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Common J1 Teacher Questions: How to communicate with the J1 Sponsor? and what about the J1 Waiver?
fickeymartinez • Jul 14, 2022
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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.
- How to Communicate with the J1 Sponsor at the end of your 3rd or 5th Year
- How the J1 is in violation of the Contract with the J1 Sponsor
- To expect a break in employment, the ability to drive, and the ability to travel
- How there aren’t really risks to ICE Detainment and Deportation when married to a US Citizen
Fact – The J1 Contract the J1 Agreed to prior to coming to the US:
If a J1 is subject to the 212(e) Special Skills List / the 2-year Home Residency Requirement, then the J1 AGREED to return to the home country for a minimum of 2 years (2 years at one time or in the aggregate) after the J1 Visa Stay in the US.
This agreement is usually forgotten by the time a J1 enters the US, or at the very least, it is not considered as a very important matter UNTIL the J1 plans to act contrary to the agreed-upon plan of teaching in the US for 3 or 5 years and return abroad for a minimum of 2 years.
A Waiver filing MAY allow a J1 to break the contract or be excluded from the 2-year restriction.
If a J1 is subject to the 212(e), they CANNOT (without a waiver or 2 years of residency in home country):
- Immigrate to the US
- Work in the US as an H-1B
Here is a Summary of the J1 Waiver for Teachers:
Two Common Waiver Options:
A J1 Teacher generally has 2 waiver options:
- No objection Statement
- Exceptional Hardship
Depending on your Country of Nationality, the choice may be reduced to one or the other.
For instance, the following Countries tend to issue No Objection Statements for J1 Teachers:
- Jamaica
- Colombia
- Venezuela
- Costa Rica
- Brazil
The following Countries tend to require Exceptional Hardship Waiver filings for J1 Teachers:
- Philippines
- Honduras
- Peru
- Ecuador
If ever possible, a J1 should pursue a No Objection Statement, as it tends to be quicker and cheaper. If the foreign Embassy or Consulate does NOT offer No Objection Statement services, then it is likely not available and the J1 would have to pursue the Slow and more Expensive Exceptional Hardship Waiver.
No Objection Statement Explanation:
The No Objection Statement process can be called by a different name, depending on the foreign government. No Objection Statement, also abbreviated as NOS, is what the US Department of State knows it as.
Essentially, the NOS process is 100% the Foreign Government saying that they will allow the waiver of the 2-year home residency requirement from the J1 Visa.
- Step 1: DS-3035 – This form is also known as the J Visa Waiver Recommendation Application. It must be completed online, and the online form will create a barcode connected to the specific filing.
- Step 2: DS-3035 – Mail the filing to the DOS, with all needed documentation, an explanation of the expected course of action after the waiver, documentation, and payment.
- Step 3: NOS Request – The Foreign Government, usually at the local Embassy or Consulate, will have a process to apply for a No Objection Statement.
- Step 4: Waiting – It can take many months for both the foreign Government and DOS to process the request. You will need to perform what is required to receive a No Objection Statement from the specific home country. A country may have certain requirements for the NOS, which viewing the given country’s embassy website usually provides guidance.
- Step 5: Approval or Rejection of the No Objection Statement. If a no-objection statement is issued, the foreign government will send it directly to the U.S. Department of State. It can NEVER touch a J-1 Hands.
- Step 6: DOS Receipt of the NOS – The DOS will begin the final processing of the waiver filing. This can take a few weeks or months.
- Step 7: DOS Favorable Recommendation – If the DOS issues a Favorable Recommendation, a J1 is able to use the DOS Notice to begin the Adjustment of Status process. The DOS will send the filing to USCIS, which would start the I-612 Filing.
- Step 8: USCIS I-612 Receipt – This process can run simultaneously with an Adjustment of Status Filing for those J1s immigrating to the US. HOWEVER, a J1 attempting to change status to an H-1B or seek employment, they MUST wait for the I-612 Approval Notice.
- Step 9: Waiting – USCIS processing of the I-612.
- Step 10: USCIS I-612 Approval – The J1 attempting to change status to an H-1B or seek employment, they can now apply.
Exceptional Hardship Explanation:
Below is a very thorough explanation of the J1 Exceptional Hardship Waiver Process:
The J1 Exceptional Hardship Waiver – Form I-612: Brief Summary
How to Communicate with the J1 Sponsor at the end of the 3rd or 5th Year
It is best to never lie to the J1 Sponsor. The Sponsor knows when a J1 is acting differently from other J1 teachers, and they can check the SEVIS System to confirm their suspicions. The following topics are the most common J1 Sponsor communications with the J1 Teacher:
- Wrapping Up Email: If the J1 Sponsor emails you an “End of Program Questionnaire,” “Exit Report,” or “Cultural Exchange Project Submission,” you are required to complete it and submit it to the J1 Sponsor. This email SHOULDN’T be ignored.
- Letter of Recommendation Email: Communication offering a “Letter of Recommendation” or “Completion of the J1 Program Letter,” this is usually only available for J1 Teachers that are exiting the United States at the end of the J1 Program. If you are applying for a waiver or for a Green Card, the J1 Sponsor would not assist in any way to help the J1 acquire employment in the US or to acquire a document permitting a Country’s No Objection Statement. Some countries require a Completion Letter in order to issue a No Objection Statement.
- Exiting the US Email: Communication requesting “proof of plane tickets” from the J1:The J1 Sponsor usually requests the proof of plane tickets sometime between March and May of the academic year of the 3rd or 5th year of the J1 Program. The J1 Sponsor asks at the end of the J1 Program for proof of your expected departure from the US.If you are not planning to leave the US because you are in the waiver process, you do not need to buy plane tickets. Delays in the response to the submission of plane tickets are usually the first indication to the J1 Sponsor of the J1 pursuing the waiver.If you already have an approved Waiver and are in the Adjustment of Status filing, the J1 Sponsor doesn’t usually make this request for proof of plane tickets.
- Health Insurance during Grace Period Email: Communication requesting whether the J1 wishes to extend the J1 Health Insurance, the J1 Sponsor may accept the payment to extend the health insurance during the Grace Period or they may not allow it if you have a pending or approved waiver filing.
- 2-Year Extension Email: Communication requesting whether the J1 is extending the J1 Visa for the 4th/5th Year.A J1 that is about to start, already started, or has an approved waiver is 100% INELIGIBLE for the 2-year extension. Many J1 Sponsoring Agencies will terminate any employment during the 4th/5th year if the waiver is discovered. Some J1 Sponsoring Agencies can fine $500 or $1000 if an extension occurs while on the 4th or 5th year of the J1 Program.
30-Day Grace Period
During the 30-Day Grace Period, the J1 is able to travel inside the US, wire money overseas, wrap up affairs, and sell vehicle(s). That is the purpose of the Grace Period.
Thus, during this period, a J1:
- may not be able to renew the Driver’s License for an additional 30 days;
- cannot use the expired J1 Visa to exit and re-enter the US;
- cannot work for any employers; and/or
- they cannot change status after the J1 Visa expires (usually on June 25th or June 30th).
Common Questions for after the J-1 Period of Stay:
How can I renew my Expiring Driver’s License?
Most state DMVs usually require the J1 Teacher to provide either:
- Employment Authorization Card (aka EAD Card, Work Permit, and I-766)
- Green Card (aka Lawful Permanent Resident Card)
The USCIS AOS Notices (I-130/I-485/I-765/I-131) are insufficient to prove an immigration filing is pending (meaning it “could” have been denied after the receipt notices or the marriage could have ended, invalidating a marriage-based AOS) and the J1 is adjusting/is a quasi-immigrant, that the J1 is about to become a lawful permanent resident of the US.
A J1 currently applying for a Green Card is not eligible for an I-90 Receipt notice or an I-751 Receipt Notice, both of which ARE Green Card Extension USCIS Notices. A J1 current applying for a Green Card, is NOT eligible for an I-90/I-751. The I-90/I-751 notices are frequently requested by local DMVs.
Does the approval of my waiver from the Embassy/Consulate send an automatic notification to the sponsor regarding my case?
No, the Embassy/Consulate does not have any communication with the J1 Sponsor. Only the DOS would be able to “communicate” with the J1 Sponsor through inputting the Waiver Filing information into the SEVIS system.
At what part of the process is the J1 Sponsor notified that I am married or that I have applied for a waiver?
Marriage: Never, unless the J1 notifies them.
Waiver: Once the DOS inputs the waiver information into the SEVIS System and the filings’ online case state becomes available.
No Objection Statement: Issuance of the No Objection Statement is not communicated to the J1 Sponsoring Agency, rather it is sent directly to the Waiver Review Division. Once any of the waiver information is entered into the SEVIS system, the J1 Sponsor can see the information.
Will I be out of status after June 25th or 30th (the most common end dates ending the J1 Teacher Program)?
Yes, No, well it depends.
If you are I-485 Adjusting your Status due to marriage to a US Citizen after June 25th/30th, the overstay would not be a problem preventing the immigration filing. You would not be able to work on and after June 25th/30th. The Ability to work returns a few months later when USCIS issues the Employment Authorization Document under a Pending Adjustment of Status filing.
If you are changing your status to another nonimmigrant visa status and the application is filed before the end of the grace period, you could stay in the U.S. while the application is pending with the USCIS. However, you may not work unless and until your I-129 work visa (such as H-1B) is approved or your I-765 Employment Authorization application is approved.
If you are not Immigrating and you do not have a pending H1B Filing at the END of the Grace Period, you would 100% be out of status.
Can the J1 Sponsor report me to authorities?
They could, it is merely a phone call or email, but it is not likely to force ICE to visit a J1 Immediately. ICE generally travels to detain a visa overstay if they are a “priority” and have a history of bad criminal activity. If you are Adjusting Status to a Green Card Holder, you would not be deportable until after USCIS DENIES your Green Card Filing or you commit a lot of bad crimes. If you are Changing Status to H1B, you would not be deportable until after USCIS DENIES the H1B Petition.
Disclaimer:
My DS-2019 is blank! How Do I know If I am Subject to the J1 212e 2-Year Home Residency Requirement?
Many J1 Professionals rely on the DS-2019 for determining whether they are subject to the 2-year home residency requirement. However, the DS-2019 can be incorrect or INCOMPLETE. This post will specifically target the common Blank DS-2019 questions/issues. Many look at their MOST RECENT DS-2019 (applicable for the professionals that have received 2-5 DS-2019s, and almost 99% of the time, the "Preliminary Endorsement of Consular or Immigration officer regarding section 212(e)" section is blank . This section, near the bottom left side, has two options: Not subject to the two-year residence requirement Subject to two-year residence requirement For many, when they see that it is blank, they assume that they ARE NOT SUBJECT. However, that would be a mistake. The best indicators are: The FIRST DS-2019, as that is almost always completed and provided to the J1 for Visa Processing overseas The J1 Visa annotates whether subject or not Common DS-2019 ERROR Scenarios The J1 lost/misplaced the prior DS-2019, but would rely on the DS-2019 Extension because it covers the same time period. This is a bad assumption as many subsequent DS-2019s would update the "start date" and the "end date." The "Start Date" is usually updated to the date of Entry into the US versus the first possible date you could have entered for purposes of acquiring the J1 Visa sooner. The J2 DS-2019s NEVER stated subject. So, the J1 must also match them right? No, never assume the dependents status, annotations, or DS-2019 reflect correct information for the J1. The J2 DS-2019s NEVER stated subject, but the J1 is/was subject. This is a common error. If the J1 Professional is/was subject, the J2 100% MUST also be subject. The DS-2019 and J1 Visa state "NOT SUBJECT," but you know another J1 from the same country, same profession, same J1 Sponsoring Agency, and same Subject/Field Code. Errors happen, and "assuming you slipped through the cracks" can be costly. So, how can I be certain in determining whether I am Subject or Not Subject? An Advisory Opinion from the DOS Waiver Review Division is 100% reliable. If that division states you are Subject, then you are Subject. If they state that you are NOT Subject, then you are now and will always be NOT Subject. The Advisory Opinion is a FREE process, it does not "constitute a waiver" (as some J1 Visa Holders are afraid to violate the terms of their employment contract), and it processes in about 1-2 months. How can an Immigration Attorney Help? An Attorney can assist with the Advisory Opinion as that is a service our office provides and an estimate can be found on our J1 Waiver Page ; however, an Attorney can also explain: Timelines Document Requirements Feasibility of a future plan End Goal of either an employment visa or immigration with a Green Card Related Blog Posts: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion https://www.fickeymartinezlaw.com/immigration/can-i-apply-for-a-j1-waiver-simultaneously-with-my-green-card-filing Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This Blog Post will cover the topic that receives "mixed reviews" from J1 Physicians: the CONRAD 30 WAIVER PROGRAM. A Physician that has the J1 2-year Home Residency Requirement (aka Restriction) has generally heard about this waiver option. Some Physicians like the program because progresses their career and keeps them in the United States, which can pay higher or have better benefits that abroad. However, other may dislike it because: Rural Living/Placement Lower Pay from current area of employment Less opportunities for J2 Family Members The State they DO WANT TO LIVE IN has already capped out the CONRAD 30 Positions Now, CONRAD 30 is an option, and the reality is: IT IS AN UNDERUSED OPTION. Common medical professionals, such as (not an exhaustive list): Anesthesiologist Cardiologist Family physician Gastroenterologist Neurologist Obstetrician/gynecologist (OBGYNs) Oncologist Pediatrician Radiologist Surgeon Urologist May want to reconsider this J1 Waiver Option. The CONRAD 30 does have three (3) main requirements, which give the most concern to Physicians: MUST acquire a NO OBJECTION STATEMENT from their home country (this is something our office has assisted with for nearly a decade), BUT doctors are a prized commodity and the foreign government may really really really want you to return. MUST sign a contract and MUST thereafter complete 3 years under the H-1B Program from the Health Department or Rural Placement. MUST complete the other CONRAD 30 Program Requirements. The Numbers: The Term/Title: UNDERUSED, that was not an exaggeration or play on words. Statistically, of the 1500 Conrad 30 Positions available every year, only 880 to 1167 (statistics taken over a 5 year period). CONRAD 30 is generally unable to place 1/3 of its available positions with Physicians. ( Source ) As an Immigration Law Firm that assists many types of J1 Professionals, I would recommend looking at the less "frequented" states. Colorado , a beautiful state with nearly 6 million people ALMOST NEVER FILLS THEIR CONRAD 30 POSITIONS. If I was a J1 Physician, and I was heavily considering this J1 Waiver, I would go to a place where there is no competition, like Colorado . (Opinion of an immigration attorney). Here is a link to help guide you . In reality, 1/3 of the positions are available/unused. If a J1 physician needs a waiver, maybe consider looking outside of your geographical area because opportunities are available, if you look elsewhere. If you have questions or need assistance with the No objection Statement, please schedule a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This blog post will cover the two main waiver types common for J1 Public School Teachers: No Objection Statement (NOS) and Exceptional Hardship. What many don't know are the actual statistics for J1 Visa Holders. Some might look at the below DOS Waiver Review Statistics, and think, I have a GREAT chance for success:
With the USCIS Fee Increases that occurred on April 1, 2024, USCIS Filings will be rejected, refused, returned to unknowing filers. The filings will be returned with a template letter stating template-terms such as: Incorrect Fee Payment Incorrect Form Editions Insufficient Funds The fact of the matter would be that the USCIS Filing is rejected and the new fee would be required. The next question is: what should you do next? Should you look online and pay the new fees? Our office would recommend stepping back and reviewing the entire filing. Eligibility must be confirmed. Supporting documents must be confirmed. Form Editions must be confirmed. These topics will be discussed below. Topic: Eligibility Most (Minor) USCIS Filings are now available online at USCIS.GOV. The online system does a great job at screening eligibility and raising red flags when something is amiss. However, the paper filings do not have the same luxury. Over 550,000 applicants file for the (Major) I-485 Adjustment of Status each year. Over 50k spousal filings, 15k fiance filings, 3k child/step-child filings, and 50k parent filings all pursue Adjustment of Status through the USCIS Agency. These filings are riddled with RFEs, experience 1-5 years processing times, denials on eligibility for part or all of the filings and supplemental filings, and straight-up confusion. Some of the most common issues affecting eligibility are as follows: US Citizen has a low taxable income affecting sponsorship Immigrant has a visa violation(s) affecting inadmissibility The underlying relationship ends and US Residence ceases A consult with an immigration attorney can help alleviate this concern. Alternatively, our office has some guides to target eligibility: https://www.fickeymartinezlaw.com/immigration/can-i-apply-for-a-j1-waiver-simultaneously-with-my-green-card-filing https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/understanding-adjustment-of-status-movements-around-the-nation-raleigh-durham-processing https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage https://www.fickeymartinezlaw.com/immigration/va-disability-and-us-immigration https://www.fickeymartinezlaw.com/immigration/i-864-self-employment-and-business-ownership https://www.fickeymartinezlaw.com/immigration/i-864-sponsorship-how-is-ssi-and-ssdi-assessed Topic: Supporting Documents Supporting documents are mandatory with any USCIS Filing. The main documents not normally provided are: valid birth certificates with english translation proof of relationship proof of financials/income/taxes A consult with an immigration attorney can help alleviate this concern. Alternatively, our office has some resources to target eligibility: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends https://www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates Topic: Form Editions DO NOT rely on the expiration date on the top right corner of the USCIS Forms. DO NOT! The USCIS Forms almost always state a form is valid for 2 years after creation. However, some forms can update ever 6-12 months. Check the the USCIS Website, regarding the specific form and the edition date information (as it will also state if prior editions are still be accepted). Where do you verify the USCIS Filing Fee? The G-1055 is the main source to verify USCIS Filing Fees. Conclusion If you have addressed the above three topics, you are ready to re-submit. If you receive a second rejection, it is time to probably consult with an immigration attorney. Just know, USCIS Filing Fees, for instance the $2955 for a full AOS Filing, are expensive. If the AOS is ultimately denied, paying the fees a second time will feel more painful. Our office has frequently assisted with filers that have been denied once, twice, three time in the past. If you'd like to schedule a consultation with an immigration attorney, consider our office. We can assist regardless of state you country you reside in. Our office/attorney Biography can be seen here: https://www.fickeymartinezlaw.com/team Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
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 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.
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. 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.
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. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This 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: 10% 12% 22% 24% 32% 35% 37% 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:
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? 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 insurance policies and your ultimate goals. 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.
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 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 insurance policies and your ultimate goals. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Recent Blog Posts
My DS-2019 is blank! How Do I know If I am Subject to the J1 212e 2-Year Home Residency Requirement?
Many J1 Professionals rely on the DS-2019 for determining whether they are subject to the 2-year home residency requirement. However, the DS-2019 can be incorrect or INCOMPLETE. This post will specifically target the common Blank DS-2019 questions/issues. Many look at their MOST RECENT DS-2019 (applicable for the professionals that have received 2-5 DS-2019s, and almost 99% of the time, the "Preliminary Endorsement of Consular or Immigration officer regarding section 212(e)" section is blank . This section, near the bottom left side, has two options: Not subject to the two-year residence requirement Subject to two-year residence requirement For many, when they see that it is blank, they assume that they ARE NOT SUBJECT. However, that would be a mistake. The best indicators are: The FIRST DS-2019, as that is almost always completed and provided to the J1 for Visa Processing overseas The J1 Visa annotates whether subject or not Common DS-2019 ERROR Scenarios The J1 lost/misplaced the prior DS-2019, but would rely on the DS-2019 Extension because it covers the same time period. This is a bad assumption as many subsequent DS-2019s would update the "start date" and the "end date." The "Start Date" is usually updated to the date of Entry into the US versus the first possible date you could have entered for purposes of acquiring the J1 Visa sooner. The J2 DS-2019s NEVER stated subject. So, the J1 must also match them right? No, never assume the dependents status, annotations, or DS-2019 reflect correct information for the J1. The J2 DS-2019s NEVER stated subject, but the J1 is/was subject. This is a common error. If the J1 Professional is/was subject, the J2 100% MUST also be subject. The DS-2019 and J1 Visa state "NOT SUBJECT," but you know another J1 from the same country, same profession, same J1 Sponsoring Agency, and same Subject/Field Code. Errors happen, and "assuming you slipped through the cracks" can be costly. So, how can I be certain in determining whether I am Subject or Not Subject? An Advisory Opinion from the DOS Waiver Review Division is 100% reliable. If that division states you are Subject, then you are Subject. If they state that you are NOT Subject, then you are now and will always be NOT Subject. The Advisory Opinion is a FREE process, it does not "constitute a waiver" (as some J1 Visa Holders are afraid to violate the terms of their employment contract), and it processes in about 1-2 months. How can an Immigration Attorney Help? An Attorney can assist with the Advisory Opinion as that is a service our office provides and an estimate can be found on our J1 Waiver Page ; however, an Attorney can also explain: Timelines Document Requirements Feasibility of a future plan End Goal of either an employment visa or immigration with a Green Card Related Blog Posts: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion https://www.fickeymartinezlaw.com/immigration/can-i-apply-for-a-j1-waiver-simultaneously-with-my-green-card-filing Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This Blog Post will cover the topic that receives "mixed reviews" from J1 Physicians: the CONRAD 30 WAIVER PROGRAM. A Physician that has the J1 2-year Home Residency Requirement (aka Restriction) has generally heard about this waiver option. Some Physicians like the program because progresses their career and keeps them in the United States, which can pay higher or have better benefits that abroad. However, other may dislike it because: Rural Living/Placement Lower Pay from current area of employment Less opportunities for J2 Family Members The State they DO WANT TO LIVE IN has already capped out the CONRAD 30 Positions Now, CONRAD 30 is an option, and the reality is: IT IS AN UNDERUSED OPTION. Common medical professionals, such as (not an exhaustive list): Anesthesiologist Cardiologist Family physician Gastroenterologist Neurologist Obstetrician/gynecologist (OBGYNs) Oncologist Pediatrician Radiologist Surgeon Urologist May want to reconsider this J1 Waiver Option. The CONRAD 30 does have three (3) main requirements, which give the most concern to Physicians: MUST acquire a NO OBJECTION STATEMENT from their home country (this is something our office has assisted with for nearly a decade), BUT doctors are a prized commodity and the foreign government may really really really want you to return. MUST sign a contract and MUST thereafter complete 3 years under the H-1B Program from the Health Department or Rural Placement. MUST complete the other CONRAD 30 Program Requirements. The Numbers: The Term/Title: UNDERUSED, that was not an exaggeration or play on words. Statistically, of the 1500 Conrad 30 Positions available every year, only 880 to 1167 (statistics taken over a 5 year period). CONRAD 30 is generally unable to place 1/3 of its available positions with Physicians. ( Source ) As an Immigration Law Firm that assists many types of J1 Professionals, I would recommend looking at the less "frequented" states. Colorado , a beautiful state with nearly 6 million people ALMOST NEVER FILLS THEIR CONRAD 30 POSITIONS. If I was a J1 Physician, and I was heavily considering this J1 Waiver, I would go to a place where there is no competition, like Colorado . (Opinion of an immigration attorney). Here is a link to help guide you . In reality, 1/3 of the positions are available/unused. If a J1 physician needs a waiver, maybe consider looking outside of your geographical area because opportunities are available, if you look elsewhere. If you have questions or need assistance with the No objection Statement, please schedule a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This blog post will cover the two main waiver types common for J1 Public School Teachers: No Objection Statement (NOS) and Exceptional Hardship. What many don't know are the actual statistics for J1 Visa Holders. Some might look at the below DOS Waiver Review Statistics, and think, I have a GREAT chance for success:
My DS-2019 is blank! How Do I know If I am Subject to the J1 212e 2-Year Home Residency Requirement?
Many J1 Professionals rely on the DS-2019 for determining whether they are subject to the 2-year home residency requirement. However, the DS-2019 can be incorrect or INCOMPLETE. This post will specifically target the common Blank DS-2019 questions/issues. Many look at their MOST RECENT DS-2019 (applicable for the professionals that have received 2-5 DS-2019s, and almost 99% of the time, the "Preliminary Endorsement of Consular or Immigration officer regarding section 212(e)" section is blank . This section, near the bottom left side, has two options: Not subject to the two-year residence requirement Subject to two-year residence requirement For many, when they see that it is blank, they assume that they ARE NOT SUBJECT. However, that would be a mistake. The best indicators are: The FIRST DS-2019, as that is almost always completed and provided to the J1 for Visa Processing overseas The J1 Visa annotates whether subject or not Common DS-2019 ERROR Scenarios The J1 lost/misplaced the prior DS-2019, but would rely on the DS-2019 Extension because it covers the same time period. This is a bad assumption as many subsequent DS-2019s would update the "start date" and the "end date." The "Start Date" is usually updated to the date of Entry into the US versus the first possible date you could have entered for purposes of acquiring the J1 Visa sooner. The J2 DS-2019s NEVER stated subject. So, the J1 must also match them right? No, never assume the dependents status, annotations, or DS-2019 reflect correct information for the J1. The J2 DS-2019s NEVER stated subject, but the J1 is/was subject. This is a common error. If the J1 Professional is/was subject, the J2 100% MUST also be subject. The DS-2019 and J1 Visa state "NOT SUBJECT," but you know another J1 from the same country, same profession, same J1 Sponsoring Agency, and same Subject/Field Code. Errors happen, and "assuming you slipped through the cracks" can be costly. So, how can I be certain in determining whether I am Subject or Not Subject? An Advisory Opinion from the DOS Waiver Review Division is 100% reliable. If that division states you are Subject, then you are Subject. If they state that you are NOT Subject, then you are now and will always be NOT Subject. The Advisory Opinion is a FREE process, it does not "constitute a waiver" (as some J1 Visa Holders are afraid to violate the terms of their employment contract), and it processes in about 1-2 months. How can an Immigration Attorney Help? An Attorney can assist with the Advisory Opinion as that is a service our office provides and an estimate can be found on our J1 Waiver Page ; however, an Attorney can also explain: Timelines Document Requirements Feasibility of a future plan End Goal of either an employment visa or immigration with a Green Card Related Blog Posts: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion https://www.fickeymartinezlaw.com/immigration/can-i-apply-for-a-j1-waiver-simultaneously-with-my-green-card-filing Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This Blog Post will cover the topic that receives "mixed reviews" from J1 Physicians: the CONRAD 30 WAIVER PROGRAM. A Physician that has the J1 2-year Home Residency Requirement (aka Restriction) has generally heard about this waiver option. Some Physicians like the program because progresses their career and keeps them in the United States, which can pay higher or have better benefits that abroad. However, other may dislike it because: Rural Living/Placement Lower Pay from current area of employment Less opportunities for J2 Family Members The State they DO WANT TO LIVE IN has already capped out the CONRAD 30 Positions Now, CONRAD 30 is an option, and the reality is: IT IS AN UNDERUSED OPTION. Common medical professionals, such as (not an exhaustive list): Anesthesiologist Cardiologist Family physician Gastroenterologist Neurologist Obstetrician/gynecologist (OBGYNs) Oncologist Pediatrician Radiologist Surgeon Urologist May want to reconsider this J1 Waiver Option. The CONRAD 30 does have three (3) main requirements, which give the most concern to Physicians: MUST acquire a NO OBJECTION STATEMENT from their home country (this is something our office has assisted with for nearly a decade), BUT doctors are a prized commodity and the foreign government may really really really want you to return. MUST sign a contract and MUST thereafter complete 3 years under the H-1B Program from the Health Department or Rural Placement. MUST complete the other CONRAD 30 Program Requirements. The Numbers: The Term/Title: UNDERUSED, that was not an exaggeration or play on words. Statistically, of the 1500 Conrad 30 Positions available every year, only 880 to 1167 (statistics taken over a 5 year period). CONRAD 30 is generally unable to place 1/3 of its available positions with Physicians. ( Source ) As an Immigration Law Firm that assists many types of J1 Professionals, I would recommend looking at the less "frequented" states. Colorado , a beautiful state with nearly 6 million people ALMOST NEVER FILLS THEIR CONRAD 30 POSITIONS. If I was a J1 Physician, and I was heavily considering this J1 Waiver, I would go to a place where there is no competition, like Colorado . (Opinion of an immigration attorney). Here is a link to help guide you . In reality, 1/3 of the positions are available/unused. If a J1 physician needs a waiver, maybe consider looking outside of your geographical area because opportunities are available, if you look elsewhere. If you have questions or need assistance with the No objection Statement, please schedule a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This blog post will cover the two main waiver types common for J1 Public School Teachers: No Objection Statement (NOS) and Exceptional Hardship. What many don't know are the actual statistics for J1 Visa Holders. Some might look at the below DOS Waiver Review Statistics, and think, I have a GREAT chance for success:
With the USCIS Fee Increases that occurred on April 1, 2024, USCIS Filings will be rejected, refused, returned to unknowing filers. The filings will be returned with a template letter stating template-terms such as: Incorrect Fee Payment Incorrect Form Editions Insufficient Funds The fact of the matter would be that the USCIS Filing is rejected and the new fee would be required. The next question is: what should you do next? Should you look online and pay the new fees? Our office would recommend stepping back and reviewing the entire filing. Eligibility must be confirmed. Supporting documents must be confirmed. Form Editions must be confirmed. These topics will be discussed below. Topic: Eligibility Most (Minor) USCIS Filings are now available online at USCIS.GOV. The online system does a great job at screening eligibility and raising red flags when something is amiss. However, the paper filings do not have the same luxury. Over 550,000 applicants file for the (Major) I-485 Adjustment of Status each year. Over 50k spousal filings, 15k fiance filings, 3k child/step-child filings, and 50k parent filings all pursue Adjustment of Status through the USCIS Agency. These filings are riddled with RFEs, experience 1-5 years processing times, denials on eligibility for part or all of the filings and supplemental filings, and straight-up confusion. Some of the most common issues affecting eligibility are as follows: US Citizen has a low taxable income affecting sponsorship Immigrant has a visa violation(s) affecting inadmissibility The underlying relationship ends and US Residence ceases A consult with an immigration attorney can help alleviate this concern. Alternatively, our office has some guides to target eligibility: https://www.fickeymartinezlaw.com/immigration/can-i-apply-for-a-j1-waiver-simultaneously-with-my-green-card-filing https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/understanding-adjustment-of-status-movements-around-the-nation-raleigh-durham-processing https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage https://www.fickeymartinezlaw.com/immigration/va-disability-and-us-immigration https://www.fickeymartinezlaw.com/immigration/i-864-self-employment-and-business-ownership https://www.fickeymartinezlaw.com/immigration/i-864-sponsorship-how-is-ssi-and-ssdi-assessed Topic: Supporting Documents Supporting documents are mandatory with any USCIS Filing. The main documents not normally provided are: valid birth certificates with english translation proof of relationship proof of financials/income/taxes A consult with an immigration attorney can help alleviate this concern. Alternatively, our office has some resources to target eligibility: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends https://www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates Topic: Form Editions DO NOT rely on the expiration date on the top right corner of the USCIS Forms. DO NOT! The USCIS Forms almost always state a form is valid for 2 years after creation. However, some forms can update ever 6-12 months. Check the the USCIS Website, regarding the specific form and the edition date information (as it will also state if prior editions are still be accepted). Where do you verify the USCIS Filing Fee? The G-1055 is the main source to verify USCIS Filing Fees. Conclusion If you have addressed the above three topics, you are ready to re-submit. If you receive a second rejection, it is time to probably consult with an immigration attorney. Just know, USCIS Filing Fees, for instance the $2955 for a full AOS Filing, are expensive. If the AOS is ultimately denied, paying the fees a second time will feel more painful. Our office has frequently assisted with filers that have been denied once, twice, three time in the past. If you'd like to schedule a consultation with an immigration attorney, consider our office. We can assist regardless of state you country you reside in. Our office/attorney Biography can be seen here: https://www.fickeymartinezlaw.com/team Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
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 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.
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. 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.
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. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This 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: 10% 12% 22% 24% 32% 35% 37% 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:
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? 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 insurance policies and your ultimate goals. 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.
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 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 insurance policies and your ultimate goals. 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.
DISCLAIMER – The information does not constitute legal advice and please be aware that neither this website nor the use of information from this website creates an attorney-client relationship.
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