Category Archives: The Legal Immigrant – Immigration Blog

What to expect at your marriage-based green card interview

Posted on December 24, 2014 | Comments Off on What to expect at your marriage-based green card interview

Before USCIS approves a marriage-based green card application, it will normally interview the couple to determine whether their marriage is real or fake.

Marrying a U.S. citizen doesn’t automatically lead to a green card for the foreign national spouse. The U.S. citizen must prove that the marriage is bona fide (i.e. entered into with the intent of establishing a married life together), and is not a sham (i.e. entered into just to gain immigration benefits). The green card applicant also needs to be admissible to the U.S. or otherwise qualify for a waiver of inadmissibility.

To start the process, the U.S. citizen first files a Form I-130 immigrant petition for the spouse. If the couple is not yet married, the U.S. citizen may file a Form I-129F petition to bring a fiancé(e) to the U.S. on a K-1 visa.

A spouse who is already in the U.S. and qualifies for adjustment to permanent residence may file the Form I-485 (green card) application at the same time the I-130 is filed. This is known as concurrent filing or “one-step adjustment of status.” A fiancé(e) who enters the U.S. on a K-1 visa must marry the U.S. citizen within 90 days of arrival and then file for adjustment.

After filing a marriage-based green card application, the petitioner and foreign national will receive an interview notice to appear at the local USCIS field office at a scheduled date and time. The notice is normally issued two to eight weeks prior to the interview. USCIS may waive an I-485 interview for K-1 entrants, but the documentation must be strong enough to get an approval without an interview.

USCIS will approve the I-130 only after it determines that they truly share a married life together.  In addition to providing documentation of a shared married life (e.g., joint mortgage, joint bills, joint tax returns, birth certificates of children, family photographs), the couple must also give credible testimony confirming their marriage is bona fide.

USCIS will also verify whether the I-485 applicant has any criminal history, immigration fraud or misrepresentation, public charge or other inadmissibility issues that prevent adjustment.

Knowing what to expect at the USCIS interview is crucial to obtaining an I-130 and I-485 approval and avoiding further investigation, delays in the case, or a denial notice.

What are the basic steps to follow at a marriage-based immigration interview? 

1) You arrive at the USCIS building and present your interview notice to the security guard. Before you can proceed to the waiting room, you go through a metal detector and your personal belongings go through screening. Each USCIS field office has its own protocol, but cameras (including cell phones with cameras) and recording devices are normally prohibited.

(NOTE: Arrive at least 15 minutes early, but no more than 45 minutes in advance of the appointment. If you arrive too early, you may be turned away and asked to come back closer to your appointment time.)

2) You proceed to the waiting area and hand in your interview notice at the window. You then wait for your name to be called by the USCIS adjudications officer assigned to review your case. Although the interview usually starts on time, be prepared to wait for a more extended period.

3) The USCIS officer will normally bring both of you to his or her desk to be interviewed together (instead of question you separately).

4) You will be asked to remain standing while you take oaths to tell the truth. You will need to verify your identity by presenting your driver’s license or other form of ID.

5) The officer will typically review your marriage certificate, divorce decrees (if you had any prior marriages), and passport. Bring the originals with you in case the officer wants to see them.

6)  The officer will go through the application forms to verify basic information such as your address, telephone numbers, and dates of birth.

7) The officer will next ask questions about your relationship and your married life together, such as when and how you met; when and why you decided to get married; who proposed and how was the proposal made; how many people attended your wedding; and when you moved in together.

8)  You also have the opportunity to present additional evidence of your married life, especially if you had few documents to present at the time of filing the petition and adjustment application.

A joint interview is the best kind. If you have a bona fide marriage, you get an opportunity to show the USCIS officer firsthand how you interact with each other. You also worry less because you get to hear your spouse’s answers to the officer’s questions. Either one of you may also answer the question unless it deals specifically with the other spouse or is posed directly to him or her.

Joint interviews run more smoothly and take less time. When you are interviewed together, it generally means the officer has fewer concerns about the marriage.

Be as natural as you can be, regardless of how nervous you are. Don’t pretend to be the couple you’re not.

Avoid exaggerations and misrepresentations. Lying to a USCIS officer – especially about material facts – to obtain a green card will get you in trouble. If caught, you may be subject to a lifetime inadmissibility bar under INA 212(a)(6)(C)(i). (If you have concerns about your case and feel tempted to lie about certain issues, consult an attorney before you go to the interview.)

What  problems can occur at a marriage-based immigration interview? 

Lack of documentation, the couple’s demeanor, discrepancies in the testimonies, faulty translations by an interpreter, the filing of prior spousal immigrant petitions for the same beneficiary, and other factors may cause the officer to have doubts about the marriage.

The officer may separate the couple on the day of the interview and question each party individually. Each person will be asked the same questions separately. Then the officer will compare the answers to see if they match up.

The officer will ask probing and personal questions to determine whether the parties really know each other and share a married life. Even bona fide married couples have trouble answering questions aimed at detecting fraud, such as:

  • what is the color of the walls in your bedroom?
  • what side of the bed do you sleep on?
  • what type of birth control do you use?
  • what did your spouse wear to bed last night?
  • what did you and your spouse have for dinner last night?
  • what did you do for your spouse’s last birthday?
  • how did you celebrate last Thanksgiving?
  • how many rooms are in your home?
  • when was the last time you watched television together?
  • who woke up first this morning?
  • where did your spouse live when you first met?
  • how did you get to the interview today?

Fraud interviews are intense and can last for an hour or more. It is rare for each party to provide the exact same answer on every single question, even when the marriage is truly bona fide. Unfortunately,  USCIS may use any discrepancies in your testimonies to support a denial decision.

To learn more about other potential problems, read What to expect after your marriage-based green card interview.

Seek Immigration Counsel

Getting an I-130 approval notice and I-485 welcome notice is the best outcome possible. Short of that, your case could be put on hold for various reasons. But perhaps the worst thing to get is a Notice of Intent to Deny (NOID).

If USCIS issues a Notice of Intent to Deny the I-130 petition, it will be addressed to the petitioner, who will have 30 to 33 days to respond to it. Failure to timely or adequately respond to the NOID will result in a denial of the petition as well as the adjustment of status application. The I-130 decision is sent to the petitioner and the I-485 decision is sent to the foreign national applicant.

As long as the marriage is real and the parties fully rebut the marriage fraud allegations with objective and credible evidence, they can get the petition approved.

An experienced immigration attorney can help you prove the marriage is real, address discrepancies, overcome grounds for suspicion, and prevent a denial of the petition.

Working with a reputable attorney from start to finish will help reduce problems and get your case approved. It’s best to consult an attorney before you file the marriage-based adjustment application or K-1 to green card application, not after USCIS issues a Request for Evidence, second interview notice, or Notice of Intent to Deny, when mistakes cannot be undone.

For more information, read our related article, What to expect after your marriage-based green card interview.

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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Photo by: Bernard Goldbach

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Risks of H-1B layoff or job loss (and how to overcome them)

Posted on December 12, 2014 | Comments Off on Risks of H-1B layoff or job loss (and how to overcome them)

Corporate restructuring and downsizing are not unusual in today’s business climate.

H-1B employees who face layoffs or job loss can change employers to keep their status and avoid departing the U.S. to apply for a new visa overseas.

Below are the main risks and consequences of an H-1B layoff or job loss and the steps the employee and employer can take to overcome them:

Risks and Consequences

Falling Out of Status

H-1B status through the sponsoring employer ends on the employee’s last day of work. Upon termination, employers must send a Notice of H-1B termination to U.S. Citizenship & Immigration Services (USCIS). USCIS may then decide to revoke the H-1B approval. The employee loses H-1B status upon termination of employment, not upon revocation.

There is no grace period following the layoff. Employees are out of status the day following their last day of work.  [UPDATE: November 18, 2016 – DHS published a final rule, effective January 17, 2017, granting a 60-day grace period allowing a terminated H-1B employee to leave the U.S. or find a new employer to file an extension petition, without violating their nonimmigrant status.]

Even if the employee receives severance pay following termination of employment, he is still out of status because he is not working under the terms of the H-1B petition. Receiving paychecks beyond the termination date is different from negotiating an extended termination date. Loss of lawful H-1B status means the employee is subject to removal from the United States.

Extension of status or change of status

In general, the employee must be in valid status to qualify for an extension of status (EOS) or change of status (COS). This means USCIS must receive the request to extend or change nonimmigrant status on or before the final day of the H-1B employment.

In limited circumstances, USCIS may exercise favorable discretion and overlook short gaps between the loss of status and filing of the EOS or COS request, especially if the layoff or job loss was unexpected.

Accumulating Unlawful Presence

Unlawful presence begins when the employee’s authorized period expires (i.e. the expiration date of the I-94 or upon USCIS’ issuance of notice ending the status, whichever is earlier). The timely filing of a new H-1B petition or request for change of status (e.g. to F-1 student or B-1/B-2 visitor) can also extend the authorized period.

3-year/10-year bar of inadmissibility

Foreign nationals who accumulate 180 days to 1 year of unlawful presence after April 1, 1997, and then depart the U.S., are barred from re-entering the U.S. for 3 years (unless they qualify for a waiver).

Foreign nationals who accumulate 1 year of more of unlawful presence after April 1, 1997, and then depart the U.S., are barred from re-entering the U.S. for 10 years (unless they qualify for a waiver).

Steps the Employee and Employer Can Take

1. Employee: File a new sponsoring employer and qualifying job

Advance notice of the layoff provides time to look for a new job prior to termination of employment. The job must qualify as a specialty occupation and the employer must be willing to file the Form I-129, H-1B extension petition.

If a new employer files a new H-1B petition prior to the H-1B revocation or prior to termination of employment, the employee will be in an “authorized period of stay” while the new petition is pending.

H-1B portability allows the employee to change to a different job with a new employer without the risk of being out of status.

2. Employer: File the H-1B extension petition as quickly as possible, preferably before the employee is terminated from the old job

Normally, an application to change status (e.g. H-1B to F-1 student or B-1/B-2 visitor) or extend status (e.g. transfer or porting of H-1B to a different employer) must be filed while the foreign national is still in lawful status.

To obtain an H-1B extension, the new H-1B petition with approved labor condition application must be filed with USCIS before expiration of status, revocation of status, or termination of employment (whichever is earliest). USCIS typically requests paystubs to verify when employment with the prior employer ended.

An employee can have multiple H-1B visas, so the new employer does not have to wait until the old job is lost.

The regulations, however, indicate that USCIS may, in its discretion, excuse a late filed petition when there are extraordinary circumstances beyond the employee’s control or the petitioning employer’s control.

The delay in filing must be commensurate with the circumstances; the foreign national must not have otherwise violated his nonimmigrant status; the foreign national must be a bona fide nonimmigrant; and the foreign national must not be in removal proceedings.

NOTE: USCIS may approve the new H-1B petition even if it denies the extension of status. In that case, the employee would need to depart the U.S. to consular process the H-1B visa overseas. If the 3-year/10-year bar applies, the visa applicant will also need to obtain a 212(d)(3) waiver.

3. Employer: Request Premium Processing of H-1B petition

The employee does not officially have H1B status and work authorization until USCIS actually approves the new petition. The employer may request premium processing (i.e file Form I-907) to receive a quicker decision.

4. Employee: Start working only after USCIS receives the new H-1B petition or, better yet, after USCIS approves it

H-1B portability generally allows  the employee to work for a new employer without needing to depart the U.S. for a new H-1B visa.

The H-1B portability criteria are: (1) the foreign national was lawfully admitted; (2) the new H-1B petition is “nonfrivolous”; (3) the new H-1B petition was filed before the date of expiration of authorized stay period (as stated on the I-94 card); and (4) subsequent to lawful admission, the foreign national has not been employed without authorization before the filing of the petition.

When the H-1B change of employer petition is timely filed, the employee is generally eligible to work when USCIS issues the receipt notice. But the employee should wait for the H-1B approval rather than rely on H-1B portability when the new petition is untimely (i.e. filed after the employee is terminated by the prior employer and falls out of H-1B status).

If the H-1B extension request is denied, the denial is retroactive to the date the petition was filed. Although portability allows the employee to work for the new employer until the date of denial, once the petition is denied, the employment is no longer authorized and the employee is out of status.

If USCIS approves the H-1B extension petition, the “interim” work authorization ends. USCIS may do one of two things:

(1) use its discretion and approve an extension of status, permitting the employee to stay in the U.S. in H-1B status and continue working for the new employer; or (2) deny the extension of status request and require the employee to depart the U.S., and obtain an H-1B visa at the U.S. Consulate.

(If the employee already has a valid H-1B visa from the old employer, he may present that visa with the new Form I-797, H-1B approval notice to request re-entry into the U.S. But it’s better to get a new visa with a new expiration date. )

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H-1B extensions beyond the normal 6 years require the employee and employer to consider other risks and take additional steps. Look out for a future article on this issue.

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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5 myths about Obama’s executive actions on immigration

Posted on December 10, 2014 | Comments Off on 5 myths about Obama’s executive actions on immigration

Critics argue President Obama’s executive actions on immigration are an abuse of power. On December 4, the Republican-led House passed a bill aiming to block Obama’s executive actions. To date, 24 states have joined the Texas-led coalition to legally challenge Obama’s immigration actions in court.

Here are 5 myths about Obama’s executive actions on immigration and the facts behind them:

Myth #1: Obama granted amnesty (including lawful status) to millions of undocumented immigrants

Facts: Amnesty is an automatic pardon or free pass granted to a group of individuals. Immigration amnesty is a government’s pardon of undocumented immigrants for violating immigration laws and policies.

In 1986, Congress passed — and Republican President Ronald Reagan signed into law — an immigration reform bill that granted “amnesty” to a large group of illegal immigrants (about 3 million).  The law allowed certain undocumented immigrants, who had entered the U.S. before January 1, 1982, and had resided in the U.S. continuously, to apply for permanent residence and gain a path to citizenship. It also legalized certain seasonal agricultural illegal immigrants.

Obama’s executive actions, on the other hand, do not grant permanent residence or a path to citizenship to millions of undocumented immigrants. It does not provide lawful status. It grants only temporary relief from the threat of deportation and temporary work permits to those who qualify for Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parent Accountability (DAPA).

The expanded DACA program and new DAPA program are expected to kick in on February 18, 2015 and May 19, 2015, respectively.

Not all applicants who qualify for DACA or DAPA will seek this temporary relief. According to the Migration Policy Institute, only a little over half of the young immigrants who qualified for DACA, when it was first rolled out, applied for it.

Those who are not in removal proceedings take a risk when they apply for this relief: they have to notify U.S. Citizenship and Immigration Services (USCIS) that they are in the country illegally. And there is no guarantee their request will be granted.

DACA and DAPA also do not provide long-term protection from deportation. A new president could extend the programs – or not.

If there is no extension, a large number of undocumented immigrants who came out of the shadows could be removable once again. So they need to weigh the risks and benefits, preferably with an experienced immigration attorney, before applying for DACA or DAPA. These programs do not give blanket amnesty.

Myth #2: Obama changed immigration law without Congress’ approval

Facts: Obama did not strike down or repeal existing immigration laws, which only Congress can do. Rather, he directed USCIS, Immigration & Customs Enforcement (ICE), and Customs and Border Protection (CBP) to focus on deporting felons, not families.

U.S. presidents have executive authority to decide how best to enforce the law and use limited resources. It’s called discretion.

Every president since President Dwight Eisenhower (1953-1961) has taken executive action on immigration. Executive actions can include statements of policy by the president (including setting policies on how laws will be enforced) and interpretations of regulations.

Deferred action is the use of prosecutorial discretion to defer removal action against a person for a certain period of time. This existed prior to Obama’s immigration actions. Work permits have been given to those who were granted deferred action long before Obama took office. The DACA and DAPA programs simply formalize the deferred action process for specific groups.

Myth #3:  Obama’s executive actions encourage a new wave of illegal immigration and make the border less secure

Facts:  The expanded DACA and new DAPA programs are limited to qualified applicants. For one thing, they will need to prove that they have been continuously present in the U.S. since before January 1, 2010.

The November 20 policy directs immigration agencies to focus more on deporting the following categories of unauthorized immigrants: those who pose a threat to national security, border security and public safety; those with three or more misdemeanors; those who recently crossed the border illegally; and those “who have been issued a final order of removal on or after January 1, 2014.”

Most of the resources will be spent on removing those on the high priority list. But this doesn’t necessarily mean fewer people will be deported.

Personnel from the U.S. Coast Guard, USCIS, ICE and CBP will realign to form new task forces for enforcement, while maintaining the “the surge of resources” sent to the U.S.-Mexico border during the unaccompanied minors crisis over the summer. Strengthening the border is a key part of Obama’s executive actions.

Myth #4: Obama’s executive actions hurt the U.S. economy and add costs to U.S. taxpayers

Facts: Current federal law holds that all taxpayers who are deemed “lawfully present” in the U.S. may collect Social Security and Medicare, after they have worked for at least 10 years. They may also receive survivors and disability benefits when they become eligible.

Many undocumented immigrants already file tax returns and pay taxes, regardless of whether they are authorized to work. Some own businesses (usually restaurants, bakeries, convenience stores, and construction  companies) and pay business taxes. They contribute to the U.S. economy despite their unlawful status.

The DACA and DAPA programs offer three-year work permits, subject to renewal. Deferred action recipients will receive the same benefits as other taxpayers. But allowing undocumented immigrants to work legally would likely increase tax revenue in payroll taxes.

Executive action beneficiaries will not qualify for other federal benefits such as welfare, food stamps, student financial aid, housing subsidies, Medicaid or benefits under the Affordable Care Act.

The November 20 policy also directs USCIS to promote greater use of the “national interest waiver” for the benefit of the U.S. economy.  The national interest waiver allows non-citizens with advanced degrees or exceptional ability to seek green cards without employer sponsorship if their admission is in the national interest.

Immigration agencies are also directed to use “public interest parole” to attract and retain inventors, researchers, and founders of start-up companies “who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting edge research.” This could create new jobs for American workers.

Myth #5: Obama’s executive actions derail Congress’ plan to pass immigration reform

Facts:  Obama’s executive actions do not prevent legislative action on immigration reform. “I want to work with both parties to pass a more permanent legislative solution,” Obama said in his address on November 20. “And the day I sign that bill into law, the actions I take will no longer be necessary.”

The bipartisan, comprehensive immigration reform bill passed by the Senate in June 2013 has  not been taken up by the House to date. Obama says he was compelled to take executive actions because Congress failed to pass a  bill.

Before Obama announced his executive actions, House Speaker John Boehner said in a November 6 news conference that even if Obama agreed not to take any executive action, he couldn’t promise a House floor vote on immigration reform.

While defending his executive actions as necessary and legal, Obama urged Congress to pass a bill in an appearance before 60 activists in Nashville on Tuesday.

Meanwhile, House leaders unveiled a $1.1 trillion spending bill that would fund nearly all the federal government through September 2015. But the bill would fund immigration agencies that carry out Obama’s executive actions only through February 27.

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This article provides general information only. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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5 ways Obama’s executive actions benefit immigrants

Posted on November 26, 2014 | Comments Off on 5 ways Obama’s executive actions benefit immigrants

President Obama announced, on November 20, executive actions aiming to grant temporary stay to millions of undocumented immigrants, prioritize the deportation of felons, streamline the employment-based immigrant visa system, expand the provisional waiver program, and promote naturalization.

In response, congressional Republicans have threatened to shut down the government, impeach Obama, sue the president, and not pass any immigration reform through Congress. Meanwhile, some immigrant rights groups say Obama’s executive actions don’t go far enough.

The most contentious executive action is the grant of temporary relief from deportation to certain undocumented immigrants.

Amid the political hoopla, many who are in the U.S. unlawfully or without immigrant status — and would like to stay long-term — are wondering, how do the executive actions affect me? 

Here are 5 ways Obama’s executive actions are expected to benefit immigrants: 

1) Grant deferred action to more undocumented immigrant children by expanding DACA 

Deferred action grants a temporary stay in the U.S. without the threat of deportation. But it does not create a path to lawful permanent residence or citizenship in the U.S.

Obama is expanding the Deferred Action for Childhood Arrivals (DACA) program (which was first introduced on June 15, 2012) to cover a broader class of children.

First,  DACA will cover all undocumented immigrants who entered the U.S. before the age of 16, and not just those born after June 15, 1981, provided they meet the other guidelines.  DACA will no longer be limited to those under the age of 31 as of June 15, 2012.

Second, DACA will cover those who have continuous presence in the U.S. since before January 1, 2010, instead of the earlier date of June 15, 2007.

Third, DACA grants and renewals, including the work permits that come with DACA, will be valid for three years instead of two years.

The expanded DACA program is expected to begin 90 days from the November 20 announcement (i.e. February 18, 2015).  Those who have been convicted of a felony or major misdemeanor crime (including burglary, DUI, domestic violence, or drug distribution) still do not qualify.

2) Grant deferred action to undocumented immigrant parents of U.S. citizens and lawful permanent residents

Obama is creating a new deferral program – Deferred Action for Parent Accountability (DAPA) – for undocumented immigrant parents who have a U.S. citizen or lawful permanent resident son or daughter on the date of the November 20 announcement.

To qualify, the parents must also (i) not be enforcement priorities for removal from the U.S., (ii) have continuous presence in the U.S. since before January 1, 2010, and (iii) present no other factors that would make a grant of deferred action inappropriate.

USCIS will consider DAPA requests on a case-by-case basis, and applicants may apply for work authorization provided they pay the filing fee. DAPA grants and renewals, including the work permits that come with DAPA, will be valid for three years.

The new DAPA program is expected to begin 180 days from the November 20 announcement (i.e. May 19, 2015).

Each applicant must pass a background check of all relevant national security and criminal databases, including DHS and FBI databases, that would show they have not been convicted of a felony or certain misdemeanors.

3)  Streamline the immigrant and nonimmigrant visa application process to support high-skilled businesses and workers

In a November 20 memorandum titled Policies Supporting U.S. High-Skilled Businesses and Workers, the Secretary of the Department of Homeland Security called for new regulations and administrative steps to:

(i) Modernize the employment-based immigrant visa system (and make it easier for U.S. businesses to hire and retain highly-skilled foreign-born workers).

(ii) Reform “Optional Practical Training” for foreign students and graduates from U.S. universities (and make it easier for those on student visas studying science, technology, engineering and mathematics (STEM) to remain after graduation for training and work opportunities).

(iii) Promote research and development in the U.S. (and make it easier for foreign investors, researchers and founders of start-up enterprises to conduct research and development and create jobs in the U.S.).

(iv) Bring greater consistency to the L-1B “intracompany transferee” visa program (and make it easier for companies to manage their global workforce).

(v) Clarify guidelines for worker portability (and make it easier for adjustment of status applicants to accept promotions and change jobs without affecting their employment-based green card process).

4) Expand the Form I-601A, provisional waiver program 

The provisional waiver program for the 3/10 year unlawful presence bar, which USCIS introduced in 2013, will expand to spouses and children of lawful permanent residents, as well as adult children of U.S. citizens. It will no longer be just for U.S. citizens’ spouses, parents, and children (unmarried and under 21).

To obtain the waiver, applicants must still prove their absence from the U.S. will create “extreme hardships” for their U.S. citizen or lawful permanent resident spouse or parent (qualifying relative).

DHA plans to further clarify the “extreme hardship” standard that must be met to obtain the waiver. New guidelines and regulations will need to be issued for this to go into effect.

5) Promote the naturalization process

Lawful permanent residents who wish to naturalize will see some improvements in 2015. USCIS is expected to:

(i) Promote citizenship education and public awareness for lawful permanent resident;

(ii) Allow naturalization applicants to use credit cards to pay the application fee; and,

(iii) Assess potential for partial fee waivers.

A November 20 memorandum, titled Policies to Promote and Increase Access to U.S. Citizenship, states there are more than 8 million lawful permanent residents who are eligible, but who have not applied to become U.S. citizens. While the executive actions are meant to promote citizenship, they do not lower the eligibility requirements to become a U.S. citizen.

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To subscribe for email updates from USCIS on these executive actions, go to the Executive Actions on Immigration page on USCIS’ website.

This article provides general information only. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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Beware of immigration scams!

Posted on November 26, 2014 | Comments Off on Beware of immigration scams!

Beware of notarios and scammers trying to take advantage of President Obama’s recent executive actions on immigration.

AILA National revamped its print Public Service Announcements (PSAs) that AILA members and the public can use to warn consumers about immigration scams.

The PSA is available in English and Spanish.

Only a licensed lawyer or accredited representative is authorized and qualified to help you with your immigration case. Unlike consultants,  immigration lawyers are licensed to represent clients.

Accredited representatives (who are not licensed lawyers but may provide limited assistance in immigration matters) must work for a Recognized Organization and be authorized by the Board of Immigration Appeals (BIA).  Recognized organizations that appear on this list may help with immigration matters. These organizations must either provide their services for free, or must only charge a nominal (small) fee for their services.

Notarios are neither lawyers nor accredited representatives. They often use the term “notario publico” in the Hispanic community. That title is not recognized in the United States as it is in some Latin American countries.

It is against the law for notarios to give you immigration advice. Even preparing immigration forms or green card applications is something that only a licensed immigration lawyer or accredited representative should do.

Lawyers from another country who are not licensed in the United States also are not authorized to provide immigration services within the United States.

In some cases, a law student participating in a law school clinic or legal aid program or through a non-profit organization may represent a person as described by regulation.

For more information, go to Stop Notario Fraud.

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Photo by: Richard Artschwager at Wadsworth Atheneum

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Posted in adjustment of status, green card, immigrant visa, immigration reform, The Legal Immigrant - Immigration Blog

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