Posts Tagged ‘Permanent Resident’

BIA held Advance Parole Absence does not trigger Unlawful Presence Bar

May 1st, 2012 Tushar Mathur

In a recent BIA decision, the Board surprisingly held that a foreigner
who left the United States after securing an “advance parole” travel document
from the DHS is not considered a departure for the purposes of determining
whether the person is subject to the 10-year unlawful presence bar.  The Board held that the foreigner is
therefore allowed to apply for adjustment of status to become permanent
resident under section 245(i) of the Immigration and Nationality Act.
 In Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012),
the respondents, husband and wife, legally entered the U.S.

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Grant opportunity announced by US Citizenship and Integration Grant Program

April 2nd, 2012 Tushar Mathur

On 20 March 2012, US Citizenship and Immigration Services (USCIS) announced that $5 million in competitive grant funding would be available to promote immigrant civic integration and prepare permanent residents for citizenship. The grant will go towards funding various citizenship preparation programs in communities across the country.

Since its establishment in 2009, the US Citizenship and Integration Grant Program has issued a total of $18.3 million in grants to immigrant-serving organizations that have provided citizenship preparation services to more than 29,000 US permanent residents.

Eligible organisations have until 7 May 2012 to apply for grant funding.

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Poverty Guidelines for 2012 for Affidavit of Support of Immigrants

March 10th, 2012 Tushar Mathur
There are many legal requirements for a foreigner who wants to become a Lawful Permanent Resident of the United States.  One of which is proof that the intending immigrant will not become a financial burden of the United States.   In all family-based petitions, the petitioner must promise under oath that the beneficiary immigrant will not become a financial burden of the U.S. by completing a Form I-864, Affidavit of Support.  The only exception is if the beneficiary has already completed 40 quarters of work in the U.S.  The petitioner (also the financial sponsor) must demonstrate in Form I-864 an income of at least 125 percent of the current poverty level for the his household size, including the immigrants and their dependents. 

If the petitioner cannot meet the I-864 requirements, another person may act as a joint sponsor and complete his or her own Affidavit of Support.  Both petitioner and the beneficiary may also use their assets such as real estate, stocks, bonds, cash, etc., to meet the I-864 requirements. 

Every year, the U.S.

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Canadian Immigration’s Provincial Nominee Program is successful for immigrants

February 10th, 2012 Tushar Mathur

A new report has found that Canadian Immigration’s Provincial Nominee Program (PNP) has been successful in attracting immigrants to Canada’s provinces and territories.

The PNP, after the Federal Skilled Worker Program is Canada’s second largest economic immigration program. The program allows immigrants with skill sets that Canadian provinces deem desirable, or individuals most likely to invest and create jobs, to have their permanent resident applications fast-tracked. Over 36,000 new permanent resident applications per year are made under the Provincial Nominee Program.

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When is a Lawful Permanent Resident considered seeking admission to the United States?

October 23rd, 2011 Tushar Mathur

The United States immigration laws confer certain rights and privileges to a person who has been granted Lawful Permanent Resident (LPR) status by the government.  These individuals, commonly known as green card holders, are authorized to work and live in the United States indefinitely.  Legal residents are also allowed to return to the United States after international travel.  Nonresidents, on the other hand, are considered applicants for admission and must establish that they are admissible to the United States in order to enter.

Sec.

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It’s time to bring back Section 245(i)

May 2nd, 2011 Tushar Mathur

It may be hard to believe, but April 30 marked the 10th anniversary of the sunset date of Section 245(i) of the Immigration and nationality Act – a law that has changed the lives of tens of thousands of people in the United States by allowing them to be legalized through adjustment of status. In order for a foreign national to adjust their status to that of a lawful permanent resident, she must meet a number of conditions and requirements in the legal process called adjustment of status. Congress passed Section 245(i) to allow foreigners to adjust their status even though they did not meet all the conditions and requirements.

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Seattle Immigration Lawyer | Bribery of a Public Official is Not an Aggravated Felony Under INA

November 24th, 2010 Tushar Mathur

As immigration attorneys and other immigration law watchers know, the definition of “aggravated felony” under the Immigration and Nationality Act (“INA”) is ever-changing. Last month was no exception. In a decision that represented a victory for the narrow definition crowd, the Board of Immigration Officials (“BIA”) recently ruled in favor of an Austrian lawful permanent resident who was convicted of bribery of a public official under federal law, for which he was sentenced to 36 months of imprisonment. Matter of Chrysanth George Gruenangerl, 25 I&N Dec. 351 (BIA 2010).

In September, an Immigration Judge (“IJ”) had found Mr.

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Seattle Immigration Lawyer | Intro to Getting a Green Card Through Employment

October 9th, 2010 Tushar Mathur

This will be the first of several blog posts covering employment-based immigrant visas—the route to a green card through employment. Only 140,000 immigrant visas are made available per year for immigrants, along with their spouses and children, who wish to immigrate based on their job skills. On top of that, there is a quota that limits every country to seven percent of the available green cards every year. (There is no quota for immediate relatives of U.S. citizens.) And, several categories (known as “preferences”) of employment-based immigrant visa petitions require that the sponsoring employer file a labor certification application with the U.S.

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