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Tiya Attorney USA Immigration Services

Immigration Resource — Sat, 12 May 2012 09:15:04 +0000

Choosing the correct and most suitable immigration classification and category when initiating and applying for green card status in and to the U.S. is extremely important. Depending on the type and/or classification of the green card, the wait time to obtain green card status varies tremendously, and the difference can be several months, to several years or even decades.

Immigrating to the U.S. via sponsorships through certain skill sets or employment are effective ways to legally and permanently live and work in the U.S., or gain legal permanent residency status in the U.S.

The employment-based green card cases in the U.S. fall under several preference categories. Some of the categories include, but are not limited to, green card employment-based preference 1 category (“EB-1”), employment-based preference 2 category (“EB-2”), and employment-based preference 3 category (“EB-3”). Choosing the most effective employment-based green card preference category is important to the foreign nationals for many reasons. For foreign nationals who have any green card cases (whether or not based on employment) that have been pending for too long, right now will be a good time to review various employment-based green card options. The differences in the various EB categories include, but are not limited to:

1. Many employment-based green card cases require sponsorships by employers. Other employment-based green card cases do not require the sponsorships of any specific employers, and can be self-petitions or self-sponsorships by the foreign national themselves.

a) For example, an EB-3 green card case requires the sponsorship by an employer.

b) On the other hand, an EB-2 national interest waiver green card case that is based on the foreign national’s contribution to the industry does not require direct sponsorship by an employer.

c) An EB-1 extraordinary ability green card case is a self-petition immigration case, and does not require the sponsorship by an employer. Certain EB-1 green card cases require the sponsorship by an employer.

2. The wait time for green card cases for the various employment-based preference categories or cases can vary widely, ranging from several weeks or several months, to almost 9 years, because their wait time are tied to the employment-based preference category and the foreign national beneficiary’s country of birth (not nationality).

a) For example, the wait time to receive a green card based on an EB-1 case is tremendously shorter (e.g. several months or weeks , or longer depending on each case) than an EB-3 case (many years) because immigrant visa numbers are often more readily available for an EB-1 than an EB-3 case. Also, the wait time for an EB-2 national interest waiver case is tremendously shorter (e.g. several months or weeks, or longer depending on each case) for native from many countries (not all).

b) For example, under an EB-2 case based on PERM, it takes substantially longer for a foreign national who was born in India or China to receive his/her green card (several years) than a foreign national who was born in other countries.

c) However, if a foreign national who was born in India or China is eligible and is applying for an EB-1 green card case, the wait time will be tremendously shortened.

d) Other than a bona-fide/genuine/good-faith marriage to a U.S. citizen, having relatives to provide immigration sponsorships to foreign nationals are by no means good solutions. Certain family-based green card sponsorships could take decades to come through.

For more information on the current immigrant visa number availability, please visit the immigrant visa bulletin at the website of the U.S. Department of States at

http://travel.state.gov/visa/bulletin/bulletin_1360.html

3. Moreover, green card processing time at various government agencies changes from time to time, depending on diverse factors such as their immigration case load, the number of green card applicants in a given period, new law and/or policies.

a) The processing time for various employment-based green card categories can retrogress (e.g. taking much longer than the government’s previously estimated processing time).

b) For example, the processing time for many EB-3 green card cases retrogressed from a processing time of about 8.5 years in April 2009, to a sudden halt (no processing) for the month of May 2009 when immigrant visa numbers became unavailable for May 2009. The U.S. Citizenship and Immigration Services (“USCIS”) cannot adjudicate green card I-485 adjustment of status cases without the available immigrant visa numbers.

e) For more information on immigrant visa number availability (especially for April and May 2009), please visit the immigrant visa bulletin at the website of U.S. Department of States at

http://travel.state.gov/visa/bulletin/bulletin_1360.html

4. Some foreign nationals are deterred and discouraged by the dampening economy from, or their dim view in securing U.S. employment, and/or immigration or green card sponsorships.

a) For foreign nationals who do not have or wish to secure immigration sponsorships by U.S. employers, being able to apply for employment-based green card by themselves without any specific employers (i.e. self petitions or self sponsorships) can make a huge difference in their lives.

For example, the differences of either falling into illegal immigration status in the U.S.; not coming or immigrating to the U.S. or having to leave the U.S. (most often, after years of being in the U.S. with established social circles and families here); or the privileges and opportunities to live anywhere in the U.S. with U.S. permanent residency status, and eventually, the opportunity to apply for U.S. citizenships.

In summary, choosing the most effective category of green card cases means the difference of waiting decades for your green card, to several months or weeks. Having a green card much sooner also means having the opportunities to choose to live and work anywhere in the U.S., and eventually, to apply to be a U.S. citizen.

By Aik Wan Kok, Attorney or Lawyer USA Immigration & Nationality Services, at Tiya; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

PLEASE VISIT OUR WEBSITES AT https://www.tiyaimmigration.com AND http://tiyalaw.blogspot.com , THANK YOU.

Sincerely,
Aik Wan Kok *
Attorney at Law (Immigration Law)
E-Mail: koka@tiyalaw.com ▪ aikwan.kok@gmail.com ▪ https://www.tiyaimmigration.com ▪ http://tiyalaw.blogspot.com

Direct: 703-772-8224 ▪ Office: 202-642-4902

+ Aik Wan Kok Fillali at Tiya USA Immigration Services: 1629 K Street, Suite 300, Washington, D.C. 20006

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Stephen Colbert Opening Statement

Immigration Resource — Sun, 26 Sep 2010 18:45:21 +0000

Stephen Colbert gives his opening statement during a hearing of the Subcommittee on Immigration, Citizenship and Border Security (from C-SPAN 9/24/10 coverage)

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Obama Immigration Reform

Immigration Resource — Sun, 26 Sep 2010 18:43:33 +0000

At American University today, President Obama outlines a road map for immigration reform that includes holding businesses, illegal immigrants responsible and fixing the broken legal immigration system

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Considering Filing H-1B or L-1? Additional Fee Applies to Certain New or Change of Employer Petition (Effective August 14, 2010)

Immigration Resource — Fri, 20 Aug 2010 10:41:00 +0000

Effective August 14, 2010, there will be an additional fee for filing certain H-1B or L petitions; $2000 for H-1B and $2250 for L-1. This new fee, where applicable, is in addition to the existing government immigration fees applicable to H-1B and L-1 work visas. This new fee will remain effective until September 30, 2014.

This additional fee requirement applies to new petitions and petitions to change employer filed by petitioners or employers that employ 50 or more employees in the United States, with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status.

H-1B is a temporary work visa for foreign nationals to work in occupations requiring at least the relevant Bachelor’s degrees, or equivalent.

L-1 is a temporary work visa for a U.S. company to transfer certain foreign national employees from one of its affiliated foreign offices to one of its existing or newly established offices in the United States. L-1 temporary work visa applies to foreign national employees who will be transferred to the U.S. as an executive or manager, or a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, individuals and families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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ICE: Prison Terms for Employers/Conspirators for Harboring, Transporting and Employing Illegal Aliens

Immigration Resource — Fri, 23 Jul 2010 11:40:00 +0000

5 residents pled guilty, on July 16, 2010, to knowingly harboring, transporting and employing illegal aliens, as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) agents (such as special agents).

ICE’s, an investigation agency of the U.S. Department of Homeland Security (DHS), functions are to protect national security, public safety and the integrity of the U.S. borders by enforcing criminal and civil federal laws governing border control, customs, trade and immigration.

The defendants transported and paid cash to these illegal foreign nationals for employment at various work sites, and used various properties to harbor and conceal them, to gain competitive economic advantage over their competition in the chicken industry. The defendants were sentenced to at least 12 to 30 months in prison, with supervised release thereafter, and forfeiture of properties totaling over $1.87 million.

It is important to be proactive in legal compliance:
1. Employers or their personnel should comply with various laws such as immigration, employment and tax law when hiring personnel in the U.S.
2. Before immigration crisis such as investigations, arrests, detention or removal/deportation, families living with or having relatives without legal immigration status in the U.S. should seek professional legal immigration help to legalize their immigration status within legal and ethical boundaries.

For further information, please visit ICE News Release at http://www.ice.gov/pi/nr/1007/100720fortsmith.htm .

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Haiti TPS Registration Extended Till January 18, 2011 (Can Apply for EAD & Advance Parole; Based on Separate Immigration Eligibility/Application, Approved TPS Beneficiary May Apply for Nonimmigrant Status or Green Card)

Immigration Resource — Wed, 14 Jul 2010 17:39:00 +0000

On July 12, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for Temporary Protection Status (TPS) for eligible foreign nationals from Haiti has been extended from July 20, 2010 until January 18, 2011; allowing Haitians up to January 18, 2011 to apply for registration of TPS.

Eligible Haitian applicants must have been continuously present in the U.S. since January 12, 2010 to apply for TPS, and must submit their TPS registration by or before January 18, 2011.

Applicants may also apply for Employment Authorization Document (EAD) with their TPS applications. Filing fees apply but may be waived at the discretion of the USCIS on a case-by-case basis, upon reviewing the circumstances of the fee waiver request for each case.

Qualify TPS beneficiaries may apply for green card, other nonimmigrant or visa status, based on other non-TPS immigration sponsorships/applications. Some may require separate waiver applications when applying for immigration benefits. For those who have advance parole documents to travel internationally, they must have their immigration thoroughly reviewed before they embark on any international travels.

All TPS beneficiaries/applicants should have their immigration history status thoroughly reviewed as they may need separate waiver applications; or may be eligible for green card or other visa benefits.

For further information on I-601 waiver applications/cases, please also read our articles on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!” at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html and “I-601 Waivers: Improvement in Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time Are Coming Soon!” at
https://immigrationresource.net/united-states-of-america/us-visas/i-601-waivers-improvement-in-standards-for-extreme-hardships-concurrent-filings-with-i-130-alien-relative-immigrant-petition-adjudication-processing-time-are-coming-soon/

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net
We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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TPS for El Salvadorians Until March 9, 2012

Immigration Resource — Tue, 13 Jul 2010 15:57:00 +0000

On July 12, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced that the U.S. Department of Homeland Security (DHS) will extend the temporary protection status (TPS) for another 18 months for eligible El Salvador nationals, from the current expiration date of September 9, 2010 to the new expiration date of March 9, 2012.

To qualify, eligible applicants must submit their TPS applications to the USCIS between July 9, 2010 and September 7, 2010. The applicants must apply within this time frame to avoid immigration complications. Applications outside this time frame may be possible depending on the circumstances of each case.

For existing TPS beneficiaries seeking re-registration of their TPS, the USCIS will automatically extend existing employment authorization documents (EAD) held by TPS beneficiaries for 6 months, until March 9, 2011 but they must still apply for their re-registration of TPS between July 9, 2010 and September 7, 2010. For those seeking to extend their EAD, they must also submit their applications to extend their EAD.
For eligibility, the applicants must meet the following criteria including, but are not limited to:

1. Applicants must be a national of, or for those without a nationality, last habitually resided in El Salvador;
2. Applicants must have been continuously resided in the United States since February 13, 2001; and
3. Applicants must have been continuously present, physically, in the United States, since March 9, 2001.

Late applicants or late registrants may apply for this TPS benefits if they could demonstrate that in 2001, the applicants were in valid nonimmigrant status or had other form of immigration relief(s) such as:
1. Voluntary departure;
2. Relief from removal;
3. Parolee or pending re-parole application;
4. Being a spouse or child of a foreign national currently eligibly to be a TPS registrant; OR
5. Have pending application for one of the following:
(a) Adjustment of status
(b) Change of status
(c) Asylum
(d) Voluntary departure
(e) Removal, including those under review or appeal

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

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ICE Immigration Enforcement & Compliance with U.S. Immigration Law

Immigration Resource — Wed, 30 Jun 2010 15:39:00 +0000

The U.S. Immigration and Customs Enforcement (ICE), a department within the U.S. Department of Homeland Security, is responsible for a broad-range of civil enforcement of U.S. immigration law such as the apprehension, detention and/or removal of non-U.S. citizens or foreign nationals. Given its finite resources, scope of enforcement actions, and the enormous immigration or administrative violations in the U.S., ICE only has resources to remove approximately 400,000 non-U.S.-citizens each year (which is less than 4% of the estimated foreign nationals illegally present in the U.S.), and must prioritize its enforcement actions.ICE’s priority is to secure the U.S. national border, and to safeguard the U.S. national security and public safety. For this reason, ICE has reiterated its priorities in civil immigration enforcement in the following categories of foreign nationals or non-citizens:1. Priority 1 will be placed on foreign nationals or non-citizens who pose a danger to national security or risk to public safety. These foreign nationals include, but are not limited to, those suspected of terrorism/espionage and involved in certain crimes.2. Priority 2 will be placed on foreign nationals who committed recent violations of illegal entries (attempted entries or otherwise).3. Priority 3 will be placed on immigration fugitive foreign nationals or those obstructing U.S. immigration law. These foreign nationals include, but are not limited to, those who are involved in certain crimes, ordered removed/failed to depart the U.S., re-entered illegally upon removal, obtained (or attempted to obtain) immigration benefits by fraud.It is extremely important for foreign nationals traveling to or for those already in the U.S. to adhere to and comply with the complex U.S. immigration law to avoid serious immigration complications. This applies to U.S. lawful permanent residents (LPR) as well as compliance with other U.S. laws. Some of the general matters to consider include, but are not limited to, not overstaying the period of authorized stay (such as the expiration date as endorsed on the I-94 departure/arrival record for non-LPR); not accepting employment in the U.S. without first seeking proper immigration authorization; not perpetrating, committing or attempting to commit visa or immigration fraud; not committing or attempting to violate U.S. criminal law.By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.netWe represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.All Rights Reserved.This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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U.S. Citizen Pled Guilty to Marriage Fraud & Sponsored Wife is Now a Fugitive

Immigration Resource — Fri, 25 Jun 2010 11:15:00 +0000

As a result of an investigation conducted by the U.S. Immigration and Customs Enforcement (ICE), on June 22, 2010, a 25-year-old U.S. citizen pled guilty to marriage fraud in that he entered into a phony marriage with a Cambodian national for the purposes of assisting her to evade U.S. immigration law and to obtain U.S. permanent residency.

In exchange for entering into the fraudulent marriage, the U.S. citizen was paid about $7000, and the marriage fraud conspirators also paid for his other various expenses such as his overseas trip to Cambodia to meet with a Cambodian female for the purpose of establishing a bogus relationship to sponsor her to the U.S., and sexual services with a different Cambodian woman.

The Cambodian female arrived in the U.S. using a K-1 fiancée visa. The U.S. citizen and the Cambodian got married. Later, they participated in an immigration marriage interview, and falsely represented to the U.S. immigration official that they had a good faith marriage for the purpose of allowing her to obtain U.S. lawful residency as a spouse. Subsequently, they got divorced.

The U.S. citizen now faces a maximum potential punishment of 10 years imprisonment, $500,000 fine, and supervised release of 6 years.

Marriage fraud is also an extremely serious immigration violation for non U.S. citizens entering/participating in such schemes. The ex-spouse is now a fugitive and is wanted by ICE.

For more information, please see ICE News Release at http://www.ice.gov/pi/nr/1006/100622louisville.htm .

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

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U.S. Consulates in China are Opening on Saturdays for Several Weeks!

Immigration Resource — Wed, 23 Jun 2010 07:25:00 +0000

Business and tourism between China and the United States have grown dramatically (especially in 2010) and they are expected to continue growing, over the years. As a result, the U.S. consulates across China have also seen a corresponding rise in visa applicants and wait times for visa appointments. In 2009, 66% of the visas issued by the U.S. consulates in China were for business and tourism to the United States.

In their efforts to meet the extraordinary growth in visa demands, the U.S. consulates in China are actively expanding their staffing and enhancing their technological systems, as well as working over the holidays. For example, over the next few weeks, through the “Super Saturday Visa Program”, the U.S. Embassy in Beijing, and four U.S. consulates in China, will be opening on Saturdays for the increased Chinese applicants seeking visas to travel to the United States.

IIt is extremely important for foreign nationals traveling to or for those already in the U.S. to adhere to and comply with the complex U.S. immigration law to avoid serious immigration complications. This applies to U.S. lawful permanent residents (LPR) as well. Some of the general matters to consider include, but are not limited to, not overstaying the period of authorized stay (such as the expiration date as endorsed on the I-94 departure/arrival record for non-LPR); not accepting employment in the U.S. without first seeking proper immigration authorization; not perpetrating, committing or attempting to commit visa or immigration fraud.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.