U Visa granted for person with crime over 12 years old and officer that did not want to sign the certification
Criminal Relief granted and crime vacated and dismissed. Now he can apply for his Green Card.
Filed under: Immigration Attorney | Tagged: criminal relief, Immigration Attorney, Immigration Lawyer, U Visa, wins | Leave a comment »
U Visa granted for person with crime over 12 years old and officer that did not want to sign the certification
Criminal Relief granted and crime vacated and dismissed. Now he can apply for his Green Card.
How long it would take to get a green card?
Filed under: Green Card | Tagged: criminal relief, Green Card, green card ban, green card cuban, green card through marriage, green cards, Immigration Attorney, Immigration Lawyer, U Visa, wins | Leave a comment »
Constitutionality of immigration reform
Comprehensive immigration reform
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I don’t need $1,000,000 for the Green Card?
Question: I heard that there is a type of visa whereby I don’t need to invest $1,000,000 to get the Green Card, but rather can use my business knowledge and business. Is this true?
Answer: Yes, it is the much less known Multinational Manager Visa. This is where you have 2 companies in 2 different countries and will then be the manager or executive of both in order to apply for the Multinational Manager Visa for Residency for you, your spouse and unmarried children under 21.
Question: What are some of the specifics?
Answer: It is basically when you are the manager or executive of a company in your home country and then a subsidiary or branch office here in the U.S.
Question: How is manager defined?
Answer: Managerial capacity means an assignment with the organization in which the employee personally:(1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization;
(3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.
(4)
Question: How is executive defined?
Answer: Executive capacity means an assignment in an organization in which the employee primarily:
(1) Directs the management of the organization or a component or function;
(2) Establishes goals and policies;
(3) Exercises wide latitude in discretionary decision making; and
(4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.
Question: Is a Labor Certification or PERM required?
Answer: No labor certification, but a job offer by the U.S. organization, is required
Question: Must you be employed at the foreign company?
Answer: You must be employed abroad for one year (in last 3 years) by “firm or corporation or other legal entity or an affiliate or subsidiary thereof.”
Question: What is an affiliate?
Answer: Affiliates include entities owned and controlled by the same group of individuals, in approximately the same share or proportion of each entity. Includes accounting firms that have “internationally recognized name(s)” as affiliates, notwithstanding the fact that they are actually separate partnerships. Firms will be considered affiliates if they market accounting services under the same internationally recognized name and the same agreement. Under PL affiliate also includes management consulting firms that work with accounting firms as long as they market under an internationally recognized name or work with a successor worldwide coordinating organization even if it is not collectively owned or controlled. International management consulting firms that separate from an international accounting firm, yet continue to maintain the qualifying worldwide organizational structure may continue to use the EB-1 category even if it is no longer connected to an accounting firm.
Question: What must the petitioner establish for the ‘subsidiary’ requirement and working for the company?
Answer: Petitioner must establish: (i) it maintains a qualifying relationship (parent, affiliate, subsidiary) with the beneficiary’s foreign employer; and (ii) the foreign corporation or other legal entity that employed the beneficiary must continue to exist and have a qualifying relationship with the petitioner at the time the immigrant petition is filed. The wording of the section is confusing where the foreign entity continues to exist but the specific branch, affiliate, or subsidiary that the beneficiary worked for is out of business.
Basically, if you own a business or the owners want to open a branch office in the U.S., this might be the very way for you to come to the United States for you and your family.
Filed under: EB-5 Investment Visa | Tagged: Brian D. Lerner, brian lerner, eb-1c, Immigration Attorney, Immigration Lawyer, multinational manager visa | Leave a comment »
Don’t have $1,000,000? Then try the Multinational Manager Visa to get the Green Cards for you and your family. Get a description from Immigration Attorney Brian D. Lerner
Filed under: Immigration Attorney | Tagged: Brian D. Lerner, eb-1c, EB-5, eb1c, Immigration Attorney, investment visa, multi-national manager visa | Leave a comment »
I am a victim of crime. Can I get a Visa?
Question: I was raped years ago. I heard there is some type of visa. Can I get this visa?
Answer: You may be eligible for a U nonimmigrant visa. If You are the victim of qualifying criminal activity. You have to have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.You must have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf. You had to be helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
Question: Where must the crime have occurred?
Answer: The crime had to occur in the United States or violated U.S. Laws.
Question: Must I have been admissible to the U.S.?
Answer: Yes, You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant. Many more types of Waivers are applicable to a U Visa applicant than with other types of visas.
Question: What types of crimes qualify for the U Visa?
Answer: Qualifying Criminal Activities are: Abduction, Abusive Sexual Content, Blackmail, Domestic Violence,Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Slave Trade, Torture, Trafficking, Witness Tampering, Unlawful Criminal Restraint and Other Related Crimes.
Even if the particular crime the person was convicted of is not under these items, it is likely that the perpetrator of the crime committed one or more of the above items with you as the victim.
Question: What form is used?
Answer: Form I-918, Petition for U Nonimmigrant Status.
Question: Can I petition for a family member?
Answer: Certain qualifying family members are eligible for a derivative U visa. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.
To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Immediate Family Member of U-1 Recipient, at the same time as your application or at a later time.
Filed under: Immigration Crimes | Tagged: Battered Spouse, Brian D. Lerner, brian lerner, california immigration attorney, california immigration lawyer, deportation attorney, deportation lawyer, emotional abuse, I-360, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles immigration attorney, los angeles immigration lawyer, physical abuse, U Visa, U-1, VAWA, victim of crime | Leave a comment »
Can I become a U.S. Citizen?
Question: I would like to become a U.S. Citizen. What can I do and what are the basic requirements?
Answer: These are the basic requirements: Be 18 or older; Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization; Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application; Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the filing the application; Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application; Reside continuously within the United States from the date of application for naturalization up to the time of naturalization; Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics); and be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law.
Question: When does my time as a Permanent Resident begin?
Answer: Your time as a Permanent Resident begins on the date you were granted permanent
resident status. This date is on your Permanent Resident Card (formerly known as an Alien
Registration Card or “Green Cardâ€). The sample cards on this page show where you can find
important information such as the date your Permanent Residence began.
Question: If I have been convicted of a crime but my record has been
expunged, do I need to write that on my application or tell a
USCIS officer?
Answer: Yes. You should always be honest with USCIS about all:
Arrests (even if you were not charged or convicted);
Convictions (even if your record was cleared or expunged); Crimes you have committed for which you were not arrested or convicted; and any countervailing evidence, or evidence in your favor concerning the
circumstances of your arrests, and/or convictions or offenses that you would like
USCIS to consider.
Even if you have committed a minor crime, USCIS may deny your application if you
do not tell the USCIS officer about the incident. Note that unless a traffic incident was
alcohol or drug related, you do not need to submit documentation for traffic fines and
incidents that did not involve an actual arrest if the only penalty was a fine less than
$500 and/or points on your driver’s license.
However, if you have any of the above, you should definitely get the help of an immigration attorney to best protect you in this situation.
Question: Will USCIS help me, or make accommodations for me, if I have a
disability?
Answer: USCIS will make every effort to make reasonable accommodations for applicants with
disabilities who need modifications to the naturalization process in order to demonstrate
their eligibility. For example, if you use a wheelchair, we will make sure you can be
fingerprinted, interviewed, and sworn in at a location that is wheelchair accessible. If
you are hearing impaired, the officer conducting your interview will speak loudly and
slowly, or we will work with you to arrange for an American sign language interpreter.
If you require an American sign language interpreter at the oath ceremony, please
indicate that in your Form N-400 in the section where you are asked if you need
accommodation for a disability. If you use a service animal such as a guide dog, your
animal may come with you to your interview and oath ceremony.
Question: How long will it take to become naturalized?
Answer: The time it takes to be naturalized varies by location. USCIS is continuing to
modernize and improve the naturalization process and would like to decrease the
time it takes to an average of 6 months after the Form N-400 is filed.
Question: What can I do if USCIS denies my application?
Answer: If you think that USCIS was wrong to deny your naturalization application, you may
request a hearing with an immigration officer. Your denial letter will explain how to
request a hearing and will include the form you need. The form for filing an appeal is
the “Request for Hearing on a Decision in Naturalization Proceedings under Section
336 of the INA†(Form N-336). You must file the form, including the correct fee, to
USCIS within 30 days after you receive a denial letter.
If, after an appeal hearing with USCIS, you still believe you have been wrongly denied
naturalization, you may file a petition for a new review of your application in U.S.
District Court.
Question: Can I reapply for naturalization if USCIS denies my application?
Answer: In many cases, you may reapply. If you reapply, you will need to complete and resubmit
a new Form N-400 and pay the fee again. You will also need to have your fingerprints
and photographs taken again. If your application is denied, the denial letter should
indicate the date you may reapply for citizenship.
If you are denied because you failed the English or civics test, you may reapply for
naturalization as soon as you want. You should reapply whenever you believe you have
learned enough English or civics to pass both tests.
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