Posts Tagged ‘Visa Petition’

U Visa – An important tool for crime victims to obtain legal status

Many immigrants in the United States are hesitant to approach police and other law enforcement officers when they become crime victims. For people who are in the U.S. without legal status, they try to avoid contacts with police officers for fear that their illegal status may be exposed. Even legal immigrants are sometimes afraid to approach police in the U.S. because of cultural differences and language barriers. Most of them do not know that there exists a special visa designed for victims of certain crimes called the U visa.

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

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

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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Eligibe Widows Must File Self Petition by October 28, 2011

USCIS reminds certain eligible widows or widowers of deceased U.S. citizens to file their visa petitions by October 28, 2011 – the deadline imposed by the FY2010 DHS Appropriations Act.  This Act, signed into law by the President on October 28, 2009, removed the requirement that the marriage must have existed for two years before the death of the U.S. citizen spouse in order for the surviving spouse to self-petition for lawful permanent residence status.  The elimination of the so-called "widow penalty" also allows any minor children of the widow(er) to apply for status.  However, the law imposed a two-year deadline to file the petition.  Applicants whose U.S.

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The Religious Worker Path to a Green Card

If you work for a recognized religious organization, either as a minister or a religious worker, you might qualify for a green card as a special immigrant. You can apply for your green card as a minister or religious worker from inside the U.S.—if you are in lawful status and not working without authorization—or from abroad. You start the process by filing an I-360 petition on your own or through your employer. Whether you or your employer files the petition, the prospective U.S. employer must submit certain documentary evidence, including an attestation showing that certain requirements have been met regarding the organization, its history of filing this type of petition and the position and salary.

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Seattle Immigration Lawyer | Employment-Based Visa Preferences

Returning to my series on obtaining a green card based on a job offer, when deciding whether to apply for an immigrant visa you must determine which employment-based preference category you fall into.

The first three employment-based immigrant visa preferences are as follows:

First Preference (EB-1): Persons of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors or researchers; and multinational executives and managers. (No Labor Cert. required.)

First Preference is known as the category for “priority” workers. Needless to say, the vast majority of immigrants do not meet the criteria.

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Seattle Immigration Lawyer | The Marriage Route to Getting a Green Card Cont’d – Living in the U.S. and Married to a LPR

I have used the last three postings of the Seattle Immigration Lawyer Blog to discuss this popular topic and after this current posting it will be time to move on. In this last scenario, if the immigrant spouse is living in the U.S. and married to a U.S. LPR, the LPR files the visa petition with USCIS, which goes into the now familiar “lockbox.” When the immigrant spouse’s priority date is current, or close to that time, the petition will hopefully be approved.

But, here is where it really gets ugly. The immigrant spouse living in the U.S. who is married to a U.S.

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Seattle Immigration Lawyer | The Marriage Route to Getting a Green Card Continued – Living Abroad and Married to U.S. LPR

As any decent immigration lawyer will tell you, it’s easier to get your green card if you are married to a U.S. citizen rather than a U.S. lawful permanent resident. But, in writing my immigration lawyer posts on obtaining a green card, I want to cover as many options as possible. So, in the case of an immigrant living outside of the U.S. who is married to a U.S. lawful permanent resident (LPR) spouse, as usual, the U.S. spouse starts the process by mailing the visa petition (I-130) to USCIS.

Now, here comes the bad part. A visa petition from a U.S.

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