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Interview at Fairfax

13 years ago By Chief Editor

I had my interview at 1:30 at Fairfax VA. Had printed my family picture at 12:50 on the way to interview it was heavy rain and reached there nick of time. We were called by an African American lady after 5 minutes after giving our oath she asked our ID and then got sign the waiver as our attorney was not with us. she asked question from my I-485 and she was very polite and calm everything was going smooth then she turn to my husband and ask about my date of birth which he forgot for few second and the then told her.

Green Card

DHS Announces Final Rule to Support Family Unity During Waiver Process

12 years ago By Editor

On January 2nd, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States without a visa, who are in the process of seeking immigrant visas to become lawful U.S. permanent residents, may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews. USCIS will begin accepting provisional unlawful presence waivers on March 4th, 2013.

I-130 for parent: Visitor visa travel during pending I-130, any changes under Trump

10 months ago By Chief Editor
Question details

I am a US citizen. I am planning to file an I-130 in January 2025 for my mom, who is currently residing in India. She plans to visit us in July 2025 (on her visitor visa, valid until Feb 2026). Can she travel to the US while the I-130 has been filed and is pending? What additional preparation/papers would she need if this is an issue? I have heard cases of denied entries in similar cases. I thought of postponing the I-130 until after her US visit next year, but I fear the process may slow down under the new administration. Please advise what would be the right thing to do since we would like for her to visit us in 2025.

 

FAQ Transcript

If you are filing an I-130 for your parent, they can generally travel to the U.S. on a visitor visa while the petition is pending. Theoretically, they could face issues at entry due to the pending green card application, but in practice, parents of U.S. citizens are rarely stopped for this reason.

To reduce the risk of being denied entry, consider having your parent use an immigration pre-clearance airport, like Abu Dhabi or Dublin, so they can return home easily if denied. While past practices suggest minimal issues, policies could change, especially under unpredictable administrations.

 

The "Immigration Innovation Act of 2013" May Double H-1B Visa Cap

12 years ago By Chief Editor


IMMIGRATION INNOVATION (I2) ACT OF 2013

ORRIN HATCH (R-UTAH), AMY KLOBUCHAR (D-MINN.), MARCO RUBIO (R-FLA.), CHRIS COONS (D-DEL.)

Employment-Based Nonimmigrant H-1B Visas

1. Increase H-1B cap from 65,000 to 115,000

2. Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)

Trump Administration - What to expect | Immigration updates - H1B Visa, OPT, Green Card

10 months ago By Chief Editor

Nonimmigrant Visas

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USCIS Releases Questions and Answers on EB-5 Economic Methodologies

13 years ago By Editor

On June 22, 2012, USCIS hosted a public engagement featuring two economists who work on the EB-5 Immigrant Investor program. Following that engagement, some stakeholders sought clarification as to certain points raised by the economists. USCIS is now pleased to provide clarification as to two of the primary questions raised.

EB-5 Projects Involving Hotel or Resort Development

Naturalization eligibility for recently extended absences over six months and less than one year from the U.S.

1 year ago By Chief Editor
Question details

My father is a green card holder (five years, three months now). He has spent 33 months in the US in the last five years and for 6 months every calendar year. The issue is that on two of his most recent trips, he was out of the US for nine months, six weeks, and 11 days.

He has always been retired and has not held a job in the US or abroad. His daughter and family continued to stay in the US during these trips. He does not own a house in the US but stays with his daughter and her family and continues to have access to that residence during these trips. He does own property in India and has continued to hold that same property over the last five years. His trips abroad were to visit his other children.

What are the rough chances of "rebutting the presumption of break of continuous presence", if he applies for naturalization, despite these two trips of 9 months and 6 months two weeks ? Would you recommend going through a lawyer ?

Regarding the 9-month absence that is being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable as long as there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, as long as these reasons are clearly explained, it should be acceptable.

 

FAQ Transcript

Regarding the 9-month absence being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable if there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, it should be acceptable if these reasons are clearly explained.

EB5 through Regional Centers Services and Fees

14 years ago By admin

The fee schedule for EB5 through Regional Centers (fees are payable by personal or corporate checks) is as follows:

1. Legal Fees (for our Office):

$7,500 payable as follows for preparing I-526 Immigrant Petition: $5,000 at the commencement of the case and the rest $2500, to be paid on the 1st day of the month following the month in which the case is opened by the Law Offices.
For preparing I-485 Adjustment of Status: $3,000 for main applicant and $1,000 for each dependent.

Green Card

USCIS Proposes Significant Enhancements to EB-5 Visa Processing to Help America Win the Future

14 years ago By Editor

released May 19, 2011

Actions Will Streamline Program Designed to Create Jobs

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program—transforming the intake and review process for immigrant investors as part of the Obama administration’s continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century.

Renew or Replace Green Card

Overview

 

A permanent resident card or green card (USCIS Form I-551) is proof of your permanent resident status in the United States. It also serves as a valid identification document and proof that you are eligible to live and work in the United States. Although some, green cards contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years.

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Immigration Law

USCIS Program Extension Alert

13 years ago By Chief Editor

 U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:

  • E-Verify
  • Immigrant Investor (EB-5) Pilot Program
  • Special immigrant visa category for non-minister special immigrant religious workers
  • The date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the Conrad 30 program.

Program Details

USCIS Creates Controversy Over Tenant-Occupancy Economic Model

13 years ago By Chief Editor

 

USCIS created a new controversy in the EB-5 immigrant investor world when it released a memorandum on February 17, 2012, concerning what it calls the “tenant-occupancy” economic methodology. On May 8, 2012, USCIS provided guidance on what deference it would give prior EB-5 adjudications that involved tenant-occupancy issues:

Please click here for the Guidance 

 

Maintaining LPR status (Green Card) during extended absences for employment

1 year ago By Chief Editor
Question details

I have a family-based green card. For my job, I need to travel outside of the US for 150-160 days (3 days per week for the entire year). I am worried that I may lose my green card. What shall I do to retain my green card and still maintain this schedule of travel for my job?

FAQ Transcript

To maintain your green card during extended absences:

  • Brief trips under 6 months are generally fine. 
  • For longer absences Apply for a re-entry permit, allowing travel for up to 2 years.Consider filing  Form N-470 to preserve continuous residence for naturalization.
  • Avoid absences of 6 months or more; return within 6 months each time.
  • Maintain strong ties to the U.S. (family, home, job) to demonstrate intent to reside permanently.
  • If travels are work-related and you have significant U.S. ties, your green card status is less likely to be at risk.
  • Absences of one year or more can lead to loss of green card status without proper documentation.

Recording for October 24, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search



Starting A US company on OPT | Latest Immigration Updates - H-1B | OPT | Green Card

10 months ago By Chief Editor

Nonimmigrant Visas

Green Card

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