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What is an affidavit of support (I864)? What are the main requirements for this application?

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 11:11:06 GMT

An individual filing a family sponsored petition (I-130) has to provide an affidavit of support (I-864). This is applicable to those petitioning for an employment based petition (I-140) if the submission is by a company or relative in which the relative has a major ownership interest.

The supporting documents needed are tax returns, W2 , 1099’s, letter of employment from employer indicating salary, position, full-time or part-time. The person petitioning for the relative is obligated to support the beneficiary unless the beneficiary is deceased, leaves the United States permanently, becomes a citizen or has worked at least 40 quarters in the United States. If the affidavit of support is filed outside the United States there is no fee. However, if the affidavit of support is filed within the United States, there is a fee.

In order to qualify as a petitioner who can provide an affidavit of support, the petitioner’s income cannot be less than 125% of the federal guidelines on poverty. These guidelines are regularly updated. Alternatively, the petitioner can secure a co-sponsor who does have the requisite income based on household size to provide the affidavit of support. Further, the petitioner can include the income of a qualified household member to be eligible to provide an affidavit of support. Finally, if none of the above are options, the petitioner can include equity in an asset towards 20% of the qualifying income.

Just received a seemingly unreasonable Notice of Intent to Deny (NOID) for an I-130? How investigating the facts and providing additional evidence can end with positive results. Any Lessons Learned?

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 11:07:08 GMT

Case Facts: Foreign National (FN) and his US Citizen(USC) spouse, who filed their one-step adjustment several years prior, came in to see me for a consultation.They received a NOID for the I-130 and wanted new counsel to represent them in the matter.

They previouslyhad two interviews for the I-485. The NOID for the I-130 was based on the assertion that the petitioner and beneficiary had not established they had a valid marriage and/or resided together. The United States Citizenship and Immigration Services (USCIS) Adjudicator made the case for the NOID using some of the following arguments:

During the interview the beneficiary had a very thick accent and hence the interviewer was not convinced that the petitioner or the beneficiary could communicate and establish a bona fide relationship;
The G-325A, Biographic Information,listed the date the petitioner and beneficiary had moved in together but during the interview both testified that they had moved in together a month later;
The service held that a jointly owned vehicle by petitioner and beneficiary purchased several years ago was for the “purpose” of only showing a fraudulent joint purchase and only used by petitioner. The implication was that this joint purchase could not be truly viewed as an indication that petitioner and beneficiary were in a bona fide relationship and were purchasing the vehicle together;
The service contended that one of the tax year filings did not have the joint address of the petitioner and beneficiary and that the tax returns provided were copies and hence not credible;
The service asserted that certain credit cards for the petitioner showed purchases were made in another city outside of where the petitioner and beneficiary were purportedly living hence questioning whether the petitioner and beneficiary lived together;
The service also stated that the lease provided by petitioner was not “official”in nature and concluded it did not hold any value for immigration purposes;
The service concluded that the photos provided by the petitioner and beneficiary were not credible because it seemed that the beneficiary was just“posing” to show they were married.

As I reviewed the NOID and interviewed the couple, it became clear to me that the interviewer in this case was reaching conclusions without any basis in fact or even case law.

In brief summary, here is how we countered the NOID arguments laid out by the service:

We argued that having an accent should not or could not be used as a guide to ascertaining the bona fide nature of the marriage. There was no case law that mandated it and the service’s conclusion was baseless. For example, one of the hallmark cases which speaks to the issue of a bona fide marriage, BARK v.IMMIGRATION NATURALIZATION SERVICE. United States Court of Appeals, Ninth Circuit. 511 F.2d 1200 (9th Cir. 1975), discusses how the intent of the parties is key to establishing bona fide marriage. There is no mention of accents of speaking English fluently. In this case, the beneficiary did have a thick accent but in fact was educated in English and could fluently read and write English. We also provided affidavits from the petitioner, the beneficiary, and their friends who corroborated the beneficiary’s ability to communicate in English.

JUST RECEIVED A NOTICE OF INTENT TO DENY (NOID) FOR A 1-539 (Application to Extend/Change Nonimmigrant Status (about the reinstatement of F1 status)? A LITTLE BIT OF INVESTIGATING THE FACTS CAN GO A L

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 11:02:20 GMT

Case Facts: I had an FN spouse who had filed a second pro se reinstatement of F1 status. She had a prior F1 status reinstatement but since then had fallen out of status due to various factors.

For her second reinstatement petition, she had received a lengthy NOID. The main Crux of the NOID was as follows:

USCIS held that due to multiple violations of status the applicant was not eligible for F1 reinstatement;
USCIS asserted that multiple school transfers were questionable and perceived them as a negative;
USCIS contended that the applicant was not a bona fide student because the applicant wanted to pursue her studies in English Language training when she had already completed her prior courses in English and had shown proficiency in English;
USCIS contended that the current School was No Longer Accredited by a Recognized Accrediting Agency;

When I first reviewed the NOID, I was unsure if we could overcome all the points raised by the service especially since this dealt with the second request for an F1 reinstatement and there were multiple status violations. However, as I interviewed the client, it became clear to me that the service had the incomplete picture and there were valid explanations for the status violations. My job was to complete the picture.

In brief, here is how I countered the NOID arguments laid out by the service:

The client did have multiple status violations but there was a valid explanation for each violation, and none of the violations were willful and were based on third party or other factors. The first SEVIS termination because the applicant could not start her program as her spouse was not granted an F2 visa. And, she needed her spouse to travel with her from a cultural and practical perspective to help with her children. The second SEVIS termination was based on a misunderstanding and misguidance provided to the applicant by her prior school. The third SEVIS completion was an auto-completion in the record and not within the control of the applicant. The applicant had, in fact, filed a pro se F1 reinstatement previously, and this reinstatement had been granted. However, by the time she got her F1 reinstatement, her program had ended, and she was not able to exercise her OPT option. When she sought to get clarification on whether and how she could correctly use her initial F1 reinstatement, she was not provided information for months by her school and then was told to seek outside counsel. Each SEVIS termination or completion clearly was not willful and outside the control of the applicant.Our main contention was that there were valid explanations provided by the applicant and the violation of status resulted from “circumstances beyond the applicants “control” and are were not willful. We further argued that the second reinstatement was due to the misguidance provided to the applicant. I was able to support my arguments by providing a lengthy statement from the client and also providing a letter from the prior school regarding the confusion with the initial F1 reinstatement.

The service asserted that there were several school transfers and questioned the basis for the school transfers. We explained each transfer via the client’s affidavit and asked that they not be considered a negative factor in determining the reinstatement of the F1.

For example, the initial transfer of schools was done as the client found a better program and one that was easier for her to commute to;
The second transfer was done as it better met her scheduling needs;
The third transfer of schools was done as the applicant was offered a better educational opportunity by the new school;
The fourth transfer was done to a school she could not join as she was stuck outside the US waiting for her spouse’s F2 approval;
The fifth transfer was done to a school where she completed her program timely;
The sixth transfer was done to a school she enrolled in for further education and done at the time she filed for her second F1 reinstatement;

We were able to establish that the client had switched her program to a field of study other than the English proficiency program (before receiving the NOID notice) and describe the reasons for the change. The client’s affidavit corroborated and explained how vested they were in studying and completing the newly enrolled program.
We were able to establish that the school was accredited at the time we responded to the NOID and provided a letter of accreditation from the school. USCIS was not accurate in their assertion here.The most important factor for the response was to secure a strongly worded letter from the current school supporting the F1 reinstatement and establishing that the client had been regularly attending the classes.All the hard work paid off, and the F1 reinstatement was granted within 90 days of submitting the response.

GOLDEN RULES I LEARNED!

Looking at the visa violations, in this case, I initially did not see the light at the end of the tunnel, but we were able to effectively argue that the violations were not willful and had extenuating circumstances. My focus was on the “not willful” and “extenuating” part of the argument, and I zealously made my case.
Review the veracity of USCIS claims. In this NOID, the service claimed that the school attended by the applicant was not accredited. This was not the case.
“Embrace” the NOID and zealously provide a counter argument for every point raised.
Use the Kitchen sink approach if needed: Provide as much supporting evidence (primary or secondary) to make your case. My response, in this case, was lengthy not only to have the F1 reinstatement approved but to create a record.

What should one consider when hiring an immigration attorney?

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 10:46:10 GMT

What should one consider when hiring an immigration attorney?

Hiring an immigration attorney (or any attorney) for most people can be a challenging task. There are so many questions to ask and things to consider. At the end of the day, one should want to hire a competent and zealous advocate with whom they are comfortable.

A. Consider asking your prospective immigration attorney some basic but essential questions.

The questions that you should consider asking are as follows:

What type of cases do they handle?,
Have they handled cases similar to yours?,(Just because an immigration attorney handled your friends naturalization case does not mean they can handle your O visa case.)
What was their success rate?,
What differentiates them from rest of competition?,
What are their fees and do they have a written engagement agreement?,
What motivates them to practice immigration law?,
Is Immigration law the only area they practice in?,
Who will be working on your case?,
How will you be kept informed about the progress of your case? (Check to see if the attorney has a process or protocol in place.),
How long will it take for the matter to get resolved?,
How accessible are they? (One can usually can an idea of this aspect when first contacting the attorney or their office.)

While no immigration attorney can or will give you a guarantee on results, ask about the basic strategy for your case. An immigration attorney should be willing and able to answer these questions without hesitation. Answers to these questions and the their openness to answer these questions will serve as good to guide to reach an educated decision. Also talk to more than one immigration attorney to make assessment on whom you want to hire.

B. Being comfortable with the immigration attorney representing you is important.

You have been referred to an immigration attorney who can handle your case. You had the opportunity to meet them and now need to make a decision. The questions you should be asking yourself are not only related to whether the attorney can handle the case but whether you want him or her representing you. Ask yourself if you feel comfortable communicating with the immigration attorney? Has the immigration attorney been responsive to your questions? Have they listended to you? Have they rushed you to make a decision? Are they straight forward? Do they understand your goals? Do they want to represent you? Is your case going to get the attention it needs? All these questions will help you make a better decision regarding whom you want to hire. The bottom line is that when you hire an immigration attorney you should be comfortable with them and their ability to represent you.

C. The most expensive immigration attorney is not the best and the cheapest is not the worst.

When hiring an immigration attorney, certainly cost and fees are taken into account. However, often many people assume that if the fees are high and the attorney’s office is fancy, then their work must be superior. Conversely, the presumption often is that if the attorney’s fees are not that high and the attorney has a modest office, then their work is not as superior. This is simply not the case. When hiring an immigration attorney, you are NOT looking to hire someone with the best optics but the person who can actually handle the case, is able to communicate with you in a manner that you understand and are comfortable with, and is very importantly vested in assisting you. Do not be shy to ask a lot of questions. If you go in for an immigration consultation, check to see if your prospective attorney is also discussing any other forms of relief of which you may be eligible . Be prepared with a list of questions and seek answers prior to any decision making. Usually after the initial consultation, you will have an idea about whether this is the attorney you want to hire. Finally, client reviews of attorney work (on various forums) can serve as another guide during your decision making process.

Article written and originally posted on Avvo.com. Read the original post here:

https://www.avvo.com/legal-guides/ugc/when-considering-hiring-an-immigration-attorney-some-suggestions-to-consider-

Naturalization: What is it? Who can apply? What is the process? What are the Benefits?

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 10:42:36 GMT

Naturalization is the process whereby one can become a citizen of the United States (hereafter “US”). One usually has to have a green card (lawful permanent resident status AKA “LPR”) and has to meet eligibility requirements before one can naturalize.

1. What are the eligibility requirements?

The eligibility requirements are as follows:

One has to be 18 years of age;
One has to be able to demonstrate good moral character;
One has to be a lawful permanent resident for a minimum of five years (there are some exceptions for refugees, asylees, spouses of US citizens, and U.S. military staff) Spouses of US Citizens can apply for naturalization after being a lawful permanent resident for 3 years;
One has to have resided in the US without interruption for five years prior to filing of the application (there is a presumption of breaking continuous residency and abandonment of lawful permanent resident status if one has been outside the US for more than one year during this time);
One has to be physically present in the U.S. for at least half of the five years prior to filing their application or in the case of spouses of US Citizens at least half of the three years prior to filing their application;
One has to live for 3 months in the state where the application was filed;
One has to be able to speak, read, and write in English (there are some exceptions for persons with disabilities and those who have resided in the US for a long time and meet certain age requirements);
One should be able to pass a test based on U.S. history and Civics (there are exemptions for individuals with certain medical disabilities), and
One has to be willing to take the Oath of Allegiance and support the structure of the US government.

2. What is the Process?

In general , the naturalization process is as follows. One has to complete Form N400 (Application for Naturalization) and provide supporting documents such as a copy of the green card, passport sized photographs, marriage certificate (if applicable) and a filing fee of $680. There may be other documentation needed depending on one’s specific case. (Applicants 75 years or older are not charged a biometric fee, and the fee for their application is $595. One may also apply for a fee waiver if eligible. The filing fees can be paid via money order, personal check, or via a credit card.) Once the application is filed, there is a biometrics appointment (for finger prints and photos). This typically takes place 60-90 days after the application is filed. The next step is an in-person interview. The purpose of this interview is to go over the naturalization application and ensure eligibility. There is also a test on US History/Civics along with a test on one’s ability to speak, read and write English. (There some exemptions for those with certain medical disabilities.)

If the applicant passes the test and meets the eligibility requirements, he/she is scheduled to attend an Oath ceremony. During the Oath ceremony the applicant must pledge their allegiance to the United States. They also have the opportunity to change their name free of charge during this time and after the ceremony a certificate of naturalization is provided. This certificate is proof that the applicant is now a US citizen.

Something to keep in mind is that during the naturalization process the United States Citizenship and Immigration Service (USCIS) has the ability and does look at the applicant’s entire immigration history. If lawful permanent resident status (Green Card) was secured improperly, then one would not only be subject to denial of naturalization but one could be stripped of lawful permanent status. Also, if one has had a criminal conviction, it would make sense to seek counsel from a qualified immigration attorney prior to filing the application.

3. What are the Benefits?

There are many benefits to becoming a US citizen. First, one has the ability to vote and hold elected office (except for the office of the President of the United States). Second, one can petition for family members (spouses, children, parents, siblings) to immigrate to the United States. Third, one can reside outside the US without the fear of being able to return or needing a visa to reenter the country. Fourth, one is eligible for an extensive range of government benefits. Fifth, one does not need to update their address with USCIS every time they move within the US. Also, one may still maintain dual citizenship. (Presuming the home country allows for dual citizenship.)

(Attorney Shobhana R. Kasturi, Kasturi Law, LLC) The content of this article is general in nature and not meant to constitute legal advice, nor does it create an attorney-client relationship. Recipients of this article should refrain from taking action based on the information and should seek appropriate legal advice from an attorney licensed to provide such advice.

Article written and originally posted on Avvo.com. Read the original post here:

https://www.avvo.com/legal-guides/ugc/naturalization-what-is-it-who-can-apply-what-is-the-process-what-are-the-benefits-

601A Waivers – The Stateside Waiver

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 10:38:33 GMT

In 2013 the USDHS announced that undocumented (uninspected) immigrants who are immediate relatives of US Citizens (spouse, child between 17 and 21, or parent of a child over 21) may be eligible to apply for a 601A waiver for unlawful presence of more than 180 days prior to leaving the US.

1. The advantages of the 601A waiver.

Prior to the availability of the 601A waiver, an immediate relative of a US Citizen spouse, who entered the US without inspection, had to leave the US, seek a waiver for their unlawful presence of more than 180 days, wait for the approval on the waiver, and then only have an opportunity to return to the US. This meant that often an intending immigrant in such a situation could be outside the US for months or more than a year. If their petition for a waiver was denied, they would face the possibility of being outside the US for 10 years. The risk of prolonged separation was a risk that most families did not want to or could withstand. The 601A waiver has been a game changer. Now an immediate relative (who entered the US with out inspection) of a US Citizen spouse can apply for the 601A waiver within the US. If they are able to secure its approval, they can then leave the US for a short time (few weeks) and return with an immigrant visa once they have completed a consular interview in their home country. There is much less uncertainty with the 601A waiver.

2. What does the 601 waiver cover and not cover?

The 601A waiver is a waiver (or pardon) of unlawful presence in the country for more than 180 days and beyond. So if John Doe (an immediate relative of a US Citizen spouse) entered the country without inspection and has unlawful presence of more than 180 days, securing a 601A waiver would allow him to get a waiver for his unlawful presence in the US. The 601A waiver however does not provide a waiver for criminal convictions, fraud, individuals with final deportation orders, or those who already have a consular interview scheduled.

3. The 601A waiver approval is not the end of the road for the intending immigrant.

Securing an approval of a 601A waiver is an initial step in the process. Once the 601A waiver has been approved, the intending immigrant still has to leave the US for a consular interview in their home country. During the interview the consular officer can not only ask about the unlawful presence but other aspects that may make someone inadmissible to the US. Hypothetically, if John Doe, an uninspected immediate relative of a US citizen spouse, entered the US with his uninspected minor son, then he may need a waiver other than the 601A waiver. The 601A waiver here would not pardon John’s unauthorized entry into the US with his minor son. The 601A waiver only can waive John’s unlawful presence beyond the 180 days in the US.

4. Elements that need to be established for an approval of a 601A waiver.

In order to be eligible to apply for the stateside 601A waiver in the U.S. the petitioner must establish the following:

Be married to a U.S. citizen (Or in some instancces immigrants between 17 and 21 years old who have a U.S. citizen parent, or immigrants who have a U.S. citizen child over 21 years old)
At the time of filing the 601A waiver be physically present in the US;
Have an I130 approved petition;
Demonstrate EXTREME HARSHIP to his or her U.S. citizen spouse or parent.

5. How does one establish extreme hardship to a qualifying relative (US citizen spouse or parent)?

Establishing extreme hardship is case specific. A petitioner can demonstrate economic, health, safety, and emotional hardship to their qualifying relative in order to make their case of extreme hardship. Hypothetically, if John Doe (an uninspected immigrant husband of US citizen Sue Doe and father of two minor US citizen children) the main breadwinner and primary caretaker of his children wanted to petition for a 601A waiver, he would need to establish how his removal would have a significantly adverse economic, health, emotional, and safety impact on his US citizen wife. To make his case, he would need to provide strong supporting documentation. Establishing extreme hardship is a high standard and as such it does make sense to consult with a qualified immigration attorney to seek an assessment of the case.

Kasturi Law, LLC (Attorney Shobhana Kasturi) This guide is only general in nature and is not to be construed as legal advice. The viewpoints communicated in this guide are not meant to and do not create an attorney-client relationship. Talk to a local attorney about your specific facts and the goals you want to accomplish.

What is a RFE? What does mean? Should I hire a qualified immigration attorney to respond to it?

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 10:24:43 GMT

A Request for Evidence (RFE) is issued by U.S. Citizenship and Immigration Services (USCIS) when they decide that they need more documents or information before they can make a decision on an immigration petition.

1. How much time do I have to respond? What does one do? How any chances does one get to respond?

If one gets an RFE, there is no reason to think that the case will be denied and hence no need to hit the panic button. USCIS will usually give 30-90 days to allow for a RFE response. A timely response is extremely important. Otherwise USCIS can deem the immigration petition abandoned and can deny it. Reading the RFE several times and figuring out what exactly is requested is very very important. Then, the next step is to gather all the relevant information prior to submission. One only gets one chance to respond. One can completely and timely respond to the RFE. One can provide partial information but then USCIS can make a decision based on the partial information. One can also withdraw the application. It is important to submit all the information during the initial submission instead of trying to submit it piece meal. USCIS may not consider separate response submissiions after the initial submission. Of course, if a deadline is looming and one does not have all the information, it is better to submit something rather than nothing prior to the expiration of the deadline.

2. Do I need to hire an immigration attorney to respond to the RFE?

The response to this question is very fact specific. There are simple document requests for information and then there are complex requests. First thing to do is read, reread, and understand what is being requested. If it is a simple request for a document (such as a birth certificate) and one is comfortable in knowing that this is what the request pertains to, then it is up to the individual applicant to decide whether they warrant further assistance. If however, one is not sure or does not understand all the legal language or request, then it is time to at least consult with a qualified immigration attorney. Once one is informed on what is being requested, the timeline involved, the cost, and any challenges, then then he/she can decide whether counsel needs to be hired. The key here is to provide a complete and comprehensive response to the RFE. If that means hiring an attorney to do so is in the applicants interest, then this option SHOULD be considered.

3. What happens after the RFE response is submitted?

Once a RFE is sent out USCIS stops working on the petition until they get a response. Once they have a response then they start working on the case and typically have 60 additional days to work on the matter. Sometimes it does take longer. If an applicant does not get any response within 94 days of the RFE response, then it is time to call the customer service hotline, make an info pass appointment, and or set up a consultation with a qualified immigration attorney.

Humanitarian Parole: What is it? When can it be used?

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 10:17:16 GMT

Humanitarian parole is not exactly a hot button topic of discussion amongst immigration practitioners. What is it about? This form of relief permits an inadmissible individual to visit the United States due to humanitarian reasons and/or for substantial public benefit.

While anyone can file for humanitarian parole, a foreign national must have exhausted all other visa avenues to be eligible for parole unless there is a dire emergency or it is impractical. Typically, humanitarian parole may be granted when:

A child under 16 needs to be reunified with relatives;
There is an urgent need for medical care that the foreign national cannot secure in the home country;
A foreign national has to attend a civil or criminal proceeding;
A foreign national needs to visit a dying family member; and,
There is a dire emergency.

Also, the beneficiary of the petition must be residing outside the United States. The parole is granted for the duration of the emergency and is temporary in nature. A foreign national may adjust status to a permanent resident (e.g., parolee secures asylum, parolee is a beneficiary of a relative petition) while in the United States. It is important to note that the parole does not mean an admission to the United States and does not grant any benefits. If the maximum parole period of 1 year expires without a re-parole, the foreign national has to leave the United States.

Who has jurisdiction?

Immigration and Customs Enforcement (hereafter ICE), United States Citizenship and Immigration Services (hereafter USCIS) and Customs and Border Protection (hereafter CBP) all have concurrent authority to parole individuals. ICE can authorize parole of foreign nationals outside the United States for law enforcement matters. USCIS (HAB) can parole a foreign national outside the United States for humanitarian and other purposes. CBP can grant parole at United States ports of entry.

What factors are considered when parole is granted?

Some key factors considered during the adjudication of the application are identified below.

In family reunification cases, the following are considered:

Have all immigration visa avenues been exhausted? Parole is not granted if an applicant is attempting to by-pass the routine visa process;
Proof of bona fide relationship between the relative (within the United States) and the applicant;

In medical cases, the following are considered:

The severity of the medical condition;
The lack of availability of such medical treatment in the applicants home country;
A medical determination for the need of immediate medical treatment;
Sufficient documentation to support the medical claim; and
The ability to pay for the medical procedure (via insurance or otherwise) and the ability to have a paid ticket to return from the United States.

In emergency cases , the following are considered:

Sufficient medical documentation to support the claim that a relative is on their death bed;
Proof of bona fide relationship; and
Proof that there is no other relative in the United States can assist with estate matters.

Also, the parole is not likely to be granted if it is obvious that the parolee has intentions of staying longer than the allowed parole. Hence, when deciding whether humanitarian parole is a form of relief that could be utilized, it is vital to examine whether there is an emergency and in a majority of cases whether all other visa options have been exhausted.

What application and documentation should be provided? What is the process of filing for humanitarian parole?

To start the process, Form I-131, Application for Travel Document, a non-refundable $305 (there is no fee waiver), and a comprehensive statement of facts should accompany the application package. In addition, the identification of applicant (i.e. passport) and immigration status of the petitioner based in the United States should also be given. Any documents that support the various criteria (birth/marriage/death certificates) for the type of parole requested should be part of the submission.

Form I-134 (Affidavit of Support) also needs to be provided along with income tax returns for the prior two years, current employment information, insurance coverage (applicable to medical cases), immigration status of sponsor if not the same as petitioner. A parolee may ask for a re-parole 90 days prior to its expiration. To re-parole a new application (along with the fees and Affidavit of Support) would need to be filed along with a copy of the I-94 (Arrival/Departure Record) issued at parole time. If parole is not granted, then there is no appeal relief. However, a new application which demonstrates substantial change in circumstances may be filed.

Commentary

According to the USCIS, twenty-five percent of twelve hundred or so applications are granted annually and they are not liberally granted. However, this should not be a dissuasive factor. As in every area of the law, the envelope is yet to be pushed here. The question is whether practitioners are aware of this relief and are examining applicability to their cases? When doing consults (intakes), do practitioners check to see if this form of relief is applicable? Is this form of relief on their intake checklist? Awareness about this form of relief is key. As practitioners are informed and more viable applications are filed, it could prompt an evolution of case law in this area.

The Biometrics Appointment with the United States Citizenship and Immigration Services

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 10:07:56 GMT

What is the purpose? What to expect?

Those who are filing for Citizenship, Asylum, Legal Permanent Resident Status, or other immigration benefits, are required to attend a biometrics appointment. The purpose of this appointment is to allow the United States Citizenship and Immigration Services (USCIS) to gather photos, fingerprints, and other information in order to process a criminal background check.

In a majority of cases, there is a fee associated with this service and you pay this at the time of the submission of your petition. Once USCIS has accepted your petition, you will typically receive a biometrics appointment notice four (4) to six (6) weeks after the petition has been accepted. The appointment notice will give you a date, time, and place for the appointment. You are required to attend the appointment. Below are some frequently asked questions (and responses to them) related to the biometrics appointment.

What happens at the biometrics appointment?

At the biometrics appointment, USCIS will take your photograph, your fingerprints, and secure a digital signature that verifies that the information you provided on your petition was true and complete at the time of filing. After you complete the biometrics appointment, your appointment notice will be stamped to verify your presence. It is a good idea to keep this appointment notice and copies of all information you provide to USCIS for your records.

Who can I bring with me to the appointment? What do I need to bring? How long does it take for the appointment?

While there is no mandatory requirement, you can bring a friend, family member, or attorney to the biometric appointment. If you do not comprehend English, you should bring someone to assist you. For the appointment, you will need to bring the appointment notice and a photo ID (such as a drivers’ license, passport, or green card). Please read the appointment notice carefully as it may require additional documentation depending on YOUR specific case. Make sure to take that documentation with you to the appointment.

The appointment takes around 15 to 30 minutes and is held at the USCIS Application Support Center (ASC) for your region. You can normally enter the facility closer to the time of the appointment. Please keep in mind that there are a number of other applicants who also have the same appointment time as you. During the appointment time, applicants will be seen on a first-come and first-served basis. It is best to plan ahead of time and be there on time.

What If I cannot make my scheduled appointment?

The appointment notice will provide instructions on how to reschedule your appointment. You can request that your appointment be rescheduled in writing. If you know you cannot attend the initial appointment, make the request for a new appointment as soon as possible. It is important to realize that rescheduling the appointment can cause delays with the processing of your petition. Typically, the appointments are rescheduled within 30 days of the initial appointment.

What is USCIS doing with the data they collect?

There are several reasons for the biometric appointment. First, USCIS wants to ensure that you are really who you say you are. Second, the photo is utilized to generate an identity card (like a green card). Third, the fingerprints are used to conduct a criminal background check. If an applicant is under fourteen (14) years or older than seventy-nine (79) years, they will not be required to provide fingerprints. However, they will be asked to attend the biometrics appointment for a photograph and must attend. The data collected is valid for fifteen (15) months. If your petition is pending longer than that period, then you will have to attend another biometrics appointment.

What if I have a disability?

If you have a disability, you should inform the ASC officer during the biometrics appointment so that they can make an accommodation for your disability. If you cannot write your name in English or in your native language, you may be permitted to write an “X” to indicate that you have provided the requisite signature. Can USCIS change my name or provide answers to questions I have regarding my petition at the time of the appointment? USCIS personnel cannot and will not be providing any legal advice or case related information. They also cannot do a name change during the appointment.

The key takeaways are as follows:

Be prepared for the appointment by collecting all the requirement documents;
Make sure to arrive on time;
Make every effort to keep your initial appointment.

Author: Attorney Shobhana R. Kasturi is a practicing immigration lawyer in the Chicagoland area. This article authored by Shobhana Kasturi was originally printed in the India Tribune, 2016. The content of this article is general in nature and not meant to constitute legal advice, nor does it create an attorney-client relationship. Recipients of this article should refrain from taking action based on the information without seeking appropriate legal advice from an attorney licensed to provide such advice.

The Naturalization Interview: What to expect?

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 09:53:44 GMT

You have applied for your citizenship and now an interview has been scheduled. What will happen? What questions will you be asked? Who can accompany to the interview?

The officer who will conduct the interview will introduce themselves and administer an oath prior to the interview. The questions they can ask are related to the following topics:

Admission and length of time as a lawful permanent resident (LPR);
The number of absences from the United States and the length of the absences since you became a LPR;
Biographical information, including military and marital background;
The places you resided and your employment history (in the last 5 years) ;
Questions pertaining to criminal history and moral character;
Any affiliations/membership in groups, clubs, and or organizations;
Your readiness to take the Oath of Allegiance; and any other relevant issue pertaining to your N400 application.

The questions (more often than not) will relate to the five years preceding the naturalization application. The officer will also administer a test that verifies your knowledge of American history/civics and your ability to speak and read English. The test involves the following:

Reading TestAn applicant should be able to read one out of three sentences acceptably to establish an ability to read in English.
Writing TestAn applicant should be able to write one out of three sentences accurately to establish one’s ability to write in English.
Speaking TestAn officer will talk to the applicant regarding their naturalization application to determine their ability to speak English.
Civics TestAn applicant is asked to answer ten out hundred civics questions during the interview. An applicant should answer six of the ten questions correctly to pass the text.

Needless to say, it is very important to study and be prepared for this portion of the testing in addition to being very familiar with your naturalization application.

Who can be present with you at the Interview? Can I ask that the question(s) be repeated or rephrased if I am not clear on what is being asked?

Your attorney can be present with you for the interview. If you are applying for naturalization based on your marriage to a US citizen, the spouse does not need to be present, but their presence outside the interview room can be a morale booster. An interpreter is also permitted in medical waiver cases (where the applicant has applied for a full or partial waiver for taking the naturalization exam), but the preference is that the interpreter is a third party and not a relative. During the interview, if you are unsure of what you were asked, it is alright to request that the question be repeated. One should never answer without understanding what they are being asked. One should also wait for the question to be completely asked before responding. It is never a good idea to presume that you already know what the question is.

Is the Interview recorded?

An interviewing officer does have the right to record the interview if they want to. As the applicant, you have the right to request of a copy of the transcript by filing a Freedom of Information Act request. (FOIA).

At the end of the interview, the officer will inform the applicant of the results of examination and explain the next steps. If further information is needed, the officer can either schedule a re-examination or request the information by mail.

What happens if I do not pass the initial examination?

If you do not pass the initial examination, you will have a chance to retake the test. The re-examination is usually scheduled sixty-ninety days after the initial interview. If you are not able to pass the test during the re-examination and receive a denial of the application, you have the opportunity to request a hearing with a USCIS (United States Citizenship and Immigration Services) officer regarding this denial. You can also reapply for naturalization, should you not pass the test during the re-examination.

Some key aspects of the naturalization interview are as follows:

Be very familiar with your naturalization application.
Be truthful and ask for the question(s) to be repeated if you are unsure of what is being asked.
Be thoroughly prepared to take the American history/civics test and English reading and writing test.
If you are unsure about how the interview process works, seek guidance from a qualified immigration attorney.

Preparation is the key to experiencing a successful naturalization interview.

Author: Attorney Shobhana R. Kasturi is a practicing immigration lawyer in the Chicagoland area.

This article authored by Shobhana Kasturi was originally printed in the India Tribune, 2016.

The content of this article is general in nature and not meant to constitute legal advice. The content of this article is not meant to and does not create an attorney-client relationship. Any recipients of this article should not take action or refrain from taking action based on the information herein. Please seek appropriate legal advice based on the facts from an attorney licensed to provide such advice.

You have applied for your citizenship and now an interview has been scheduled. What will happen? What questions will you be asked? Who can accompany to the interview? The officer who will conduct the interview will introduce themselves and administer an oath prior to the interview. The questions they can ask are related to the following topics:

Admission and length of time as a lawful permanent resident (LPR);
The number of absences from the United States and the length of the absences since you became a LPR;
Biographical information, including military and marital background;
The places you resided and your employment history (in the last 5 years) ;
Questions pertaining to criminal history and moral character;
Any affiliations/membership in groups, clubs, and or organizations;
Your readiness to take the Oath of Allegiance; and any other relevant issue pertaining to your N400 application.

Reading TestAn applicant should be able to read one out of three sentences acceptably to establish an ability to read in English.
Writing TestAn applicant should be able to write one out of three sentences accurately to establish one’s ability to write in English.
Speaking TestAn officer will talk to the applicant regarding their naturalization application to determine their ability to speak English.
Civics TestAn applicant is asked to answer ten out hundred civics questions during the interview. An applicant should answer six of the ten questions correctly to pass the text.

Needless to say, it is very important to study and be prepared for this portion of the testing in addition to being very familiar with your naturalization application.

Who can be present with you at the Interview? Can I ask that the question(s) be repeated or rephrased if I am not clear on what is being asked?

Is the Interview recorded?

What happens if I do not pass the initial examination?

Some key aspects of the naturalization interview are as follows:

Be very familiar with your naturalization application.
Be truthful and ask for the question(s) to be repeated if you are unsure of what is being asked.
Be thoroughly prepared to take the American history/civics test and English reading and writing test.
If you are unsure about how the interview process works, seek guidance from a qualified immigration attorney.

Preparation is the key to experiencing a successful naturalization interview.

Author: Attorney Shobhana R. Kasturi is a practicing immigration lawyer in the Chicagoland area.

This article authored by Shobhana Kasturi was originally printed in the India Tribune, 2016.

The Returning Resident Visa (SB-1)

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 09:43:32 GMT

What is it? What are the basic requirements? What is the process? What is a Returning Resident Visa?

If a former Lawful Permanent Resident (LPR), who has been out of the United States (hereafter U.S.) for more than a year, now wants to regain his/her status, the returning resident visa may be a viable route for this reinstatement. One may lose LPR status if one stays outside the U.S. for more than a year without a re-entry permit or if one stays outside the U.S. for more than 2 years with a re-entry permit.

What are the eligibility requirements to apply?

In order to file this application, the applicant must be able to demonstrate the following:

At the time of departure, you had the LPR status;
At the time of departure, you had every intention of returning and you have not abandoned this intent;
Your stay outside the U.S. was due to reasons completely out of your control.

Who is not eligible?

A Conditional Resident, who did not file an application to have the conditions removed, is not eligible to apply for the Returning Resident Status. An individual who filed an Abandonment of Permanent Resident Status (Form I-407) is not eligible to apply for Returning Resident Status.

What is the process? What forms need completion? What is the cost?

The first step is to apply for the Returning Resident immigrant visa (SB-1). The applicant must contact the closest U.S. Embassy or Consulate, if considering applying for a Returning Resident immigrant visa (SB-1). The applicant must refer to the specific website of the chosen Embassy or Consulate, as each has specific instructions.

To apply for the Returning Resident (SB-1) immigrant visa, the following forms and documents will be required:

Completed Form DS-117
Permanent Resident Card, Form I-551
Provide Re-entry Permit (if applicable)

Note: Always check the local Embassy or Consulate website for specific instructions.

Other documents that could provide support to your case are:

Proof of strong ties to the US and intent to not abandon status (Examples: socio-economic and familial ties, tax returns, property in the US, Bank Accounts, etc.)
Proof of travel (Examples: plane tickets and dates of travel to and from the U.S.)
Proof that the lengthy stay outside the US was NOT in your control (Examples: medical issues that left you severely ill, accompanying a U.S. citizen spouse, due to a family issue you could not access your documents to leave the country, etc.) Reasons such as taking take of an older relative or not returning due to employment issues are not necessarily sufficient reasons.

Note: The above list of documents is not exhaustive and hence, it may be wise to seek guidance from an immigration attorney regarding your particular case.

Once you file the application, a Consular Officer will review the supporting documents and application to ascertain whether your application meets the requirement for the Returning Resident (SB-1) status. Next the Consular Officer will conduct an interview based on the application and its supporting documents. The fees required for determining Returning Resident Status, Form DS-117 are $180, non-refundable. Paying the fees is not a guarantee that the Returning Resident Status will be approved.

What happens if the application is approved?

If the application is approved, then you have six months to apply for an immigrant visa. In addition to attending another interview, you will need to pay the immigrant visa processing fee of $205 and complete a medical exam and pay vaccination fees.

What happens if the application is denied?

If the application is denied, then it could result in the determination that you have abandoned your LPR status. You would have the option of filing a brand new immigrant petition (if still eligible).

Some concluding thoughts

It is difficult to reinstate a Green Card (LPR Status) when one has spent an extended period of time outside the U.S. The approval rates for initial Returning Resident (SB-1) visa approvals are low. To successfully secure a Returning Resident visa (SB-1) approval, an applicant must convince the Consular Officer that his/her ties to the U.S. were maintained and staying outside the U.S. was completely out of the control of the applicant. This is not an easy task. For those LPR’s with potential extended stays outside the U.S., the golden rule is to consider seeking a re-entry permit prior to departure from the U.S.

Author: Attorney Shobhana R. Kasturi is an immigration attorney practicing in the Chicagoland Area.

This article authored by Shobhana Kasturi was originally printed in the India Tribune, 2016

The content of this article is general in nature and not meant to constitute legal advice. The content of this article is not meant to and does not create an attorney-client relationship. Any recipients of the content of this article should not take action or refrain from taking action based on the information. Please seek appropriate legal advice based on the facts from an attorney licensed to provide such advice.

The Reentry Permit

lindsay@blueinkweb.com (Lindsay Rosasco) — Mon, 01 Nov 2021 09:37:21 GMT

Why and What a Legal Permanent Resident (green card holder) needs to know about the reentry permit?

So, you have just gotten your Green Card (“Legal Permanent Resident Status”, aka LPR status) and you are thankful and happy about this for several seasons ,including but not limited to, being able to work in the United States, travel outside the United States, and one day have the opportunity to apply for citizenship. This is the sentiment that I felt as new immigrant and many LPR’s (Green Card holders) share this sentiments. However, one of the things that many do not know is that while a LPR can travel outside the United States and return, there are limitations regarding how long she/he can stay outside the country and when she/he can/should return etc.

What are these limitations?

As a Legal Permanent Resident you may travel outside the United and reenter without having to worry about applying for visa of some sort. However, as mentioned, there are restrictions on this travel.

If you leave the United States for more than one year, your Legal Permanent Status can be deemed null and void for reentry into the United States.

If you have been outside the United for more than six (6) months but less than a year, there may be a presumption that you have abandoned your LPR status.

After the long journey to secure Legal Permanent Residency, the last thing you want is to have the potential of losing this status. We all know there may be times due to family emergencies you may have to travel and stay outside the United States for periods greater than six (6) months or even a year. This of course does not mean that your intention is to abandon your Legal Permanent Status or your life in the United States. In order to avoid such a situation one should consider securing a reentry permit.

What is a reentry permit? What are the benefits? How can you get the reentry permit? What are the rules pertaining to this permit?

The purpose of the reentry permit is to establish that there was no intent to abandon your legal permanent status. It further permits you to apply for reentry into the United States after an absence of up to 2 years overseas without having to apply for a returning resident visa. Usually the permit is valid up to 2 years from the date it was issued. A reentry permit is required if you are traveling outside the United States for more than a year. While this is not the same requirement if you are outside the United for 6 months but less than a year, you should consider and seek guidance on whether it is appropriate to get the permit in your particular situation. Also, if you know you are going to be outside the country for 6 months and there is a possibility you may have to extend your stay, it is sensible to think about obtaining a reentry permit.

To get a reentry permit, you need to file Form I-131, Application for Travel Document. It is very important to understand that you should file Form I-131 well before your time of travel. Why you ask? If you are planning to leave in a week (for 1 year or more), have bought your tickets, and are just applying for the travel document, obtaining the reentry permit may not be possible prior to your departure. Processing times can vary for the I-131 and it would be a good idea to apply well ahead of your time (2-3 months) of travel. If you have yet to book to tickets and dates for travel are tentative, you can still apply by providing tentative dates of travel. During emergencies, you can ask that the approval of the reentry be expedited. However, you have to provide documentation and make a compelling case that the application needs to be expedited due to an emergency, for humanitarian reasons, and or to avoid financial loss that may be caused if the application is not expedited.

You ask if you can apply for the permit outside the United States. The answer is a simple no you cannot. You wonder if you can apply for the reentry permit, complete your biometrics in the United States, and then leave the country to receive the reentry permit at a consulate outside the United States. The answer is that this is an option but not always recommended.

You wonder if you can extend your reentry permit. The answer is no you cannot. If the permit has expired, you can apply for a new one. You do not need to send the expired permit along with the application. If you have a valid permit but are applying for a new permit, you need to send the valid permit in your possession along with your application. Of course if by misfortune you have lost, or had your permit stolen or destroyed, then you can apply for a new with a notation of the situation.

What is the process of filing for the form I-131? The process in a nutshell is as follows:

Complete the Form-131 application.
Provide the supporting documents.
Send a filing fee of $360 plus $85 for biometric (finger printing) to United States Citizenship and Immigration Services (hereafter USCIS) for the application (the fees are subject to change so it is important to check with USCIS) Applicants between the ages of 14 and 79 are required to attend the biometrics appointment.
Once the application has been submitted with along with the appropriate fees and any supporting documents, USCIS will schedule a biometrics appointment. This appointment must be attended while being physically present in the United States.
Check the USCIS.gov website for processing times for the application. These processing times are a guide and are not set in stone.
Wait for the decision on your application from USCIS.

What are the potential consequences for staying outside the United States without a reentry permit?

If you find yourself in a situation where you have been outside the United States for more than a year but did not secure a reentry permit, then there is a potential for the consequences to be severe In general, in such cases, there can be a presumption of abandonment of LPR status and there is a potential for the matter to be referred to an immigration judge to make this determination. In general, one may be eligible to seek a returning resident visa at the local consulate. Given that all cases are different and have varying circumstances, it is recommended to consult with an immigration attorney to discuss your situation.

In summary, while the LPR status allows one to travel outside the United States, it is important to remember that there are some limitations on the length of the absences from the United States. To avoid any dilemmas regarding travel that keeps you outside the United States beyond a year or more than six months, it makes sense to determine how to obtain the reentry permit and possibly seek more guidance on the process.

Author: Attorney Shobhana R. Kasturi, Kasturi Law LLC, 50 S Main Street, Naperville IL 60540, Kasturilaw.com, (630) 392-8101, info@kasturilaw.com.

This article authored by Shobhana Kasturi was originally printed in the India Tribune, 2016.

The content of this article is general in nature and not meant to constitute legal advice. The content of this article is not meant to and does not create an attorney-client relationship. Any recipients of the content of this article should not take action or refrain from taking action based on the information. Please see appropriate legal advice based on the facts from an attorney licensed to provide such advice.

Naperville IL Immigration Attorney

lindsay@blueinkweb.com (Lindsay Rosasco) — Fri, 29 Oct 2021 14:56:32 GMT

Immigration law is a profoundly personal field of law — an area of the law that is increasingly complex and often politically impacted.

You need someone who is both passionate to serve your family’s personal needs and someone who knows how to navigate the tangled web of the immigration system. Kasturi Law is owned and operated by Shobhana R. Kasturi. Ms. Kasturi has been practicing law for over 22 years. Her single focus is on immigration law which means your case is handled by an immigration attorney from beginning to end.

Each client receives impeccable personalized treatment within her boutique immigration law firm. Ms. Kasturi is a passionate and compassionate advocate who understands the complexities of the immigration system. Feel free to reference the 100 reviews on google over 145 reviews on avvo regarding Kasturi Law, LLC. Who should call Kasturi Law, LLC?

Spouses who have married and would like to petition for the other spouse who is living abroad to receive a green card (lawful permanent residence) in the U.S. Couples often find themselves separated from their loved ones and anxious to reunite with their spouse. It helps to have an advocate who understands consular processing, the nuance of particular immigration histories, and the importance of documenting the history of your relationship.

Many couples decide to marry here in the U.S. and would like to apply for the adjustment of status of the foreign spouse. It is important to work carefully and methodically with an attorney who understands the impact of entries and exits into the U.S., the implications of the new public charge rule, and the importance of establishing a good faith relationship. It is important to be prepared for the interview with USCIS of both spouses and to understand the role of certain questions and your rights in a contentious interview such as a Stokes Interview.

We can’t choose who we love and many couples find themselves in love with someone who resides abroad. Fiance Visas (K-1) are a novel and unique process — one that requires a skilled advocate who understands the consular process, but also the implications of marrying and eventually living and residing in the U.S. as a new couple.

For many families the U.S. immigration system is a divisive and painful structure. Families who want to unite with parents, siblings, and children need someone who understands the impact of the grounds of inadmissibility, preference based immigration system, consular processing, 245(i) immigration eligibility, provisional waivers, and I-30 visa petitions.

Becoming a lawful permanent resident (green card holder) is a daunting and momentous decision — one that has tremendous opportunities but also risks. It’s important to seek out the counsel of someone who understands the limitations on travel, importance of paying taxes, grounds of deportability, and the benefits enjoyed by lawful permanent residents.

Dreamers or DACA holders might find themselves in new relationships that can lead to adjustment of status or simply with a newly arisen issue that comes up during their DACA renewal process.

There is nothing more joyful than becoming a U.S. citizen. The Naturalization process is a long and arduous one and a process that requires commitment and intelligence. It is important to understand the interview, examination of history and civics, but also the good moral character requirements imposed by USCIS.

Often Naturalization applicants find themselves in challenging situations when applying for U.S. citizenship. Kasturi Law is equipped to handle situations arising from DUIs/arrests, failure to pay past child support, failure to register for the Selective Service, or Tax issues that might arise when applying for citizenship.

It is very important for immigrant applicants to understand that interviews with USCIS for naturalization or adjustment of status can become contentious and difficult at any moment. Kasturi Law works with applicants to prepare them for their naturalization and adjustment of status interviews in a thorough and confident way. Applicants need a passionate advocate who knows the USCIS office, officers, and law to protect you in the event expected and unexpected issues arise. Kasturi Law will travel nationwide to attend USCIS interviews.

Applicants may find themselves in precarious situations when they work pro se (unrepresented) or with an inexperienced immigration attorney and may seek out assistance when they receive a Request for Evidence (RFE), Notice of Intent to Deny (NOID), N-14, or Denial. You need swift advice, an action plan, and a competent attorney to assist.

Criminal immigration law is a nuanced field of immigration law. Criminal arrests, charges, and convictions can have profound and often disastrous impacts on immigration status. Seeking out competent counsel is essential and Opinion Letters from immigration counsel presented to the judge in criminal court may help to reduce your charge or sentence.

Families left with no other immigration options facing a serious medical or family emergency may be eligible to apply for Humanitarian Parole to seek entry into the U.S. when they might have been otherwise unable.

If a visa holder wants to change his or her status in the U.S. in this current political climate it is essential to seek out immigration assistance. For example, if an applicant arrived as a tourist, but would like to become a student in the U.S. then an applicant must apply to change status to a different immigration category (non-immigrant visa).

After two years of life in the U.S. as a conditional permanent resident (conditional green card holders) — applicants need to apply on Form I-751 to remove conditions. Married couples need assistance to again prove the bona fide marriage. Unfortunately, some issues (separation, domestic violence, emotional cruelty, and divorce) plague a marriage. Kasturi Law is here to advise and represent couples and individuals who need assistance with I-751s.

For a variety of reasons applicants who were born abroad to U.S. citizen parents or applicants whose parents became U.S. citizens when they were minors might need proof of their U.S. Citizenship. Kasturi Law proudly represents applicants who derive or acquire U.S. citizenship and need assistance applying for a certificate of citizenship.

Many women and men in the U.S. find themselves trapped in a marriage to a U.S. citizen or lawful permanent resident – who have been victims of physical abuse, emotional cruelty, or verbal abuse. These immigrant victims of domestic violence might be eligible to self-petition for lawful permanent residence (green card) under the Violence Against Women Act (VAWA).

Certain victims of crime who assist law enforcement might be eligible for a special visa called a U Visa. This type of visa is very specific and can lead to permanent residence. U Visa holders need to apply for adjustment of status (green card) and need an advocate who understands the immigration laws specific for U Visa holders.

Immigrants who have been victim of sex or labor trafficking whether that be in their home environment, when crossing the border, or in the U.S. in the course of their employment — might be eligible for a T Visa or a visa for victims of human trafficking. It’s very important for applicants to seek out specialized assistance with T Visas.

Call Kastur Law, LLC today to discuss your immigration matter at 630-392-810 .

When do I file Form N-600?

lindsay@blueinkweb.com (Lindsay Rosasco) — Fri, 29 Oct 2021 14:53:48 GMT

There are many people out there who are already considered U.S. citizens by virtue of the citizenship of their parents regardless of whether they were born abroad.

It is always a highlight to deliver the good news to someone who wants to adjust their legal status here in the U.S. that they are already a U.S. citizen! It is good news because the applicant is automatically a U.S. citizen and does not need to go through the process of the civics exam or good moral character analysis like a typical naturalization applicant. For this reason, it is important to meet with a qualified immigration attorney who will analyze your family history and the citizenship status of your parents and grandparents.

So, who is already a U.S. citizen? The rules related to acquiring or deriving citizenship from your parents can be tricky and have changed numerous times throughout the past 100 years. Generally speaking, anyone who is born to a parent who is a U.S. citizen at the time of their birth or someone who is a lawful permanent resident and whose parent attains U.S. citizenship before the child’s 18th birthday is automatically a U.S. citizen either at birth or when the parent becomes a U.S. citizen. It is even possible that grandparents can pass on citizenship unknowingly to an applicant’s parents.

An immigration attorney can assist you with applying with the U.S. Citizenship and Immigration Services (USCIS) for proof that you are a citizen of the U.S. You do this by filling out and submitting evidence on Form N-600. This application will ensure that you receive a Certificate of Citizenship. On the N-600 you will need to submit detailed information about your parents as it relates to their citizenship, how they obtained permanent residence, and whether you lived in their physical custody at the time that they obtained citizenship.

With Form N-600 you need to submit the following: $1,170 filing fee (always subject to change by USCIS), passport photos, child’s birth certificate, evidence of the parent’s U.S. citizenship, and the U.S. citizen parent’s birth certificate. You may need to submit proof that the parent actually resided in the U.S., U.S. citizen parent’s marriage certificate or divorce decrees, proof of legitimation if a parent is applying and the child was born out of wedlock, proof of legal and/or physical custody of the child, and/or proof of legal adoption. Please call Kasturi Law, LLC at 6303928101 to discuss eligibility and the documentation needed to establish eligibility.

What is Form N-600K?

lindsay@blueinkweb.com (Lindsay Rosasco) — Fri, 29 Oct 2021 14:52:00 GMT

There are many people out there who are already considered U.S. citizens by virtue of the citizenship of their parents regardless of whether they were born abroad and even if they still reside in another country.

Form N-600K is filed by an applicant to establish that he or she is a U.S. citizen because they have a U.S. citizen parent even though the child applicant will remain living in another country outside the U.S. On the other hand many applicants who are proving their U.S. citizenship will do so on a different form called Form N-600. In order to know which is the route for you consider meeting with a qualified immigration attorney who will determine which type of form you need to file to obtain evidence of your citizenship.

An immigration attorney can assist you with applying with the U.S. Citizenship and Immigration Services (USCIS) for proof that you are a citizen of the U.S. You do this by filling out and submitting evidence on Form N-600K. This application will ensure that you receive a Certificate of Citizenship. On the N-600K you will need to submit detailed information about your parents as it relates to their citizenship, how they obtained permanent residence, and whether you lived in their physical custody at the time that they obtained citizenship.

With Form N-600K you need to submit the following: $1,170 filing fee (always subject to change), passport photos, child’s birth certificate, evidence of the parent’s U.S. citizenship, the U.S. citizen parent’s birth certificate, proof of the required physical presence in the U.S. for the U.S. citizen parent (or grandparent), and proof of citizenship with the parent or grandparent.

You may need to submit proof that the parent actually resided in the U.S., U.S. citizen parent’s marriage certificate or divorce decrees, proof of legitimation if a parent is applying and the child was born out of wedlock, proof of legal and/or physical custody of the child, and/or proof of legal adoption. Please call Kasturi Law, LLC at 6303928101 to discuss eligibility and the documentation needed to establish the eligibility.