What's a Visa Bulletin and Priority Date?So you want to come to America, but don’t know if you are eligible for a visa? Well, every month, the U.S. Department of State issues what’s known as the visa bulletin? The United States places a legal limit on the number of foreign nationals that are allowed to enter and stay permanently each year. To keep potential applicants abreast of the available visas, the visa bulletin is published and contains information regarding the amount of available immigrant visa numbers for potential applicants. For example, if you are interested in applying for an employment-based visa, you would at the chart provided on the website and scan the multiple categories until you find the area you are interested in applying. Once you find the area you are interested in, you will be aware of the amount of visas available for your particular area of interest. In order to control the rates of immigrants intending to permanently reside in the U.S., a system was created by the Immigration and Nationality Act. They set a limit per-country, and per category on the amount of visa offered. There are certain procedures that you must go through to determine eligibility. For example, the employment-based category we mentioned above uses the date that the case was initiated and submitted the first appropriate filing, (known as the priority date) to the USCIS or the DOL. There are also cutoff dates listed in the charts according to date, category, and country under the employment-based category. Therefore, in order to be eligible for a visa, your priority date must fall prior to the cutoff date, and is what’s known as “being current”. Generally, the demand for a visa number is higher then the amount of visa’s allocated for areas such as employment based or family based visas. If the demand should exceed the amount of visas allotted in certain areas, they will be oversubscribed. Certain high demand countries such as China, India, Mexico and the Philippines have a much longer wait time compared to the rest of the world. The cutoff dates in the visa bulletin are established by the DOS and based upon estimates of demand. This is just a brief outline explain the visa bulletin. If you are interested in learning more about the multitude of various visas that the United States offers, please visit their website here. If you have any questions or would like to schedule a one-on-one consultation with one of our attorneys, please do not hesitate to contact us. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Floor New York, NY 10004 212-323-7435
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OMG OMG OMG, I'M GETTING MARRIED!!!You’ve met “the one” and now plan to live happily ever after in the United States? Congrats on getting married!! Now, you would like to apply for a green card? Immigration law allows certain citizens, such as your spouse or an immediate relative to petition certain relatives to live here in the United States. However, certain steps must be taken in order to apply for a green card through your spouse or immediate relative. First, your U.S. citizen spouse or immediate relative must file Form I-130, which is a Relative petition. The purpose of this form is to establish that there is an immediate family relationship. Once the I-130 is either received or approved, you should receive Form I-797, stating that your I-130 form was either received or approved. Then, after receiving this notice, you must have your spouse or relative file Form I-485, which is an Adjustment of Status petition. There are two important distinctions that must be noted when filling out your application: whether you came to the United States legally or illegally. If you entered legally, it means that you received a valid non-immigrant visa such as a tourist, student, or temporary worker visa, and you were inspected by an officer of the U.S. border patrol at the entry site you entered, such as by air, sea or bus. If you entered legally and have overstayed your current visa, you must pick this option when filling out your application. If you have entered the United States illegally, you will not be eligible to file the Adjustment of Status. However, you may be able to do so if an employer or family member filed an immigrant petition on your behalf: before Jan 14, 1998 or between Jan 14, 1998 and April 21, 2001, and you can also prove that you were physically present in the U.S. on December 21, 2000. If you are not within the United States and you are an immediate relative of a U.S. citizen, you can in fact become a permanent resident through the process known as consular processing. This process involves the USCIS working with the Department of State to issue you a visa once you have an approved I-130 Form. Once everything has been approved, you may then travel to the United States and will officially become a permanent resident upon entering a U.S. entry port. Our attorneys are always here to help you. If you have any questions or concerns, please contact our office to schedule a private one-on-one private consultation. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 What Are the Requirements for Affirmative AsylumRequirements for Affirmative Asylum There are two ways of obtaining asylum in the United States. Through the affirmative process and the defensive process. We will discuss in further detail the affirmative process below. In order to obtain affirmative asylum in the U.S., you must first be physically present in the United States, regardless of how you got here or your current immigration status. Once you are located in the United States, you must then file (within a year of your last arrival in the United States) an Application for Asylum and for Withholding Removal form I-589. It is important to note that you may not be eligible to apply for asylum if you do not follow the one-year filing deadline for Form 1-589; if you previously had an asylum application denied by an immigration judge or Board of Appeals; or if you may be safely removed to a 3rd country. Next, once USCIS has received your application, you will receive both a notice providing acknowledgment that they received your application, and a notice instructing you to visit your nearest application support center to be fingerprinted. Everyone is fingerprinted for the purpose of background or security checks. You will not need to pay any fee’s to have your fingerprints taken, nor is there an application fee. If your spouse and children are also requesting asylum, they must go with you to your appointment. Once the fingerprinting has been completed, you will next receive a notice in the mail regarding the date and time of your scheduled interview. The interview will take place with an asylum officer at one of the 8 asylum offices, or at the USCIS field office. They will determine depending on where you live, where the interview shall take place. On the actual day of your interview, you must bring a form of identification such as: any passports you may have, travel or identification documents, and form I-94, Arrival Departure Record, if you received one when you arrived here in the United States. There are many additional documents you must bring to the interview that we would be happy to assist you with. Furthermore, if you should feel more comfortable with an attorney present, you are entitled to bring one to your interview. You must bring your spouse and children that are also seeking asylum, and if you do not speak English, you must bring an interpreter (over 18 years old) with you to the interview, as one will not be provided for you. If you wish, you may also bring witnesses to testify on your behalf. The interview generally last about an hour, depending of course on the case. An Asylum Officer will make a determination on eligibility. They will determine you are either eligible for asylum, or they will bar you from being granted asylum. Lastly, you must return to the asylum office to pick up the decision generally around two weeks after you’ve been interviewed. You may live in the United States while your application is pending before USCIS. If you are found to be ineligible, you can remain in the United States while your application is pending with the Immigration Judge. If you think you qualify for Affirmative Asylum, please contact us through our website or by calling us at 212-323-7435. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com WARNING: THIS INFORMATION IS OUT OF DATE AS A RESULT OF Matter of DHANASAR. Case information is downloadable here: https://www.justice.gov/eoir/page/file/920996/download How do I know if I qualify for an NIW Petition?Requirements for someone applying for National Interest Waivers: EB2! *To apply for this waiver, you must be a foreign nationl with an advanced degree or it’s equivalent, or a foreign national with an exceptional ability in the sciences, arts or business. Normally, in order to petition for employment-based immigration, you need a permanent job offer and an approved labor certificate. However, there is always an exception to every rule. The practice of law is riddled with many rules - and with every rule there is an exception. In this case, a National Interest Waiver, also called an EB2 (NIW or an EB2 NIW), is a petition an applicant can apply for, which waives the need for a labor certificate or a job offer from a United States employer. There are of course requirements that must be met in order to be eligible for this waiver application. You as the foreign national, have the burden of proving the following on your application. The requirement test is known as the NYSDOT test. You must show that you work in an area of “substantial intrinsic merit”, meaning, you are someone with an advanced degree or its equivalent, or are a foreign national with an exceptional ability in the sciences, arts or business. Secondly you are required prove that your work, although it might be limited to a particular geographical area, the impact will be national in scope. Lastly, you must prove that by waiving this labor certification requirement, you would be benefitting the national interests of the United States. Again, you may do so by attaching copies of published articles recognizing your achievements; copies of grants or funding you may have received for your work, and documents proving how others have implemented your work. If you meet all of these requirements, you may apply for permanent residence for yourself, your spouse and your children under 21 years of age. Once the applicant files the permanent residence application, the spouse may then also apply for work permits and travel documents to use while the petition is pending. Due to the complexity and high standards involved with NIW petitions, we urge you to seek legal assistance. If you have any questions about your eligibility for the NIW, please do not hesitate to contact us through our website www.arvandlaw.com or by calling us directly at 212-323-7435. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com I've Been Detained by DHS. What is a Bond Redetermination Hearing?A bond hearing is what’s known in the law as your right to procedural due process, meaning, your guaranteed right. However, the law does not afford you the same right when it comes to your release on bond. Therefore, many immigrants who may be here unlawfully and who have been detained must sit and wait for long periods of time in custody, while necessary paperwork is filed that will determine, when and if the immigrant will be released or removed. Bonds are set for immigrant detainees by Immigration Judges and the Department of Homeland Security. They make the determination as to whether you are “bondable” and if so, in what amount. If you are not happy with the determination by the officers, you may seek a bond redetermination hearing. The process: First, the application for a bond-redetermination hearing must be made by you or your attorney in writing, or if the judge allows, by telephone. You as the detainee must provide proof that you are not a flight risk, or a danger to the community in order to be released. It is up to you, your family, and your lawyer to provide the Judge with as much information with regard to your criminal history, rehabilitation, compliance with immigration proceedings and orders, whether you have a place to live once you are released, your behavior while being detained, the length of your detention, why you believe you have a strong case and any other issues pertinent to your case in order for the Judge to grant your request for a subsequent hearing. The judge will make their determination and you will be informed either orally or in writing for reasons of their decision. If you or a loved one is currently being detained for a prolonged period of time while their removal case is pending, please contact us at www.arvandlaw.com we are here to help you through this difficult time. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com DisclaimerThis video contains attorney advertising. Prior results do not guarantee a similar outcome. M. Ray Arvand, Esq. is licensed to practice law in the State of Connecticut. Josie Cardoso-Rojo, Esq. is admitted in the States of New York and Florida. 26 Broadway, 21st Floor, New York, NY 10004 646-660-2658 http://www.ArvandLaw.com "I Pledge Allegiance to the Flag..."So, you want to be a United States Citizen…here’s what you need to know. So, you’ve gotten your Green Card, and now you’re ready to take the next step... becoming a United States Citizen! You can start waving your flag now. Although the process may seem daunting and intimidating, we are always here to help you through the process. As we always tell our clients: “The immigration process is plenty stressful. Finding the right attorney shouldn’t be.” First, “naturalization” is the process by which immigrants become United States citizens. For you to become a naturalized citizen, you must first fill out the N-400 form which is the application to become a citizen of these great United States. However, before filling out this application, you must first determine that you are actually entitled to do so. There are criteria that you must meet before applying for citizenship. Here are a few examples: you must demonstrate that you are 18 years old at the time of filing, you must be able to prove good moral character, and you must have been a permanent resident of the United States for a specific time period. For the complete evaluation of your eligibility, please do not hesitate to contact our attorneys for a one-on-one confidential consultation. Once you have satisfied all of the eligibility requirements, you must sit for a naturalization test. Don’t worry, this is not a difficult test. They are not going to test you on the Federalist Papers. However, it is a test of your basic knowledge of U.S. history and government, and that you are able to read, write, and understand English. For example, "Who is the President of the United States?" "Who is the Vice President of the United States?" etc. Our attorneys can sit down with you and fill out the N-400 with you to make sure that your application is complete and accurate. If you have any further question or inquiries regarding how to become a United States Citizen, please do not hesitate to contact us. You can reach one of our attorneys by logging onto our home page to schedule a private one-on-one consultation. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com |
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