teacher, doctors, and scholars, begin to prepare for the J1 Waiver Process (i.e. No Objection/NOS, Exceptional Hardship, IGA, CONRAD 30, or Persecution). As a RULE OF THUMB, every DS-2019 MUST BE PROVIDED in any J1 Waiver Process. Now, things do get lost over time and not everyone scans, takes a photo of, or copies a DS-2019. The DOS Waiver Review Division is aided by the Prior J1 Visa and CBP Stamps. The DOS WRD Officer normally provide the following guidance on this topic: You must contact Responsible Officer/Agency that Sponsored the J1 Visa and issued the original DS-2019, to request them to issue a letter (aka Certificate of Participation) including: Sevis Number (present on J1 Visa) Name of Program Sponsor (present on J1 Visa) Program Number (present on J1 Visa) Purpose of Attending Program (present on J1 Visa) Dates From/To Complete of Program Final Information (must) Subject Code Name of Responsible Officer Title of Responsible Officer Address and Phone Number of Responsible Officer The Responsible Officer/Agency are generally able to assist in providing the "Certificate of Participation/DS-2019 Alternative Letter" and such letters can normally be provided within 2-3 business days. Apart from the DOS WRD Officer's normal guidance, our office normally recommends: The letter be on company letterhead The letter be dated and signed with wet-ink (not a digital signature) The letter clearly state that a duplicate DS-2019 cannot be provided to the J1 as the only copy was previously provided to the J1, but for the DOS RWD Officer to request the alternative document, containing the above recommended information If you have questions or need assistance with the J1 Waiver Process, please schedule a consultation with our immigration attorney. Visit our J1 Waiver Page for more information: https://www.fickeymartinezlaw.com/practice-areas/j1-visa-waiver Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The National Visa Center (NVC) begins their case processing when the I-130 Petition is approved. The NVC is an extremely efficient agency, extremely efficient. The NVC Goal is to quickly prepare, review, and accept information and documents necessary for the future Immigrant Visa Interview. The "Notice of Visa Case Creation" usually occurs within 24-48 hours, as most I-130 Petitions were Electronically submitted or were an electronically managed filing at USCIS with an "IOE" Case Number. The NVC normally emails their "welcome letter" in the form of the Notice of Visa Case Creation email; however, the NVC can also mail a welcome letter, which is more common for Family Preference filings versus Immediate Relative filings. NVC Focuses: Accept Visa Payments Provide and Review the DS-260 Visa Application Review, Conform to Consular Standards, and Accept the Sponsor's Financial Documents and I-864 Affidavit of Support Review, Conform to Consular Standards, and Accept the Immigrant's Civil Documents, paying close attention to: Police Certificate Marriage, Divorce, and Birth Certificates Bona Fide Marriage or Family Relationship proof (aka Continued Relationship Evidence) Passport Style Photo Prior Military Service Evidence Court and Prison Records, if anything exists NVC Timelines are posted online: The NVC timelines can be located here: https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html What Happens AFTER the NVC Processing: The NVC Documentarily Qualified Notice and the Immigrant Visa process are explained separately (in great detail) in the following blog posts: https://www.fickeymartinezlaw.com/immigration/consular-processing/nvcs-documentarily-qualified-status-notice-what-happens-next https://www.fickeymartinezlaw.com/immigration/consular-processing/immigrant-visa-interview-scheduled-what-to-focus-on-now-and-in-what-order Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
My DS-2019 is blank! How Do I know If I am Subject to the J1 212e 2-Year Home Residency Requirement?
Many J1 Professionals rely on the DS-2019 for determining whether they are subject to the 2-year home residency requirement. However, the DS-2019 can be incorrect or INCOMPLETE. This post will specifically target the common Blank DS-2019 questions/issues. Many look at their MOST RECENT DS-2019 (applicable for the professionals that have received 2-5 DS-2019s, and almost 99% of the time, the "Preliminary Endorsement of Consular or Immigration officer regarding section 212(e)" section is blank . This section, near the bottom left side, has two options: Not subject to the two-year residence requirement Subject to two-year residence requirement For many, when they see that it is blank, they assume that they ARE NOT SUBJECT. However, that would be a mistake. The best indicators are: The FIRST DS-2019, as that is almost always completed and provided to the J1 for Visa Processing overseas The J1 Visa annotates whether subject or not Common DS-2019 ERROR Scenarios The J1 lost/misplaced the prior DS-2019, but would rely on the DS-2019 Extension because it covers the same time period. This is a bad assumption as many subsequent DS-2019s would update the "start date" and the "end date." The "Start Date" is usually updated to the date of Entry into the US versus the first possible date you could have entered for purposes of acquiring the J1 Visa sooner. The J2 DS-2019s NEVER stated subject. So, the J1 must also match them right? No, never assume the dependents status, annotations, or DS-2019 reflect correct information for the J1. The J2 DS-2019s NEVER stated subject, but the J1 is/was subject. This is a common error. If the J1 Professional is/was subject, the J2 100% MUST also be subject. The DS-2019 and J1 Visa state "NOT SUBJECT," but you know another J1 from the same country, same profession, same J1 Sponsoring Agency, and same Subject/Field Code. Errors happen, and "assuming you slipped through the cracks" can be costly. So, how can I be certain in determining whether I am Subject or Not Subject? An Advisory Opinion from the DOS Waiver Review Division is 100% reliable. If that division states you are Subject, then you are Subject. If they state that you are NOT Subject, then you are now and will always be NOT Subject. The Advisory Opinion is a FREE process, it does not "constitute a waiver" (as some J1 Visa Holders are afraid to violate the terms of their employment contract), and it processes in about 1-2 months. How can an Immigration Attorney Help? An Attorney can assist with the Advisory Opinion as that is a service our office provides and an estimate can be found on our J1 Waiver Page ; however, an Attorney can also explain: Timelines Document Requirements Feasibility of a future plan End Goal of either an employment visa or immigration with a Green Card Related Blog Posts: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion https://www.fickeymartinezlaw.com/immigration/can-i-apply-for-a-j1-waiver-simultaneously-with-my-green-card-filing Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This Blog Post will cover the topic that receives "mixed reviews" from J1 Physicians: the CONRAD 30 WAIVER PROGRAM. A Physician that has the J1 2-year Home Residency Requirement (aka Restriction) has generally heard about this waiver option. Some Physicians like the program because progresses their career and keeps them in the United States, which can pay higher or have better benefits that abroad. However, other may dislike it because: Rural Living/Placement Lower Pay from current area of employment Less opportunities for J2 Family Members The State they DO WANT TO LIVE IN has already capped out the CONRAD 30 Positions Now, CONRAD 30 is an option, and the reality is: IT IS AN UNDERUSED OPTION. Common medical professionals, such as (not an exhaustive list): Anesthesiologist Cardiologist Family physician Gastroenterologist Neurologist Obstetrician/gynecologist (OBGYNs) Oncologist Pediatrician Radiologist Surgeon Urologist May want to reconsider this J1 Waiver Option. The CONRAD 30 does have three (3) main requirements, which give the most concern to Physicians: MUST acquire a NO OBJECTION STATEMENT from their home country (this is something our office has assisted with for nearly a decade), BUT doctors are a prized commodity and the foreign government may really really really want you to return. MUST sign a contract and MUST thereafter complete 3 years under the H-1B Program from the Health Department or Rural Placement. MUST complete the other CONRAD 30 Program Requirements. The Numbers: The Term/Title: UNDERUSED, that was not an exaggeration or play on words. Statistically, of the 1500 Conrad 30 Positions available every year, only 880 to 1167 (statistics taken over a 5 year period). CONRAD 30 is generally unable to place 1/3 of its available positions with Physicians. ( Source ) As an Immigration Law Firm that assists many types of J1 Professionals, I would recommend looking at the less "frequented" states. Colorado , a beautiful state with nearly 6 million people ALMOST NEVER FILLS THEIR CONRAD 30 POSITIONS. If I was a J1 Physician, and I was heavily considering this J1 Waiver, I would go to a place where there is no competition, like Colorado . (Opinion of an immigration attorney). Here is a link to help guide you . In reality, 1/3 of the positions are available/unused. If a J1 physician needs a waiver, maybe consider looking outside of your geographical area because opportunities are available, if you look elsewhere. If you have questions or need assistance with the No objection Statement, please schedule a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This blog post will cover the two main waiver types common for J1 Public School Teachers: No Objection Statement (NOS) and Exceptional Hardship. What many don't know are the actual statistics for J1 Visa Holders. Some might look at the below DOS Waiver Review Statistics, and think, I have a GREAT chance for success:
With the USCIS Fee Increases that occurred on April 1, 2024, USCIS Filings will be rejected, refused, returned to unknowing filers. The filings will be returned with a template letter stating template-terms such as: Incorrect Fee Payment Incorrect Form Editions Insufficient Funds The fact of the matter would be that the USCIS Filing is rejected and the new fee would be required. The next question is: what should you do next? Should you look online and pay the new fees? Our office would recommend stepping back and reviewing the entire filing. Eligibility must be confirmed. Supporting documents must be confirmed. Form Editions must be confirmed. These topics will be discussed below. Topic: Eligibility Most (Minor) USCIS Filings are now available online at USCIS.GOV. The online system does a great job at screening eligibility and raising red flags when something is amiss. However, the paper filings do not have the same luxury. Over 550,000 applicants file for the (Major) I-485 Adjustment of Status each year. Over 50k spousal filings, 15k fiance filings, 3k child/step-child filings, and 50k parent filings all pursue Adjustment of Status through the USCIS Agency. These filings are riddled with RFEs, experience 1-5 years processing times, denials on eligibility for part or all of the filings and supplemental filings, and straight-up confusion. Some of the most common issues affecting eligibility are as follows: US Citizen has a low taxable income affecting sponsorship Immigrant has a visa violation(s) affecting inadmissibility The underlying relationship ends and US Residence ceases A consult with an immigration attorney can help alleviate this concern. Alternatively, our office has some guides to target eligibility: https://www.fickeymartinezlaw.com/immigration/can-i-apply-for-a-j1-waiver-simultaneously-with-my-green-card-filing https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/understanding-adjustment-of-status-movements-around-the-nation-raleigh-durham-processing https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage https://www.fickeymartinezlaw.com/immigration/va-disability-and-us-immigration https://www.fickeymartinezlaw.com/immigration/i-864-self-employment-and-business-ownership https://www.fickeymartinezlaw.com/immigration/i-864-sponsorship-how-is-ssi-and-ssdi-assessed Topic: Supporting Documents Supporting documents are mandatory with any USCIS Filing. The main documents not normally provided are: valid birth certificates with english translation proof of relationship proof of financials/income/taxes A consult with an immigration attorney can help alleviate this concern. Alternatively, our office has some resources to target eligibility: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends https://www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates Topic: Form Editions DO NOT rely on the expiration date on the top right corner of the USCIS Forms. DO NOT! The USCIS Forms almost always state a form is valid for 2 years after creation. However, some forms can update ever 6-12 months. Check the the USCIS Website, regarding the specific form and the edition date information (as it will also state if prior editions are still be accepted). Where do you verify the USCIS Filing Fee? The G-1055 is the main source to verify USCIS Filing Fees. Conclusion If you have addressed the above three topics, you are ready to re-submit. If you receive a second rejection, it is time to probably consult with an immigration attorney. Just know, USCIS Filing Fees, for instance the $2955 for a full AOS Filing, are expensive. If the AOS is ultimately denied, paying the fees a second time will feel more painful. Our office has frequently assisted with filers that have been denied once, twice, three time in the past. If you'd like to schedule a consultation with an immigration attorney, consider our office. We can assist regardless of state you country you reside in. Our office/attorney Biography can be seen here: https://www.fickeymartinezlaw.com/team Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Recent Blog Posts
This post will target how many J1 Teachers are in the US, that come from Colombia. Since the J1 Teacher Program can be extended to 5 years, this post will do a 5-year lookback.
This post will cover one of the most common questions a J1 has, would the J1 Waiver permit employment? In short, the answer depends on the J1 Visa being Waived. A J1 can still work during their DS-2019 Authorized Period, with the same employer, and the same position. If the Sponsor DOES NOT terminate the J1 Status in the Government System, employment is still authorized. So, the Waiver would not stop employment, but it does not in of itself permit the employment. This is an important distinction, because others might see J1 Working, and they might misperceive the waiver authorizing it. If the DS-2019 is expiring or has already expired, the J1 Waiver DOES NOT grant: employment authorization driver's license renewal international travel In other words, the J1 Waiver is NOT A STATUS to remain in the US, that is what the J1 Visa does. The Waiver, at its core, is merely a process to BREAK a previous agreement to return abroad (home country) for a minimum of two years. Once the Waiver is approved, the J1 is able to seek a different immigration status, such as: Immigrate to the US (acquire Lawful Permanent Residence or Green Card) either through the I-485 Adjustment of Status process or the DS-260 Consular Process K-1 Fiance Visa H Employment Visa L Employment Visa If working beyond the J1 Visa and without employment authorization, most are ineligible for Employment Visas, and Green Card immigration filings may be barred or deemed inadmissible for I-9 Fraud. More information about the J1 Waiver can be seen on our website . If you are in need of J1 Waiver Assistance, please feel free to contact our office for a Consultation . Related Blog Posts: https://www.fickeymartinezlaw.com/colombian-j1-no-objection-statement-nos-waiver-explained https://www.fickeymartinezlaw.com/my-ds-2019-is-blank-how-do-i-know-if-i-am-subject-to-the-j1-212e-2-year-home-residency-requirement https://www.fickeymartinezlaw.com/j1-waiver-statistics-and-approval-rating Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
¡Cómo la bancarrota afecta la inmigración y la naturalización! La quiebra puede ser un proceso muy confuso, muy parecido a la inmigración. Las preguntas más comunes son: ¿Tengo que ser ciudadano estadounidense para declararme en quiebra? ¿La bancarrota afectará mi estatus migratorio? ¿Puede un inmigrante indocumentado declararse en quiebra? ¿Puede la quiebra afectar mi solicitud de ciudadanía? En general, una declaración de quiebra no afectaría una declaración de inmigración. La bancarrota está disponible para ciudadanos estadounidenses y no estadounidenses (como residentes permanentes legales, titulares de DACA, titulares de TPS e incluso inmigrantes indocumentados). Para declararse en quiebra, debe decir toda la verdad. La información proporcionada en la presentación debe ser precisa y su número de Seguro Social o ITIN debe ser exacto y suyo. Por lo tanto, cualquier persona que tenga una tarjeta de seguro social legal emitida por el gobierno o un ITIN puede declararse en quiebra. ¿Cuándo puede la quiebra afectar una presentación de inmigración, como el ajuste de estatus o la naturalización? El hecho de declararse en quiebra no afectaría una presentación de inmigración; sin embargo, el fraude, el perjurio y la tergiversación pueden descalificar a un inmigrante para un beneficio de inmigración por motivos de tergiversación o de mal carácter moral. Aquí hay algunos escenarios posibles donde las acciones de quiebra incorrectas pueden dañar una presentación de inmigración: Un declarante de bancarrota inmediatamente solicita una tarjeta de crédito con la completa intención de presentar el Capítulo 7 de Bancarrota para saldar la nueva deuda. En este escenario se puede denegar la quiebra y se puede considerar que el declarante tiene un carácter moral deficiente, lo que puede denegar una solicitud de naturalización o impedir una tarjeta verde en una presentación de ajuste de estatus. Un declarante de quiebra utilizó una tarjeta/número de Seguro Social falso, robado o adquirido de manera fraudulenta. Este acto sería una forma de perjurio, que puede negar una solicitud de naturalización o impedir una Tarjeta Verde en una solicitud de Ajuste de Estatus. [Nota: el hecho de que una Tarjeta de Seguro Social sea real no significa que haya sido adquirida legalmente. El uso de documentos falsos o una presentación de inmigración fraudulenta puede ser tan malo como que la tarjeta de Seguro Social sea falsa o robada. Un declarante de quiebra es indocumentado y utiliza múltiples números sociales, ITIN y otros números del IRS para falsificar presentaciones 1099 y tergiversar los ingresos sujetos a impuestos en una declaración de impuestos. Este perjurio con respecto a los ingresos invalidaría cualquier declaración de quiebra y puede negar una presentación de naturalización o impedir una tarjeta verde en una presentación de ajuste de estatus. Si tengo una inquietud, ¿con quién debo hablar: un abogado de inmigración o un abogado de quiebras? En caso de duda, lo mejor sería hablar con ambos tipos de abogados. Alternativamente, Nuestra oficina maneja tanto Inmigración como Bancarrota . Por lo tanto, seríamos una "ventanilla única" y determinaríamos sus derechos y evaluaríamos sus riesgos. Descargo de responsabilidad: El abogado o el editor del bufete de abogados pone a disposición este blog únicamente con fines educativos, así como para brindarle información general y una comprensión general de la ley, no para brindar asesoramiento legal específico. Al utilizar este sitio de blog, usted comprende que no existe una relación de abogado-cliente entre usted y el editor del blog/sitio web. El Blog no debe utilizarse como sustituto del asesoramiento legal competente de un abogado profesional autorizado en su estado.
This post will target how many J1 Teachers are in the US, that come from Colombia. Since the J1 Teacher Program can be extended to 5 years, this post will do a 5-year lookback.
This post will cover one of the most common questions a J1 has, would the J1 Waiver permit employment? In short, the answer depends on the J1 Visa being Waived. A J1 can still work during their DS-2019 Authorized Period, with the same employer, and the same position. If the Sponsor DOES NOT terminate the J1 Status in the Government System, employment is still authorized. So, the Waiver would not stop employment, but it does not in of itself permit the employment. This is an important distinction, because others might see J1 Working, and they might misperceive the waiver authorizing it. If the DS-2019 is expiring or has already expired, the J1 Waiver DOES NOT grant: employment authorization driver's license renewal international travel In other words, the J1 Waiver is NOT A STATUS to remain in the US, that is what the J1 Visa does. The Waiver, at its core, is merely a process to BREAK a previous agreement to return abroad (home country) for a minimum of two years. Once the Waiver is approved, the J1 is able to seek a different immigration status, such as: Immigrate to the US (acquire Lawful Permanent Residence or Green Card) either through the I-485 Adjustment of Status process or the DS-260 Consular Process K-1 Fiance Visa H Employment Visa L Employment Visa If working beyond the J1 Visa and without employment authorization, most are ineligible for Employment Visas, and Green Card immigration filings may be barred or deemed inadmissible for I-9 Fraud. More information about the J1 Waiver can be seen on our website . If you are in need of J1 Waiver Assistance, please feel free to contact our office for a Consultation . Related Blog Posts: https://www.fickeymartinezlaw.com/colombian-j1-no-objection-statement-nos-waiver-explained https://www.fickeymartinezlaw.com/my-ds-2019-is-blank-how-do-i-know-if-i-am-subject-to-the-j1-212e-2-year-home-residency-requirement https://www.fickeymartinezlaw.com/j1-waiver-statistics-and-approval-rating Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
¡Cómo la bancarrota afecta la inmigración y la naturalización! La quiebra puede ser un proceso muy confuso, muy parecido a la inmigración. Las preguntas más comunes son: ¿Tengo que ser ciudadano estadounidense para declararme en quiebra? ¿La bancarrota afectará mi estatus migratorio? ¿Puede un inmigrante indocumentado declararse en quiebra? ¿Puede la quiebra afectar mi solicitud de ciudadanía? En general, una declaración de quiebra no afectaría una declaración de inmigración. La bancarrota está disponible para ciudadanos estadounidenses y no estadounidenses (como residentes permanentes legales, titulares de DACA, titulares de TPS e incluso inmigrantes indocumentados). Para declararse en quiebra, debe decir toda la verdad. La información proporcionada en la presentación debe ser precisa y su número de Seguro Social o ITIN debe ser exacto y suyo. Por lo tanto, cualquier persona que tenga una tarjeta de seguro social legal emitida por el gobierno o un ITIN puede declararse en quiebra. ¿Cuándo puede la quiebra afectar una presentación de inmigración, como el ajuste de estatus o la naturalización? El hecho de declararse en quiebra no afectaría una presentación de inmigración; sin embargo, el fraude, el perjurio y la tergiversación pueden descalificar a un inmigrante para un beneficio de inmigración por motivos de tergiversación o de mal carácter moral. Aquí hay algunos escenarios posibles donde las acciones de quiebra incorrectas pueden dañar una presentación de inmigración: Un declarante de bancarrota inmediatamente solicita una tarjeta de crédito con la completa intención de presentar el Capítulo 7 de Bancarrota para saldar la nueva deuda. En este escenario se puede denegar la quiebra y se puede considerar que el declarante tiene un carácter moral deficiente, lo que puede denegar una solicitud de naturalización o impedir una tarjeta verde en una presentación de ajuste de estatus. Un declarante de quiebra utilizó una tarjeta/número de Seguro Social falso, robado o adquirido de manera fraudulenta. Este acto sería una forma de perjurio, que puede negar una solicitud de naturalización o impedir una Tarjeta Verde en una solicitud de Ajuste de Estatus. [Nota: el hecho de que una Tarjeta de Seguro Social sea real no significa que haya sido adquirida legalmente. El uso de documentos falsos o una presentación de inmigración fraudulenta puede ser tan malo como que la tarjeta de Seguro Social sea falsa o robada. Un declarante de quiebra es indocumentado y utiliza múltiples números sociales, ITIN y otros números del IRS para falsificar presentaciones 1099 y tergiversar los ingresos sujetos a impuestos en una declaración de impuestos. Este perjurio con respecto a los ingresos invalidaría cualquier declaración de quiebra y puede negar una presentación de naturalización o impedir una tarjeta verde en una presentación de ajuste de estatus. Si tengo una inquietud, ¿con quién debo hablar: un abogado de inmigración o un abogado de quiebras? En caso de duda, lo mejor sería hablar con ambos tipos de abogados. Alternativamente, Nuestra oficina maneja tanto Inmigración como Bancarrota . Por lo tanto, seríamos una "ventanilla única" y determinaríamos sus derechos y evaluaríamos sus riesgos. Descargo de responsabilidad: El abogado o el editor del bufete de abogados pone a disposición este blog únicamente con fines educativos, así como para brindarle información general y una comprensión general de la ley, no para brindar asesoramiento legal específico. Al utilizar este sitio de blog, usted comprende que no existe una relación de abogado-cliente entre usted y el editor del blog/sitio web. El Blog no debe utilizarse como sustituto del asesoramiento legal competente de un abogado profesional autorizado en su estado.
The Colombian J1 No Objection Statement (NOS) Waiver Process is unique. Every Country has a different process, timeline, eligibility, and required documentation. This post will specifically cover Colombia's process. For starters, there are unrestricted and restricted J1 Professionals. The Restricted Professionals are generally: J1 Teacher J1 Professor J1 Instructor J1 Specialist J1 Researcher J1 Physician J1 Intern J1 Trainee J1 Summer Camp Counselor J1 University Student (Undergraduate, Graduate, and Professional / Doctoral) It is these professionals that this waiver explanation will assist the most. This explanation will be broken into parts. Part 1: Why listen to this Post or this Immigration Attorney? Personally, the Attorney married a J1 Teacher and filed for a No Objection Statement Waiver. So, on a personal level, the Attorney has been in the same shoes as many spouses trying to spend their life with a J1 Professional that was originally required to return home/abroad for 2 years (the 2-year home residency requirement). Professionally, the law firm assists J1 Professionals on a weekly basis, and has nearly a decade of experience SPECIFICALLY with Colombian No Objection Statement Waivers. The Attorney and Team biographies can be seen here: https://www.fickeymartinezlaw.com/team Part 2: How can I Clearly Determine whether I am Restricted by the J1 Visa? (aka 212e Specials Skills List or Subject to the 2 year Home Residency Requirement) With any waiver discussion, determining the need for the waiver is important. Generally, if you are a J1 Professional from Colombia mentioned above, you are LIKELY SUBJECT. If the J1 Visa and DS-2019 state you are subject, then you are subject. A much deeper dive into this subject can be seen in the following posts: The DOS Waiver Review Division Advisory Opinion: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion When the DS-2019 is blank (Common Issue): https://www.fickeymartinezlaw.com/my-ds-2019-is-blank-how-do-i-know-if-i-am-subject-to-the-j1-212e-2-year-home-residency-requirement An Advisory Opinion is a service our law firm assists with. A consultation with an immigration attorney may also be beneficial. Part 3: Why and When do you need the J1 Waiver? The Purpose of the J1 Waiver is to allow the professional to: acquire permission to NOT return home for 2 years be able to seek a different immigration status: Immigrate to the US (acquire Lawful Permanent Residence or Green Card) either through the I-485 Adjustment of Status process or the DS-260 Consular Process K-1 Fiance Visa H Employment Visa L Employment Visa The Waiver is REQUIRED BEFORE you are able to apply for the above-mentioned immigration statuses. Emphasis on BEFORE, meaning the waiver must be approved by the DOS and USCIS, before DOS and USCIS would allow for a change in immigration status. Now, it is important to note, other visa types/immigration statuses are NOT Restricted by the J1 Visa, such as: F1 Student Visa R1 Religious Worker Visa B1/B2 Tourist Visa Some Guidance on the R1 Option for J1 Teachers can be seen here: https://www.fickeymartinezlaw.com/r1-visa-for-school-teachers-at-religious-private-schools-an-alternative-to-the-h-1b-visa FINAL POINT ON THIS TOPIC, as many forget, if the F1/R1/B1/B1 visa holder aims to EVER APPLY FOR AND RECEIVE a Green Card or Fiance Visa or H/L Employment Visa, the J1 Restrict MUST EITHER BE: Satisfied by returning to the home country for 2 years Waived by the DOS Part 4: Waiver Breakdown Overview The NOS Waiver process is broken into 2 packets and 3 phases. PHASE 1: Initiating Packet 1: The DOS DS-3035 Waiver Recommendation Application is an electronic filing that auto-generates the forms, statement of reason, and list of required documents. A Third-Party Barcode Page is created along with a case number. The Barcode Page is required for Packet 2 and the case number allows for status updates in the DOS System. The filing DOES NOT APPEAR in the DOS System until the file is received at DOS with payment. Once a DS-3035 Packet is created, it cannot be edited afterwards. Any new corrections usually lead to a new case/case number being generated. Packet 2: The Colombian NOS Application is filed with the Colombian Embassy. The Colombian Instructions/process can be located here: https://www.colombiaemb.org/post/how-to-obtain-a-no-objection-letter-at-the-embassy-of-colombia-in-usa It is important to note, the Colombian Government updates the NOS Policies, Procedures, Payments, and NOS Application every year around September 1st. Phase 2: Processing Packet 2 might be called packet 2 in the explanation, but it is the first that MUST BE PROCESSED. Colombia must not object, create the No Objection Statement, and send that statement to the DOS to merge into Packet 1. Once Packet 1 receives the Colombian No Objection Statement, that is when they begin processing the DS-3035. The DOS will either request documentation, deny, or issue a favorable recommendation. Phase 3: Finalizing/Recording in the Government System If DOS issues a Favorable Recommendation, the file (merge of packet 1 and packet 2) is then submitted to USCIS, USCIS issues an I-612 Receipt Notice, and then USCIS issues an I-612 Approval Notice. An I-612 Approval Notice is the full completion of the J1 Waiver Process. Part 5: Documents Our office provides the following recommendation of Documents: Birth Certificates for the J1, any children, and spouse [Note: If Colombian , Birth Certificate MUST be Front and Back, from the Civil Registry. More Guidance found here: https://www.fickeymartinezlaw.com/immigration/consular-processing/us-immigration-requirements- colombia -birth-marriage-divorce-and-police-certificates/ ] Translation of Foreign Birth/Marriage/Divorce Certificates, if not in English (recommend Military One Source or Montesino Translation ) Your Marriage Certificate, if married Your Divorce Certificate, if divorced Prior Spouse’s Death Certificate, if prior spouse died during marriage Any Foreign Passport Any US Visas Any US Passport Any US Driver’s License I-94 Lawful Entry Record ( Found on CBP Website ) ALL DS-2019 ever issued (for J1/J2) Any Cedula Cards Part 6: Processing Times and When to Start The Colombian Embassy Processes the NOS Application within 1-4 months. (aka packet 2) The DOS Processes the DS-3035 AFTER receiving the No Objection Statement within 2-5 months. (aka packet 1) USCIS processes and records the I-612 Waiver filing within 1-2 months. If you require the waiver for an H-1B Filing or Adjustment of Status filing next year, you may want to start early. For instance, if a J1 public school teacher begins the waiver process in August, receives the NOS in October, is Favorably Recommended by the DOS in February the following year, and is I-612 approved in March or April. If you are interested in learning more about our law firm J1 Services, we welcome you to visit our website. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
What happens when a J1 Professional Loses a prior DS-2019? This topic is a common occurrence as J1 Professionals, such as teacher, doctors, and scholars, begin to prepare for the J1 Waiver Process (i.e. No Objection/NOS, Exceptional Hardship, IGA, CONRAD 30, or Persecution). As a RULE OF THUMB, every DS-2019 MUST BE PROVIDED in any J1 Waiver Process. Now, things do get lost over time and not everyone scans, takes a photo of, or copies a DS-2019. The DOS Waiver Review Division is aided by the Prior J1 Visa and CBP Stamps. The DOS WRD Officer normally provide the following guidance on this topic: You must contact Responsible Officer/Agency that Sponsored the J1 Visa and issued the original DS-2019, to request them to issue a letter (aka Certificate of Participation) including: Sevis Number (present on J1 Visa) Name of Program Sponsor (present on J1 Visa) Program Number (present on J1 Visa) Purpose of Attending Program (present on J1 Visa) Dates From/To Complete of Program Final Information (must) Subject Code Name of Responsible Officer Title of Responsible Officer Address and Phone Number of Responsible Officer The Responsible Officer/Agency are generally able to assist in providing the "Certificate of Participation/DS-2019 Alternative Letter" and such letters can normally be provided within 2-3 business days. Apart from the DOS WRD Officer's normal guidance, our office normally recommends: The letter be on company letterhead The letter be dated and signed with wet-ink (not a digital signature) The letter clearly state that a duplicate DS-2019 cannot be provided to the J1 as the only copy was previously provided to the J1, but for the DOS RWD Officer to request the alternative document, containing the above recommended information If you have questions or need assistance with the J1 Waiver Process, please schedule a consultation with our immigration attorney. Visit our J1 Waiver Page for more information: https://www.fickeymartinezlaw.com/practice-areas/j1-visa-waiver Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The National Visa Center (NVC) begins their case processing when the I-130 Petition is approved. The NVC is an extremely efficient agency, extremely efficient. The NVC Goal is to quickly prepare, review, and accept information and documents necessary for the future Immigrant Visa Interview. The "Notice of Visa Case Creation" usually occurs within 24-48 hours, as most I-130 Petitions were Electronically submitted or were an electronically managed filing at USCIS with an "IOE" Case Number. The NVC normally emails their "welcome letter" in the form of the Notice of Visa Case Creation email; however, the NVC can also mail a welcome letter, which is more common for Family Preference filings versus Immediate Relative filings. NVC Focuses: Accept Visa Payments Provide and Review the DS-260 Visa Application Review, Conform to Consular Standards, and Accept the Sponsor's Financial Documents and I-864 Affidavit of Support Review, Conform to Consular Standards, and Accept the Immigrant's Civil Documents, paying close attention to: Police Certificate Marriage, Divorce, and Birth Certificates Bona Fide Marriage or Family Relationship proof (aka Continued Relationship Evidence) Passport Style Photo Prior Military Service Evidence Court and Prison Records, if anything exists NVC Timelines are posted online: The NVC timelines can be located here: https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html What Happens AFTER the NVC Processing: The NVC Documentarily Qualified Notice and the Immigrant Visa process are explained separately (in great detail) in the following blog posts: https://www.fickeymartinezlaw.com/immigration/consular-processing/nvcs-documentarily-qualified-status-notice-what-happens-next https://www.fickeymartinezlaw.com/immigration/consular-processing/immigrant-visa-interview-scheduled-what-to-focus-on-now-and-in-what-order Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
My DS-2019 is blank! How Do I know If I am Subject to the J1 212e 2-Year Home Residency Requirement?
Many J1 Professionals rely on the DS-2019 for determining whether they are subject to the 2-year home residency requirement. However, the DS-2019 can be incorrect or INCOMPLETE. This post will specifically target the common Blank DS-2019 questions/issues. Many look at their MOST RECENT DS-2019 (applicable for the professionals that have received 2-5 DS-2019s, and almost 99% of the time, the "Preliminary Endorsement of Consular or Immigration officer regarding section 212(e)" section is blank . This section, near the bottom left side, has two options: Not subject to the two-year residence requirement Subject to two-year residence requirement For many, when they see that it is blank, they assume that they ARE NOT SUBJECT. However, that would be a mistake. The best indicators are: The FIRST DS-2019, as that is almost always completed and provided to the J1 for Visa Processing overseas The J1 Visa annotates whether subject or not Common DS-2019 ERROR Scenarios The J1 lost/misplaced the prior DS-2019, but would rely on the DS-2019 Extension because it covers the same time period. This is a bad assumption as many subsequent DS-2019s would update the "start date" and the "end date." The "Start Date" is usually updated to the date of Entry into the US versus the first possible date you could have entered for purposes of acquiring the J1 Visa sooner. The J2 DS-2019s NEVER stated subject. So, the J1 must also match them right? No, never assume the dependents status, annotations, or DS-2019 reflect correct information for the J1. The J2 DS-2019s NEVER stated subject, but the J1 is/was subject. This is a common error. If the J1 Professional is/was subject, the J2 100% MUST also be subject. The DS-2019 and J1 Visa state "NOT SUBJECT," but you know another J1 from the same country, same profession, same J1 Sponsoring Agency, and same Subject/Field Code. Errors happen, and "assuming you slipped through the cracks" can be costly. So, how can I be certain in determining whether I am Subject or Not Subject? An Advisory Opinion from the DOS Waiver Review Division is 100% reliable. If that division states you are Subject, then you are Subject. If they state that you are NOT Subject, then you are now and will always be NOT Subject. The Advisory Opinion is a FREE process, it does not "constitute a waiver" (as some J1 Visa Holders are afraid to violate the terms of their employment contract), and it processes in about 1-2 months. How can an Immigration Attorney Help? An Attorney can assist with the Advisory Opinion as that is a service our office provides and an estimate can be found on our J1 Waiver Page ; however, an Attorney can also explain: Timelines Document Requirements Feasibility of a future plan End Goal of either an employment visa or immigration with a Green Card Related Blog Posts: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion https://www.fickeymartinezlaw.com/immigration/can-i-apply-for-a-j1-waiver-simultaneously-with-my-green-card-filing Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This Blog Post will cover the topic that receives "mixed reviews" from J1 Physicians: the CONRAD 30 WAIVER PROGRAM. A Physician that has the J1 2-year Home Residency Requirement (aka Restriction) has generally heard about this waiver option. Some Physicians like the program because progresses their career and keeps them in the United States, which can pay higher or have better benefits that abroad. However, other may dislike it because: Rural Living/Placement Lower Pay from current area of employment Less opportunities for J2 Family Members The State they DO WANT TO LIVE IN has already capped out the CONRAD 30 Positions Now, CONRAD 30 is an option, and the reality is: IT IS AN UNDERUSED OPTION. Common medical professionals, such as (not an exhaustive list): Anesthesiologist Cardiologist Family physician Gastroenterologist Neurologist Obstetrician/gynecologist (OBGYNs) Oncologist Pediatrician Radiologist Surgeon Urologist May want to reconsider this J1 Waiver Option. The CONRAD 30 does have three (3) main requirements, which give the most concern to Physicians: MUST acquire a NO OBJECTION STATEMENT from their home country (this is something our office has assisted with for nearly a decade), BUT doctors are a prized commodity and the foreign government may really really really want you to return. MUST sign a contract and MUST thereafter complete 3 years under the H-1B Program from the Health Department or Rural Placement. MUST complete the other CONRAD 30 Program Requirements. The Numbers: The Term/Title: UNDERUSED, that was not an exaggeration or play on words. Statistically, of the 1500 Conrad 30 Positions available every year, only 880 to 1167 (statistics taken over a 5 year period). CONRAD 30 is generally unable to place 1/3 of its available positions with Physicians. ( Source ) As an Immigration Law Firm that assists many types of J1 Professionals, I would recommend looking at the less "frequented" states. Colorado , a beautiful state with nearly 6 million people ALMOST NEVER FILLS THEIR CONRAD 30 POSITIONS. If I was a J1 Physician, and I was heavily considering this J1 Waiver, I would go to a place where there is no competition, like Colorado . (Opinion of an immigration attorney). Here is a link to help guide you . In reality, 1/3 of the positions are available/unused. If a J1 physician needs a waiver, maybe consider looking outside of your geographical area because opportunities are available, if you look elsewhere. If you have questions or need assistance with the No objection Statement, please schedule a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This blog post will cover the two main waiver types common for J1 Public School Teachers: No Objection Statement (NOS) and Exceptional Hardship. What many don't know are the actual statistics for J1 Visa Holders. Some might look at the below DOS Waiver Review Statistics, and think, I have a GREAT chance for success:
With the USCIS Fee Increases that occurred on April 1, 2024, USCIS Filings will be rejected, refused, returned to unknowing filers. The filings will be returned with a template letter stating template-terms such as: Incorrect Fee Payment Incorrect Form Editions Insufficient Funds The fact of the matter would be that the USCIS Filing is rejected and the new fee would be required. The next question is: what should you do next? Should you look online and pay the new fees? Our office would recommend stepping back and reviewing the entire filing. Eligibility must be confirmed. Supporting documents must be confirmed. Form Editions must be confirmed. These topics will be discussed below. Topic: Eligibility Most (Minor) USCIS Filings are now available online at USCIS.GOV. The online system does a great job at screening eligibility and raising red flags when something is amiss. However, the paper filings do not have the same luxury. Over 550,000 applicants file for the (Major) I-485 Adjustment of Status each year. Over 50k spousal filings, 15k fiance filings, 3k child/step-child filings, and 50k parent filings all pursue Adjustment of Status through the USCIS Agency. These filings are riddled with RFEs, experience 1-5 years processing times, denials on eligibility for part or all of the filings and supplemental filings, and straight-up confusion. Some of the most common issues affecting eligibility are as follows: US Citizen has a low taxable income affecting sponsorship Immigrant has a visa violation(s) affecting inadmissibility The underlying relationship ends and US Residence ceases A consult with an immigration attorney can help alleviate this concern. Alternatively, our office has some guides to target eligibility: https://www.fickeymartinezlaw.com/immigration/can-i-apply-for-a-j1-waiver-simultaneously-with-my-green-card-filing https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/understanding-adjustment-of-status-movements-around-the-nation-raleigh-durham-processing https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage https://www.fickeymartinezlaw.com/immigration/va-disability-and-us-immigration https://www.fickeymartinezlaw.com/immigration/i-864-self-employment-and-business-ownership https://www.fickeymartinezlaw.com/immigration/i-864-sponsorship-how-is-ssi-and-ssdi-assessed Topic: Supporting Documents Supporting documents are mandatory with any USCIS Filing. The main documents not normally provided are: valid birth certificates with english translation proof of relationship proof of financials/income/taxes A consult with an immigration attorney can help alleviate this concern. Alternatively, our office has some resources to target eligibility: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends https://www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates Topic: Form Editions DO NOT rely on the expiration date on the top right corner of the USCIS Forms. DO NOT! The USCIS Forms almost always state a form is valid for 2 years after creation. However, some forms can update ever 6-12 months. Check the the USCIS Website, regarding the specific form and the edition date information (as it will also state if prior editions are still be accepted). Where do you verify the USCIS Filing Fee? The G-1055 is the main source to verify USCIS Filing Fees. Conclusion If you have addressed the above three topics, you are ready to re-submit. If you receive a second rejection, it is time to probably consult with an immigration attorney. Just know, USCIS Filing Fees, for instance the $2955 for a full AOS Filing, are expensive. If the AOS is ultimately denied, paying the fees a second time will feel more painful. Our office has frequently assisted with filers that have been denied once, twice, three time in the past. If you'd like to schedule a consultation with an immigration attorney, consider our office. We can assist regardless of state you country you reside in. Our office/attorney Biography can be seen here: https://www.fickeymartinezlaw.com/team Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
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