New Immigration Law Change from President Obama

This past January, President Barack Obama announced a new immigration proposal that will affect many immigrants living in America.

Under the current law, if you or family members are in the United States illegally, they will have to go back to their home country to apply for a visa and come to the U.S. with legal status. This is very difficult for many families because sometimes, your illegal husband, wife, children, mother, father, or brother and sisters are the only ones who have a job. They’re the only ones who are able to pay the bills and support the family. In the immigration process, sometimes they must leave for up to 10 years at a time.

President Obama’s proposal will change the rule that people must go abroad to finish applying for a visa.

The new law introduces an easier and simpler way of keeping families together by letting people apply for a Hardship Waiver. Basically, a hardship waiver states that the person who is applying for immigration should not have to depart in order to complete the immigration process if that person’s family will suffer from the separation.

For example, let’s say your father is the only person in your family with a job and he has to support his wife and children. In this case, he wants to become a citizen so that his family can live in America without fear of being deported. But, if he were to apply for a visa, he would have to go back to his home country to attend interviews there. In this case, the new law would help keep your father at home with his family while he applies for a visa. He does not need to leave his wife and children alone in a foreign country. He can work and begin the citizenship process from right here in America.

Besides financial reasons, some families are dealing with more problems like health issues, diseases, mental problems, depression, anxiety, learning disorders, pregnancy, or any other serious problems. If your family is dealing with any of these, your case for a Hardship Waiver is even stronger.

If you or a close family member are here illegally and want more information about how to apply for a visa or green card without leaving the U.S., speak with an immigration attorney right away.

Please contact Immigration Lawyer Phillip Kim at (619) 752-5379 for more information about the Hardship Waiver.

Or visit him on the web: 

PKimmigration 

phillipkimlaw 

Employment in the U.S.: Do You Qualify for an H-1B Visa?

H-1B visas apply to people who want to come to the U.S. to perform special services or work on the basis of exceptional merit. You can live in the U.S. for 3 years and this time can be extended up to 6 years.

If you would like to be considered for an H-1B visa for specialty occupations, one of the following must be true about your job.

·         The job requires someone who has a Bachelor’s degree or higher. In some countries, the Bachelor’s degree is known by another name – that is fine as long as it is equivalent to a Bachelor’s degree.

·         Secondly, it must be true that the employer normally needs someone with a degree to work. It also has to be normal for the industry to require a degree from workers. For example, it is a common rule that doctors, teachers, or engineers to have some form of degree in order to work. Restaurant or gas station jobs do not require special degrees from its workers.

·         The job can also be so complicated that it cannot be done by a worker who does not have a degree or Bachelor’s degree.

If your job meets just one of the conditions listed above, the first check has been completed. You are now ready to determine if you meet the criteria to apply for an H-1B visa. In order to be eligible, you must meet one of the following conditions.

·         You must hold a U.S. Bachelor’s degree or its foreign equivalent that is required by your employer at an accredited university or college.

·         Or, you must have a license that indicates that you are authorized to work in the state where you are employed. If you are planning on working in California, your license should state that you are permitted to practice your employment in this state.

If you don’t fall into the categories listed, you still have a chance at being accepted for an H-1B:

·         Have you worked or trained in a job enough that you now have the education and expertise of someone who has a degree? Then you might qualify. It is necessary that your knowledge of the field is recognized through advanced employment positions that indicate your level of training in the field.

If your job satisfies one of the criteria above and you educational or employment history indicates that you meet one of the criteria as well, then you may have a chance at receiving an H-1B visa. Other factors must be taken into consideration like the H-1B cap. Every fiscal year, 65,000 H-IB visas are granted to workers. If you have an advanced degree, higher than a Bachelor’s, then you may be exempt from the cap. Also, extra visas are set aside every year for workers from Chile and Singapore. Otherwise, your application may be rejected due to the limit per year. Contact an immigration attorney for more information about the fiscal year cap and whether or not you qualify for an H-1B visa.

Because determining your eligibility is a complicated task, it is recommended that you seek the assistance of an attorney. If you have any questions about the H-1B visa, please contact Immigration Attorney Phillip Kim at (619) 752-5379

Or, visit him on the web:

PKimmigration

phillipkimlaw

Family Immigration: Green Cards

One of the most popular forms of becoming a permanent resident is through family immigration. Broadly speaking, there are four types of individuals who may be eligible to apply for a green card through a family member. You may be eligible if you:

Are directly related to a U.S. citizen

·        Including husbands and wives, unmarried children who are younger than 21, and parents of a U.S. citizen who is at least 21 years old

Are related to a U.S. citizen and if you fit into a preference category

·        Including unmarried children who are older than 21, married children (regardless of age), and siblings of a U.S. citizen who is at least 21 years old

Are related to a green card holder

·        Including husbands/wives and unmarried children who are related to the permanent resident

·        In this case, citizenship is not required, but permanent residency is

Belong to a special category

·        Including abused spouses or children (VAWA), someone who was born to a foreign diplomat in the U.S., K and V non-immigrants, and widows or widowers of a U.S. citizen

For more information on family based immigration and green cards, please refer to the links or contact Immigration Attorney Phillip Kim at (619) 752-5379 or visit him on the web:

PKimmigration

phillipkimlaw

Related to a U.S. Citizen, but Not an Immediate Relative? You May Still be Eligible for a Green Card

For those of you who do not fall into the category of immediate relative, you may still have a chance at applying for a green card through a family member. People who belong to the “family preference” category include children who are unmarried and older than 21, children who are married (any age), and siblings – in this last case, the U.S. citizen must be over the age of 21.

Unlike the process for immediate relatives, there are a limited number of visas that are issued each year for this category. For this reason, the relative living abroad must wait until they are issued a visa number. The wait depends on the number of applicants for that particular visa during that year and other factors such as processing and government handling of requests.

If you are already in the U.S., your relative must file Form I-130. When it is approved, you must wait until the priority date in the family preference category becomes current. The priority date is the date when the I-130 is properly sent. When it becomes current, you can file the I-485 which will allow you to adjust your status. Eventually, the adjustment process will result in your status as a permanent resident.

If you are outside the U.S., you must undergo the process of consular processing. This type of processing occurs when USCIS works with the Department of State to issue a visa on an I-130 that has been approved. When the Department of State issues you the visa, you can travel abroad and will become a permanent resident when you enter the U.S.

As with most immigration cases, certain factors must be taken into consideration when filing for a green card or citizenship. For one, sometimes it is possible for a person to reach 21 years of age and still be classified as a child. As per the Child Status Protection Act, your child’s age can be frozen to the date when you filed the I-130. If your child was 19 years old when you filed, it may be possible for the child to still be considered at that age.

Also, if you are the child of a U.S. citizen, the status you belong to can change with marriage. If you get married, your status will change from “unmarried son or daughter” to “married child”. This change will result in delays in processing your application for a green card or when your visa will become available. You must keep USCIS informed on any changes in your marital status. Even if the I-130 has been filed, USCIS requires that you keep the agency informed about any changes to your application.

Immigration law is detailed and, at times, difficult to understand. If you are unsure about any policies or requirements, please contact Attorney Phillip Kim.

Immediate Relatives of a U.S. Citizen and the Green Card

One of the most popular ways of becoming a U.S. citizen is through an immediate family member. When it comes to applying for a visa, immediate relatives are given top priority. There are an unlimited number of visas available for family members. So, if you are an immediate relative of a U.S. citizen, you will not need to be waitlisted until a visa number becomes available. Usually, a visa should be available right away.

You are designated as an immediate relative if you are the spouse, child, or parent of a U.S. citizen. As a child, you must be under the age of 21 and unmarried. If you are applying as the parent, the U.S. citizen must be at least 21 years of age.

You may apply for a green card either while you are in the U.S. or while you are abroad.

If you are currently in the U.S., you can complete the application process in one step: you file an I-485 and your U.S. citizen relative petitions with Form I-130. This must be done at the same time. Filing forms can be complicated, and one mistake could result in a rejection of your request. It is recommended that you seek the assistance of an attorney who is specialized in immigration to help you file these forms.

Sometimes, the petitioner (the U.S. citizen you are related to) files the I-130 early. In this case, you can still file an I-485 as long as the petitioner’s request has not been rejected. When you receive a Notice of Action that tells you that the I-130 has been approved, you can submit from I-485. You will have to include a copy of the receipt or approval notice.

If you are not currently in the U.S., but are an immediate relative of a U.S. citizen, you have a different process to go through. First, the U.S. citizen must file form I-130 and it must be approved by USCIS. When USCIS approves of the petition, you must wait until they notify you that you are eligible to apply for a visa. When a visa is available, it will be issued to you. Once you have your visa, you can travel with it and you will become a U.S. permanent resident when you enter the U.S. If you fail to apply for a visa within one year after the Department of State has told you that you are eligible, your petition could be terminated. This entire process is known as consular processing.

Some conditions make it difficult for you to apply for a visa or green card through an immediate relative. In immigration, good timing makes all the difference. If you are applying as a child of a U.S. citizen, you must apply before you reach the age of 21. Once you pass that age, you will be moved into a different visa preference category that will make it more difficult to apply through a U.S. citizen parent. A visa may not be available to you immediately, and this will cause a delay in adjusting your status or processing your request for a green card. So, it’s important to begin the visa application process as early as possible.

On the same note, sometimes it is possible for a person to pass the age of 21 and still legally be called a “child”. Under the Child Status Protection Act, it is possible that USCIS will determine your age based on the date your parent files the I-130 for you. For example, if a parent files the form while the child is 20 years old, it may be possible to request that the child’s age be determined by that date.

Another factor that will make the immigration process lengthier and sometimes impossible is marriage. If you are under the age of 21, applying for a green card through a U.S. citizen parent, and married, then you no longer fall in the category of “immediate relative”. This means that your status will change from top priority for a visa to third priority, and a visa will not be available for you right away. It is important to keep USCIS updated on any change in your marital status after the I-130 has been filed and before you receive a visa or permanent status.

Finally, some situations we have come across specifically include:

A spouse has entered the U.S. with a different type of visa (sometimes a student visa or visitor’s visa)

The spouse of family member’s visa has expired and they are seeking a change in status or to apply for a green card through an immediate relative

Green card renewal – you can renew your green card whether it is expired or not. Past criminal convictions will affect your chances for obtaining a renewal.

If you have any questions about applying for a visa or green card through an immediate relative, please contact Attorney Phillip Kim.

Good Moral Character: Does it Apply to You?

If you have been researching immigration laws, you might have come across the terms “good moral character”. Many avenues of applying for citizenship require that the applicant be of good moral character. In fact, the naturalization process requires this of all applicants. The concept of good character is ambiguous and confusing for many people who are hoping to become U.S. citizens. At the Law Offices of Phillip Kim, we have had many clients approach us with questions about their moral character and whether it will prevent them from becoming citizens. We’ve written this article to clear the air on what it means to have good moral character.

First and foremost, U.S. Citizenship and Immigration Services (USCIS) will look at your criminal record. Certain crimes will result in barring you from becoming a U.S. citizen. These crimes include murder and aggravated felonies. Other less serious offenses might result in a short-term ban. During this time, the applicant will not be eligible for citizenship. Form N-400 is the form used to apply for U.S. citizenship. The form asks many questions about your criminal background. We urge you to respond truthfully and do not omit any criminal charges that were filed against you, even if they are no longer on record or expunged. If USCIS finds out about an issue from your past, you can be denied. Even minor events should be reported.

If you fall into the category of those who have a criminal record, you will need to send a copy of all documents pertaining to your case. For most, these documents include arrest warrants, reports, and court documents. You may also want to consider sending statements or examples of evidence that show your side of the story.

Some clients worry about traffic violations. You do not need to send documents for a traffic incident unless alcohol or drugs were involved. If a traffic violation resulted in an arrest, you will not need to send documents if the penalty involved points on your driver’s license or you were only forced to pay a fine less than $500.

An important note to keep in mind is that some serious crimes come with equally serious consequences. You can be removed (deported) for those crimes. In these cases, USCIS suggests that you seek the assistance of an immigration attorney.

While your criminal record is the primary tool used to determine whether or not you have good moral character, another factor will also jeopardize your plan of becoming a U.S. citizen: lying during interviews. Even if you get away with lying during an interview, if USCIS finds out that you lied later on, your citizenship can be taken away.

In addition, certain specific acts may classify you as someone who does not have good moral character. These include but are not limited to:

            Failure to pay child support

            Illegal activities such as prostitution or polygamy

            Crimes that involve fraud

            Crimes against the government

Being in jail or another institution for 180 days or more during the past 5 years (3 years if you are applying through marriage with a U.S. citizen)

For more information about good moral character, contact Attorney Phillip Kim at (619) 752-5379 or visit him on the web:

PKimmigration

phillipkimlaw

Victims of Domestic Abuse: How to Become a U.S. Citizen Safely

The Violence Against Women Act (VAWA) is a law that protects and aids victims of abuse. Though the law states “women”, it applies to men, women, and children. As a result of the passage of VAWA, programs that protect and provide services to victims have increased and expanded in America. For immigrants, this law is especially helpful to victims who want to become U.S. citizens, but are worried for their safety. If you’re a victim of violence and the abuser (spouse, child, or parent) is a U.S. citizen or holds a green card, you may be eligible to petition for a visa. More importantly, the process can take place in a way that would be safest for you: all paperwork can be filed without the abuser’s knowledge. The National Domestic Violence website contains more information for victims. Roughly there are three categories for those who can petition for a visa using VAWA: 1.      Spouse: if your spouse has abused you, and he or she is a U.S. citizen or permanent resident, you can file a petition for yourself. You can also apply for your children, if they are unmarried. 2.      Parent: if your spouse has abused your child, you can petition for yourself and your child. In addition, you can petition for your children who were not abused. Sometimes, parents are abused by their children. In this case, if your son or daughter is a U.S. citizen, you can also petition for a visa. 3.      Child: you qualify as a child if you are under the age of 21, have not been married, and the parent who abused you is a U.S. citizen. If your parent(s) abused you and you have children of your own, you can petition for them. If you have passed the age of 21, but younger than 25, then you can still apply but you will need to demonstrate that the delay in filing was due to the abuse. If you belong to one of the categories listed above, you may be eligible to petition. But you must meet another set of requirements. This is a common feature of immigration forms. You must not only meet an initial set of criteria, but your specific case must fall into eligibility requirements as well. If your spouse abused you but is not a U.S. citizen or green card holder, you might still be able to petition if the marriage ended due to death or separation (divorce) – but you must file within 2 years of the end of the marriage. Or, your spouse lost his citizenship or status as a permanent resident because of a domestic violence issue (again, you must file within 2 years of your spouse losing the status). Another option is that you thought you were legally married but your spouse was married to another person, making your marriage unlawful. These are just some of the conditions that must be met in order to establish that you were a victim of abuse. In addition, several other qualifications must be met. For example, it must be true that you lived with the abuser and that you did not get married just for immigration purposes. There is a different set of requirements for a child who is petitioning or if you are petitioning for a child. The child must be able to prove his/her relationship to the abuser. If you are older than 14, you have to demonstrate that you have “good moral character”. And again, you had to have lived with the abuser. For parents, the criteria are quite similar to the facts mentioned above. You had to have been abused, living or lived with the abuser, and have “good moral character”. If the abuser is no longer a U.S. citizen or had their green card revoked, it had to have been because of an action of domestic violence, and you must apply within 2 years of their change in status. If you believe you are eligible to petition for a visa through VAWA, you will need to file Form I-360 plus all other documents that provide USCIS with evidence. The form comes with other benefits besides granting you a visa. If your form is approved, you might be eligible to apply for a work visa. Victims of abuse often remain with their abuser due to financial constraints. With a work visa, you may be able to finance yourself and your children independently. An approved I-360 also opens the doors to green card issuance. Additional forms must be filed in order to apply for a permanent residence. For more information about petitioning through VAWA, contact specialized Immigration Attorney Phillip Kim at (619) 752-5379 or visit him on the web: PKimmigration phillipkimlaw