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O casamento e a idéia de casar podem ser emocionantes. Você precisa decidir se um casamento na corte seria suficiente ou se um casamento na igreja é preferido. Você deve considerar quem convidar e a se a família pode participar. Quando um cidadão americano está pensando em pedir sua(o) namorada(o) estrangeira(o) em casamento, você deve considerar o que acontece a seguir… o processo de imigração.

Ajuste de status (AOS): Quais são os requisitos comuns de qualificação?

O ajuste de status, também conhecido como AOS, é o processo de imigração que ocorre quando alguém está nos Estados Unidos. Para se qualificar para o AOS, são necessários os seguintes requisitos básicos:

O uso de um visto de não-imigrante para fins de imigração é ilegal. Existem riscos de negação, multas e deportação.

Considere cuidadosamente os riscos de imigrar através de um visto de não-imigrante, como um visto de turista ou ESTA

Como alguém chegou aos Estados Unidos é importante.

O uso indevido de um visto pode correr o risco de fraude. A imigração tem uma política/diretriz chamada Regra dos 30/60 Dias (também conhecida como Regra dos 30/60/90 Dias) e Regra dos 90 Dias. Se o uso indevido ou a intenção do imigrante for encontrado nos primeiros 30, 60 ou 90 dias após a entrada, o uso do visto de não-imigrante seria punível com multa e a deportação é uma possibilidade.

Exceções comuns que podem permitir a imigração usando o visto de turista ou o ESTA

A imigração pode permitir um ajuste de status quando nenhuma fraude ocorreu e a vida acaba acontecendo.

Se você tiver alguma dúvida, converse com um advogado de imigração local ou entre em contato com nosso escritório Fickey Martinez Law Firm P.L.L.C. para agendar uma consulta.

Posts do blog relacionados:

Isenção de responsabilidade: este blog é disponibilizado pelo advogado ou editor desse escritório de advocacia apenas para fins educacionais, bem como para fornecer informações gerais e uma compreensão geral da lei, e não para fornecer aconselhamento jurídico específico. Ao usar este site, você entende que não há relacionamento advogado-cliente entre você e o editor do Site / Blog. O Blog não deve ser usado como um substituto para aconselhamento jurídico competente de um advogado profissional licenciado em seu estado.

The post Posso pedir a minha namorada em casamento enquanto ela está aqui nos EUA com um visto de turista ou com o ESTA? appeared first on Fickey Martinez Law Firm .

O que acontece se um processo I-751 for negado?

Mon, 03 Feb 2025 15:00:00 GMT

Essa é uma preocupação comum para o I-751:

O que acontece se meu I-751 baseado em casamento for negado?
O que acontece se meu I-751 baseado em divórcio for negado?
O que acontece se meu I-751 Waiver for negado?

A resposta curta: se um I-751 for negado, isso levará a um “Notice to Appear at Deportation Court” (NTA) ou carta de aviso para comparecer no Tribunal de Deportação.

No passado, o aviso do tribunal de deportação demorava a chegar; no entanto, em 2018, está sendo esperado de imediato ou logo após a negação de um I-751. Se um aviso não for recebido, pode ter sido um problema de “correspondência ou entrega”, e o aplicante recusado deve procurar um advogado de imigração o mais rápido possível.

Ao longo dos anos, minha prática foi resubmeter o I-751 o mais rápido possível, para que a jurisdição permaneça no USCIS e não seja transferida para o EOIR Tribunal de Deportação. No entanto, após a alteração da política de 2018, essa “opção de resubmissão” pode não estar mais disponível. No entanto, cada caso é diferente e o USCIS pode ter negado um I-751 por vários motivos, como:

Falha ao atualizar seu endereço com o USCIS
Deixar de comparecer a uma entrevista agendada
Deixar de fornecer um documento comprovativo necessário, como uma certidão de divórcio
Deixar de fornecer provas de casamento de boa fé depois de receber o Green Card através do casamento
Falha ao submeter o I-751 em tempo hábil, antes da janela de 90 dias ou bem após a expiração do cartão
Falha ao escolher a categoria de Waiver adequada

A lista continua, mas uma negação pode ser processual e não se concentrar na “substância” do seu caso. É melhor falar com um advogado de imigração após uma negação para descobrir qual é a melhor opção para o seu caso.

Se você deseja entrar em contato com nosso escritório para obter assistência de imigração, entre em contato com Fickey Martinez Law Firm, P.L.L.C. para marcar uma consulta com nosso advogado de imigração.

Isenção de responsabilidade: este blog é disponibilizado pelo advogado ou editor do escritório de advocacia apenas para fins educacionais, bem como para fornecer informações gerais e uma compreensão geral da lei, não para fornecer aconselhamento jurídico específico. Ao usar este site, você entende que não há relacionamento advogado-cliente entre você e o editor do Site / Blog. O Blog não deve ser usado como um substituto para aconselhamento jurídico competente de um advogado profissional licenciado em seu estado.

The post O que acontece se um processo I-751 for negado? appeared first on Fickey Martinez Law Firm .

¿Qué sucede si se rechaza una presentación I-751?

Sat, 01 Feb 2025 15:00:00 GMT

https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/understanding-i-129f-petition-fiance-visa-movements-around-the-nation

Esta es una preocupación común para la I-751:

¿Qué sucede si se deniega mi I-751 por matrimonio?
¿Qué sucede si se niega mi presentación de divorcio I-751?
¿Qué sucede si se niega mi exención I-751?

La respuesta corta: si se niega un I-751, dará lugar a una NTA o Aviso de comparecencia en el tribunal de deportación.

En el pasado, el aviso de la corte de deportación tardó en llegar; sin embargo, en 2018, se espera el Aviso al mismo tiempo o muy pronto después de que se niegue un I-751. Si no se recibe un aviso, pueden haber sido un problema de “envío o entrega”, y un solicitante denegado debe buscar un abogado de inmigración lo antes posible.

A lo largo de los años, mi práctica ha sido volver a llenar el I-751 lo antes posible para que la jurisdicción permanezca con el USCIS y no se transfiera al Tribunal de Deportación EOIR. Sin embargo, después del cambio de política de 2018, esa “opción de volver a presentar” puede que ya no esté disponible. Sin embargo, cada caso es diferente y el USCIS puede haber denegado un I-751 por varias razones, como:

No actualizar su dirección con USCIS
No aparecer en una entrevista programada
No proporcionar un documento de respaldo necesario, como un certificado de divorcio
No proporcionar evidencia de matrimonio de buena fe después de recibir la tarjeta verde a través del matrimonio
No presentar la I-751 a tiempo, antes de la ventana de 90 días o mucho después de que expire la tarjeta
No elegir la categoría de exención adecuada

La lista continúa, pero una denegación puede ser procesal y no centrarse en la “sustancia” de su caso. Es mejor hablar con un abogado de inmigración después de una negativa para averiguar cuál es la mejor opción para su caso.

Si desea comunicarse con nuestra oficina para obtener asistencia de inmigración, comuníquese con Fickey Martinez Law Firm, P.L.L.C. para programar una consulta con nuestro abogado de inmigración.

Descargo de responsabilidad: El abogado o editor de un bufete de abogados pone a disposición este Blog solo con fines educativos, así como para brindarle información general y una comprensión general de la ley, no para proporcionar asesoramiento legal específico. Al usar este sitio de blog, usted comprende que no existe una relación abogado-cliente entre usted y el editor del Blog / Sitio web. El Blog no debe utilizarse como sustituto de asesoramiento legal competente de un abogado profesional con licencia en su estado.

The post ¿Qué sucede si se rechaza una presentación I-751? appeared first on Fickey Martinez Law Firm .

Just Received an Approved I-129F Petition: What to Expect Next?

Tue, 14 Jan 2025 15:27:00 GMT

The Approved I-129F Petition signifies the end of (probably) a long immigration process and the start of a (generally) more confusing consular process. Congratulations!!!! But, the journey is not over yet . . . . you are nearly at the halfway mark.

For starters, lets re-cap. The Fiance Visa Process is broken into 3 parts:

Part 1: I-129F Petition to recognize the relationship at USCIS
Part 2: DS-160 Visa Application and the promise to marry and I-134 Financially Support (The Actual K1 Visa Step)
Part 3: Enter the US, Marry within 90 days, Get a Social Security Card during the 60-day period at SSA, and Adjust your Status with USCIS

This Post will FOCUS primarily on the Transitionary Period between Part 1/Step 1 and Part 2/Step 2.

What does the I-129F Approval Notice Mean?

It means USCIS “qualified” the relationship to receive a K1 Visa. The USCIS Service Center (usually in California) would be mailing the Approval Notice to the US Citizen (and Attorney, if one is retained). Lastly, USCIS would state in the approval notice that they are transferring the filing to the NVC for further processing.

Below is a Diagram of the I-129F Mail/Transfer:

What does the NVC do in the Fiance Process?

First, if you look online about NVC Services, you may see that for immigrant visas the NVC:

However, although the K1 Fiance Visa is an immigrant visa, the NVC does NONE of the above-mentioned services. For the Fiance Visa Process, the NVC only:

COMMON RELATED QUESTIONS:

Is the K1 Fiance Visa really an Immigrant Visa?

Yes! You or your friends or even the Embassy/Consulate Staff MAY CALL IT a non-immigrant visa, you still MUST follow a multi-step process, it is NOT treated like a tourist visa, and you MUST perform the immigrant medical in order to receive the K1 Visa.

More thorough information can be found here: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/is-the-k1-fiance-visa-an-immigrant-or-non-immigrant-visa/

What is the IMBRA PAMPHLET?

EVERY Fiance must read the IMBRA PAMPHLET, link found here with multiple languages available: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/imbra-international-marriage-broker-regulation-action-and-the-k-1-visa-process/

What is an Immigrant Medical?

Every Embassy/Consulate has an Immigrant Visa Instruction Packet that provide the contact information and requirements to receive the immigrant medical. The instructions are provided right when the K1 Visa interview is scheduled, but can be found online easily.

Before performing the medical, it is beneficial to make sure the Immigrant is healthy, has vaccines up to date, and maybe should get a personal medical to make sure there are no STDs or TB concerns.

What is a Police Certificate?

It is required for every immigrant to provide their Police Certificate(s). Acquire Police Certificates/Clearances from any country resided in for more than 6 months after the age of 16.

The NVC provides more guidance: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

Should I do something with my taxes right now?

File taxes ASAP (if in a new tax year) since this is reviewed in the I-134 Affidavit of Support, and the Fiance visa process requires the Most up-to-date Tax Return and most recent W-2/1099.

Is the Foreign Passport Good to Go?

Make sure the Foreign Passport has at least 6 months available at the time of the interview. If the passport expires in about 2 years, it might be best to update the passport now.

Can I choose ANY US Embassy or Consulate for the Fiance Visa Interview?

No, you can ONLY attend an Embassy or Consulate with an Immigrant Division . For Example:

Can I request faster processing to get a Fiance Visa Interview quicker?

No, expedite requests are rare and the US Government would consider such a request if:

For example:

In terms of an Active Duty Service Member, if the Service Member HAS committed suicide attempts and is being medically discharged for PTSD or other psychological reasons, the bringing of a fiance (a positive influence) into the US quicker could make an argument for “Humanitarian Concerns.”

A filing CANNOT be expedited because:

Can I Track the Fiance Filing at the NVC?

NVC Case Status can be located here: https://ceac.state.gov/CEACStatTracker/Status.aspx

But, for the Fiance Visa, the status is 9 times out of 10, meaningless, because the NVC just encodes an NVC Number on the File and transfers the File, no processing actually occurs.

Can I Track the Fiance Filing at the US Embassy or Consulate?

No, After the filing leaves the NVC, you cannot “check” or “inquire” as to when an interview would occur. The Embassy or Consulate will process the filing in the order received. When the Embassy or Consulate is ready to interview, they WILL schedule the interview or invite you to schedule it yourself.

If you attempt to schedule an interview PRIOR to the Embassy Permitting, Complications may result or your consulate account could be frozen, possibly making further delays when the Embassy or Consulate is actually ready to interview you.

Can I contact the US Embassy or Consulate to Inquiry about my case?

No, you shouldn’t! This causes delays and helps no one. If the Embassy/Consulate CAN PROCESS YOUR FILING, they would be processing it and scheduling for interview.

The post Just Received an Approved I-129F Petition: What to Expect Next? appeared first on Fickey Martinez Law Firm .

What is better in 2025: K1 Fiance or CR1 Marriage?

Tue, 14 Jan 2025 15:10:51 GMT

This is a common topic a Family-based Immigration Attorney receives on a daily basis from US Citizen's considering their immigration options for a Foreign Fiance. The question can be posed in many different ways, for example:

Should we marry and pursue a CR-1 Spousal Visa?
Should be hold off on marriage and pursue the K-1 Fiance Visa?
What is fast: CR-1 or K1?
Which is better: CR-1 or K-1?
I want my partner in the US the Fastest, which route is better?

At the end of the day, you will need to understand the pros and the cons of both options. This article will dive into the K-1 topic focused on what 2025 may bring, while reviewing the past few years.

First, what do the numbers say?

K1 Visa issuance at the US Embassy/Consulates around the world has seen a nearly 50% DECREASE in K1 VISA ISSUANCES over the past 5 years. The Breakdown is as follows:

2019: 35,881

2020: 16,849

2021: 19,218

2022: 21,351

2023: 19,825

The Fiance Visa is less popular due to its processing time, overall handling abroad, and the slow Lawful Permanent Residence filing once in the US.

Second, how does the K-1's I-129F Petition compare to the CR-1 I-130 Petition?

Processing times can be seen here: https://egov.uscis.gov/processing-times/#mainContent

As of January 14, 2025, the I-129F processing time is between:

8 months and 12 months

As of January 14, 2025, the I-130 processing time is between:

16 months and 24 months

However, the process and processing times can be misleading. For instance, it is important to note that:

the I-129F is 100% paper-based whereas the I-130 is 100% electronic (electronic filings process better internationally and can see instance USCIS Processing improvements)
The NVC automatically assists in processing I-130 petitions whereas I-129F paper process and shipping internationally can take 2, 4, 6, 8, or 12 months. The NVC processing is NOT calculated in the USCIS I-129F or USCIS I-130 processing times mentioned above and in the above USCIS Link.
I-130 Petitions are prioritized higher at US Embassies and Consulates. So, if there are Spouses of US Citizens waiting to receive a Visa, they will get priority handling/scheduling before a Fiance of a US Citizen.
I-130 processing was 4-10 months in 2024, and the current estimate of 16-24 months has grown from the past year of USCIS Handling.

Third, is their a visual of how exactly a K-1 I-129F petition is handled by USCIS?

Yes, a picture says a thousand words. Our office put together a visual to help US Citizens see how an I-129F filing travels an average of 4000 miles across the US, before it is internationally shipped to a US Embassy or Consulate abroad.

More Information and Guides for K1 Visas:

Our office has guides for numerous countries, as every country has a slightly different requirement for K1 Visas. The most popular countries and the ones our office has seen and handled over the past decade are:

Philippines (In 2023, 3,404 of the 19,825 worldwide K1 Visa issuances were issued in the Philippines)
Brazil (In 2023, 768 of the 19,825 worldwide K1 Visa issuances were issued in Brazil)
Colombia (In 2023, 1,100 of the 19,825 worldwide K1 Visa issuances were issued in Colombia)

Now, there are many other countries our office has assisted with, but the 3 above are definitely common and compose of about 26.59% of the world's K1 Visa filings

Our office K1 fiance page can be seen here: https://www.fickeymartinezlaw.com/practice-areas/k-1-fiance-visa

If you would like to set up a Consultation to Speak with the Immigration Attorney, please feel free to contact our office.

 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.

¿Puedo proponerle matrimonio a mi novia mientras ella está aquí en los Estados Unidos con una Visa de Turista o ESTA?

Mon, 06 Jan 2025 15:09:00 GMT

[Leer Publicación en español] [Ler Post em Português]

El matrimonio y el pensamiento del matrimonio pueden ser emocionantes. Usted tiene que decidir si una boda de la corte sería suficiente, o si una boda de la iglesia es preferida. Usted tiene que considerar a quién invitar y a quién puede asistir a la familia. Cuando un ciudadano estadounidense está considerando proponer a su novia que es un extranjero, usted tiene que considerar lo que sucede a continuación . . . la presentación de inmigración.

Ajuste de estatus (AOS): ¿Cuáles son los requisitos comunes de elegibilidad?

El ajuste de estatus, también conocido comúnmente como AOS, es la presentación de inmigración que ocurre cuando alguien está en los Estados Unidos. Para calificar para AOS, se necesitan los siguientes requisitos básicos:

Usar una Visa de No Inmigrante para los propósitos de Inmigración es ilegal. Existen riesgos de negación, multas y deportación.

Considere cuidadosamente los riesgos de la inmigración a través de una visa de no inmigrante como Visa de Turista o ESTA

La forma en que alguien llegó a los Estados Unidos es importante.

El uso indebido de una visa puede correr el riesgo de fraude de visa. Inmigración tiene una política/guía llamada Regla de 30/60 Días (también conocida como la Regla de 30/60/90 Días) y la Regla de 90 Días. Si el uso indebido o la intención de inmigrante se encuentra dentro de los primeros 30, 60 o 90 días después de la entrada, el uso de la visa de no inmigrante sería castigado con multa y la deportación es posible.

Excepciones comunes que podrían permitir la Inmigración con Visa de Turista o ESTA

Inmigración puede permitir un ajuste de estatus cuando no ocurrió ningún fraude, y la vida sólo pasó.

Si usted tiene alguna preocupación, usted debe hablar con un abogado de inmigración local, o puede ponerse en contacto con nuestra oficina, Fickey Martinez Law Firm, P.L.L.C., para programar una Consulta.

The post ¿Puedo proponerle matrimonio a mi novia mientras ella está aquí en los Estados Unidos con una Visa de Turista o ESTA? appeared first on Fickey Martinez Law Firm .

Underserved Series: Roanoke Rapids NC in Halifax County and Immigration Legal Services

Wed, 01 Jan 2025 18:55:12 GMT

Rural Eastern North Carolina is sparsely populated, highly agricultural, and underserved by some legal services. This article will cover Halifax County and the possible need for immigration legal services.

Halifax County Statistics:

Overall Population Estimates: about 50,000

Largest Cities in the county:

Roanoke Rapids: 15,000 Population
Enfield: 2,500 Population

Halifax NC is actually one of the smallest Cities in the County with under 1,000 residents, as the city itself is mostly for Municipal and County Services, the County Courthouse, local businesses, and historical buildings.

Population by Citizenship:

98% are US Citizens
2% are foreign nationals, such as Lawful Permanent Residence or Visa Holders

Population in the Retirement Age: More than 60% of the Population

Home Ownership in the County: Over 80% of the Population, with 40% of the Population having a Mortgage and 40% owning the Property outright.

Distance to Immigration Legal Services:

Closest City with Immigration Legal Services (as of 2025): Rocky Mount, NC in Nash County, which is about a 45 minute drive from the Northernmost Part of Halifax County or 30 minutes from many other parts of the county, like from the city of Enfield, NC.

Distance from Capital / Raleigh, NC: Most parts of Halifax County are about 1-2 hours away from Raleigh, NC. Residents of Roanoke Rapids, the northernmost part can expect a commute of nearly 1.5-2 hours to reach Raleigh, NC.

What type of Immigration Services are likely to be needed:

Naturalization, the process that allows a Green Card Holder to become a US Citizen.
Adjustment of Status or Consular Process, the process that provides a Green Card normally to a foreign spouse, child, or parent.
K1 Fiance Visa, the process to bring a US Citizen's Fiance from abroad to the US

Why is an Immigration Attorney writing about this topic?

Proximity! Fickey Martinez Law Firm is an immigration law firm with an office in Rocky Mount, NC. As a Law Firm, it is important to recognize communities in need of competent legal representation, and to aim to service those needs.

The Road to a Green Card: Adjustment of Status or Consular Processing

Sat, 28 Dec 2024 08:00:00 GMT

The Green Card process is sometimes a difficult one, with many paths. Moreover, which process (i.e. In-Country or Consular), must be chosen. This article will shed some light on when it is appropriate to process at USCIS or to process at a Consulate.

If an immigrant is outside of the U.S., then he or she must choose the consular processing. An immigrant visa interview, also known as the DS-260 Interview, will occur at the appropriate Consulate. Moreover, due to many delays in the Adjustment of Status process within USCIS, consular processing may be quicker. However, it must be said, that a denial of an application in consular processing does not allow an appeal or review of the denied matter.

If the immigrant entered lawfully into the United States, meaning they entered by a valid visa, a form of parole, or through the visa waiver program, the immigrant is eligible for Adjustment of Status. Adjustment of Status has its pros and cons. The process may take more time, but a denial may be appealed or reviewed. Additionally, the immigrant may choose consular processing.

However, if the immigrant entered unlawfully into the United States, the immigrant will be prohibited from the Adjustment of Status Process, and will be required to do consular processing. In this situation, the immigrant should know that entering unlawfully into the United States may place a bar on re-entering the U.S. for 3 years, 10 years, or permanently.

If you are unsure about your immigration choices, you should speak with a local immigration attorney. Immigrating is an expensive process and very time consuming. You should know all of your options before committing time and money to a certain process.

If you have any questions or concerns, please feel free to call Fickey Martinez Law Firm at (910) 526-0066 or email us at attorney@fickeymartinezlaw.com .

The post The Road to a Green Card: Adjustment of Status or Consular Processing appeared first on Fickey Martinez Law Firm .

J1 Teachers from the Philippines and the December 9, 2024 DOS Policy Change

Mon, 16 Dec 2024 17:54:43 GMT

In light of the December 9, 2024 DOS Policy Change, this article will reiterate the J1 Educators from the Philippines still remain subject to the 212(e) 2 Year Home Residency Requirement under the Special Skills list.

The applicable field codes can be found in every J1's DS-2019. The Subject Teachers would fall under one of the following code categories:

(13) Education:

(13.02)

Bilingual, Multilingual, and Multicultural

(13.06)

Educational Assessment, Evaluation, and Research

(13.09)

Social and Philosophical Foundations of Education

(13.10)

Special Education and Teaching

(13.11)

Student Counseling and Personnel Services

(13.12) Teacher Education and Professional Development, Specific Levels and Methods, including, but not limited to:

Adult and Continuing Education
Early Childhood
Elementary
Middle School and Secondary Education
Montessori Teacher Education
Waldorf/Steiner Teacher Education

(13.13) Teacher Education and Professional Development, Specific Subject Areas, including, but not limited to:

Agriculture
Art
Business
Computers
Drama
Driver Safety
English
Foreign Languages
Geography
Health
History
Home Economics
Industrial Arts
Sales and Marketing
Math
Music
Physical Education
Psychology
Reading
Science
Social Studies
Speech

NOT SUBJECT Educator Codes:

(13.01)

Education, General
Educational Administration

(13.03)

Curriculum and Instruction
Media Design

The Subject Codes are visible on Page 8 of the DOS Notice:

The Philippines: 01, 03, 04.03, 05, 09.01, 09.09, 09.10, 10, 11, 13.02, 13.06, 13.09, 13.10, 13.11, 13.12, 13.13, 14, 16, 19, 23, 25, 26, 27, 31, 39, 40, 41, 42, 43, 44.07, 45, 49, 51.01, 51.02, 51.04, 51.06, 51.07, 51.08, 51.09, 51.10, 51.12, 51.15, 51.17, 51.19, 51.22, 51.23, 51.24, 51.25, 51.27, 51.31, 51.33, 52.04, 52.06, 52.10, 52.11, 52.13, 52.14, 52.17, 52.20, 54, 60

The DOS Notice can be seen here:

J1 Special Skills List: Major DOS Update December 9, 2024

Thu, 12 Dec 2024 11:11:30 GMT

Effective December 9, 2024, the Department of State (DOS) updated the J-1 Exchange Visitors Skills List, which is a list of countries that require the services, education, profession, and skills of individuals engaged in specific fields. This list hadn't been changed since 2009, and countries/skills haven't adjusted significantly over the past few decades.

Subject due to Special Skills list is Different from Subject due to Government Funding

First, the Exchange Visitors Special Skills List determines whether a J-1 visa visitor is subject to the two-year foreign residence requirement due to:

Country of Citizenship (not of residence or last residence), AND
Skill Code or Field Code on the DS-2019/Visa

The country topic is obvious, but the skill topic isn't. If you need a degree or prior education for the J1 Position, odds are you would be subject due to a certain skill. The December 9, 2024 Policy notice did provide a summary of skills for the countries that remained on the list.

Second, Government Funding is not country-specific. If you receive government funding, you are subject under Section 212(e) of the amended Immigration and Nationality Act and must return home for 2 years to satisfy the residency requirement.

A J1 can be SUBJECT for both, the Special Skills List and Government Funding. The more obvious basis is placed on the visa, and the DS-2019 may mark more than 1 basis. For example:

Honduras J1 here in the US as a research scholar and as a recipient of a Honduras grant. The Honduran was subject December 8th 2024 due to Special Skills List and Government Funding. On December 9th, the Honduran would still be subject due to Special Skills List and Government Funding.

Is the December 9, 2024 Policy Change Retroactive?

Yes, as it re-evaluated the longstanding policies and corrected/ removed the countries that no longer fit the DOS parameters. Additionally, the DOS has started to provide guidance after the policy change.

Which Countries were removed from the List?

Albania
Algeria
Argentina
Armenia
Bahrain
Bangladesh
Bolivia
Brazil
Chile
China
Colombia
Congo
Costa Rica
Dominican Republic
Gabon
Georgia
Guyana
India
Indonesia
Kazakhstan
Laos
Malaysia
Mauritius
Montenegro
Namibia
Oman
Paraguay
Peru
Romania
Saudi Arabia
South Africa
South Korea
Sri Lanka
Eswatini (Swaziland)
Thailand
Trinidad and Tobago
Turkey
United Arab Emirates
Uruguay

Which Countries Remain on the List?

Belize, Benin, Burkina Faso, Burma
Cabo Verde (formerly Cape Verde), Cambodia, Cameroon
Democratic Republic of the Congo, Djibouti
Ecuador, El Salvador, Eritrea, Ethiopia
Fiji
Gambia, Ghana, Guatemala
Haiti, Honduras
Jamaica
Kenya, Kosovo
Lebanon, Liberia
Malawi, Mali, Mauritania, Mozambique
Nepal, Nicaragua, Niger, Nigeria
Palestinian Authority (Gaza and West Bank), Philippines
Rwanda
Senegal
Tajikistan, Tanzania, Timor-Leste, Togo, Tonga
Venezuela
Yemen
Zambia

What about being Subject due to Graduate Medical Education/Training?

The DOS update also does not affect those J1s as that is a similar category as Government Funding. The Foreign Governments still needs doctors and/or a return on the Grant the Government gave out.

Difference between an I-864 Joint Sponsor and and I-864A Household Member

Mon, 25 Nov 2024 17:49:23 GMT

The Terms "Joint Sponsor" and Household Member" might feel interchangeable for purposes of I-864 processing and USCIS, some people even add other terms:

petitioning spouse
lawfully employed immigrant
co-sponsor

However, there is an important difference. This article will dive a little deeper.

Can a Joint Sponsor also be a Household Member?

Generally, NO, even if you think that it should be.

A Joint Sponsor is someone who can, separate and apart from the Petitioner's Household, sponsor an immigrant without the involvement of the petitioner. A Household Member is a part of the sponsor. This might be clearer:

Joint Sponsor = I-864
Household Member = I-864A

Similarly, a family member that does NOT live under the same roof, at the same address, and on the same tax return is unable to be a "Household" member.

Do Spouses need to do an I-864A when the other Spouse is Sponsoring?

Depends! It might be highly recommended, lightly recommended, or waived depending on the circumstances.

The I-864A is waived when the Spouse IS the Green Card Applicant because the income, if any legal US-Based Income is being earned by the Applicant, that income would need to be presented in the I-864 filing anyway. A separate form would merely be redundant.

It is highly recommended if the sponsor's household would not qualify to overcome the I-864 by the Sponsor's income alone . Some immigration officers request the I-864 or I-864A, others do not if the information would be redundant or the household income in total would not be affected by the addition of a Household Member.

It is lightly recommended when an immigration officer is using the I-864A to either (1) verify income level or (2) confirm the full household is in agreement of the sponsorship.

A more thorough discussion of one common scenario can be found here: https://www.fickeymartinezlaw.com/immigration/i-864-do-spouses-need-to-do-an-i-864a-when-the-other-spouse-is-sponsoring

What kind of relationship must you have with a Joint Sponsor?

Ideally, you would not have a stranger in your home for household member discussions. But, for a Joint Sponsor, any relationship can be used, except the ones that qualify for a household member relationship. So, neighbors, close friends, parents, and adult children are ideal joint sponsors.

Is there a generic guide for Joint Sponsors?

Our office has the following guide for Joint Sponsors: https://www.fickeymartinezlaw.com/immigration/i-864-affidavit-of-support-joint-sponsor-guidance

It is also a common follow up topic on whether Joint Sponsors are able to Withdraw their sponsorship: https://www.fickeymartinezlaw.com/can-an-i-864-co-sponsor-withdraw-their-sponsorship

Can the Sponsor/Household member use Assets to increase the Financial Stability in the I-864?

Yes, here are some guidances our office created for common asset classes:

Real Estate: https://www.fickeymartinezlaw.com/immigration/i-864-using-real-estate-as-an-asset
Stocks/Dividends: https://www.fickeymartinezlaw.com/immigration/i-864-using-dividends-and-stock-portfolio-as-an-asset
Self-employment: https://www.fickeymartinezlaw.com/immigration/i-864-self-employment-and-business-ownership
Social Security: https://www.fickeymartinezlaw.com/immigration/i-864-sponsorship-how-is-ssi-and-ssdi-assessed

J1 Waiver DS-3035: Statement of Reason Template and Explanation

Tue, 12 Nov 2024 13:00:02 GMT

This Article will cover the common topic of what should be stated in the DS-3035 Statement of Reason and a template will be provided since an example can be very beneficial on improving the Filing quality.

Why listen to this Article 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 with J1 Waivers.

The Attorney and Team biographies can be seen here: https://www.fickeymartinezlaw.com/team

First Item, what is the basis of the waiver filing? What are the options?

There are a few waiver basis that someone may apply for. A Rough summary can be seen below:

J1 - No Objection Statement by the foreign government (MOST COMMON)
J2 Divorce No Objection Statement by the foreign government (Depends on the Foreign Government is J2 are eligible)
J1 IGA or an Interested US Federal Government Agency makes the request for the waiver issuance on the visa holder’s behalf
J1 Conrad State 30 Program
J2 Age-out or Divorce IGA
J1/J2 Exceptional Hardship to a U.S. Citizen or lawful permanent resident spouse or child
J1/J2 Persecution due to the visa holder’s race, religion, or political opinion

Second Item, an understanding of what REQUIRES the J waiver must exist:

Merely applying for the DS-3035 is not enough. The DOS Waiver Review Division will require the applicant to show a clear need for the waiver, or else the DS-3035 will be denied UNTIL a required basis is met.

The J Visa Restricts all of the following:

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 you do not have proof of pursuing one of the above restricted items, the DS-3035 will be denied.

For example, if you are pursing marriage-based Adjustment of Status, DOS will require a marriage/marriage certificate. Being boyfriend and girlfriend or even engaged is not enough. If you are pursuing the K1 Fiance Visa, being engaged is enough, BUT you would have a pending or approved I-129F Petition which is the start of the K1 Visa.

Another example, if you are pursuing an H-1b Visa, having a resume or degree would be insufficient. DOS will require a conditional offer from a relevant employer. Why Conditional? and, Why Relevant? Employers cannot hire/employ a J1 UNTIL they have an approved H-1B. Employers must be relevant as some would get an offer from a local business or from a friend's moving company, but the H-1B career/field would be teaching or eduction, meaning a school or college would be a "relevant" employer.

Third Item, Government Funding?

If you received government funding, whether it be by the foreign government or maybe by Fulbright, you should consider repaying the funding. Repayment will issue a repayment certificate that would make you generally eligible for mo J1 Waiver Options. If the funding amount is under $1k or some other small amount, many J1s merely repay the amount or the foreign government may even waive/forgive the funding and issue their own No Objection Statement.

Fourth Item, Components of the typical Statement of Reason:

Full Name of the J1
Full Name of any J2 Spouse and Children
State Citizenship
State the Country Imposing the J1 Restriction
State the Basis/Waiver Type
State that no Government Funding has occurred, or that it has been repaid
State whether the waiver is required for Immigration based on marriage, K1 Fiance, H Employment, or L Employment

The Statement must be BRIEF, somewhere between 4-8 Sentences. Visually, on the paper, it should be 1/4th to 1/3rd of the page. Writing to much may force a DOS request to re-write and reduce the statement of reason, or to make the point of the request more direct.

DS-3035 Statement of Reason Template:

I, ________, request the _______ Government to provide a No Objection Letter to the waiver of my 2 year home residency requirement as indicated in my J-1 DS-2019. I did not receive funding from the __________ Government or the U.S. Government in order to pay for my arrival in the United States. The purpose of the waiver is my marriage to a U.S. Citizen, ___________. Upon approval of the waiver, it is my and my husbands intention to begin the Lawful Permanent Resident Process, so that I may permanently stay with my husband.

If you are interested in learning more about our law firm J1 Services, we welcome you to visit our website.

Naturalization with N-648 Medical Waiver and Oath Waiver

Fri, 01 Nov 2024 14:55:00 GMT

Naturalization is the process of becoming a US Citizen through the USCIS Form N-400. The N-400 can (should always now) be done electronically on WWW.USCIS.GOV Website.

However, there are instances due to age, medical conditions, and disabilities that occurred at birth where the N-400 can be daunting. This post will discuss two possible waiver options.

Medical Waiver

First, the Form N-648 Medical Certification for Disability Exceptions is able to WAIVE the English and Civics testing requirements for naturalization because of physical or developmental disability or mental impairment. The N-648 MUST be supported by medical records, hospital records, SSD Records, or any other common records to prove the disability or impairment. The N-648 MUST be completed by a licensed doctor and SHOULD be performed by your current treating physician. If you do not regularly visit a doctor, then you would need to find a new doctor and explain the N-648 form and provide the N-648 instructions to the Doctor’s Staff.

Apart from the N-648, USCIS also REQUIRES the certifying doctor to provide a separate letter detailing :

state who they are and what their credentials
state the length of relationship with the patient
state what (in layman’s terms) has led the doctor to diagnose a patient’s medical condition or disability
state how and why the patient CAN NOT understand or communicate:
English Language
Civic test question
Oath of Allegiance
state ANY likelihood that the patient’s medical condition or disability could change in the near future
Sign the letter on the doctor’s letterhead and provide his or her state license number authorizing them to practice in the US

To Recap, the Medical Waiver will Need:

Doctor and Patient to sign the N-648 during the in-person appointment
Medical Records to show when the disability occurred and how it is permanent
Separate Letter from the Doctor

Can the Medical Exam be Virtual?

USCIS National Policy does state that a virtual medical exam is possible; HOWEVER, it is not recommended. Our office STRONGLY RECOMMENDS the appointment be in person as the virtual appointment run into one very important and reoccurring issue, the N-648 is not physically signed on the day of the medical examination.

Do I have to go to a special Doctor?

No, actually it is heavily recommended to ask your current primary care doctor to conduct the N-648 Evaluation. You can go to any doctor, as any doctor can do the evaluation; however, USCIS Values the doctor that has spent years with a patient versus a 10 minute first/last encounter with a new doctor.

Oath Waiver

Second, if the medical condition or disability is too extreme to permit providing the Oath of Allegiance with a USCIS Officer, USCIS would require a: Legal Guardian, Surrogate, or Designated Representative to take the oath on the applicant’s behalf. This is known as an OATH Waiver.

Persons eligible to act on behalf of the Applicant include:

A person who a proper court has designated as the applicant’s Legal Guardian or Surrogate and who is authorized to exercise legal authority over the Applicant’s Affairs; or
In the absence of a Legal Guardian or Surrogate, a:
US CItizen Spouse
US Citizen Parent
US Citizen Adult Son or Daughter
US Citizen Adult Brother or Sister
AND, such a family member MUST be the primary custodial caregiver who takes responsibility for the Applicant.

Family “Stand-ins” are more common than a Legal Guardian or Surrogate. A Family Member would have to provide:

US Passport, US Birth Certificate, or US Naturalization Certificate
State ID
Certificate to prove familial relationship: Birth Certificate, Marriage Certificate, or Adoption Decree
Income Tax Returns, Social Security Administration Documents, or Affidavits from family regarding (a) primary custodial care and (b) that person’s responsibility for the Applicant
Signed Letter Requesting the Oath Waiver

To Recap, the Oath Waiver will Need:

Someone to attend
US Documentation to prove Citizenship
Photo ID
Birth/Marriage Certificate to prove relationship or a court order if legal guardian or surrogate
Signed Letter from the Family Member or legal guardian/surrogate

Should I prepare for both?

Depends, if the applicant has difficulty speaking or signing their name, then the Oath Waiver should also be requested with the N-648 Medical Waiver.

The post Naturalization with N-648 Medical Waiver and Oath Waiver appeared first on Fickey Martinez Law Firm .

What is an Irrevocable Medicaid Asset Protection Trust (MAPT) in NC?

Fri, 25 Oct 2024 14:12:25 GMT

An Irrevocable Medicaid Asset Protection Trust (MAPT) is a legal strategy in North Carolina that protects assets from being counted when determining Medicaid eligibility. Medicaid becomes a concern for most people:

after they reach the age of 65 and
Consider the need for long-term care (e.g. nursing home)

To be eligible for Institutional Medicaid or Nursing Home Medicaid in NC, an individual must have an income that is less than the amount Medicaid pays for Nursing Home Care. In 2024, Medicaid pays between $6,381–$9,087 per month or $76,572-$109,044. Additionally, assets of the individual must be worth no more than $2,000 (for a single applicant) or $3,000 (for married applicants who are both applying). There are 2 main exclusions to the $2k or $3k asset limit:

the primary residence, and
one motor vehicle.

To reduce all other assets to be under the $2k or $3k asset MAXIMUM, individuals transfer ownership of property, stocks, and savings accounts through gifts or by selling them and also a Medicaid Asset Protection Trust (MAPT).

The Key to Planning is Timing:

Medicaid has a 60-month look-back period, where Medicaid reviews all of your financial transactions for five years prior to the date of your application for Institutional Medicaid or Nursing Home Medicaid in NC. Transfers within the 60-month period made for less than fair market value (i.e. a gift or a super discount) will be disallowed and counted as assets, usually pushing the individual over the $2k or $3k asset MAXIMUM for eligibility purposes.

So, if you plan or expect to possibly be going to a nursing home in 5 years (e.g. 2030), you would want the MAPT to be created in 5 years in advance (e.g. 2025).

Some potential drawbacks of a MAPT:

The advanced timing required to create a MAPT, usually five years in advance
The Trust is Irrevocable, meaning it is a permanent transfer where an owner is giving up control over the assets
The legal costs of setting up a MAPT

How do you get started?

First, Contact an estate attorney to review your assets, liabilities, and overall retirement plan. The estate attorney can explain the process, assist with creating a trust and will, and explain asset transferring and your ultimate goals.

Second, time matters, and starting as soon as you can is important.

Estate Planning for Children and Grandchildren: One Deposit at Birth could likely make them a Millionaire by 65

Fri, 18 Oct 2024 14:30:16 GMT

Time is always the biggest factor when considering investment and return on capital. Similarly, timing is always the biggest factor of estate planning. This Article will cover the often overlooked importance of estate planning: starting as early as possible . Specifically, we will cover the hypothetical of investing into a retirement account a mere $7000 when a child or grandchild is born.

There are two popular/possible “retirement accounts” a parent or grandparent can invest into at or around birth:

A 529 Plan
Custodial IRA

What is a 529 Plan?

A 529 Plan is a tax-advantaged savings plan that helps parents and grandparents save for education expenses. The primary purpose of a 529 Plan is for a parent or grandparent to save for a child's schooling or college. However, oversaving is a common concern. To help alleviate the concern, a Roth IRA Rollover option was created in 2022.

The Limitations are as follows:

Lifetime limit for rollovers is $35,000, which is about 5 years of contributions, based off of 2024's annual limit of $7000.
The 529 plan must have been open for at least 15 years .
Contributions made to the 529 plan in the last five years cannot be transferred .
If the beneficiary child or grandchild contributes to an IRA in a given year (if working during college and contributing to the IRA at the same time), the rollover amount is reduced by that amount.
The rollover must be direct, such as plan-to-plan or trustee-to-trustee.

What is a Custodial IRA?

A custodial IRA is a Roth/Post-Tax retirement account that an adult sets up and manages for a minor. The Child "Owns" the account, and the account can ONLY be funded with the Child's Earned Income. The custodian, usually a parent or grandparent, would be able to manage the account until the child turns 18 or 21, depending on the state's laws of when such accounts must be transferred to the child free and clear of the parent or grandparent. The catch of this IRA Option is the requirement that the Contributions are technically coming from the paychecks of the minor.

Wait, you said to invest at BIRTH, but then mention saving for college or a child/grandchild working a job!

Unfortunately, there is not one magical account that is built for a newborn to become a millionaire 60 years later, but with the types of accounts that are currently available, the "Likely Vehicle" that would enjoy tax advantages over the decades would be, at the end of the day, a Roth IRA.

Both, a 529 Plan and Custodial IRA could lead to a Roth IRA eventually.

What if I just invested in stocks and gifted them to the minor when they turn 18?

This is a common scenario where a parent or grandparent was fairly savvy with the stock market and could turn $7000 into $50,000 by the time the child turns 18. Maybe a grandparent invested in Apple stock or Microsoft stock a few years ago. This scenario also keeps the "ownership" of the investment in the name of the parent or grandparent.

However, the largest disadvantages of this scenario would be the:

tax consequences, and
the gift limitations.

If you invested $7000 years ago, and now the stock value is $50,000, taxes would have to be paid on the $43,000 for the long-term capital gains. What if the tax bill was $10,000 or $15,000, that $50,000 investment would shrink by 20% due to the tax liabilities.

When investing in a retirement account that has a potential of leading to a Roth IRA, the investments growth would avoid taxation.

To the Question/Topic: One Deposit at Birth could likely make them a Millionaire by 65

If $7,000 was funded at one time at birth, the investment had a return of 8.1% every year for 65 years. After 65 years, the $7,000 may grow to an estimated Balance of $1,023,157.41. That is a nice sum of money to leave behind to a family member, especially if that money is in a tax-advantaged account, meaning no tax would be taken from it for the rest of the child or grandchild's life.

Below is a table to illustrate 65 years of growth under this topic:

How do you get started?

First, Contact an estate attorney to review your assets, liabilities, and overall retirement plan. The estate attorney can explain the process, assist with creating a trust or will, and explain asset transferring and your ultimate goals. An estate attorney can also have useful ideas, like starting one or multiple $7000 investments for children or grandchildren..

Second, time matters, and starting as soon as you can is important.

Thailand J1 No Objection Statement (NOS) Waiver: Explained

Thu, 10 Oct 2024 13:14:17 GMT

The Thailand J1 No Objection Statement (NOS) Waiver Process is unique. Every Country has a different process, timeline, and required documentation. This post will specifically cover Thailand'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 NOS waiver explanation will assist the most. In any given year, there are a little over 9000 new J Visa Holders from Thailand. The 2023 Breakdown of Program and Participants are as follows:

Summer Travel/Work: 7567
Student Secondary: 587
Student College University: 329
Intern: 216
Research Scholar: 177
Au Pair: 158
Short-Term Scholar: 116
International Visitor: 73
Trainee: 57
Government Visitor: 36
Alien Physician: 22
Specialist: 6
Camp Counselor: 4
Teacher: 2
Professor: 0

This statistical data is important because when compared to the above list of J-1 Visa Holders that may require the No Objection Statement Waiver, the about 9k Visa Holders reduces to a population of nearly 1000 that may likely require it. Not every J1 will pursue the waiver process and many may desire to return to Thailand, aiming to satisfy the J1's 2 year home residency requirement.

This waiver explanation will be broken into parts to help explain the process to the 1000 Thai professionals that may be considering this waiver option.

Part 1: Why listen to this Post or this Immigration Attorney?

Professionally, the law firm assists J1 Professionals on a weekly basis, and has nearly a decade of experience with J1 Waivers. Additionally, the law firm provides J-1 Waiver Seminars on a frequent basis.

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 the list below, you are LIKELY SUBJECT:

J1 Teacher
J1 Professor
J1 Instructor
J1 Specialist
J1 Researcher
J1 Physician
J1 Intern
J1 Trainee
J1 Summer Camp Counselor
J1 University Student

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 to Thailand for 2 years, and
be 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

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 (and even file for) a different immigration status.

Now, the J1 Restriction does not restrict every other immigration status. The following are not restricted:

F1 Student Visa
R1 Religious Worker Visa
B1/B2 Tourist Visa

However, because the above statuses are not restricted, they may or may not be available within the us THROUGH THE I-539 CHANGE OF STATUS. Meaning, you might be required to attend the US Embassy to acquire these different immigrant statuses/visas.

FINAL POINT ON THIS TOPIC, as many forget, if the F1/R1/B1/B2 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 DOS required documents.

A Third-Party Barcode Page is created along with a case number. The Barcode Page is required for Packet 2 at the Embassy.

The filing DOES NOT APPEAR in the DOS System until the file is received at DOS with payment.

Packet 2: The Thailand NOS Application is filed with the Thai Embassy in DC, regardless if the J1 is in the US or is abroad. The Thai Instructions/process can be located here: https://washingtondc.thaiembassy.org/en/page/applying-a-j1-no-objection-statement

Phase 2: Processing

Packet 2 might be called packet 2 in the explanation, but it is the first that MUST BE PROCESSED. Thailand 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 Thai No Objection Statement, that is when the DOS begins 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:

Register an online application with the Thai Embassy (Mandatory before beginning)
Notarize all documents that the process requires notarized, as well as the (1) Without Lawsuit, (2) Information Disclosure, and (3) Notary Public
Letter of Intent
Legalization/Application Form
Birth Certificates for the J1, any children, and spouse
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)
Job Offer Letter, if Waiving due to Employment
Letter of Intention from the fiancée, if I-129F Case
Acceptance letter from the school or evidence of enrollment , is Waiving due to Education
I-140 petition receipt from USCIS, if EB-2 NIW
Copies of diplomas and transcripts in Thailand and abroad (educational institution and date, month, year of graduation)
proof of obligation to repay or return to work, if scholarship recipient or civil servant, and the appropriate certificate of the agency or organizations "no objection" to this waiver

Part 6: Processing Times and When to Start

The Thai Embassy Processes the NOS Application within 1-3 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 are interested in learning more about our law firm J1 Services, we welcome you to visit our website.

The Pros and Cons of an HSA with regards to Retirement and Estate Planning

Wed, 09 Oct 2024 14:17:30 GMT

An HSA or Health Savings Account is a widely discussed retirement vehicle that is mentioned online, on social media, and even on YouTube.

From a tax perspective, the HSA is a phenomenal tax advantage account. Here is a list of the common tax benefits one might see:

Tax-deductible contributions: What you contribute today to your HSA would be deducted from your taxable income, regardless of whether you have medical expenses in the given year or have itemized deductions.
Tax-free earnings: Interest and earnings (e.g. dividends, capital returns on investments, and over stock growth) on the assets in your HSA account are tax-free .
Tax-free withdrawals: Withdrawals from your HSA are tax-free, if you use them to pay for qualified medical expenses (QME) .

Some financially savvy investors or retirement planners may also consider the ancillary account benefits, such as:

Employer contributions: An Employer MAY contribute a portion or percentage to your HSA Account, and those contributions are excluded from the Employee's gross income. AKA: free tax-free money from an employer.
Portability: HSAs are portable, meaning that they stay with you (the employee) if you change jobs or leave the workforce altogether.
Rollover funds: Unspent funds in your HSA Account roll over from year to year.

In summary, the HSA or Health Savings Account is a Triple tax advantage account. Emphasis on the Triple because:

money is tax-free when it goes into the account,
money is tax-free when it grows, and
money is tax-free when it comes out.

What is the Catch/the Limitations?

Apart from the small "Contribution Limit" (2024: $4150 for single, $8300 for married, and an extra $1000 extra if over the age of 55), a special type of high-deductible health insurance is required and qualified medical expenses (QME) are required to withdraw the funds tax free.

Now, to be frank, medical expenses are generally substantial the older someone gets. Medical bills have the ability to break retirement plans, prompt bankruptcy, and even force older individuals back into the workforce. Health Insurance and health insurance deductibles may not cover all of the needed medical expenses, and have the potential of putting a strain on most finances.

What are some Qualifying Medical Expenses?

Examples of eligible medical expenses (Source: “The Complete HSA Eligibility List,” HSA Store )

Ambulance services
Bandages
Blood-sugar tests
Crutches
Gynecologist services
Hearing aids and batteries
Hospital care
Insulin
Laboratory fees
Medicines prescribed by a doctor
Surgery
Vaccinations
X-rays
Routine dental needs, such as:
Dental Cleanings
Dental Exams
Dental X-rays
Dental surgeries
Dental veneers
Orthodontics/Braces
Crowns and bridges (for medical, not cosmetic, purposes)
Dental plan copays
Dental reconstruction
Dental sealants
Eye needs, such as:
L aser/LASIK eye surger y
E ye exams
R adial keratotomy
Prescription contact lenses and contact solution
Eye drops (OTC)
Optometrist services
Prescription eyeglasses sunglasses
Vision plan coinsurance
Vision plan deductible

How Much can an HSA Grow? Could it reach a quarter of a million or half a million?

Yes, if you max out the contributions every year, don't use the account during the working life, invest in safe Stocks/ETFs, and diversify the investment, a 10% annual rate of return is possible year after year. The $1 added today might grow to $2 in 7 years, $4 in 14 years, and $8 in 21 years.

For example, if a Family contributed $8000 for 1 year in 2024, and did nothing else for 21 years. If the HSA had a rate of return of 10%. The $8k could grow to $16k in 7 years (2031), $32k in 14 years (2038), and $64k in 21 years (2045).

Another example, if the Family contributes $8k for 5 years straight, never spending the saved money, an HSA account could easily grow to $250k in 2-3 decades.

It has mostly been Positive up to this Point, what are the Cons?

This topic could also be worded as:

What happens to an HSA After Death?
Inheriting an HSA from a Spouse?
Inheriting an HSA from a Parent?

In short, the negative concern revolves around Taxes. Taxes, when it comes to Retirement Planning (specifically the Estate Planning for when you pass away). The IRS would NOT create a Wonderful Triple Tax Advantaged Account that would LAST FOREVER.

Taxes will eventually be due!!!

The Tax Concern arises in two ways:

First, who the beneficiary might be affects taxes. Spousal Beneficiaries may inherit an HSA . . . FROM A DECEASED SPOUSE . . . and continue to receive the same tax benefits.

Children or anyone besides the spouse of the deceased would inherit the HSA with INCOME TAX DUE in the year the HSA is received. To repeat, children would be burdened with the taxes owed on the HSA if a parent wills the HSA to them. The child's Tax bracket may jump up to a higher tax bracket for the year of inheritance. A $100k Inherited HSA may pose a $30k Tax bill, which is a reality that is often overlooked.

Second, when the HSA is too large (how much is too much?) . $100K might be a safe savings amount. $300k is substantial, but also safe. Half a million and even 1 million might be too much.

The most painful sight for a family might be inheriting $1,000,000 HSA from a Parent, to then see half of it being owed to the IRS.

How do you get started?

First, Contact an estate attorney to review your assets, liabilities, and overall retirement plan. The estate attorney can explain the process, assist with creating the trust or will, and explain asset transferring and your ultimate goals. An estate attorney can also have useful ideas, like starting an HSA.

Second, start an HSA at your preferred Brokerage, like Fidelity, Schwab, etc. (Your local bank may also offer an HSA, but do compare the interest rates/rates of return, the risk in investing in the stock market may outweigh what a bank is offering). An HSA takes about 10 minutes to set up.

Estate Planning: 529 Plan for Children or Grandchildren

Mon, 23 Sep 2024 15:49:52 GMT

Estate Planning is more than just a Will or Trust. Planning can occur within 1 day, but some options may require implementation over the course of Years or Decades. This Article will tackle an often overlooked option: 529 Plan for Children or Grandchildren . Additionally, this article will ONLY cover NC 529 Plans, as every state may differ and this article is targeting for ONLY NC Residents.

What is a 529 Plan?

A 529 Plan is a tax-advantaged savings plan that helps parents and grandparents save for education expenses. The plan is "tax advantaged" because the contributions would be from Post-Taxed Income or Assets, but the following would be Tax Free:

Growth of investments
Withdrawals to pay for Qualified Educational Expenses
Rollover of Excess (limitation explained below) into a Child or Grandchild Roth IRA after College

What constitutes a Qualifying Educational Expense?

The IRS definition can be seen here: https://www.irs.gov/credits-deductions/individuals/qualified-ed-expenses , BUT, this definition moreso covers the tax write off component as it related to education tax credit.

A better list of what qualifies is created by the 529 Plan, like CFNC:

Qualified expenses are amounts paid for tuition, fees and other related expense for an eligible student that are required for enrollment or attendance at an eligible educational institution. Apart from College and Universities, K-12 Tuition can also be withdrawn, according to the state limitation. For instance, in NC, only $10,000 per year may be withdrawn for K–12 tuition.

At College/University, Off-campus housing and rent are considered qualified expenses. If your child/grandchild decides to live off campus, you can use NC 529 funds to pay for rent, food, and utilities. Keep in mind, these expenses can’t exceed what it would cost to live in on-campus housing and on-campus meal plans . Retaining receipts for these expenses is crucial for record-keeping.

A more thorough up-to-date explanation on qualifying expenses can be seen here on the CFNC Website: https://www.cfnc.org/news/529-qualified-expenses/

Let's Consider a 10-year Hypothetical Example:

Weekly Contributions over the course of 10 years:

The 529 Plan does not have to break the bank. Let's use simple numbers and $50 weekly contribution. $50 is easy to swing. Here are the facts:

Child is currently 8, 10 years from now Child will be 18
$50 weekly income/weekly contribution is $2600 annually
529 Plan has a return/growth rate of 10% (again, easy numbers for example purposes)
Over 10 years, $26000 is contributed.

After 10 years, the above figures would have an estimated 529 Plan Balance of $41,437.30. That is a nice 18th Birthday Present.

One Contribution Now, and see how it grows aver the course of 10 years:

The 529 Plan can also be funded at one time. Let's use simple numbers to match the above scenario. Here are the facts:

Child is currently 8, 10 years from now Child will be 18
One-time contribution of $26,000
529 Plan has a return/growth rate of 10% (again, easy numbers for example purposes) every year

After 10 years, the above figures would have an estimated 529 Plan Balance of $61,306.64. That is a nice 18th Birthday Present.

Let's Consider an 18-year Hypothetical Example:

Since this is considering an estate planning option, let's consider a parent or grandparent had money sitting around at time of birth, and had the capability of setting and forgetting until college age.

Child was born and $50k could be contributed:

If $50k was contributed to a 529 Plan on day one of a child's birth, the investment returned 10% annually for the next 18 years, and the funds were never withdrawn or used for K-12 Tuition/Educational Expenses, the 529 Plan would have a Balance of: $252,723.51 .

Child was born and $100k could be contributed:

How can the money/the 529 Plan grow so much?

Simple answer: Time and Compound Growth. The longer a dollar can be invested to earn the child money, the more money the dollar will earn.

Why is a 529 Plan Important?

Education will always be expensive. Not every profession requires a college degree. However, saving for college can start a child or grandchild off to an amazing start in life. Student loans are a debilitating burden to place an an 18-24 year old, and such loans stunt the child's financial growth and their own retirement planning.

If you can teach children, from a young age, the importance of financial responsibility, the importance of saving and planning for retirement, you will leave behind a legacy far better than willing a house, or creating a trust. It would be a success if your children and grandchildren have even more wealth, more assets, more money than you have, when they reach your age.

What are the restrictions/requirements for a 529 Plan to Roth IRA Rollovers?

The primary purpose of a 529 Plan is for a parent or grandparent to save for a child's schooling or college. However, oversaving is a common concern. To help alleviate the concern, a Roth IRA Rollover option was created in 2022.

The Limitations are as follows:

Lifetime limit for rollovers is $35,000, which is about 5 years of contributions, based off of 2024's annual limit of $7000.
The 529 plan must have been open for at least 15 years .
Contributions made to the 529 plan in the last five years cannot be transferred .
If the beneficiary child or grandchild contributes to an IRA in a given year (if working during college and contributing to the IRA at the same time), the rollover amount is reduced by that amount.
The rollover must be direct, such as plan-to-plan or trustee-to-trustee.

How do you get started?

Second, start a 529 Plan at CFNC or your preferred local bank in NC (if they offer the 529 Plan). However, based on returns on investment, CFNC is strongly recommended as the account usually invests in Vangard Funds. This option is very beneficial to set your children or grandchildren up for future financial success.

Argentina J1 No Objection Statement (NOS) Waiver: Explained

Mon, 23 Sep 2024 13:06:27 GMT

The Argentinian J1 No Objection Statement (NOS) Waiver Process is unique. Every Country has a different process, timeline, eligibility requirement, and documentation requirement. This post will specifically cover Argentina's process.

For starters, there are unrestricted and restricted J1 Professionals. The Restricted Professionals are generally:

J1 Teacher/Professor/Instructor
J1 Specialist
J1 Researcher
J1 Physician
J1 Intern/Trainee
J1 Summer Camp Counselor
J1 University Student (Undergraduate, Graduate, and Professional/Doctoral)

Based on the 2023 Statistics, there are the following Argentinians that arrived to the US in 2023:

Alien Physician - 7
Au Pair - 1,091
Camp Counselor - 265
Government Visitor - 14
Intern - 135
International Visitor - 84
Professor - 11
Research Scholar - 169
Short-Term Scholar - 148
Specialist - 22
Student College University - 250
Student Secondary - 61
Summer Travel/Work - 4,783
Teacher - 32
Trainee - 81

An estimated 7,153 J1 Visa Holders from Argentina for the year 2023.

This explanation will be broken into parts to help better approach the topic of needing a j1 waiver.

Part 1: Why listen to this Aarticle or this Immigration Attorney?

Professionally, the law firm assists J1 Professionals on a weekly basis, and has nearly a decade of experience with 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 Argentina (which why a list of common professions was mentioned above), you are LIKELY SUBJECT. If the J1 Visa and DS-2019 state you are subject, then you are subject. If the J1 Visa and DS-2019 state you are blank or conflicting, then you need an advisory opinion.

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

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 to Argentina for 2 years, AND
Be able to seek a different immigration status, such as:
H Employment Visa
L Employment Visa
K Fiance Visa
Immigrate to the US (acquire Lawful Permanent Residence or Green Card) either through:
I-485 Adjustment of Status Process or
DS-260 Consular Process

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 DOS required documents. A Third-Party Barcode Page is created along with a case number. 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.

Packet 2: The Argentinian NOS Application is filed with the Argentinian Embassy. The Embassy Instructions/process can be located here: https://eeeuu.cancilleria.gob.ar/es/carta-de-no-objeci%C3%B3n

Phase 2: Processing

Packet 2 might be called packet 2 in the explanation, but it is the first that MUST BE PROCESSED. Argentina must not object, Argentina must create the No Objection Statement, and Argentina must send that statement to the DOS to merge into Packet 1.

Once Packet 1 receives the Argentinian No Objection Statement, that is when the DOS begins processing the DS-3035. The DOS will either request documentation, deny, or issue a favorable recommendation.

Phase 3: Finalizing/Recording in the Government System

Part 5: More Thorough Breakdown of the Embassy Instructions

First, the Embassy Website is found here: https://eeeuu.cancilleria.gob.ar/es/carta-de-no-objeci%C3%B3n

Second, the Embassy requires each of the following tasks, which may be overlooked:

You must request the NOS using the Embassy form attached at the bottom of the above link
You MUST pay $40 in the form of a Money Order , fully completed, signed, and made payable to: Embassy of the Argentine Republic
The Form MUST have the Case Number mentioned in part 4
You MUST attach 1 passport-style photo to the application
You MUST sign the form before a Notary Public, and the Notary Public places that State's Acknowledgement/Oath Form from the State's Secretary of State
The Statement in the Form MUST state:
Eligibility for the No Objection Statement
Future plan to change US Visa Status
That you do not owe money to any debtors in the US or in Argentina for the travel to the US and participation in the J Program.

The NOS Application should be mailed to the following address (but be sure to confirm with Google that the address is still correct and the above link, as Embassies can move):

Embassy of Argentina

Att.: Letters of No Objection

1600 New Hampshire Ave. NW

Washington DC 20009

Part 6: Documents

Our office provides the following recommendation of Documents:

Birth Certificates for the J1, any children, and spouse
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 (Possible for US Citizen Children and US Citizen Spouse)
Any US Driver’s License
I-94 Lawful Entry Record ( Found on CBP Website )
ALL DS-2019 ever issued (for J1/J2) [EMPHASIS ON "ALL"]
Any Cedula/Matricula Cards
Resume for the J1
College Transcripts and Diplomas
Proof of Licensures

Part 7: Processing Times and When to Start

The Argentinian Embassy Processes the NOS Application within 2-6 weeks on average.

The DOS Processes the DS-3035 AFTER receiving the No Objection Statement within 2-5 months.

USCIS processes and records the I-612 Waiver filing within 1-2 months.

Overall processing time estimates could be: between 3.5 Months to 8.5 Months. however, this is an estimate, and there are chances US Processing could be longer, all the way up to 1 year, or thereabout.

If you are interested in learning more about our law firm J1 Services, we welcome you to visit our website.

Estate Planning: Custodial IRA for Children or Grandchildren

Fri, 20 Sep 2024 13:27:10 GMT

What is a Custodial IRA?

A custodial IRA is a Roth/Post-Tax retirement account that an adult sets up and manages for a minor. The Child "Owns" the account, and the account can ONLY be funded with the Child's Earned Income. The custodian, usually a parent or grandparent, would be able to manage the account until the child turns 18 or 21, depending on the state's laws of when such accounts must be transferred to the child free and clear of the parent or grandparent. Apart from these Custodial Items, the IRA would act like a regular IRA.

How can a Custodial IRA be used for Estate Planning Purposes?

Leaving a Legacy is usually the main priority when a parent or grandparent is considering an estate plan. Another priority is helping the next generation to not struggle as much as the parent or grandparent struggled to build up their assets, their wealth, their estate. Small contributions when a child is a minor could have a lasting effect on the IRA's growth over the future decades, allowing the child to appreciate financial stability as well as see a first-hand example of the importance of saving, growing wealth, planning for retirement, and estate planning.

Let's be honest, a child never ever thinks about retirement. They are not playing in the park, they stop and turn to mom and dad or to grandpa and grandma, and they ask: What should I do for my retirement? That doesn't happen.

A 20 year old barely considers retirement. Sometimes, even a 30 year old does not see the need for retirement planning.

Who does consider it? Someone who has worked a career, who has built wealth, who has planned for their own retirement, who is starting or revising their estate plan. A Parent or Grandparent thinks about retirement planning.

What is an Earned Income? are children expected to work when they are a minor?

YES! That is the catch of this IRA Option. The Contributions are technically coming from the paychecks of the minor. However, the child does not need to be working on their resume just yet.

A common scenario is employing a minor child in a family business. A child between the ages of 5 to 18 can easily help with cleaning, taking out the trash, shredding paper, greeting clients, watering ornamental plants, and minor secretarial tasks. This employment can allow you to pay $50 or $100 a week. It would be a W-2 Employment, payroll would be documented every paycycle, and if ever needed by the IRS, there would be a substantial paper trail.

Other common scenarios could be the seasonal jobs, such as:

Dog Walking
Dog Grooming
Lifeguard
Mowing Yards
Babysitting

It is important to note, the following DO NOT count as Earned Income:

Gifts
Investment income from items like stocks, CDs, and Real Estate
Allowance from Household Chores

Let's Consider a 10 year Hypothetical Example:

The Custodial IRA does not have to break the bank. Let's use simple numbers and $50 weekly contribution. $50 is easy to swing. Here are the facts:

Child is currently 8, 10 years from now Child will be 18
$50 weekly income/weekly contribution is $2600 annually
IRA has a return/growth rate of 10% (again, easy numbers for example purposes)
Over 10 years, $26000 is contributed.

After 10 years, the above figures would have an estimated IRA Balance of $41,437.30. That is a nice 18th Birthday Present.

NOW, assuming the child DOES NOT withdraw all or part of the money, what would happen if the following happened:

$41,437.30 was left in the IRA until the child turned 58 (40 more years)
$0 was added to the IRA for 40 years
10% grown/return happened year after year.

The $26,000 that was added over the 10 year period (remember, it was just $50 a week) could be an estimated:

$1,704,928.50

Yes, the IRA could be over one million dollars. All from just an executed plan (an estate plan) over the course of 10 years.

Second Hypothetical Example:

What if instead of $50 a week, it was the maximum annual limit (2024 limit is $7000). $7000 a years equals $583.33 monthly. Here are the facts:

Child is currently 8, 10 years from now Child will be 18
IRA has a return/growth rate of 10% (again, easy numbers for example purposes)
Over 10 years, $70,000 is contributed.

The $70k that was added over the 10 years period could be an estimated:

$111,561.97

NOW, assuming the child DOES NOT withdraw all or part of the money, what would happen if the following happened:

$ 111,561.97 was left in the IRA until the child turned 58 (40 more years)
$0 was added to the IRA for 40 years
10% grown/return happened year after year.

The $70,000 that was added over the 10 year period could be an estimated:

$4,590,192.47

The Child would likely hit millionaire status in the 40s, just from this one Custodial IRA. However, if this kind of savings is occuring, the child would likely become a millionaire in the 20s or 30s.

How can the money/the Custodial IRA grow so much?

Simple answer: Time and Compound Growth. The longer a dollar can be invested to earn the child money, the more money the dollar will earn.

Why is a Custodial IRA Important?

How do you get started?

First,Contact an estate attorney to review your assets, liabilities, and overall retirement plan. The estate attorney can explain the process, assist with creating the trust or will, and explain asset transferring and your ultimate goals. An estate attorney can also have useful ideas, like starting a Custodial IRA.

Second, start a custodial IRA at your preferred Brokerage, like Fidelity, Schwab, etc. It takes about 10 minutes to set up. This option is very beneficial to set your children or grandchildren up for future financial success.

US Citizen's Guide to the Immigrant Visa Process for a Spouse or Fiance in Kuwait City

Wed, 31 Jul 2024 14:33:58 GMT

This Blog post will cover what a US Citizen needs to know about the Immigration process for a Spouse or Fiance in Kuwait. Based on our law firm experience, Kuwait filing have an even mixture of the Spouse of Fiance being (1) Kuwait Citizen, (2) Philippine Citizen, or (3) a citizen of another country. With this in mind, we will try to cover the document requirements and process more broadly. Additionally, Numerous Active Duty Service Members and DOD Contractors appear to be stationed in Kuwait, at Camp Arifjan (AJ).

Some common topics can be seen here:

What is the normal processing time?

For the K-1 Visa, here are the following rough estimates:

I-129F Petition: 1 to 1.5 Years to process at USCIS
NVC Transfer: 2-4 Months
Kuwait City DS-160 Visa Application Processing: Within 1-4 months
90 Days to Marry in the US
I-485 and I-765: 1-5 Years (depends heavily on where you live in the US)

For the CR-1/IR-1 Spousal Visa, here are the following rough estimates:

I-130 Petition: 1 to 1.5 Years to process at USCIS
NVC Processing: 2-4 Weeks
Kuwait City DS-260 Visa Application Processing: Within 1-4 months
Immigrant Fee/Green Card Printing: within 4 months AFTER entry in the US (However, the CR-1/IR-1 has a 1 year Temporary Green Card placed in the Passport)

What Documents are recommended?

For the K-1 Fiance Process, more guidance can be seen here: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/i-129f-fiance-visa-how-to-prove-your-relationship-to-uscis

For CR-1/IR-1 Spousal Processing, more guidance can be seen here: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends

If you would like to set up a Consultation to Speak with the Immigration Attorney, please feel free to contact our office.

Philippine CENOMAR: Certificate of No Marriage

Mon, 29 Jul 2024 21:03:00 GMT

The CENOMAR or Certificate of No Marriage is a mandatory document for Philippine Citizens in need of either a Fiance Visa, Spousal Visa, or another Green Card Visa. The CENOMAR must be issued by the PSA or Philippine Statistics Authority (NSO is no longer acceptable).

The PSA is the primary & central authority that validates the records originating from the Local Civil Registrar (LCR) office nationwide, Philippine Courts, Sharia Court, Ethnic Tribal marriage, and records performed by the Philippine embassies abroad.

Procedure for Obtaining:

Complete Instructions/procedures on how to apply and fee payment for the civil documents may be viewed at www.psaserbilis.com.ph or https://psahelpline.ph . (Note: All PSA Metro Manila Outlets/offices are open from Mondays to Fridays 7:00 AM to 4:00 PM and Saturdays 8:00 AM to 5:00 PM. Please check with issuing agency for updated business hours).

Philippine Related Articles:

The post Philippine CENOMAR: Certificate of No Marriage appeared first on Fickey Martinez Law Firm .

Philippines: NBI Police Clearance

Mon, 29 Jul 2024 16:55:00 GMT

The NBI Police Clearance is very similar to the FBI Fingerprint Check you would find in the United States. The NBI Clearance is issued by the National Bureau of Investigation (NBI).

The document is the color Blue and annotated multi-purpose clearance.

Procedure for Obtaining:

Applicants who prefer to secure the certificate personally must proceed to any NBI Clearance Outlets. For a complete list of NBI outlets, please visit this link: https://www.nbiclearance.org/how-to-apply-for-nbi-clearance/

All Foreign Nationals requesting for clearance will only be processed at the NBI Main Processing Center located at United Nations Avenue, Ermita Manila.

National Bureau of Investigation: http://nbi.gov.ph/

PSA Philippine Birth Certificate

Mon, 29 Jul 2024 14:59:00 GMT

The Philippine Birth Certificate must be from the PSA, and not the NSO. The Birth Certificate can be one or two pages long and is a yellow/green color.

Applications to order a Birth Certificate can be made in person by the individual or by his/her representative at Census Serbilis Centers. Documents applied at the East Avenue Census Serbilis Outlet will be released at the same outlet on the date specified on the receipt.

Contact Information:

Note: Our Law Office does not assist in acquiring Birth Certificates. Due to Privacy or needing to be a citizen of that country, only the person named on the birth certificate is normally the only person permitted to request such documents.

What does a USCIS Receipt Number (MSC, LIN, SRC, EAC, WAC, IOE) Mean?

Mon, 29 Jul 2024 10:00:00 GMT

A USCIS Receipt Number is very similar to tracking a package on Amazon. The Receipt Number, better called a tracking number, allows a recipient to track a filing online, over the phone, or in person at an INFOPASS.

Now, let’s dive deeper!!! The Receipt Number can be broken into four parts. See the diagram below:

USCIS Office Locations have the following 3-digit codes:

Fiscal Year

The Receipt Number follows the Fiscal year, and not the Calendar year. The Fiscal year starts October 1st and ends September 30th. So, for example, if a filing is “received” on October 1, 2018, the “year” will actually be 19, since you will technically be in the fiscal year 2019.

Day and processing number

The # of days and the # of filings performed on that day make up the last 2 parts of a USCIS Tracking Number. Usually, when you file forms together, you will see consecutive numbers, and that is in part due to the officer receiving all of the receipt numbers at the same time on the date of receipt.

My IOE number is different from above

IOE or ELIS filings are governed by a different “setup” for receipt tracking numbers. Filings like the I-90, N-400, I-821D, and OS-155A are provided a more extensive syncing to the USCIS My Case Status Online System. If you haven’t attempted to view the status of the filing online, it is highly beneficial.

In 2023-2024, USCIS added many more filing case types to the IOE/ELIS system.

Frequently, IOE filings are provided an Online Portal with USCIS. If you receive an Access Code Notice, it is wise to create the account as USCIS immediately.

Why does my Case Number start with MCT?

MCT is a code associated with I-539 Change/Extension of Status. The service center associated with the filing can be found at the bottom left side of the USCIS Receipt Notice.

My Online USCIS Case Status never updates?

This is a common question that most of my staff get asked. Usually, the online status stays on “filing received.” The Online Status is a courtesy feature that isn’t always updated by USCIS. Just because a filings status isn’t moving, that doesn’t mean USCIS isn’t going to schedule a biometric appointment or actively review a file. The filing continues to process even when the Online Status never updates.

Our office created this helpful guide of the common USCIS Case Status: found here

Having Trouble calling USCIS?

(Updated April 1, 2024) The Automated Phone Directory is difficult to deal with. The USCIS Call Center is no longer meant to provide case statuses, as that is now performed by the USCIS Case Status Online and the new USCIS ELIS System.

Have you viewed our Immigration Guides based on the country of your Spouse, Fiance, Parent, or Child?

Our Office is also proud to offer Immigration Guides for US Citizens and Foreign Spouses or Fiances for the following Countries:

If you have any concerns about immigration issues, you should speak with an Immigration Attorney, or you may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066.

If you want to learn more about our Immigration Team, please visit the following link: Meet Our Immigration Team

Visit some related Blog Posts:

The post What does a USCIS Receipt Number (MSC, LIN, SRC, EAC, WAC, IOE) Mean? appeared first on Fickey Martinez Law Firm .

Canadian Long-Form Birth Certificate for US Immigration

Sun, 28 Jul 2024 16:11:00 GMT

USCIS, NVC, and DOS only accept the Long-Form Canadian Birth Certificates. This post will display the difference in Birth Certificates as it relates to US Immigration filings.

What are the Basic Formats?

There are a few basic formats for Birth Records across Canada:

How can I request a Canadian Birth Certificate?

Not all provinces and territories issue all of the formats noted above. Province-and-territory specific information on obtaining acceptable birth certificates are as follows:

Note: Our Law Office does not assist in acquiring Birth Certificates. Due to Privacy or needing to be a citizen of that country, only the person named on the birth certificate is normally the only person permitted to request such documents.

US Citizen’s Guide to US Immigration of a Canadian Spouse or Fiance

Sun, 28 Jul 2024 15:32:00 GMT

This post will discuss two types of Immigrant Visas available for a Canadian Spouse or Fiance:

Additionally, the Adjustment of Status filing option will be discussed.

What US Consulate in Canada can you receive an Immigrant Visa?

Montreal!!! The only US Consulate that processes Immigrant Visas in Canada is the US Consulate in Montreal. The following Consulates and Embassy DO NOT process Immigrant Visas:

An Immigrant Visa CANNOT be transferred to any other US Embassy/Consulate in Canada. It must be processed at the Montreal US Consulate’s Immigrant Visa Division.

What is the difference between getting an Immigrant Visa and Adjusting Status?

An Immigrant Visa processes at the US Consulate in Montreal under the DOS, whereas Adjustment of Status processes at a USCIS Field Office within the United States.

Most Canadians are allowed to enter the US on their “automatic” Visa Waiver/Tourist Visa. However, a tourist can be punished for “visa fraud” if they stop acting like a tourist and try to immigrate from a non-immigrant status (tourism). There are some special exceptions, such as:

If a special exception does not apply to a Canadian, then an Immigrant Visa should be pursued.

Visa Process:

What is the CR-1/IR-1 Spousal (Immigrant) Visa Process?

The IR-1 / CR-1 Spousal Immigrant Visa is the visa that would allow a Canadian spouse to receive a Green Card Visa and immigrate to the US. The process has 2 general steps:

However, a more in-depth overview of the process in its entirety provides a better understanding:

What is the K-1 Fiance (Immigrant) Visa Process?

The Fiancee Visa has 3 steps:

Although the K-1 Fiance is frequently confused as a non-immigrant visa, it is 100% handled and treated as an immigrant visa. The K-1 Fiance Visa CANNOT be treated like a tourist visa. It cannot be scheduled at any time. The ABOVE steps must be followed.

More information can be found here: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/is-the-k1-fiance-visa-an-immigrant-or-non-immigrant-visa/

A more thorough review of the Fiance Process is as follows:

Things to Know:

Special Attention: Canadian Birth Certificate and Police Certificate

There are two documents that frequently cause some confusion when a Canadian is attempting to acquire a US Immigrant visa, and they are a (1) Long Form Birth Certificate and (2) an RCMP Police Certificate.

Our office has detailed information on both documents here:

Canadian Long-Form Birth Certificate for US Immigration

Canada Police Certificate: US Visa Document Requirement

K-1 Letters of Intent: Things to Know

The Canadian Letter of Intent MUST be a promise to marry within Thirty (30) days versus the general ninety (90) days. A template can be found here:

Fiance Letter of Intent Template

Are there any Consular / Immigrant Visa Interview instructions?

The Montreal Embassy provides the following instructions for consular interviews: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MTL-Montreal.html

How do I prove my Relationship to USCIS for purposes of the Petition?

Our office has created two really good guides for both the I-130 Petition and I-129F Petition:

Joint Bona Fide Documents: How to Start meeting the USCIS I-130 Evidence Requirement for a Marriage

I-129F Fiance Visa: How to prove your relationship to USCIS

What if a filing is already submitted, and taking too long, how can the average processing time be checked?

If doing Consular Processing, the Fiance Visa and Spousal Visa start with a USCIS Petition:

I-129F for K1 Visa (Service Center located on USCIS Receipt Notice, but usually California Service Center)
I-130 for CR-1/IR-1 Visa (Service Center located on USCIS Receipt Notice, but usually Potomac Service Center)

The below blog post helps locate the USCIS Tool to see up-to-date processing times. If a filing is taking too long, it is best to see if it is processing at the same pace as others.

How do I check USCIS processing times?

AFTER THE PETITION, the Visa processing depends 100% on NVC Processing Times (found here: https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html ). Additionally, every Embassy and Consulate process at different speeds, which the speed fluctuates throughout the year, AND there is NO processing time tools or sources.

What is the US Fiance/Spouse’s Financial Requirement and Stability Minimum?

In order to Sponsor a Canadian Fiance or Spouse, the US Citizen is required to either:

Have Employment that exceeds the I-864P for the household size
Have Self-employment where the Profit exceeds the Expenses, and that Adjusted Gross Income exceeds the I-864P for the household size
In unemployed or have insufficient employment, have assets that exceed the I-864P by three times.

For Example:

A Spouse or Fiance that makes $25,000 annually from a W-2 Employment for a household size of 2 usually exceeds the I-864P.
A Self-employed US Citizen can have $100,000 in income, but if the expenses are $90,000, the profit of $10,000 would not exceed the I-864P.
A US Citizen is unemployed, but has a $100,000+ House paid off or a stock portfolio of $100,000+, the asset can normally exceed the I-864P requirement.

The I-864P Guidelines can be found here: https://www.uscis.gov/i-864p

What Financial Documents MUST a US Citizen provide:

The Following Documents are usually required:

W-2 Employment
Most Recent W-2
1040 Tax Return Forms for the past 3 years
IRS Tax Return Transcripts for the past 3 years, more info found here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/
12 months of paystubs
1099 Employment
Most Recent 1099
1040 Tax Return Forms for the past 3 years
IRS Tax Return Transcripts for the past 3 years, more info found here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/
12 months of paystubs
Employment Contract (if any)
Self-employment / Business Owner
Proof of ownership
Proof of Incorporation or Formation
Business bank Statements for the past 12 months
Summary of Current Profits and Losses
Most Recent Business Schedules (e.g. Schedule C)
1040 Tax Return Forms for the past 3 years
IRS Tax Return Transcripts for the past 3 years, more info found here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/
Quarterly Tax Filings, if the business files with the IRS Quarterly
VA Disability Income
VA Benefit and Disability Information Letter , located on the VA Ebenefits Website ( Link found here )
Past 12 months of Bank Statements from the Account that receives the Direct Deposits
Asset Income (More Information found here: /immigration/adjustment-of-status/i-864-asset-calculations/ )
Stock Portfolio, IRA, 401K, or CD: Most Recent Statement
Rental Property Income:
Past 12 months of rent payments
Past 12 months of mortgage statements
Property Equity
Registered Deed
Tax Assessment or Appraisal
Most Recent Mortgage Statement
Second or More Vehicle
Registration
Photo of vehicle
Kelly Blue Book Assessment
Most Recent Vehicle Loan Statement, if any

Common Additional Questions:

When the Immigrant Visa is in Hand, can the Canadian Drive or Fly to the United States?

Driving and Flying are both available once the Immigrant visa is in hand.

Can a Canadian Fiance or Spouse Drive in the United States with their Canadian Driver’s License?

Technically, an Immigrant Visa Holder CANNOT use a foreign drivers license to drive in the United States. As a permanent resident or soon to be permanent resident, the Canadian Fiance or Spouse will be held to the same standards as US citizens.

The Local DMV usually requires:

Passing the driving test
Acquire the proper car insurance
Drive with a US driver’s license

Can a Fiance or an Immigrated Spouse receive a Social Security Card?

Our office has created two really good guides for both the Fiances and Spouses.:

The post US Citizen’s Guide to US Immigration of a Canadian Spouse or Fiance appeared first on Fickey Martinez Law Firm .

Canadian Divorce Decree for US Immigration Purposes

Sun, 28 Jul 2024 15:01:00 GMT

The US Government accepts two versions of a Canadian Divorce Decree:

A good practice is to acquire and provide BOTH versions of the Divorce Decree, as the Certified Court Decree generally states that the document does not “go into effect” for 31 days and that the “Certificate of Divorce” would be available after the 31 day period has passed. Additionally, Form 36B would state the “Date of Divorce,” which may not be present in the Court Decree.

If you are unsure of where the Divorce occurred, the Canadian Government has an agency called the Central Registry of Divorce Proceedings (Link found here: https://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html ). The Central Registry cannot issue a Certified Court Decree or the Form 38B Certificate of Divorce, but they will be able to confirm where the divorce was granted, which will aid in locating the proper location to request the divorce record.

US Citizen’s Guide to Immigrating a Brazilian Spouse or Fiance

Sat, 27 Jul 2024 17:09:00 GMT

Our office has two guides for a significant other from Brazil, whether it be for a spouse or a fiance. Please select the guide that is ideal for your relationship status:

Brazilian Spouse

Brazilian Fiance

The post US Citizen’s Guide to Immigrating a Brazilian Spouse or Fiance appeared first on Fickey Martinez Law Firm .

US Citizen’s Guide to Immigrating a Brazilian Spouse

Sat, 27 Jul 2024 16:33:00 GMT

This post will discuss the Spousal Immigrant Visas available for a Brazilian Spouse, know as the:

CR-1 Conditional Immediate Relative based on a marriage less than 2 years old
IR-1 Immediate Relative based on a marriage more than 2 years old

This Post will not cover the K-3 Immigrant Visa, due to the low approval rating (i.e. less than a dozen worldwide). A Related Post can be found here .

If you have not yet married your Brazilian Fiance/Girlfriend/Boyfriend, then our guide for Brazilian Fiances may be helpful: K-1 Fiance Visa: Brazilian Fiance

The IR-1 / CR-1 Spousal Immigrant Visa is the visa that would allow a Brazilian spouse to immigrate to the United States. The process involves two main stages.

For a more detailed overview of this type of filing and what it entails please refer to the steps below:

Average Processing Time: [Updated 2024] 12 to 18 months (with the bulk of processing time spent in the I-130 Petition)

Estimated Government Cost: [Updated 2024] $1305

What is the Difference of a CR-1 or IR-1 Visa? When the couple has been married for less than 2 years at time of interview (not when you enter the US or are admitted), then a CR-1 Visa would be issued, conditioning the residence to a 2-year Green Card and requiring an I-751 thereafter. ( More information found here ) If the marriage is more than 2 years at time of interview, then an IR-1 Visa would be issued and a subsequent Green Card would be valid for 10 years.

If you require assistance with the Spousal or Fiance Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.

The post US Citizen’s Guide to Immigrating a Brazilian Spouse appeared first on Fickey Martinez Law Firm .

K-1 Fiance Visa: Brazilian Fiance

Sat, 27 Jul 2024 15:09:00 GMT

The K-1 Fiance Visa is the perfect Visa to bring a couple together in the United States. However, every country is different in terms of process, supporting document requirements, and processing time since everything depends on the US Consulate in that specific country. Here, we will specifically focus on Brazil and the Brazilian Fiance.

[Read this post in Portuguese]

What are the basic K-1 Visa requirements?

The Requirements are as follows:

What is the K-1 Fiance Visa Process in a Nutshell?

The K1 Fiance Visa Process is basically the following three (3) Steps:

How Long is the K-1 Fiance Visa Process?

Unfortunately, the processing time fluctuates, and an exact time cannot be stated. Frequently, our office hears that someone “read online” or “heard from a friend that did it years ago” that the process only took a few weeks or a couple of months. True, it may have been quicker in the past. However, you can break down the following filings:

Since two filings belong to USCIS, below is a helpful article on finding up-to-date processing time with USCIS:

How much does everything cost?

Fees can easily change. However, please refer to the following items to find the most up-to-date information from the different Agencies:

What are the Specific Brazilian K-1 Fiance Visa Requirements?

The US Consulate in Brazil will require the following items:

Why is the K-1 Visa only offered at the US Consulate in Rio de Janeiro?

The is actually a super common question. Not all US Consulates offer the same services. Additionally, not all US Consulates have Immigrant Divisions. Since the K-1 Visa is an “Immigrant” or “Green Card” process, it would require an “Immigrant Visa.” Currently, only Rio de Janeiro is the ONLY US Consulate that provides the K-1 Fiance Visa.

As a common follow-up question: how is the K-1 Visa an immigrant visa, when the DS-160 is the Non-immigrant Visa Application? In short, the K-1 is between the immigrant and nonimmigrant categories since they are transitioning to marriage to a US Citizen, and for the fact that the third step of the K-1 Fiance Visa Process would be the actual “green card application.”

Where can I find specific Rio de Janeiro consulate information on the K-1 Fiance Process?

Here is a link to the Consulate: https://br.usembassy.gov/visas/fiancee/the-interview-2/

Where can I find more information on the Immigrant Visa Process?

Here is a link provided by the US Department of State: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/RDJ-Rio-de-Janeiro.html

The above link is the 08/14/2019 edition, definitely check to make sure you have the most up-to-date version since it does update every one to two years. Since the Consulates have been moving away from PDF instructions, it is very possible they will just update the above link with new editions.

See more on our K-1 Fiance Page:

The post K-1 Fiance Visa: Brazilian Fiance appeared first on Fickey Martinez Law Firm .

Libertad condicional de Biden para 2024: requisitos y elegibilidad

Fri, 26 Jul 2024 17:17:17 GMT

El programa de libertad condicional en el lugar de Biden para 2024 es una derivación del programa de libertad condicional militar en el lugar, que ya existe desde hace mucho tiempo. El objetivo del programa es DIRIGIRSE a los cónyuges que ingresaron ilegalmente a los EE. UU. y brindar una alternativa más razonable al proceso de inmigración en comparación con un proceso en el extranjero que normalmente puede demorar entre 6 y 8 años para obtener un resultado, para obtener una visa de inmigrante o una tarjeta verde.

Este programa sería muy beneficioso para una población de los EE. UU. que ha enfrentado dificultades de procesamiento consular durante años: los beneficiarios de DACA. Personas que han estado presentes en los EE. UU. desde la infancia, pero debido a una entrada ilegal facilitada por sus padres o familiares, han tenido dificultades para inmigrar a los EE. UU. debido a su matrimonio con un ciudadano estadounidense.

En esta publicación revisaremos los requisitos que se han anunciado hasta ahora.

Nuestra experiencia:

Nuestra oficina tiene casi una década de experiencia con la libertad condicional militar vigente. Nuestra experiencia se ha centrado principalmente en los estados con una fuerte presencia militar.

Dado que la libertad condicional de Biden (también conocida como libertad condicional civil vigente o libertad condicional humanitaria vigente) es similar a la PIP militar en cuanto a su estructura, nuestra experiencia puede resultar extremadamente beneficiosa.

La biografía de nuestra oficina se puede ver aquí.

Requisitos BÁSICOS para ser elegible:

Un solicitante inmigrante debe:

Estar presente en los Estados Unidos sin admisión ni libertad condicional;
Haber estado presente de forma continua en los Estados Unidos durante al menos 10 años a partir del 17 de junio de 2024;
Tener un matrimonio legalmente válido con un ciudadano estadounidense a partir del 17 de junio de 2024; y
No debe tener antecedentes penales que lo descalifiquen ni constituir una amenaza para la seguridad nacional o la seguridad pública.

La libertad condicional en el lugar está disponible para:

Cónyuges de ciudadanos estadounidenses
Hijastros menores de 21 años que no se hayan casado y cuyos padres se casaron antes de los 18 años

Todas las solicitudes tendrán en cuenta:

Historial de inmigración anterior
Antecedentes penales
Los resultados de las verificaciones de antecedentes y de las investigaciones de seguridad pública y nacional
Cualquier otra información relevante disponible o solicitada por el USCIS

¿Cómo demostrar una entrada a los EE. UU. sin admisión o libertad condicional?

A nuestra oficina le gusta denominar la Declaración Jurada de Libertad Condicional en el Lugar como una "Declaración Jurada de Elegibilidad". Cuando nuestra oficina realiza una Declaración Jurada de Elegibilidad, consideramos la cantidad de entradas y el fraude cometido en el momento de la entrada. Si se produjeron varias entradas, el solicitante puede ser excluido permanentemente de convertirse en residente permanente legal (otro blog sobre el problema de las entradas múltiples se puede encontrar aquí: /immigration/permanent-bar-for-two-or-more-illegal-entries-ina-212a9ci/ ). En la situación de la prohibición permanente, un inmigrante normalmente tiene PROHIBIDO recibir una tarjeta verde.

Nuestra oficina realiza esta declaración jurada de elegibilidad en todos los casos, independientemente de la jurisdicción. Si el solicitante es 100% elegible o se puede argumentar que es elegible debido a que existe una dificultad para el ciudadano estadounidense, confirmar la elegibilidad y proporcionarla al USCIS ayuda a que el proceso de presentación sea más fácil. Sin embargo, todos los solicitantes deben tener cuidado con los posibles riesgos y siempre deben buscar la orientación de un abogado de inmigración con conocimientos sobre inmigración militar.

La declaración jurada de libertad condicional/declaración jurada de elegibilidad debe tener la siguiente información:

Número de entradas
Fecha de todas las entradas
Ubicación de todas las entradas
Método de transporte para todas las entradas
Número de personas que acompañan, junto con su nombre, relación con el solicitante y fecha de nacimiento
Explicaciones de cualquier encuentro con oficiales de inmigración o la Patrulla Fronteriza
Explicación de cualquier solicitud de inmigración anterior, como DACA o TPS

La declaración jurada también debe indicar el nombre completo del solicitante, la fecha de nacimiento, el lugar de nacimiento, la dirección actual, el número de teléfono y la declaración jurada debe estar certificada ante notario.

NOTA: ¡Salvar a uno a costa de muchos!

¿Qué significa esto? Bueno, el USCIS puede usar una Declaración Jurada del Solicitante en contra de la familia del Solicitante. Un escenario común es que un niño cruce la frontera ilegalmente con sus padres, ya sea que los padres estuvieran físicamente presentes o pagaran a un coyote para que lo ayudara a cruzar. Esto puede considerarse tráfico de personas según la Ley de Inmigración de los EE. UU. y puede causar complicaciones graves. Ahora bien, esto es problemático cuando el solicitante fue el padre “contrabandista”. De manera similar, no querría meter a sus suegros en problemas con Inmigración, independientemente de si son ilegales o han recibido una Tarjeta Verde o la ciudadanía de los Estados Unidos.

¿Cómo demostrar la presencia continua durante los últimos 10 años?

En primer lugar, la presencia continua significa que no puede haber NINGÚN momento fuera de los EE. UU. durante los últimos 10 años.

En segundo lugar, la presencia normalmente se demuestra proporcionando:

Más de 10 años de de claraciones de impuestos
Más de 10 años de contratos de alquiler o escrituras
Expedientes de la escuela primaria, secundaria y preparatoria
Expedientes universitarios
Expedientes de vacunación
Expedientes médicos
Facturas de cada lugar en el que haya vivido
Facturas médicas, registros de vacunación y registros escolares de los niños

¿Qué sucede si se aprueba la libertad condicional en el lugar?

En pocas palabras, usted es elegible para ajustar su estatus en los EE. UU. Es decir, puede obtener una tarjeta verde dentro de los EE. UU., sin la necesidad de viajar al exterior, la necesidad de una exención I-601A y el riesgo de perder su empleo y sus responsabilidades diarias al estar en el extranjero durante algunas semanas o algunos meses.

Si desea revisar su elegibilidad para este nuevo programa, se recomienda programar una consulta con un abogado de inmigración con experiencia en solicitudes de libertad condicional en el lugar.

Descargo de responsabilidad: el editor del blog o del estudio jurídico pone a su disposición este blog únicamente con fines educativos y para ofrecerle información general y una comprensión general de la ley, no para proporcionar asesoramiento legal específico. Al utilizar este blog, usted acepta que no existe una relación abogado-cliente entre usted y el editor del blog o del sitio web. El blog no debe utilizarse como sustituto del asesoramiento legal competente de un abogado profesional autorizado en su estado.

Biden 2024 Parole in Place: Requirements and Eligbility

Fri, 26 Jul 2024 13:08:52 GMT

Biden's 2024 Parole in Place program is a derivation of the long-standing Military Parole in Place program. The purpose of the program is to TARGET spouses that entered the US illegally, and provide a more reasonable alternative to the Immigration process versus a process abroad that can normally take 6-8 years to get a result, to get an immigrant visa, to get a Green card.

This program would be super beneficial for 1 population in the US that has been facing consular processing difficulties for years: DACA Recipients. Individuals that have been present in the US since childhood, but due to an illegal entry facilitated by their parents or family, have been encountering difficulties in immigrating to the US based on their marriage to a US Citizen.

This post will review the requirements that have been announced so far.

Our Experience:

Our office has nearly a decade of experience with Military Parole in Place. Our experience has heavily centered around states with strong military presence.

Since Biden's Parole in Place (aka Civilian Parole in Place or Humanitarian Parole in Place) is similar to the Military PIP in structure, our experience may be extremely beneficial.

Our Office Biography can be seen here.

CORE Requirements to be Eligible:

An Immigrant Applicant must:

Be present in the United States without admission or parole;
Have been continuously present in the United States for at least 10 years as of June 17, 2024;
Have a legally valid marriage to a U.S. citizen as of June 17, 2024; and
Must not have disqualifying criminal history or otherwise constitute a threat to national security or public safety.

The Parole in Place is available for:

Spouses of US Citizen
Stepchildren under the age of 21, that have not married and where the married of the parents occurred prior to the age of 18

All requests will take into consideration:

Previous immigration history
Criminal history
The results of background checks and national security and public safety vetting
Any other relevant information available to or requested by USCIS

How to prove an entry into the US without admission or parole?

Our Office likes to term the Parole in Place Affidavit as an “Eligibility Affidavit.” When our office performs an Eligibility Affidavit, we consider the number of entries and fraud performed at the time of entry. If multiple entries occurred, the Applicant may be Permanently Barred from becoming a Lawful Permanent Resident (Another blog on the multi-entry issue can be found here: /immigration/permanent-bar-for-two-or-more-illegal-entries-ina-212a9ci/ ). In the Permanent Bar situation, an immigrant is normally BARRED from receiving a Green Card.

Our office performs this eligibility affidavit in every case, regardless of jurisdiction. If the Applicant is 100% Eligible or arguably is eligible since there is a hardship to the US Citizen, confirming eligibility and providing that to USCIS helps the filings process easier. However, every Applicant should be wary of the possible risks and should always seek guidance from an Immigration Attorney knowledgeable about Military Immigration.

The Parole in Place Affidavit/Eligibility Affidavit should have the following pieces of information:

Number of Entries
Date of all Entries
Location of all Entries
Method of Transportation for all Entries
Number of People Accompanying, along with their Name, Relationship to Applicant, and Date of Birth
Explanations of any encounters with Immigration Officers or Border Patrol
Explanation of any past Immigration filings, such as DACA or TPS

The Affidavit should also state the Full Name of the Applicant, Date of Birth, Place of Birth, Current Address, Phone Number, and the Affidavit should be notarized.

NOTE: Saving One at the Cost of Many!

What does this mean? Well, USCIS can use an Affidavit of the Applicant against the Applicant’s family. A common scenario is that a child crosses the border illegally with their parents, either the parents were physically present or paid a coyote to assist in the crossing. This can be considered Human Trafficking under US Immigration Law and can cause serious complications. Now, this is problematic when the Applicant was the “smuggling” parent. Similarly, you would not want to get your in-laws in trouble with Immigration, regardless if they are illegal or have received a Green Card or United States Citizenship.

How to prove Continuous Presence for the past 10 years?

First, continuous presence means that there cannot be ANY time outside of the US over the past 10 years.

Second, presence is normally proven by providing:

10+ years of tax returns
10+ years of leases or deeds
Elementary School, Middle School, and Highschool Records
College Records
Vaccination Records
Medical Records
Bills for every place lived in
Medical bills, vaccination records, and school records of children

What happens if Parole in Place is approved?

Simply put, you are eligible to Adjust Status in the US. Meaning, you can get a Green Card within the US, without the need to traveling abroad, the need of an I-601A waiver, and risking employment and daily responsibilities by being abroad for a few weeks to a few months.

If you wish to review your eligibility for this new program, it is recommended to schedule a consultation with an Immigration attorney experienced in Parole in Place filings.

Katayuan/Abiso sa Dokumentaryong Kwalipikado ng NVC: Ano ang Susunod na Mangyayari? (Filipino/Tagalog Translation)

Wed, 17 Jul 2024 14:01:07 GMT

Ang NVC "Documentarily Qualified Email" ay magandang balita, nangangahulugan ito ng pag-unlad. Sa pangkalahatan, ang NVC ay nagsasaad ng 3 bagay sa paunawa:

Una, ang mga sumusunod ay nasuri, naaprubahan, at natapos:
Mga Bayad sa Visa
DS-260 Visa Application
I-864 Affidavit of Support
Lahat ng Mandatoryong Petitioner/Sponsor Supporting Documents
Lahat ng Mandatoryong Benepisyaryo na Sumusuportang Dokumento
Ipinapadala ng NVC ang Filing sa Embahada o Konsulado para sa Pag-iskedyul ng Panayam sa Visa
Ibibigay ng NVC ang Araw at Oras ng Panayam sa sandaling makarinig sila mula sa Embahada o Konsulado

Karaniwang Susunod na Tanong: Ano ang Timeline para sa Interview na iiskedyul?

HINDI makapagbigay ng pagtatantya ang Pamahalaan kung gaano katagal bago maproseso ang backlog. Maaari LAMANG nilang iiskedyul ang iyong Visa Interview 2-6 na linggo nang mas maaga, kapag nakarating na sila sa iyong file. Ang ilang mga Embahada/Konsulado ay nag-iskedyul ng mga panayam sa loob ng 1-5 buwan, samantalang ang ibang mga Embahada/Konsulado ay maaaring tumagal nang higit sa isang taon o 2 taon. Halimbawa, ang apat na PINAKA-BUSIY na Embahada/Konsulado sa mundo ay:

Mexico
India
Tsina
Pilipinas

Ang mga pagkaantala ay 100% inaasahan sa 4 na pinaka-abalang bansa.

Hindi rin mahuhulaan ng law firm kung gaano katagal ang pag-iiskedyul. Gayunpaman, ang isa sa pinakamahusay, pinaka-up-to-date na mga uri ng impormasyon sa paksang "hindi opisyal/impormal" na ito ay mga online na forum. Karaniwang ibinuboluntaryo ng mga tao ang kanilang mga timeline, na tumutulong sa paggabay sa mga inaasahan ng mga tao, lalo na sa mga naghihintay lamang na ma-iskedyul pagkatapos na maging kwalipikado sa dokumentaryo.

Mexico
India
Tsina
Pilipinas

Karaniwang Ikalawang Tanong: Maaari ko bang pabilisin ang aking pag-iskedyul o pabilisin ang aking kaso?

Sa pangkalahatan, HINDI! Karaniwang pinapabilis lamang ng gobyerno ang isang kaso kung ang mga sumusunod na sitwasyon ay naroroon:

Ang buhay ng Benepisyaryo ay nasa panganib o nangangailangan sila ng AGAD na medikal na atensyon o gamot na WALA SA ABROAD. Ang sitwasyong ito ay 100% sa labas ng iyong kontrol, at ayaw ng Gobyerno na ang pinakahihintay na asawa o anak o magulang ay mamatay habang naghihintay. Nangangailangan ng Mga Rekord na Medikal, Suporta ng Doktor, at posibleng Pagsusuri ng Doktor sa US.
DAPAT pumunta kaagad sa US ang Benepisyaryo upang mag-claim ng mana na 1 milyong dolyar. Ang Estate/Probate Attorney ay kinakailangan na patunayan ang pagkaapurahan at kumonekta sa posibilidad ng matinding pagkawala ng pananalapi na 1 milyong dolyar kung ang benepisyaryo ay mapipilitang maghintay.
Ang magulang ay hiwalay na sa kanilang menor de edad na anak at ang bata ay hindi makapunta sa ibang bansa, ang magulang ay hindi maaaring bumiyahe sa US, ang ibang magulang o tagapag-alaga ay HINDI NA PAHIHINTAYANG alagaan ang bata (hal. pagkakulong, nasa coma, sa drub rehabilitation center , atbp), at maaaring mas mabilis ang proseso ng pag-file ng magulang sa ibang bansa o dadalhin ng estado ang bata sa foster care (dahil sa pag-abandona).

Ang batayan upang pabilisin o pabilisin ay SOBRANG SOBRANG limitado, at MAGAMIT LAMANG SA KARAGDAGANG MGA KASAYSAYAN. HINDI MAGBIBILI ang Gobyerno dahil sa:

Ang buhay ng Benepisyaryo ay nasa panganib o nangangailangan sila ng AGAD na medikal na atensyon o gamot na WALA SA ABROAD. Ang sitwasyong ito ay 100% sa labas ng iyong kontrol, at ayaw ng Gobyerno na ang pinakahihintay na asawa o anak o magulang ay mamatay habang naghihintay. Nangangailangan ng Mga Rekord na Medikal, Suporta ng Doktor, at posibleng Pagsusuri ng Doktor sa US.
DAPAT pumunta kaagad sa US ang Benepisyaryo upang mag-claim ng mana na 1 milyong dolyar. Ang Estate/Probate Attorney ay kinakailangan na patunayan ang pagkaapurahan at kumonekta sa posibilidad ng matinding pagkawala ng pananalapi na 1 milyong dolyar kung ang benepisyaryo ay mapipilitang maghintay.
Ang magulang ay hiwalay na sa kanilang menor de edad na anak at ang bata ay hindi makapunta sa ibang bansa, ang magulang ay hindi maaaring bumiyahe sa US, ang ibang magulang o tagapag-alaga ay HINDI NA PAHIHINTAYANG alagaan ang bata (hal. pagkakulong, nasa coma, sa drub rehabilitation center , atbp), at maaaring mas mabilis ang proseso ng pag-file ng magulang sa ibang bansa o dadalhin ng estado ang bata sa foster care (dahil sa pag-abandona).

Disclaimer: Ang Blog na ito ay ginawang available ng abogado o law firm na publisher para sa mga layuning pang-edukasyon lamang pati na rin upang bigyan ka ng pangkalahatang impormasyon at pangkalahatang pag-unawa sa batas, hindi para magbigay ng partikular na legal na payo. Sa paggamit ng blog site na ito, nauunawaan mo na walang ugnayang abogado-kliyente sa pagitan mo at ng publisher ng Blog/Web Site. Ang Blog ay hindi dapat gamitin bilang kapalit ng karampatang legal na payo mula sa isang lisensyadong propesyonal na abogado sa iyong estado.

Hướng dẫn nhập cư cho vợ/chồng hoặc hôn phu của công dân Hoa Kỳ (Vietnamese)

Mon, 15 Jul 2024 17:29:21 GMT

https://vn.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage/

Hướng dẫn này dành cho Công dân Hoa Kỳ đang cố gắng hiểu đầy đủ (1) các lựa chọn kết hôn là gì và (2) các lựa chọn/quy trình nhập cư. Nếu bạn có Vợ/chồng hoặc Hôn phu là người Việt Nam, Hướng dẫn này sẽ bao gồm các chủ đề và câu hỏi phổ biến nhất.

Đầu tiên, hai lựa chọn thị thực nhập cư là gì:

Thị thực vợ/chồng CR-1/IR-1 (Người nhập cư) và
Visa hôn phu (người nhập cư) K-1

Thứ hai, làm thế nào để kết hôn ở Việt Nam?

Đại sứ quán Hoa Kỳ hướng dẫn việc kết hôn tại Việt Nam như sau:

Tuy nhiên, Hôn nhân ảo ở Utah cũng có thể là một khả năng khả thi:

https://www.fickeymartinezlaw.com/immigration/virtual-utah-marriage-alternative-to-a-proxy-marriage-for-immigration-purposes/

Visa vợ chồng CR-1/IR-1 (Người nhập cư)

Thị thực nhập cư vợ chồng IR-1 / CR-1 là thị thực cho phép vợ/chồng Việt Nam nhập cư vào Hoa Kỳ.

Quá trình bao gồm 2 giai đoạn chính:

Trong giai đoạn đầu tiên, hồ sơ sẽ được USCIS xem xét và phê duyệt.
Sau khi được phê duyệt, hồ sơ sẽ chuyển sang giai đoạn 2, được chuyển đến NVC và sau đó đến Đại sứ quán tại Thành phố Hồ Chí Minh, Việt Nam.

Để biết tổng quan ch i tiết hơn về loại hồ sơ này và những gì nó đòi hỏi, vui lòng tham khảo các bước dưới đây:

Phần 1 – Đơn yêu cầu công nhận mối quan hệ – Gửi I-130 bằng điện tử với USCIS
Phần 2 – Xử lý USCIS – I-130 Đang chờ Nhân viên USCIS xem xét hồ sơ và các tài liệu hỗ trợ
Phần 3 – Xử lý NVC – Đã thanh toán phí thị thực, điền DS-260 và tải lên các tài liệu hỗ trợ.
Phần 4 – Phỏng vấn Lãnh sự quán – NVC cung cấp ngày và giờ phỏng vấn tại Thành phố Hồ Chí Minh, Tài khoản Đại sứ quán/Lãnh sự quán sẽ được đăng ký, Giấy khám sức khỏe của Người nhập cư được thực hiện, Tài liệu được chuẩn bị và Cuộc phỏng vấn đã tham dự.
Phần 5 – Phí in thẻ xanh – Nộp phí định cư trước khi sang Mỹ
Phần 6 – Đến Mỹ – Bay sang Mỹ, Nộp đơn/Nhận Thẻ An sinh Xã hội Hoa Kỳ và Nhận Thẻ Xanh qua đường bưu điện trong vòng 3-4 tháng sau khi nhập cảnh.

Chi phí của chính phủ: $1305

Thời gian xử lý trung bình (Ước tính năm 2024): 13-18 tháng (với phần lớn thời gian xử lý dành cho Đơn I-130)

Khi cặp đôi đã kết hôn chưa đầy 2 năm tại thời điểm phỏng vấn thì Visa CR-1 sẽ được cấp, điều kiện nơi cư trú phải có Thẻ xanh 2 năm và sau đó yêu cầu I-751. Nếu cuộc hôn nhân kéo dài hơn 2 năm tính đến thời điểm phỏng vấn thì Visa IR-1 sẽ được cấp và Thẻ xanh tiếp theo sẽ có hiệu lực trong 10 năm.

Visa hôn phu K-1 (Người nhập cư)

Lưu ý quan trọng đầu tiên: Quy trình cấp thị thực hôn phu K1 thường chậm hơn gấp 2 lần và tốn kém gấp 2 lần so với Thị thực nhập cư vợ chồng CR-1/IR-1.

Visa hôn thê có 3 bước:

Bước 1: Đơn I-129F nộp cho USCIS
Bước 2: Đơn xin thị thực hôn phu DS-160 K-1 nộp cho Đại sứ quán Hoa Kỳ tại Thành phố Hồ Chí Minh, Việt Nam, cho phép hôn thê nhập cảnh vào Hoa Kỳ
Bước 3: I-485 Điều chỉnh tình trạng nộp đơn với USCIS để nhận Thẻ xanh

Bước 1 của quy trình về cơ bản là công nhận mối quan hệ và xác nhận tính đủ điều kiện. Bước 2 kiểm tra hôn phu về mối quan hệ và xác nhận lại tính đủ điều kiện. Bước 3 xác nhận việc kết hôn sau khi được cấp Visa K1 và xác minh rằng cuộc hôn nhân là vì tình yêu và để bắt đầu cuộc sống chung. Sau khi được USCIS xác nhận, K-1 sẽ điều chỉnh trạng thái thành Thường trú nhân hợp pháp (còn gọi là Thẻ xanh).

Các yêu cầu để nộp hồ sơ I-129F là gì?

Người nộp đơn phải là công dân Hoa Kỳ
Mối quan hệ là chân thật
Công dân Mỹ và người Việt đã gặp nhau trong vòng 2 năm qua
Công dân Mỹ và Việt Nam dự định kết hôn với Visa K-1 trong vòng 90 ngày sau khi nhập cảnh
Công dân Hoa Kỳ và người Việt Nam được “tự do kết hôn” về mặt pháp lý, nghĩa là không có thủ tục ly hôn đang chờ xử lý.
Công dân Hoa Kỳ có thu nhập ổn định để hỗ trợ hôn phu Việt Nam và thu nhập đó vượt qua Hướng dẫn về Mức Nghèo của Liên bang như nêu trong USCIS I-864P

Cách chuẩn bị Thư dự định cho quá trình này:

Dưới đây là mẫu mà văn phòng chúng tôi đã tạo để hỗ trợ:

Mẫu thư dự định hôn phu

I-129F mất bao lâu để xử lý?

Bạn có thể tìm thấy thời gian xử lý đơn I-129F tại đây, chỉ cần chọn trung tâm dịch vụ nơi nộp đơn (thông tin đó thường được tìm thấy trên Thông báo nhận của người nộp đơn): https://www.fickeymartinezlaw.com/immigration/how-do-i-check-uscis-processing-times

I-485 mất bao lâu để xử lý?

Liên kết trên có thể hỗ trợ tìm thời gian xử lý hiện tại, điểm khác biệt là bạn sẽ chọn Văn phòng thực địa USCIS tại địa phương thay vì Trung tâm dịch vụ USCIS. Việc nộp đơn I-485 (dựa trên kết hôn) thường yêu cầu một cuộc phỏng vấn tại văn phòng địa phương.

Nếu bạn cần hỗ trợ về quy trình cấp Thị thực cho Vợ/chồng hoặc Hôn phu, vui lòng liên hệ với văn phòng của chúng tôi để thiết lập cuộc tư vấn với Luật sư Di trú của chúng tôi.

Tuyên bố miễn trừ trách nhiệm: Blog này được luật sư hoặc nhà xuất bản của công ty luật cung cấp chỉ nhằm mục đích giáo dục cũng như cung cấp cho bạn thông tin chung và hiểu biết chung về luật chứ không cung cấp tư vấn pháp lý cụ thể. Khi sử dụng trang blog này, bạn hiểu rằng không có mối quan hệ luật sư-khách hàng giữa bạn và nhà xuất bản Blog/Trang web. Không nên sử dụng Blog này để thay thế cho lời khuyên pháp lý có thẩm quyền từ một luật sư chuyên nghiệp được cấp phép ở tiểu bang của bạn.

حالة/إشعار المؤھل الوثائقي للمركز بطاقة فیزا الوطنیة (NVC’s Documentarily Qualified Status/Notice: What Happens Next? - Arabic Translation)

attorney@fickeymartinezlaw.com (Franchesco Fickey Martinez) — Wed, 19 Jun 2024 21:28:13 GMT

يعد مركز بطاقة فيزا الوطنية "البريد ال إلكتروني المؤهل مستنديًا" أخبار جيدة، فهو يعني التقدم. بشكل أساسي، يقول مركز بطاقة فيزا الوطنية على٣ أشياء في اإلشعار:

● أوال،ً تمت مراجعة واعتماد واستكمال ما يلي:

○ مدفوعات رسوم التأشيرة

○ DS٢٦٠- طلب التأشيرة

○ I٨٦٤- شهادة الدعم

○ جميع المستندات الداعمة اإللزامية لمقدم الطلب/الراعي

○ جميع المستندات الداعمة اإللزامية للمستفيد

● هو ارسال مركز بطاقة فيزا الوطنية الملف إلى السفارة أو القنصلية لتحديد موعد مقابلة التأشيرة ● سيوفر مركز بطاقة فيزا الوطنية يوم المقابلة والوقت بمجرد أن يسمعوا من السفارة أو القنصلية

السؤال التالي الشائع: متى سيتم تحديد موعد المقابلة؟

ال تستطيع الحكومة أن تخبرك بالمدة التي ستستغرقها المعالجة. يمكنهم تحديد موعد لمقابلة التأشيرة قبل ٦-٢ أسابيع فقط، بمجرد تقديم ملفك. تقوم بعض السفارات والقنصليات بإجراء المقابالت خالل فترة تتراوح من ٥-١ أشهر، وقد تستغرق السفارات والقنصليات األخرى وقتًا أطول من عامين. على سبيل المثال، السفارات والقنصليات األربع األكثر ازدحا ًما في العالم هي:

● المكسيك

● الهند

● الصين

● فيلبيني

ومن المتوقع حدوث تأخير في الدول األربع األكثر ازدحا ًما.

ال يستطيع مكتب المحاماة معرفة المدة التي ستستغرقها الجدولة. لكن أفضل وأحدث أنواع المعلومات حول هذا الموضوع هي المنتديات عبر اإلنترنت. بشكل عام، يخبر األشخاص جداولهم الزمنية، مما يساعد على معرفة توقعات األشخاص، خاصة لألشخاص المنتظرين بعد التأهل الوثائقي.

● المكسيك

● الهند

● الصين

● فيلبيني

السؤال الثاني الشائع: هل يمكنني تسريع جدولتي أو تسريع حالتي؟

عموما ال! تقوم الحكومة بتسريع القضية في حالة حدوث الحالة التالية فقط:

● حياة الشخص في خطر أو يحتاج إلى مساعدة طبية فورية أو دواء غير متوفر في بلده. هذا الوضع ليس تحت سيطرتك، والحكومة ال تريد أن يموت الزوج أو الطفل أو أحد الوالدين أثناء االنتظار. يتطلب األمر سجالت طبية ودع ًما طبيًا وربما موافقة طبيب أمريكي.

● يجب أن يأتي الشخص إلى الواليات المتحدة على الفور من أجل الحصول على ميراث قدره مليون دوالر. سيُطلب من محامي الميراث إظهار الضرورة وإمكانية خسارة مالية قدرها مليون دوالر إذا اضطر الشخص إلى االنتظار.

● تم فصل الوالد عن طفله القاصر أو ال يستطيع طفله الذهاب معه، وال يستطيع الوالد السفر إلى الواليات المتحدة، وال يُسمح للوالد اآلخر أو مقدم الرعاية بعد اآلن برعاية الطفل )السجن، في غيبوبة، في إعادة التأهيل ( ويقوم الوالد الغائب بإجراء عملية التوثيق بشكل أسرع وإال ستضع الدولة الطفل في رعاية بديلة )بسبب الهجر(.

أسباب تسريع العملية محدودة للغاية وال يمكن استخدامها إال في حاالت نادرة. الحكومة لن تفعل ذلك لألسباب التالية:

هل لديك أسئلة؟ جدولة اجتماع!

مقاالت ذات صلة:

جدول مقابالت تأشيرة الهجرة: ما يجب التركيز عليه اآلن وبأي ترتيب

كيفية التقدم بطلب للحصول على بطاقة الضمان االجتماعي في مكتب إدارة الضمان االجتماعي وما هي المستندات المطلوبة للمهاجرين؟

I٧٥١- طلب مشترك للزوج: في الحب مع صديقك وكيفية االستعداد

إخالء المسؤولية: هذه المقالة متاحة من قبل محامي ناشر مكتب المحاماة للتعليم فقط ولتقديم معلومات عامة وفهم حول القانون، وليس لتقديم المشورة القانونية. من خالل قراءة هذا المقال، فإنك تدرك أنه ال توجد عالقة بين المحامي والعميل. ال ينبغي استخدام المقالة كبديل للمشورة القانونية من محاٍم في واليتك.

Estado/Aviso de Calificación Documental del NVC: ¿Qué sucede después?

Wed, 12 Jun 2024 18:01:00 GMT

El “Correo electrónico documentalmente calificado” de NVC es una gran noticia, significa progreso. Esencialmente, el NVC establece 3 cosas en el aviso:

Próxima pregunta común: ¿Cuál es el cronograma para programar la entrevista?

El Gobierno NO PUEDE dar una estimación de cuánto tiempo llevará procesar el retraso. SOLO pueden programar su entrevista de visa con 2 a 6 semanas de anticipación, una vez que hayan llegado a su archivo. Algunas embajadas/consulados programan entrevistas en 1 a 5 meses, mientras que otras embajadas/consulados pueden demorar más de un año o 2 años. Por ejemplo, las cuatro Embajadas/Consulados MÁS OCUPADOS del mundo son:

Los retrasos son 100% esperados en los 4 países más ocupados.

Un bufete de abogados tampoco puede pronosticar cuánto tiempo llevará la programación. Sin embargo, uno de los mejores y más actualizados tipos de información sobre este tema “no oficial/informal” serían los foros en línea. Las personas generalmente ofrecen voluntariamente sus cronogramas, lo que ayuda a guiar las expectativas de las personas, especialmente aquellas que solo esperan ser programadas después de haber sido calificadas documentalmente.

Segunda pregunta común: ¿Puedo acelerar mi programación o acelerar mi caso?

En general, ¡NO!, el gobierno solo acelera un caso si se presentan los siguientes escenarios:

La base para acelerar o agilizar es EXTREMADAMENTE EXTREMADAMENTE limitada, y SÓLO PARA UTILIZARSE EN LAS CIRCUNSTANCIAS MÁS RARAS. El Gobierno NO ACELERARÁ debido a:

Descargo de responsabilidad: Este Blog es puesto a disposición por el abogado o bufete de abogados editor sólo con fines educativos, así como para darle información general y una comprensión general de la ley, no para proporcionar asesoramiento legal específico. Al usar este sitio de blog, usted entiende que no hay ninguna relación abogado-cliente entre usted y el editor de Blog/Sitio Web. El Blog no debe ser utilizado como un sustituto del asesoramiento legal competente de un abogado profesional con licencia en su estado.

The post Estado/Aviso de Calificación Documental del NVC: ¿Qué sucede después? appeared first on Fickey Martinez Law Firm .

Entrevista de visa de inmigrante programada: en qué enfocarse ahora y qué ordenar

Wed, 12 Jun 2024 17:54:00 GMT

[Leer en Espanol] [Ler Post em Português]

Por fin, la entrevista está aquí!!!! La línea de meta está al alcance de la mano.

Sin embargo, muchas cosas deben hacerse y estar hechas lo antes posible.

Pero pero pero DEBEN HACERSE EN ORDEN.

Por favor, no se concentre en algo menor, cuando se deben hacer otros asuntos ya que el tiempo es esencial.

Primero: LOCALICE y REVISE las Instrucciones de visa de inmigrante para la Embajada o Consulado, la entrevista se ubicará en

La mayoría de las instrucciones se pueden ubicar en las siguientes regiones del mundo:

Americas and Caribbean: /immigration/consular-processing/us-consulate-immigrant-visa-instructions-western-hemisphere/

UK and Europe: /immigration/consular-processing/us-consulate-immigrant-visa-instructions-europe/

Africa: /immigration/consular-processing/us-consulate-immigrant-visa-instructions-africa/

Middle East: /immigration/consular-processing/us-consulate-immigrant-visa-instructions-middle-east/

South East Asia: /immigration/consular-processing/us-consulate-immigrant-visa-instructions-south-eastern-asia/

Eastern Asia: /immigration/consular-processing/us-consulate-immigrant-visa-instructions-eastern-asia/

Central-South Asia: /immigration/us-consulate-immigrant-visa-instructions-central-south-asia/

Segundo: PROGRAMAR EL MÉDICO

Una vez que se encuentran las Instrucciones de visa, se le proporciona la información de contacto y la lista de verificación para el médico. DEBE ir a un médico aprobado. El Doctor Aprobado debe hacer todas las pruebas. NO PUEDE programar el médico antes de ser programado para la entrevista. Además, el médico suele ser válido solo por 6 meses.

¡¡¡El Examen Médico es OBLIGATORIO!!! No puede reclamar una “exención religiosa” o “solicitar una exención” si ALGUNA VEZ EN SU VIDA recibió una vacuna.

El Examen Médico REQUIERE las Vacunas COVID apropiadas. No puede reclamar una “exención religiosa” o “solicitar una exención” si ALGUNA VEZ EN SU VIDA recibió una vacuna.

El examen médico debe realizarse lo antes posible, ya que la clínica puede estar atrasada, los análisis de sangre pueden retrasarse y los resultados pueden requerir más pruebas o regímenes de medicamentos.

Si el examen médico NO es APROBADO antes de la entrevista, la ENTREVISTA/VISA SERÁ NEGADA. La Embajada o Consulado NO PUEDE aprobar una visa cuando la persona no ha sido previamente aprobada por el médico.

Tercero: ACTUALIZAR CERTIFICADO(S) POLICIAL(ES)

Si los Certificados Policiales provados tienen más de 1 año, HAN VENCIDO y deberá adquirir una versión actualizada. Las Instrucciones de la entrevista indicarán información clara sobre la necesidad de actualizar este documento.

Cuarto: ACTUALIZAR DOCUMENTOS FINANCIEROS

Los siguientes documentos financieros DEBEN estar actualizados y ser los más recientes. Estos documentos DEBEN ser llevados en formato papel (es decir, impresos) a la Entrevista. Los Documentos son los siguientes:

El I-864 DEBE SER ACTUALIZADO con la información más reciente y firmado muy cerca de la fecha de la entrevista. Se debe llevar una copia del I-864 actualizado en persona a la entrevista. También se puede subir al NVC, pero la prioridad es llevarlo a la entrevista.

Quinto: REGISTRAR CUENTA CONSULAR Y SELECCIONAR COURIER

Las instrucciones de la entrevista generalmente proporcionan un enlace para configurar una cuenta de consulado. Si el enlace no está presente, generalmente está disponible en:

América, Europa, África y Medio Oriente: https://ais.usvisa-info.com/en-us/countries_list/iv

Asia: https://www.ustraveldocs.com/

Sexto: PRUEBA DE RELACIÓN ACTUALIZADA

El peticionario debe ser parte de la vida del beneficiario, independientemente de si la presentación se basa en el matrimonio o en la relación padre-hijo. Se deben imprimir algunos elementos recientes que demuestran la comunicación o la relación en curso y llevarlos a la entrevista. “Reciente”, significa algo dentro de los últimos 1-3 meses.

The post Entrevista de visa de inmigrante programada: en qué enfocarse ahora y qué ordenar appeared first on Fickey Martinez Law Firm .

Jordanian Civil Documents for US Immigration Purposes

Tue, 11 Jun 2024 14:29:00 GMT

This Blog Post will focus on Jordan Documents that are required for US Immigration Purposes. The process to acquire such documents will also be explained as best as possible below.

Please note: Our Law Firm does not assist in acquiring foreign civil documents, rather we provide this information to assist our clients in acquiring their documents, as it may be confusing.

The five (5) Main Jordanian Documents are:

The following are drop-down sections to help you more easily navigate and find what you are looking for:

Birth Certificate

The Document Name is “Shihadat Wiladah” and it is issued by the Civil Status & Passport Department .

The Document is formatted as:

Procedure for Obtaining Birth Certificate from Civil Status & Passport Department :

For in-country births to a Jordanian father , you must submit both the birth notification issued by the hospital and the family book .

For in-country births to a non-Jordanian father and foreigners , you must submit the birth notification issued by the hospital, along with the parents’ passports.

Special Note:

The old versions of the Birth Certificate are not accepted by US Immigration, unless accompanied by the new version. If you already have the new version, it defeats the purpose to provide US Immigration an older version. Please refer to the above formatting requirement to assure the correct version. To avoid any issues, it is best to just request a new Birth Certificate

Marriage Certificate

Jordanian Marriage Certificates are proven by providing US Immigration with two (2) Documents:

The Document is formatted as:

Procedure for Obtaining:

Applicants must take their family book and their marriage contract to any office of the Civil Status and Passport Department. Processing takes approximately one hour.

Special Note:

The old versions of the Marriage Certificate are not accepted by US Immigration, unless accompanied by the new version. If you already have the new version, it defeats the purpose to provide US Immigration an older version. Please refer to the above formatting requirement to assure the correct version. To avoid any issues, it is best to just request a new Marriage Certificate

Divorce Certificate

Document Name: Certificate of Divorce, issued by Ministry of Interior, Civil Status and Passport Department

The Document is formatted as:

Special Note:

Jordanian civil status divorce certificates are issued upon registration of a final, non-revocable divorce. Revocable divorces may not be registered with civil status authorities until they become final.

Civil Status Certificate

This certificate is Mandatory if applying for a visa that requires proof of being unmarried, such as:

A Civil Status Certificate MUST be issued within one month of the interview date.

If Applying for a Fiance Visa, only one Civil Status Certificate would be required. If applying for a Green Card Visa for a Child, two certificates would be required as one is uploaded to the NVC and then months later at the interview, another one would be required.

The Document is formatted as:

Document Name: Certificate of Civil Status, issued by Ministry of Interior, Civil Status and Passport Department

Certificate of Non-Conviction (Police Certificate)

First, a Certificate of Non-Conviction is issued from the Ministry of Justice .

The certificate is issued online and can be downloaded in PDF format. It is available to current and former residents of Jordanian citizens and foreigners regardless of nationality or the length of stay. To apply or search for the document, go to https://ncrc.moj.gov.jo/default.aspx then enter the required information under the Search Requests tab:

Registration Criteria: Adults over the age of 16 are able to acquire a Certificate of Non-Conviction

If you require assistance with the Spousal or Fiance Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.

US Citizen’s Guide to Immigrating a Vietnam Spouse or Fiance

Tue, 11 Jun 2024 13:58:00 GMT

[Đọc bằng tiếng Việt]

This guide is for the US Citizen that is trying to fully understand (1) what are the marriage options and (2) the immigration options/processes. If you have a Vietnamese Spouse or Fiance, this Guide will cover the most common topics and questions.

First, what are the two Immigrant Visa Options:

The CR-1/IR-1 Spousal (Immigrant) Visa, and
The K-1 Fiance (Immigrant) Visa

Second, how to get married in Vietnam?

The US Embassy gives the following guidance for marrying in Vietnam:
https://vn.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage/

However, a Virtual Marriage in Utah may also be a viable possibility:
https://www.fickeymartinezlaw.com/immigration/virtual-utah-marriage-alternative-to-a-proxy-marriage-for-immigration-purposes/

CR-1/IR-1 Spousal (Immigrant) Visa

The IR-1 / CR-1 Spousal Immigrant Visa is the visa that would allow a Vietnam spouse to immigrate to the United States.

The process involves 2 Main Stages:

In the first stage, the filing will be reviewed and approved by USCIS.
Once it is approved, the filing will enter stage 2 where it is transferred to the NVC and then subsequently to the Embassy in Ho Chi Minh City, Vietnam.

For a more detailed overview of this type of filing and what it entails please refer to the steps below:

Government Cost: $1305

Average Processing Time (2024 Estimate): 13-18 months (with the bulk of processing time spent in the I-130 Petition)

When the couple has been married for less than 2 years at time of interview, then a CR-1 Visa would be issued, conditioning the residence to a 2-year Green Card and requiring an I-751 thereafter. ( More information found here ) If the marriage is more than 2 years at the time of the interview, then an IR-1 Visa would be issued and a subsequent Green Card would be valid for 10 years.

K-1 Fiance (Immigrant) Visa

First important note: The K1 Fiance Visa Process is generally 2x slower and 2x more costly than a CR-1/IR-1 Spousal Immigrant Visa.

The Fiancee Visa has 3 steps:

Step 1 of the process essentially recognizes the relationship and confirms eligibility. Step 2 tests the fiance on the relationship and re-confirms eligibility. Step 3 confirms the marriage after entry on the K1 Visa and verifies that the marriage is for love and to start a life together. Once confirmed by USCIS, the K-1 adjusts status to Lawful Permanent Resident (aka Green Card).

What are the Requirements to file for the I-129F Filing?

How to prepare a Letter of Intent for this process:

Below is a template our office has created to assist:

How long does the I-129F take to process?

How long does the I-485 take to process?

If you require assistance with the Spousal or Fiance Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.

The post US Citizen’s Guide to Immigration a Vietnam Spouse or Fiance appeared first on Fickey Martinez Law Firm .

How long does it take to set up a Trust in NC?

Tue, 11 Jun 2024 13:29:40 GMT

A Trust can be created in a matter of minutes to a matter of months. Technically, a signature is all that is needed to start the trust creation. However, everything depends upon:

Complexity
Asset Transferring (Cash is quicker than Deeding a Property)
Specifications regarding lifetime, incapacity, and death

The Trust can hold many types of assets, such as:

Checking accounts
Savings accounts
Money market accounts
Certificates of deposit (CDs)
Gold, Silver, and other precious metals
Safe deposit boxes
Non-retirement investment accounts, like brokerage or mutual fund
Real Estate, like land and houses
Insurance Policies
Stocks
Bonds
LLCs and other Business Structures
Cryptocurrency
Family Heirlooms and Jewelry

Transferring these assets are what forces a trust to take so long to be created. Afterall, the whole reason for a Trust (regardless of the specific format, name, and purpose) is to legally transfer assets for either protection or estate planning purposes.

How do you get started?

Contact an estate attorney to review your assets, liabilities, and overall retirement plan. The estate attorney can explain the process, assist with creating the trust, they may act as your trustee or help in trustee selection, and explain asset transferring and your ultimate goals.

Nigerian Birth Certificate for US Immigration Purposes

Tue, 11 Jun 2024 13:24:00 GMT

For starters, our Law Office does not assist in acquiring Birth Certificates. However, this post will better explain what is the Nigerian Birth Certificate, and provide more context than what the US Immigration Agencies provide.

Over the years, it has become apparent that there are frequent issues or RFEs surrounding providing USCIS or the NVC with an acceptable Nigerian Birth Certificate. The majority of CONFUSION surrounds “what is acceptable in Nigeria” may NOT “be acceptable or acknowledged internationally.” This post will explain.

Visa Statistics

It is always helpful to consider the numbers. How many people does this issue, this topic affect? The US Embassy in Lagos, Nigeria is the ONLY location that provides an Immigrant or Green Card Visa. Meaning, Abuja DOES NOT assist with US Immigration. Below is a breakdown of a 5-year period on the “Number” of people immigrating from Nigeria to the US:

2021: 4,762

2020: 3,546

2019: 6,521

2018: 7,667

2017: 6,297

Within the United States, an estimated 3,000 to 4,000 Nigerian Adjust Status to a Green Card Holder after entering the US on a Work Visa, Student Visa, Fiance Visa, ect.

With the above numbers, about 6,000 to 10,000 Nigerians immigrate to the US every year. That is not a very high number. However, each immigrating Nigerian must satisfy providing USCIS or NVC an acceptable Nigerian Birth Certificate.

Current Births are registered with the NPC (National Population Commission). However, the NPC was created in 1988. So, it hasn’t been around for most adults.

If you were born PRIOR to 1979, a “Birth Certificate” may not have been created. In 1979, Nigeria started a Mandatory Registration of Birth initiative in four Nigerian States:

The Map to the right shows the current 36 Nigerian States.

Between 1979 and 1992, Birth Certificates were issued in those 4 states. The NPC was created in 1988 and Birth Certificates started to be created. However, it wasn’t until 1992 that all Nigerian Births nationwide HAD TO BE REGISTERED (meaning a Birth Certificate was created).

So, what does this mean with regards to “providing” US Immigration an Acceptable Nigerian Birth Certificate?

For starters, let’s approach this by year and location:

For more information, you should contact the local NPC Office for more assistance.

US Immigration Guidance: If you’d like to see the US Immigration Guidance on Nigerian Birth Certificates, that can be found here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nigeria.html

Note: Our Law Office does not assist in acquiring Birth Certificates. Due to Privacy or needing to be a citizen of that country, only the person named on the birth certificate is normally the only person permitted to request such documents.

Can I Apply for a J1 Waiver Simultaneously with my Green Card Filing?

Tue, 11 Jun 2024 12:59:00 GMT

This is a common question for many J1 Visa Holders. Some J1s have seen friends file simultaneously. Some J1s know of immigration attorneys that filed simultaneously for a colleague. Some J1s just want to know if it is even possible. Other J1s saw online (website, blog, or forum) that it was possible, but the explanation was confusing.

You may be stumbling upon this blog because you were searching for the answers to:

This blog post will explain further.

So, Can you apply for the NOS or Hardship Waiver and Green Card at the same time?

No, not really. But, the answer depends on what is considered a Green Card filing. A Green Card filing has many parts, and the “process” of a Green Card filing can cause confusion.

A Green Card filing is broken into two main parts:

Part 1: a petition (I-130 and I-140) and

Part 2: an application (I-485 or DS-260).

A Green Card Petition can be applied for DURING a J1 Waiver filing. For instance, if the Petitioner is based on marriage to a US Citizen, then you are eligible to start immediately after marriage. The J1 Restriction DOES NOT restrict petitions. But, it is important to note, a petition DOES NOT give any type of card. You do not get an employment card. You do not get a Green Card from an approved petition. The petition does not even allow lawful presence in the US. Instead, a petition establishes a relationship and makes a Green Card application filing “possible.”

A Green Card APPLICATION cannot be applied for simultaneously with a J1 Waiver.

The reason that an Application (I-485 or DS-260) cannot be applied for concurrently with a waiver filing is due to Eligibility and Restriction. The J1 who is “subject” to the 212(e) Special Skills List is “required” to reside a minimum of 2 years in their home country AFTER the completion of the J1 Visa. A Green Card or Immigration is RESTRICTED until either:

(1) the residency requirement is “satisfied” OR

(2) a J1 Waiver is approved.

A friend did it, why can’t I do it too?

Well, this statement is very common, and there are three responses:

Response 1: The friend may have started the Green Card Petition, possibly for consular processing in Manila Philippines or some other country/US Embassy. So, the waiver and petition can be simultaneous.

Response 2: The friend may have filed things incorrectly. USCIS may have missed the restriction at the beginning, but it is always found out in the middle or the end of the process. An incorrect filing can be denied and deportation proceedings started. So, there are real risks and consequences.

Response 3: The friend may have “fudged” the timing truth and had the waiver before filing for a Green Card / Adjustment of Status. Additionally, not every J1 is subject to the J1 2-Year Home Residency Requirement, meaning they may never need a waiver, to begin with. So, the friend’s situation could have been completely different from your own.

If Adjusting Status without a previously approved J1 Waiver, what do the J1 Eligibility Questions on the I-485 mean?

On the I-485, USCIS asks the following at time of filing:

If you ARE SUBJECT, and you have not completed the Residency Requirement OR been favorably recommended for the waiver by the DOS, the J1 is ineligible AT TIME OF FILING the I-485.

USCIS does have some discretion and some things do fall through the cracks, which is why some I-485 Applicants start their Waiver and Green Card filing at the same time, which is why some J1s even receive an Employment Authorization Card (EAD Card) a few months later. HOWEVER, being ignorant of the law or ignorant of eligibility is no defense from:

What does USCIS say about this topic?

In the USCIS Policy Manual, under the Chapter of Green Card / Adjustment of Status Eligibility, the Policy Manual recommends denial if the residency requirement was not satisfied or waived. The Policy Manual states:

Conclusion

It is NEVER recommended to file a J1 Waiver with a Green Card Application (I-485 or DS-260). A J1 is told about the restriction:

After being told so many times, a J1 cannot and should not “be ignorant” of the J1 Restriction and the 2-year Home Residency Requirement.

Lebanese Birth Certificate (Wathikat Welada) and US Immigration

Tue, 11 Jun 2024 12:54:26 GMT

Please note: Our Law Firm does not assist in acquiring foreign civil documents, rather we provide this information to assist our clients in acquiring their documents, as it may be confusing.

The Lebanon Birth Certificate is called : Wathikat Welada in the Lebanese Language. The Birth Certificate is free to request, it must be issued by the:

Lebanese Republic, Ministry of interior & Municipalities, Directorate General of Civil Status

Lebanese and foreigners born in Lebanon (resident and non-resident) may obtain a government birth certificate from the district office of the Civil Registry Office in the district where the applicant is registered. Non-Residents may request a birth certificate from the Lebanese Embassy abroad or through the Ministry of Foreign Affairs in Lebanon. It is free of charge.

If a birth certificate ( Wathikat Welada ) is unavailable due to non-registration or the civil war, the Ministry of Interior’s local Civil Registry Office would be required to issue a "statement of non-existence."

For Lebanese nationals (whose place of birth is Lebanon), an alternative civil documentation of birth can be the:

individual civil registration sheet issued by the Civil Registry Office; or
family civil registration sheet issued by the Civil Registry Office, which records all members of a family.

Local USCIS Doctor in Eastern North Carolina: Our Recommendation

Mon, 10 Jun 2024 17:58:00 GMT

If you are Adjusting Status (aka Adjustment of Status or I-485 or AOS) in the United States, a USCIS Doctor or Military Doctor will have to perform a medical examination on USCIS Form I-693. The Medical will focus on Vaccination, Blood Work, TB Screening, and a few other medical-related items. The end result is a Sealed Medical that can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds. (Meaning, it no longer expires, if the medical is acquired after November 1, 2023, based on a policy update from April 4, 2024)

If you are in Eastern NC, our office recommends the following USCIS Doctors due to the amazing track record with hundreds of our clients. Please choose one closest to you:

Dr. Mark Samia in Raleigh NC at 919-878-4647
Medac Health Services, PA in Wilmington NC at 910-452-7000
Klein Health, P.A. in Raleigh and Greenville NC at 252-329-0000

If you wish to find more USCIS Doctor Offices than those listed above, you can visit the following website: my.uscis.gov/findadoctor

If you are active duty or an active duty dependent, please check with your local Military Hospital. In Eastern NC, all Immigration Medicals are being performed at the Army Hospital on Fort Bragg (Fayetteville, NC). It is our recommendation to acquire the medical for free with Tricare versus paying $400 to $1000 or more on the Immigration Medical from a USCIS Doctor. The Local Military Hospital for Eastern NC is:

Womack Army Medical Center
2817 Reilly Rd
Fort Bragg, NC 28310
(910) 907-6000

The post Local USCIS Doctor in Eastern North Carolina: Our Recommendation appeared first on Fickey Martinez Law Firm .

Immigration Checklist: What our law office generally recommends

Mon, 10 Jun 2024 14:32:00 GMT

Documents! Documents! Documents!

US Immigration Filings REQUIRE documentation to establish eligibility and confirm the information provided and what resulted in a background check. Without documents, nothing is believed. Without documents, an immigration filing can be Rejected, RFE-ed/Delayed, or Denied.

This post will break the Immigration Process down into 3 main time periods: Filings generally before a Green Card, Filings to get a Green Card, and what comes after a Green Card is in hand.

Below please find numerous recommended Checklist:

Prior to Green Card or other filings:

Filings to get a Green Card:

Adjustment of Status (AOS)

Category 1: Government Issued Documents

[ID] US Driver’s License or State ID
[ID] Your Valid and Unexpired Foreign Passport
[ID] Any US Visas, if any
[ID] I-94 Lawful Entry Record, if any
[ID] Any past Employment Authorization Cards (EAD Cards)
[ID] Your Spouse’s Miltary or VA ID, if any
[ID] Your Military Dependent ID, if any
[US Citizen Document] Your Spouse’s US Passport, if any
[US Citizen Document] Your Spouse’s Naturalization Certificate, if any
[Name] Your Birth Certificate
[Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) [Our Guidance on Many Frequent Foreign Birth Certificates can be found here: /immigration/our-guidance-on-many-frequent-foreign-birth-certificates/ ]
[Name] Your Name Change Court Record
[Name] Any US Social Security Cards
[Civil Status] Your Current Marriage Certificate, if any
[Civil Status] Your Divorce Decrees, if any
[Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
[IF MALE in the US between the ages of 18 and 25] Selective Service System Registration: https://www.sss.gov/register/ or https://www.sss.gov/verify/ [If 26 and older, but was in the US when younger, SSS registration is/was mandatory by law. SSS Status Letters can be requested here: https://www.sss.gov/status-information-letter-sil/ ]

Category 2: Bona Fide Evidence

If filing for a Minor Child or Parent, the following would be helpful to prove a continued relationship:

However, for Marital Evidence, Spouses MUST provide as much as possible. Further guidance/ideas found here:

Category 3: Military Documents

Category 4: Financial Documents

Further Guidance:

Self-employed or Business Owner: www.fickeymartinezlaw.com/immigration/i-864-self-employment-and-business-ownership/

Joint Sponsorship: www.fickeymartinezlaw.com/immigration/i-864-affidavit-of-support-joint-sponsor-guidance/

Using Assets: www.fickeymartinezlaw.com/immigration/adjustment-of-status/i-864-asset-calculations/

Using VA Disability: www.fickeymartinezlaw.com/immigration/va-disability-and-us-immigration/

Using SSDI: www.fickeymartinezlaw.com/immigration/i-864-sponsorship-how-is-ssi-and-ssdi-assessed/

Category 5: I-693 Immigration Medical

USCIS requires an I-693 Immigration Medical for any Green Card filing. Our recommendations can be seen here: www.fickeymartinezlaw.com/immigration/adjustment-of-status/local-uscis-doctor-in-eastern-north-carolina-our-recommendation/

Consular Processing

Step 1: Government Issued Documents and Relationship Proof:

If filing for a Minor Child or Parent, the following would be helpful to prove a continued relationship:

However, for Marital Evidence, Spouses MUST provide as much as possible. Further guidance/ideas found here: www.fickeymartinezlaw.com/immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage/

Step 2: Financial Docum ents, Police Certificates, and other Eligibility Items

Further Guidance:

Self-employed or Business Owner: www.fickeymartinezlaw.com/immigration/i-864-self-employment-and-business-ownership/

Joint Sponsorship: www.fickeymartinezlaw.com/immigration/i-864-affidavit-of-support-joint-sponsor-guidance/

Using Assets: www.fickeymartinezlaw.com/immigration/adjustment-of-status/i-864-asset-calculations/

Using VA Disability: www.fickeymartinezlaw.com/immigration/va-disability-and-us-immigration/

Using SSDI: www.fickeymartinezlaw.com/immigration/i-864-sponsorship-how-is-ssi-and-ssdi-assessed/

After a Green Card is in hand:

The post Immigration Checklist: What our law office generally recommends appeared first on Fickey Martinez Law Firm .

U.S. Citizen’s Guide to Immigrating a Japanese Spouse to the United States

Fri, 07 Jun 2024 15:00:00 GMT

There are three options to immigrating a Spouse of a US Citizen to the United States:

Lets dive into a brief understanding of the three options:

CR-1/IR-1 Visa: Spousal Immigrant Visa

The CR-1/IR-1 Visa is the most likely option if you married your Japanese spouse in Japan. This visa is commonly referred to as “Consular Processing,” which both the Tokyo US Embassy and the Naha US Consulate would assist in this visa process.

The process is commonly referred to as a 2-Step process; however, it is better understood in the following phases:

General Government Cost (as of June 7, 2024): $1305

Average Processing Time (as of June 7, 2024): 13 to 16 months

Adjustment of Status: Marriage in the United States to a Japanese Spouse

The Adjustment of Status process depends heavily on the type of visa used to enter into the US and generally marriage to occur in the United States. More information on the Adjustment of Status, the following blog Post would be helpful:

General Government Cost (as of June 7, 2024): $2065 to $2955

Average Processing Time (as of June 7, 2024): 10 months to 5 years depending on USCIS Jurisdiction

K-3 Spousal Visa: Married in Japan or Abroad and entering the US possibly quicker than the CR-1/IR-1 Visa

A K-3 Spousal Visa filing can be a confusing process. To start, the K-3 is “fading,” meaning it has become a less popular and less utilized visa option. In Fiscal Year 2017, only 15 K3 Visas were issued. More statistics on the K-3 Visa can be found below:

HOWEVER!!!! This option may be more beneficial than the CR-1/IR-1 Visa. It is essentially the K-1 Fiance Visa process that merges the above (1) Consular Process CR-1/IR-1 Visa and (2) Adjustment of Status process, but has two main benefits:

Downside: The overall immigration process can be significantly longer.

General Government Cost (as of June 7, 2024 ): About $3k

Average Processing Time (as of June 7, 2024 ): 2 years to 6 years

The K-3 Visa has 3 steps:

How many Interviews are there under the K-3 Visa?

There are generally 2 interviews.

Are there any Consular Interview instructions?

Immigrant visas (CR-1/IR-1/K-1/K-3) to the United States are processed for citizens and residents of Japan at either the US Embassy in Tokyo or the US Consulate in Naha.

Tokyo Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/TKY-Tokyo.html

Naha Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/NHA-Naha.html

What if a filing is already submitted, and taking too long, how can the average processing time be checked?

The below blog post helps locate the USCIS Tool to see up-to-date processing times. If a filing is taking too long, it is best to see if it is processing at the same pace as others.

If the filing is processing slowly, the USCIS Website has an electronic request submission feature that would ask for a USCIS Officer to look into the matter and see what is the delay. The link to that submission feature should be used after checking the average processing time. It is not possible to submit a request early. Only requests outside of normal processing time are able to use the following Electronic Request Submission link: https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

What documents are required?

Our office has an Immigration Checklist here: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends

What happens if the Japanese Spouse is pregnant with a US Citizen’s Child?

Many believe the baby or newborn would need a visa to enter the US. Although an Immigrant Visa is available for children, any children of US Citizens should determine whether the baby would acquire US Citizenship at birth.

More Information found here: https://jp.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

The CRBA Process provides the US Citizen child a US Passport, a US Social Security Card, and a proof of US Citizenship in the form of a CRBA Certificate that will never expire.

If you require assistance with the immigration process, please consider contacting our office to set up a consultation with our Immigration Attorney.

US Citizen’s Guide to Immigrating a Portuguese Spouse or Fiance

Fri, 07 Jun 2024 13:35:00 GMT

This post will discuss two types of Immigrant Visas available for a Portuguese Spouse or Fiance:

This Post will not cover the K-3 Immigrant Visa because the K3 Visa has a very low (and very unknown) approval rating (less than a dozen worldwide). A Historical Analysis of the declining K-3 Visa can be found here .

The Spousal Visa (Summary):

The IR-1 / CR-1 Spousal Immigrant Visa is the visa that would allow a Portuguese spouse to immigrate to the United States. The process involves two main stages.

A Deep Dive into the Process:

For a more detailed overview of this type of filing and what it entails please refer to the steps below:

Average Processing Time: 10 to 24 months (with the bulk of processing time spent in the I-130 Petition)

Estimated Government Cost: $1305

What is the Difference of a CR-1 or IR-1 Visa? When the couple has been married for less than 2 years at time of interview (not when you enter the US or are admitted), then a CR-1 Visa would be issued, conditioning the residence to a 2-year Green Card and requiring an I-751 thereafter. ( More information found here ) If the marriage is more than 2 years at time of interview, then an IR-1 Visa would be issued and a subsequent Green Card would be valid for 10 years.

The Fiance Visa (Summary):

The Fiancee Visa has 3 Stages:

A Deep Dive into the Process:

What are the Requirements to file for the I-129F Filing?

How to prepare a Letter of Intent for this process:

Below is a template our office has created to assist:

If you require assistance with the Spousal or Fiance Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.

The post US Citizen’s Guide to Immigrating a Portuguese Spouse or Fiance appeared first on Fickey Martinez Law Firm .

South Korea Birth Certificate Requirement for US Immigration

Fri, 07 Jun 2024 12:58:00 GMT

The US Government requires BOTH of the following South Korean Birth Certificates in order for someone to Immigrate to the United States:

What are the differences between the two certificates?

A Basic Certificate “Gibon Jeungmyongseo” can be issued to Korean nationals. The certificate is updated when there are changes to the person’s status, such as name change, custody, and death.

A Family Relations Certificate “Gajok Kwankye Jeungmyongseo” can be issued to Korean nationals and contains information on immediate family members (biological and adopted parents, spouse, and children). It is updated when there are status changes to any of the family members, such as name change, custody, and death.

How to Apply for the Certificates?

Option 1: Individuals can apply for the issuance of these certificates with a Korean ID at an issuing office in person.

Option 2: Qualified family members (parents, spouse, children, siblings, etc) may apply on an individual’s behalf.

Option 3: A third party can only apply with a power of attorney.

Individuals can print certificates online at efamily.scourt.go.kr and at minwon24.go.kr if they have an authentication certificate. After logging on to the websites with an accredited certificate, one can go to Internet Civil Petition Application, and select the certificate he/she needs to print.

Please see the links below for more information:

What Language should the Certificate be in?

US Immigration requires the Original South Korean Birth Certificate, along with an English Translation. Our office has the following recommendation for Translation Services: /immigration/foreign-document-translation-our-recommendation/

Note: Our Law Office does not assist in acquiring Birth Certificates. Due to Privacy or needing to be a citizen of that country, only the person named on the birth certificate is normally the only person permitted to request such documents.

The post South Korea Birth Certificate Requirement for US Immigration appeared first on Fickey Martinez Law Firm .

Jamaica No Objection Statement (NOS) Waiver: Explained

Wed, 05 Jun 2024 10:06:59 GMT

The Jamaican 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 Jamaica'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 felt the same stress of worrying about the J1 Waiver process and the 2-year home residency requirement.

Professionally, our law firm assists J1 Professionals on a weekly basis, and has nearly a decade of experience SPECIFICALLY with Jamaica 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 (Teacher, Physician, Scholar, Intern, etc.) from Jamaica 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

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 Jamaican NOS Application is filed with the Jamaican Embassy in DC, or the Consulates in Florida, Texas, and New York. The Jamaican Instructions/process vary slightly based on filing location, and can be located here:

DC: https://www.embassyofjamaica.org/ja_citizens/Letter_Of_No_Objection.pdf

FL: https://www.jamaicacgmiami.org/no-objection.html

TX: https://jamaicaconsulatehouston.com/no-objection-statement/

NY: https://congenjamaica-ny.org/letters-of-no-objection/

Our recommended checklist can be seen later in this guide.

Phase 2: Processing

Packet 2 might be called packet 2 in the explanation, but it is the first that MUST BE PROCESSED. Jamaica 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 Jamaican 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

It is important to note that Jamaica requires all documents sent to the Jamaican Government to be Notarized/Notarised True Copies. The following is a list of documents normally required:

Birth Certificates for the J1, any children, and spouse
Your Marriage Certificate, if married
Any Foreign Passport
J1 and J2 Visas
Any US Passport
I-94 Lawful Entry Record (Found on CBP Website)
ALL DS-2019 (for J1/J2)
TRN Card (front and back)

The DOS may also request:

Your Divorce Certificate, if divorce
Prior Spouse’s Death Certificate, if prior spouse died during marriage
Any US Driver’s License
Any/All US Visas

Jamaica also requires:

Updated Resume
Brief Letter requesting the NOS, reason for the request, and contact information.

Part 6: Processing Times and When to Start

The Jamaica Embassy/Consulate Processes the NOS Application within 1 months. It is the sent to Scholarship and Assistance Unit, Ministry of Finance and Planning in Jamaica for processing, which can take 2-3 months to process. In total, the Jamaica Process takes roughly 3-4 months, or there about. (aka packet 2)

The DOS Processes the DS-3035 AFTER receiving the No Objection Statement within 2-5 months. (aka packet 1) In other words, if Packet 2 takes 4 months and Packet 1 takes 3 months, the waiver up to this point would take about 7 months.

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 December, is Favorably Recommended by the DOS in March 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.

Honduras: Copia de Folio del Libro de Nacimientos

Tue, 04 Jun 2024 16:14:00 GMT

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Honduras tiene numerosas versiones de un certificado de nacimiento hondureño. Sin embargo, para fines de inmigración de los EE. UU., SOLO una versión es aceptable: la Copia del Folio de Nacimiento (Copy of Birth Folio).

La autoridad emisora:

El Certificado de Nacimiento DEBE ser emitido por el Registro Nacional de Personas (RNP). El símbolo RNP es de color verde brillante (anteriormente en blanco y negro) y se encuentra una imagen en la esquina superior izquierda de la Copia del Folio de nacimiento.

Procedimiento para obtener:

RFE de USCIS sobre Certificado de Nacimiento Hondureño

USCIS normalmente envía solicitudes de evidencia cada vez que se necesita un nuevo documento y posiblemente cuando los documentos ya presentados son insuficientes, inválidos o inaceptables. Un certificado de nacimiento puede tener muchas versiones, y durante 2019 el gobierno de los EE. UU. (USCIS, NVC y DOS) determinó que solo un certificado de nacimiento de Honduras sería suficiente para cumplir con los propósitos de inmigración de los EE. UU.: Copia de Folio del Libro de Nacimientos (Copy of Birth Folio).

Asuntos de edad:

RNP se estableció en 1984.

Si nació después de 2000, es probable que su certificado de nacimiento no tenga problemas. Solo asegúrese de que sea la Copia del Folio de Nacimiento y no un documento inaceptable.

Si nació entre 1984 y 2000, su Certificado de Nacimiento se registró en el RNP, pero pueden surgir algunos problemas, ya que puede estar parcialmente escrito a mano y es posible que no tenga el Sello RNP. Una apostilla del documento puede ser beneficiosa, y una “Nota de explicación” llevaría el símbolo de RNP.

Si nació antes de 1984, es probable que su Certificado de Nacimiento esté escrito a mano, es probable que el Certificado haya sido registrado en los Alcaldes Municipales y que deba cumplir requisitos adicionales para cumplir con los Estándares de Inmigración de los EE. UU., Como una autentica/apostilla del documento y un “Nota Aclaratoria”.

¿Qué sucede si mi certificado de nacimiento no muestra que es del RNP? / ¿Qué es una Nota Aclaratoria?

Solicitud del Archivo Central del Registro Nacional de Personas (RNP) ubicado en Tegucigalpa, un documento llamado “Nota Aclaratoria.” El RNP proporcionará un documento para acompañar la copia anterior de Folio de nacimiento.

Un ejemplo de la Nota de explicación se ve así:

Certificados de nacimiento inaceptables de Honduras:

Los siguientes son certificados de nacimiento inaceptables:

Si el Certificado de Nacimiento tiene alguno de los nombres anteriores, no es aceptable y debe comunicarse con RNP para obtener la Copia del Folio de Nacimiento y posiblemente una Nota de Explicación.

El certificado de nacimiento inaceptable más comúnmente visto es:

The post Honduras: Copia de Folio del Libro de Nacimientos appeared first on Fickey Martinez Law Firm .

Honduras: Copy of Birth Folio / Copia de Folio del Libro de Nacimientos

Tue, 04 Jun 2024 15:43:00 GMT

[Leer Post en Espanol]

Honduras has numerous versions of a Honduran Birth Certificate. However, for US Immigration purposes, ONLY one version is acceptable: the Copy of Birth Folio (Copia de Folio del Libro de Nacimientos)

Issuing Authority:

The Birth Certificate MUST be issued by the Registro Nacional de las Personas (RNP). The RNP Symbol is bright green (previously black and white) and an image of it is found on the top left corner of the Copy of Birth Folio.

Procedure for Obtaining:

RFE from USCIS Regarding Honduran Birth Certificate

USCIS normally sends Requests for Evidence whenever a new document is needed and possibly when already submitted documents are insufficient, invalid, or unacceptable. A Birth Certificate can have many versions, and during 2019 the US Government (USCIS, NVC, and DOS) determined that only one Honduras Birth Certificate would be sufficient to meet US Immigration Purposes: Copy of Birth Folio (Copia de Folio del Libro de Nacimientos).

Age Matters:

RNP was established in 1984.

If you were born after 2000, your Birth Certificate will likely have no issues. Just be certain it is the Copy of Birth Folio and not an unacceptable document.

If you were born between 1984 and 2000, your Birth Certificate was registered with the RNP, but some issues may arise at it may be partially handwritten and may not have the RNP Seal. An apostille of the document may be beneficial, and a “Note of Explanation” would carry RNP’s symbol if one was not present on the Birth Certificate.

If you were born prior to 1984, your Birth Certificate is likely handwritten, the Certificate would likely have been registered with the Municipal Mayors, and you would need to perform additional requirements to meet US Immigration Standards, such as an authentication/apostille of the document and a “Note of Explanation.”

What if my Birth Certificate does not show it is from the RNP or does not have the RNP Seal? / What is a Note of Explanation?

Request from the Central Archive of the National Registry of Persons (RNP) located in Tegucigalpa a document called “Note of Explanation” (Nota Aclaratoria). The RNP will provide a document to accompany the older Copy of Birth Folio.

An example of the Note of Explanation looks like:

Unacceptable Honduras Birth Certificates:

The following are unacceptable Birth Certificates for US Immigration Purposes:

If the Birth Certificate has any of the above names, it is not acceptable and you should contact RNP for the Copy of Birth Folio and possibly a Note of Explanation.

Most commonly seen unacceptable birth certificate is:

How do I acquire a Copy of the Birth Folio when I am here in the US?

The Birth Book is back in Honduras, and you would need a copy of the page recording the birth. Ideally, having family or parents in Honduras is possibly the easiest way to have someone request a copy of the Folio in-person. If that is not available, contacting an attorney in Honduras to assist in the in-person request would be your only other option.

Although our office has received Copia de Folio del Libro de Nacimientos from private attorneys hired by our clients, we are unable to recommend any foreign attorney as we do not personally know them and their credentials.

The post Honduras: Copy of Birth Folio / Copia de Folio del Libro de Nacimientos appeared first on Fickey Martinez Law Firm .

Marriage-Based Immigration: The I-130 And I-485 Confusion

Tue, 04 Jun 2024 07:00:00 GMT

The I-130 and I-485 is a daunting process for husbands and wives going through a Marriage-Based Immigration Process. Apart from the forms being numerous pages long, the instructions for the two forms seem to confuse the entire process even further.

For instance, the I-130 is considered the Petition for an Immediate Relative, and some would think that this form is all that would be needed. Sadly, the I-130 is only the beginning point. Apart from a petition, a sponsor would also need an I-130A* (a supplemental information form), an I-864 ( affidavit of support ), and a G-1145 (highly preferred electronic notification). The I-864 is another daunting process because it requires many supporting documents of your finances and tax records. Unfortunately, what you attach to this form is pivotal and should be done the best way possible.

The I-130 petition is simply asking the government to do something, but its process can lead many astray. As for the I-485, this process is similar to the I-130, but concerns the eligibility of the immigrant / beneficiary of the petition.

Now, the I-130 and I-485 has a fundamental vagueness, being when each should be filed. From an immigration attorney’s standpoint, if the immigrant’s eligibility is immediate, then filing both forms jointly would be highly preferred. However, two issues then arise: (1) how someone is to know whether their eligibility is immediate; and (2) which form is filed first.

First, for a legal answer, an immigrant has immediate eligibility for marriage-based immigration if the immigrant can process the forms without other requirements. For a clearer answer, an immigrant’s eligibility can be found on their visa and the category they are processing through. Generally, a visa is eligible when occurring through marriage-based immigration with a U.S. Citizen. However, visas like the J Visa generally have Home Residency Requirements that impose a restriction on eligibility. (See relevant post here ). However, generally, if the immigrant marries a U.S. Citizen, the eligibility is immediate. If you are unsure about eligibility, you should speak with a local immigration attorney. Guessing may be costly and could place someone in deportation court.

Second, an I-130 should be either (1) filed simultaneously with the I-485, if the eligibility is immediately available; (2) filed first, approved, and then the I-485 is filed; or (3) filed first, pending, and if immediate eligibility is acquired while pending, the I-485 should be filed. As a side note, filing simultaneously the I-130 and I-485 may make the processing time quicker, even as little as 3 to 8 months. However, if the I-130 and I-485 are filed separately, the processing time could be as little as 10 months, but it usually lasts as long as 2 years.

ABOUT OUR IMMIGRATION LAW FIRM:

Fickey Martinez Law Firm, P.L.L.C. is an immigration and naturalization law firm serving Eastern North Carolina. We strive to make sure you understand the immigration laws that pertain to your specific circumstances. We frequently file with USCIS, NVC and DOS, and we can use this experience to better serve you.

If you have any questions or concerns, please feel free to call Fickey Martinez Law Firm at (910) 526-0066, email us at attorney@fickeymartinezlaw.com , or explore our website at www.fickeymartinezlaw.com .

Viajes internacionales mientras la I-130 está pendiente

Mon, 03 Jun 2024 13:49:12 GMT

https://www.fickeymartinezlaw.com/immigration/how-do-i-check-uscis-processing-times

Esta es una pregunta muy común para los inmigrantes que inician el Trámite Consular. Procesamiento Consular significa que usted está intentando adquirir una Visa de Inmigrante en el extranjero en una Embajada o Consulado de los Estados Unidos. Dado que el procesamiento consular es extremadamente lento y está atrasado, muchos desean saber si pueden viajar a los Estados Unidos mientras la I-130 está pendiente.

En resumen, la respuesta es "sí". Los viajes internacionales a los Estados Unidos son posibles, pero existen condiciones.

Primera Condición: Debes tener visa para viajar

Se debe solicitar y aprobar una visa y una exención de visa para viajar a los EE. UU. mientras la I-130 está pendiente. Una I-130 pendiente, por sí sola, NO es un documento de viaje.

Segunda Condición: Debes respetar el periodo de estancia autorizado.

Una Visa y Visa Waiver tiene un número máximo de días en los que alguien está “autorizado” a permanecer en los EE.UU. De manera similar, una Visa y una Exención de Visa tienen una cantidad mínima de tiempo que uno DEBE ESPERAR EN EL EXTRANJERO después de visitar los EE. UU.

Por ejemplo, una estadía ESTA/Visa Waiver está autorizada hasta por 90 días en los EE. UU. Si la persona permanece en los EE.UU. durante 90 días, debe salir de los EE.UU. por un mínimo de 91 días. La gente se mete en problemas cuando se queda 90 días, se va por 30 días y luego intenta regresar a Estados Unidos por otros 90 días.

Tercera condición: boleto de avión de regreso y plan de juego

Si visitan los EE. UU., la mayoría de las personas generalmente tienen un plan de acción. Conocen las fechas de viaje hacia y desde Estados Unidos. Cuando se compra un boleto de avión, se suele adquirir también un boleto de avión de vuelta. Esa es la práctica común para cualquiera que “visite” EE.UU., y es algo que la Aduana/CBP

busca cuando alguien viaja a EE.UU. mientras la I-130 está pendiente.

En resumen, es posible viajar a EE. UU. mientras la I-130 esté pendiente. Si sigue las tres condiciones normales anteriores, cualquier visita temporal a los EE. UU. debería ser tranquila y sin estrés.

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

blogno debe utilizarse como sustituto del asesoramiento legal competente de un abogado profesional

autorizado en su estado.

US Citizen’s Guide to the Fiance Visa Process in Manila Philippines

Sat, 01 Jun 2024 19:34:00 GMT

A Fiance Visa filing can be a long process, that causes a lot of stress for both fiances. The Visa requirements can be confusing and the process overall can be hard to understand. This post will tie together a lot of our related Manila Philippines Fiance Visa articles, as well as giving that overview to help make things more understandable.

After reviewing this topic, you may be interesting and comparing the process to the Spousal Process:

https://www.fickeymartinezlaw.com/immigration/consular-processing/us-citizens-guide-to-marrying-in-the-philippines-and-immigrating-a-philippine-filipina-spouse-to-the-united-states

The Fiancee Visa has 3 steps:

Step 1: I-129F Petition filed with USCIS
Step 2: DS-160 K-1 Fiancee Visa application filed with the US Embassy in Manila Philippines, which allows the fiancee to enter the US
Step 3: I-485 Adjustment of Status filing with USCIS to receive a Green Card

Step 1 of the process essentially recognizes the relationship and confirms all eligibility has been met. Step 2, in many cases, tests the fiance on the relationship, re-confirms eligibility, and reviews the Filipina(o) criminal record, if any. Step 3 confirms the marriage after entry on the K1 Visa and verify that the marriage is for love and to start a life together. Once confirmed by USCIS, the K-1 changes or adjusts to Lawful Permanent Resident (aka Green Card).

What are normal processing time estimates for Manila, Philippines Fiance Visa filings:

Step 1 can take anywhere from 13 to 18 months to process. For more up-to-date estimates, USCIS Processing times can be checked here: /immigration/how-do-i-check-uscis-processing-times/
Step 2 processing is delayed, and is mainly affected by US Embassy backlog. This process could process in as little as 1 month, but it depends if the file transfers from USCIS to NVC and then NVC to DOS Embassy.
Step 3 can take as little as three months and as long as 5 years (depending on the USCIS Jurisdiction). USCIS Processing times can be checked here: /immigration/how-do-i-check-uscis-processing-times/

What if a filing is already submitted, and taking too long, how can the average processing time be checked?

The below blog post helps locate the USCIS Tool to see up-to-date processing times. If a filing is taking too long, it is best to see if it is processing at the same pace as others.

What are the Eligibility Requirements for the I-129F Filing?

What documents are required?

Our office has an Immigration Checklist here: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends

How to prepare a Letter of Intent for this process:

Below is a template our office has created to assist:

https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/fiance-letter-of-intent-template

The Fiance will need three (3) Philippine Documents in Step 2 of the Fiance Visa Process:

How many Interviews are there?

There are generally 2 interviews.

Are there any Consular Interview instructions?

The Manila Embassy provides the following instructions for consular interviews: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html

What is the I-134 and is it required?

The I-134 is an Affidavit of Support. The I-134 and its financial supporting documents are required in the Fiancee Visa Process. The affidavit of Support allows the US Embassy to evaluate the financial stability of the US Citizen and their ability to support the foreign fiance. More information on the I-134 may be found here: /immigration/youtube-the-i-134-affidavit-of-support/

What happens if a Philippine Fiance is pregnant with a US Citizen’s Child?

Many believe the baby or newborn would need a visa to enter the US. Although the K-2 Visa is available for children of a K-1, any children of US Citizens should determine whether the baby would acquire US Citizenship at birth. The CRBA Process (More info found here: /immigration/children-born-abroad-how-to-get-citizenship-from-parents/ ) registers the birth in Manila or in Cebu, whichever US Embassy or Consulate is available, and provides the US Citizen child a US Passport, a US Social Security Card, and a proof of US Citizenship in the form of a CRBA Certificate that will never expire.

What if my Philippine Fiance has children, should they come on the K-2 Visa?

The K-2 Visa can be more economical and allows to keep the parent and children together as they immigrated to the US. The catch, a child who is leaving the Philippines forever should have a court order by a Philippine Judge authorizing the parent to have the power to take the child out of the Philippines and to have the power to immigrate to the US, regardless of any protests from the other biological parent.

Alternatively, some may utilize a “Notarized Statement / Agreement” between Biological Parents regarding immigrating to the US. However, if the agreement ceases, one parent contests or withholds consent, the child may not be able to acquire or use a K-2 Visa to leave the Philippines with one Biological Parent.

If you require assistance with the Philippine Fiance Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.

The post US Citizen’s Guide to the Fiance Visa Process in Manila Philippines appeared first on Fickey Martinez Law Firm .

US Citizen’s Guide to Immigrating a South Korean Spouse or Fiance

Sat, 01 Jun 2024 14:31:00 GMT

This post will discuss two types of Immigrant Visas available for a South Korean Spouse or Fiance:

This Post will not cover the K-3 Immigrant Visa, due to the low approval rating (i.e. less than a dozen worldwide). A Related Post can be found here .

– What Documents are required?

Our office has an Immigration Checklist here: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends

– Are there any Consular Interview instructions?

The Seoul Embassy provides the following instructions for consular interviews: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/SEO-Seoul.html

– South Korea Birth Certificate Guidance:

– What if a filing is already submitted, and taking too long, how can the average processing time be checked?

The below blog post helps locate the USCIS Tool to see up-to-date processing times. If a filing is taking too long, it is best to see if it is processing at the same pace as others.

– What if there is a baby, child, newborn of a US Citizen?

Many believe the baby or newborn would need a visa to enter the US. However, any children of US Citizens may already be US Citizens and should use a US Passport for travel.

The Consular Report of Birth Abroad (CRBA) Process (More info found here: /immigration/children-born-abroad-how-to-get-citizenship-from-parents/ ) registers the birth at the US Embassy in Seoul and provides the US Citizen child a US Passport, a US Social Security Card, and a proof of US Citizenship in the form of a CRBA Certificate that will never expire.

– Can a Spouse or Fiance just use ESTA and do Adjustment of Status in the US to get a Green Card?

Technically, No! ESTA is for a temporary visit to the US, and if avoidable, ESTA should not be used to permanently move to the US.

What if ESTA was used?

More info can be found here:

– Can the Active Duty Military stationed in South Korea have their dependants or fiance use ESTA to Adjust Status in the US after PCS-ing back to the US?

No. Make plans to start the Consular process at least 6 to 12 months in advance.

Misuse of ESTA is:

Visa Specific Information:

CR-1/IR-1 Spousal (Immigrant) Visa

The IR-1 / CR-1 Spousal Immigrant Visa is the visa that would allow a South Korean spouse to immigrate to the US. The process has 2 general steps. First, the filing will undergo review and approval from USCIS. Once approved, the filing will enter Step 2 where it is transferred to the NVC and subsequently to the Consulate.

The following is a more in-depth overview of the process in its entirety:

General Government Cost (as of October 2, 2020): $1185 or $1200

Average Processing Time (as of September 10, 2020): 10 to 12 months (with the bulk of processing time spent in the I-130 Petition)

The I-864 Affidavit of Support will be assessed according to the I-864P (Link found here: https://www.uscis.gov/i-864p ). If you do not overcome the I-864P Poverty Level, then Assets would be required ( Asset Explanation found here ), or a Co-Sponsor would be required ( Co-Sponsor found here ).

What is the Difference of a CR-1 or IR-1 Visa? If the marriage is less than 2 years at time of interview, then a CR-1 Visa would be issued, conditioning the residence to a 2-year Green Card and requiring an I-751. ( More information found here ) If the marriage is more than 2 years at time of interview, then an IR-1 Visa would be issued and a subsequent Green Card would be valid for 10 years.

K-1 Fiance (Immigrant) Visa

The Fiancee Visa has 3 steps:

What are the Eligibility Requirements for the I-129F Filing?

How to prepare a Letter of Intent for this process:

Below is a template our office has created to assist:

How many Interviews are there?

There are generally 2 interviews.

What is the I-134 and is it required?

More information on the I-134 may be found here: /immigration/youtube-the-i-134-affidavit-of-support/

Can I travel to the US while my K visa is pending?

Typically, no! A pending K Visa process does not in of itself allow someone to travel to the US.

However, using ESTA/VWP or having a non-immigrant tourist visa to travel to the US can be used while the process is pending.

The K-1 Fiance Visa may create a 2-year Green Card. What should I know about that?

If you require assistance with the Spousal or Fiance Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.

The post US Citizen’s Guide to Immigrating a South Korean Spouse or Fiance appeared first on Fickey Martinez Law Firm .

Prenups and US Immigration (K1, CR1, IR1, and Adjustment of Status)

Fri, 31 May 2024 02:18:09 GMT

A prenup is a protection measure against divorce. At its core, a prenup's only goal is to safeguard previously acquired wealth, assets, property, retirement accounts, and estate planning. The topic of a prenuptial agreement (premarital agreement) can garner polarizing opinions. It is common for spouses to say:

you don't love me if you want a prenup
no prenup, no wedding
you are putting the needs of other before the needs of the spouse
I'm immigrating for you, and you don't trust me
I'm leaving my friends and family for you, and you have doubts
I am not marrying you for your money, so I don't need a prenup

The list can go on and on. At the end of the day, the US Citizen (usually a topic brought by the US Citizen Spouse or Fiancee) is seeking protection AGAINST DIVORCE. Stressing: against divorce!!!

A prenup would not affect income, assets, property, retirement accounts, and estate planning during the marriage, as such items are a part of the marriage. It is not possible to bring home a paycheck during marriage, and then to tell a spouse, this is mine and not ours. The Income-generator would likely happily use the money on the marriage and other things that affects the marriage's basic needs/wants, such as food, travel, housing, bill payments, and entertainment.

EVERY immigrant spouse that immigrates to the US on the basis of fiancee or marriage would be financially sponsored by the US Citizen Spouse. This is a mandatory requirement found in the I-134 and I-864 Affidavits of Support, which cannot be contracted-away with a prenup. The Federal Government will hold the US Citizen responsible and the Federal Government has the power to demand reimbursement from the US Citizen by garnishing wages, freezing bank accounts, and claiming IRS Refunds.

Lets target some common questions:

What are the main parts of a Prenup, addressing the complexities of a US Citizen being in the US and a non-US Citizen being abroad?

Notarization: usually in person in the US or at a US Embassy or Consulate abroad for the US Citizen and then abroad at a US Embassy or Consulate for the foreign future spouse.
Voluntary: the spouses enter into the agreement without deception or coercion.
Executed: meaning it was signed and the signature matches government-issued documents, such as a Passport or Driver's License.
Drafted by an Attorney: Seriously, hire an attorney, especially if covering matters worth hundreds of thousands or over 1 million. Now is not the time to be cheap. Prevention now can save you 50% after a divorce. Attorneys would use better wording that makes understanding the contract wording better, which strengthensthe contract from challenge in divorce court.
Language Barrier/Translation: If the foreign national is not a native speaker or the country is not English-speaking, then you MUST MUST MUST have the document translated PRIOR to signing and notarizing.
Advance to the wedding: Some states may have a specific time period. A local attorney can provide that information when they are drafting the agreement. This time component allows thorough consideration of the agreement.
Separate Counsel: In an ideal situation, there would be 3 attorneys. One attorney for the US Citizen Spouse. One attorney for the Immigrating Spouse. AND, one attorney for the Immigration filing. This separation strengthens a prenup contract, and helps avoid legal challenges during a divorce proceeding (you know, the time the spouse wants everything and may hate you).
Don't Forget a Thing: All Wealth MUST be present in the agreement, otherwise it is NOT protected by the prenup. So, hiding something at the drafting stage can cost you dearly.
Witnesses: Some states may have a witness requirement. Local counsel would be able to verify. However, adding witnesses, preferably US Citizen Witnesses, helps solidify the strength of contract signing.

More information about the immigration options can be seen on our website . If you are in need of assistance, please feel free to contact our office for a Consultation .

J-1 Topic: Who Pays the H-1B Employment Visa Fees?

Fri, 17 May 2024 15:42:25 GMT

J1 Teachers raise this question frequently. The School Administration or the HR Department does a summary review of the sponsorship visa fees, and then they "condition job offers" to the J1 Teacher to pay their own fees in a few different ways.

This article will target the following questions:

Can the H-1B Employee pay the H-1B Fees for the Employer?
Can the H-1B Employer have the Employee sign a promissory note?
Can the H-1B Employer have the Employee take out a loan for their own fees?
Can the H-1B Employer have the Employee drop the cashier checks for the Immigration Fees to the Employer?
Can the H-1B Employer have the Employee pay the Immigration Attorney?
Can the H-1B Employer have the Employee agree to a lower pay to compensate/reimburse the Employer for the H-1B Fees?

The answer to each and every question is: NO.

The U.S. Department of Labor regulations require that employers pay all expenses necessary for H-1B applications. The fees cannot be recouped from employees .

The Regulations can be seen here:

What should you do if you are experiencing this issue?

Illegal activity is Illegal. A crime is a crime. A school administration is a part of the state or federal government, and such activities will not be tolerated. It is recommended to provide the above DOL regulation. If you are in need of an immigration attorney, you can schedule a consultation with our office.

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 .

Note: If the Employer is not adhering to legal requirements, they would lose the ability to sponsor temporarily or permanently. Sponsorship can be prohibited at any time, before an H-1B is given and even AFTER or years after the H-1B Visa is granted.

NVC’s Documentarily Qualified Status/Notice: What Happens Next?

Mon, 13 May 2024 13:19:00 GMT

[Leer Publicación en español]

The NVC “Documentarily Qualified Email” is great news, it means progress. Essentially, the NVC states 3 things in the notice:

First, the following has been reviewed, approved, and completed:

Visa Fee Payments
DS-260 Visa Application
I-864 Affidavit of Support
All Mandatory Petitioner/Sponsor Supporting Documents
All Mandatory Beneficiary Supporting Documents

The NVC is sending the Filing to the Embassy or Consulate for Visa Interview Scheduling
The NVC will provide the Interview Day and Time once they hear back from the Embassy or Consulate

Common Next Question: What is the Timeline for the Interview to be scheduled?

The Government CANNOT give an estimate on how long it will take for the backlog to be processed. They can ONLY schedule your Visa Interview 2-6 weeks in advance, once they have made it to your file. Some Embassies/Consulates schedule interviews in 1-5 months, whereas other Embassies/Consulates can take well over a year or 2 years. For example, the four BUSIEST Embassies/Consulates in the world are:

Mexico
India
China
Philippines

Delays are 100% expected at the 4 busiest countries.

A law firm cannot also predict how long the scheduling will take. However, one of the best, most up-to-date types of information on this “unofficial/informal” topic would be online forums. People generally volunteer their timelines, which help guide people’s expectations, especially those just waiting to be scheduled after being documentarily qualified.

2025 Update: The US Government has created an estimating tool on when a Visa Interview will likely be scheduled. It is not 100% accurate, but it has proven to be a good estimator. More information can be seen here: https://www.fickeymartinezlaw.com/how-long-until-the-embassy-or-consulate-schedules-my-immigrant-visa-interview

Common Second Question: Can I speed up my scheduling or have my case be expedited?

Generally, NO! The government usually only speeds up a case if the following scenarios are present:

The Beneficiary’s life is in danger or they require IMMEDIATE medical attention or medication that IS NOT PRESENT ABROAD. This situation is 100% outside of your control, and the Government doesn’t want the long-awaited spouse or child or parent to die while waiting. Requires Medical Records, Doctor’s Support, and possibly a US Doctor’s Evaluation.
The Beneficiary MUST come to the US Immediately to claim an inheritance of 1 million dollars. The Estate/Probate Attorney would be required to prove urgency and connect to the likelihood of severe financial loss of 1 million dollars if the beneficiary was forced to wait.
The parent has been separated from their minor child and the child cannot go abroad, the parent cannot travel to the US, the other parent or caregiver is NO LONGER PERMITTED to care for the child (e.g. incarceration, in a coma, in drub rehabilitation center, etc), and either the abroad parent has the filing process quicker or the state will take the child into foster care (due to abandonment).

The basis to speed up or expedite is EXTREMELY EXTREMELY limited, and ONLY TO BE USED IN THE RAREST OF CIRCUMSTANCES. The Government WILL NOT EXPEDITE due to:

J1 Statistics: California J1 Participants for 2022-2023

Fri, 10 May 2024 17:25:43 GMT

California brings in many J1 Participants each year under many different types of Cultural Exchange Programs. This post will take a snapshot of 1 fiscal year, 2022-2023. This information may be helpful for J1 Professionals considering placement locations.

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 .

Tema común sobre J1: ¿Puedo trabajar mientras mi exención J1 está pendiente o cuando esté aprobada?

Fri, 10 May 2024 16:10:02 GMT

Esta publicación cubrirá una de las preguntas más comunes que tiene un J1: ¿la exención J1

permitiría el empleo?

En resumen, la respuesta depende de que se exima la visa J1.

Un J1 aún puede trabajar durante su Período Autorizado DS-2019, con el mismo empleador y el mismo puesto. Si el Patrocinador NO cancela el Estatus J1 en el Sistema Gubernamental, el empleo aún está autorizado. Por lo tanto, la Exención no detendría el empleo, pero en sí misma no lo permite. Esta es una distinción importante, porque otros podrían ver J1 funcionando y podrían percibir erróneamente la exención que lo autoriza.

Si el DS-2019 está por vencer o ya venció, el J1 Waiver NO otorga:

autorización de empleo
renovación de licencia de conducir
viajes internacionales

En otras palabras, la Exención J1 NO ES UN ESTADO para permanecer en EE.UU., eso es lo que hace la Visa J1. La Exención, en esencia, es simplemente un proceso para ROMPER un acuerdo previo para regresar al extranjero (país de origen) por un mínimo de dos años. Una vez aprobada la exención, el J1 puede buscar un estatus migratorio diferente, como por ejemplo:

Inmigrar a los EE.UU. (adquirir Residencia Permanente Legal o Tarjeta Verde) ya sea a través del proceso de Ajuste de Estatus I-485 o el Proceso Consular DS-260
Visa de prometido K-1
Visa de Empleo H
Visa de Empleo L

Si trabajan más allá de la Visa J1 y sin autorización de empleo, la mayoría no son elegibles para Visas de Empleo, y las solicitudes de inmigración para la Tarjeta Verde pueden ser prohibidas o consideradas inadmisibles por Fraude I-9.

Puede ver más información sobre la exención J1 en nuestro sitio web . Si necesita asistencia de exención J1, no dude en contactarnos. Contacte nuestra oficina para una consulta.

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.

2024 Statistic: How Many Mexican J1 Teachers exist in the US?

Fri, 10 May 2024 14:41:18 GMT

This post will target how many J1 Teachers are in the US, that come from Mexico. This statistic helps put some things into perspective of how many J1 Teachers are currently in the US, as well as how many J1 Professionals come to the US.

Since the J1 Teacher Program can be extended to 5 years, this post will do a 5-year lookback.

There are always Teacher Shortages and always a demand for highly qualified Public School Teachers. This demand for teachers has increased after COVID.

It is important to note: For the 2020-2021 academic year, there was a J1 Covid Ban in effect. During that year, only 24 Mexican teachers were approved and in the US before the border closed. This is the reason for that low number in comparison to other academic years.

The ban has also affect/improved/sped-up J1 Waiver filings. More information on that topic can be seen here: https://www.fickeymartinezlaw.com/immigration/how-the-2020-j1-visa-ban-will-likely-create-faster-waiver-processing-in-2023-or-2025

We will assume all 778 Mexican J1 Teacher are pursuing 5-years under their J1 Programs, meaning none left early or left after completing the common initial 3-year contract.

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 .

2024 Statistic: How Many Colombian J1 Teachers exist in the US?

Fri, 10 May 2024 14:18:02 GMT

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.

The need for teachers, primarily spanish teachers or splash teachers has increased after COVID.

For the 2020-2021 academic year, there was a J1 Covid Ban in effect, where only 2 teachers from Colombia were approved and in the US before the border closed. This is the reason for that low number. The ban has also affect/improved/sped-up J1 Waiver filings. More information on that topic can be seen here: https://www.fickeymartinezlaw.com/immigration/how-the-2020-j1-visa-ban-will-likely-create-faster-waiver-processing-in-2023-or-2025

We will assume all 1084 Colombian J1 Teacher are pursuing 5-years under their J1 Programs, meaning none left early or left after completing the common initial 3-year contract.

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 .

Common J1 Topic: Can I work while my J1 Waiver is Pending or when it is approved?

Fri, 10 May 2024 13:26:14 GMT

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 .

Quiebra e inmigración: cosas útiles que debe saber

Fri, 10 May 2024 10:20:54 GMT

¡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.

Colombian J1 No Objection Statement (NOS) Waiver: Explained

Wed, 08 May 2024 10:52:18 GMT

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?

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

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 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.

Notice of Immigrant Visa Case Creation: Explained

Mon, 29 Apr 2024 13:16:47 GMT

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:

My DS-2019 is blank! How Do I know If I am Subject to the J1 212e 2-Year Home Residency Requirement?

Fri, 26 Apr 2024 14:56:18 GMT

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

J1 Physicians: The Conrad 30 is an underused waiver option

Wed, 24 Apr 2024 11:24:16 GMT

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.

J1 Waiver Statistics and Approval Rating

Tue, 23 Apr 2024 01:16:00 GMT

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:

HOWEVER, statistics can be deceiving.

For starters, the Waiver Review Division does not DENY every Waiver Filing. Instead, the filing can sit indefinitely, not affecting the Denial Statistic.

For J1 Visa Holders, it is great to understand HOW MANY J Visas are issued each year:

2019: 391,561

2020: 123,742

2021: 148,623

2022: 315,065

2023: 348,721

Now, if you are a J1 Teacher, how many J1 Visa Holders do you that are currently pursuing a J1 Waiver? You can likely think of quite a few. At any given time, there are close to 1 million J Exchange Visitors in the United States at a given time, many of which are subject to the 2-year Home Residency Requirement.

5,500 Waiver Applicants is not a significant percentage of the entire J Visa Population. Now, not every J-1 Teacher would pursue or qualify for the J1 Waiver. However, due to the "scarcity of teachers" (a very common term), many J-1 Teachers should consider their immigration and employment options.

Our office is happy to provide a consult to explain any options after the J1 Program.

USCIS Case Rejected for Incorrect Fee Payment: What should you do?

Tue, 16 Apr 2024 13:15:30 GMT

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:

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:

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

IGA Waiver for J1 Teachers on Indian/Native American Reservation (Tribally Controlled Schools)

Tue, 09 Apr 2024 14:52:36 GMT

Teachers are always in demand. They are needed in the public schools, they are needed in the private and religious schools, and they are needed in Native American schools. J-1 Teachers are highly educated and experienced. However, most J-1s have a 2 year home residency requirement, that prevents them from applying for an H-1B Visa and a Green Card after their J-1 Program expires.

A school located on a Native American Land, may be a positive alternative for J-1 Teachers.

What is a Native American School?

There are 183 Bureau-funded elementary and secondary schools, composed of 53 Bureau of Indian Education schools and and 130 Tribally Controlled Schools. The Schools are located on 64 reservations in 23 states, and serves approximately 46,000 Indian students.

Tribally Controlled and Bureau Operated School is a distinction that aids with the J-1 IGA Waiver.

What is the benefit of the IGA Waiver?

The School that is need of a school teacher is able to assist in the J-1 Waiver as an "Interest Government Agency." The Waiver could allow them to remove the restriction and pursue an H-1B Teacher Visa. The Bureau of Indian Education, as well as possibly the Tribe and Bureau of Indian Affairs.

Where can I locate Native American School - Teacher Position Openings?

The Bureau of Indian Education posts openings on their website, located here: https://www.bie.edu/current-vacancies

If you have questions regarding the J1 Waiver, you can set up a consult with our office.

NOTE: Another alternative for J-1 Teachers requiring the waiver may be R-1 Visas for Teachers in Religious Schools. More information found here: https://www.fickeymartinezlaw.com/r1-visa-for-school-teachers-at-religious-private-schools-an-alternative-to-the-h-1b-visa

Unaceptable NOS Letter: What does it mean and what to do?

Tue, 09 Apr 2024 14:16:53 GMT

An "unacceptable" No Objection Statement from the foreign government or foreign Embassy or Consulate used to be a rare occurrence.

In 2024, this issue has been appearing more frequently and by many different countries.

The following might be prompts bringing you to this blog post:

The DOS Waiver Status states "No Objection (Unacceptable)"
The Embassy/Consulate emailed a courtesy letter with incorrect data
The Embassy/Consulate emailed a courtesy letter with poor print quality

What should I do?

The DOS Waiver Review Division would receive the letter and mark it as unacceptable. They would automatically notify the appropriate Embassy or Consulate on the error. The Embassy or Consulate can take a few weeks or months to correct their error.

Should I email the Waiver Review Division at 212ewaiver@state.gov ?

You can, but responses can take 1-2 months and it would not affect the case as DOS would act immediately on their own and the case status would update as soon as the foreign government corrects their error.

If you have questions regarding the J1 Waiver and what to expect next, you can set up a consult with our office.

Indian Arranged Marriage and US Immigration

Thu, 28 Mar 2024 15:10:47 GMT

An Arranged Marriage is very traditional to India. From the US Perspective, it may have a negative connotation, portrayed as an unusual arrangement, portrayed as a relationship devoid of love, and even a forced marriage. Arranged Marriages can be conducted through parents that are familiar with one another, or through the services of a Matchmaker or Sima Taparia.

However, arranging a marriage is also not uncommon in the US. Hometowns commonly have parents know one another, and the children are invited to family gatherings and parties. A simple introduction or exchanging children's contact information can lead to dating and a marriage. The term "arranged marriage" might feel foreign in the US, but a good spouse from a good family is a good practice.

A dating period of one month or six months or 1 year might be short for some people. However, love is love, and newly webs also desire to be together. The focus of the US Government is to look for:

the spark of love and plans/dreams to be together forever
the absence of force or coercion between the spouses

This blog post will address how this cultural process, the arranging of marriage, is handled by USCIS and the US Immigration process.

Focus 1: Proving the Relationship

A relationship is reviewed by USCIS in the I-130 Petition of an Alien Relative. The I-130 process asks for copious amounts of evidence (a deep dive into common marital evidence one can provide can be seen here: https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/bona-fide-marriage-evidence-how-many-photos-does-uscis-want-with-an-i-130-filing ). However, for arranged marriages, the common documents that should be provided in the filing are:

plane tickets to visit one another (physical presence is important)
communication records (talking is important)
Photos together (smiles and happiness is important)

Items like joint bank accounts, deeds together, leases together, bills together, those items are common for boyfriends and girlfriends in the US, but they can create financial stress to a young relationship. Divorce is high in the US for many factors, financial being a high factor. However, in an arranged marriage, the finances are a little removed, allowing the young couple to focus on: personality, hobbies, and dreaming of a future together. There are perks of focusing the spouses' attentions to what really matters. Evidences, such as those that focus on financial documents, are less important if they do not exist.

Focus 2: Timeline

A young relationship may only be a few weeks or a few months old at time of the arranged marriage and starting the I-130 petition. The I-130 filing does take a few months to over 1 year to process. During this processing, the relationship grows, it blossoms, love becomes deeper, dreams become reality, and a strong relationship forms.

New Marital Evidence can be supplemented and added to an I-130 filing to strengthen it before it is ever reviewed by a USCIS Officer.

Focus 3: Marriage in India

The US Embassy System does provide the following information regarding marriage in India: https://in.usembassy.gov/u-s-citizen-services/marriage/

As long as the marriage is properly recorded, the US Government generally accepts the marriage certificate for immigration purposes.

Breakdown of the CR-1/IR-1 Spousal Immigrant Process:

A Spousal Immigrant Visa can take 1 of 2 forms: CR-1 or IR-1. The difference is the length of the marriage at the time of the Visa Interview. For marriages under 2 years, a CR-1 is provided. For marriages over 2 years, an IR-1 is provided.

A CR-1 creates a 2-year Conditional Green Card, whereas the IR-1 creates a 10-year unconditional Green Card.

For arranged marriages, the CR-1 Visa is more common when the I-130 is started shortly after marriage. However, if the process does take too long, the filing would automatically change to IR-1.

What happens after a 2-year Green Card? An I-751 filing occurs, which allows USCIS to confirm the marriage was with love and allows USCIS to issue a 10-year Green Card or US Citizenship.

There are three agencies involved in the CR-1/IR-1 process:

USCIS
NVC
DOS (Embassy/Consulate Division)

All three agencies serve a purpose and have particular requirements.

Most consider the process as a 2-step process, but a better Step-by-Step Process can be seen here:
Part 1 – Petition to Recognize the Relationship – Submit the I-130 Electronically
Part 2 – Waiting Period – I-130 Pending awaiting a USCIS Officer to review the filing and supporting documents
Part 3 – NVC Processing – Visa fees are paid online, DS-260 is completed, and supporting documents are uploaded.
Part 4 – Consulate Interview – NVC provides Mumbai Interview day and time, Consulate Account Registered, Medical Performed, Documents Organized, and Interview Attended.
Part 5 – Arrive in the US – Pay the Immigrant Fee, Fly to the United States, Apply/Receive US Social Security Card, and Receive a Green Card in the mail within 3 months after entry.

The Mumbai Consulate (New Dehli does not issue immigrant visas at this time) provides the following instructions for consular interviews:
https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/BMB-Mumbai.html

Foreign (Indian) Documents requirements can be seen here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html and an overall document checklist from our office can be seen here: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends/

If you would like a consultation for your immigration filing, please contact our office to set up a consultation with our Immigration Attorney.

Tax Bracket Explanation: An Important Topic in Estate Planning

Wed, 06 Mar 2024 15:45:01 GMT

This is a simple breakdown of the amount someone pays on their federal income taxes. Math isn't everyone's strong suit, but income and profit need to be understood at a basic level.

For starter, when most hear the term "tax bracket," they immediate thing of percentage of taxes they will owe the IRS at the end of the year. Numbers or percentages like the following fill the imagination:

If someone earns $100k a year, they fear the 22% tax bracket because that is $22k of $100k. However, simply put, the tax bracket operates is steps or phases. For example, in 2024, a Married Couple that has a household income of $100k, would see the following tax brackets:

The first $23,200 would be taxed at 10% (i.e. $2,320)
The next $71,100 of income up to $94300 would be taxed at 12% (i.e. $8,532)
The next $5,700 (to make $100k) of income up to $201,050 would be taxed at 22% (i.e. $1254)

So, the overall federal income tax would be $12, 106 versus the general belief of $22k at 22%.

Another example may be helpful, but this time a married couple that that has a household income in 2024 at $250k. The bracket breakdown would be as follows:

The first $23,200 would be taxed at 10% (i.e. $2,320)
The next $71,100 of income up to $94,300 would be taxed at 12% (i.e. $8,532)
The next $106,750 of income up to $201,050 would be taxed at 22% (i.e. $23,485)
The next $48,950 (to make $250k) of income up to $383,900 would be taxed at 24% (i.e. $11,748)

So, the overall federal income tax would be $46,085 versus the general belief of $60k at 24%.

A visual may help understand the bracket layout:

Now, this discussion is only focusing on Federal Income Tax, a further evaluation would need to be conducted to determine the State Income Tax and the method in which the income is received (i.e. as a W2 Employee, a Independent Contractor, an LLC, a C Corp, an S Corp, etc.).

K-1 Visa Holder married after 90 days – what to do?

Fri, 01 Mar 2024 08:00:00 GMT

[Note: Youtube video is a few years old, but the information is still the same]

If the Fiance entered the United States on a K-1 Fiance Visa, but the couple did not marry within the 90 days after entry, the foreign fiance is considered to have “overstayed” her Fiance Visa. There are two very important distinctions that must be made of what happens/happened NEXT: (1) married the “intended fiance” or (2) married someone else.

(1) Married the “Intended Fiance”

If the Fiance married the Petitioner of the I-129F, there is hope.

An “overstay of the K-1 Visa” may still apply for adjustment of status and receive a Green Card through the spouse. However, the I-129F Petition would no longer be valid as it dies on the 90th day of the K1 Visa.

An I-130 Petition would be required. However, USCIS will require a reason for failing to marry within 90 days after the couple had given many statements of their intent to marry in the allotted time.

If fraud was present, the newly-married couple could face complications and be required by USCIS to pay $930 in an I-601 or I-601A Waiver.

(2) Married someone else

If the K-1 Fiance married someone who did not file the I-129F that provided the entry into the US, you should speak with an attorney.

Overstaying and marrying a non-petitioner will require the Foreign National to leave the U.S. to attend an immigration interview abroad. ADJUSTMENT OF STATUS would be Restricted, as the K-1 Entry would be unable to adjust status outside of marriage to the original I-129F Petitioner.

Overstaying a visa could place a 3-year or 10-year admissibility bar on the K-1 Visa Holder. Meaning, an exit would punish the immigration violation with a rejection from re-entering the United States for many years.

There is an I-601A waiver process, but it should be handled by a professional or the result may mean many years of being separated from a spouse.

Overstaying any visa may lead to deportation. It is wise to honor the CBP I-94’s permitted time in the U.S. If overstaying is likely, a foreign fiance should speak with an immigration attorney.

If you have any concerns, you should speak with a local Immigration Attorney, or you may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066 or email at attorney@fickeymartinezlaw.com.

The post K-1 Visa Holder married after 90 days – what to do? appeared first on Fickey Martinez Law Firm .

NC Pet Trust: Care for your pets after you pass

Fri, 09 Feb 2024 18:32:28 GMT

Sometimes, our pets are like our family. They are our best friends, there are always eager to see us, and they are a part of our family since their birth most of the time. The thought may pop into your head:

what is going to happen to my beloved pet when I pass?
Is a friend or family member going to take care of them?
Are they going to go to the pound when I pass and eventually be put down?

In NC, this worry is very common and a law was created to support and address this concern: N.C. Gen. Stat. § 36C-4-408

A "Pet Trust," also known as a "Animal Care Trust," allows for the pet owner to set up the means to care for their pet (dog, cat, snake, bird, lizard, fish, turtle, guinea pig, rabbit, chicken, rats, hamster, horse, etc.), throughout the pets lifetime and then whatever remains from the trust, can be directed to someone else or a charity.

The first focus on considering a pet trust is: who do you trust to take care of the pet? and, who would you trust with money after you are gone?

A close friend or family member are ideal people to appoint for administering the trust funds.

The second focus is how much do you want the trust to cover?

A Pet Trust can cover all of the following:

Daily food for the pet
Daycare costs of boarded for the day or during long vacations
Groomer fees
Dog or obedience school fees
Veterinarian fees
even, cremation and funeral services

In North Carolina, a pet trust can be set up affordably and be set up in many different ways. The most ideal way is the set it up while alive, so you know all of the details on how the pet will be cared for after your passing.

How do you get started?

Insurance Trust: A Way to Make Sure your Loved Ones are Taken Care of

Thu, 08 Feb 2024 18:08:48 GMT

Setting up a trust to take care of your Spouse, Children, and even Grandchildren is quite easy. A Life Insurance Policy is capable of funding a trust when someone passes. A million dollar term life insurance policy may be as low as $100 a month, and a $5 million term life insurance policy can be as low as $300 a month.

A common scenario: A husband wants to make sure his wife and child are taken care of, if he was to pass away over the next 20 years. A trust can be created, instructing on how the wife is taken care of, how the children are taken care of, and whether the wife or children receive the remainder of the insurance policy after so many years or after the wife passes away.

An insurance trust (aka Irrevocable Life Insurance Trust or ILIT) can be set up today, to be the game plan for tomorrow or sometime within the term of the life insurance policy.

Why use insurance to fund the trust?

Cost and security. A million dollars or 5 million dollars is extremely difficult to save. Saving thousands of dollars EACH MONTH is not common or possible for most households, and to keep that saving habit for 20 years in order to save millions of dollars, is not feasible for most.

If you saved or invested 1k (about 100$ a month) a year at 6% in the stock market or funds, after 20 years, that investment may be around $40k. By comparison, if you have a $1 million life insurance policy paid to the trust, and the insurance payments were $100 a month, if you passed away, the insurance would create that $1 million savings in the trust. The Insurance Premium is possible, the amount is able to be budgeted, and it is generally available for most household income levels. The insurance would create some security.

Should I get a new Life Insurance or can I use an old one?

There are pros and cons to old insurance. Similarly, there are pros and cons to new insurance.

For old insurance policies, the premiums may be lower, but they usually are named to an individual and not initially to a trust. There are some tax considerations when "updating" old policies and directing them to a trust.

For new insurance policies that initially name the trust, the tax considerations are reduced, but normally at the cost of higher premiums (as premiums tend to increase the older one is and due to health matters).

Should I get Term Life Insurance or Whole Life Insurance?

A mixture of both is not a bad thing. A High Term Life Policy would mean more security while you are younger. If you outlive the term life policy (yay living), the Whole Life Policy would still grow and mature. The mixture of both would mean the trust would remain funded.

Now, while you are younger, there is an argument for a higher policy. While young, you normally have:

Mortgage Payments
Car Payments
Credit Card Debt
Student Loan Debt
Medical Bills
Tuition for children

You may also have:

Higher income producing job

The money needed to pay the premiums for a Higher Policy are more accessible when younger. Additionally, since debts are generally higher when young, the High Policy may be able to pay off debts and provide a more secure lifestyle for the loved ones.

To Note: A Whole Life Policy generally has higher payment premiums. As an example, a $1 million term policy may have a monthly premium of $100, but a $1 million whole life policy may have a premium of $800-$1200.

Who pays the Insurance Premiums and Who owns the Policy?

The Insurance trust (aka Irrevocable Life Insurance Trust or ILIT) would own the insurance policy, subject to the life of its creator/grantor. Since the trust owns the policy, the trust would have to pay the insurance premiums. The creator/grantor would need to make sure the trust has sufficient capital to pay the premiums. The trust receives money by its creator/grantor gifting the trust the money (essentially filling its wallet with some capital), and the trustee (the person who will help the trust act when you have passed away) would make sure the payments occur annually.

How do you get started?

Contact a local estate attorney near you to review your assets, liabilities, and overall retirement plan. The estate attorney can explain the process, assist with creating the trust, they may act as your trustee or help in trustee selection, and explain insurance policies and your ultimate goals.

Placing Your Rental Property in a Trust in NC? Should you do it?

Tue, 06 Feb 2024 15:08:50 GMT

A rental usually takes one of three forms.

First, it may be a prior home that you lived at, and due to moving, or change of circumstance, or due to opportunity, you moved to another home, but you decided not to sell your first property due to rising property values, sinking property values, possibly a good interest rate on the loan, sentimental attachment to the property, or maybe there was a possibility that one day you would return to that home.

Second, you are an individual that views properties as, a form of investment.

Third, you are a business, which is similar to an individual, and might be what the individual investor becomes once they collect 2 or 3 or 4 or 10 or 20 rental properties.

All of these forms hold the rental property as an income producer. A rental property can be a retirement plan, it can be an investment, it can generate cash flow; however, as most landlords know, a rental can also be a liability.

Why set up a trust to manage one or multiple rental properties?

Safety.

If you have ever had the pleasure of being sued by a tenant, maybe it was a counter lawsuit from an eviction, maybe it was from damage to the rental property that the tenant performed, maybe it stemmed from an accident by a third-party. The owner of a property, the landlord, is able to be sued. Lawsuits carry financial risk. Risks SHOULD be reduced and mitigated wherever possible.

A trust is essentially the creation of a new legal entity, "a paper clone" of the landlord. The trust would receive its own FEIN number (a ss# equivalent), the trust would be listed as the owner and some fashion, and the trust can determine what liabilities of the landlord Should be left open to.

A trust is a tool that helps create safety.

Who can set up a trust for rental property purposes?

It is recommended to have an estate attorney set up the trust, the ancillary businesses, possibly be the trustee, and hire a property management firm. This description alone summarizes essentially the creation of three or four invisible barriers between the landlord and the tenant/rental property.

The rental property should be free and clear of any loans, as loan providers would not generally permit trusts. Loan providers want to hold the landlord personally liable for the debt on the property, and they would not agree to a trust and its invisible barriers.

However, if a landlord owns 100% of the equity, the landlord can deed the property to their trust clone for zero dollars.

Although there are templates and packages that can be purchased online, the old adage comes to mind:

you get what you pay for.

What about a virtual lawyer that was found online?

That could be compared to a magic trick, whenever a problem arises:

Now you see me, now you don’t. Although, invisibility might be a superpower rather than a magic trick. Again, you get what you pay for.

If you pay for a local attorney that has a brick and mortar location, very unlikely that they brick and mortar can disappear when a problem arises. The local attorney would charge more than the few-buck template online or the super cheap virtual lawyer, but they are less likely to be a risk or liability, and more likely to be considerably helpful and a barrier to help promote the landlord financial safety

So, how does a trust remove the landlord from the equation?

Simple, the landlord is the person or entity on the deed. The trust name would appear on the deed versus the landlord name. The trust name should not match the landlords name, such as John Smith named their trust John Smith Realty Trust, as to help differentiate property ownership. Also, if there was a lawsuit, the landlord personally May Not be able to be named, if a few other things occur.

For instance:

The rental property has a property management company that is the face and rent collector of the operation
A business owns the rental property and that business is owned by the trust
An estate attorney is acting as the trustee, being the signature on behalf of the trust

If I am no longer the landlord, and my trust clone becomes the owner, what happens to the income and profit?

The beauty of a trust is that it is a clone of the landlord, and it follows the guidelines or instructions that it was given when it was created. Put another way, the trust will act like a robot, and will do what it’s creator decided.

For instance, a simple set up would be the trust was created to own the property and receive the remainder of any rent checks after the property managers fee.

50% of the profit can be paid to the original landlord once a month as a direct deposit to a personal bank account.

The remaining 50% is to be automatically placed into a high yield savings account under the trust. From that account, the trust can withdraw from it once a year to pay property taxes and income taxes. The remainder is to stay in the high yield savings account to pay for any unexpected repairs on the rental property.

A more complex set up could introduce CDs, stock ownership/investment, purchasing a certain amount of gold and silver, even purchase more land or rental properties either by cash or by loan.

As an investment, the complexities can grow to, as much as can be imagined. The catch, once the robot is created, the instructions of what to do are given, the original landlord may not, or should not be able to alter the set up, as to avoid future risks and the liabilities. After all, the goal is safety.

Is a trust able to help the landlord with their taxes?

Possibly, it depends on how much money is placed in the landlord’s bank account, as that would be calculated as income attributed to the landlord.

In and above example, 50% of the income remains in the trust bank account, and 50% distributed to the landlord, the 50% distributed to the landlord would be counted as the landlord income, and 50% that remain with the trust, would be included in the trust tax return.

Even clones need to pay their taxes, but there is a major benefit, the bracket of the clone would likely be much lower than the tax bracket of the human landlord.

The trust is able to provide security, but also allow the landlord, through a trust, to maintain or build wealth.

Common Error: USCIS Online Account File Processing Time ERROR

Fri, 19 Jan 2024 15:17:54 GMT

The common questions regarding USCIS Processing time estimates on the USCIS Online Account are as follows:

Why does the USCIS Online Account Estimate differ from the public USCIS Case Processing time Estimator ( https://egov.uscis.gov/processing-times/#mainContent )?
Why does the USCIS Online Account Estimate jump from a few weeks to a few months to a few weeks?
The USCIS Online Account Estimate stated progress expected in 1 week, and that was a month ago?

Is the estimate correct?

Yes and No.

Yes, for a small percentage of times.

No, for almost everything else. Over the last decade, USCIS has used many metrics to estimate their processing time. The current measure is to pick a few cases, and use the start and end time of the case, including fast cases with slow cases, including cases that were filed correctly with cases filing incorrectly, lacking needed information, lacking needed documents, lacking eligibility. The case sample creates the estimate, which may coincide or may be incorrect. This approach may be considered a "processing time methodology." USCIS also has used a different approach cased "cycle time," which breaks the case into individual cycles, like pre-background check and post-background check.

From a third-party opinion observing this online system since its use beginning in 2019, generally the USCIS Case Processing time Estimator ( https://egov.uscis.gov/processing-times/#mainContent ) is more realistic and the USCIS Online Account Estimate is idealistic or not the common timeline. It is common for people to follow the countdown timer and then when it hits zero, they become confused and concerned. In my book or my opinion, that is a sign that the estimate is not correct, or an error. It could be off by a few days, a few weeks, and even a few months.

The Public USCIS Processing Time Estimator located at https://egov.uscis.gov/processing-times/#mainContent is more accurate, updates weekly and monthly, and states that a good average or 80% of cases happen within a certain period of time, and at a specific USCIS office. The 100% estimate can be found lower in that same page, signifying the longest possible amount of time.

People rarely have similar questions and concerns regarding the Public USCIS Processing Time Estimator ( https://egov.uscis.gov/processing-times/#mainContent ). If you process around the 80% timeline or 100% timeline, you generally see movement. If a case passes the 100% time estimate, you can contact USCIS and USCIS will respond with a possible reason for the delay or can provide comfort that helps reduce worry or concern.

How can I make my case move faster?

USCIS Processes in the order received. First come, first serve. Expedite requests are performed rarely and on a case-by-case basis.

How to Request your Credit Report: A Helpful Guide

Mon, 08 Jan 2024 18:32:00 GMT

You are entitled to a free credit report from each of the three credit reporting agencies (Equifax, Experian, and TransUnion) once every 12 months. You can request all three reports at once, or space them out throughout the year.

A Credit Report may be requested for Immigration, it is mandatory in Bankruptcy, and it is highly recommended for Estate and Estate Planning.

New Paragraph

Request Your Free Credit Report:

Online: Visit www.annualcreditreport.com

By Phone: Call 1-877-322-8228. For TTY service, call 711 and ask the relay operator for 1-800-821-7232.

By Mail: Complete the Annual Credit Report Request Form and mail it to:
Annual Credit Report Request Service
PO Box 105281
Atlanta, GA 30348-5281
Request Form can be found here: Click Here

The post How to Request your Credit Report: A Helpful Guide appeared first on Fickey Martinez Law Firm .

Estate Planning: Self-Proving Affidavit Sample

Thu, 04 Jan 2024 14:38:34 GMT

SELF-PROVING AFFIDAVIT

THE STATE OF NORTH CAROLINA
COUNTY OF ONSLOW

BEFORE ME, the undersigned authority, on this day personally appeared:

Testator’s Printed Name ________________________________________

First Witness’ Printed Name ________________________________________

Second Witness’ Printed Name________________________________________

known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said

________________________________________, Testator, declared to me and to the said witnesses in

Testator’s Printed Name

my presence that said instrument is his Last Will and Testament and that he/she had willingly made and executed it as his/her free act and deed; and that said witnesses each on his/her oath stated to me, in the presence and hearing of the said, Testator, that the said Testator had declared to them that said instrument is his/her Last Will and Testament, and he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said Testator and at his/her request; and he/she was at the time eighteen (18) years of age or over and was of sound mind; and that each of said witnesses was then at least fourteen (14) years of age.

Signature of Testator ________________________________________________

Signature of First Witness ________________________________________________

Signature of Second Witness ________________________________________________

SUBSCRIBED AND SWORN TO BEFORE ME by the said Testator, and by the said First Witness and Second Witness, on this the _______day of ___________________________, 20_____.

______________________________________________ [Official Seal]
Notary Public Signature
Commission Expires: ______________________

US Citizen’s Guide to Immigrating a Japanese Spouse or Fiancee to the United States

Mon, 01 Jan 2024 15:31:00 GMT

Immigration can be difficult to understand. It is even more difficult to understand a visa’s timetable, the number of steps in a process, how many agencies handle the filing, and the most important question: when will the significant other be allowed to come to the United States to live the rest of their life with the US Citizen?

This post links two of our office’s guides on how to immigrate your significant other from Japan. Every country is different and having a guide focusing specifically on Japan can be helpful.

Japanese Fiancee

Japanese Wife or Husband

The post US Citizen’s Guide to Immigrating a Japanese Spouse or Fiancee to the United States appeared first on Fickey Martinez Law Firm .

Can an I-864 Co-Sponsor Withdraw their Sponsorship?

Mon, 11 Dec 2023 14:55:09 GMT

The topic of Co-sponsor Withdrawal may be prompted by many different reasons, such as:

the Co-sponsor may have lost a job or source of income
the Co-sponsor may have a medical condition that is now consuming a lot of their disposable income
the Co-sponsor may have started to receive Social Security
the Co-sponsor's spouse may have passed or has new financial obligations
the Sponsor may have broken up, seperated, or divorced the immigrant
the Sponsor may have passed away
the Immigrant may not be pleasant, may have cheated in a marriage, or may no longer be a good fit for the Sponsor

Whatever the reason, the topic of sponsorship withdrawal comes to mind. The short answer is: everything depends on timing / when to withdraw. The longer answer is as follows.

Can you withdraw sponsorship during the I-485 Process or before an Immigrant Visa is approved?

Generally, Yes, you may be able to withdraw prior to a Green Card being issued. The reason it is possible if for the fact that another co-sponsor may still be able to be located. There may be some limitations, for some following situations:

A Fiance was married, an I-134 was completed prior to the K-1 Visa being issued, the Spouses married and started the I-485. The I-134 may hold the Co-sponsor liable even during the I-485 process.
A Co-sponsor submitted an I-134 for a Parole Program (Cubans, Haitians, Nicaraguans, Venezuelans, Ukrainians, etc.), a spouse is able to apply for Adjustment of Status after entry. The I-134 may hold the Co-sponsor liable even during the I-485 process.

Can you withdraw sponsorship AFTER the I-485 Process or Immigrant Visa is approved?

No, withdrawal after a Green Card is issued is not possible.

Some argument can be made for situations where the underlying Relationship was fraudulent. Example being: A spouse left the Sponsoring Spouse immediately after receiving a Green Card. A complaint to USCIS may prompt a fraud investigation, which may re-examine the Green Card Filing and may prompt a Deportation Court proceeding and removal of the Green Card. If the Green Card is removed/canceled, the sponsorship and co-sponsorship would cease as well. This is not a normal scenario, but anything is possible.

When does Sponsorship naturally end?

The I-864 commitment ends in one of the following scanrios, which were notated in the I-864 before signing:

The Immigrant becomes a US Citizen, which can be in 5 years, 3 years, and even much sooner under some special military/government statutes.
The Immigrant pays 40 quarters to Social Security, which could occur in 10 or more years. Essentially, the Immigrant held employment consistently for 10 years could end the Sponsorship Commitment.
The Immigrant is Deported.
The Immigrant Abandons the Green Card, normally by leaving the US for more than 1-2 years or submits the Green Card to Customs at the border or at a US Embassy or US Consulate Abroad.
The Immigrant passes away, that ends the contractual sponsorship.

R1 Visa for School Teachers at Religious Private Schools: An Alternative to the H-1B Visa

Thu, 07 Dec 2023 13:34:47 GMT

This post is designed for the following non-immigrants:

F-1/F-2 Student Visa Holders that have a bachelors in Education
J-1 Public School Teachers or their J-2 dependant that have a bachelors in Education
B1/B2 Tourist Visa Holders that have a bachelors in Education
Or, someone who aims to be a school teacher in the US

There are two main ways a foreign national can acquire a teaching position in an elementary school, middle school, or high school within the United States, and they are: (1) J1 Exchange Visa and (2) H-1B Employment Visa. However, many schools and teachers overlook the possibility of an R-1 Religious Worker Visa for Teachers at a Private Religious School.

If you'd like more information on the H-1B visa option for Teachers, click here: https://www.fickeymartinezlaw.com/h1b-visa-for-teacher-and-professor

What does the R-1 Visa Require?

The R-1 Visa requires 3 basic requirements.

First, the School must be connected/a part of the religious organization. For instance, a catholic or christian school that is immediately next to the catholic or christian church shows proximity. If the Priest or Preacher has a managing role in the school, the students have frequent contact in church programs (i.e. mass or sermons), and the bookkeeping of both entities are managed jointly, a strong connection is formed.

Second, the Teacher must be a believer of the denominational belief for a minimum of 2 years immediately before applying for the teaching position. Proof of attendance and beliefs would be required.

Third, the Teaching Position must involve some elements of the religious belief into the educational curriculum.

Is the R-1 Better than H-1B?

R-1 Visas are simpler processes. They also experience considerably less competition since it is religious focused. If you meet the religious belief requirement, and the school is a private religious school, then the R-1 Visa would likely be a better choice. However, if the school has been actively looking for a teacher to fill a position, the H-1B may be more beneficial as it allows for more teacher applicants (meaning a teacher from a different denomination / or a teaching position that does not have an element of religious curriculum can possibly be hired).

In summary, a teaching position at a religious private school has options and it is important to know what some of those options may be.

US Immigration Guide for a Venezuela Spouse

Fri, 01 Dec 2023 19:02:44 GMT

This guide is for the US Citizen that is trying to fully understand what are the immigration options/processes. If you have a Venezuelan Spouse or Fiance, this Guide will cover the most common topics and questions.

What are the Immigrant Options:

There are two common immigration options:

Adjustment of Status since in the US after entering with a tourist visa, student visa, or Venezuelan Parole, and
The CR-1/IR-1 Spousal (Immigrant) Visa since abroad

For Adjustment of Status, USCIS will require the Venezuelan Spouse to have "status" within the United States and be otherwise eligible to immigration.

For a marriage to be recognized within the US and Abroad, USCIS will heavily review relationship proof. A breakdown on how to prove a relationship to meet Immigration Standards can be seen here: 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/

Additionally, for any immigration process, the US Government will require proof of Financial Stability. In a nutshell, the US Government needs to review the past 3 years of income, and confirm the past and current income is over the Federal Poverty Level Guideline (link to the guideline found here: https://www.uscis.gov/i-864p ). The Government will normally require:

IRS Tax Return Transcripts for the past 3 years (Guidance found here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
1040 Tax Return Form for the past 3 years
W-2 and/or 1099 for the most recent year
12 months of Paystubs or proofs of income

Since everyone’s income situation may be different, the following links do a much deeper dive into needed financial documents:

Self-Employment: https://www.fickeymartinezlaw.com/immigration/i-864-self-employment-and-business-ownership
VA Disability: https://www.fickeymartinezlaw.com/immigration/va-disability-and-us-immigration
I-864 Joint Sponsor: https://www.fickeymartinezlaw.com/immigration/i-864-affidavit-of-support-joint-sponsor-guidance
SSI/SSDI: https://www.fickeymartinezlaw.com/immigration/i-864-sponsorship-how-is-ssi-and-ssdi-assessed
Real Estate Asset: https://www.fickeymartinezlaw.com/immigration/i-864-using-real-estate-as-an-asset
Stock and Dividend Income: https://www.fickeymartinezlaw.com/immigration/i-864-using-dividends-and-stock-portfolio-as-an-asset

How do common Venezuelan Status affect US Immigration?

Visa types matter! For many Venezuelans, they normally entered the US with a B1/B2 tourist visa. However, some may have entered with an F-1 student visa, which may require some information regarding school attendance, or J1 exchange visa, which MUST DETERMINE whether the J1 Visa was restricted or not. (Restricted J1s require 2 years back in Venezuela in order to be eligible of immigration or a waiver would be required).

Venezuelans also may have received Venezuelan Parole to enter the United States and may have even received Venezuelan TPS or Temporary Protected Status, both of which create a file with USCIS that would need to be corroborated in any future USCIS Filing.

Documents, missing documents, and where to locate them?

The Venezuelan Passport has been a longstanding issue as it expired for many, was virtually unavailable for Venezuelan Citizens that are outside of Venezuela for many years, and may have received special extensions. For Venezuelan passport holders living in the United States, the new passport would need to be requested through Servicio Autónomo Integrado de Migración y Extranjería (SAIME) online portal, and, since all foreign offices of Venezuela in the US are currently closed, Embassy of Venezuela in Mexico would be the nearest location to receive assistance.

The Venezuelan Birth Certificate would be required for any US Immigration Option. More information can be seen here: https://www.fickeymartinezlaw.com/venezuelan-birth-certificate-for-us-immigration-purposes

A Venezuelan Divorce Decree (Sentencia de Divorcio) MUST be issued from the Civil Tribunal of the Court of First Instance (Juzgado de la Primera Instancia en lo Civil). It must contain the stamp and signature of the Court and Judge that issued divorce decree. A copy of the decree can ONLY BE ACQUIRED from the court that performed the divorce. So, the exact court would need to be contacted directly for assistance.

What other Documents might be needed?

A more expansive list of documents can be seen here: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends

If you need assistance with an immigration process, you can contact our office to set up a Consult with the Immigration Attorney.

Venezuelan Birth Certificate for US Immigration Purposes

Fri, 01 Dec 2023 16:36:47 GMT

NOTE: OUR OFFICE DOES NOT ASSIST IN ACQUIRING FOREIGN BIRTH CERTIFICATES. This is written to provide helpful information on how to acquire it.

The Venezuelan Birth Certificate is called a " Partida de Nacimiento" from the Civil Registry (Registro Civil) of the municipality or rural area in which the birth occurred or the National Electoral Council (Consejo Nacional Electoral – CNE). Meaning, you would have to contact that local government office to inquire about acquiring such records.

Venezuelan Birth certificates have no security features and are a copy of the book where registered. Each copy must have a note stating “es copia fiel del original” either stamped or as part of the standard wording toward the end of the document.

The Birth Certificate is normally notarized by SAREN (Servicio Autónomo de Registros y Notarías, making the copy of the Birth Record Book more official and able to be recognized internationally as being a true copy of the birth certificate.

Alternatively, if birth certificate is unavailable, Venezuelans and foreign nationals residing in Venezuela may apply for Datos Filiatorios with Servicio Administrativo Identificacion Migracion y Extranjeria (SAIME). A Dato Filiatorio is a certified document signed by the Director of Central File Fingerprinting and SAIME that contains and verifies identifying information.

Does DACA Receive an Automatic 180-day Extension when renewing?

Mon, 20 Nov 2023 17:04:05 GMT

This is a common question for many DACA Renewal Applicants due to the language found an an I-765 Receipt Notice: Does DACA Renewal grant a 180-day Extension? OR, Does the I-765 Receipt Notice for DACA give the ability to work for 6 months?

To begin, lets see the wording that is causing a lot of confusion:

You are eligible for an automatic extension of your employment authorization and/or EAD if: (1) You have timely filed to renew your current employment authorization and/or EAD, (2) Your EAD renewal request is under a category that is eligible for an automatic extension . . . . . . .

USCIS has the following list for eligible categories: https://www.uscis.gov/eadautoextend

DACA, or category C33, is not present on the Automatic Extension EAD List, and as such, does not receive an automatic extension. The USCIS Receipt Notice creates some misunderstanding, giving rise to this common question/inquiry. In short, DACA needs to be filed 150 to 60 days before expiration, as to avoid any disruption of employment and driving.

Estate Planning and Section 453 Deferred Sales Trust (DST)

Tue, 31 Oct 2023 17:39:51 GMT

A Deferred Sales Trust is a legal framework to defer the payment of capital gains taxes created from the sale of property. This type of trust does not eliminate the tax liability. Rather, the DST is an alternative to 1031 like-kind exchange, where one income-producing property is exchanged for another. The deferred sales trust is different from a 1031 exchange in that it allows a “withdrawal of capital gains/profit” over a period of time and DOES NOT force the funds of a property sale to go back into another property.

In essence:

1031 keeps your assets tied up in property, and
453 Deferred Sales Trust has the capital gains/profit paid out over time/deferred over time

A Deferred Sales Trust is a form of “installment sale,” where the property owner sets up the installments however best meets their needs. A Deferred Sales Trust can fund an estate, allowing wealth liquidity, while being conscientious of tax obligations.

What are Capital Gains Taxes?

Capital Gains in any investment is the difference between the cost of a property and the amount the property is sold for.

For instance, if you bought a rental property for $100,000, you held it for 10 years, and then sold the property for $300,000, the capital gains would be $200,000. Now, making a profit is great, but taxes would need to be paid. Taxes might consist of:

Capital Gains of 20%,
Medicare Tax of 3.5%
State Income Tax of 4.5%

28% of $200,000 equals a possible tax liability of $56,000.

What does the Deferred Sales Trust Process look like?

A Deferred Sales Trust arrangement is described in IRC 453. The process of using a Deferred Sales Trust begins with a property owner transferring an asset to a trust that is managed by a third party on the property owner’s behalf (third-party cannot be the original owner, nor a family member). The third party, let's call them the trustee, sells the asset agrees to pay you from the proceeds (or interest from the proceeds) over multiple future installments.

On the day of the sale, the original property owner would not receive any payment, there is no income produced, there is no capital gains incurred. Instead, the trust holds the wealth, and the trustee would pay installments previously agreed upon.

Why use a Deferred Sales Trust?

The Original Owner would not be profiting immediately from the sale made with a Deferred Sales Trust. Then, why does it exist? Why would people ever use it? Why would paying taxes in the future be better than paying taxes in the present?

The Deferred Sales Trust can effectively use “pre-tax” money to invest in other assets, such as stocks, bonds, mutual funds, ETFs, and real estate. The income generated from pre-tax money would be higher than from post-tax money. Essentially, the trust can be used as an alternative wealth generator that can lessen or defer the tax burden today by spreading the capital gains over an extended period of time.

For instance, if you bought a rental property for $100,000 and sold the property for $300,000. The capital gains would be $200,000 and a possible tax liability would be $56,000. If the Trust was created to:

Pay out $30k each year until depleted
Invest the trust funds into one stock (and that stock does very well)

The trust fund could continue for 10 years. If the Stock doubles in price, the fund can continue for 20 years. If the stock triples in price, the fund can live for 30 years.

A Deferred Sales Trust is an Estate Option that can liquidate previously-tied-up assets, making it possible to access wealth and defer taxes now to generate a larger income stream over a desired period of time.

Visit our Estate Planning Webpage for more information: https://www.fickeymartinezlaw.com/estates

Estate Planning and Rollover Business Startup (ROBS)

Tue, 24 Oct 2023 12:56:07 GMT

Imagine this! You have had a successful career, every year you contributed to a retirement account, and throughout your life, you aim for retirement. However, there’s usually one item in your bucket list that you always wanted to do. It is that one thing that brings you so much joy, you do not see it as a job, rather it is a passion. You are financially stable, debt has been absent from your lifestyle for sometime, but you really want to start a personal business.

A roll over business start up, utilizes a qualified retirement account or solo 401(k), to use the assets of that account to start up a business 100% owned by the retiree. This C corporation has a very special format, is very detail oriented, and usually needs the assistance of an attorney and tax preparer. There is one additional reoccurring factory: unfortunately, the business could not receive normal funding or lines of credit. Thus, an alternative is needed.

The qualified retirement account would be converted into a new format of a retirement account that owns stock in a personal start up business.

The business requires the retiree to work for the corporation, taxes may be double, but the retiree takes home a salary from the business, and the retirement account may profit, if the business profits. This special retirement conversion would not be considered a withdrawal, and would not need to be taxed as such. It is a way to receive funding for a business a retiree strongly desires, but alternative methods of funding were not available.

So, what kind of businesses are possible?

The sky's the limit. What ever you are passionate about, as long as you have a business plan, proper set up, and proper monitoring, a lifelong dream can come to life. What are examples of some lifelong dreams:

A Farm or Plant Nursery. You love the outdoors and nature, and after a long time working indoors, you want to be your own boss outside of a cubicle, small office, and fluorescent light bulbs. A farm needs land, livestock are expensive, and marketing, branding, and distribution is vital. Similarly, a plant nursery may need land, hoop houses, and greenhouses. The plants may be propagated, planted by seed, or starts were purchased from another nursery to be nurtured by your business.
A food truck. Do you love cooking? Do you love festivals? Is there one item that you feel like you are the best at making? It could be tacos, it could be sandwiches, it could be coffee or desserts, it could be donuts or churros. A food truck may be a lucrative business that returns the initial investment, and provides a profit, as well as the start to a passionate endeavor.
Fishing boat. You may love being out on the water, seeing the sun rise, the smell of the ocean breeze, working with your hands. Collecting crab pots, collecting shrimp parts, collecting gnats, casting a fishing line, chartering a boat out into deeper waters. a fishing boat can be a pricey investment, but if you are passionate about the sea, you may do what you love, build up a nice tan, and sell the bounty of the sea.
Massage therapy. If you are licensed as a therapist, the essential oils, the calming music, and the therapeutic effects that you help create, might be a profitable passion. The business may have a brick and mortar location that is being rented or owned, you may need a website or advertising, or marketing, you may need specialty tables, towel, warming devices, and other industry tools. You may build up a clientele, while working on your schedule, and ideally turning a profit that pays you for your time and returns the investment back to the retirement account.

Again, the sky's the limit for the start of business that you are able to pursue. Again, if funding can be accomplished through more common means, then that should be pursued. ROBS can be more expensive, but it is an option when other sources of income are not available.

Visit our Estate Planning Webpage for more information: https://www.fickeymartinezlaw.com/estates

Estate Planning and using a Self-Directed IRA to Own Real Estate

Fri, 20 Oct 2023 16:30:05 GMT

Estate Planning is all about preparing for retirement, while making your wealth work for you. An IRA is a common term. You can see mention of it in most banks, in most stock portolio companies. However, every now and then, someone has the idea of what else can an IRA invest in.

Many very successful individuals have made their wealth in real estate. Many even withdraw from their IRA or other retirement accounts to help purchase a house, to make a down payment, and to even acquire rental properties.

This Post will dive into the topic of IRAs purchasing income producing investment property. This IRA can be called:

Self-directed IRA
Real Estate IRA
SDIRA

What can an IRA buy?

An IRA can own a wide range of property types in a real estate IRA, such as:

land
single and multi-family homes
commercial properties and more

However, an IRA must be an investment. It cannot be owner of personal homes, it must make an income and the income goes back to the IRA. You cannot use the Real Estate IRA to finance you home, period.

What are the Benefits of a Self-Directed IRA investing in real estate?

Diversification and solid-asset holding. The Stock Market can rise and fall. CDs and interest Rates can increase and decrease. A Regular IRA invests in items that cannot be touched, that cannot be directly affected. If the market falls, it is related to the overall economy, which is outside of your control. A Self-Directed IRA lets you invest in more tangible items, such as:

Real Estate
Gold and Silver Bars
LLCs or Corporations
Small Businesses and Start-ups

Each of the above examples can have a brick-and-mortar address, can collect dust, and can possibly have the potential of earning a profit.

How would a SDIRA in a Rental Property compare to an IRA investing in Stocks or ETFs?

For the comparison, lets say the IRA Valuation is $200,000, and we will round numbers and percentages.

A regular IRA can invest the $200k into one ETF [insert preference here] at an annual return of %5. 5% of $200k equals $10,000. The $10k would be the profit from the investment. The ETF Value could have increased and it could have decreased. Markets tend to trend up or down.

A SDIRA in real estate can buy 1 rental property for $200,000, no loan needed, 100% cash purchase. The property is very desirable, many amenities nearby, move-in ready, and the comparables estimate a monthly rent of $2,000. Like any Real Estate investment, you have to consider the rental income against the normal expenses, such as:

taxes
insurance payments
hoa fees
property manager fees
repairs and maintenance

After deducting all of the expenses, lets say the monthly profit is $1500. In one year, the Rental could generate an income of $18,000. Additionally, the $200,000 valuation of the property could increase to $220,000 or $240,000. $240,000 plus $18,000 could mean an SDIRA Valuation of $258,000 in just 1 year.

A Regular IRA can be capped at growing, whereas a Self-Directed IRA can help realize greater wealth. Again, many very successful individuals have made their wealth in real estate. Converting an IRA to an SDIRA may be an ideal option in your Estate Plan.

Visit our Estate Planning Webpage for more information: https://www.fickeymartinezlaw.com/estates

Bankruptcy and Credit Reporting Errors

Fri, 20 Oct 2023 13:09:42 GMT

Credit Reports, such as those from Transunion, Equifax, and Experian, greatly affect one's finances, credit, and life. But, it is often overlooked, could the credit reports have errors? This post will cover this topic, especially when contemplating Bankruptcy.

First, it is possible to have errors in any system, especially credit reports. According to the Federal Trade Commission, one in five people have an error on at least one of their credit reports. However, the key is understanding "what is an error?" and "how do you fix it?"

What is a Credit Reporting Error?

Credit report errors can include:

the wrong name or address on an account
an incorrect date you made a payment
accounts with the wrong balances
mixed credit files and identity theft accounts
being mistakenly reported dead (common for family members with similar names)

How do you Dispute an Error at a Credit Reporting Agency?

There are a few ways in which to dispute an error:

Mail:
Equifax:
Equifax Information Services LLC
P.O. Box 740256
Atlanta, GA 30348
Experian
P.O. Box 4500
Allen, TX 75013
TransUnion LLC Consumer Dispute Center
P.O. Box 2000
Chester, PA 19016
Phone:
Experian (888) 397-3742
Transunion (800) 916-8800
Equifax (866) 349-5191
Online Resources can be found here:
More information about Equifax’s dispute process can be seen here: https://www.equifax.com/personal/help/credit-report-dispute-process/
More information about Experian’s dispute process can be seen here: https://www.experian.com/blogs/ask-experian/credit-education/faqs/instructions-for-disputing-by-mail/ and disputes can also be uploaded here: https://www.experian.com/consumer/upload/
More information about Transunion’s dispute process by mail can be seen here: https://www.transunion.com/credit-disputes/dispute-your-credit/mail-or-phone

What to say?

Any mailed or uploaded request should ask the credit bureau agency to remove or correct the inaccurate or incomplete information in their report. Include the following:

your complete name and address
each mistake that you want fixed, and why
copies (not originals) of documents that support your request
a copy of your report (circle the mistakes you want fixed),

Why is it important for Bankruptcy?

Bankruptcy is an/one option is a few possible solutions to improving someone's financial situation.

If a consolidated loan can reduce interest rates and make payments more manageable, the credit report could directly affect eligibility for the loan and the interest rate.

Similarly, if one item is needed to be purchased on credit, and that item has an income producing potential to improve your financial situation, the credit report could be holding you back from more income. What could that one item be?

Power Tools for a Construction Business
Cement Equipment for a driveway business
Dump truck for a landscaping or construction job
Power Washer for a Power Washing Business
Trailer for a Detailing Car Company
Trailer for a Trash Pick-up Service
Vehicle for Food Delivery or Passenger Transportation
Computer for Remote Working Opportunities
Vending Machine for a stand alone company or as an added source of revenue for a business
Points/Rewards Credit Card to receive a percentage discount or small discount
Kennels for a Pet Boarding company
Sewing Equipment for hemming or upholstery services

The Sky is the Limit!

In Bankruptcy, the Credit Report creates the "targets" in which you would be seeking bankruptcy relief. The amount of debt may affect the monthly payments. Thus, you would desire a credit report that is as accurate as possible.

If I are considering Bankruptcy, who should I speak with a Bankruptcy Attorney.

Estate Planning for the Family Land: Generational Wealth

Tue, 10 Oct 2023 15:38:43 GMT

Family Land is a common term for property that was purchased decades ago by a Parent, Grandparent, Great Grandparent, Uncle, or Aunt. The land generally serves three purposes:

Housing (one or multiple) for the family members
Agricultural, such as farming, timbering, animal husbandry, or orchard/vineyard
Family Cemetery (common for really old landholding families)

Family Land is usually held in a trust, generation skipping trust, or family business. However, old methods of estate planning may be outdated or not a good fit for Family Land due to two important realities:

Land and Building Values have drastically increased (Asset)
Medical Bills and Nursing Home Expenses have drastically increased (Risk/Liability to Asset)

What should you Consider if the aged family member is about to pass?

The Amount of Wealth/the value of the family land should be evaluated/appraised when considering Estate Planning and forecasting risks and liabilities.

For starters, a vacant land that does not have family homes would normally cost less than a land that has 1, 2, or 3 family homes. Similarly, a family land that is "incorporated" into a family business and comprised of many parcels of land may have a value that is a lot higher than one parcel of land. Knowing what to value and how much the value is should be the starting point in any "family land" conversation.

Second, risks and liabilities should be considered. A healthy family member may see their risks and liabilities at the present time. Medical Bills may be relatively low, doctors visits are annually performed, and they reside on the family land. However, it only takes one fall, one car accident, one illness to drastically increase:

medical bills
doctors visits
at-home nurse costs
physical therapy bills
nursing home costs

If someone's financial liquidity and insurance cannot cover the costs of the end-of-life expenses, the "Family Land" can be at risk.

Third, taxes should be considered, but taxes may not take priority over a wealth's risks and liabilities. For instance, end-of-life associated taxes may be called an "estate tax" or "gift tax" or "inheritance tax." However, taxes mainly come up if income occurs. In the focus of "family land," income can occur if the land is voluntarily or involuntarily sold. When land is sold, capital gains must be considered.

Capital Gains Discussion: Step up Basis or Sidestep?

Stepping up or Sidestepping sounds similar, but in the context of family land, it can mean the difference of hundreds of thousands of dollars, if not more.

The term "Step Up" in a Capital Gains process means the value of the land would "Step Up" at time of Passing. The new value would essentially be the "purchase price" in which a land sale would calculate the capital gains/losses from a later sale.

Stepping up "sounds" like a good thing. It sounds like "tax avoiding," but in reality, the family land may be at risk for "prior to death" expenses and liabilities.

The term "Sidestepping" in a Capital Gains process means the value would sidestep the step up valuation at time of death. You keep the old valuation, but accept less risks and liabilities.

Example: Grandpa Tom Bought 100 Acres of land in 1950 for $100,000. Grandpa Tom passes in 2023 and the land has an estimated value of $2 Million.

If the estate planning sought to focus on pursuing a "Step Up in Value" approach, the goal of the Estate Planning would be to avoid a Capital Gains of $1.9 Million. If it is the family plan to sell the Family Land after Grandpa Tom's passing, the $1.9 million in tax avoidance may be better than Sidestepping the tax valuation adjustment.

If the estate planning sought to pursue a "Sidestepping Value Adjustment" approach, the goal may be to limit liability. If the family has a history of medical issues, heart attacks or other life altering conditions. It can be imagined that a Parent or Grandparents' end-of-life medical expenses could exceed $2 million, it may be more advantageous to separate the "Family Land" from the family member in a stand-alone, irrevocable trust while alive and healthy (in preparation of the time when health declines and death is imminent). In this scenario, you would be aim to "retain" the family land since it would benefit the family, versus selling and benefiting the hospital, nursing home, and debt collectors.

How do you start the preparation?

Planning!!! An Estate Plan is the best way to start the conversation. It is more than JUST talking about it. It is the way to start to take action, to legally take action in a way to preserve your interests and your wealth for the future.

If you have estate planning questions, please visit more of our website at: Estate Planning, Probate, and Trusts

Bankruptcy and Immigration: Helpful things to know

Thu, 28 Sep 2023 16:44:15 GMT

How Bankruptcy Affects Immigration and Naturalization!

Bankruptcy can be a very confusing process, much like Immigration. The most common questions are:

Do I Have To Be a U.S. Citizen To File Bankruptcy?
Will Bankruptcy Affect My Immigration Status?
Can an Undocumented Immigrant File for Bankruptcy?
Can Bankruptcy Affect My Citizenship Application?

In general, a Bankruptcy Filing would not affect an Immigration Filing.

Bankruptcy is available for US Citizens and Non-US Citizens (such as Lawful Permanent Residents, DACA Holders, TPS Holders, and even Undocumented Immigrants). To file for Bankruptcy, you must be completely truthful. The information provided in the filing must be accurate, and your Social Security Number or ITIN must be accurate and yours.

So, anyone with a legal, government-issued social security card or ITIN can file for Bankruptcy.

When can Bankruptcy affect an Immigration filing, like Adjustment of Status or Naturalization?

The fact of filing a bankruptcy would not affect an immigration filing; however, fraud, perjury, and misrepresentation may disqualify an immigrant for an immigration benefit on misrepresentation grounds or bad moral character grounds. Here are some possible scenarios where Incorrect Bankruptcy Actions can damage an Immigration Filing:

A Bankruptcy Filer immediately runs up a credit card with the complete intention of filing Chapter 7 Bankruptcy to discharge the New Debt. The Bankruptcy may be denied under this scenario and the Filer may be deemed to have Poor Moral Character, which can deny a naturalization filing or prevent a Green Card in an Adjustment of Status filing.
A Bankruptcy Filer used a fake, stolen, or fraudulently acquired Social Security Card/Number. This act would be a form of perjury, that can deny a naturalization filing or prevent a Green Card in an Adjustment of Status filing. [Note: just because a Social Security Card is real doesn't mean it was acquired legally. Using false documents or a fraudulent Immigration Filing can be just as bad as the Social Security Card being fake or stolen.
A Bankruptcy Filer is undocumented and using multiple Socials, ITINs, and other IRS numbers to falsify 1099 filings and misrepresent taxable income in a tax return filing. This perjury regarding income would invalidate any Bankruptcy Filing and can deny a naturalization filing or prevent a Green Card in an Adjustment of Status filing.

If I have a Concern, who should I speak with: an Immigration Attorney or Bankruptcy Attorney?

When in doubt, it would be best to speak with both types of attorneys. Alternatively, our office handles both Immigration and Bankruptcy . So, we would be a "one-stop-shop" and determining your rights and assessing your risks.

204(c) Marriage Fraud Bar - How Easy can you be Permanently Barred from US Immigration?

Thu, 28 Sep 2023 13:48:50 GMT

Fake until Proven Real

Marriage Fraud is a very real issue affecting immigration to the United States. What some do not realize is how easy marriage fraud can be found by the Government, meaning the fraud would be charged against the immigrant and/or the qualifying spouse.

For marriage-based green card processing, the Government presumes all marriages are fraudulent. Each and every applicant must prove to the Government that a marriage is real.

It is true that some relationships are brief before marriage and that many newlyweds begin the Green Card process days, weeks, or months after a wedding. Young relationships are at a disadvantage to older ones. Young spouses have fewer joint bills, probably did not file a joint tax return yet, and do not have a family. However, this is an obstacle that applies to all marriage-based green card filings whether young relationship or old.

Proving a relationship is real can be simple or very difficult. A couple must be able to provide evidence that they lived together or a pretty good reason on why they are separated. If bank accounts are separated, the Government will want to hear how bills are paid. This may be obvious, but it is often overlooked, the spouses have to know the “who, what, when, where, and how” for every basic aspect of a relationship. Examples being:

who is your spouse? can you spell the name?
what does her or she do for a living?
when did you first meet, become engaged, and marry?
where did you first meet, become engaged, and marry?
how is the relationship going?

To the government, this is really the most involved they will be in a couple’s life and the couple is responsible to know the answers to basic relationship questions. (See relevant post here for I-130).

Finding Marriage Fraud is not pleasant when a relationship is real, but it benefits the public when the marriage is fake. “Circumventing immigration law” is a crime. Fraud is a crime. If immigrants commit this kind of fraud, they are forever damaged by the crime and can be made permanently unable to re-enter the U.S., permanently unable to receive a green card, and permanently unable to ever become a U.S. Citizen.

Immigrating to the US for Russian Citizens: Where to Interview?

Wed, 20 Sep 2023 12:32:03 GMT

This post will discuss the many options an Immigrant Applicant to the US (usually the Spouse, Child, or Parent of a US Citizen) has available for Immigrant Visa Processing, for visas such as the IR-1, IR-2, IR-5, CR-1,CR-2, K1, and K-2.

US Immigrant Visa services have been suspended in Moscow for many years now. Initially, the U.S. Department of State designated the U.S. Embassy in Warsaw as the immigrant visa processing post for nationals and residents of Russia.

Due to a desire to speed up processing times and lower the workload on the US Embassy in Warsaw, the Department of State added two additional Processing Posts for Russian Citizens/Nationals on February 16, 2023:

U.S. Embassy Tashkent in Uzbekistan as a processing post for Russian IR-5 (parent of a U.S. citizen) immigrant visa applicants.
U.S. Consulate General Almaty in Kazakhstan as a processing post for Russian IR-5 (parent of a U.S. citizen) immigrant visa applicants.

These three options are the general locations for an interview to occur. Each location has their own interview requirements, such as:

Warsaw: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/WRW-Warsaw.html

Tashkent: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/THT-Tashkent.html

Almaty: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/ATA-Almaty.html

Common Question: Can I change my Visa Interview Location?

Depends on the Stage of the filing. There are 2 main stages.

Stage 1: At the NVC and the filing HAS NOT YET BEEN Documentarily Qualified.

Complete the request on the NVC's "ASK NVC" online contact form. The request normally processes within a few weeks.

Stage 2: AFTER the filing has been Documentarily Qualified.

The Immigrant Visa Applicant MUST Email BOTH Immigrant Visa Email Addresses, located in the above interview requirement links for the three common options. The location for the file to be transferred to MUST ACCEPT prior to the First Location to be able to sent the file. A waiver or release in the event of file loss, damage, or delay can be provided to place the applicant on notice that the transfer does have risks.

PLEASE NOTE: The ONLINE NVC STATUS: "AT THE NVC" does not mean you can avoid emailing the embassies/consulates directly. The "Documentarily Qualified" notice means the file HAS LEFT the NVC and the " AT THE NVC" notice is outdated. The status after "AT THE NVC" is usually: "Interview is ready" or "Interview Scheduled"

Common Question: Can I attend the Interview at another Embassy or Consulate?

Possibly. If you have a visa and a residence in another country, that usually satisfies the presence requirement to allow someone to be interviewed at another Immigrant Division in another country.

If you have any concerns, you should speak with an I mmigration Attorney. Y y ou may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066 or reach us through our contact page.

IMMVI: Written Explanations to Accompany the Filing or Respond to an RFE

Mon, 06 Feb 2023 15:44:00 GMT

IMMVI is a military-based parole filing that is automatically expedited and automatically placed before a USCIS Supervisor. The IMMVI filing two basic USCIS forms: (1) I-131 and (2) I-134.

However, these two forms DO NOT CONTAIN a considerable amount of information. For Starters, the two eligibility criteria are not present in the I-131 or I-134 forms:

Additionally, as this post will discuss, there are explanations that are commonly requested or required to assist the USCIS Supervisor in adjudicating the IMMVI Filing. Here is a brief list of some items that a USCIS Officer may need further explanation regarding:

How to Format such explanations:

Such explanations should be:

The post IMMVI: Written Explanations to Accompany the Filing or Respond to an RFE appeared first on Fickey Martinez Law Firm .

Hong Kong Birth Certificate for US Immigration Purposes

Fri, 27 Jan 2023 18:22:00 GMT

The Hong Kong Birth Certificate is titled by two names, depending on the year of birth:

Birth certificates are available for any person who was born in Hong Kong since 1873, with an exception of births between 1941 and 1945 during the Japanese occupation of Hong Kong.

A copy of the Birth Certificate can be acquired here: https://www.immd.gov.hk/eng/services/birth-death/Application_for_Search_of_Birth_Records_and_Certified_Copy_of_Birth_Entry.html#secondTab

Should I do Form BDR40 or Certify with BDR87?

A certified copy is always better. So, Form BDR87 is a better choice and avoids any issues in the future.

Should I get an Apostille?

Generally, an Apostille is not needed for Immigration Purposes. It is, however, a common requirement for Military Purposes. More information here:

NOTE: OUR OFFICE DOES NOT ASSIST IN ACQUIRING FOREIGN BIRTH CERTIFICATES.

The post Hong Kong Birth Certificate for US Immigration Purposes appeared first on Fickey Martinez Law Firm .

Adjustment of Status in 2023: Changes to the Process and Expected Fee Increases

Tue, 24 Jan 2023 15:06:00 GMT

The Future is Changing for Immigration to the United States, specifically the Adjustment of Status Green Card filing.

In 2023, USCIS is attempting to push more applicants into their Online Filing system. By filing online, Applicants will receive a “reduced filing fee” since it reduces the administrative costs to USCIS. However, to cover the costs associated with beginning the transition to a fully electronic agency, USCIS will need more MONEY.

In January 2023, USCIS Announced a Filing Fee increase that is DRASTICALLY HIGHER than what the agency has increased in the past. Additionally, USCIS will transition away from “free, but slow, additional filing” to an “a-la-carte / pay to play” format. Slow free filings will be discontinued, and future filings after the Fee Increase is implemented will mean applicants will have to pay in order to play, meaning they will have to pay for every service they are requesting.

Summary of the Fee Change:

Current Cost Structure:

I-130, I-485, Free I-765, and Free I-131 equal a cost of $1760.

Expected Cost Structure:

Online I-130 and I-485 equal a cost of $2250.

Online I-130, I-485, and I-131 equal a cost of $2880.

Online I-130, I-485, and I-765 equal a cost of $2900. [I-765 Refilings may mean an additional fee of $750 1.5 to 2 years into the AOS Process]

Online I-130, I-485, I-765, and I-131 equal a cost of $3530.

*Note: the changes are not yet final and USCIS can adjust the fees slightly up or down at any time. In January 2023, USCIS has already made one amendment, and more amendments may follow.

How is this Increase going to Change the Process?

Now, not all change is a “bad thing.” With the I-130 being filed electronically in order for an Applicant to receive a “lower filing fee,” the Applicant is:

However, it must be noted, USCIS’s transition will initially double everyone’s work. Part of the filing would be done electronically, and then a later part would be done by paper.

Eventually, sometime in the future, the AOS Filing will go 100% electronic, completely reducing the administrative strain on the USCIS System, and effectively speeding up the US Immigration Process.

The post Adjustment of Status in 2023: Changes to the Process and Expected Fee Increases appeared first on Fickey Martinez Law Firm .

International Travel while I-130 Pending

Tue, 24 Jan 2023 14:31:00 GMT

This is a very common question for immigrants starting the Consular Processing. Consular Processing means that you are attempting to acquire an Immigrant Visa abroad at a US Embassy or US Consulate. Since Consular Processing is extremely slow and backlogged, many wish to know if they are able to travel to the United States while the I-130 is pending.

In short, the answer is “yes.” International Travel to the United States is possible, but there are conditions.

First Condition: You must have a visa to travel

A Visa and Visa Waiver must be applied for and approved in order to travel to the US while the I-130 is pending. A Pending I-130, by itself, is NOT a travel document.

Second Condition: You must honor the authorized period of stay

A Visa and Visa Waiver has a maximum number of days in which someone is “authorized” to stay in the US. Similarly, a Visa and Visa Waiver has a minimum amount of time one MUST WAIT ABROAD after visiting the US.

For example, an ESTA/Visa Waiver stay is authorized up to 90 days in the US. If the person stays in the US for 90 days, the must leave the US for a minimum of 91 days. People get into trouble when they stay 90 days, leave for 30 days, and then try to come back to the US for another 90 days.

Third Condition: Return Plane Ticket and Game Plan

If visiting the US, most people generally have a game plan. They know the travel dates to and from the United States. When a plane ticket is purchased, a return plane ticket is also usually purchased. That is the common practice for anyone “visiting” the US, and it is something Customs / CBP looks for when someone travels to the US while the I-130 is pending.

To summarize, travel to the US is possible while the I-130 is pending. If you follow the above three normal conditions, any temporary visits to the US should be smooth and stress-free.

IMMVI Topic: Can I expedite my IMMVI Case?

Mon, 23 Jan 2023 17:57:00 GMT

Yes and No, but it doesn’t matter. To the very common question of:

IMMVI is automatically expedited. IMMVI can have an “expedite request” made, and USCIS may accept or deny the request, but the fact of the matter is that the filing type is placed in an expedite track at the very first second it is received. So, whether you do nothing, or have an approved expedite request, or have a denied expedite request, the filing is still expedited.

It does help to state two important facts:

First, USCIS handles primarily Civilian Filings. So, if you contact the USCIS Help Center, they may say that the case is eligible for expediting. That is true, and the USCIS Humanitarian Division in DC will likely notify you that your case is “expedited.” From the Government’s perspective, every IMMVI case is immediately processed and assigned within days to a USCIS Officer. The assignment occurs lightning-fast compared to civilian filings (which number hundreds of thousands and can take a year or more to process).

Second, every IMMVI Case is expedited and your case will process roughly in the order it was received. IMMVI Cases have a requirement of being military-based, which automatically supersedes civilian filing options.

To summarize, it is not possible to expedite an expedited military-based filing . USCIS will review and process the filing as soon as possible, and they will notify you if they require anything or if the filing is approved and sent to the requested Embassy/Consulate.

USCIS Memorandum: This USCIS IMMVI Policy states Expedited and Supervisor Review

IMMVI Topic: Can I Acquire a Social Security Card with the IMMVI Document?

Mon, 23 Jan 2023 17:40:00 GMT

IMMVI is a Military-based Humanitarian Parole program. Once you enter the United States, you are a Parolee. As a Parolee, you are then eligible for a Social Security Card.

Parolees are generally provided an Electronic I-94, available at: https://i94.cbp.dhs.gov/I94/#/recent-search

[Note: Some SSA Offices request a card version of the I-94, but that is either an extra fee you have to pay at the time of entry or the common practice by CBP is to provide the electronic version on the CBP Website. CBP transitioned to electronic records over card records in 2013.]

The relevant SSA Policies are as follows:

RM 10211.190 – Evidence of Parolee Status for an SSN Card – states:

A. Definition of parolee
A parolee is an alien who is allowed to enter the U.S. under emergency conditions or for purposes of the public interest. For a full definition of parolee, see RM 10211.001B.32.

B. Evidence requirements
Certain parolees applying for an original SSN may submit only one document to prove age, identity, and immigration status for an SSN card. For information on the exception to providing two documents when a parolee submits only one, see RM 10210.020.

C. Employment authorization
Not all parolees have employment authorization. A parolee’s employment authorization depends on the evidence of parolee status submitted.

RM 10211.195 – Evidence of Parolee Status When an Alien Submits Form I-94 or Unexpired Foreign Passport – states:

Form I-94 with a parole stamp in the upper right corner is evidence of parolee immigration status. If the parolee does not have a Form I-94, then a parole stamp in the unexpired foreign passport is sufficient evidence of parole status.

Generally, the stamp shows:

An I-94 or unexpired foreign passport with a parole stamp may show a handwritten departure number when Customs and Border Protection (CBP) electronically assigns the alien an I-94 number in their system.

If the parolee shows an I-94, the handwritten departure number supersedes the preprinted number. The preprinted number may or may not be crossed out.

RM 10211.135 – Evidence of Non-immigrant Status for a Social Security Number (SSN) Card – states:

A. Evidence for lawfully admitted non-immigrants
Each alien lawfully admitted as a non-immigrant should have an unexpired immigration document and an unexpired foreign passport as evidence of his or her status. The data shown on the immigration document and foreign passport should agree. Compare pictures appearing on visas and passports against the applicant for in-person interviews. In some cases, the alien may have a current immigration document, but may not have a foreign passport (e.g., asylees, refugees, parolees, victims of severe forms of trafficking, or certain Canadian citizens). In these situations, accept the unexpired immigration document alone. In other situations, the alien may only have an unexpired foreign passport with an admission stamp.

How to apply for a Social Security Card?

Our office has the following guidance on how to apply for a Social Security Card:

How can I change my name (based on marriage) on the Social Security Card?

Generally, only the last name can change based on marriage. Some countries have a common practice of changing the middle name, but that is not possible in the US without a court order. The SSA may not allow a last name change based on marriage and may defer to USCIS to make such changes in their system before SSA feels comfortable updating it in the SSA System.

More guidance on immigrant name change can be seen here:

If you have any concerns, you should speak with a local Immigration Attorney, or you may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066, email at attorney@fickeymartinezlaw.com, or complete our Contact Us Form on our website.

I-765 Receipt Notice: Who is Eligible for an Automatic Extension?

Tue, 10 Jan 2023 17:15:00 GMT

Many receive the I-765 Receipt Notice in an Adjustment of Status filing, and upon reviewing the receipt notice, they have two questions:

No, this matter ONLY APPLIES to someone who ALREADY had an EAD Card. We will address both questions:

First, is the pending I-765 a Renewal?

A renewal filing means you have an EAD Card and you are 100% applying for an extension of that SAME STATUS. For instance, a DACA EAD (C 33) is applying for another DACA EAD (C 33).

A renewal DOES NOT OCCUR when someone is filing for a Green Card EAD (C 09) when their prior EAD Card was for DACA (C 33).

For renewal to occur, the categories MUST MATCH.

Second, I-765 Automatic Extension Categories:

The Following Categories automatically extend when renewal occurs:

Formatting for Letters provided by your Doctor or Therapist for Immigration Waiver Purposes

Wed, 07 Dec 2022 17:27:00 GMT

This Blog Post will provide some templates for a Doctor Office’s Staff or the VA. In immigration filing that has some basis on Medical issues, Psychological issues, or Disability reasons, it is common practice to have such items evidenced/supported by medical records and a Support Letter from the Doctor/Doctor’s Office.

The Doctor’s Letter must generally meet the following criteria:

To help navigate, the templates are broken into the following situations:

N-648, Medical Certification for Disability Exceptions

To Whom It May Concern:

_________ was evaluated by me on _________, 2022 and was diagnosed with Intellectual Disability – Moderate (DSM-5 318.0). As a result of this diagnosis, _________ has a lifelong inability to learn how to read and write and has impairment in all areas of cognitive functioning. Cognitive testing given as part of the evaluation indicated very poor spatial visual ability, motor skills, and neurological functioning. _________ also has an IQ in the very poor range. At this level of cognitive functioning, _________ will not be able to learn English, remember facts, or recall historical information that is required to pass the English language exam and history exam. All tests confirm very compromised functioning across all levels.

Due to _________’s history of Intellectual Disability – Moderate he/she is unable to communicate or demonstrate understanding of the meaning of the Oath of Allegiance to the United States. He/She is capable of demonstrating loyalty to her family and would be able to exhibit loyalty to the United States. However, because of his/her inability to understand “abstract concepts,” due to his/her diagnosis’ listed above, he/she could not articulate what loyalty is or understand the Oath of Allegiance as read to him/her.

_________’s condition is lifelong and will not change to allow him/her to communicate or demonstrate understanding of the meaning of the Oath of Allegiance.

Should you have any questions, I can be reached directly at _________ or at _________.

Thank you,

Letter from Primary Care Physician to support Diagnosis or Medical Condition

J1 Waiver Wording:

I am the Primary Care Physician to ______________. My Patient is Diagnosed with:

My Patient has many medical issues (as seen above), but the most relevant to the immigration filing are (e.g. Depression, PTSD, Cancer). The Patient MUST receive constant and continuous medication and check-ups (from the Veteran Affairs Hospital).

Please note:

I-601A Waiver Wording:

I am the Primary Care Physician to ______________. My Patient is Diagnosed with:

Please note:

Letter from Primary Care Physician to support Expedite Request

I am the Primary Care Physician to ______________. My Patient is Diagnosed with:

Due to the medical and psychological permanent disabilities of our Patient, we find that it is in the best interest of our Patient to have the stress-inducing immigration filing of his/her Spouse be expedited.

Our Patient has permanent and debilitating medical conditions, and also suffers from major depression and PTSD. It is imperative that our Patient’s stress and anxiety is reduced, and expediting the immigration filing would meet our needs.

Additionally, due to the delicate nature of our patient’s medical conditions, any stress or anxiety reduction must be immediately pursued so as not to worsen his ____________________, other deteriorating parts of the body, and his psychological issues.

Please expedite the filing.

Respectfully,

The post Formatting for Letters provided by your Doctor or Therapist for Immigration Waiver Purposes appeared first on Fickey Martinez Law Firm .

IMMVI: What are Additional Favorable Discretionary Factors?

Thu, 01 Dec 2022 16:55:00 GMT

IMMVI ( Immigrant Military Members and Veterans Initiative ) is a “Military-based” Immigration Option for Current and Past Service Members in the US Armed Forces. The program can assist the Service Member (if they were deported or abandoned their own Green Card), or it can assist their Spouse and Child(ren) to expeditiously come to the US. In order to qualify for IMMVI, the following main items MUST be evidenced:

The last prong, “Additional Favorab le Discretionary Factors” will be explained here.

What does this Third Prong mean?

This prong is essentially a “catch-22,” a prong to please provide anything that a Service Member feels will help their filing. The “Meat and Potatoes” of the filing is in the Second Prong: Evidence of urgent humanitarian reasons or significant public benefit . The second prong establishes the reason the US Government should care and immediately act. The Third Prong can add “flavor” or “feeling” to the filing.

What are some examples of Additional Factors?

The sky is the limit, but here are some common items:

Essentially, this prong adds a “human touch” to paperwork and evidence. The “story” (the life story) helps the officer understand as they review the filing, as they weigh the “Meat and Potatoes” of the filing / the Second Prong: Evidence of urgent humanitarian reasons or significant public benefit .

What is Discretionary?

The entire IMMVI filing is Discretionary. A Service Member is NOT GUARANTEED to receive IMMVI for themselves or a Spouse/Child. The Third Prong allows for adding more weight to the Second Prong.

It is not a bad idea to be “open” about feelings, issues, and personal matters in the IMMVI filing. IMMVI is a military option that can “make magic happen.” It can expeditiously bring yourself or the Spouse/Child to the US when so many others are waiting years to come to the US.

If you have any immigration concerns or questions, you may contact our Immigration Office to set up a consultation.

IMMVI: I’m Confused, can my Spouse immediately become a US Citizen after receiving IMMVI?

Wed, 30 Nov 2022 18:36:00 GMT

This is an extremely common question with regard to IMMVI Inquires.

The reason for the question is the fact that the first part of the IMMVI Instructions are for Veteran’s that are seeking to receive IMMVI for themselves. A Service Member is Generally eligible to Naturalize as a US Citizen, due to their Honorable Military Service in a time of war.

A Spouse or Child is NOT eligible to Naturalize in the same way since they did not serve in the US Military.

Note: Although a Service Member/Veteran may be “eligible” to Naturalize due to Honorable Military Service, they may also be “disqualified” due to Criminal Activities, such as an aggravated felony. Aggravated felonies create a “permanent” disqualification to becoming a US Citizen.

IMMVI: How to Prove “Urgent Humanitarian Reason” or “Significant Public Benefit”

Wed, 30 Nov 2022 18:03:00 GMT

IMMVI is a “Military Immigration Option.” If you are trying to figure out what the following two items could possibly mean, you likely have seen the IMMVI Requirements on a Government Website:

Well, the two items are actually a “term of art,” items that have a specific meaning in immigration law, but an even more specific meaning in regards to a Military Immigration Option.

Starting Point (making sure we all start with a basic understanding):

First and foremost, immigration can be broken into many different parts, many different agencies, and many different documents. IMMVI is 100% military-based, it is not civilian. IMMVI is available for:

IMMVI does NOT create a visa. IMMVI creates a “parole document” that is a “visa-equivalent.”

IMMVI is AUTOMATICALLY expedited. So, you don’t have to submit an expedited request like civilian filings.

Where do the Terms Come From:

USCIS provides the following guidance: https://www.uscis.gov/humanitarian/humanitarian-parole/guidance-on-evidence-for-certain-types-of-humanitarian-or-significant-public-benefit-parole-requests#:~:text=To%20Care%20For%20or%20Otherwise,Relative%20in%20the%20United%20States&text=In%20some%20cases%2C%20urgent%20humanitarian,relative%20in%20the%20United%20States.

However, as an Immigration Attorney, the guidance is a little broad and it doesn’t fully state the “Best” way to prove Urgent Humanitarian or Significant Public Benefit.

To visualize, the guidance explains the forest view and explains a couple of trees. IMMVI Filings are BEST when the proof explains:

In short, the proof NEEDS to be specific and not rely solely on “buzzwords.” (Not saying “buzzwords” are bad. Actually, lets break down the buzzwords below.)

Urgent humanitarian reason is broken into two parts: (1) Urgent/Urgency , and (2) Humanitarian.

Urgency is usually broken into (1) things are outside of your control and you need help now and (2) things are inside of your control and help now is the better of two evils. You would “lose” an urgency argument if the “better of two evils” states that you should wait abroad.

Humanitarian can arise from the fact that someone is outside the United States and they are particularly vulnerable because of:

Buzzword : Significant Public Benefit

Significant Public Benefit is also broken into two parts: (1) Public Benefit and (2) Significant.

In terms of IMMVI, the Public Benefits is another way of saying the US Government Benefits. Significant means there is an “Importance” that can be articulated and proven. There has to be a reason, and a good reason, for the Government to care.

Summary:

BUZZWORDS are not bad. They are recommended to help explain and organize thoughts, BUT they MUST be supported by documentation and evidence. Saying the words is not enough to “prove” they exist or they qualify for an approval of IMMVI.

(Meat and Potatoes) What are examples of Urgent Humanitarian Reasons:

For IMMVI, an urgent humanitarian reason can be:

(Meat and Potatoes) What are examples of Significant Public Benefits:

For IMMVI, a Significant Public Benefit can be:

Proof can come in the form of support letters from a Command, a Security Officer, a Doctor, the VA, and a Psychologist.

Fickey Martinez Law Firm is an Immigration Law Firm located near many Military Bases in North Carolina and has many years of experience with a “Similar” Military Immigration Option called “Military Parole in Place” (aka PIP). The Standards of PIP are similar to IMMVI, except PIP has been around for about a decade and is for people who are in the US, whereas IMMVI is new/young and is for people who are NOT in the US.

If you have any concerns, you may contact our office, Fickey Martinez Law Firm, P.L.L.C., to schedule a Consultation.

Is the I-129F K1 Fiance Visa becoming Obsolete?

Wed, 09 Nov 2022 15:49:00 GMT

This question is starting to arrive in 2022: Is the Fiance Visa still an option?

Many Fiances have become discouraged in the K1 Visa Process for three main reasons:

Each of the above three points is a common topic when discussing the Fiance Visa Process, but to the topic of “becoming obsolete,” there is reason to believe the K-1 Visa, in general, may “disappear from relevancy” much like the K3 Visa . There are 2 reasons for the start of the K1 Downfall.

Reason 1: Numbers!!!

The K1 Visa has seen a 50% DECREASE in K1 VISA ISSUANCES over the past 5 years. The Breakdown is as follows:

Source: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2021AnnualReport/FY21_TableXVA.pdf

40K K1 Visas issued in 2017 compared to 20k issued during COVID is a big drop.

Reason 2: Non-Proxy Virtual Marriage Option

The SOLE PURPOSE of the K1 Fiance Visa is to marry within the US. Marriage abroad may be too difficult for a US Citizen, and the Fiance coming to the US on a Tourist Visa may be impossible or an immigration violation. If marrying in the US is the K1 Visas only purpose, most US Citizens looking to marry someone abroad nowadays tend to stumble upon the Utah Virtual Marriage Option, which started in 2020, but really received traction in 2021 and 2022.

If already married, the Fiance Visa would no longer be an option. Plus, a spousal immigrant visa is generally twice as quick, half as expensive, and 100% electronic. Who would want to pay twice as much money for a process that is 2 times slower and mostly paper-based (accompanied by paper-based delays)?

Thus, the new virtual alternative is undercutting the “need” for the K1 Visa.

More information on the Utah Virtual Marriage Option can be seen here: /immigration/virtual-utah-marriage-alternative-to-a-proxy-marriage-for-immigration-purposes/

What is a Biometric Appointment? What if I get Multiple? Why should I Go?

Fri, 07 Oct 2022 14:09:00 GMT

A USCIS Biometric appointment is commonly required in order for an immigrant to receive an immigration benefit, such as:

The Biometrics Appointment allows USCIS to perform a Background Check, and see any criminal records or any prior immigration violations. The Biometric Appointment is extremely straightforward and typically lasts about 5 minutes.

USCIS will take:

There is no immigration interview at the biometrics appointment. Rather, it is the STARTING POINT for USCIS to begin to do your background check and get to know you.

Additionally, the Biometric Location (aka Application Support Center) IS NOT a place to receive information on an immigration application. It is also NOT APPROPRIATE to ask questions and raise concerns. The SOLE PURPOSE of the Biometric location is to take the Biometrics.

Please Note: The people who do the fingerprinting may not even be USCIS employees, but could be contract workers and may not know anything about immigration processes.

What to do If I receive 2 or more (multiple) Biometric Appointment Notices?

The USCIS System is not perfect. There may be instances where an officer didn’t notice or join the filings into one appointment time, fingerprint data may have been previously lost, a name change has occurred and USCIS wants to make sure the same person is still applying, other data may have been lost or corrupted, the reasons can be many.

The answer to this question depends on the situation:

I received multiple notices in the mail around the same time (within a few days or weeks of each other):

Attend the first appointment WITH the other notices. The Fingerprints from the first appointment would be applied to the rest.

I was fingerprinted in the past, over 6 months ago, and now USCIS is asking for another Biometric Appointment

ATTEND THAT APPOINTMENT!!! Something could be lost in the system or an inconsistency arose and the subsequent biometric appointment can resolve the issue. Additionally, it could just be used to verify identity, if a name change has occurred. It is kind of like the old saying: putting names to faces; rather, in this context: putting names to fingerprints.

Can USCIS ever “Waive” the Fingerprint Requirement?

Yes!!! If USCIS has a prior background check from a prior Biometric Appointment, USCIS would usually aim to save time and reuse fingerprints and update the background check to be current.

Should I reschedule my Biometric Appointment if I can’t make it?

NO, IF IT CAN BE AVOIDED!!! Rescheduling = DELAY.

It is more preferred to attempt to visit the fingerprint location early in the morning, days before your appointment (if you cannot attend at the scheduled day/time). You normally CANNOT call in advance to see if that is alright. Going in person might be a small drive, but a delay of 3-8 weeks might be easily avoided if you just attempt to go early.

What if I am traveling Domestically within the US, could I go to a different ASC Location?

Possibly, but you normally cannot call in advance. You can try to do an in-person visit with your Biometric Notice at another location. AN ASC Locator Tool can be seen here: https://egov.uscis.gov/office-locator/#/asc

What is the USCIS Number to Reschedule?

1-800-375-5283

USCIS Provides the Following Guide on How to Prepare for your Biometric Appointment: https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment

¿Puede mi esposa extranjera conducir en los Estados Unidos con su licencia de conducir extranjera?

Fri, 07 Oct 2022 13:12:00 GMT

[ Read this post in English ]

Esta es una pregunta común para los esposos o esposas que llegaron recientemente a los Estados Unidos en:

En resumen, las leyes difieren según el estado. Su estado puede permitir una licencia de conducir extranjera por un período corto de tiempo. Sin embargo, según la Ley de Carolina del Norte, la respuesta puede ser un poco larga.

Primero, sí está inmigrando a los Estados Unidos, acaba de llegar con una visa de inmigrante (K1, CR1, IR1, etc.) o está ajustando su estatus (I-485), probablemente se le considere residente de Carolina del Norte o de algún otro estado de los Estados Unidos. y estaría sujeto a “estándares de residencia”. Un residente de NC debe tener una licencia de conducir de NC dentro de los 6 meses posteriores a la mudanza a los Estados Unidos. Además, las fuerzas del orden público podrían considerar fácilmente que no tener una licencia con base en los Estados Unidos tiene una licencia de conducir CERO, y puede dar fácilmente a un cónyuge inmigrante una infracción de licencia NOL o sin licencia de operador.

En segundo lugar, no olvides el seguro del coche. Si no tiene seguro, eso puede ser un asunto multable.

En tercer lugar, conozca las leyes locales. Exceso de velocidad, conducción demasiado lenta, adelantamiento de un autobús escolar, NO REDUCCIÓN DE LA VELOCIDAD en una zona escolar durante el horario escolar, hay una serie de leyes locales que pueden ser desconocidas para un cónyuge extranjero, y que pueden causarle problemas fácil o rápidamente.

Entonces, si un cónyuge extranjero conduce con una licencia de conducir extranjera, no, y trate de evitarlo siempre que sea posible. Debe comunicarse con el DMV local para ver si el cónyuge inmigrante es elegible para una licencia de conducir estatal.

Publicaciones de blog relacionadas

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I came to the US on ESTA/VWP – Can I Extend or Change my Status?

Thu, 29 Sep 2022 18:52:00 GMT

This is such a common question and, unfortunately, the Answer is “NO”:

Some may ask: can I stay 90 days, leave for 1 day, and have another 90 days?

BUT THEN: I know someone that was able to Adjust their Status, and they got a Green Card?

There is a difference between “Change of Status” (Form I-539) and “Adjustment of Status” (Form I-485). Someone MAY be eligible to adjust status, but changing status is NEVER possible.

The post I came to the US on ESTA/VWP – Can I Extend or Change my Status? appeared first on Fickey Martinez Law Firm .

Our Guidance on Many Frequent Foreign Birth Certificates

Mon, 26 Sep 2022 14:24:00 GMT

Foreign Birth Certificates for US Immigration Purposes can be a little confusing. Below is a list of the most frequent countries our office sees.

If you are finding this post, you will also likely require more information. We invite you to visit more of our website and do a search for any relevant information you might be looking for: https://www.fickeymartinezlaw.com/blog/

A great starting point might be a general list of documents needed for many types of immigration processes: /immigration/immigration-checklist-what-our-law-office-generally-recommends/

The post Our Guidance on Many Frequent Foreign Birth Certificates appeared first on Fickey Martinez Law Firm .

Policy Update: USCIS Raleigh-Durham Field Office beginning to Waive Green Card Interview Requirements

Wed, 21 Sep 2022 16:04:00 GMT

In the Summer of 2022, USCIS Raleigh-Durham Field Office began Waiving some Green Card Interview Requirements as a way to reduce local processing time and the focus of local USCIS field officers.

The local field office is likely to waive I-485 Adjustment of Status interviews where the following have occurred:

If the filing is missing some of the above, the local USCIS Officer can do an RFE (Request for Evidence) to strengthen the filing to possibly waive the Green Card interview.

The post Policy Update: USCIS Raleigh-Durham Field Office beginning to Waive Green Card Interview Requirements appeared first on Fickey Martinez Law Firm .

Military-Related Question: What to do if my active-duty spouse is unable to attend my Green Card Interview?

Wed, 21 Sep 2022 13:53:00 GMT

For a Spousal Green Card Interview, there are two (2) important facts: (1) first, marriage is composed of two people and both are required to attend, and (2) the interview notice states BOTH spouses must attend.

In the situation of an active-duty service member, USCIS has certain policies and everything depends on the situation.

Deployment, TDY/TAD, MUE, and PCS Abroad Situation

If the service member is OVERSEAS, USCIS can usually waive the interview requirement for the service member. However, the following should be mailed to the local field office and taken to the interview:

USCIS may waive the service member’s attendance; however, there are instances where the interview can be rescheduled as the USCIS Officer (in their discretion) can wait to process the filing until BOTH spouses are present.

Training out-of-state Situation

The service member SHOULD BE ABLE to be excused from training for 1 day. Immigration and Legal Matters are excusable matters in the Military. Even an E-8 or Officer should be able to be excused.

If the service member is deemed “Essential” and absence from training cannot be provided, USCIS may waive the service member’s attendance; however, the interview can be rescheduled as the USCIS Officer (in their discretion) can wait to process the filing until BOTH spouses are present.

The following should be mailed to the local field office and taken to the interview:

The post Military-Related Question: What to do if my active-duty spouse is unable to attend my Green Card Interview? appeared first on Fickey Martinez Law Firm .

Can my Foreign-national Wife Drive in the US with their foreign driver’s license?

Wed, 21 Sep 2022 12:34:00 GMT

[ Leer Post en Espanol ]

This is a common question for Spouses that recently arrived to the US on:

In short, laws differ by state. Your state may permit a foreign driver’s license for a short period of time. However, based on NC Law, the answer can be a little long.

First, if you are immigrating to the US, just arrived on an immigrant visa (K1, CR1, IR1, etc), or are adjusting status (I-485), you are probably considered a Resident of NC or some other US State and you would be held to “residency standards.” An NC Resident should have an NC Driver’s License within 6 months of moving to the US. Additionally, not having a US-Based License could easily be deemed by law enforcement as having ZERO driver’s License, and can easily give an immigrant spouse an NOL or No Operator’s license violation.

Second, don’t forget the car insurance. If you are uninsured, that can be a ticket-able matter.

Third, please know the local laws. Speeding, Driving too Slow, Passing a School Bus, NOT REDUCING SPEED in a School Zone during School Hours, there are a number of local laws that may be unfamiliar to a foreign national spouse, and they can easily / quickly get you in trouble.

So, should a foreign spouse drive with a foreign driver’s license, no, and try to avoid it wherever possible. You should contact the local DMV to see if the immigrant spouse is eligible for a State Driver’s License.

What happens when I marry my fiancé during the I129F process for acquiring a K-1 fiancée visa?

Tue, 20 Sep 2022 12:04:00 GMT

For a US citizen that has started the I 129F petition process to bring their fiancé to the United States, marriage 100% of the time is on the couple’s mind. The couple seriously wants to get married and spend the rest of their life together.

After some searching online, a US citizen generally falls upon some information regarding proxy marriage or a virtual marriage in Utah. But then, the question arises, what happens to the immigration process if the couple were to Mary’s before receiving the K-1 fiancée visa? This post will discuss what to expect and what would need to be done next.

Can the I-129F petition automatically become an I-130 petition?

In short, no! Even though the forms are one number off, the filing fees are the same, and they are pretty similar seeing how they create Immigrant Visas, but the reality is that marriage would eliminate eligibility for the I129F, and the US government does not have an automatic upgrade policy to the I-130 petition from the I-129F petition.

What if I did a K3 visa?

A K3 visa is extremely rare. Information on the statistical data of how many are issued a year could be found here: /immigration/consular-processing/k-3-visa-2019-fiscal-year-the-ever-diminishing-visa-option/

Additionally, it is important to note that a K-3 visa generally costs twice as much and over twice as long to process an Immigration filing, compared to the I130 consular process to receive a CR1 visa or IR1 visa.

Lastly, even if you were requesting a K-3 visa, the immigration system would most likely “administratively close” the I-129F request and push the filing towards the IR1 visa or CR1 visa, since they are in your best interest.

Thailand Birth Certificate Guidance for US Immigration Purposes

Sat, 17 Sep 2022 00:39:00 GMT

The Thailand Birth Certificate for US Immigration purposes is called a Sutibat. The Sutibat is free and can be acquired at the District “Amphur” Registration Office having jurisdiction over the place of birth.

The Birth Certificate should be Translated to English, which our office recommends www.montesinotranslation.com , and the foreign Certificate would be accompanied by an English translation. The most common issues regarding a foreign birth certificate are errors/misspellings of names. To avoid this headache, make sure you have all the names spelled correctly and double-checked after translation.

If a Sutibat is not available, a Birth Certifying Letter “Bai Rub Rong Kan Kerd” is also acceptable to Prove Thailand Birth for US Immigration purposes.

The post Thailand Birth Certificate Guidance for US Immigration Purposes appeared first on Fickey Martinez Law Firm .

Vietnam Birth Certificate Guidance for US Immigration Purposes

Fri, 16 Sep 2022 23:55:00 GMT

A Vietnamese Birth Certificate for US Immigration Purposes must be issued from the province of birth/registration in Vietnam. The paper of the certificate generally has a light green tint and a red seal in the top middle of the certificate. The wording of the certificate can be hand-written or typed, depending on the age of the Certificate / when registered after birth.

The Birth Certificate should be Translated to English, which our office recommends www.montesinotranslation.com , and the foreign Certificate would be accompanied by an English translation.

Vietnam does not have a national database for birth records, so it is possible there are some format and wording differences among the provinces.

If Vietnamese citizens outside of Vietnam would like a copy of their birth certificates, they can authorize a family member or friend to obtain it for them from the local authorities/province of birth.

The post Vietnam Birth Certificate Guidance for US Immigration Purposes appeared first on Fickey Martinez Law Firm .

IMMVI I-765: I’m Confused on where to mail the EAD Filing!

Wed, 14 Sep 2022 13:25:00 GMT

This post will focus on a common question with USCIS Filings since there are dozens of USCIS locations that receive mail. Although the USCIS Website has links next to the forms, some pages send you to large drop-down menus that can confuse someone not used to the current USCIS Website setup. Thus, this question will focus on the IMMVI I-765 Mailing Question.

IMMVI is a Military-based program for:

More information on IMMVI can be located here:

/immigration/2022-military-immigration-option-immigrant-military-members-and-veterans-initiative-immvi/

The below information was taken from the following link: https://www.uscis.gov/i-765-addresses It is 100% recommended to confirm the information is up-to-date by checking the previous link.

U.S. Postal Service (USPS):

USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680

FedEx, UPS, and DHL deliveries:

USCIS
Attn: AOS (Box 805887)
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

If you are a service member or a veteran, and you desire to have your family be with you in the US, please contact our office to set up a Consultation.

Common J1 Teacher Questions: How to communicate with the J1 Sponsor? and what about the J1 Waiver?

Thu, 14 Jul 2022 15:00:00 GMT

Personally, as a Spouse of a previous J1 and an immigration attorney that generally assists J1s, the following Post might be extremely helpful for those J1s applying for a No Objection Statement or Hardship Waiver to remain in the US with their US Citizen Spouse, and then pursuing the Adjustment of Status.

You can contact our office to set up a consultation to learn about estimated timelines, requirements, and what to expect in either a green card filing or H-1B employment filing.

The post Common J1 Teacher Questions: How to communicate with the J1 Sponsor? and what about the J1 Waiver? appeared first on Fickey Martinez Law Firm .

J1 Waiver of 212(e) Special Skills list: Philippines and the Exceptional Hardship

Wed, 13 Jul 2022 20:28:00 GMT

This post will focus solely on the J1 Teachers from the Philippines. There are three important facts a filipina/filipino J1 Teacher needs to first know:

What is the Filipino/Filipina J1 Waiver Option?

Exceptional Hardship is the only waiver option for a Philippine J1 Teacher after the 2021 Philippine Policy Change.

The Philippines will not find “Philippine National Interest” in the marriage to a US Citizen or the birth of a US Citizen Child. The Philippines will also not find national interest if the J1 Teacher wishes to seek H-1B Employment or that you want to apply for the NIW (which you are not eligible, but information online paints a confusing picture).

Is there More information on the Exceptional Hardship Waiver?

Yes, our office has created the following guidance regarding the J1 Exceptional Hardship Waiver:

What if I want to be certain I am subject to the 2-year Home Residency Requirement?

If there is a Discrepancy in the DS-2019 and J1 Visas, an Advisory Opinion may be beneficial. More information found here:

If you are entering your third or fifth year and are planning to file for the J1 Waiver, or H-1B, or Marriage-based Green Card, it is recommended to speak with an immigration attorney that frequently handles J1 filings. You can contact our office to set up a consultation to learn about estimated timelines, requirements, and what to expect in either a green card filing or H-1B employment filing.

Snapshot: 2021 J1 Visa Issuance in North Carolina

Wed, 13 Jul 2022 18:58:00 GMT

The J1 Visa is a cultural exchange visa that brings many types of professionals and students to the United States. Below are the Statistics for 2021, focusing solely on North Carolina:

Total J1 for 2021 in NC: 4532

The post Snapshot: 2021 J1 Visa Issuance in North Carolina appeared first on Fickey Martinez Law Firm .

Top 6 States hiring J1 Teachers: Statistics and Interesting Info

Wed, 13 Jul 2022 18:38:00 GMT

The J1 Exchange Visitor Program is a wonderful way to bring highly qualified international teachers to the United States, in areas that have a teacher scarcity or an insufficient level of experienced teachers in a given subject.

How Many Teachers came on the J1 Visa within the past 5 years?

Below are the states that most frequently hire J1 Teachers:

As a fun fact, North Carolina statistically receives 10% to 20% of all J1 Teacher Visas issued each year.

5-Year Comparison of the 6 states that received J1 International Teachers between 2017-2021

From the above statistics, 2 factors are important to know:

First, 2020 experienced a J1 Visa Ban, which dramatically reduced/eliminated the issuance of J1 Visas for that year.

Second, North Carolina has consistently had Teacher shortages, and NC has had a much greater demand for J1 school teachers.

What are the Top Countries that issued J1 Teacher Visas in the past 3 years?

Based on the above information, the countries of Philippines, Spain, and Mexico are common countries that send J1 Teachers to the United States. The Philippines statistically provides about 20%to 25% of all J1 Teachers in a given year.

The post Top 6 States hiring J1 Teachers: Statistics and Interesting Info appeared first on Fickey Martinez Law Firm .

How the 2020 J1 Visa Ban will likely create faster waiver processing in 2023 or 2025?

Wed, 13 Jul 2022 17:27:00 GMT

The J1 waiver process is generally confusing, but usually a requirement for most J1 professionals, such as international teachers. For a J1 teacher, their waiver options are usually either (1) the no-objection statement process or (2) the exceptional hardship.

This post is an immigration attorney‘s opinion (estimation) on the likely processing times of a waiver process for the academic years of 2023 to 2024 and 2026 to 2027.

For starters, there are two important items to consider:

First, the J1 visa was banned for the academic year of 2020 to 2021. More information on the ban found here: https://www.federalregister.gov/documents/2020/06/25/2020-13888/suspension-of-entry-of-immigrants-and-nonimmigrants-who-present-a-risk-to-the-united-states-labor

Second, J1 teachers usually file their waiver during their third academic year or fifth academic year. The priority for the teachers is usually “continual employment” and the waiver may disrupt employment. It is important to note that the waiver is generally required in order to become a Lawful Permanent Resident due to marriage to a United States Citizen or to seek H-1B employment.

The Ban means tens of thousands of J1s did not come to the US in 2020. Less new arrives means less waiver applicants in 2023 and 2025. The Department of State will probably keep the same amount of employees, not taking into account the cause-and-effect that this ban has on the number of waiver applicants.

This will most likely naturally dissolve any possible Covid backlog at the Department of State that has accrued between March 2020 and July 2023.

If you are entering your third or fifth year and are planning to file for the waiver in 2023 or 2025, it is recommended to speak with an immigration attorney that frequently handles J1 waiver filings. You can contact our office to set up a consultation to learn about estimated timelines, requirements, and what to expect next for either a Green Card filing or H-1B employment filing in the future.

The post How the 2020 J1 Visa Ban will likely create faster waiver processing in 2023 or 2025? appeared first on Fickey Martinez Law Firm .

Expedite Request due to Government Interest: What to know

Thu, 07 Jul 2022 13:05:00 GMT

An Expedite Request is a “special” request that MAY or MAY NOT be granted. It is assessed on a case-by-case basis. The fact that a case may be expedited, it does not mean that the overall immigration filing will be approved. Similarly, if a case is expedited by one Agency (e.g. USCIS), a new request must be submitted to the new agency (e.g. NVC).

This post will specifically focus on Government Interest Requests and what is recommended to be provided based on different common situations.

Additionally, please do not confuse this post with “Automatic Expedite Filings” due to Government Service, examples being:

Please select your applicable situation Below in the Drop Down Section:

How to Request an Expedite Request

How to Request an Expedite Request at USCIS:

Based on the type of USCIS Filing, Request Options might change. Here are the most common:

I-130:

I-130/I-485 AOS:

I-765:

Not normally available to be expedited. More Infor Here: /immigration/adjustment-of-status/can-i-expedite-the-i-765-employment-authorization/

I-612:

I-129F:

Not Available since Fiance Relationship is not a qualifying civil status.

I-751:

N-400:

How to Request an Expedite Request at NVC:

Email a scanned request letter, with all relevant biographical information and case numbers, and with supporting documents to NVCExpedite@state.gov.

How to Request an Expedite Request at the DOS Waiver Review Division:

Email a scanned request letter, with all relevant biographical information and case numbers, and with supporting documents to 212ewaiver@state.gov.

How to Request an Expedite Request at the DOS Consular Division:

Email the Consulate/Embassy Directly.

If you require assistance with an immigration filing, please consider contacting our office to set up a consultation with our Immigration Attorney.

The post Expedite Request due to Government Interest: What to know appeared first on Fickey Martinez Law Firm .

Pakistan Civil Documents for US Immigration Purposes

Fri, 01 Jul 2022 19:07:00 GMT

This Blog Post will focus on Pakistan Documents that are required for US Immigration Purposes. The process to acquire such documents will also be explained as best as possible below.

Please note: Our Law Firm does not assist in acquiring foreign civil documents, rather we provide this information to assist our clients in acquiring their documents, as it may be confusing.

The four (4) Main Pakistan Documents are:

If Acquiring an Immigrant Visa (e.g. K1 Fiance Visa or Spousal Visa) at the US Embassy in Islamabad , the following link is the Embassy Instructions and Document Checklist for the Visa Interview: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/ISL-Islamabad.html

The following are drop-down sections to help you more easily navigate and find what you are looking for:

Birth Certificate

Document Name: Birth certificate, Child Registration Certificate

Acceptable Issuing Authority:

Procedure for Obtaining: Applicants must visit their local Union Council, fill out a form, and provide identification.

Alternate Documents: In lieu of a birth certificate, Pakistanis often use Child Registration Certificates or Family Registration Certificates (FRC), which list all family members and document each member’s relationship to the other.

Note: Birth certificates can be in either English or Urdu with English translation.

Marriage Certificate

Pakistani Muslim:

Non-Muslim (Christians, Hindus, Ahmadis, and others):

Citizens of Azad Jammu and Kashmir (AJK) and Afghans living in Pakistan:

Procedure for Obtaining: Muslim applicants can obtain an Urdu-language Nikah Nama from the Nikah Registrar. Ahmadis, Christians, Hindus, and other non-Muslim applicants can obtain marriage certificates from their local religious authorities.

Divorce Certificate

Document Name: Khula, Talaq, and Divorce Certificate

Divorce Process:

Pakistani divorce laws for Muslims are governed by the Muslim Family Laws Ordinance (MFLO). While the laws are complicated, all procedures set forth by the MFLO must be followed for divorces to be recognized for immigration purposes. In general, couples seeking a divorce must submit a written notification to the Union Council of the wife’s residence, after which an Arbitration Council is formed to foster reconciliation between both parties over a 90-day period. A divorce is finalized if the couple fails to reconcile at the end of this 90-day period.

Procedure for Obtaining:

Talaq:

Muslim divorces in Pakistan are subject to arbitration, and the process of divorce differs depending on whether it is initiated by the husband (Talaq) or the wife (Khula). For men initiating a divorce, husbands must verbally “divorce” their wife by pronouncing ‘talaq.’ As soon as possible, the divorcing husband must then give written notification to the Union Council where the wife resides or where the wedding took place. Within 30 days of receipt of the notice of Talaq, the Union Council Chairman must constitute an Arbitration Council in order to see if reconciliation is possible between the husband and wife. After the Council convenes, it must issue notices to both parties every month for three months in an attempt to foster reconciliation. After three months (90 days), either party may request a failure of reconciliation certificate from the Union Council/Arbitration Council, upon which date the divorce is considered final and valid. (For more information, refer to Section 7 of the MFLO.)

Note that a divorce in Pakistan is only considered valid at the end of this 90-day period, assuming the parties have failed to reconcile. Neither party may remarry (in Pakistan or elsewhere) until this 90-day period has passed and the divorce is finalized. The Union Council divorce certificate – typically handwritten – will indicate if the divorce was a Talaq (initiated by the husband) or Khula (by the wife – see below). In recent years, Union Councils have begun to produce NADRA divorce certificates. If a NADRA-issued divorce certificate is provided for an older divorce, the original Union Council certificate should also be provided. The specific form for the Union Council certificate will vary by location. In all cases, copies of the arbitration notices should be available upon request.

Khula:

There are two possible procedures for Muslim women to obtain a Khula divorce. First, a husband can grant his wife the right of divorce by stating “yes” on line 18 of the Nikah Nama (which is rare). If this right is granted, the wife follows the same procedure as the Talaq process described above. If the wife is not granted this right, she must first bring her case to a Family Court to request the right to initiate a divorce. If her suit is successful, the Family Court must submit its decision to the Union Council within seven days. The Union Council will then initiate the Arbitration Council and follow the same procedures described above. In reality, however, the Family Court often does not inform the Union Council of its decision. If the court grants the divorce but does not notify the Union Council, it is incumbent upon the wife to do so herself in order for the divorce to be valid. Once the wife notifies the Union Council, the same procedure as for Talaq is followed. If the parties reconcile during the arbitration process, however, the court decision will be null and void, and the couple will remain married.

SPECIAL NOTE ON REMARRYING THE SAME PERSON: If a husband and wife divorced and subsequently wish to remarry each other, the wife must have married another person in the interim and that intervening marriage must be legally terminated by proper divorce proceedings or death. The interim marriage must be consummated and represent a bona fide relationship, according to Section 7 of the MFLO.

Divorce Certificate:

Procedures for properly executing an Ahmadi, Christian, Hindu, or Parsi divorce differ. Typically, divorce certificates for these sects are issued by a Family Court after the filing of a legal case and are not generally registered with the local authorities.

Alternate Documents: In most cases, NADRA-issued divorce registration certificates are acceptable substitutes for Union Council-issued divorce certificates. Divorces documented on rupee paper are not acceptable for immigration purposes unless they are supplemented by an official certificate.

Certificate of Non-Conviction (Police Certificate)

Unavailable. Pakistan does not have a nationwide system to track criminal activities. Police Character Certificates are available for a fee from District Coordinating Offices. However, they are not an accurate reflection of an individual’s criminal record. An applicant who has committed a crime in one district may be able to obtain a clean Character Certificate from that district or another. Given the inaccuracy of these certificates, they are not required for consular processing.

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US Consulate Immigrant Visa Instructions: Central-South Asia

Fri, 01 Jul 2022 14:27:00 GMT

Below is a list of US Consulates and Embassies across Central-South Asia that provide Immigrant Visas. The Instruction links should be the most up-to-date version of the Immigrant Interview instructions since they are webpages and the US Government has moved away from PDF Versions being the only form of Instruction, which has a high tendency of being outdated. However, on every page, you are able to “PDF” the instructions to help with Interview Preparation.

Afghanistan

N/A

Iran (Yerevan, Armenia)

Immigrant visas to the United States are processed for citizens and residents of Armenia and Iran at the U.S. Embassy in Yerevan.

Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/YRV-Yerevan.html

Kazakhstan (Almaty)

Immigrant visas to the United States are processed for citizens and residents of Kazakhstan at the U.S. Consulate in Almaty.

Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/ATA-Almaty.html

Kyrgyzstan (Bishkek)

Immigrant visas to the United States are processed for citizens and residents of Kyrgyzstan at the U.S. Embassy in Bishkek.

Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/BKK-Bishkek.html

Pakistan (Islamabad)

Immigrant visas to the United States are processed for citizens and residents of Pakistan at the U.S. Embassy in Islamabad.

Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/ISL-Islamabad.html

Tajikistan (Dushanbe)

Immigrant visas to the United States are processed for citizens and residents of Tajikistan at the U.S. Embassy in Dushanbe (with previous processing occurring at the U.S. Consulate General in Almaty, Kazakhstan).

Turkmenistan (Ashgabat)

Immigrant visas to the United States are processed for citizens and residents of Turkmenistan at the U.S. Embassy in Ashgabat.

Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/AKD-Ashgabat.html

Uzbekistan

Immigrant visas to the United States are processed for citizens and residents of Uzbekistan at the U.S. Embassy in Tashkent.

Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/THT-Tashkent.html

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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¿Puede un Titular De Visa De Prometido K1 trabajar legalmente después de casarse?

Thu, 23 Jun 2022 13:14:00 GMT

[ Read this post in English ]

Esta es una pregunta muy común, pero el tema debe dividirse en muchas partes para comprender mejor.

Primero, una tarjeta de Seguro Social afecta casi todos los aspectos de la vida en los Estados Unidos, tales como:

El Número de Seguro Social es un número de identificación que ayuda a probar la identidad.

En segundo lugar, aquí hay algunas directrices para solicitar una tarjeta de Seguro Social: /immigration/how-to-apply-for-a-social-security-card-at-the-local-ssa-office-and-what-documents-are-needed-for-immigrants/

En tercer lugar, es importante entender que la SSA permite un período de 60 días fuera del Período de Visa K1 de 90 días para solicitar una Tarjeta de Seguro Social. Puede encontrar más información aquí: /immigration/k-1-fiance-visa/how-can-a-k1-visa-holder-get-a-us-social-security-card/

Cuarto, una tarjeta de Seguro Social puede ser anotada y no anotada. La anotación: VÁLIDO SOLO PARA TRABAJAR CON AUTORIZACIÓN DEL DHS significa que se requeriría una Tarjeta de Autorización de Empleo, emitida por USCIS (una parte del DHS), para poder trabajar. Más información sobre la anotación se encuentra aquí: /immigration/adjustment-of-status/dhs-annotated-us-social-security-card-versus-an-unannotated-us-social-security-card/

¿Puede un Titular de la Visa K1 trabajar?

Sí y no. Sí, si tienen una Tarjeta EAD en la mano, y no si NO tienen una Tarjeta EAD en la mano.

Aunque un titular de visa K1 puede solicitar la autorización de empleo durante el período de prometido de 90 días bajo la categoría A6, esta opción casi nunca se persigue. No es económico solicitar una autorización de empleo que expiraría en un puñado de semanas o días. Además, no es bien recibido por un empleador que contrataría un K1 por unos días o semanas, para luego terminar el empleo una vez que la Tarjeta EAD expire el día 90 en que el K1 está en los Estados Unidos.

La autorización de empleo se solicita más comúnmente bajo una presentación gratuita I-765 con el Ajuste de Estatus bajo la Categoría C9. Una tarjeta EAD bajo esta opción es válida por 2 años y gratis. Esto es más factible que la opción de presentación A6.

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2022 Military Immigration Option: Immigrant Military Members and Veterans Initiative (IMMVI)

Tue, 14 Jun 2022 15:05:00 GMT

When a door closes, a window opens! Military Immigration used to be (1) expedited, (2) had international field offices to assist foreign service members, (3) had a military service center to assist in processing military-related filings, and (4) had a more personalized immigration experience. Due to budget cuts over the last 5 years, Agency staff reduction, and Covid Closures, special Service Member processing has been nearly forgotten. Now, this post will not announce a “revival” of the old ways, but it does address one major issue, the international separation of a service member and their family, and how to bring the family together ASAP.

In 2022, a new Military Immigration Option was created called IMMVI or spelled out: Immigrant Military Members and Veterans Initiative. IMMVI is a solution to bring a spouse or unmarried minor child to the US much quicker. This option has the potention of being a better alternative than:

But, IMMVI isn’t for every service member or veteran. Eligibility requirements must be met.

What kind of Service Members are eligible:

The Catch to fully meet eligibility under IMMVI:

The Service Member or Veteran must provide/prove:

To reiterate!!!!! Service Members and Veterans MUST MUST MUST have either an URGENT humanitarian reason or SIGNIFICANT public benefit.

Recipients of an IMMVI-based parole document/stamp also benefit by:

To summarize the super important benefits in other words:

If you are a service member or a veteran, and you desire to have your family be with you in the US, please contact our office to set up a Consultation.

The J1 Exceptional Hardship Waiver – Form I-612: Brief Summary

Mon, 06 Jun 2022 13:58:00 GMT

The I-612 Exceptional Hardship Waiver is a process that could remove/waive the 2-year home residency requirement (aka subjection to Special Skills Lists 212(e)). However, in order to receive approval for this waiver, the “hardship” MUST be exceptional , it must be more than ordinary.

Please Note: If the Foreign Country permits a No Objection Waiver, it is recommended to attempt to receive that waiver as it is generally cheaper, quicker, and less stressful than the USCIS I-612 Exceptional Hardship Waiver.

Now, what are the common kinds of things USCIS can look toward in an Exceptional Hardship Waiver:

Who needs the Hardship (based on a marriage filing)?

The individuals who CAN NOT be the subject to the Hardship are the J1 or J1 Visa Holder. The J1/J2 cannot be the focus, but that doesn’t mean the J1/J2 situation cannot be added to the bigger picture.

For instance, a J1 Spouse that is sick or needs medical attention has a direct effect on the US Citizen Spouse. The US Citizen Spouse may have to pay for the medical treatments without the assistance of health insurance (Financial), the medical condition may be causing emotional or psychological harm to the US Citizen Spouse, and the US Citizen may have legitimate fears of the J1 Spouse being treated Abroad versus within the US.

Parts of the Waiver Explained:

The Waiver Filing actually occurs in 2 parts / 2 halves:

First Half: I-612 filing with USCIS, which focuses on the Hardship Establishment

Second Half: DS-3035 filing with DOS, which focuses on processing the Waiver

If the I-612 is not approved, the DS-3035 would not be able to be processed under the Hardship Waiver basis. If the I-612 is approved, there is an extreme likelihood the DS-3035 would be approved. In a nutshell, it is easier to picture the I-612 as the most important part of the Waiver Filing, since it is the part that supports the approval, the part that shows the government why the government should care about your case.

Process: Step by Step

The process can be a little confusing, but it can be visualized as follows:

If you need assistance filing an Exceptional Hardship Waiver Filing, please schedule a consultation with our office, Fickey Martinez Law Firm, P.L.L.C.

The post The J1 Exceptional Hardship Waiver – Form I-612: Brief Summary appeared first on Fickey Martinez Law Firm .

Common Immigration Question: Invalid I-90 Green Card Extension and Traveling Abroad

Wed, 01 Jun 2022 14:40:00 GMT

This topic is very specific since it intermingles the following items:

However, let’s first tackle basic descriptions, and then we will dive into the topic:

Confusion about the I-90 and I-751 is common, and many Green Card Holders wind up wasting money on an Immigration Filing that does not apply to them. USCIS has attempted to resolve this issue by creating an Electronic Filing option for the I-90 filing, which would notify potential filers of this issue. However, the issue still persists with individuals filing an I-90 by paper.

Automatic Extension Letters:

Both the I-90 and I-751 now issue automatic extension letters with the receipt of the immigration filing:

This automation (automatic extension) was extremely helpful and remedied a big issue that required hundreds of thousands of applicants each year to venture to a local USCIS Office to request a 1-year Green Card Extension Stamp. With automation and its positive effect, comes the negative effects:

The issue of Traveling Abroad:

Reliance on an Invalid Extension Letter is not a good argument. US Immigration operates on the notion that the Immigrant “should know what to properly file.” In the instance where an immigrant makes a mistake, normally they are out the I-90 filing fee. However, when travel abroad has occurred, you then find yourself in the situation of:

What would be the next step?

The I-751 can be filed late and stating that an I-90 was erroneously filed is a common reason / common mistake.

The downside if abroad, the I-751 is paper-based and mailing in the form can be expensive (considering international mail fees) and time-consuming. The I-751 receipt notice can take a few weeks to arrive, and the notice would have to go to a US Address and/or someone would need to check your mail and send you a copy of the notice or the original notice in order to allow a return to the US as a Green Card Holder.

The I-751 MUST be completed since ONLY the I-751 would be able to give the 24-month extension. The I-131 Filing and a Foil would not be generally available, but it could be helpful to speak with the local US Embassy or Consulate for some guidance.

If you need assistance filing an I-751 filing, please schedule a consultation with our office, Fickey Martinez Law Firm, P.L.L.C.

The post Common Immigration Question: Invalid I-90 Green Card Extension and Traveling Abroad appeared first on Fickey Martinez Law Firm .

I-864: Do Spouses need to do an I-864A when the other Spouse is Sponsoring

Wed, 25 May 2022 14:33:00 GMT

USCIS and the NVC/DOS generally prefer to have an entire household be represented in the I-864 form filings. So, in a short answer: Possibly, if the spouse is contributing to the household income or is within the recent Tax Return Filing.

There are two instances that may occur on the topic of a spouse:

Special Note: USCIS and NVC/DOS DO NOT accept/acknowledge/count/consider

What if My Spouse and I are filing taxes as “Married, Filing Separate”?

Although uncommon since the spouses usually have better tax rates and tax returns by filing Joint or Head of Household, Married filing Separate is not the same as being single, being divorced, or having 2 separate households.

USCIS aims to review the entire financial picture of a household to ESTIMATE how the household will be able to sponsor an Immigrant for the next three to ten years.

Should I still Add my Spouse as an I-864A Household Member when their income is $0 or Negative?

Yes, a full picture of the household’s finances is needed. Negative Income reduces the Adjusted Gross Income for the entire household, which makes the Spouse’s involvement in the I-864 Filing very important.

Understanding Adjustment of Status Movements Around the Nation: Raleigh-Durham Processing

Wed, 04 May 2022 13:42:00 GMT

Many clients become confused or do not fully realize how a Green Card filing, like Adjustment of Status, is a national filing that experiences delays in office transfer. This post will ONLY focus on Eastern NC Jurisdiction, the Raleigh Durham USCIS Field Office. However, this travel around the nation is common among every USCIS Jurisdiction and every Adjustment of Status filing.

First, the filing is submitted to the USCIS Lockbox Facility in Chicago, Illinois.

Second, the filing is transferred to the USCIS National Benefits Center in Lee’s Summit, Missouri. At the National Benefits Center, all of the real processing begins, such as:

Third, the filing begins to separate into 2 categories:

Fourth, the Green Card filing will eventually transfer from MO to NC and await the Green Card interview to be scheduled.

The following map will help show a visual of the above Transfer around the nation:

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Virtual Utah Marriage: Alternative to a Proxy Marriage for Immigration Purposes

Tue, 03 May 2022 12:29:00 GMT

You may now Blow a Kiss to the Bride!!!

To begin, a “Proxy Marriage” has a “proxy” or middleman sign on behalf of one of the soon-to-be-spouses. Double Proxy is also a term where two proxies or two middlemen are present to marry the intended spouses.

The State of Utah DOES NOT perform or recognize Proxy Marriage. Instead, they have “CUT OUT THE MIDDLEMAN,” and allow spouses to marry virtually. The Spouses sign their marriage certificate electronically, and the marriage certificate is issued by the State of Utah, making it accepted throughout the United States and for US Immigration Purposes.

A Utah Virtual Marriage, aka Web Conference Ceremony or Video Conference Ceremony, is a valid, legal marriage . The only difference is that the spouses can be anywhere in the United States and the World, and can appear “virtually” before a representative of Utah.

A “Proxy Marriage” for immigration purposes has one MAJOR issue, the “consummation requirement” AFTER marrying by proxy. Meaning, the US Government will NOT recognize a proxy marriage certificate UNTIL/AFTER the spouses have been physically present, in the same city, at the same location, for a period of time. This requirement is to make sure the marriage is real and the Spouses are serious about the marriage. A “non-proxy marriage,” aka a regular marriage or virtual marriage, do not have consummation requirements, the marriage certificate in itself is sufficient to prove a marriage occurred and that is can be recognized by the US Government for immigration purposes.

Thus, the Utah Virtual marriage ceremony is a much better option than proxy marriages.

Utah Website: https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp

PLEASE NOTE: This post is only for informational purposes that some of our Prospective Clients have found very useful as an option to marry someone overseas. Our Law Firm DOES NOT assist in marrying people, nor do we coordinate with UTAH, nor do we answer questions regarding Virtual Utah Marriage. You should contact the appropriate Agency in Utah for further questions.

Can I use a Utah Virtual Marriage Certificate for US Immigration Purposes?

Yes, the Marriage Certificate is accepted in Utah and throughout the United States. Thus, it is accepted federally and accepted by US Immigration Agencies.

Can I marry someone else before I am divorced?

No, that is called polygamy and a crime. (This is a common question)

Would the Utah Marriage Certificate be recognized Internationally?

Maybe. You would have to contact the Foreign Embassy in Washington DC for possible information on “Legalizing or Registering” the marriage in the US with the abroad foreign government. But, if you are marrying to immigrate to the US, then this question is not really important.

IMPORTANT NOTE: Do I ever need to see my spouse after marriage, but before filing the I-130 Petition?

USCIS Policies Change, and virtual marriages are a COVID/POST-COVID creation. Immigration law are created from laws drawn decades ago, some more than 70 years ago. Are virtual marriage considered proxy marriages? No. However, USCIS can require the marriage to prove itself by having a honeymoon, having a reception with close friends and family, and to travel internationally to solidify the marriage validity. Being together is the ultimate goal, and if consular processing a marriage-based green card visa, the embassy or consulate normally requires international travel 2-4 times a year, to establish an ongoing relationship that qualifies for a Green Card/Immigrant Visa.

I-864: Using Real Estate as an Asset

Fri, 29 Apr 2022 13:19:00 GMT

Real Estate is generally the MOST EXPENSIVE investment in many people’s life. A House can be easily valued at $100k to $400k. For USCIS Purposes and the I-864, a piece of real estate can be used to supplement or completely cover the financial responsibility of Sponsorship.

USCIS will look for the “Equity” or “Equity of Ownership” in the property.

To determine Equity, USCIS would require:

With the above items, USCIS can calculate the Resale Value of the property, minus the mortgage and any liens still owed, and the remaining balance would be the equity.

For example: A House is worth $200,000 and the Owner has a mortgage remaining on the property in the value of $75,000. The Equity in the property would be $125,000.

How much of an Asset Equity Value must I have?

USCIS using the I-864P was a guideline to determine the needed income amount for a sponsor based on their household size and location. I-864P can be located here: https://www.uscis.gov/i-864p

Additionally, an asset would have to have a multiple of 3 or 5, depending on the citizenship of the sponsor and the relationship to the immigrant.

If USCIS requires an income of $25,000, USCIS would require an asset of:

I-864: Self Employment and Business Ownership

Thu, 28 Apr 2022 13:35:00 GMT

Self-Employment and Business Ownership are most commonly one of the MOST difficult types of income to prove to USCIS. Why is that? Well, there are three reasons:

If you are focusing on income from self-employment / business ownership, you generally do not receive a W-2 Employment and its associated (consistent) Weekly or Bi-weekly paycheck. W2 Employment is the easiest form of income to be reviewed by USCIS.

So, What is USCIS Looking For in Self-Employment Income?

In short, it is one of the most difficult items for most businesses:

the Current Tax Year’s AGI (Adjusted Gross Income)

The AGI can be located in prior tax years in the 1040 Tax Return Filings, but that does not exist for current tax yets (yet). Instead, the current tax year usually has:

For example:

A Business can receive $100,000 annually from clients/patients/jobsites, but if $99,000 goes to expenses, the Business would ONLY profit $1,000. USCIS is looking for the $1,000 , and they do not really recognize the $100,000, nor do they understand the $99,000.

What Documents are needed to be provided to USCIS?

The following is NOT an exhaustive list, but it is a good starting point. Let’s break the documents into what they mean to a USCIS Officer, since that is more beneficial than just providing a mere bulletin list:

How much Profit or AGI is USCIS Looking for?

The I-864P is a guideline that states the “minimum” needed based on location and household size. The Guideline updates every March and is located here: https://www.uscis.gov/i-864p

Can I provide Business assets to supplement my income?

Yes, but there is a catch:

Here are 3 examples to help paint a better picture:

Vehicle is valued at $65,000. If the Business Owner owns 100% of the vehicle (no loan), and has a personal vehicle or motorcycle, the vehicle can be added from the business and would add about $22,000 to the current year’s AGI, for I-864 Purposes.

Many businesses have an office location. That commercial real estate can be used. An office building, even small one, can have a rather large “price tag” / value. The Tax Assessment, Mortgage Statement, and Deed can show the property’s equity. A building valued at $300,000, and with an equity of $90,000, can be added from the business and would add about $30,000 to the current year’s AGI, for I-864 Purposes.

The equipment is valued at $500,000. If the Business Owner owns 20% of the equipment and the other 80% is covered by the loan, the equipment can be added from the business and would add about $33,000 to the current year’s AGI, for I-864 Purposes.

Are there other resources on the I-864?

Below is a brief list of common I-864 related topics:

The post I-864: Self Employment and Business Ownership appeared first on Fickey Martinez Law Firm .

E-filing DACA: An Important Improvement for USCIS

Wed, 27 Apr 2022 19:07:00 GMT

On April 12, 2022, USCIS announced the commencement of an electronic filing option for Deferred Action for Childhood Arrivals (DACA) Renewals.

This is EXTREMELY important in:

If you do not have an Online USCIS Account and you need to Renew your DACA within the next 150 – 120 days, it doesn’t hurt to check out the Online USCIS Account. The platform may be “foreign and bulky” at first, but it is very user-friendly once you get used to it.

Additionally, the part that is most exciting, this move to electronically file DACA Renewal Filing is estimated to move about 6% of all USCIS Filings in a year (about 450,000 immigration filings) to a format/platform that is extremely efficient for USCIS Officers. 6% may seem like a small number, but with every little addition to the USCIS Online System, USCIS moves 1 step closer to an efficient electronic-based system (versus an ancient paper-based system) and a step closer to reaching a final solution to USCIS’s greatest issue: Extremely long immigration backlogs.

Source: https://www.uscis.gov/newsroom/news-releases/uscis-announces-online-filing-for-daca-renewal-forms

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What can a K-1 Visa Holder Legally do in the US while they wait for the EAD Card and Green Card?

Wed, 27 Apr 2022 16:04:00 GMT

Congratulations on arriving to the US on a K1 Fiance Visa!!! Hopefully, the Wedding / Marriage Ceremony was beautiful.

This post will focus on the most common follow-up questions associated to the K1 Period between (1) Entry to the US on the K1 and (2) Receiving either the Green Card or Employment Authorization Document.

In short, a Fiance should be ready to wait for the Green Card or Employment Authorization Document. The K1 Visa allows a Fiance to begin the immigration process, specifically the Adjustment of Status, after marrying the 1 petitioning US Citizen that has been patiently waiting to get married.

Below is a more thorough explanation for common questions:

Can a K1 Receive a Social Security Card?

Yes, a Social Security Card is very important for:

More information on “How” and “When” to apply for a Social Security Card can be found here: /immigration/k-1-fiance-visa/how-can-a-k1-visa-holder-get-a-us-social-security-card/

Does the K1 need to leave the US after 90 days?

No, if the Fiance Marries the Petitioning US Citizen, they MUST stay in the United States and begin the Adjustment of Status process.

More info here: /immigration/k-1-fiance-visa/my-k1-fiance-visa-is-expiring-do-i-have-to-leave-the-united-states/

What If I Marry After the 90 Day Period?

If you marry the petitioning US Citizen after the 90-day period, your I-129F would become invalid. However, the i-129F can be replaced by a new I-130 Filing.

If you married another US Citizen (usually after years of overstaying the K1 Visa), you would need to speak with an immigration attorney, as this situation is a little complex.

More information here: /immigration/k-1-visa-holder-married-after-90-days-what-to-do/

Can I drive in the US with a K1 Visa?

No, not really, unless the state DMV issues the K1 Visa Holder a Driver’s License.

An International Driver’s License is generally NOT acceptable for an immigrant or someone now permanently residing in the United States.

If you did receive a Driver’s License, since you have a social security card and a current visa, the Driver’s License may only be valid for up to the 90th day of the K1 Visa. So, it may be extra work for very little return: a driver’s license for 1 to 60 days.

Can I work in the US with a K1 Visa?

No, until after receiving the Employment Authorization Document or the Green Card. A K1 Visa is NOT eligible for employment without DHS Authorization.

Can I work remotely for a foreign job in the US with a K1 Visa?

No, unless the foreign employment has the income being paid for a foreign bank account and there is no US Tax Filing. If transferring the money to the US, you should speak with an accountant or tax preparer. If the employment is paying to a US Bank Account or receiving a US Tax Filing, like a W2 or 1099, then it is not allowed and MUST await the Employment Authorization Document or the Green Card.

Can I attend College with a K1 Visa?

Possibly, however, that will be a determination on the Institution and the type of education.

Technically, a K1 visa is ONLY built to marry and start the immigration process. An F1 Visa is build for attending college. So, on the surface, a K1 is commonly told they are not eligible to attend college.

Although a K1 is a “non-immigrant visa,” it is also an “immigrant visa” that was handled by the Immigrant Division of the US Embassy or Consulate. (Related Posts here: /immigration/k-1-fiance-visa/is-the-k1-fiance-visa-an-immigrant-or-non-immigrant-visa/ ) A K1 Visa Holder is in an immigration process (aka Adjustment of Status), you have an A-number (aka Alien Number or USCIS Number), you have a Social Security Card, and you are not allowed to leave the US.

If you are attempting to enroll in college for a Diploma, or Associates, or Bachelors, or Masters, or Doctorate, it may be best to wait for the EAD Card or Green Card. You would also need to consider the cost for attendance:

Some Colleges will accept/enroll a K1 Visa Holder without an EAD Card or Green Card. It may not be any issues at some colleges, but an issue at others. Community Colleges are usually easier to enroll in. Private, 4-year institutes, and Graduate / Profession School usually require US Citizenship, Lawful Permanent Residence, or Current Immigration Status.

For USCIS Purposes and the Adjustment of Status filing, attending college is not a “BAR” to receiving a green Card. An immigrant and an immigrant-in-waiting / pending I-485 can eventually work, travel, and attend college once authorized by USCIS. As long as you are honest with the college, you do not commit perjury, and you do not state you are a US Citizen on college or financial aid documents, you should be fine.

Again, a K1 is generally not eligible for financial aid UNTIL the Green Card is received and Lawful Permanent Residence is granted.

HOWEVER, If you are attending a “continuing education program,” which isn’t a degree or diploma program type of education, that usually does not require “actual enrollment in the institute” and:

Common continuing education programs are ESL (English as a Second Language) and Spanish in the Workplace.

Can I Volunteer in the US with the K1 Visa?

Yes, you can volunteer AS LONG AS it is a position that is NOT NORMALLY PAID.

Meaning, that you should not “volunteer” as a manager of a store, since that is normally a paid job. Some people try to “volunteer” and “get paid in a lump sum later, which invites a host of problems.

Can I get Divorced with the K1 Visa, but before I receive a Green Card?

Yes, you are NOT required to remain married if the marriage is not healthy or going well.

However, you may not be eligible for a Green Card, if you divorce before acquiring a Green Card. You would speak to an Immigration Attorney as this matter can be delicate and policies are frequently updated surrounding Green Card Eligibility and what is needed to do.

Can I File Taxes with the K1 Visa?

Yes, once you have a Social Security Card or an ITIN, you would be able to file taxes jointly with your US Citizen Spouse.

Can I get a Credit Card with the K1 Visa?

Yes, you will normally need a Social Security Number in order to apply for a Credit Card. You may also require your spouse’s co-signing, your Spouse’s Income History, and your Spouse’s Credit History in order to be eligible.

Can I give birth to our child and apply for Medicaid with the K1 Visa?

Yes, as long as it is being used solely for the Prenatal, Delivery, and Post-partum of the US Citizen Child, AND there is no fraud or misinformation in the medicaid application. Do not state you are a US Citizen, when you are not, and do not state an incorrect income amount or past tax filing amount / past AGI amount.

Can I Travel with the K1 Visa?

A super common question for K1 Visa Holders: can a K1 Travel domestically or internationally with the K1 Visa?

A K1 can always travel domestically, within the United States, with the K1 Visa, regardless if within the 90-day or after the 90-day period. The K1 permitted you to come to the US to marry, be with the spouse, and it does not “lock you down” to one location in the US. However, regarding international travel, the K1 Visa DOES NOT permit multiple entrees to the United States. So, you cannot travel abroad until you either receive the Green Card or Employment Authorization/Advance Parole Document (also called a Combo Card or Travel Permit).

The post What can a K-1 Visa Holder Legally do in the US while they wait for the EAD Card and Green Card? appeared first on Fickey Martinez Law Firm .

When should a J1 / J2 perform a DOS Advisory Opinion?

Wed, 27 Apr 2022 13:50:00 GMT

This Post could have many different titles, refer to many common terminologies, and pose many different / related questions. We need to first try to encompass all of these items before addressing the main topic of the “Advisory Opinion.”

A J1 can also be called an Exchange Visitor, or be linked to a common field associated to the J Visa:

The J1 Visa Restriction can also be termed:

The common related questions could be:

What is an Advisory Opinion?

An Advisory Opinion is a clear statement on whether someone is or is not subject to the J1 Restriction. If an Advisory Opinion states NOT SUBJECT, and the DS-2019 or Visa states SUBJECT, the Advisory Opinion is ALWAYS Correct.

What determines whether someone is SUBJECT to the J1 212(e) Specials Skills List?

Two factors determine whether someone is SUBJECT: (1) Country and (2) Field and Knowledge.

What Countries are subject to the J1 Restriction?

The Following Countries are Subject:

Source: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html

What Skills and Fields are subject to the J1 Restriction?

The Skills List is a 25-page document with many categories/fields/subjects. Search for your field of knowledge/skill, not to be confused with your Subject/Field Code number. The Number is “Specific” and you need to broadly view the entire field. Example, if you are a 5th grade math teacher, you are generally subject because:

If your field of knowledge/skill is not listed, find the broader, more general subject group that it falls under. Every field of knowledge/skill is listed on the Master Skills List or is part of a broader, more general subject group.

Source: https://www.federalregister.gov/documents/2009/04/30/E9-9657/2009-revised-exchange-visitor-skills-list

What if I am confused on whether I am really SUBJECT or there is an inconsistency in my DS2019 or Visa?

Then an Advisory Opinion may be beneficial.

Why should I even care whether I am subject or not subject to the J1 Restriction?

The J1 Restriction can affect what you do next. The Restriction can prevent:

The J1 Restriction means you have to return to your home country for a minimum of 2 years. That restricts:

If you are not able to return or remain in the home country for the 2 year residency period, many then need to persue are possibly timely or expensive J1 Waiver process. The Advisory Opinion would determine if a waiver would be required. It may be economical to know if a 1 year long waiver is needed, or if you need to pay for the DS-3035 Waiver Filing Fee, or if you need to pay for the I-612 / $930 Waiver Filing Fee.

Thus, seeking an Advisory Opinion may be beneficial to get the answers / final determination needed on the very important topic:

Am I SUBJECT or NOT SUBJECT to the J1 212(e) Specials Skills List.

The post When should a J1 / J2 perform a DOS Advisory Opinion? appeared first on Fickey Martinez Law Firm .

VA Disability and US Immigration

Mon, 25 Apr 2022 14:30:00 GMT

This Blog Post is written for both a Petitioner (Spouse, Parent, Child, and Sibling) that is sponsoring a family member to receive a Green Card, and also a Co-sponsor that is joining an immigration filing to help support the Financial Stability Review, also known as the I-864 Affidavit of Support.

What is the I-864?

For starters, the I-864 Affidavit of Support is a required component for Green Card Filings, both the I-485 Adjustment of Status (Domestic USCIS Field Offices) and the DS-260 Immigrant Visa (Consulate/Embassy). The Purpose of the I-864 is to review financial stability for the benefit of the immigrant.

The I-864 is a “contract” between the sponsors and the US Government to ensure the Immigrant will be financially stable and NOT go on Public Benefits while holding the Green Card. Public Benefits are items such as Food Stamps, Section 8 Housing, Ect. If the Promise is broken, the US Government will seek REIMBURSEMENT from the sponsor(s) for any benefits provided to the Immigrant.

I make enough, but USCIS says I don’t?

( Could Also be titled: I Received an RFE, but USCIS didn’t accept the VA Disability? or The NVC stated my Income requires a Co-sponsor, but I have Veteran Income?)

It is needed to understand how USCIS does its MATH. USCIS performs two (2) types of evaluations:

USCIS . . . MUST . . . be able to establish “sufficient annual income” in both the past 3 tax years AND the current Employment Income, in order to establish “financial stability.”

What is more important, having the past 3 years of qualifying income or qualifying current/future income? 100% current/future income is better. USCIS looks at the past, to HELP assess the current and future income. If you have a GREAT past 3 years, but you are dirt poor currently, only having $100 in the bank account today, USCIS would not accept the sponsorship.

For Example: There are scenarios where someone did not have employment for the prior 3 years, normally due to high school or college, and then started working a stable income, 9-5 Job, with a 12 or 13 dollars an hour rate. With a few pay stubs, a letter from the employer stating they are a great worker and show no signs of leaving, that sponsor may be “stable enough” for immigration purposes, since everyone has to start somewhere when they are young.

However, for this post, we will discuss Veteran Income, specifically VA Disability.

How does USCIS review Veteran Income?

First, it is important to note, Veteran Income can be broken into two (2) Categories: Permanent and Temporary.

Examples of Permanent Veteran Income are:

Examples of Temporary Veteran Income are:

Second, USCIS only accepts “Permanent Veteran Income.”

Why is that? USCIS is looking for “future stability,” and temporary income does not meet those needs. Additionally, the GI Bill is supposed to be used for education and the Temporary VA Disability is supposed to be used for supplementing income and addressing shortfalls from the disability.

So the GI Bill isn’t acceptable? No, it is nice to see and show to an immigration officer, since education usually leads to a better job and higher income, but it isn’t a stable income. You could fail a class or not be able to attend classes, and the GI Bill would immediately cease (or you could be required to pay back).

Can I use BAH (Basic Allowance for Housing / Basic Housing Allowance)/ BAS (Basic Allowance for Subsistence)? That is a common “Active-Duty Question,” but it can be used in the current income calculation. It is tax-exempt, a great way to build equity in real estate or save on food costs, and usually clears the I-864 evaluations with ease.

REWIND, You Said USCIS performs two (2) types of evaluations?

Yes, USCIS Performs two (2) types of evaluation, regarding taxable income. Military Retirement would be taxable and appear in the prior tax filing, BUT VA Disability is not taxable and is “invisible” in the first evaluation .

In order for USCIS and the NVC to review a “non-taxable” permanent veteran income, the following are normally required:

Wouldn’t the Information Letter be sufficient? Not really. The Letter may state the monthly and annual amount to be received, but were the payments “actually” received. Providing 12 months of bank statements proves: (1) past payments actually occurred, permitting USCIS to qualify the non-taxable income, (2) it shows that there are not “deductions” from that income, in instances of Alimony or Child Support (USFSPA related matters), and (3) it complies with USCIS’s Direct Deposit document requirement.

Dominican Republic Birth Certificate, Marriage Certificate, and Divorce Decree requirements for US Immigration Purposes

Fri, 01 Apr 2022 21:39:00 GMT

Birth Certificate

Marriage Certificate

Divorce Certificate

Dominican Birth Certificates:

There are several versions of Dominican Republic birth certificates:

a short-form birth certificate, mainly used for school enrollment purposes
an abstract version birth certificate (extracto de acta) which only highlights the major points contained in the full length “acta”
a long-form birth certificate called an inextensa

The US Government ONLY accepts the: Acta Inextensa de Nacimiento. The Acta is available at the local Official Civil Registry. The issuing agency must be the: Oficina Central de Registro Civil en la Junta Central Electoral en Santo Domingo.

Dominican Marriage Certificates:

Marriage in the Dominican Republic falls into two categories: civil marriages and religious marriages. Regardless of whether the marriage was religious or in the civil registry office, the official marriage certificate will be required as proof of marriage.

The US Government ONLY accepts the: Acta Inextensa de Matrimonio. The Acta is available at the local Official Civil Registry. The issuing agency must be the: Oficina Central de Registro Civil en la Junta Central Electoral en Santo Domingo.

Dominican Divorce Certificates:

The US Government ONLY accepts the: Acta Inextensa de Divorcio. The Acta is available at the local Official Civil Registry. The issuing agency must be the: Oficina Central de Registro Civil en la Junta Central Electoral en Santo Domingo.

The divorce judgement or sentencia de divorcio has to be filed in the Office of the Civil Registry after the court judgment has been rendered. A Court-filed Document would not be accepted in lieu of the Civil Registry Record: Acta Inextensa de Divorcio.

Note: Our Law Office does not assist in acquiring Birth Certificates. Due to Privacy or needing to be a citizen of that country, only the person named on the birth certificate is normally the only person permitted to request such documents.

The post Dominican Republic Birth Certificate, Marriage Certificate, and Divorce Decree requirements for US Immigration Purposes appeared first on Fickey Martinez Law Firm .

Visual Guide: Setting Up an Online USCIS Account and Finding a Filing Prepped by a Law Firm

Mon, 14 Mar 2022 20:07:00 GMT

The Online USCIS Account is a tremendously beneficial system. Filings can be instantly submitted to USCIS, and more importantly, all USCIS Notices can be provided electronically to a Client/Applicant and the Law Firm.

This guide will be a visual, step-by-step resource in (1) the setup of a new USCIS Account OR (2) adding a new filing to an Existing Account.

Setting Up a New Account

FIRST, before you get into creating a new USCIS Account, please know that the email used by the Law Firm is the ONLY WAY to be linked to a “law firm prepared” filing . If you do not remember what email you provided to the law firm, it is ideal to check now before setting up a new account.

Step 1: Go to USCIS.GOV

Step 2: Sign Up Process

Step 3: Create a Password

The Password should be 8 to 64 characters long. PLEASE keep this password in a safe location. You can write it down on a piece of paper or a sticky note, save it in an email to yourself, add it to an online email password saving feature, keep it on google keeps, use your devices notepad feature.

Step 4: Setting up a 2-Step Verification Method

First, it is easiest to select the Text Message or Email Verification Method. Second, please save the Backup Code. Third, it is ideal to select the five (5) BEST Password Reset Answers. You can write down the backup code and reset answers in a safe place.

Step 5: Selecting the Account Type

Please select: I am an Applicant, Petitioner, or Requestor

Step 6: Entering the Representative Code to access the Electronic Filing

The G-28 Passcide connects your USCIS Account to the filing the Law Firm created for you. Again, it is 100% only available to the email provided to the law firm. If the emails MATCH, the passcode will make the USCIS Filing automatically appear in the USCIS Account for you to review.

Adding a new filing to an Existing Account

After Logging Into your Account, simply select “Enter a Representative Passcode”

The post Visual Guide: Setting Up an Online USCIS Account and Finding a Filing Prepped by a Law Firm appeared first on Fickey Martinez Law Firm .

New Features of the USCIS FY2023 H-1B CAP Registration Process

Thu, 03 Mar 2022 19:10:00 GMT

The USCIS hosted an H-1B Electronic Registration Webinar on February 24, 2022. For H-1B Electronic Registration step-by-step guidance, please visit here . The following are some of the newly added features for the FY 2023 H-1B Electronic Registration System:

It is therefore important for an employer to consult an attorney, before you submit any H-1B Electronic Registration, to ensure that the offered position is qualified for a specialized occupation under the H-1B regulations, that the employer’s offered salary meets the requirements, and that the foreign national is qualified for such position according to the regulations.

If you are interested in knowing more about the H-1B visa and the Registration process for the FY 2023 H-1B Cap, please do not hesitate to contact our office to schedule an appointment with our attorneys.

Other Related Blogposts:

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FY2023 H-1B Registration Timeline Update

Mon, 14 Feb 2022 17:52:00 GMT

February 21, 2022: Employers may open a new account with the USCIS H-1B Electronic Registration at noon EST

March 1, 2022: H-1B Electronic Registration Begins at noon EST

March 18, 2022: H-1B Electronic Registration Closes at noon EST

Before March 31, 2022: USCIS will notify the selected Employer the selection results

April 1 – June 30, 2022: H-1B Petition Submission Period for the selected registrations

Before you register:

If it is the first time that the Employer files a H-1B petition for the foreign national Employee, the Employer will first need to open a MyUSCIS account with the USCIS H-1B Electronic Registration system. An Employer may have multiple accounts but only one registration per foreign national by that Employer. Duplicate registrations will make the selection denied by the USCIS.

What kind of information do I need to provide in the registration?

Please note that the Employer only needs to provide basic company information and the personal information of the Beneficiary. The job position/title and the salary information does not need to be provided in the H-1B Electronic Registration. The Electronic Registration fee is $10 per beneficiary.

How do I know whether my case is being selected for FY2023?

Before March 31, 2022, the USCIS will notify the registered Employer the H-1B selection status. An Employer registrant’s USCIS online account will show one of the following statuses for each registration:

Only those whose status show “ Selected ” may submit the H-1B Petition to the USCIS between April 1, 2022 and June 30, 2022.

For more detailed information and the step-by-step guidance, please go to the USCIS website here .

If you have any questions in regards to the H-1B Registration Process, need help in filing a H-1B Petition, or if your case is not being selected and you wonder whether you have other work visa options, please contact our office and schedule an appointment with one of our Attorneys. We wish you the best of luck in this H-1B Electronic Selection Process!

Related Blogposts:

The post FY2023 H-1B Registration Timeline Update appeared first on Fickey Martinez Law Firm .

Canada Police Certificate: US Visa Document Requirement

Mon, 31 Jan 2022 16:06:00 GMT

The Canada / Canadian Police Certificate is a requirement for a number of US Visas, most importantly to include:

The Police Certificate is similar to an FBI Fingerprint Check within the United States.

Where can the Police Certificate be requested?

The Royal Canadian Mounted Police, as of September 10, 2018, performs a fingerprint-based record check of the RCMP’s National Repository of Criminal Records through their Canadian Criminal Real Time Identification Services (CCRTIS).

The RCMP website can be located here: www.rcmp-grc.gc.ca

To obtain the Police Certificate, you must submit your fingerprints to a local police service or RCMP-approved partner agency.

Based on the province, the Police Certificate may be called It is also known as:

There are a few RCMP Options, which is required for US Immigration?

What does the Canadian Police Certificate look like?

An example pulled from Google Images can be seen below:

What if my Police Certificate shows a record exists, what should I do?

Applicants MUST provide court records for any dismissed and convicted court matters.

Applicants who have been convicted of a crime in Canada should obtain a certified copy of court records from the clerk or registrar of the court in which they were convicted.

Please Note: Canadian pardons have no effect under U.S. law. Applicants who have been convicted of a crime in Canada that was subsequently pardoned must contact an RCMP office to obtain both a Certified Criminal Record Check and copies of their pardoned criminal record.

In cases of controlled substance violations (such as drug possession, sales, or trafficking), court records should indicate the type and quantity of the substance involved. If court records do not include this information, applicants should seek to obtain it from the records of the police service that investigated the case or the Crown prosecutor’s office that prosecuted it.

The post Canada Police Certificate: US Visa Document Requirement appeared first on Fickey Martinez Law Firm .

Fear of Turning 21: “Aging Out” Your Derivative Visa Status

Fri, 28 Jan 2022 20:14:00 GMT

Many foreign nationals have brought their families to the United States in pursuit of career advancement or employment opportunities. They generally acquire a temporary nonimmigrant visa (such as F-1, J-1, L-1, or H-1B) in the United States while their spouse and/or children have a derivative visa status (such as F-2, J-2, L-2, or H-4). However, not all foreign nationals are aware of the fact that, by the time their children reach the age of 21, the children will lose their derivative visa status and will need independent (non-derivative) visas for themselves.

A 2020 Shift due to COVID

Before COVID, aging out did not seem to be a serious issue because it was easy to cross the border and apply for a new temporary nonimmigrant visa.

During the COVID, however, with the quarantine restrictions and restrictive policies in the U.S. Consulates abroad, many foreigners chose to stay and renew their visas within the United States.

In addition, when entering at the port of entry, the Customs Border Patrol (CBP) may not issue the I-94 with the expiration date as of the child’s 21st date of birth. This leads to a considerable amount of confusion because foreigners often rely on the I-94 or the visa stamp on the passport to determine the expiration date of their status. Therefore, many foreign nationals do not change their children’s status before they turn age 21, and these children will fall out of status.

The I-539 Filing Option

Since there are a lot of delays at the US consulates and US embassies, changing status within the United States with USCIS can be more ideal. However, a Change of Status takes time to process and can require extra steps if the principal visa holder (parent) is a J-1 subject to Sec. 212(e) with two year home residency requirement. While a J1 waiver may not be required for a J-2 to obtain another nonimmigrant visa stamp (F-1 or B-2) in the U.S. Consulate office, it can be required when filing an I-539 Change of Status application within the United States with USCIS.

If you are currently in the United States working with a nonimmigrant visa and have a child close to age 21 in a derivative status of your temporary visa, please talk to an experienced immigration law attorney to assess the situation and find the appropriate action to take to secure your child’s status within the U.S.

The post Fear of Turning 21: “Aging Out” Your Derivative Visa Status appeared first on Fickey Martinez Law Firm .

Because of COVID, I can’t see my Fiance and start the K1 Visa Process

Mon, 10 Jan 2022 16:20:00 GMT

This is probably the most common statement among K1 Visa Applicants that DO NOT meet the Physical Meeting Requirement of the I-129F Petition. Many US Citizens believe that COVID has still “closed” the world as it did back in 2020.

However, throughout 2021, most of the world “reopened”:

The topic of whether Covid is “stopping” a US Citizen from seeing a foreign fiance practically ended in 2020 by the “reopening” mentioned above.

The I-129F Fiance Physical Meeting Requirement can normally be accomplished by the US Citizen traveling to the foreign country of the fiance (or both fiancees can meet in another country that is not the US or the fiance’s home country). If Visas are required, they should be acquired at the Foreign Country’s Embassy well in advance of the estimated travel.

Can a K1 Fiance Visa Holder legally work after getting married?

Fri, 07 Jan 2022 20:01:00 GMT

[ Leer Post en Espanol ]

This is a very common question, but the topic should be divided into many parts to better understand.

First, A Social Security Card affects nearly every aspect of life in the United States, such as:

The Social Security Number is an identification number that helps prove identity.

Second, here is some guidance on applying for a Social Security Card: /immigration/how-to-apply-for-a-social-security-card-at-the-local-ssa-office-and-what-documents-are-needed-for-immigrants/

Third, it is important to understand that SSA allows a 60-day period out of the 90-day K1 Visa Period to apply for a Social Security Card. More information can be found here: /immigration/k-1-fiance-visa/how-can-a-k1-visa-holder-get-a-us-social-security-card/

Fourth, a Social Security Card can be annotated and unannotated. The Annotation: VALID FOR WORK ONLY WITH DHS AUTHORIZATION means that an Employment Authorization Card, issued by USCIS (a part of DHS), would be required in order to work. More information on the annotation is found here: /immigration/adjustment-of-status/dhs-annotated-us-social-security-card-versus-an-unannotated-us-social-security-card/

Can a K1 Visa Holder work?

Yes and No. Yes, if they have an EAD Card in hand, and no if they DO NOT have an EAD Card in hand.

Although a K1 Visa Holder can apply for Employment Authorization during the 90-day fiance period under the A6 Category, this option is almost never pursued. It is not economical to apply for employment authorization that would expire within a handful of weeks or days. Additionally, it is not well-welcomed by an employer who would hire a K1 for a few days or weeks, to then terminate employment once the EAD Card expires on the 90th day the K1 is in the US.

Employment Authorization is more commonly applied for under a free I-765 filing with the Adjustment of Status under C9 Category. An EAD Card under this option is valid for 2 years and free. This is more feasible than the A6 Filing Option.

The post Can a K1 Fiance Visa Holder legally work after getting married? appeared first on Fickey Martinez Law Firm .

What qualifies for the K-1 I-129F hardship waiver?

Sat, 01 Jan 2022 14:57:00 GMT

In order to be eligible to petition a K-1 fiancée visa for a foreign national, the US government requires the United States citizen to physically meet the foreign fiancé within the past two years. This requirement is often proven by plane tickets, photos, and social media posts.

However, probably one of the most common questions regarding the fiancée visa eligibility, who is eligible for a waiver of this physical meeting requirement based on “Hardship.”

Why is a physical meeting important to the US government?

Marriage is a big step, and the US government wants US citizens to know the exact kind of person they are marrying. A long-distance relationship can be beautiful, but a marriage would be completely different. Once married, the relationship would be in-person, day-to-day.

Additionally, with the rise of online dating, a physical meeting would help prevent catfishing.

What exactly is hardship?

Hardship can generally be described in one of three categories:

Only the hardship of a US citizen can be recognized by the US government. Any hardships of the foreign national are usually ignored.

Additionally, US immigration would only recognize the hardship that rises to the level of extreme . The hardship must be so extreme that it prevents the US citizens from physically meeting the foreign fiancé within the past two years .

Financial hardship is rarely a qualifying argument. If the ability to meet each other in person is hindered by the lack of finances, the petitioner would likely fail their ability to sponsor the foreign national for a visa and to sponsor the future spouse for a green card. The US citizen unemployed has a greater chance of the foreign national going on welfare in the United States, which would likely impose an immigration bar on the foreign national ever being permitted to come to the US due to the possibility of becoming a Public Charge. Thus, although financial hardship can exist for “other waiver filings,” Financial Hardship is not applicable to the I-129F waiver of the Physical Meeting within the past 2 years requirement.

Would Government Interest constitute a Hardship?

This category of hardship generally applies to Active-Duty Service Members in the US Army, Navy, Marine Corps, and Air Force. A Reservist or Veteran does not usually qualify since they are not deployable. Deployability and anything that negatively affects deployability could be considered in the “Government’s Interest.”

However, the US Military and the US Immigration System would only consider the relationships to Spouses, Children, and Parents to be able to affect deployability, and thus in turn rise to the level of Government Interest. A Girlfriend/Boyfriend and Fiance are NOT a strong enough relationship to affect deployability.

For instance of a Civilian Independent Contractor working for the US Government, such as the DOD, do not have “deployability” issues and the government is only interested in the “contractor” they offered the contract to. A Girlfriend/Boyfriend and Fiance are NOT a strong enough relationship to affect the government contract.

For purposes of security clearance (for both service members and civilian contractors, although “any relationship with a foreign national” can affect security clearance, disclosing the relationship and starting an immigration process usually resolves any issues the government may have. Since disclosing resolves the issue, a hardship would not be created.

What would qualify for this waiver?

To help visualize what constitutes “extreme hardship”, something that is outside of the normal aspects of hardship, the following hypotheticals situation would be able to help visualize:

The post What qualifies for the K-1 I-129F hardship waiver? appeared first on Fickey Martinez Law Firm .

¿Es la visa de prometido K1 una visa de inmigrante o no inmigrante?

Fri, 06 Aug 2021 17:22:00 GMT

Constantemente, la gente dice que un amigo o familiar recibió una entrevista para la visa rápidamente en la Embajada o el Consulado de los Estados Unidos. Esta publicación de blog discutirá las diferencias entre las categorías de visa: inmigrante y no inmigrante y, con suerte, aclarará muchos de los malentendidos comunes que rodean el proceso de visa K1 en la embajada o el consulado de los Estados Unidos.

La visa K1 se describe MEJOR como una “visa de inmigrante” porque:

Aunque la visa K-1 usa la solicitud de visa de no inmigrante DS-160 y algunas embajadas / consulados pueden referirse a la visa K-1 como una visa de no inmigrante, es 100% diferente de otras visas de no inmigrante.

En qué se diferencia la visa K1 de la visa de turista B1 / B2?

Una imagen puede demostrar muchos más pasos en la visa de inmigrante de prometido K-1 contra la visa de turista no inmigrante.

Después de recibir la aprobación I-129F de USCIS, hay tres (3) cosas a tener en cuenta:

Primero, la presentación se transfiere de USCIS al NVC y luego a la Embajada / Consulado de DOS. Esta transferencia NO es rápida. Nunca hay una gran línea de tiempo o estimación, pre-COVID o Post-COVID. El Gobierno no da una estimación. El Gobierno da el genérico “unas semanas a unos meses”. Llega allí cuando llega.

En segundo lugar, USCIS proporciona un período de validez de 4 meses del I-129F. Este período se revisa y extiende automáticamente en la Embajada o el Consulado de los Estados Unidos. El tiempo de procesamiento y las demoras fuera de su control no son algo que deba tomarse en su contra.

En tercer lugar, los enfoques inmediatos después de recibir un aviso de aprobación I-129F deben ser:

Preguntas de seguimiento comunes sobre este tema:

Puedo elegir CUALQUIER Embajada o Consulado de los Estados Unidos para la entrevista de visa de prometido?

No, SOLO puede asistir a una Embajada o Consulado con una División de Inmigrantes. Por ejemplo:

Puedo solicitar un procesamiento más rápido para obtener una entrevista de visa de prometido más rápido?

No, las solicitudes urgentes son raras y el gobierno de los Estados Unidos. Consideraría tal solicitud si:

Por ejemplo:

El gobierno de los Estados Unidos NO acelera una presentación simplemente porque el peticionario es un miembro del servicio activo. NO es de interés para el gobierno de los Estados Unidos que su empleado se case. El matrimonio puede provocar complicaciones y disminuir la capacidad de despliegue. En términos de un miembro del servicio activo, si el miembro del servicio HA cometido intentos de suicidio y está siendo dado de alta por PTSD o por otras razones psicológicas, traer un prometido (una influencia positiva) a los Estados Unidos más rápido podría ser un argumento a favor de preocupaciones.”

Puedo localizar la presentación de mi prometido en la Embajada o el Consulado de los Estados Unidos?

No, después de que la presentación sale del NVC, no puede “verificar” o “preguntar” cuándo se realizaría una entrevista. La Embajada o Consulado tramitará la presentación en el orden recibido. Cuando la Embajada o el Consulado esté listo para la entrevista, programarán la entrevista o lo invitarán a programarla usted mismo.

Si intenta programar una entrevista ANTES de obtener el permiso de la embajada, pueden surgir complicaciones o su cuenta del consulado podría congelarse, lo que posiblemente provoque más demoras cuando la embajada o el consulado esté realmente listo para entrevistarlo.

The post ¿Es la visa de prometido K1 una visa de inmigrante o no inmigrante? appeared first on Fickey Martinez Law Firm .

Is the K1 Fiance Visa an immigrant or non-immigrant visa?

Fri, 06 Aug 2021 13:56:00 GMT

[Leer Post en Espanol]

All too often, people say that they had a friend or family member receive a visa interview quickly at the US Embassy or Consulate. This Blog Post will discuss the differences between the visa categories: Immigrant and Non-immigrant, and hopefully, clear up a lot of the common misunderstandings surrounding the K1 Visa process at the US Embassy or Consulate.

The K1 Visa is BETTER described as an “Immigrant Visa” because:

Although the K-1 Visa uses the DS-160 Nonimmigrant Visa application and some Embassies/Consulates may refer to the K-1 Visa as a non-immigrant visa, it 100% is different from other non-immigrant visas.

How does the K1 Visa differ from the B1/B2 Tourist Visa?

A visual can show many more steps in the K-1 Fiance Immigrant Visa versus the Tourist non-immigrant Visa.

Approved I-129F Transfer Process:

After receiving the I-129F Approval from USCIS, there are three (3) things to note:

First, the Filing is being transferred from USCIS to the NVC and then to the DOS Embassy/Consulate. This transfer is NOT quick. There is never a great timeline or estimate, pre-COVID or Post-COVID. The Government does not give a timeline or estimate. The Government gives the generic “few weeks to a few months.” It gets there when it gets there.

Second, USCIS provides a 4-month Validity Period of the I-129F. This period is automatically reviewed and extended AT the US Embassy or Consulate. Processing time and delays outside-of-your-control are not something to be held against you.

Third, the immediate focuses after receiving an I-129F approval notice should be:

Common Follow-up Questions on this topic:

Can I choose ANY US Embassy or Consulate for the Fiance Visa Interview?

No, you can ONLY attend an Embassy or Consulate with an Immigrant Division. For Example:

Can I request faster processing to get a Fiance Visa Interview quicker?

No, expedite requests are rare and the US Government would consider such a request if:

For example:

The US Government DOES NOT expedite a filing merely because the Petitioner is an Active Duty Service Member. It is NOT in the US Government’s interest to have their employee get married. Marriage can lead to complications and diminish deployability. In terms of an Active Duty Service Member, if the Service Member HAS committed suicide attempts and is being medically discharged for PTSD or other psychological reasons, the bringing of a fiance (a positive influence) into the US quicker could make an argument for “Humanitarian Concerns.”

Can I Track the Fiance Filing at the US Embassy or Consulate?

IMBRA: International Marriage Broker Regulation Action and the K-1 Visa Process

Fri, 25 Jun 2021 14:02:00 GMT

In every K1 fiancée visa process, the foreign fiancé, while completing their recent application, must acknowledge that they have reviewed and understand the IMBRA pamphlet.

A link to the pamphlet can be found here: English IMBRA Pamphlet

The pamphlet is also available in other languages:

What is the purpose of IMBRA?

In 2005, the US government sought to protect women from being placed in dangerous positions and dangerous relationships.

Foreign Fiances immigrating to the US, enter an English-speaking country and leave behind friends and family. The risk of isolation is high, and when isolated, abuse may go undetected.

The US Government can foresee a high rate of abuse being likely from certain US Citizens with criminal pasts. Some common crimes that make a US Citizen ineligible to petition a Fiance are:

What if I met my Fiance on an International Dating Site?

IMBRA regulations require the dating site to essentially:

The post IMBRA: International Marriage Broker Regulation Action and the K-1 Visa Process appeared first on Fickey Martinez Law Firm .

US Immigration: Multiple Marriage Certificates to the Same Person?

Fri, 23 Apr 2021 14:41:00 GMT

Marriage is very beautiful, it can be a lot of fun, it can also cause a lot of confusion if you marry too much. For example, if a couple marries once in the Philippines or Colombia, and then “again” in the United States, they run into the question:

Which Marriage or Marriage Certificate is valid? and the better question, which is accepted by USCIS for immigration purposes?

This blog post will answer this common question and situation.

Why would someone marry the same person more than once?

Now, we are not talking about remarrying after divorce. Rather, some believe a marriage can only be recognized if the marriage occurs in a given country.

If your spouse is from Colombia, you would want Colombia to recognize the marriage. You may also want the family in Colombia to attend the wedding. But, the US Citizen Spouse would also want their family to attend a wedding in the US and would want the US to Recognize the wedding.

Similarly, another common situation, you perform a Marriage Ceremony by double proxy in Montana (possible option for active-duty service members) while stationed overseas in Germany (or Italy, or South Korea, or Japan, or Spain, ect), but then thereafter marry in Germany.

Hopefully, we are now on the same page of the same book.

Which Marriage is recognized?

Only the first, legal marriage, acknowledged by the local government would be considered legal and accepted by USCIS.

So, usually, the first marriage wins.

The NVC, aka National Visa Center, states guidances on what type of document and which agency is required to produce an acceptable Marriage Certificate that would be recognized by the US and US Immigration Agencies.

Better Alternative:

Just marry once, doing it right the first time, and just renew your vows at a beautiful ceremony.

If you would like to set up a consultation, please feel free to call Fickey Martinez Law Firm at (910) 526-0066 or message us through our website’s Contact page.

H-1B Visa Stamping

Tue, 06 Apr 2021 19:04:00 GMT

Now that you get your H-1B approval when you are inside the United States and begin working on your H-1B visa. However, you need to go back to your home country for a family emergency. But you don’t have a H-1B visa stamp on your passport. Do you need a H-1B visa stamp in order to return to the United States for your work and your life?

Yes you do. Even when you have already changed your status within the US, having an approved H-1B visa does not mean you will be given automatic entry into the United States. When you arrive at any port of entry (airport or checkpoints), you will have to undergo security clearance before you can be allowed to enter the country. Your visa stamp is one of the requirements to prove that you have valid authorization to travel to the United States and the visa you have dictates whether you are permitted to work while you are in the States.

So now you need to apply for a H-1B visa stamp. What do you need to do or to bring to get a visa?

Step I: Interview Scheduling

You will need to:

Step II: Prepare and Attend the Visa Interview

Documents to bring with you:

If your spouse or child(ren) needs to get a H-4 visa stamp, they should bring the following documents:

H-4 Visa Interview Documents:

We could only list the general document requirements for H-1B visa stamping. Please inquire at the U.S. Consulate in your country whether they are open for non-immigrant visa interview appointments and about which documents are needed. Lists might be different in each country. Before going in for your interview, please make sure you are well prepared and take all relevant documents with you. You will need to know all your materials and the information in the forms in order to answer all questions confidently and honestly.

FAQ for H-1B Registration Rules

Tue, 02 Feb 2021 16:33:00 GMT

Feb 24: Prospective petitioners may begin creating H-1B registrant accounts ( accounts creation will remain open throughout the entire registration period). Representatives may create an account at any time.

March 1: H-1B registration period opens at noon ET

March 20: H-1B registration period closes at noon ET

March 31: Date by which USCIS intends to notify selected registrants.

April 1: The earliest date that FY 2022 H-1 cap subject petitions may be filed.

June 30: The latest date to file selected FY 2022 H-1B cap subject petition.

Q1: What is the e-registration system for H-1B?

USCIS announced on December 6, 2019 that it will implement a requirement that employers seeking to file H-1B cap-subject petitions for fiscal year (FY) 2021 must first electrically register and pay the associated $10 H-1B registration fee (for each beneficiary) to determine if they may file an H-1B cap subject petition. Only those who register before March 20 and are selected in the lottery may need to submit the actual H-1B application for FY 2022.

Q2: Who can participate in the Electronic Registration process?

(1) The sponsoring employer or its authorized personnel and

(2) Attorneys submitted their G-28s showing the representation relationship to the USCIS.

Q3: Who does not need to participate in the pre-registration process?

(1) Those who already have held H-1B visas for less than 6 years or

(2) Those whose H-1B applications are not subject to annual cap (cap-exempt H-1Bs).

Q4: Where could I register for FY 2022 H-1B?

USCIS uses MyUSCIS online portal to house the electronic H-1B registration process.

Q5: What’s the current cap for H-1B?

The number of issuance of H-1B visa each fiscal year is limited by a cap/quota determined by the U.S. Congress. The current cap is 85,000 with additional 20,000 for foreign workers with a master’s or higher degrees.

Q6: How many H-1B registration will be selected?

85,000 (among which 20,000 will be reserved for those with Master’s degree or above)

Q7: If my future H-1B job is related to my Bachelor’s degree, but unrelated to my Master’s degree, could I join the selection of 20,000 for master’s H-1B?

Yes. Here the USCIS uses the Master’s degree or above of the beneficiary as a criterion to determine if the registration could go for the second 20,000 lottery. It is unrelated to the minimum degree of the position in the actual H-1B application.

Q8: What information needs to be provided by the Employer in the registration?

The Employer’s business name, Federal Employment Identification Number (FEIN); Primary U.S. sponsoring office address; contact person’s name, position, and contact information.

*We are uncertain if the position and salary information should be entered for FY 2022 H-1B Registration.

Q9: What information is needed from the Beneficiary Employee in the H-1B registration?

Full Name, gender, and highest completed degree of the beneficiary (if the beneficiary is eligible for the advanced degree exemption), date of birth, place of birth, nationality, and passport number.

Q10: When will selected registrants be able to begin filing petitions?

Selected registrants should be able to begin filing petitions beginning April 1 (if a business day) and will have at least 90 days from the date of selection to submit a complete H-1B petition to USCIS.

Q11: What if my H-1B registration is selected but my employer refuses to submit an H-1B application?

The employer must verify that it is willing to sponsor H-1B for the foreign worker in the registration. If willful violations of the employer has become a pattern of practice (failing to submit selected H-1B petitions), the employer will be subject to investigation. It is thus critical that the eligibility be analyzed before registration are submitted to ensure that selected beneficiaries may move forward.

Q 12: Will the employer be able to expedite H-1B cap subject applications?

We call expedite services of visa application “premium processing” (“PP”. This fee for premium processing is $1,500. However, it depends on the USCIS announcement as to whether and when to accept Premium Processing request for H-1B.

Q 13: What’s the filing fee for H-1B application?

The filing fee for I-129 is $460; Fraud fee is $500; ACWIA $750 or $1500. But the actual filing fee is subject to change by the USCIS.

Q14: My OPT is about to expire, but I was selected for my H-1B. Could I continue working?

You should submit your H-1B application before your OPT expires in order to be eligible for working during the cap-gap. You may use your cap-gap to work till September 30.

Q15: If my OPT is about to expire and I am not able to submit my H-1B application before OPT expiration date, can I still apply for H-1B?

Yes, so long as you submit your H-1B application within the U.S. during the 60-day grace period after OPT expires. If your 60-day grace period already expires before you submit the H-1B application, you should leave the U.S. immediately but your employer may still submit your H-1B application while you are waiting outside of the U.S. After your H-1B is approved by the USCIS, you may go to the U.S. consulate at your home country to apply a H-1B visa stamp and work in the U.S.

Q16: Could I leave the U.S. after my H-1B registration gets selected but before I submit the H-1B application?

If you are in the OPT status, I would suggest you prepare at least your employment verification letter and the newest salary pay-stubs before you leave the U.S.

Q17: Could I leave the U.S. after my H-1B application is submitted?

If you would like to use your cap-gap (change of status within the U.S. from F-1 OPT to H-1B), it is not recommended to leave the U.S. before your case is approved because once you leave the country, it is telling the USCIS that you give up your change of status application and will affect your rights in using the Cap-Gap. You must consult an immigration law attorney before you leave the country.

Q18: I heard that USCIS will replace the H-1B lottery selection process with the wage selection process. Is it true? Will it affect the H-1B application this year (FY 2022)?

The USCIS has announced the wage selection change as the final rule on 01/08/2021 and will take effect on March 9, 2021. However, the Biden Administration has postponed the effective date of the rule till March 21, 2021. How it will affect the actual H-1B selection process is still uncertain. We will update this blog post as the Biden Administration nominated the new head of the agency and the rule becomes finalized to the public.

UPDATE: On February 5, 2021, the USCIS updated their information about the H-1B lottery selection process. The Wage Selection for Cap Subject H-1B will not be effective until December 31, 2021. For more detailed information, please see here .

Other resources: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process

CBP Stamps: Guidance on the 3-digit POE Code

Thu, 14 Jan 2021 17:16:00 GMT

Below is a list of CBP Codes that are related to all ports of entry locations in the US.

The Port of Entry (POE) is generally found on Passport Stamps, but can also be found on I-94 Records.

Please Note: The Point of Entry is the place someone passes through US customs, it may not be the actual “entry in the US,” nor may it be the final destination in the US. For example, the POE can be Freeport, Bahamas on the way to Maimi, Florida.

The post CBP Stamps: Guidance on the 3-digit POE Code appeared first on Fickey Martinez Law Firm .

Dual Nationality: A List of Countries that may or may not allow two nationalities with one being a Naturalized US Citizen

Fri, 01 Jan 2021 15:00:00 GMT

Dual Nationality is a common topic in US Immigration Law, specifically when someone Naturalizes as a US Citizen. This list is a quick reference guide; however, laws can change in other countries and many countries have many “nuances” that this post will not cover.

Thus, a citizen of a foreign country should consult country-specific resources. As a disclaimer, a US Law Firm or US Attorney can’t fully answer the ramifications of dual citizenship between the United States and a Foreign Country. Naturalizing as a US Citizen could have an effect on foreign citizenship and the best people to refer questions to would be the foreign country’s US Embassy in DC.

Below is a quick reference:

* Specific for the Philippines: The Application process for reacquisition of Philippine citizenship can be found here: http://www.philippinessanfrancisco.org/philippines-dc/consular-services-dc/faq-dc/#dual

The post Dual Nationality: A List of Countries that may or may not allow two nationalities with one being a Naturalized US Citizen appeared first on Fickey Martinez Law Firm .

Requisitos de inmigración de EE. UU .: Certificados de nacimiento, matrimonio, divorcio y policías en Colombia

Thu, 17 Dec 2020 19:27:00 GMT

El proceso de inmigración de los Estados Unidos es muy estricto en lo que respecta a los requisitos de documentación. El Centro Nacional de Visas (NVC) es la guía líder sin importar si está solicitando una Tarjeta Verde en los Estados Unidos a través del proceso de Ajuste de Estatus, en la Embajada de los Estados Unidos en Bogotá o en cualquier otra Embajada / Consulado de los Estados Unidos alrededor del mundo. Esta publicación desglosar los documentos colombianos comunes.

Certificado de nacimiento colombiano:

Nombre del documento: Registro de Nacimiento

Autoridad emisora: El Registro Civil (Registro Civil) del municipio o zona rural en la que ocurrió el nacimiento y certificado por notario público.

El gobierno de EE. UU. Requiere el anverso y el reverso del documento, incluso si el reverso está en blanco.

El Certificado de Nacimiento se emite en papel blanco y certificado por el notario público o la oficina de registro (Registraduría) con una firma original sobre un sello húmedo o una calcomanía. No se aceptan certificados de nacimiento resumidos emitidos por notarios. La embajada requiere la “copia del folio” ya que es una copia del libro en sí y tiene toda la información sobre:

Los registros religiosos no son suficientes para probar el nacimiento.

Procedimiento de obtención: Consulte el Registro Civil de la ciudad / municipio donde tuvo lugar el nacimiento para obtener instrucciones sobre cómo obtener una copia notariada del registro de nacimiento.

Certificado de matrimonio colombiano:

Nombre del documento: Registro Civil de Matrimonio

¿Quién proporciona el certificado? El Registro Civil (Registro Civil) del municipio o zona rural en la que se produjo el matrimonio y certificado por notario público.

El gobierno de EE. UU. Requiere el anverso y el reverso del documento, incluso si el reverso está en blanco.

Cómo se ve el Certificado: Es una copia completa de la página del libro donde se registró el matrimonio (copia del folio). Se emiten en papel blanco y están certificados por un notario público con una firma original sobre un sello húmedo o una etiqueta adhesiva.

No se aceptan certificados de matrimonio resumidos. La embajada requiere la “copia del folio” ya que es una copia del libro en sí y tiene toda la información necesaria para verificar la relación del solicitante con el solicitante y ayuda a detectar un posible fraude.

Los matrimonios católicos en Colombia tienen efectos legales solo después de que se registran con las autoridades civiles. Sin embargo, los registros religiosos no son suficientes. La embajada requiere la “copia del folio” del matrimonio civil registrado para propósitos de inmigración.

Procedimiento de obtención: Consulte el Registro Civil de la ciudad / municipio donde se celebró el matrimonio para obtener instrucciones sobre cómo obtener una copia notariada del registro de matrimonio.

Certificado de divorcio colombiano:

La Embajada de los Estados Unidos en Bogotá requiere:

Otras embajadas o consulados de EE. UU. Pueden considerar que solo el Decreto de divorcio certificado o la anulación es suficiente.

Los Decretos de Divorcio en Colombia son tramitados (1) por Notarios Públicos (divorcios por consentimiento mutuo), y (2) por los Juzgados de Familia (divorcios por causa).

Las anulaciones son emitidas por el “Tribunal Eclesiástico” de la Iglesia Católica Romana.

Acta de nacimiento (Registro de Nacimiento) o Acta de matrimonio (Registro Civil de Matrimonio) , con la correspondiente enmienda de divorcio.

Procedimiento de obtención:

Copias certificadas disponibles: Sí. Por defecto, todos los certificados de divorcio colombianos son copias certificadas / notariadas del original. La versión original se conserva en el Registro Civil de la ciudad / municipio donde se registró el divorcio. El acta de matrimonio o nacimiento con la anotación de divorcio requerida también es una copia certificada, emitida por el Registro Civil de la ciudad / municipio donde se registró el nacimiento o matrimonio.

Certificado de la Policía Colombiana:

Nombre del documento: Certificado de Antecedentes Judiciales.

Autoridad emisora: Ministerio de Defensa Nacional – Policía Nacional de Colombia.

Sello (s) especial / Color / Formato: El registro policial se puede imprimir desde el sitio web de la Policía Nacional de Colombia.

Procedimiento de obtención: Todos los solicitantes mayores de 18 años deben presentar un Certificado de la Policía de Colombia, denominado Certificado de Antecedentes Judiciales. Los solicitantes pueden obtener certificados policiales en línea en policia.gov Los certificados policiales tienen una validez de un año. Los colombianos reciben su número de cédula permanente (DNI) cuando cumplen 18 años; los solicitantes menores de 18 años no están obligados a obtener un certificado policial.

Colombia (Bogotá) Instrucciones para la entrevista de inmigrante:

Las visas de inmigrante a Estados Unidos se procesan para ciudadanos y residentes de Colombia en la Embajada de Estados Unidos en Bogotá. Las entrevistas de visa de inmigrante para los residentes de Aruba, Bonaire y Curazao se programarán en la Embajada de los Estados Unidos en Bogotá a partir de enero de 2017. La Embajada de los Estados Unidos en Bogotá, Colombia ha sido designada como el sitio principal para procesar las visas de inmigrantes para los residentes de Venezuela.

Enlace de instrucciones: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/BGT-Bogota.html

Descargo de responsabilidad: El abogado o el editor del bufete de abogados ponen a disposición este Blog con fines educativos únicamente, así como para brindarle información general y una comprensión general de la ley, no para brindarle asesoramiento legal específico. Al utilizar este sitio de blogs, usted comprende que no existe una relación 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 con licencia en su estado.

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Niños nacidos en el extranjero: cómo obtener la ciudadanía de los padres

Thu, 17 Dec 2020 18:49:00 GMT

Cuando un bebé nace en los Estados Unidos, recibe la ciudadanía estadounidense en virtud de la Constitución de los Estados Unidos. Sin embargo, este hecho no es cierto para los niños nacidos fuera de los Estados Unidos (a excepción del suelo extranjero de los EE. UU.). Cuando un niño nace en el extranjero, su nacimiento debe ser probado en las Embajadas / Consulados de los Estados Unidos en los países extranjeros o los niños deben solicitar la ciudadanía de USCIS después de llegar a los Estados Unidos.

El método más fácil y económico de adquirir la ciudadanía para un niño (menor de 18 años) es solicitar un “Informe consular de nacimiento en el extranjero para un ciudadano estadounidense”, en resumen, el CRBA, el formulario DS-2029. Este proceso es apropiado si un niño tiene un padre que es ciudadano de los EE. UU. O cuando ambos padres son ciudadanos de los EE. UU. Sin embargo, según la ley actual, los padres ciudadanos estadounidenses deben cumplir con los requisitos de residencia: 5 años para los padres o 1 año para las madres.

Al completar este proceso, el niño calificará para recibir un pasaporte estadounidense (procesamiento DS-11) y podrá viajar fácilmente con los padres. Debe decirse que el DS-2029 técnicamente no proporciona un certificado de nacimiento de los EE. UU. Que demuestre la ciudadanía, sino un FS-240, CRBA o Informe consular de nacimiento en el extranjero, que actúa como un certificado de nacimiento en el sentido de que prueba que el niño es ciudadano estadounidense.

Sin embargo, si un niño cumple 18 años antes de realizar el proceso DS-2029, todo lo que se indicó anteriormente ya no es aplicable y el niño (ahora adulto) debe enviar un formulario N-600 a USCIS.

Tratar de proporcionar ciudadanía estadounidense, viajar con un hijo ciudadano estadounidense reconocido o no reconocido y las solicitudes de ciudadanía, en general, puede ser complejo y confuso. Es mejor hablar con un abogado de inmigración con preguntas sobre ciudadanía.

The post Niños nacidos en el extranjero: cómo obtener la ciudadanía de los padres appeared first on Fickey Martinez Law Firm .

DACA Eligibility Requirement: High School or GED

Fri, 11 Dec 2020 17:07:00 GMT

Of the DACA Eligibility Requirements, the education element can be confusing for individuals outside of the normal high school age, 14 years old to 18 years old, or for young adults that may not be able to immediately graduate.

To be eligible for DACA, under the education area, one of the following must exist:

The issue with current enrollment is a common issue. “CURRENT” enrollment must be CURRENT throughout the entire DACA Filing. USCIS will request proof of attendance and proof of completion (if that occurs while the application for DACA is pending). Thus, it is imperative to remain in school or to complete school, as to remain eligible for DACA.

The post DACA Eligibility Requirement: High School or GED appeared first on Fickey Martinez Law Firm .

December 4, 2020 Update: DACA Court Order

Tue, 08 Dec 2020 14:00:00 GMT

On December 7, 2020, USCIS responded to the Opinion of Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York from November 14, 2020, and the Judge’s subsequent Order from December 4, 2020.

U.S. Citizenship and Immigration Services (USCIS) is:

USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the Wolf Memorandum.

DHS will comply with Judge Garaufis’ order while it remains in effect, but DHS may seek relief from the order.

Sources: Batalla Vidal, et al. v. Wolf, et al., 16-CV-4756 (NGG) (VMS) (E.D.N.Y.) & State of New York, et al. v. Trump, et al., 17-CV-5228 (NGG) (VMS) (E.D.N.Y.).

The I-864 (I-485) Request for Evidence (RFE): What to do when you receive it

Fri, 04 Dec 2020 14:51:00 GMT

The I-864 Affidavit of Support is a required document for most Adjustment of Status Filings, especially family-based filings such as a filing for an Immigrant Spouse, Child, or Parent. The I-864 assesses the Financial Capabilities of the Petitioner, and determines Sponsorship Eligibility.

Now, if you are receiving the RFE or Request for Evidence for the I-864 (The USCIS Notice states the I-485 needs the I-864), one of four possibilities probably occurred:

What Determines whether someone has sufficient income?

The I-864P provides the Federal Poverty Level Guidelines. The Petitioner has to overcome both of the following to avoid receiving an RFE:

Many times someone meets the annual income, but their AGI is below the I-864P. Again, both figures must be above the I-864P.

You can make $1,000,000 a year, but if you have an AGI of $5000, USCIS would question your financial ability to sponsor an immigrant family member.

What if my AGI is too Low, but my Annual Income is Sufficient?

You have two options.

First, you can attach assets to the I-864. More information can be found here: I-864 Asset Calculations

Second, you can show USCIS the annual income overcomes the I-864P, and that the next tax years AGI will overcome the I-864P. How to do this? You can provide:

What if my income is insufficient in both annual income and AGI?

A Co-sponsor would be required if assets cannot help you overcome the I-864P.

More information on Joint Sponsors found here:

Should I provide IRS Form 1040 or the IRS Tax Return Transcript?

Our office recommends providing both, the 1040 and IRS Tax return Transcript. Guidance can be found here:

What if My Income or my Co-sponsor’s Income contains non-taxable VA Disability?

Our office has more information here:

Could I still enter the United States despite my prior immigration law violations? -Overview of Nonimmigrant Visa Waiver: 212(d)(3)

Wed, 02 Dec 2020 18:28:00 GMT

It is not uncommon for a nonimmigrant to the United States overstaying their visa while trying to secure a job opportunity or violate part of the regulations related to their status, such as unauthorized employment, overstaying, or going to class/work before one is authorized to do so.

Such violations normally have serious consequences resulting in denial of change of status within the U.S. or denial of future entry to the United States. Some of the mistakes are curable but some are not. In this blog post, we will talk about one of the waivers for nonimmigrant visa holders with which they may be able to waive the prior violations against their visa status.

Section 212(d)(3) of the Immigration & Nationality Act (“INA”) allows the U.S. Attorney General to waive most of the grounds of inadmissibility when nonimmigrants seeking entry to the U.S. on a temporary basis. This applies to B-1/B-2 visas, F-1 student visas, and H-1B professional worker visas. It does not apply to those who seek permanent residency because they have other types of waivers applicable to them. The nonimmigrant waiver based on INA Section 212(d)(3) is also called Hranka waiver, which was based on a Board of Immigration Appeals (BIA) precedent decision in the Matter of Hranka , 16 I&N Dec. 491 (BIA 1978). (The Full Decision is here ).

Grounds of Inadmissibility for Sec. 212(d)(3)

A 212(d)(3) waiver can overcome most of the inadmissibility grounds including but not limited to:

A 212(d)(3) waiver may be sought at any time at the discretion of the Consulate and Customs and Border Patrol (CBP) officers.

Criteria to Consider

The adjudicating officers will usually consider the following general criteria in deciding whether to grant a non-immigrant waiver:

They also would like to ensure that

Depending on the prior grounds of inadmissibility, the evidence required to persuade the officers at the Consulate or Point of Entry would be different. Usually besides the Form I-192 and other related documents to prove the criteria, an applicant for the waiver should also supply a brief (written legal argument) outlining the applicable laws and reasons why your case should be eligible for a waiver. Because nonimmigrant visa waivers are dealing with situations with prior immigration law violations and grounds of inadmissibility, it is strongly recommended that you seek assistance and advice from an immigration attorney.

Can I be deported by overstaying my visa, even when I am applying for I-485 Adjustment of Status / Green Card?

Wed, 02 Dec 2020 13:54:00 GMT

This is probably the most common question whenever anyone is applying for Adjustment of Status, and the person entered with a Tourist Visa, ESTA, the Student Visa is about to expire because the school has ended, the J Visa period of stay is about to end, etc.

The questions:

In short, if you meet basic eligibility requirements, this post will ease some concern:

If eligibility is met, based on the relationship to the US Citizen, then the I-485 filing can keep the immigrant safe. Jurisdiction would fall to USCIS to process the filing. Simply overstaying a visa would not be a concern for ICE, and ICE would not deport the immigrant.

Now, if you received the attention of ICE, it is usually due to criminal activity, and this criminal activity can get you detained. Just like any crime, punishment follows. However, the type of crime committed does matter.

Why is the eligibility relationship so strict?

Not all relationships permit I-485 Adjustment of Status. The following relationships are not immediate filings and can even have processing times of over 20 years:

Entrevista para o processo de Ajuste de Status baseado em casamento com o USCIS em 2021: dicas e truques

Tue, 01 Dec 2020 20:08:00 GMT

Parabéns por chegar à entrevista do Green Card com o USCIS! Pode ter sido um processo longo ou curto, que testou sua paciência e testou seu relacionamento. Esta postagem cobrirá muitos tópicos ou dúvidas que as pessoas possam ter sobre a entrevista. Nosso escritório de advocacia lidou principalmente com as entrevistas no escritório local de Raleigh/Durham; entretanto, as dicas são aplicáveis a qualquer escritório local.

A ajuda se concentra em partes específicas da entrevista, que foram listadas abaixo para facilitar a navegação:

O aviso de entrevista e o que trazer?

Nunca perca este aviso! Um aviso de entrevista (Interview Notice) informa quando e onde a entrevista será, permite o acesso ao edifício do USCIS e fornece uma lista de tudo o que você pode levar. Por favor, leve, literalmente, tudo!

A entrevista do Green Card, quando baseada no casamento, foca na validade e na força do casamento. Os documentos comprovativos devem ser levados para a entrevista, mesmo que já tenham sido apresentados anteriormente. Como lembrete, você deve trazer:

Qualquer coisa para provar um relacionamento é analisada na entrevista.

Se você precisar de mais orientações sobre evidências de casamento, consulte nossas seguintes postagens:

Eu preciso refazer minha avaliação médica (formulário I-693)?

O I-693 é válido por 2 anos se apresentado com o processo I-485 inicial. Se o exame médico tiver mais de 2 anos, um novo será obrigatório.

Para os noivos (visto K-1), se o exame médico consular foi realizado mais de 1 ano antes da entrevista, então é recomendado adquirir um I-693, já que o exame anterior seria considerado “vencido”.

Eu preciso refazer meu Affidavit of Support (formulário I-864)?

O I-864 está diretamente vinculado ao ano fiscal mais recente. Portanto, se o processo começou e está sendo entrevistado com o ano fiscal mais recente sendo o mesmo, então não. Se o ano fiscal mudou, então sim.

Se o emprego do peticionário mudou durante o processo de ajuste de status, o I-864 deve ser atualizado, independentemente da regra do ano fiscal mencionada acima.

Como regra prática, todos os contracheques devem estar atualizados. Por exemplo, se o I-864 tiver contracheques de janeiro de 2020 a dezembro de 2020, então eles devem estar atualizados de janeiro de 2021 até o presente/dia da entrevista.

Por que recomendamos o envio de uma carta introdutória ao oficial de imigração do USCIS?

O Oficial de Imigração do USCIS tem que revisar muitas informações e muitas evidências. Uma linha do tempo do relacionamento e uma breve introdução podem fazer a diferença. Quanto mais fácil você fizer essa revisão para o seu oficial USCIS, mais rápido será o processamento. O objetivo é obter um Green Card, e se 1 folha de papel pode economizar dias ou semanas de espera, essa folha de papel é muito valiosa.

Mais informações encontradas aqui:

Eu preciso trazer uma identificação?

SIM! Você DEVE trazer uma forma de identificação válida e em vigor para entrar no prédio e comparecer à entrevista. Se o governo não puder confirmar a identidade, como eles saberiam que você é quem diz ser.

Para comprovar a identidade, o oficial solicitará os seguintes documentos originais (as cópias em papel são insuficientes):

Quais são as perguntas comuns sobre o relacionamento?

Para uma petição baseada em casamento, o casal deve estar muito preparado e saber tudo sobre o outro. As perguntas comuns da entrevista do green card baseada em casamento são as seguintes:

As entrevistas são feitas com os cônjuges separados ou juntos?

Em Durham, Carolina do Norte, as entrevistas são geralmente conduzidas em conjunto quando o USCIS recebe uma quantidade suficiente de evidências no processo inicial e eles não têm dúvidas sobre o relacionamento.

No entanto, nenhum cônjuge deve ter medo de uma “entrevista separada” (também conhecida como Stokes Interview ), uma vez que os cônjuges DEVEM ser capazes de responder facilmente a perguntas sobre o relacionamento e detalhes sobre o lar conjugal.

Quão importantes são as perguntas sobre elegibilidade do I-485?

O oficial fará as inúmeras perguntas do formulário I-485 e determinará a elegibilidade geral para receber um Green Card. Quaisquer respostas “SIM” marcadas no I-485 devem ser cuidadosamente preparadas, pois se relacionam à elegibilidade para receber um Green Card.

O que acontecerá se meu cônjuge militar estiver ausente on deployment ou em treinamento durante a entrevista do USCIS?

A presença do imigrante continua obrigatória; no entanto, as Ordens Militares ou uma carta do Comando do cônjuge explicariam por que ele/ela não pôde comparecer à entrevista do USCIS. Visto que servir nas forças armadas é para “fins governamentais”, sua presença seria dispensada. Mas, mais uma vez, a participação do imigrante é obrigatória e não pode ser dispensada por conta da ausência do cônjuge militar.

Se você tiver alguma dúvida, fale com um advogado de imigração local ou entre em contato com o escritório Fickey Martinez Law Firm, P.L.L.C. para agendar uma consulta.

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Maintaining Your Nonimmigrant Status: Overstay, Out of Status, and Unlawful Presence

Sun, 29 Nov 2020 20:23:00 GMT

The consequences of overstay, out-of-status and unlawful presence are related but very different concepts in immigration and bring consequences for a nonimmigrant visa holder.

Overstay

Overstay means you stay in the United States beyond the date on your I-94, the corresponding D/S (Duration of Status) with DS-120, I-20, or Labor Certification. For example, your I-94 for your B-2 visa allows you to stay in the U.S. till 09/09/2020, but you are still within the country after 09/09/2020 without filing an application for extension of your status, you are overstaying your visa.

Out of Status

Out of status means that you violated the terms and restrictions of your lawful status. For example, you are a student on a F-1 visa. You ran a collaborative research with an out of campus research institute, being paid and received a 1099 tax form without applying for a CPT or OPT. In other words, you were working without proper authorization. You are violating the restrictions of your F-1 visa and thus become out of status. Another example would be a visitor coming to the U.S. with a F-1 visa but never went to school or any classes.

The concept of out of status and overstay can overlap sometimes. Overstay often makes a foreign individual out of status.

Unlawful Presence

Unlawful Presence can be triggered by the following ways: expiration of I-94, false claim to U.S. citizenship, entry to the U.S. without inspection, or determination of Immigration court or USCIS by termination of one’s status (such as denial of one’s extension or change of status application) or determination that there is a violation of status.

Please note that out of status does not equate to unlawful presence. Being out of status may not means accuration of unlawful presence if there is no determination by the court or USCIS, or in the prior listed conditions. However, if one is in unlawful presence, he/she must be out of status.

The only exception is for F-1 and M-1 students. Starting from 2018, if F-1 or M-1 students do anything, intentionally or unintentionally, violate the terms of his/her status (such as work without authorization, not maintaining full-time student status, not pursuing the course of study, or engaging in unauthorized activities, etc.), the unlawful presence is triggered automatically on the date of violation, without determination of USCIS or immigration court.

Consequence of Unlawful Presence

Unlawful Presence will make the person subject to 3 to 10 year of bar from future entry to the United States. If a foreign national has accrued more than 180 days but less than 1 year of unlawful presence, he/she is subject to 3 year bar from entry to the United States. However, if one has accrued more than 1 year of unlawful presence, he/she is barred from entry to the United States for 10 years.

Timely Request for Extension of Stay or Change of Status

A foreign national with a pending change/extension of status case in the U.S. is out of status, but permitting to stay while the request is pending. He/she is NOT accruing unlawful presence if the request is filed with genuine reasons and timely before the foreign national’s current status expires. However, if the USCIS denies such request of extension or change of status, unlawful presence will begin to accrue on the date of the decision.

Conclusion

It is important to maintain your nonimmigrant status and compliance with the corresponding requirements of your status. If you are in doubt of any violations that may cause you to fall out of status, overstay, work without authorization, or even accrue unlawful presence, due to unforeseen circumstances, please contact our office because you may be eligible for potential waivers. However, please be aware that waivers are usually not available if such violations are intentional.

USCIS matrimonio basado en la entrevista de ajuste de estado en 2021: Consejos y trucos

Sat, 21 Nov 2020 16:55:00 GMT

¡Felicitaciones por llegar a la entrevista de la tarjeta verde de USCIS! Pudo haber sido un proceso largo o corto, que puso a prueba tu paciencia y puso a prueba tu relación. Este Post cubrirá los muchos temas o preguntas que las personas puedan tener con respecto a la Entrevista. Nuestro bufete de abogados manejó principalmente entrevistas de USCIS en la oficina de campo de USCIS Raleigh-Durham; sin embargo, es aplicable a cualquier oficina regional.

La ayuda se centra en partes específicas de la entrevista, las áreas se han enumerado a continuación para una navegación más fácil:

¿El Aviso de Entrevista y Qué Llevar?

¡Nunca pierdas este aviso! Un aviso de entrevista indica cuándo y dónde estará la entrevista, permite el acceso al edificio USCIS, y da una lista de verificación de todo lo que se debe traer. ¡Por favor traiga, literalmente, todo!

La entrevista de la tarjeta verde, cuando se basa en el matrimonio, se centra en la validez y la fuerza del matrimonio. Los documentos justificativos deben ser llevados a la entrevista incluso si ya se han presentado. Como recordatorio, debe traer

Cualquier cosa para probar una relación es revisada en la entrevista.

Si necesita más orientación sobre Evidencias Maritales, consulte nuestras Siguiente Publicacion:

¿Necesito rehacer mi I-693 Immigration Medical?

El I-693 es válido por 2 años si se presenta con la presentación inicial I-485. Si el examen médico tiene más de 2 años, entonces uno nuevo sería obligatorio.

Para los prometidos, si el Médico Consular se realizó más de 1 año antes de la entrevista, entonces se recomienda adquirir un I-693, ya que el médico anterior se considerará “caducado”.

¿Necesito rehacer mi declaración jurada de soporte I-864?

El I-864 está directamente atado a un año fiscal. Por lo tanto, si la presentación comenzó y está siendo entrevistada con el “año fiscal más reciente siendo el mismo”, entonces No. Si el año fiscal ha cambiado, entonces Sí.

Si el empleo del peticionario cambió durante el ajuste de estatus, entonces el I-864 debe ser actualizado, independientemente de la regla del año fiscal mencionado anteriormente.

Como una buena regla general, todos los paystubs deben actualizarse. Por ejemplo, si la I-864 tiene pagos de enero de 2020 a diciembre de 2020, entonces Paystubs debe actualizarse de enero de 2021 a presente/hora de entrevista.

¿Por qué recomendamos enviar una carta introductoria al Oficial de Inmigración de USCIS?

El Oficial de Inmigración de USCIS tiene que revisar mucha información, mucha evidencia. Una cronología de la relación y una breve introducción pueden ser un largo camino. Cuanto más fácil sea la revisión de su oficial de USCIS, más rápido puede ser el procesamiento. El objetivo es obtener una tarjeta verde, y si 1 hoja de papel puede ahorrar días o semanas de espera, que 1 hoja de papel es muy valiosa

Más información aquí:

¿Necesito traer Identificación?

¡Sí! Usted DEBE traer una forma válida, no caducada de Identificación a USCIS para entrar en el edificio y asistir a la entrevista. Si el Gobierno no puede confirmar la Identidad, ¿cómo sabrían que eres quien dices ser.

Para probar la identidad, el oficial solicitará los siguientes documentos originales (las copias en papel son insuficientes):

¿Qué son las preguntas de relación común?

Para una petición basada en el matrimonio, la pareja debe estar muy preparada y saber todo acerca de su cónyuge. Las preguntas comunes de entrevista con tarjeta verde basadas en el matrimonio son las siguientes:

¿Las Entrevistas se realizan con el Cónyuge separado o Juntos?

En Durham, Carolina del Norte, las entrevistas generalmente se llevan a cabo juntas cuando USCIS recibe una cantidad suficiente de evidencia en la presentación inicial, y no tienen ninguna duda sobre la relación.

Sin embargo, ningún cónyuge debe tener miedo de una “entrevista separada” (también conocida como una entrevista de Stokes), ya que los cónyuges DEBEN ser capaces de responder fácilmente preguntas sobre la relación y detalles sobre el hogar conyugal.

¿Qué tan importantes son las preguntas de elegibilidad I-485?

El Oficial le preguntará las numerosas preguntas de la I-485 y determinará la elegibilidad general para recibir una tarjeta verde. Cualquier respuesta “SI” marcada en la I-485 debe estar completamente preparada para cuando se relacionen con la elegibilidad para recibir una tarjeta verde.

¿Qué sucede si mi cónyuge militar está en despliegue o entrenamiento durante la Entrevista de USCIS?

La asistencia del inmigrante sigue siendo obligatoria; sin embargo, las órdenes militares o la carta del Comando del Cónyuge explicarían por qué no pudieron asistir a la Entrevista de USCIS. Dado que servir a las Fuerzas Armadas es para “propósito gubernamental”, su asistencia sería excusada. Una vez más, la asistencia al inmigrante es obligatoria y no puede ser excusada para el despliegue o la capacitación de un cónyuge.

Si tiene alguna preocupación, debe hablar con un abogado de inmigración local, o puede ponerse en contacto con Fickey Martínez Law Firm, P.L.L.C. para establecer una Consulta.

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Documentos conjuntos de boa-fé: como começar a cumprir o requisito de evidências de casamento para o processo I-130 do USCIS

Fri, 20 Nov 2020 15:12:00 GMT

A Petição I-130 é um “Processo de Verificação de Relacionamento” que cria um alto nível de “requisitos de documentação” para processos baseados em casamento. Quanto mais jovem for o relacionamento/casamento, geralmente menos evidências existem. Esta postagem do blog irá discutir como iniciar os preparativos antes de preencher um formulário I-130 (ou se um I-130 já estiver pendente, como aumentar as evidências).

Para começar uma vida juntos, o USCIS dividiu muitos aspectos de um relacionamento em categorias. Para todos os relacionamentos, fotos e comunicação são absolutamente necessários e são ótimos pontos de partida para reforçar suas evidências de boa fé. As categorias a seguir irão adicionar mais estrutura aos seus preparativos.

Primeira categoria de evidência: fotos de relacionamento

Abaixo está uma revisão mais completa de quantas fotos você deve fornecer:

Segunda categoria de evidência: mesclando finanças

Os cônjuges devem ter acesso ao dinheiro/finanças um do outro. Uma conta bancária conjunta é OBRIGATÓRIA se o imigrante tiver um Social Security Number. Quando alguém não tem um Social Security Number, os bancos geralmente não podem adicionar um imigrante a uma conta, pois o Social Security Number é necessário para conformidade com o FDIC ou como política bancária.

Se você puder ter uma conta conjunta, o USCIS exigirá 12 meses de extratos, ou pelo menos o máximo possível. Ou seja, se você está casado há 2 anos e tem uma conta conjunta há 3 anos, o USCIS iria querer 3 anos de extratos bancários. Quanto mais melhor.

Terceira categoria de evidência: declarações fiscais conjuntas

Nenhum cidadão americano gosta de “brincar” com o IRS. Como tal, a declaração de imposto de renda (Formulário IRS Tax Return 1040) e a transcrição da declaração de imposto de renda ( IRS Tax Return Transcript) são grandes evidências para provar um casamento. Embora geralmente seja necessário um Social Security Number, os imigrantes (e até mesmo os cidadãos dos EUA) podem consultar sobre um ITIN (número individual de identificação de contribuinte) para facilitar a declaração “conjunta” de imposto de renda.

Quarta categoria de evidência: casa matrimonial

Esta categoria é provavelmente a mais aplicável a casais. A lista a seguir pode mostrar quantas coisas podem realmente ser usadas para ajudar a provar o lar conjugal:

Obrigatório :

É altamente recomendável fornecer pelo menos 3 dos seguintes itens que contenham AMBOS OS NOMES DOS CÔNJUGES:

Quinta categoria de evidência: comunicação constante

Se seu relacionamento começou há 5 anos, o USCIS espera evidências abrangendo os 5 anos. Embora seja um processo baseado no casamento, o USCIS deseja ver o relacionamento completo e comunicação é 100% obrigatória para qualquer casamento. Idealmente, o USCIS deseja ver provas de comunicação das seguintes fases do relacionamento:

Os tipos de prova de comunicação podem ser:

Sexta categoria de evidência: militar

Nas forças armadas dos EUA, um cônjuge deve ser adicionado ao Sistema DEERS, o qual forneceria o seguinte:

Todos são ótimos registros matrimoniais a serem fornecidos ao USCIS. Mais orientações podem ser encontradas aqui:

Sétima categoria de evidência: mídias sociais

As publicações nas redes sociais são evidências ideais para indivíduos mais jovens e são também bastante comuns. O USCIS gosta dessa forma de evidência porque as postagens nas redes sociais (1) possuem data e hora e (2) podem vincular as pessoas presentes na postagem ou foto. Além disso, apresentar você e seu cônjuge ao público como “em um relacionamento” ou como “um cônjuge” ajuda a mostrar a um oficial que uma pessoa é importante na vida de alguém.

Não, as mídias sociais não precisam ser fornecidas por ambos os cônjuges. Ou seja, pelo menos 1 cônjuge pode fornecer esse tipo de evidência. No entanto, ambos os cônjuges compartilham suas vidas nas redes sociais e todas as postagens e fotos devem ser fornecidas ao USCIS. Quanto mais evidências, melhor. Capturas de tela das postagens são suficientes.

Oitava categoria de evidência (mas não realmente uma evidência): Introduza seu relacionamento e detalhe um cronograma para o USCIS

Um resumo, uma introdução e um cronograma sobre o seu relacionamento podem ajudar a “condensar” sua história juntos. “Uma carta para seu oficial do USCIS” é uma boa cortesia. A postagem a seguir ajudará a explicar melhor. No entanto, um resumo é INSUFICIENTE por si só. Deve haver evidências para provar um relacionamento, e uma carta não é considerada evidência.

Postagens relacionadas:

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Prova de casamento de boa-fé: quantas fotos o USCIS deseja ver em um processo I-130?

Fri, 20 Nov 2020 15:03:00 GMT

Prova de casamento de boa fé significa:

documentação ou prova de que um casamento é verdadeiro, amoroso e real, e não apenas para fins de obtenção de um Green Card.

Para fins da petição baseada em casamento (I-130), nosso escritório tem a seguinte fórmula/critério para determinar a quantidade ideal de fotos:

Se você tem menos de 30 anos:

Evidências adicionais também devem ser fornecidas para complementar as fotos conjuntas, tais como:

Se você tiver mais de 30 anos:

Devido à idade, o USCIS tende a se concentrar mais nas seguintes evidências “complementares” de boa fé:

A idade afeta (1) as expectativas de quais documentos têm maior probabilidade de estar disponíveis e (2) os ativos e propriedades que normalmente têm um cônjuge nomeado como beneficiário. Devido a isso, os oficiais do USCIS podem aceitar mais evidências de boa fé de cônjuges mais velhos, em comparação com cônjuges mais jovens.

Se deseja obter uma consulta para o seu processo de imigração, por favor, contate nosso escritório.

Postagens relacionadas:

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Dismissed Court Case and US Immigration

Fri, 20 Nov 2020 14:52:00 GMT

Many believe a Dismissal of a Criminal Court Case means it will not affect an immigration filing, like Adjustment of Status to get a Green Card or for Naturalization. However, Immigration can consider a Dismissal as a “Conviction” if one of two things occur in the court case:

The US Immigration Agency requires to receive the following documents regarding ANY criminal item, regardless if it was Dismissed, Expunged, or Sealed:

USCIS would review all of the above to determine whether there is an Admission of Guilt or a Punishment.

If you have any concerns, you should speak with a local Immigration Attorney, or you may contact Fickey Martinez Law Firm, P.L.L.C. to set up a Consultation.

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Uma carta para o oficial que conduzirá a entrevista do seu processo I-485 baseado em casamento

Wed, 18 Nov 2020 19:40:00 GMT

Nesta postagem, discutiremos quais são os componentes necessários para que uma carta seja feita especificamente para um oficial de entrevista do USCIS em um processo baseado em casamento.

No momento da entrevista, você já passou pelo desafio. Você esperou pacientemente, apresentou inúmeros documentos e tem se esforçado para fazer tudo de acordo com as leis de imigração. Agora, a estressante, emocionante e misteriosa entrevista do green card baseada em casamento o aguarda.

Ao longo do processo, tudo foi documentado e fornecido ao USCIS. Nosso escritório recomenda escrever uma carta ao seu oficial de entrevista como uma forma de se apresentar, documentar claramente o cronograma de seu relacionamento e ajudar a personalizar seu processo de imigração. Embora esta recomendação seja baseada no escritório local do USCIS em Raleigh/Durham, com base em muitos anos de experiência com esse escritório específico, esta recomendação é aplicável a qualquer entrevista com o USCIS para o processo I-485 com base no casamento com um cidadão americano.

Novamente, o objetivo da carta é apresentar e fornecer um cronograma. Um casamento é construído a partir de um relacionamento, e o relacionamento tem muitas fases diferentes. Por exemplo, pode haver uma fase de amizade, fase de namoro, fase de noivado e fase de casamento. Essas fases criam uma linha do tempo que pode apresentar imediatamente seu relacionamento a um oficial de entrevista.

Os requisitos e restrições das cartas:

Requisitos para envio:

Agora, com os requisitos e restrições fora do caminho, alguns exemplos estão listados abaixo para ajudá-lo a modelar sua carta. Como a variedade é o tempero da vida, analise atentamente os itens abaixo:

Como enviar isso para o seu oficial de imigração?

O envio desta carta é feito em duas etapas. Primeiro, é enviado ao escritório local onde a entrevista está agendada. Para nossos clientes, preferimos enviar esta carta 3 a 4 semanas antes da entrevista. Em segundo lugar, a carta é levada pessoalmente para a entrevista.

O objetivo é sempre dar o seu melhor. Você só tem uma chance de causar uma boa primeira impressão. É mais benéfico ter seu oficial conversando com você do que ele mesmo traçar um cronograma e fazer anotações sobre como vocês se conheceram. Quanto mais positivo for o seu encontro com seu oficial de imigração, mais fácil será mostrar seu amor e seu relacionamento para o oficial durante sua entrevista com o USCIS.

Se você gostaria de marcar uma consulta com nosso advogado de imigração, visite nossa página de contato.

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Documentos conjuntos de Buena Fe: Cómo comenzar a cumplir con el requisito de evidencia USCIS I-130 para un matrimonio

Wed, 18 Nov 2020 19:34:00 GMT