Lee & Garasia, LLCFindLaw IM Template2024-02-08T02:40:33Zhttps://www.njimmigrationattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1401994/2021/03/cropped-favicon-min-32x32.jpgOn Behalf of Lee & Garasia, LLChttps://www.njimmigrationattorney.com/?p=502232024-02-08T02:40:33Z2024-02-08T02:40:33ZParents who are U.S. citizens or lawful permanent residents (LPRs) are offered the opportunity to help their children immigrate to the United States.
The process involved – and the circumstances under which parents can act – depends on a parent's legal status in the U.S., the age and marital status of the child and other specific criteria set by U.S. immigration laws.
U.S. Citizens
U.S. citizens can petition for their children to immigrate to the U.S. when the following opportunities are applicable:
Immediate Relative (IR) Visas: These visas are available for unmarried children under the age of 21 of U.S. citizens.
Family Preference (F) Visas: If the child is married and/or over the age of 21, they fall into the family preference category. Specifically, unmarried sons and daughters over the age of 21 are classified as F1, and married sons and daughters of any age are classified as F3.
Lawful Permanent Residents (LPRs)
Permanent residents can petition for their children to join them in the U.S., but the options are more limited compared to those available to U.S. citizens:
F2A Category: This category is for unmarried children under the age of 21 of LPRs. Similar to IR visas for children of U.S. citizens, there is a higher priority for these applicants, but unlike IR visas, there are numerical limits, leading to potential waiting periods.
F2B Category: For unmarried children over the age of 21 of LPRs. This category has a lower priority compared to F2A and is subject to annual numerical limits, often resulting in longer waiting times.
General Process
The process typically involves the U.S. citizen or LPR parent filing a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the relationship between the parent and the child. Once the petition is approved and a visa becomes available (if applicable), the child can apply for an immigrant visa or adjust their status to a lawful permanent resident if they are already in the U.S.Parents aiming to help their children immigrate to the U.S. should thoroughly research the specific requirements and restrictions of each visa category. Seeking legal guidance to navigate the complex process as efficiently and effectively as possible is also wise.]]>by Paris Leehttps://www.njimmigrationattorney.com/?p=502192024-01-19T21:11:06Z2024-01-19T21:07:03Z
Mumps, measles, rubella;
Polio;
Tetanus and diphtheria toxoids;
Pertussis;
Haemophilius influeza type B; and
Hepatitis B;
Varicella
Influenza;
Pneumococcal pneumonia;
Rotavirus
Hepatitis A;
Meningococcal;
COVID-19
If an applicant has not received all of the listed vaccinations, the officer can denote that the person has a Class A condition and be ruled inadmissible. In general, someone who has been deemed inadmissible may be eligible for the following waivers:
The applicant has received the vaccinations (by the date of the decision on the adjustment application) which he/she previously failed to receive;
A civil surgeon or panel physician certifies that such vaccination would not be medically appropriate; or
The requirement would be contrary to the applicant’s religious or moral convictions.
The vaccinations will be reflected on Medical Form I-693 which will be completed by a designated civil surgeon. In most cases that we have seen, the vast majority of applicants will have all their vaccinations done except the COVID-19 shots. If there is a religious or moral objection to taking the COVID shots, an applicant must apply on Form I-601 for a waiver and demonstrate that:
The applicant is opposed to all vaccinations in any form; and
The religious belief or moral conviction must be sincere.
As this is a discretionary decision made by an officer, it is especially important to assemble any documentation or corroborating evidence that buttresses an applicant’s claim, and carefully consider how one is going to prove the sincerity of one’s faith or moral beliefs. It is not enough to be opposed to just some shots or opposed to vaccinations on the basis of scientific grounds without any connection to one’s conscience or religious beliefs. Please note that this is not just a matter of filing a form. If the above grounds are not scrupulously followed, the waiver will be denied, ultimately resulting in a denial of the adjustment of status application.
If you are seeking a waiver of the COVID-19 shots, our office can help you.
]]>by Paris Leehttps://www.njimmigrationattorney.com/?p=502172023-12-27T23:05:34Z2023-12-27T23:05:34Z
El Salvador: reregistration currently open and now runs through March 9, 2025;
Haiti: reregistration currently open and now runs through August 3, 2024;
Honduras: reregistration currently open and now runs through July 5, 2024;
Nepal: reregistration currently open and now runs through June 24, 2025;
Nicaragua: reregistration currently open and now runs through July 5, 2025;
Sudan: reregistration currently open and now runs through April 19, 2025.
Current TPS beneficiaries of these countries must reregister in order to maintain TPS benefits, including the ability to work legally and remain in the United States without fear of being removed. Additionally, while TPS does not lead to or grant permanent residence, it does allow beneficiaries to potentially apply for travel authorization as well adjustment of status in the US, provided there is an immigrant petition available and other eligibility requirements are satisfied.
If there have been any material change in circumstances since a previous grant of TPS, individuals should consult with immigration counsel before reregistering. Issues that can prove problematic include not only failing to reregister on time but also any criminal charges. The regulations stipulate that conviction of any felony or two or more misdemeanors committed in the US will generally disqualify a person from being granted TPS.
In order to reregister for TPS, you must file Form I-821, as well as Form I-765 if seeking work authorization. For more information on TPS as well as the renewal process, please call our office to schedule a confidential consultation.
]]>On Behalf of Lee & Garasia, LLChttps://www.njimmigrationattorney.com/?p=502132023-11-08T02:19:45Z2023-11-08T02:19:45Zcomplete a test in Civics and another that assesses their English language skills.
Many permanent residents spend months preparing for the naturalization tests. What happens if someone fails those tests?
People can retest one time
The naturalization tests are necessary for all but a select few who qualify for exemptions. People have to answer questions about the history or government of the United States. They must also show their proficiency in reading, writing, speaking and comprehending English.
There are study resources provided by the USCIS, and many community organizations provide support for those learning English as immigrants seeking to naturalize. Still, English is a very hard language to learn, and the system of government in the United States confuses a lot of people. Even those who study carefully may struggle during their naturalization tests. Therefore, the USCIS does extend some leniency to those who fail their immigration tests.
The applicant who failed will have the option to schedule a second test between 60 and 90 days after the first test. If someone passes when retaking the test, they can move forward with the naturalization process. If they fail again, they will have to restart the naturalization process to become a citizen.
Failing a naturalization test does not automatically lead to someone's removal from the United States. It simply delays their citizenship. In some cases, people do not reapply after failing the first time. But, by seeking proper support, passing is a genuine possibility.]]>by Paris Leehttps://www.njimmigrationattorney.com/?p=502112023-10-31T16:28:16Z2023-10-31T16:28:16ZSee 9 FAM 402.2-5 (C ) (U). Given this, professional Brazilian Jiujitsu athletes entering on B-1 Visas are allowed to receive prize money for tournaments and competitive events. However, athletes are not allowed to receive any remuneration or compensation for anything other than the competitive event. This means that athletes who are here to compete for the IBJJF World Championships, ADCC, Pan Championships, or other promotions need to be wary and careful of their extracurricular activities on their downtime when they are not competing. They should resist the temptation of getting paid for private lessons, seminars; or engaging in any type of activity that could be construed or perceived as earning money for a service.
It is worth noting that B-1 visas, as well as B-2 tourist visas, are generally limited to six months, after which the individual will be expected to leave the US and return to his/her country of residence. If the professional Brazilian Jiujitsu athlete is looking to actually work in the US and receive compensation for his athletic ability, the athlete should certainly explore other options such as the P-1 Visa, O-1 Visa, or even permanent residence through the EB-1, EB-2, EB-3 process. These options provide a lot more flexibility in terms of employment and length of stay here. However, the requirements are stringent and like training for a tournament, require strategy, dedication, and focus.
To learn more about what kind of options you may have as Brazilian Jiujitsu competitor, whether Gi or No-Gi, please contact our office and ask to schedule a consultation with Paris Lee, Esq. Attorney Lee has over 25 years of experience in the legal field and holds a Third-Degree Black Belt.]]>by Paris Leehttps://www.njimmigrationattorney.com/?p=502092023-10-02T21:37:48Z2023-10-02T21:37:48Z
Those who pose a threat to national security, such as those engaged in or suspected of terrorism
Those who pose a threat to public safety, such as individuals charged with serious crimes
Those who pose a threat to border security, ie., people who were apprehended while trying to enter or those who unlawfully entered the US after November 1, 2020.
Furthermore, the memo encourages EOIR adjudicators (EOIR stands for the Executive Office of Immigration Review—such as Immigration Judges) to first inquire of the parties whether the individual is an enforcement priority. If the individual is not, the Immigration Judge should essentially move things along in a way that is consistent with the government’s protocol in disposing of such cases. This may involve adjudicating requests to dismiss the proceedings pursuant to the government’s request or administratively closing a matter pursuant to a party’s motion.
In short, the memo confirms that prosecutorial discretion is back and here to stay. It is a relevant tool in the immigration arena that should be used to further an “efficient and fair court system.” Judges are encouraged to be supportive of and cooperate with the government (as it works to implement its own objectives) in order to manage their overcrowded dockets in light of finite resources.]]>by Paris Leehttps://www.njimmigrationattorney.com/?p=502072023-09-14T18:05:12Z2023-09-14T18:05:12Zby Paris Leehttps://www.njimmigrationattorney.com/?p=502052023-08-22T16:38:25Z2023-08-22T16:38:25ZOn Behalf of Lee & Garasia, LLChttps://www.njimmigrationattorney.com/?p=501912023-08-07T00:47:21Z2023-08-07T00:47:21ZDeportation doesn’t ordinarily follow divorce
Overall, you don’t need to be worried about losing your green card just because you’re getting divorced. You can often still keep your green card, and most people in your position do not get deported. Your green card is not contingent on you staying married. Divorce should be an option for anyone.
What being said, your green card is contingent on the fact that your marriage was legitimate. The government is very strict about cracking down on green card marriage fraud, which is when people pretend to be married or in a real relationship just to get a green card and end things after they achieve that aim.
So, getting a divorce can be a bit more problematic if you’re still in the process of getting a green card or if you just recently passed a green card marriage interview. Your situation may appear that the marriage itself was never real and the green card was the actual goal. But, if it has been years since you got married, there is probably very little risk that it will appear that your marriage was fraudulent all along.
Getting a divorce when you have a green card can be a very complex legal situation as you have a lot at stake. Consider seeking legal guidance proactively to better ensure that your interests remain protected as you move forward.]]>by Paris Leehttps://www.njimmigrationattorney.com/?p=496462023-08-03T08:54:49Z2023-08-02T21:11:43Zprevious blog entry, we discussed the government’s new policy of issuing Requests for Evidence and Notices of Intent to Deny in lieu of actually scheduling couples for their I-130 marriage interview. While this does not necessarily apply to everybody, it has been our experience that for our clients who have sufficient documentation, we have been able to avoid the trouble and inconvenience of having them summoned for an interview.
But what happens if you are scheduled for an interview? In that event, you may want to give strong consideration to having an attorney accompany and represent you at the interview. There are many benefits and advantages of having legal counsel present with you including the following:
Expert Knowledge and Experience:
Everyone fears the unknown. And an immigration interview where your green card is on the line can be one of the most harrowing and stressful experiences of all. One of the primary reasons to have a lawyer present at your marriage immigration interview is to avoid the uncertainty and anxiety over the process. An experienced New Jersey immigration lawyer possesses a deep understanding of all the legal requirements, procedures, and most importantly, potential pitfalls that can get you into trouble. A lawyer will be able to prepare you and your spouse beforehand of what documents to bring, what questions will be potentially asked, and how to conduct oneself in the event that an ISO (Immigration Services Officer) decides to separate the couple for a “Stokes” interview. An attorney will also be able to sift through your documentation and evidence to help you present the best materials that prove the legitimacy of your relationship and identify the documents that look problematic for which you should be prepared to explain.
Handling Challenging Questions and Complex Situations:
During a marriage immigration interview, the interviewing officer may ask challenging questions or raise concerns about the legitimacy of your relationship. An attorney will know what types of questions are appropriate and which type are outside the bounds of what is considered legally permissible. In some cases, a lawyer may need to interject to clarify the question, define the scope of the question, or in some cases, object to the line of inquiry. Additionally, if there are any special circumstances or if there appears to be a misunderstanding, an attorney may bring these issues to the officer’s attention.
Confidence and Emotional Support:
It is very common for people to be extremely nervous while appearing for an interview. While this is expected, letting your nerves get the best of you can be counterproductive and work against you. An officer may wrongly infer that you are trying to hide something or are being deceptive when in fact, you are just tense. Having an attorney there with you can greatly allay this problem. While the lawyer cannot answer questions for you, the presence of someone else inside the room—who is there to protect your rights and ensure that the interview is conducted fairly—can go a long way to instilling confidence and inspiring emotional support. Certainly, the calmer and more relaxed you are, the more likely you will perform better and answer questions thoughtfully.
Protection Against Unfair Treatment:
Occasionally, there are rare instances in which an officer can be abusive or ask questions that are grossly inappropriate. In those types of situations, you would want an advocate there with you to safeguard your rights and act as a shield against legally improper questioning or arbitrary decisions. Additionally, even if you think the interview is going well, the officer may have different ideas and subsequently issue a Notice of Intent to Deny after the interview listing all the alleged inconsistencies and problems which arose during the interview. An attorney who was present with you during the interview is a witness to what was asked and answered and can help you put together a response that fairly and accurately depicts what actually happened at the interview and what was actually said or meant.
Conclusion:
In short, if you are scheduled for an I-130 marriage interview, be aware the the interview is a critical step in the process and will likely determine the rest of your case. Engaging the services of an attorney can significantly increase your chances of a successful outcome. A lawyer’s expert knowledge, strategic preparation, emotional support, and ability to handle challenging situations are invaluable assets.
\If you are looking for an experienced immigration lawyer to represent you for an interview in New Jersey or anywhere in the United States, give us a call. You can book a consultation and we can acquaint you with the process and what to expect.]]>