Current daca regulations
DACA holders are still permitted to renew their applications until further notice.
Family based immigration
You may qualify for immigrant visa if you are: 1. the spouse, parent, or child of aU.S. citizen or 2. you are the spouse or unmarried son or daughter of apermanent resident.
The U.S. immigration law classifies Family-Based immigration into two groups: Immediate Relatives of U.S. citizens and the four Family-Based Preferences.
What is a Petitioner? The U.S. citizen or permanent resident filing for a relative (petitioning for the relative) is the petitioner.
What is a beneficiary? The relative trying to get an immigrant visa.
If you are an immediate relative of U.S. Citizen if you fall into one of the categories below:
1. You are a spouse of a U.S. citizen.
2. You are an unmarried child (under 21 years of age) of a U.S. citizen.
3. You are a parent of a U.S. citizen so long as the U.S. citizen is at 21 years or older.
4. Spouse of a deceased U.S. Citizen: You were married to the U.S. citizen for at least two years at the time of their death and you were not legally separated at the time of death. You self petitioned within two years of your spouses death and you have not remarried.
No quota to worry about!
If you are an immediate relative of U.S. citizen, as described above, you don’t have to worry about quotas or waiting lists. You’ll be able to get your “green card” as soon as your application/papers are processed because the number of visas available to immediate relatives of U.S. citizens is unlimited.
Family Based Categories
Quotas do apply to the Family based categories. The following list is the range of family based preference categories you need to be aware of:
1. First Family Based Preference: Adult unmarried sons and daughters (age 21 or older) of U.S. citizens.
2. Second Family Based Preference A. Spouse and unmarried children (under age 21) of permanent residents.
3. Second Family Based Preference B. Unmarried sons and daughters of (of any age) of permanent residents.
4. Third Family Based Preference: Married children of U.S. citizens.
5. Fourth Relative Preference: Brothers and sisters of U.S. citizens if the US citizen is age 21 or older.
Overcoming Obstacles to Becoming A Permanent Resident: Inadmissibility
Being “inadmissible” means one of the “bars” listed below will prevent you from becoming a permanent resident even if you qualify under immediate relative or under one of the preference categories. Some of the obstacles or “bars” that may make you “inadmissible” are:
1. Having been unlawfully present in the United States.
2. Likelihood that you will be come a “public charge” (e.g., welfare or public assistance). See Immigration News for up to date rule changes regarding the Affidavit of Support (Form 1-864).
3, You have engaged in criminal activity.
4. You lied or mispresentated your background to the USCIS or to a US consul.
5. Political Activity (e.g., You joined the communist party declaring to overthrow the US government).
6. Medical conditions.
Has Your Friend or Relative Been Arrested by the Local Police or ICE?
Hours can make a difference. If your friend or relative has been arrested and ICE (Immigration Customs & Enforcement) has placed a detainer or hold, you must act immediately.
Contact attorney George Pappas now to learn how to legally protect your friend or relative.
Is Your Friend or Relative Currently in Removal Proceedings?
NTA (Notice To Appear)
If you have been arrested or picked up by Immigration Customs Enforcement (“ICE”), do not assume that you or your loved one is necessarily required to be deported. It is vitally important to contact an immigration attorney as soon as your friend or relative is arrested. The most important document to assist you and your attorney is the NTA (Notice to Appear) document. It is important to know what charges are being used to “hold” or “remove” your friend or relative.
If you need representation in Immigration Court for removal proceedings, please contact George D. Pappas, Esq. at (828) 394-2242.
Es su amigo o relativa actualmente en proceso de eliminación?
Si han sido detenidos o recogidos por aduanas de inmigración (“ICE”), no dé por sentado usted o su ser querido tiene necesariamente que ser deportados. Es de vital importancia para ponerse en contacto con un abogado de inmigración tan pronto como su amigo o pariente es arrestado. El documento más importante para ayudar a usted y a su abogado es el documento NTA (aviso que estarán). Es importante saber qué cargos se utilizan para “sostener” o “eliminar” a su amigo o relativa.
Si usted necesita una representación en la Corte de inmigración para procedimientos de eliminación, por favor póngase en contacto con George Pappas en 828-394-2242.
President Obama Gives Immigrants Tied to Military Troops and Veterans Reprieve from Deportation
The Obama Administration has issued a new policy on November 15, 2013 for immediate family members (children, parents and spouses) of U.S. military and National Guard troops and veterans living in the United States without permission to remain in the U.S. and move toward becoming a legal permanent resident.
The above policy extends to all active-duty members of the armed forces, and to reservists including the National Guard. The new policy also applies to veterans.
Family members of the above military and veteran groups will be able to apply for “parole in place.”
If you are serving in the U.S. armed forces, National Guard or have veteran status, please contact Attorney George Pappas for a consultation to learn how you can sponsor your undocumented family members for legal permanent residence in the United States. Consultations are available in Hendersonville, NC or telephonically or via Skype world-wide.
H-1B Temporary Workers
“U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.” USCIS
The marketplace is truly global and with US companies finding it harder and harder to find US employees to fill their critical needs, US companies must have the option of hiring comparable foreign workers at similar US wage scales in order to improve US competitiveness.
Congress must act to increase the number of temporary highly skilled worker visa numbers so US business can fill critical employment needs.
“As the U.S. engages in a heated debate over how to overhaul its immigration policies, a top Google executive made the case before Congress to open the doors to more high-skilled foreign workers and make it easier for them to become citizens. “The fact is that we are in a fierce worldwide competition for top talent unlike ever before,” said Laszlo Bock, vice-president for people operations at Google. “As companies in India, China, and other countries step up efforts to attract highly skilled employees, the United States must continue to focus on attracting and retaining these great minds.”
Bloomberg Business Week, June 7, 2007
US Employers unable to fill open positions with highly skilled US workers should take advantage of this special temporary worker visa category to enhance their company’s competitive edge.
If you are a US company unable to fill a highly skilled or specialty employment position with a US employee, consider sponsoring a skilled foreign employee with the skills you require.