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 .
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.
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.
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.
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 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.
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.
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.
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:
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
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 .
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!
The Impact of the US Supreme Court’s Decision on President Obama’s Expanded Deferred Action Plan
Yesterday was a sad day for roughly 4 million undocumented immigrants and their families awaiting the possibility of expanded Deferred Action for Parents of US Citizens/ Lawful Permanent Residents, and the removal of age restriction requirements for Dream Act applicants. The US Supreme Court in 4-4 split decision affirmed the lower court ruling in the case of United States v. Texas. All the US Supreme Court stated in their decision was “the judgment is affirmed by an equally divided court.”
The case of US v. Texas was originally brought by a Republican led coalition from 26 states challenging the authority of the President to use his executive authority related to the announcement of the expanded executive action programs in immigration in November, 2014.
As a result of the Republican efforts, the United States District Court for the Southern District of Texas issued a preliminary injunction on February 16, 2015, preventing President Obama’s expanded immigration program from going into effect.
The case was appealed to the United States District Court of Appeals , Fifth Circuit, who affirmed the preliminary injunction, and sent the case back to the trial court level.
Through legal meandering, the case eventually made its way to the US Supreme Court. On January 19, 2016, the US Supreme Court agreed to review the case. We have now received a ruling six months later.
Essentially, with the Supreme Court not having a replacement for Antonin Scalia, and being split down the middle, the effect of their decision is to keep the preliminary injunction issued by the lower court in place for the time being. By doing so, the expanded DAPA and Dreamers programs are halted and will not go into effect. The positive side of this issue, is that those who are currently Dreamers and those beneficiaries of the initial executive action programs will not be affected by this ruling.
The Obama administration could still request a rehearing on the ruling, and there are still two other pending court cases that present the same issues as US v Texas. The current problem is there is still a Supreme Court vacancy that would need to be filled to help break the tie. It is right now unlikely the US Senate will move forward with any confirmation hearings until the presidential election has passed.
For the time being, if you want immigration reform, then you are encouraged to support those candidates running for public office to stand with the 4 million affected and find a path to give the undocumented immigrants and their families a chance at the American dream.
To discuss your immigration case, please contact us via telephone (954) 522-4058, Spanish (954) 522-1452 or via email at Rapascal@bellsouth.net.. Attorney Robert Pascal.
Law Offices of Robert A. Pascal, P.A.
HOW TO PRESERVE US RESIDENCY DURING EXTENDED ABSENCES WITH A RE-ENTRY PERMIT
I am regularly asked by my clients who are LPR’s (Lawful Permanent Residents) , how their residency status would be affected if they had to leave the US for a year or longer due to their employment, family or health issues and what they would need to do to protect their permanent residency status. This article will discuss those issues and recommendations to best protect permanent residency status.
First of all, being a lawful permanent resident means you have to physically reside in the USA. You are allowed to travel outside of the US, but need to be aware that residency can be jeopardized in certain situations for absences for six months or longer.
An extended absence from the US for a period of greater than six months but less than a year creates a “rebuttable presumption” that you are intending to abandon your US residency. This means that you will need to rebut this presumption by providing evidence that you are maintaining a physical US residence, paying your taxes, and additional documentation to show that you have not abandoned your US residence. Also, your US permanent residency may be considered abandoned for absences shorter than one year if you take up residence in another country.
If you are outside of the US for a period of one year or longer then your Permanent Residence card becomes technically invalid. Not only will it affect the continuous residency requirements in applying for US citizenship, it can result in denial of re-entry into the US unless the LPR holds a valid re-entry permit.
It is strongly recommended that if you anticipate an extended absence from the US for a year or longer, then be proactive and apply for a re-entry permit prior to leaving the US.
We will now discuss the application process for obtaining a re-entry permit. You will need to complete the USCIS form I-131, submit the documentation to substantiate your request, and pay the filing fee of $360.00. Depending on where you live , you will need to file your application with the designated USCIS service center that has jurisdiction over your state. You need to be physically present in the US when you file this application as it is a requirement.
Following the receipt of the filing, the USCIS will mail you a Notice of Action within 30 days. We recommend that you strictly use a US address either your attorney, family or a friend. Usually, the next correspondence you will receive is an appointment notice for your biometrics. This appointment will be only for the purpose of obtaining your fingerprints, and there is no interview. If you have left the US after filing your I-130, you can return for your biometrics appointment. We recommend not trying to reschedule the biometrics appointment as failure to complete the biometrics within 120 days will result in denial of your application.
After the biometrics have been taken, then the USCIS will review the application and determine whether you submitted appropriate documentation to justify the application or whether additional documentation is required. If there is an issue, the USCIS will issue a yellow letter called a Request for Evidence. This letter will details what additional information or documentation is needed by the service. Usually you will be given two or three months to respond. If you do not respond within the time specified or fail to produce the requested evidence, the application will be denied.
Following the biometrics, If everything was deemed sufficient without a request for evidence, you should expect a decision within 8-12 weeks. If approved, you can designate which US consulate, US embassy or foreign USCIS office, you would like the re-entry card sent to by the USCIS.
The re-entry card is valid for a period of two years, and can be renewed again for an additional two years. You will need to carry it with you each time you re-enter the US during the period of your extended absence or your eventual return to the US after a year.
Disclaimer: This article is only intended as general guidance and is not deemed to be any form of legal advice by Robert A. Pascal, P.A. Any reader or interested applicant should consult with an experienced immigration attorney before attempting to file this document on their own as each case and facts are different.
May, 2016
Attorney Robert Pascal | Immigration Attorney 