Unfortunately, the US immigration laws do not allow grandparents, or extended family members such as cousins, aunts or uncles to qualify for greencard petitions unless they have a closer family member such as a US Citizen or lawful permanent resident parent, spouse , US citizen brother or Sister that can apply for them .
Author Archives: Attorney Robert Pascal
Can I apply for a greencard for my brother or sister?
The answer is yes if you are at least 21 years old and a US citizen. US permanent residents are not eligible to apply for their siblings. Since siblings are deemed eligible for an immediate visa, they must wait after the USCIS approves their petitions for the priority date of their application to be reached by the National Visa Center until an interview will be scheduled for them in their home country. This could in many instances take several years.
Can I file for a fiancée visa for a same sex partner?
The answer is yes. Whether you are male/male or female/female , the filing requirements are the same as with any fiancée visa, in that you have to have a US citizen petitioning for you, prove you met in person within two years, and establish your intent to marry within 90 days of entering the US. The process isn’t anymore difficult for a same sex couple as a heterosexual couple applying for a K-1 visa.
How can I become a US Permanent Resident?
There are a number of different ways for a person to become a permanent resident. These qualified applicants can be immediate relatives of US citizens, such as spouses, children, and parents. Preference relatives of US citizens and Lawful Permanent residents. Employees and Workers at US companies. Investors with substancial assets. Also being selected from the Diversity visa lottery, that awards 50,000 green cards a year. Special Immigrants, such as religious workers. And finally, those who have qualified for cancellation of removal in immigration court.
How to Find the Best Immigration Attorney
Don’t make me crawl when I am born to fly! Most people nowadays don’t want to stay in one place. Everyone wants to reach the top and to make it possible they wander around the world. However, getting immigration in other country is not a piece of cake. This is where immigration attorney like attorney Robert Pascal plays a role of a superhero in our lives. Everyone knows how difficult it is to get immigration in a place like the United States. Therefore, it is important to choose the right immigration attorney.
Here are few tips to choose the best immigration attorney
Read Reviews and ratings
In the era of technology, you can easily check out the review and ratings of the firm on Google in a single swipe. Reviews from actual clients give you a true picture of the work culture and ethics of the law firm and its lawyers. Furthermore, a website speaks a lot about the professionalism, accountability, and sincerity about the entity. In the end, those who care about their business will eventually care about their client’s business.
Check out their Experience
Quality and goodwill play a great role in the corporate world. However, it comes with an experience and skills. Therefore, before choosing any law firm it is very important to check out their experience and knowledge in the respective field. For say, if you looking for an immigration lawyer, it is important to know how well do they know about immigration attorney.
Choosing the best law firm is not enough if they are not easily accessible every single time when you need them. Dealing with immigration cases is very stressful and hectic task as one mistake can ruin your efforts and money. Therefore, it is important that your lawyer must be easily accessible at the time when you need solutions for your doubts. After all, this is the reason we are approaching them.
Negotiate Fee charges
No doubt, quality matters over quantity, but it is important to discuss money with the attorney you are considering. As we know, immigration attorney charge for their time, so it is important transparent about the quote, and do ask them how he reached that figure. Otherwise, in the end, you might face a sudden bill that you not even imagined.
Choose a lawyer who knows your language
Language is one of the major barriers that face most people. Therefore, it is advisable to go for a lawyer who can read and speak your language easily. For say, you are living in Florida, the United States, a lawyer who understands the United States native language can be the best option for you. Most people in Florida, feel lucky as they hired good attorney Robert pascal firm for their immigration and other law related matters. They are known best in the industry for services and accountability.
So next time before choosing an immigration attorney, do consider these points in order to avoid rejection for the immigration. Have a successful life!
Hire the Best Criminal Lawyer in Las Vegas
Sometimes the fight between two people (family member and friends) has turned into physical violence. In this case, the police come and arrest any one of two for the crime of Domestic violence. The allegation of this criminal offense is really hard to fight with. Are you facing the charges of DUI cases in Las Vegas? If yes, then no need to be hopeless. Individuals can contact various available criminal defense attorney online for the legal representation against their criminal offense.
Robert Pascal is the best lawyer as he did all the possible things in order to defend the client’s right. Actually, sometimes individuals misunderstand the violence and file charges. Hence, you should have to discuss everything that has happened with the attorney. After this, the lawyer discusses the possible options for you and also tell whether to negotiate.
The Criminal Offense has Negative Impact on Life
The charges for any kind of violence really ruin the lives of people. Individuals can face problems like going to jail, high fines and loss of license etc. In addition to this, it also impacts many aspects of your personal life negatively. In fact, there are different Domestic violence penalties which are for various kind of crime.
Hence, individuals have to seek the help of Robert Pascal lawyer for resolving their problem. The professional endow the legal representation which is useful to bring your life to the normal track. One can take a deep breath because the lawyer defends them from any kind of legal issues against them.
Fight for Your Freedom
The violence charges are seriously difficult to deal with. Even if the jury declares you innocent or dismisses the charges, still there may be issues to resolve. This is vital to investigate the issues that may be liable for the untrue charges. Robert Pascal the domestic violence lawyer Las Vegas endow the best support to his clients.
The professional did the best in order to close your case. Actually, the attorney gathers all the evidence for providing the complete view of the situation on the court. This criminal defense lawyer has the knowledge of the law as well as science and has the capability to challenges the evidence against you. The attorney examines all the angles of DUI cases for uncovering the truth and then let the jury decide.
Contact for the consultation with Las Vegas lawyer
It is advisable for individuals that never wait in order to get the protection that they need. You just need to make contact with Robert Pascal Domestic violence attorney. All you require to do is to drop a message or mail and making a call for the consultation. Actually, this lawyer has experience of many years of handling of handling the legal cases.
US Citizenship Interview & Child Support
US CITIZENSHIP INTERVIEW AND CHILD SUPPORT
by Attorney Robert A. Pascal
Today another potential client has arrived to discuss his application for US citizenship. He is well qualified: no problem with the English language; never arrested for a crime; and meets all the guidelines for eligibility, but one. He hasn’t been current with his child support obligations. Unfortunately, failure to maintain support goes to the standard of GMC or “good moral character”, which is required to become a US citizen.
In completing the N-400 “Application For Naturalization”, you are asked in Part 10 & 11, specific questions regarding marital history and children. This is followed up with a question in Part 12, 30 H as to whether you have “failed to support your dependents or pay alimony.” It will be your burden to provide sufficient documentary evidence to the examiner at the interview that you have complied with your support obligation, especially for your children. It does not matter whether the support has been court ordered or not.
Chapter 5 – Conditional Bars for Acts in the Statutory Period – of the USCIS policy guidelines state the following:
K. Failure to Support Dependents
“An applicant An applicant who willfully failed or refused to support his or her dependents during the statutory period cannot establish GMC unless the applicant establishes extenuating circumstances. The GMC determination for failure to support dependents includes consideration of whether the applicant has complied with his or her child support obligations abroad in cases where it is relevant. Even if there is no court-ordered child support, the courts have concluded that parents have a moral and legal obligation to provide support for their minor children, and a willful failure to provide such support demonstrates that the individual lacks GMC. “
The Policy manual further details that “an applicant who fails to support dependents may lack GMC if he or she:
– Deserts a minor child;
-Fails to pay any support;
-obviously pays an insufficient amount.
This section continues with the requirement the USCIS officer identify the period of non compliance by the applicant and a review of all court records regarding child support.
If the applicant has not stayed current with his support obligations, the officer can consider “extenuating circumstances” for the non-payment. For example, unemployment, financial inability, the cause of unemployment, good faith efforts to pay, mistaken belief the support obligation had been satisfied, or a miscalculation of court ordered arrears.
It is therefore, extremely important to bring copies of all court ordered support obligations, copies of all payments made either cancelled checks, receipts, or money orders. In addition, a certified letter from the spouse acknowledging payment of the support obligations. If you do not have this evidence, the USCIS can deny your application for US Citizenship.
If you have a support issue, please do not hesitate to call us at (954) 522-4058. we represent clients across the US and abroad via telephone, Skype, internet or in office appointments. You can also learn more about Robert Pascal’s qualifications by visiting his profile at http://attorneyrobertpascal.com/robert-pascal-profiles.html
USCIS To Issue Redesigned Green Cards
Attorney Robert Pascal has recently read the USCIS announced that they will begin issuing redesigned greencards and employment authorization cards beginning on May 1, 2017.
These redesigns are enacted to reduce the instances of document fraud, and to also create cards that are more durable and tamper resistant.
These newly redesigned cards will feature the following changes:
- The individuals photo will be displayed on both the front and the back of the card;
- There will be a unique color and graphic palette depending on the type of card. For the permanent resident card there will be a Statue of Liberty and for the employment authorization card there will be a bald eagle.
Each card will also have a holographic image and will no longer display the individuals signature.
You may obtain additional information by following this link to the USCIS notification page. https://www.uscis.gov/news/news-releases/uscis-will-issue-redesigned-green-cards-and-employment-authorization-documents?utm_source=twitter&utm_campaign=gcredesign
Tips to Prepare for your US Embassy Visa Interview
Alas, for many of you, the day has arrived when you went to your mailbox or checked your email and received a letter from the US Embassy or the National Visa Center (NVC) for your scheduled interview date.
You will usually be given about 6-8 weeks notice for the interview, and you will usually need this time to complete any remaining requirements, such as the medical examination or obtaining a police clearance letter, completed prior to the interview date. The requirements will differ between the types of visas you will be interviewing for, as there are significant differences in the documentation requirements between immigrant and non-immigrant applicants.
The most important step is to first read the interview letter completely. The letter will not only specify the date and time of your interview, but it will also direct you to the interview requirements of that specific US Embassy.
You can locate the US Embassy of your interview using the following link http://www.usembassy.gov/. First click on the hemisphere, and from there you will be taken to a list of the countries in that specific region. One you find your appropriate US Embassy or Consulate, you will need to click on the “Visas”. You will now be taken to a page that will further direct you to information whether you are a immigrant or non-immigrant applicant.
After clicking on the appropriate link, the next page will have a link for the interview. This page will have very important information such as the list of documents you will need to bring with you to the interview. Remember the documents will need to bring need to be the originals or certified copies of the documents you may have previously submitted. Also, make one additional copy of these documents , should the Consular officer require documentation for their file.
Also, you may be directed to complete a DS-160 (Non-immigrant) or a DS-260 (Immigrant) online through the US Department of State website , which will need to be finalized before the day of your interview. Also, if required to obtain a physical examination, you will need to wait until you receive the interview letter first before being able to make the exam appointment.
Please check the US Department of State website at: https://travel.state.gov/content/visas/en/immigrate/immigrant-process/interview/prepare/medical-examination.html
Once you arrive on this page, look to the middle and you will see a drop down menu that will provide you with the names and addresses of approved physicians in your country to conduct the physical examination. Do not use any physician other than those listed on the US Department of State approved physicians or your physical exam will be rejected.
Also, make sure you have all proper police clearance certificates required. In some countries, such as Peru , you will need two separate police clearance certificates.
With the interview notice there will be a documentation checklist indicating which documents have been submitted and which items are missing. Please take your time and go through the list to see that any missing documents are located and submitted at the interview as well as the originals or certified copies of those items on the checklist.
On the day of your interview, dress appropriately and be on time. If you are late for your appointment you will normally be denied entry and will have to reschedule the interview, causing a delay. Usually, only the applicant is permitted into the interview, unless a senior citizen or minor child. If it is a visa for a fiancé or spouse, I do encourage my client’s spouses that appled for them to attend the interview. No attorneys are permitted either.
When you get into the US embassy, please follow directions. The interview itself will be held at the equivalent of a bank teller’s window inside. If you have any photos or documents to produce, please see they are thin enough to slide under the glass as you will not be able to pass a photo album or such thick paperwork to the Consular Officer.
Please remain calm during the interview process. Answer all questions honestly as one lie will result in immediate denial of your application. Once the interview is completed you will usually be advised of the determination.
If the visa is denied, usually the denial is stamped there at the interview and if granted, the US Embassy may take the passport, issue you the visa, and send your passport back to you within five days to a nearby postal office or designated facility.
It our hope that you have a favorable determination following your interview. If you require any assistance, please do not hesitate to contact Attorney Robert Pascal, and the Law Offices of Robert A. Pascal, P.A. at 954-522-4058 .
How To Apply For the USA Green Card Lottery
As we start moving into the fall, my office begins to receive inquiries as to when the DV-2018, green card lottery, will begin accepting applications and how to apply .This article will give you a general understanding of the application process.
The congressionally mandated Diversity Immigrant Visa Program is administered annually by the Department of State. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants” from countries with historically low rates of immigration to the United States. Roughly 50,000 visas are available each year. We do not expect any reduction or increase in the number of visas for the DV-2018. The DV lottery usually opens from October to November each year.
To qualify for entry into this green card lottery, the entrant should first determine if they are from an eligible country. You can either visit the US State Department website at travel.state.gov or DVlottery.state.gov to locate this list of eligible countries.
In the event an entrant is not from an eligible country, they could still qualify based upon a marriage to a person from an eligible country or the country of birth of either of the entrant’s parents, if the entrant was born in a country in which neither parent was born and in the entrant’s parents were not residents at the time of the entrant’s birth.
In addition, there is also the requirement that every DV entrant must have at least a high school education or its equivalent or have two years of work experience within the past five years in an occupation requiring at least two years of training or experience. A high school education or equivalent is defined as successful completion of a 12 year course of study of elementary and secondary education comparable to a high school education in the United States. Only formal courses will meet this requirement. Correspondence courses or GED equivalents will not. Documentary proof of the satisfactory completion of the educational requirement will be required at the time of the consular interview.
As to the work experience requirement, the applicant should go onto the US Department of Labor website and check the online database at https://www.onetonline.org/ to determine if the work experience has a specific vocation preparation range of at least 7 or higher.
To conduct this search, go to https://www.onetonline.org/ and under the “find occupations” select “job family”, make your selection, and click “Go”. From there click on the link for your specific occupation and select the tab “job zone” to find the designated job zone number and specific vocational preparation rating range. If your job is a 7 or higher, you are eligible.
The actual entry form is prepared online and in an electronic format. It should take no more than (30) thirty minutes to complete the online application and will also require you upload a digital photo of yourself. There is no fee, it is free to enter.
If applying for yourself and your wife, you can each submit your own applications. Do not submit more than one entry or you will be disqualified. Any of your single children under the age of 21 can also be included with your application.
As to the age requirements, you have to be a minimum of (18) eighteen years of age. You can submit the application even if you are in the United States, but if you are illegal, it will not be a waiver to file for an Adjustment of status application.
After 6-12 months from the Date of the lottery close, the US Department of State will notify winners via their confirmation number by the entrant accessing the Entrant Status check page on the Dvlottery.state.gov website. This information will provide the entrant with further visa processing instructions and immigrant visa appointment time and date.
Best of luck! I do have a number of clients that have won their green cards thru the DV lottery, so take a chance and apply!