Lei Mei resides in Boston, Massachusetts and has been a U.S. lawful permanent resident, commonly known as a green card holder, for ten years. She has worked as a travel agent for nine years, but has failed to file her federal tax returns. Six years ago, she traveled to Guangzhou, China to care for her sick mother and stayed there for seven months until her mother was back in good health. Lei Mei is now interested in filing to become a U.S. Citizen.
Juan has been a green card holder for six years and resides in Providence, Rhode Island. He has two children with his ex-wife, Glenda, who live in Dallas, Texas. Juan has not seen his children in five years and has not supported them financially during that time. Juan has had trouble with alcoholism and has been arrested for disturbing the peace after drinking too much alcohol in public. Juan is also now interested in filing to become a U.S. Citizen.
Lei Mei and Juan are going to run into some obstacles in becoming U.S. Citizens. Generally, green card holders are able to become U.S. Citizens after five years of residing in the United States with a green card. If someone marries a U.S. Citizen, they only have to wait three years. However, committing certain acts can lead to problems in being awarded U.S. citizenship.
Those who have been out of the U.S. for more than six months at a time, such as Lei Mei, who are in deportation or removal proceedings or have been deported, who have not filed federal income taxes, who have not financially supported their children, who are male and did not register for Selective Service, who are on probation or parole for a criminal conviction, who lied or committed fraud to get their green card, who have been arrested or convicted of a crime, who lied or committed fraud to receive public benefits, who helped someone enter the U.S. illegally, who claimed to be a U.S. Citizen, who have been charged with committing domestic violence, child abuse, or child neglect, who voted illegally, who have been involved in prostitution, or who are habitual drunkards, drug abusers, or drug addicts will experience problems in becoming U.S. Citizens.
Additionally, in some cases, not only will the government deny a person’s citizenship application, but they will also try to take away that person’s green card and deport them.
For those who have committed any of the acts listed above, it is extremely important that they hire an attorney to guide them through the citizenship process. In many cases, the above acts can be forgiven or remedied and a person can still become a U.S. Citizen. However, not having an attorney to assist you often leads to applications being denied.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.
Tuesday, May 26, 2009
Thursday, May 21, 2009
Immigration Reform in the United States: Using the U.K. as a Blueprint
President Obama has publicly stated that he will attempt comprehensive immigration reform by the end of the year. At this time, it is unknown as to what U.S. immigration law and policies will look like after immigration reform occurs. Perhaps, however, we need only look at our friends across the Atlantic to see what the future U.S. immigration system will look like.
Before delving into the new immigration system in the United Kingdom, let us first take a look at the current immigration system in the United States, focusing on those temporary visas that allow foreign individuals to work in the U.S. Currently, for a non-U.S. Citizen or Lawful Permanent Resident to work in the United States, they must find an employer to sponsor them for a visa. Once they find this employer, the employer must pay all immigration costs and submit a visa application to the U.S. immigration department. The employer and employee must wait for the immigration department to approve the visa before the employee is allowed to start working for the company. Once the visa is approved, if the employee is fired prior to the expiration of their visa, they must immediately leave the country or apply for a new visa. The employment visa process is costly and timely for employers and employees.
To further complicate matters, many employers and employees in the U.S. often choose to disregard immigration laws and work illegally. Under President Bush, large immigration raids were commonplace where hundreds of employees would be arrested at work and later deported to their home countries.
In the past couple of years, the United Kingdom has drastically revamped its immigration system, especially when it comes to employment visas. Now, prior to being allowed to employ non-United Kingdom citizens or permanent residents, all companies desiring to do so must be licensed by the government. In order to be licensed, a company must allow the government to conduct an audit of the company’s employment practices. Therefore, companies cannot be employing people illegally or they will not pass the audit. Once companies pass the audit process, they are able to process employment visas internally rather than having to go through the immigration authorities. Companies are enjoying this new system because although the licensing process is timely and expensive, once it is done procuring employment visas for company employees is simple and inexpensive.
The United Kingdom employment visa process may be attractive to President Obama as a possible solution to the outdated U.S. employment visa system for a few reasons. First, companies can easily and efficiently move employees from a foreign office in a U.S. office after passing the licensure process. Next, the United Kingdom model decreases the amount of work that needs to be done by their immigration department. Currently, the U.S. immigration department is overworked and there is often a significant backlog of visa applications due to this. Finally, the United Kingdom model provides a great solution to the problem of people working illegally in the country. Companies employing people working illegally do not pass the licensure test. Therefore, President Obama will appeal to those who complain about the large numbers of people in the United States illegally.
As we wait for President Obama to outline his plans for immigration reform, many continue to speculate as to what the new U.S. system will resemble. Only time will tell if he chooses to copy the system that was recently put into action in the United Kingdom when it comes to employment visas.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.
Before delving into the new immigration system in the United Kingdom, let us first take a look at the current immigration system in the United States, focusing on those temporary visas that allow foreign individuals to work in the U.S. Currently, for a non-U.S. Citizen or Lawful Permanent Resident to work in the United States, they must find an employer to sponsor them for a visa. Once they find this employer, the employer must pay all immigration costs and submit a visa application to the U.S. immigration department. The employer and employee must wait for the immigration department to approve the visa before the employee is allowed to start working for the company. Once the visa is approved, if the employee is fired prior to the expiration of their visa, they must immediately leave the country or apply for a new visa. The employment visa process is costly and timely for employers and employees.
To further complicate matters, many employers and employees in the U.S. often choose to disregard immigration laws and work illegally. Under President Bush, large immigration raids were commonplace where hundreds of employees would be arrested at work and later deported to their home countries.
In the past couple of years, the United Kingdom has drastically revamped its immigration system, especially when it comes to employment visas. Now, prior to being allowed to employ non-United Kingdom citizens or permanent residents, all companies desiring to do so must be licensed by the government. In order to be licensed, a company must allow the government to conduct an audit of the company’s employment practices. Therefore, companies cannot be employing people illegally or they will not pass the audit. Once companies pass the audit process, they are able to process employment visas internally rather than having to go through the immigration authorities. Companies are enjoying this new system because although the licensing process is timely and expensive, once it is done procuring employment visas for company employees is simple and inexpensive.
The United Kingdom employment visa process may be attractive to President Obama as a possible solution to the outdated U.S. employment visa system for a few reasons. First, companies can easily and efficiently move employees from a foreign office in a U.S. office after passing the licensure process. Next, the United Kingdom model decreases the amount of work that needs to be done by their immigration department. Currently, the U.S. immigration department is overworked and there is often a significant backlog of visa applications due to this. Finally, the United Kingdom model provides a great solution to the problem of people working illegally in the country. Companies employing people working illegally do not pass the licensure test. Therefore, President Obama will appeal to those who complain about the large numbers of people in the United States illegally.
As we wait for President Obama to outline his plans for immigration reform, many continue to speculate as to what the new U.S. system will resemble. Only time will tell if he chooses to copy the system that was recently put into action in the United Kingdom when it comes to employment visas.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.
Hope for Non-U.S. Citizens: Obama Promises Immigration Reform
Hope came to many within the immigrant community on April 9, 2009 when the New York Times published an article on their front page proclaiming that President Obama has promised to support a plan to reform the U.S. immigration process. According to the New York Times, President Obama has pledged to support a comprehensive immigration reform bill that will offer a path to legalization for people currently in the United States without immigration status.
Immigration advocates are extremely optimistic that immigration reform will indeed occur as President Obama has promised. Andrew Hernandez, a Latin-American scholar in Texas, said that while he is surprised that President Obama has promised immigration reform in his first term, his level of support has remained high enough that he should be able to push the legislation through. Furthermore, President Obama has support in the form of the American public on his side. In addition to the popularity of President Obama, two-thirds of Americans have consistently said in national polls that they support a fair system of legalizing illegal immigrants.
As recently as a few weeks ago, immigration experts were of the opinion that immigration reform would not be possible because of the poor economy. Instead, they claimed, immigration reform would have to wait until the economy was stabilized and on its way to recovery. However, now those same critics are not only saying that immigration reform is possible despite the current economy, but it can actually be used as a stimulus to help improve the economy. According to the American Immigration Law Foundation, legalizing non-U.S. Citizens without legal immigration status will improve wages and working conditions for all workers in the United States and increase tax revenues for local, state and the federal government. The Foundation supports its conclusion by arguing that on average, legal workers earn 15% more than their illegal counterparts doing the same job and that by legalizing workers, they will be forced to pay taxes.
Immigration advocates are of the impression that immigration reform could happen as early as November 2009. This is great news for the 12 million people currently living in the United States without legal immigration status.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.
Immigration advocates are extremely optimistic that immigration reform will indeed occur as President Obama has promised. Andrew Hernandez, a Latin-American scholar in Texas, said that while he is surprised that President Obama has promised immigration reform in his first term, his level of support has remained high enough that he should be able to push the legislation through. Furthermore, President Obama has support in the form of the American public on his side. In addition to the popularity of President Obama, two-thirds of Americans have consistently said in national polls that they support a fair system of legalizing illegal immigrants.
As recently as a few weeks ago, immigration experts were of the opinion that immigration reform would not be possible because of the poor economy. Instead, they claimed, immigration reform would have to wait until the economy was stabilized and on its way to recovery. However, now those same critics are not only saying that immigration reform is possible despite the current economy, but it can actually be used as a stimulus to help improve the economy. According to the American Immigration Law Foundation, legalizing non-U.S. Citizens without legal immigration status will improve wages and working conditions for all workers in the United States and increase tax revenues for local, state and the federal government. The Foundation supports its conclusion by arguing that on average, legal workers earn 15% more than their illegal counterparts doing the same job and that by legalizing workers, they will be forced to pay taxes.
Immigration advocates are of the impression that immigration reform could happen as early as November 2009. This is great news for the 12 million people currently living in the United States without legal immigration status.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.
Help for Victims of Crimes: The U Visa
Lei Mei was born in Nanjing, China and came to the United States in 2004 on a tourist visa. Within a month of entering the United States, Lei Mei moved to Boston and began working at a garment factory in the area. She began to date Eduardo, a citizen of Mexico who illegally entered the United States by crossing the border in the Arizona desert. Lei Mei has been in the United States since 2004 and is currently in the United States illegally without a valid immigration visa.
Last month, Lei Mei and Eduardo were involved in a domestic dispute. By the time that the police arrived at Lei Mei’s apartment, Eduardo had broken Lei Mei’s nose and left her with bruises all over her body. Lei Mei pressed legal charges and Eduardo was convicted of domestic assault.
Lei Mei wants to stay in the United States permanently. She wants to know if there is any way for her to obtain a green card.
In 2000, the United States Congress invented a visa for victims of crimes. The U visa was implemented by Congress to allow non-U.S. Citizens who have been victims of crimes obtain legal immigrant status in the United States.
There are three requirements for a non-U.S. Citizen to obtain a U visa. First, they must have been a victim of a crime. Examples of crimes that have led to the issuance of U visas are domestic violence, rape, and extortion. Second, the petitioner must obtain documentation from a law enforcement agency that they have been a victim of a crime. Finally, the non-U.S. Citizen must show that they have cooperated with law enforcement. After the government approves a U visa petition, a non-U.S. Citizen can apply for a green card after three years.
In Lei Mei’s case, when she applies for a U visa, she will want to show that she was the victim of domestic violence, that she cooperated with the police by calling them when the incident initially happened, and that she pressed legal charges against Eduardo. Once Lei Mei’s U visa is approved, she will only have to wait three years before she can obtain a green card.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.
Last month, Lei Mei and Eduardo were involved in a domestic dispute. By the time that the police arrived at Lei Mei’s apartment, Eduardo had broken Lei Mei’s nose and left her with bruises all over her body. Lei Mei pressed legal charges and Eduardo was convicted of domestic assault.
Lei Mei wants to stay in the United States permanently. She wants to know if there is any way for her to obtain a green card.
In 2000, the United States Congress invented a visa for victims of crimes. The U visa was implemented by Congress to allow non-U.S. Citizens who have been victims of crimes obtain legal immigrant status in the United States.
There are three requirements for a non-U.S. Citizen to obtain a U visa. First, they must have been a victim of a crime. Examples of crimes that have led to the issuance of U visas are domestic violence, rape, and extortion. Second, the petitioner must obtain documentation from a law enforcement agency that they have been a victim of a crime. Finally, the non-U.S. Citizen must show that they have cooperated with law enforcement. After the government approves a U visa petition, a non-U.S. Citizen can apply for a green card after three years.
In Lei Mei’s case, when she applies for a U visa, she will want to show that she was the victim of domestic violence, that she cooperated with the police by calling them when the incident initially happened, and that she pressed legal charges against Eduardo. Once Lei Mei’s U visa is approved, she will only have to wait three years before she can obtain a green card.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.
Learning About the U.S. Immigration System: Withholding of Removal
Aba entered the United States in January 2007 after leaving her home country in Africa. Aba had a very stressful and tragic life in Africa. Her country has been at war for over a decade and many radical groups within the country have been trying to take over control of the country. Aba has witnessed government soldiers murder and torture members of her family and has been threatened that she will be killed in the future.
On February 6, 2008, Aba applied for asylum so that she would be safe by not having to return to such horrible conditions in her country. However, Aba’s asylum case was recently denied by an immigration judge. Despite all of the horrible events that Aba has witnessed, she cannot be granted asylum. Instead, the judge granted Aba Withholding of Removal.
Withholding of Removal is often granted to people who are not eligible to asylum because of a crime they committed in the United States or because they did not apply for asylum within one year of entering the United States. Under U.S. immigration law, with a few exceptions, people must apply for asylum within one year of entering the United States.
The positives of Withholding of Removal are that the U.S. government can never send the person back to the country where they were tortured or are afraid to return. Therefore, Aba can never be sent back to the horrible conditions in her country. Additionally, if Aba marries a United States lawful permanent resident or U.S. Citizen, they can petition for Aba to obtain a green card. Similarly, a U.S. employer can also help Aba obtain a green card.
However, there are several negatives of being granted Withholding of Removal. First, the government can try to arrange for a country other than the country that harmed that person to house them. Therefore, the U.S. can arrange for England to take Aba in and house her there. Second, if Aba ever leaves the United States, she will be unable to return. Therefore, if Aba has a parent living in Canada and her parent becomes ill, she cannot go visit her parent without risking that she will be unable to return to the United States. Finally, unlike an asylee or a green card holder, Aba cannot petition for her relatives to join her in the United States. Therefore, if she has a child living in Africa, unless that child also applied for asylum with her and was given Withholding of Removal, Aba cannot apply for her child to join her in the United States.
Clearly, Withholding of Removal has a great benefit as it protects a person from returning to a harmful situation. However, there are many negatives that must be understood when presented with Withholding of Removal.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC. Mr. Pabian can be reached at (617) 951-3100 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.
On February 6, 2008, Aba applied for asylum so that she would be safe by not having to return to such horrible conditions in her country. However, Aba’s asylum case was recently denied by an immigration judge. Despite all of the horrible events that Aba has witnessed, she cannot be granted asylum. Instead, the judge granted Aba Withholding of Removal.
Withholding of Removal is often granted to people who are not eligible to asylum because of a crime they committed in the United States or because they did not apply for asylum within one year of entering the United States. Under U.S. immigration law, with a few exceptions, people must apply for asylum within one year of entering the United States.
The positives of Withholding of Removal are that the U.S. government can never send the person back to the country where they were tortured or are afraid to return. Therefore, Aba can never be sent back to the horrible conditions in her country. Additionally, if Aba marries a United States lawful permanent resident or U.S. Citizen, they can petition for Aba to obtain a green card. Similarly, a U.S. employer can also help Aba obtain a green card.
However, there are several negatives of being granted Withholding of Removal. First, the government can try to arrange for a country other than the country that harmed that person to house them. Therefore, the U.S. can arrange for England to take Aba in and house her there. Second, if Aba ever leaves the United States, she will be unable to return. Therefore, if Aba has a parent living in Canada and her parent becomes ill, she cannot go visit her parent without risking that she will be unable to return to the United States. Finally, unlike an asylee or a green card holder, Aba cannot petition for her relatives to join her in the United States. Therefore, if she has a child living in Africa, unless that child also applied for asylum with her and was given Withholding of Removal, Aba cannot apply for her child to join her in the United States.
Clearly, Withholding of Removal has a great benefit as it protects a person from returning to a harmful situation. However, there are many negatives that must be understood when presented with Withholding of Removal.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC. Mr. Pabian can be reached at (617) 951-3100 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.
Learning about the U.S. Immigration System: The L Visa
Lei Mei is a citizen of China who has been working at a technology company in China for four years. She is a manager at the company, overseeing three employees on various projects. Her company has offices in Beijing, Hong Kong, London, and Boston. Her company recently decided to transfer Lei Mei to the Boston office to start a new department within the company. Lei Mei needs to be in Boston within a month and wants to know if her husband will be able to work in the United States.
Lei Mei’s company should consider applying for an L visa. L visas are available to executives, managers, and those who have specialized knowledge of a company. To be eligible for an L visa, the company must have been in existence for at least three years and the U.S. office of the company must have been open for at least a year. Therefore, for businesspeople who are interested in immigrating to the United States through a new company, the L visa is not the right visa option for them. Additionally, the transferring employee, who in this case is Lei Mei, must have worked for the company for at least a year prior to the transfer.
For those companies and employees that qualify, the L visa is a great option. Unlike an H-1B application, there is no requirement that a company try to find a U.S. citizen who is qualified and willing to take the job. For those companies that have applied for H-1Bs in the past, they understand how expensive the recruitment process can be. With the L visa, this process can be completely avoided. Additionally, there is an option for premium processing with the L visa. Premium processing allows a company, for an additional fee, to have their visa application expedited. In this case, that would greatly enhance the chances of Lei Mei being able to start working at the Boston office within the month.
Finally, the L visa allows spouses and children of the visa holder to work while in the United States. Not only can the spouses and children work, but there is no limit on the type of work that they are allowed to do and no work authorization application is required. This is a rarity among U.S. visas.
Lei Mei and her husband will soon be able to come to the United States with an L visa. Her company will appreciate the ease of transferring her to the United States and her husband will enjoy the ability to work as he joins his wife in Boston.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.
Lei Mei’s company should consider applying for an L visa. L visas are available to executives, managers, and those who have specialized knowledge of a company. To be eligible for an L visa, the company must have been in existence for at least three years and the U.S. office of the company must have been open for at least a year. Therefore, for businesspeople who are interested in immigrating to the United States through a new company, the L visa is not the right visa option for them. Additionally, the transferring employee, who in this case is Lei Mei, must have worked for the company for at least a year prior to the transfer.
For those companies and employees that qualify, the L visa is a great option. Unlike an H-1B application, there is no requirement that a company try to find a U.S. citizen who is qualified and willing to take the job. For those companies that have applied for H-1Bs in the past, they understand how expensive the recruitment process can be. With the L visa, this process can be completely avoided. Additionally, there is an option for premium processing with the L visa. Premium processing allows a company, for an additional fee, to have their visa application expedited. In this case, that would greatly enhance the chances of Lei Mei being able to start working at the Boston office within the month.
Finally, the L visa allows spouses and children of the visa holder to work while in the United States. Not only can the spouses and children work, but there is no limit on the type of work that they are allowed to do and no work authorization application is required. This is a rarity among U.S. visas.
Lei Mei and her husband will soon be able to come to the United States with an L visa. Her company will appreciate the ease of transferring her to the United States and her husband will enjoy the ability to work as he joins his wife in Boston.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.
Tuesday, March 17, 2009
Learning About the U.S. Immigration System: Conditional Permanent Residence
Tim and Lei Mei were married on January 1, 2008 at a beautiful New Year’s Eve service in Beijing, China. Tim and Lei Mei had been dating for three years and were extremely excited to be getting married. After their marriage, Tim and Lei Mei moved to Boston, Massachusetts and Tim petitioned for Lei Mei to become a Legal Permanent Resident, otherwise known as a Green Card holder. On March 15, 2009, Lei Mei’s Green Card was approved. However, Lei Mei is confused because her Green Card describes her as a Conditional Permanent Resident.
If you are a person that immigrated to the United States through a marriage that was less than 2 years old when you received your green card, then you received your green card on a conditional basis. In other words, you are known as a conditional permanent resident. This conditional status lasts for 2 years after your green card was granted. After those two years, you can request that the government change your immigration status from a Conditional Permanent Resident to a Lawful Permanent Resident.
But what happens if Lei Mei and Tim divorce before the end of those 2 years while Lei Mei is still in the United States as a conditional permanent resident? Will Lei Mei lose her green card?
Usually, the United States Citizenship & Immigration Service (USCIS) requires that a spouse granted conditional permanent residence file to remove the conditional residence jointly with his or her spouse. However, there is an exception for a person that has been divorced before filing to remove his or her conditional residence.
If you are a conditional permanent resident and you are divorced, then you may file an I-751 petition without the help of your ex-spouse to remove your conditional residence if you can show that you entered into your marriage in good faith and that the marriage has legally been terminated. Therefore, if you can show that you and your former spouse had a real marriage and that you have obtained a legal divorce, then you can file an I-751 petition by yourself. Similarly, children of divorced parents can also file an I-751 petition by themselves if they can show that their parents entered into a good faith marriage and that they were legally divorced.
To show that you entered into a good faith marriage, you should submit as many documents as possible with the I-751 petition to show that you had a real marriage. Documents such as joint bank account statements, a lease or mortgage with both your name and your ex-spouse’s name on it, and birth certificates of any children than you had together are helpful in showing a valid marriage.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is proficient in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.
If you are a person that immigrated to the United States through a marriage that was less than 2 years old when you received your green card, then you received your green card on a conditional basis. In other words, you are known as a conditional permanent resident. This conditional status lasts for 2 years after your green card was granted. After those two years, you can request that the government change your immigration status from a Conditional Permanent Resident to a Lawful Permanent Resident.
But what happens if Lei Mei and Tim divorce before the end of those 2 years while Lei Mei is still in the United States as a conditional permanent resident? Will Lei Mei lose her green card?
Usually, the United States Citizenship & Immigration Service (USCIS) requires that a spouse granted conditional permanent residence file to remove the conditional residence jointly with his or her spouse. However, there is an exception for a person that has been divorced before filing to remove his or her conditional residence.
If you are a conditional permanent resident and you are divorced, then you may file an I-751 petition without the help of your ex-spouse to remove your conditional residence if you can show that you entered into your marriage in good faith and that the marriage has legally been terminated. Therefore, if you can show that you and your former spouse had a real marriage and that you have obtained a legal divorce, then you can file an I-751 petition by yourself. Similarly, children of divorced parents can also file an I-751 petition by themselves if they can show that their parents entered into a good faith marriage and that they were legally divorced.
To show that you entered into a good faith marriage, you should submit as many documents as possible with the I-751 petition to show that you had a real marriage. Documents such as joint bank account statements, a lease or mortgage with both your name and your ex-spouse’s name on it, and birth certificates of any children than you had together are helpful in showing a valid marriage.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is proficient in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.
Monday, January 26, 2009
Learning About the U.S. Immigration System: The EB-1 Visa
Lei Mei is a professor at a Boston area university. She is a citizen of China and came to the United States after a successful career as a scientist in China, where her research helped discover a new drug that helps ease the pain of arthritis. Lei Mei entered the United States with a temporary H-1B visa. Her visa will expire in 2010 and she is trying to think of ways that she can make the United States her permanent home.
Juan is currently living in Worcester, Massachusetts. He is a citizen of Mexico and came to the United States after a lucrative career as a famous sculptor in Mexico. Juan works for an art museum in Worcester, but is not happy with his job and is thinking of looking for new employment.
Marco is a teacher in Brazil. He has been approached by a Massachusetts town interested in hiring him. Marco has helped school systems around South America make drastic changes that have helped increase graduation rates dramatically. Marco has family that already immigrated to the United States and is interested in living in the United States permanently.
Amélia owns a large company in Cape Verde. Her company was on the brink of bankruptcy before she was hired. Amélia has successfully made the company into one of the world’s most successful companies in its field. She is interested in opening an office in Boston and would like to move to Boston to oversee the company’s operations.
Liu is a soccer coach from Taiwan. She coached many Taiwanese teams to league championships, but never coached any teams internationally. Liu has been approached by an American university interested in hiring her to coach its women’s soccer team. Liu is considering moving to the United States permanently.
Lei Mei, Juan, Marco, Amélia, and Liu may seem like they do not have much in common other than that they are non-U.S. Citizens. However, they are all similar in that they all may be eligible to obtain their U.S. Lawful Permanent Residency, otherwise known as a green card, through the EB-1 visa.
The EB-1 visa is reserved only for those people who are able to demonstrate an extraordinary ability in the sciences, the arts, education, business, or athletics. People wanting to apply for an EB-1 visa must prove that they are at the very top of their field or endeavor. They also must prove that they have achieved national or international recognition.
The EB-1 visa is somewhat unique in that it lets a person self-petition. Therefore, Juan, who no longer wants to work at the art museum in Worcester, does not need the museum to help him with his immigration case and can instead petition for himself. Similarly, Amélia can self-petition as she works to open her company’s Boston office. By allowing people to self-petition, the EB-1 visa helps to ease the applicant’s stress in finding an employer to petition for them and also helps reduce costs, as it allows applicants to bypass the costly labor certification process that are required for other employment-based visas.
There are some drawbacks to applying for an EB-1 visa. First, applicants are required to submit a lot of documents showing that they have extraordinary ability because it is held to a very high standard. Second, the U.S. government prefers to give EB-1 visas to people who came to the U.S. on the O visa, which is a temporary visa for persons with extraordinary ability. However, a person is not required to have an O visa to apply for an EB-1 visa. Third, there are strict requirements for the type of proof that an applicant must submit to prove extraordinary ability. Hiring an immigration lawyer helps significantly with all of these potential problems for an EB-1 applicant and greatly increases an applicant’s chances for success.
Lei Mei, Juan, Marco, Amélia, and Liu can greatly benefit from the EB-1 visa. If they can prove that they possess extraordinary ability, these non-U.S. Citizens will soon find themselves as permanent residents of the United States.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC. Mr. Pabian can be reached at (617) 951-3100 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.
Juan is currently living in Worcester, Massachusetts. He is a citizen of Mexico and came to the United States after a lucrative career as a famous sculptor in Mexico. Juan works for an art museum in Worcester, but is not happy with his job and is thinking of looking for new employment.
Marco is a teacher in Brazil. He has been approached by a Massachusetts town interested in hiring him. Marco has helped school systems around South America make drastic changes that have helped increase graduation rates dramatically. Marco has family that already immigrated to the United States and is interested in living in the United States permanently.
Amélia owns a large company in Cape Verde. Her company was on the brink of bankruptcy before she was hired. Amélia has successfully made the company into one of the world’s most successful companies in its field. She is interested in opening an office in Boston and would like to move to Boston to oversee the company’s operations.
Liu is a soccer coach from Taiwan. She coached many Taiwanese teams to league championships, but never coached any teams internationally. Liu has been approached by an American university interested in hiring her to coach its women’s soccer team. Liu is considering moving to the United States permanently.
Lei Mei, Juan, Marco, Amélia, and Liu may seem like they do not have much in common other than that they are non-U.S. Citizens. However, they are all similar in that they all may be eligible to obtain their U.S. Lawful Permanent Residency, otherwise known as a green card, through the EB-1 visa.
The EB-1 visa is reserved only for those people who are able to demonstrate an extraordinary ability in the sciences, the arts, education, business, or athletics. People wanting to apply for an EB-1 visa must prove that they are at the very top of their field or endeavor. They also must prove that they have achieved national or international recognition.
The EB-1 visa is somewhat unique in that it lets a person self-petition. Therefore, Juan, who no longer wants to work at the art museum in Worcester, does not need the museum to help him with his immigration case and can instead petition for himself. Similarly, Amélia can self-petition as she works to open her company’s Boston office. By allowing people to self-petition, the EB-1 visa helps to ease the applicant’s stress in finding an employer to petition for them and also helps reduce costs, as it allows applicants to bypass the costly labor certification process that are required for other employment-based visas.
There are some drawbacks to applying for an EB-1 visa. First, applicants are required to submit a lot of documents showing that they have extraordinary ability because it is held to a very high standard. Second, the U.S. government prefers to give EB-1 visas to people who came to the U.S. on the O visa, which is a temporary visa for persons with extraordinary ability. However, a person is not required to have an O visa to apply for an EB-1 visa. Third, there are strict requirements for the type of proof that an applicant must submit to prove extraordinary ability. Hiring an immigration lawyer helps significantly with all of these potential problems for an EB-1 applicant and greatly increases an applicant’s chances for success.
Lei Mei, Juan, Marco, Amélia, and Liu can greatly benefit from the EB-1 visa. If they can prove that they possess extraordinary ability, these non-U.S. Citizens will soon find themselves as permanent residents of the United States.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC. Mr. Pabian can be reached at (617) 951-3100 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.
Friday, January 9, 2009
The Possibility of Immigration Reform under President-Elect Obama
Since Barack Obama’s November 5th victory in the presidential election, immigration advocates are optimistic that comprehensive immigration reform will take place under President-Elect Barack Obama. But how optimistic should these advocates be that comprehensive immigration reform will actually happen in the near future?
For a United States president, Obama has a unique perspective on immigration as his father is from Kenya. He is only the fourth known U.S. president ever to have a foreign parent. During his presidential campaign, Obama often hinted that comprehensive immigration reform was on his priority list when he took office. During an appearance on Univision Spanish-language TV network in September 2008, Obama was asked whether he supported stopping immigration raids. Obama responded by calling the raids a “publicity stunt” and added, “They are a tactic to push people away from focusing on the failures of the immigration system as a whole.”
However, Obama may not want to be seen prioritizing immigration with other pressing issues on his To Do List. According to Joel Millman and June Kronholz of the Wall Street Journal, the new administration’s preoccupation with the economic crisis will likely delay sweeping changes to immigration law. According to Millman and Kronholz, “Obama will be focused on the economy and tax policy and isn’t likely to expend political capital on such a divisive issue.”
If Obama is unable to tackle comprehensive immigration reform early in his presidency, he may take a “piecemeal” approach to fixing the immigration system by tackling areas of the law that are particularly troublesome. According to Marcelo Balive of New America Media, areas that need to be immediately addressed include the backlog of visa and citizenship applications, the overwhelmed immigration courts, an inadequate prison system for immigrant detainees, and the Bush administration decision to begin mailing notices to employers of workers with suspect Social Security numbers. Furthermore, based on Obama’s September 2008 remarks, it appears that the stopping of immigration raids may be a top priority for him as president.
The question remains, however, whether comprehensive immigration reform is on the horizon as President-Elect Obama prepares to take office.
“What the election showed is that the conventional wisdom on why immigration reform is too hot to handle is wrong,” said Frank Sharry of America’s Voice, a pro-immigration lobbying group. In fact, according to Sharry, Democrats need to push for an immigration overhaul to satisfy the now crucial Latino voting constituency for Obama’s reelection bid in 2012.
According to Clarissa Martinez, Senior Director of Immigration and National Campaigns for the National Council of La Raza, over the last three years in particular, immigration has been the “driving push factor” influencing the Latino vote. Statistics support Ms. Martinez’s argument. Election results indicate that a candidate’s stance on immigration reform played a pivotal role in who gained the majority vote in certain battleground congressional races and Obama greatly benefited by strong support from the Latino and immigrant communities.
President-Elect Obama has a “historic opportunity to carry out immigration reform, because he received widespread citizen support from voters, and he will have a majority in Congress and House of Representatives that can help him make the changes needed to help undocumented immigrants who work in the United States,” said José Eduardo Borunda, political science professor at the Autonomous University of Chihuahua in Juarez, Mexico. However, according to Frank Sharry, “he is going to have people in one ear who say, ‘Wait wait, it’s too controversial,’ and in the other, people will be saying, ‘But this is why you got elected.’”
Those supporting comprehensive immigration reform hope that their voice is the one that President-Elect Obama chooses to follow early in his presidency.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC. Mr. Pabian can be reached at (617) 951-3100 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.
For a United States president, Obama has a unique perspective on immigration as his father is from Kenya. He is only the fourth known U.S. president ever to have a foreign parent. During his presidential campaign, Obama often hinted that comprehensive immigration reform was on his priority list when he took office. During an appearance on Univision Spanish-language TV network in September 2008, Obama was asked whether he supported stopping immigration raids. Obama responded by calling the raids a “publicity stunt” and added, “They are a tactic to push people away from focusing on the failures of the immigration system as a whole.”
However, Obama may not want to be seen prioritizing immigration with other pressing issues on his To Do List. According to Joel Millman and June Kronholz of the Wall Street Journal, the new administration’s preoccupation with the economic crisis will likely delay sweeping changes to immigration law. According to Millman and Kronholz, “Obama will be focused on the economy and tax policy and isn’t likely to expend political capital on such a divisive issue.”
If Obama is unable to tackle comprehensive immigration reform early in his presidency, he may take a “piecemeal” approach to fixing the immigration system by tackling areas of the law that are particularly troublesome. According to Marcelo Balive of New America Media, areas that need to be immediately addressed include the backlog of visa and citizenship applications, the overwhelmed immigration courts, an inadequate prison system for immigrant detainees, and the Bush administration decision to begin mailing notices to employers of workers with suspect Social Security numbers. Furthermore, based on Obama’s September 2008 remarks, it appears that the stopping of immigration raids may be a top priority for him as president.
The question remains, however, whether comprehensive immigration reform is on the horizon as President-Elect Obama prepares to take office.
“What the election showed is that the conventional wisdom on why immigration reform is too hot to handle is wrong,” said Frank Sharry of America’s Voice, a pro-immigration lobbying group. In fact, according to Sharry, Democrats need to push for an immigration overhaul to satisfy the now crucial Latino voting constituency for Obama’s reelection bid in 2012.
According to Clarissa Martinez, Senior Director of Immigration and National Campaigns for the National Council of La Raza, over the last three years in particular, immigration has been the “driving push factor” influencing the Latino vote. Statistics support Ms. Martinez’s argument. Election results indicate that a candidate’s stance on immigration reform played a pivotal role in who gained the majority vote in certain battleground congressional races and Obama greatly benefited by strong support from the Latino and immigrant communities.
President-Elect Obama has a “historic opportunity to carry out immigration reform, because he received widespread citizen support from voters, and he will have a majority in Congress and House of Representatives that can help him make the changes needed to help undocumented immigrants who work in the United States,” said José Eduardo Borunda, political science professor at the Autonomous University of Chihuahua in Juarez, Mexico. However, according to Frank Sharry, “he is going to have people in one ear who say, ‘Wait wait, it’s too controversial,’ and in the other, people will be saying, ‘But this is why you got elected.’”
Those supporting comprehensive immigration reform hope that their voice is the one that President-Elect Obama chooses to follow early in his presidency.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC. Mr. Pabian can be reached at (617) 951-3100 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.
Learning About the U.S. Immigration System: The K Visa
Tim and Lei Mei were married on December 31, 2008 at a beautiful New Year’s Eve service in Beijing, China. Tim and Lei Mei had been dating for three years and were extremely excited to be getting married. Lei Mei has two young children from a previous marriage. Tim has become extremely close with Lei Mei’s children and has begun to think of them as his own. Tim and Lei Mei want to live in Boston, Massachusetts where Tim has a stable job.
Even though Tim and Lei Mei were just married, they are very worried that they will not be able to live together in the coming months or possibly, even years. That is because Tim is a U.S. Citizen, but Lei Mei is a citizen of China.
Examples like Tim and Lei Mei’s situation are common for families where the husband and wife are citizens of different countries. For a couple that wants to live in the United States, the newly married couple is faced with the prospect of living apart while the husband or wife who is a U.S. Citizen applies for their spouse to become a Legal Permanent Resident of the U.S. This process can take months or even years. To help alleviate some of this stress, the U.S. government implemented the K visa.
If you are a U.S. Citizen, the K visa is a valuable tool in helping you and your spouse remain together throughout the immigration process. The K visa is available in two situations. First, the K visa is an option for a husband or wife of a U.S. Citizen if the couple was married in a location outside of the United States. Second, a K visa can be used for a fiancé of a U.S. Citizen to travel to the United States and be married in the U.S.
In addition to allowing a family to live together in the United States, the K visa has some other benefits that might make it attractive to a U.S. Citizen who married a man or woman from another country. First, the U.S. Citizen’s spouse or fiancé’s children are also able to come to the U.S. with their parent on a K visa. Therefore, in Tim and Lei Mei’s example, Lei Mei’s children are able to travel with her to the U.S. to live with her and Tim. Second, a person with a K visa is allowed to work in the United States. Therefore, the U.S. Citizen’s spouse or fiancé is able to work in the U.S. during the time that their green card application is being reviewed by the U.S. government.
While there are positive aspects of the K visa, it is also important to know about the negatives. First, the K visa application is costly. However, the K visa is unlike many other U.S. visas in that it allows the person holding the visa to work and earn money as soon as he or she enters the United States. Second, if a non-U.S. Citizen uses a K visa as a fiancé, intending to come to the U.S. to marry a U.S. Citizen, they only have 90 days from the time that the he or she enters the U.S. to be married. Therefore, be careful to plan ahead to be sure that you and your loved one meet this deadline. Third, the children of the non-U.S. Citizen must be under 21 and unmarried to be able to travel with their parent on a K visa. If they are married or over 21, other types of visas must be considered. Finally, a K visa is only available for the fiancé or spouse of a U.S. Citizen. Therefore, if you are a Lawful Permanent Resident, you must first become a U.S. Citizen before you can use a K visa for a loved one.
The K visa is something that every U.S. Citizen should consider when they marry a non-U.S. Citizen living outside of the United States. It allows families to be united in the U.S. and to live together throughout the lengthy immigration process.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC. Mr. Pabian can be reached at (617) 951-3100 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.
Even though Tim and Lei Mei were just married, they are very worried that they will not be able to live together in the coming months or possibly, even years. That is because Tim is a U.S. Citizen, but Lei Mei is a citizen of China.
Examples like Tim and Lei Mei’s situation are common for families where the husband and wife are citizens of different countries. For a couple that wants to live in the United States, the newly married couple is faced with the prospect of living apart while the husband or wife who is a U.S. Citizen applies for their spouse to become a Legal Permanent Resident of the U.S. This process can take months or even years. To help alleviate some of this stress, the U.S. government implemented the K visa.
If you are a U.S. Citizen, the K visa is a valuable tool in helping you and your spouse remain together throughout the immigration process. The K visa is available in two situations. First, the K visa is an option for a husband or wife of a U.S. Citizen if the couple was married in a location outside of the United States. Second, a K visa can be used for a fiancé of a U.S. Citizen to travel to the United States and be married in the U.S.
In addition to allowing a family to live together in the United States, the K visa has some other benefits that might make it attractive to a U.S. Citizen who married a man or woman from another country. First, the U.S. Citizen’s spouse or fiancé’s children are also able to come to the U.S. with their parent on a K visa. Therefore, in Tim and Lei Mei’s example, Lei Mei’s children are able to travel with her to the U.S. to live with her and Tim. Second, a person with a K visa is allowed to work in the United States. Therefore, the U.S. Citizen’s spouse or fiancé is able to work in the U.S. during the time that their green card application is being reviewed by the U.S. government.
While there are positive aspects of the K visa, it is also important to know about the negatives. First, the K visa application is costly. However, the K visa is unlike many other U.S. visas in that it allows the person holding the visa to work and earn money as soon as he or she enters the United States. Second, if a non-U.S. Citizen uses a K visa as a fiancé, intending to come to the U.S. to marry a U.S. Citizen, they only have 90 days from the time that the he or she enters the U.S. to be married. Therefore, be careful to plan ahead to be sure that you and your loved one meet this deadline. Third, the children of the non-U.S. Citizen must be under 21 and unmarried to be able to travel with their parent on a K visa. If they are married or over 21, other types of visas must be considered. Finally, a K visa is only available for the fiancé or spouse of a U.S. Citizen. Therefore, if you are a Lawful Permanent Resident, you must first become a U.S. Citizen before you can use a K visa for a loved one.
The K visa is something that every U.S. Citizen should consider when they marry a non-U.S. Citizen living outside of the United States. It allows families to be united in the U.S. and to live together throughout the lengthy immigration process.
Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC. Mr. Pabian can be reached at (617) 951-3100 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.
Subscribe to:
Posts (Atom)
