I-129 and I-140 Premium Processing Fee Increase Takes Effect
USCIS announced an increase in the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, beginning on 10/1/18. The premium processing fee will increase to $1,410, a 14.92 percent increase. The fee was last increased in 2010.
Official USCIS Guidance on Maintaining Lawful Permanent Resident (Green Card) Status
Once you become a lawful permanent resident (green card holder), you maintain permanent resident status until you:
Conditional Permanent Resident StatusSection 216 of the Immigration and Nationality Act (INA) provides for you to become a lawful permanent resident on a conditional basis, based on marriage.
Section 216A provides for you to become a lawful permanent resident on a conditional basis, based on a qualifying investment.
Both sections allow USCIS to terminate your conditional status as provided by the law (in the event of fraud, for example).
You may be able to seek review of the termination of your status in a removal proceeding before an immigration judge.
Removal ProceedingsYou will lose your permanent resident status if an immigration judge issues a final removal order against you.
INA sections 212 and 237 describe the grounds on which you may be ordered removed from the United States.
Abandoning Permanent Resident StatusYou may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:
USCIS Policy Guidance Amendment on Special Naturalization Provisions for Children.
This guidance is effective as of September 26th 2018 and is controlling. This guidance supercedes any prior guidance.
In general, the spouse of a U.S. citizen who resides in the United States may be eligible for naturalization based on the marriage under section 319(a) of the Immigration and Nationality Act (INA). Children who have not already acquired U.S. citizenship through a parent may be eligible to naturalize under special provisions within INA 319. Qualified persons include children who obtained lawful permanent resident (LPR) status based on having been battered or subjected to extreme cruelty. In addition, surviving children of deceased U.S. armed forces members who died during a period of honorable service may also qualify. This updated Policy Manual guidance is controlling and supersedes any prior guidance.
The US Embassy in London has given the following concise overview of E1 and E2 type visas.
"Treaty Trader visas (E-1) and Treaty Investor visas (E-2) are nonimmigrant visas for citizens of countries which the United States maintains a treaty of commerce and navigation (9 FAM 402.9-10). The applicant must be coming to the United States to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the applicant has invested or is in the process of investing a substantial amount of capital (E-2).
The Treaty Trader and Treaty Investor visas were established to facilitate and enhance economic interaction between the United States and other treaty countries. They were not intended to serve as a means for foreigners to retire or merely reside in the United States. U.S. law (see paragraph 101(a)(15)(E) of the Immigration and Nationality Act) explicitly states that E-1 visa holders must enter “solely to carry on substantial trade” and E-2 holders “solely to develop and direct the operations of an enterprise” in which he or she has invested. Moreover, these visas are nonimmigrant visas and thus temporary. Treaty trader/investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations. Persons wishing to remain indefinitely in the United States should apply for the appropriate immigrant visa." -US Embassy London
We are pleased to announce Khurram Karim of Karim Law LLC has been invited to speak at the American Immigration Lawyers Association Conference in Madrid, Feb 22-23 2018. He will be presenting on Lawyer Regulation and Professional Responsibility.
Please contact our Manchester UK office for further details on (+44) 161 828 4242
or electronically through our contact us page on this web site.
We are excited to announce the opening of our new office on King Street in the heart of Manchester England. We look forward to assisting you with your immigration needs. Please visit karimlaw.com for more information.
We are excited to announce Kelsi Karim has been selected to the 2017 Southwest Rising Stars list, an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Southwest receive this distinction. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations.
The immigration laws could change drastically in the very near future. If you are eligible for permanent residency (green card) or citizenship we advise you to act quickly and take advantage of this benefit. Call our office to schedule a consult with a licensed immigration attorney and proceed with your application.
If you are unsure whether you are entitled to citizenship or permanent residence please call our office to schedule a consult with a licensed immigration attorney to evaluate your situation and explore your options.
Fees will increase for the first time in six years, by a weighted average of 21 percent for most immigration applications and petitions. The increased USCIS fees will take effect December 23, 2016.
How Trump, Clinton immigration plans would affect the US
Republican presidential nominee Donald Trump and Democratic presidential nominee Hillary Clinton speak during the second presidential debate at Washington University in St. Louis, Sunday, Oct. 9, 2016. John Locher AP Photo
By STEVE PEOPLES Associated Press
No doubt the two presidential candidates have dramatically different approaches on immigration.
In tone, Republican Donald Trump often highlights violent crimes perpetrated by immigrants in the country illegally, with aggressive rhetoric that emphasizes nationalism. Democrat Hillary Clinton features a softer approach that embraces diversity and the value of keeping immigrant families together, even as her critics accuse her of promoting "open borders."
It's not just talk. The White House contenders' policies would send the country — and the lives of roughly 11 million people — down very different paths.
Trump says he would build a massive wall, target millions for deportation and deny legal status to anyone currently in the country illegally. Clinton would offer a pathway to citizenship for most immigrants regardless of how they arrived, continue to defer enforcement action against families, and offer health care options to immigrants here illegally.
Here is a summary of their proposals:
PATHWAY TO CITIZENSHIP
CLINTON: She promises to propose immigration legislation in her first 100 days that would include a route to citizenship. Her approach is largely in line with that approved by Democrats and Republicans in the Senate in 2013 but turned aside by the House.
TRUMP: He has clarified that he opposes any pathway to legal status for immigrants in the U.S. illegally. They would have to return to their home countries and apply for legal entry should they wish to come back. He has not said what would happen to those who choose to stay, but said they are subject to deportation. Trump has also called for an end to "birthright citizenship," currently granted to anyone born in the United States.
A BORDER WALL
TRUMP: A centerpiece of Trump's immigration plan is a wall along the border between the United States and Mexico. There are already some 650 miles of fencing along the border, including roughly 15-foot-tall steel fencing in many urban areas. Trump says he'll extend a huge wall across the vast majority of the 2,100-mile border, which would be a major construction feat costing billions of dollars. He promises to make Mexico pay for it. He would also add 5,000 border patrol agents and expand the number of border patrol stations.
CLINTON: She says there are places where a physical barrier is appropriate but opposes large-scale expansion of a border wall. She prefers relying on technology and more border patrol agents to ensure the border is secure.
BARACK OBAMA'S EXECUTIVE ORDERS
CLINTON: She supports President Obama's executive actions that deferred immigration enforcement against millions of children and parents in the country illegally. A deadlocked Supreme Court decision in June blocked his order, but Clinton insists that such actions are within the president's authority.
TRUMP: He has said he would "immediately terminate" the executive orders, which he said gave amnesty to 5 million immigrants. One part of the president's executive action that remains in place has shielded about 740,000 immigrations from deportation, all of them people who came to the United States as children. The president's plan to expand the program would have protected as many as 4 million immigrant parents of U.S. citizens or legal permanent residents.
TRUMP: He has softened his approach on dealing with those already in the country illegally. He has pledged to begin deportation of criminal immigrants on his first day in office, but backed off his earlier pledge to forcibly remove all of the estimated 11 million immigrants in the country illegally, saying only that those who aren't immediate threats would have to go home and then apply for legal status. Critics have likened that piece of the plan to Mitt Romney's widely panned call for "self-deportation."
CLINTON: She would continue Obama's policy of deporting violent criminals and others who break the law after entering the United States. But she would scale back the current administration's immigration raids, which she says produce "unnecessary fear and disruption in communities." Under her plan, the vast majority of people in the country illegally would be allowed to stay and apply for legal status and eventual citizenship.
CLINTON: She would allow all people to buy into the federal health care exchanges, although she has said those in the country illegally wouldn't qualify for subsidies. Her policy would also allow some to collect Social Security, so long as they pay into the system for at least 10 years.
TRUMP: He would deny immigrants in the country illegally access to any government benefits, including the federal health care exchanges. He has said that such immigrants should not be allowed to get food stamps, welfare payments or government-backed housing assistance. Those who do, he said, would be priorities for deportation.
TRUMP: Like many Republicans, he vows to crack down on so-called sanctuary cities that shield residents from federal immigration authorities. Trump has pledged to block taxpayer dollars from going to any cities that refuse to cooperate with federal immigration authorities. Municipalities like San Francisco, for example, have passed ordinances preventing city officials from asking about immigration status unless required by law or court order.
CLINTON: She has not directly answered whether she supports sanctuary cities, but her campaign has said that "Hillary trusts our local police to make sound decisions about protecting their communities." That suggests she would not interfere with local ordinances, like San Francisco's. She has said such systems allow immigrants to freely report crimes and communicate with local policy without fear of deportation. Her campaign noted, however, that she believes violent criminals should be deported and a system is needed to ensure that happens.
Associated Press writer Catherine Lucey in Des Moines, Iowa, contributed to this report.
Follow Steve Peoples on Twitter at: http://twitter.com/sppeoples
EDITOR'S NOTE - One in an AP series examining the policy prescriptions offered by the major candidates for president.
Please watch this great video published by the U.S. Embassy warning people of potential scams. Please be careful and don't fall victim.
Scams can include lotteries, on-line dating services, inheritance notices, work permits/job offers, bank overpayments, or even make it appear that you are helping a friend in trouble.
If you believe you are the victim of an Immigration Internet scam:
The Department of State will begin accepting applications for the 2018 diversity immigrant visa program on October 4, 2016 until November 7, 2016. There will be 50,000 diversity visas available to citizens of certain countries and there is no fee to apply. The Department of State will conduct a lottery to select applicants for the 50,000 visas. Please contact our office to schedule a consult to see if you are eligible to apply for the program. You will not want to wait until the last week to registrar due to heavy demand that can cause website delays.
Karim Law LLC
480 626 0641
We are pleased to announce Karim Law has received the Expertise award for best Immigration Lawyers in Phoenix. Only the top 20 immigration law firms out of 295 were selected from the Phoenix Metro area.
We are excited to announce our new office location. We look forward to assisting you with your immigration needs.
5635 North Scottsdale Road, Suite 170
Scottsdale, Arizona 85250
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This web site is designed for general information only, and nothing on this site, including the testimonials, should be construed as formal legal advice, or the formation of a lawyer/client relationship, or a guarantee, warranty, or prediction about future results.
The Karim Law Immigration Blog
Here you will find all your United States immigration-related opinions by the Karim Law team, articles/news from other sources, and information relevant to the most pressing topics in the field of immigration law.