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January 25, 2017 Executive Order: Border Security and Immigration Enforcement
fickeymartinez • Jan 27, 2017
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Immigration is strongly guided by the President. This Executive Order below will mold a new kind of immigration law and policy for the 2017-to-2021 (or longer) presidential term. See below:
Executive Order: Border Security and Immigration Enforcement Improvements
EXECUTIVE ORDER
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BORDER SECURITY AND IMMIGRATION ENFORCEMENT IMPROVEMENTS
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (INA), the Secure Fence Act of 2006 (Public Law 109 367) (Secure Fence Act), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104 208 Div. C) (IIRIRA), and in order to ensure the safety and territorial integrity of the United States as well as to ensure that the Nation’s immigration laws are faithfully executed, I hereby order as follows:
Section 1. Purpose. Border security is critically important to the national security of the United States. Aliens who illegally enter the United States without inspection or admission present a significant threat to national security and public safety. Such aliens have not been identified or inspected by Federal immigration officers to determine their admissibility to the United States. The recent surge of illegal immigration at the southern border with Mexico has placed a significant strain on Federal resources and overwhelmed agencies charged with border security and immigration enforcement, as well as the local communities into which many of the aliens are placed.
Transnational criminal organizations operate sophisticated drug- and human-trafficking networks and smuggling operations on both sides of the southern border, contributing to a significant increase in violent crime and United States deaths from dangerous drugs. Among those who illegally enter are those who seek to harm Americans through acts of terror or criminal conduct. Continued illegal immigration presents a clear and present danger to the interests of the United States.
Federal immigration law both imposes the responsibility and provides the means for the Federal Government, in cooperation with border States, to secure the Nation’s southern border. Although Federal immigration law provides a robust framework for Federal-State partnership in enforcing our immigration laws and the Congress has authorized and provided appropriations to secure our borders the Federal Government has failed to discharge this basic sovereign responsibility. The purpose of this order is to direct executive departments and agencies (agencies) to deploy all lawful means to secure the Nation’s southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely.
Sec. 2. Policy. It is the policy of the executive branch to:
(a) secure the southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism;
(b) detain individuals apprehended on suspicion of violating Federal or State law, including Federal immigration law, pending further proceedings regarding those violations;
(c) expedite determinations of apprehended individuals’ claims of eligibility to remain in the United States;
(d) remove promptly those individuals whose legal claims to remain in the United States have been lawfully rejected, after any appropriate civil or criminal sanctions have been imposed; and
(e) cooperate fully with States and local law enforcement in enacting Federal-State partnerships to enforce Federal immigration priorities, as well as State monitoring and detention programs that are consistent with Federal law and do not undermine Federal immigration priorities.
Sec. 3. Definitions. (a) “Asylum officer” has the meaning given the term in section 235(b)(1)(E) of the INA (8 U.S.C. 1225(b)(1)).
(b) “Southern border” shall mean the contiguous land border between the United States and Mexico, including all points of entry.
(c) “Border States” shall mean the States of the United States immediately adjacent to the contiguous land border between the United States and Mexico.
(d) Except as otherwise noted, “the Secretary” shall refer to the Secretary of Homeland Security.
(e) “Wall” shall mean a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier.
(f) “Executive department” shall have the meaning given in section 101 of title 5, United States Code.
(g) “Regulations” shall mean any and all Federal rules, regulations, and directives lawfully promulgated by agencies.
(h) “Operational control” shall mean the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.
Sec. 4. Physical Security of the Southern Border of the United States. The Secretary shall immediately take the following steps to obtain complete operational control, as determined by the Secretary, of the southern border:
(a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border;
(b) Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border;
(c) Project and develop long-term funding requirements for the wall, including preparing Congressional budget requests for the current and upcoming fiscal years; and
(d) Produce a comprehensive study of the security of the southern border, to be completed within 180 days of this order, that shall include the current state of southern border security, all geophysical and topographical aspects of the southern border, the availability of Federal and State resources necessary to achieve complete operational control of the southern border, and a strategy to obtain and maintain complete operational control of the southern border.
Sec. 5. Detention Facilities. (a) The Secretary shall take all appropriate action and allocate all legally available resources to immediately construct, operate, control, or establish contracts to construct, operate, or control facilities to detain aliens at or near the land border with Mexico.
(b) The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations pursuant to applicable regulations.
(c) The Attorney General shall take all appropriate action and allocate all legally available resources to immediately assign immigration judges to immigration detention facilities operated or controlled by the Secretary, or operated or controlled pursuant to contract by the Secretary, for the purpose of conducting proceedings authorized under title 8, chapter 12, subchapter II, United States Code.
Sec. 6. Detention for Illegal Entry. The Secretary shall immediately take all appropriate actions to ensure the detention of aliens apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country to the extent permitted by law. The Secretary shall issue new policy guidance to all Department of Homeland Security personnel regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as “catch and release,” whereby aliens are routinely released in the United States shortly after their apprehension for violations of immigration law.
Sec. 7. Return to Territory. The Secretary shall take appropriate action, consistent with the requirements of section 1232 of title 8, United States Code, to ensure that aliens described in section 235(b)(2)(C) of the INA (8 U.S.C. 1225(b)(2)(C)) are returned to the territory from which they came pending a formal removal proceeding.
Sec. 8. Additional Border Patrol Agents. Subject to available appropriations, the Secretary, through the Commissioner of U.S. Customs and Border Protection, shall take all appropriate action to hire 5,000 additional Border Patrol agents, and all appropriate action to ensure that such agents enter on duty and are assigned to duty stations as soon as is practicable.
Sec. 9. Foreign Aid Reporting Requirements. The head of each executive department and agency shall identify and quantify all sources of direct and indirect Federal aid or assistance to the Government of Mexico on an annual basis over the past five years, including all bilateral and multilateral development aid, economic assistance, humanitarian aid, and military aid. Within 30 days of the date of this order, the head of each executive department and agency shall submit this information to the Secretary of State. Within 60 days of the date of this order, the Secretary shall submit to the President a consolidated report reflecting the levels of such aid and assistance that has been provided annually, over each of the past five years.
Sec. 10. Federal-State Agreements. It is the policy of the executive branch to empower State and local law enforcement agencies across the country to perform the functions of an immigration officer in the interior of the United States to the maximum extent permitted by law.
(a) In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)).
(b) To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary. Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.
(c) To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in the manner that provides the most effective model for enforcing Federal immigration laws and obtaining operational control over the border for that jurisdiction.
Sec. 11. Parole, Asylum, and Removal. It is the policy of the executive branch to end the abuse of parole and asylum provisions currently used to prevent the lawful removal of removable aliens.
(a) The Secretary shall immediately take all appropriate action to ensure that the parole and asylum provisions of Federal immigration law are not illegally exploited to prevent the removal of otherwise removable aliens.
(b) The Secretary shall take all appropriate action, including by promulgating any appropriate regulations, to ensure that asylum referrals and credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1125(b)(1)) and 8 CFR 208.30, and reasonable fear determinations pursuant to 8 CFR 208.31, are conducted in a manner consistent with the plain language of those provisions.
(c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II).
(d) The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.
(e) The Secretary shall take appropriate action to require that all Department of Homeland Security personnel are properly trained on the proper application of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), to ensure that unaccompanied alien children are properly processed, receive appropriate care and placement while in the custody of the Department of Homeland Security, and, when appropriate, are safely repatriated in accordance with law.
Sec. 12. Authorization to Enter Federal Lands. The Secretary, in conjunction with the Secretary of the Interior and any other heads of agencies as necessary, shall take all appropriate action to:
(a) permit all officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to have access to all Federal lands as necessary and appropriate to implement this order; and
(b) enable those officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to perform such actions on Federal lands as the Secretary deems necessary and appropriate to implement this order.
Sec. 13. Priority Enforcement. The Attorney General shall take all appropriate steps to establish prosecution guidelines and allocate appropriate resources to ensure that Federal prosecutors accord a high priority to prosecutions of offenses having a nexus to the southern border.
Sec. 14. Government Transparency. The Secretary shall, on a monthly basis and in a publicly available way, report statistical data on aliens apprehended at or near the southern border using a uniform method of reporting by all Department of Homeland Security components, in a format that is easily understandable by the public.
Sec. 15. Reporting. Except as otherwise provided in this order, the Secretary, within 90 days of the date of this order, and the Attorney General, within 180 days, shall each submit to the President a report on the progress of the directives contained in this order.
Sec. 16. Hiring. The Office of Personnel Management shall take appropriate action as may be necessary to facilitate hiring personnel to implement this order.
Sec. 17. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 25, 2017.
The post January 25, 2017 Executive Order: Border Security and Immigration Enforcement appeared first on Fickey Martinez Law Firm.
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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