Posts Tagged ‘Petitioner’

L-1 visa petitions for applicants starting a new U.S. office

November 1st, 2011 Tushar Mathur
Immigration Act Section 101(a)(15)(L) allows a multinational company to temporarily transfer foreign nationals with management, executive, and specialized knowledge skills to the United States to continue employment with an office of the same employer.   Petitioners seeking to classify foreigners as intracompany transferees must file an I-129 petition with a USCIS service center for a determination.  There are many complicated issues involved in the adjudication of an L-1 visa petition.  For examples, the petitioner must establish that there is a qualifying relationship between the U.S.

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BIA held F2A visa beneficiaries may not "opt out" of automatic conversion to F1

October 6th, 2011 Tushar Mathur

The Board of Immigration Appeal (BIA) has just held that a visa beneficiary is not allowed to retain his F2A preference status by opting out of automatic conversion to the F1 category as a son of a United States citizen upon his parent’s naturalization. Matter of ZAMORA-MOLINA, ID 3729, 25 I&N Dec. 606 (BIA 2011)

The mother of the beneficiary son filed a visa petition on his behalf when he was under the age of 21.  However, while the case was waiting for a visa number, the son turned 21 and, subsequently, the mother became a naturalized citizen.

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H-1B Cap Exemptions Based on Relation or Affiliation

March 18th, 2011 Tushar Mathur

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today,
in response to recent stakeholder feedback, that it is currently reviewing its
policy on H-1B cap exemptions for non-profit entities that are related to or
affiliated with an institution of higher education. Until further guidance is
issued, USCIS is temporarily applying interim procedures to H-1B non-profit
entity petitions filed with the agency seeking an exemption from the statutory
H-1B numerical cap based on an affiliation with or relation to an institution of
higher education.

Effective immediately, during this interim period USCIS will give deference to
prior determinations made since June 6, 2006, that a non-profit entity is
related to or affiliated with an institution of higher education – absent any
significant change in circumstances or clear error in the prior adjudication –
and, therefore, exempt from the H-1B statutory cap.

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Seattle Immigration Lawyer | Forcing DHS to Act, a Brief Look at Mandamus Actions

February 3rd, 2011 Tushar Mathur
In general, a “mandamus” is a written order issued by a court commanding a lower court or government officer to perform mandatory or purely ministerial duties correctly. In the immigration context, a person may file a mandamus petition in federal district court to force a DHS officer or other agency officer to perform a nondiscretionary duty, such as ordering USCIS to adjudicate an application or petition that has been unreasonably delayed (28 U.S.C. §1361).

In one mandamus action that was granted, the court ordered the INS to adjust a diversity lottery applicant prior to the end of the fiscal year.

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Poverty Guidelines for 2011 for I-864

January 28th, 2011 Tushar Mathur

 

An intending immigrant must prove to the U.S. government that he or she will not become a “public charge” after immigration.  In other words, proof that there is sufficient financial support is one of the many requirements for a person to obtain a U.S. green card.  In all family 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 I-864 an income of at least 125 percent of the current poverty level for the his or her household size, plus the beneficiary immigrant(s). 
 

What if the petitioner cannot meet the I-864 requirements?  Another person may act as a joint sponsor if the petitioner does not have the required financial resources.  Both petitioner and the beneficiary may also use their assets such as real estate, stocks, bonds, cash, etc., to meet the I-864 requirements.  
How do we know what the poverty guidelines are?  It is the job of the U.S.

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Process of Green Card for Indian in US

April 26th, 2010 Tushar Mathur

For Indians United States of America always has been a vineyard or the place to achieve all the goals that have been setup in life. These vintage thoughts have always been very prevalent till now. Everyone wants to settle in the supreme country of the world and the thing that guarantees this permanent settlement is called the green card. There are different types of categories in which green cards that are offered by the US and the ones by which Indians get a green card are mainly sponsorship by a family member or an employer and investment as an entrepreneur.

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Steps to get a Green Card for Indians in US

April 12th, 2010 Tushar Mathur

This is a fact that India is still a developing country and US has been a developed country for a long time. So Indians in search of greener pastures migrate to US looking for better jobs and good standard of living. Most of them travel on visas that are non-immigrant and mostly get a HIB visa that gives a ticket to stay in US for at most 6 years. After giving services for these many years everyone wants to have a permanent citizenship of US and that is granted by the green card.

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