How to Satisfy the K-1 Fiance Visa In-Person Meeting Requirement

Following are the top 5 types of evidence a couple can submit to satisfy the K-1 fiance visa in-person meeting requirement:

1. Airline ticket stubs (boarding passes) that include the passenger’s name, date, and flight information.
2. Airline ticket receipt that indicates the month, day and year of the flight ticket purchase, passenger name, and itinerary (not just the itinerary alone).
3. Copies of passport pages that show the identification (biographic) page and admission (entry) stamps.
4. Military Orders or letter from a Commanding Officer indicating the military member’s presence in a particular location on a given date.
5. Film-dated (required) photographs of the petitioner and beneficiary together. The date that the photo was taken must have been created by the camera and appear on the actual photograph.

Note that the government does not accept the following as evidence of a meeting: itineraries, discs, videos, emails, letters, phone bills, greeting cards, and photos that are not film-dated.

Legal Strategy Session for Your Fiance Visa Petition

 Contact the Law Office of Tanya M. Lee, PLLC today to schedule a  legal strategy session to discuss your  fiance visa petition. Our experienced attorneys will discuss the eligibility criteria, application process and fees, red flag issues, and best evidence to prove eligibility, including the K-1 fiance visa in-person meeting requirement.  Request a no-obligation telephone or Skype legal strategy session by emailing tlee@aboutusvisas.com or calling 1.480.559.9529.

FIANCE VISA INTERVIEW TIPS – CHECK OUT THIS DVD

If you would like to view tips on the fiance visa and visa interview, please check out the DVD  listed below.

The post Top 5 Best Evidence for K-1 Fiance Visa In-Person Meeting Requirement appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

What’s included?

• What is Immigration Law? What is Nationality Law?
• Sub-practice areas/niche opportunities
• Key Introductory Immigration Legal Terms and Concepts
• What Do Individuals/Companies Hire an Immigration Attorney to Do?
• Litigation vs. Transactional Opportunities
• Politics and the Impact on Your Immigration Practice
• Opportunities for criminal, family, employment, and business lawyers 
• …..and More 

Take a listen and decide for yourself if you should practice immigration law. Your feedback is highly appreciated! 

FOR A FREE DOWNLOADABLE COPY OF THE PRESENTATION SLIDES AND MP3 AUDIO FILE OF THE WEBINAR, PLEASE CLICK  here.

The post Should You Practice Immigration Law appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

Filing your request for consideration of deferred action for childhood arrivals involves several steps. You need to submit multiple forms, evidence and fees. Small mistakes in preparing your request could lead to it being rejected. Please read these tips to avoid having your request rejected or delayed because of common filing errors.

1. Mail all forms together – You must mail the following forms in one package:

a. For Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Click here.

b. For Form I-765, Application for Employment Authorization, Click here.

c. For Form I-765WS, Worksheet, Click here.

***Be sure to read these mailing instructions to see where to mail the forms based on the state you live in. Remember to send it to the P.O. Box address if mailing through the U.S. Postal Service. All forms are available at www.uscis.gov/forms for free. Do not pay for blank USCIS forms either in person or over the Internet.

2. Sign your forms – You must sign both your Form I-821D and Form I-765. If someone helps you fill out the forms, that person must also sign both Form I-812D and Form I-765 in the designated box below your signature.

3. Write your name and date of birth the same way on each form – Variations in the way information is written can cause delays. For example, you should not write Jane Doe on one form and Jane E. Doe on another form. It is important to read all instructions on the forms carefully.

4. Use the correct version of Form I-765 – Always make sure you have the most recent form when submitting your request with USCIS.  to download the most recent version. You can download all USCIS forms and instructions for free on www.uscis.gov/forms.

5. Use Form I-821D NOT Form I-821 – Form I-821D is used to request consideration of deferred action for childhood arrivals. Form I-821 is a different form used to apply for Temporary Protected Status, an entirely different process.

6. Do NOT e-file Form I-765 – Requests for consideration of deferred action cannot be e-filed. You must mail your package (Forms I-821D, I-765, I-765WS, evidence and fees) to the appropriate USCIS Lockbox listed here.

7. Submit correct fees –The fee to request consideration of deferred action for childhood arrivals is $465 and cannot be waived. There are fee exemptions (click for instructions) available only in limited circumstances. You may submit separate checks of $380 and $85, or one single check of $465.

8. Answer all questions completely and accurately – If an item is not applicable or the answer is “none,” leave the space blank. To ensure your request is accepted for processing, be sure to complete these required form fields:

Form I-821D: Name, Address, Date of Birth
Form I-765: Name, Address, Date of Birth, Eligibility Category

9. Provide all required supporting documentation and evidence – You must submit all required evidence and supporting documentation. These documents are required for USCIS to make a decision on your request. Please organize and label your evidence by the guideline it meets.

10. If you make an error on a form, start over with a clean form – USCIS prefers that you type your answers into the form and then print it. If you are filling out your form by hand, use black ink. If you make a mistake, please start over with a new form. Scanners will see through white out or correction tape and this could lead to the form being processed as incorrect, and lead to processing delays or denial.

11. Carefully review age guidelines before filing – If you have never been in removal (deportation) proceedings, or your proceedings have been terminated, you must be at least 15 years of age or older at the time of filing.

You cannot be the age of 31 or older as of June 15, 2012, to be considered for deferred action for childhood arrivals.

To ensure that your request is accepted for processing, it is important that you review your entire request package before you file with USCIS. A consultation with an experienced immigration attorney is highly recommended to confirm your eligibility, inform you of risks and watchouts, and advise you regarding future potential options to legalize your status and of the best evidence to submit (and not to submit) to increase your chances of approval of your Deferred Action request. Contact The Law Office of Tanya M. Lee today at 480-559-9529  for a confidential consultation.

The post Top 11 Filing Tips for Deferred Action for Childhood Arrivals appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

• August 1, 2012 –  DHS is expected to explain the application process
• August 15, 2012  Applications are expected to begin to be accepted
• Fees. $465 for both the work authorization and biometrics. However, there is a strong likelihood there will be a separate fee for deferred action.
• Maximum age for eligibility. Applicants younger than 31 on June 15, 2012 will be eligible to apply. DHS had previously indicated that applicants could not be over 30 in order to be eligible, which left many questions as to whether a person could be eligible until his or her 31st birthday, and whether the eligibility consideration was as of the date of application or the June 15, 2012 announcement. This has now been clarified.

The Law Office of Tanya M. Lee, PLLC will host a free conference call on Thursday, August 2, 2012 at 6:30 p.m. Pacific/Arizona time to discuss and answer questions about the application process announced by DHS. Space is limited to the first 95 callers.  You can dial in from any telephone at (559) 726-1000. The participant access code is 106826#.

The post DREAMer Deferred Action Applications Begin August 15, 2012 appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

• the couple is not yet married and the U.S. citizen seeks a fiance visa to bring the foreign national to the U.S. for marriage and to become a Legal Permanent Resident (green card holder).
• the couple is married and the foreign national spouse lives abroad or is in the U.S. but needs to apply for an immigrant visa at a U.S. Consulate abroad. This process is called consular processing.
• the couple is married and the foreign national spouse lives in the U.S. already and seeks to apply for a green card from within the U.S. This process is called adjustment of status.

Regardless of the scenario, there are some things that international couples can do in advance to prepare for filing the immigration paperwork. Following these tips  can help reduce the amount of time required to prepare and file the paperwork. This can make the process smoother, regardless of whether you plan to prepare the paperwork yourself or seek the assistance of an experienced attorney.

1. Document, Document, Document the romantic relationship  - gather or start taking pictures together, especially with family members and friends, and note the date and occasion of the photo; collect evidence of trips taken to visit each other or vacation together (airline boarding passes, hotel receipts, photos); track evidence of your communications, e.g., emails, letters, and phone calls; collect or take photos of engagement/wedding rings; select a few wedding/engagement party photos and include some of people who attended the ceremony (even if the wedding was performed before a judge) and/or any follow-up receptions or celebrations.
2. Start saving money – the government filing fees can be expensive, and additional costs include U.S. passport -style photos, costs to obtain and/or translate certain documents, travel costs to the U.S. Consulate or  local U.S. immigration offices; vaccinations and doctor’s fees for the required medical exam. You may wish to consult with an experienced attorney like Tanya M. Lee for assistance – need to factor that in too.
3. Check out the income requirements for the required Affidavit of Support well in advance to ensure that the US citizen or Legal Permanent Resident spouse can prove to the government that there is enough household income or assets such that the foreign national spouse will not seek government assistance/aid. If the US citizen or LPR sponsor cannot meet the Affidavit of Support requirements, seek a joint sponsor now. To see if you meet the income requirements, check out the current Poverty Guidelines here.
4. Gather the vaccination and medical history of the foreign national spouse/fiance in advance to save time when attending the required medical exam. This will also help save money – the applicant will not have to repeat vaccinations already taken just to pass the medical exam.
5. Start drafting statements of the relationship (for married couples) and statements of intent to marry within 90 days of the foreign national fiance’s arrival in the U.S. (for fiance visas).
6. Obtain the original or certified copies of required documents such as marriage certificates, birth certificates, divorce decrees or death certificates of prior spouses.
7. If any document you plan to submit is not written in English, obtain a certified translation (the translator must sign a statement certifying that s/he is competent in English and the other language, and that the document is an accurate translation of the original. The certification format should include the certifier’s name, signature, address, and date of certification. A suggested format is the following:

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date                                             Typed Name

Address

Working now to prepare for your fiancé or spouse’s immigration filing will save  you time in the long run. The process may help you identify missing documents which may take time to obtain. You may also  determine that there are issues or questions you may have that may require advice from an experienced immigration attorney.

SCHEDULE A LEGAL STRATEGY SESSION FOR ADVICE

The Law Office of Tanya M. Lee, PLLC is happy to offer advice  on or assistance with your fiance or spouse green card petition. To arrange a legal strategy session via telephone or Skype, please contact us or send an email to tlee@aboutusvisas.com.

TIPS FOR THE INTERVIEW

Check out this DVD for tips on the fiance visa and marriage-based green card interviews.

The post 7 Ways to Prepare Now For Your Upcoming Fiance Visa or Spouse Green Card Petition appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

The legislation, which was spearheaded by Rep. Howard Berman (D-Calif.), would grant Israelis E-2 investor visas, allowing them to live and work in the U.S. in order to be closer to their investments.  The legislation, signed on June 11, 2012, passed the House and the Senate in recent months.

However, the implementation of this visa category will not be effective until the terms and conditions of the final agreement are determined between the two countries.   The government will issue a press release as soon as the E2 investor visa is available to Israeli nationals.

Nonimmigrant Investor Visas In General

Section 101(a)(15)(E) of the U.S. Immigration and Nationality Act provides for visa status for nationals of countries that maintain an appropriate treaty of commerce and navigation with the United States or that is considered to be a treaty country under U.S. law.

There are two types of non-immigrant visas for individuals wishing to trade with or invest in the U.S:

1. Treaty Trader visa (E-1)
2. Treaty Investor Visa (E-2)

For a current list of countries with which the United States maintains a treaty of commerce and navigation and the type of investor visa available, click here.

A treaty trader/investor visa is not a substitute for an immigrant visa. Individuals wishing to remain in the United States indefinitely should apply for immigrant visas. The Eb-5 program offers Permanent Resident status or green card to foreign national investors. Click here for information on the Eb-5 immigrant visa program for investors. Treaty investor/trader 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.

Rules for Israeli Investors

1. Qualified treaty traders/treaty investors and their employees are allowed a maximum initial stay of two years.  Requests for extension of stay may be granted in increments of up to two years each.  There is no maximum limit to the number of extensions an E-1 nonimmigrant may be granted.  All E-1 and E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
2. Treaty traders /treaty investors and their employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.  Their nationalities need not be the same as the treaty trader or employee.  These family members may seek E-1 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.

Application Procedure  for Israeli Nationals

The post E-2 Investor Visas To Become Available for Israeli Nationals appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

Opinion: unless there is a strong risk of denial or a risk of loss of green card status or deportation, applying for citizenship via naturalization is always a better option than renewing the green card. Why? Because from a financial perspective, naturalization offers more benefits and provides a  better value/better bang for the buck than simply renewing the green card and remaining a U.S. Legal Permanent Resident.  

Here are six reasons why:

1. Naturalization is less expensive over time because there is no need for renewal. The current fee charged by the government to renew a permanent resident card (green card) is $450. Now compare that to the current $680 application fee to become a naturalized U.S. citizen. At first glance it will seem that naturalization is more expensive than renewing the green card. But let’s examine this further. Assuming the naturalization application is approved, this becomes a one-time of $680 fee versus a minimum of $450 you would have to pay every 10 years to renew your green card. And since immigration filing fees have increased dramatically in recent years, you can expect the cost to renew the green card to increase over time, almost certainly within the 10 year period before a new green card expires. A person may end up paying hefty green card renewal fees 2, 3, 4 or more times over a lifetime. Yikes!

2. Only Naturalization can protect you from removal (deportation). Citizenship is the ONLY protection from deportation (removal) from the U.S. The list of criminal offenses – many of them misdemeanors  and often involving no jail time – that can trigger removal is continually being expanded by Congress and judicial interpretation. A Legal Permanent Resident (green card holder) will always be subject to the possibility of removal from the U.S. or denied entry upon return to the U.S. for an infraction. As a U.S. citizen, however, the worst punishment one can face is imprisonment (or the death penalty depending on the state), but never deportation.

3.  Naturalization offers increased access to jobs and scholarships. Eligibility for federal jobs, especially those requiring a security clearance, are restricted to U.S. citizens; certain state law enforcement and other jobs are limited to U.S. citizens as well. Many private higher education scholarships and grants are also reserved for U.S. citizens only.

4. Your naturalization allows you to sponsor more family members for green cards, and your minor children may automatically become U.S. citizens.  A naturalized U.S. citizen can sponsor more categories of family members for green cards/immigrant visas than a Legal Permanent Resident (green card holder) can, and the wait times are generally much shorter. A LPR can sponsor a spouse and unmarried children (minors and adults) for green cards. In contrast, a U.S. citizen age 21 or older can sponsor a spouse, minor and adult unmarried children, parents, brothers and sisters (and their children), and adult married sons and daughters (and their children). Little Known Bonus: if a parent becomes a naturalized U.S. citizen before the 18th birthday of his or her child who is present in the U.S. in LPR status and in the parent’s legal and physical custody, that child automatically becomes a U.S. citizen as a matter of law.

5. With naturalization, international travel may be easier and you can stay outside the U.S. as long as you want. A U.S. passport, which you can receive once you become a naturalized citizen, can make international travel easier and eliminate the need for tourist visas to visit many countries. Also, U.S. citizens can remain outside the country for as long as they want and without restriction from the U.S. In comparison, U.S. Legal Permanent Residents must always prove that they continue to be “admissible” to the U.S. when returning from trips abroad and unfortunately can be denied entry even though they have a green card. Furthermore, LPRs always face the risk of losing their status if it has been determining they abandoned their permanent residency after living/working abroad or staying outside the U.S. for too long.

6. Naturalized citizens can effect real change through enhanced civic participation. Only U.S. citizens can vote in U.S. federal, state, and local elections, and only U.S. citizens can hold elected office. This is becoming an increasingly important and powerful benefit of naturalization, as state officials, Congress, and the President all influence and help shape future immigration legislation and current enforcement priorities, as well as enact many other laws that affect your finances and quality of life.

WARNING: NOT EVERYONE SHOULD APPLY FOR NATURALIZATION

These are all powerful reasons for every Legal Permanent Resident to at least strongly consider applying for naturalization. However, not everyone should apply, since the applicant must meet certain U.S. residence and good moral character requirements, and in most circumstances, must demonstrate a minimum proficiency in English and pass a civics Test. Most importantly, when applying for naturalization, you must submit to an FBI fingerprint check and your entire immigration and criminal history is re-opened for review. The risk of the immigration consequences of prior crimes can be different for Legal Permanent Residents versus naturalization applicants, and unfortunately each year many people apply for naturalization hoping for citizenship yet end up in removal (deportation) proceedings. Also, any prior misrepresentation or fraud in connection with an application for a visa, green card, or other immigration benefit will increase your risk of denial and/or deportation. Tip:  if you  have a prior criminal or immigration violation, request your FBI fingerprint record in advance and review the results with an experienced immigration attorney who will discuss the risks of applying for naturalization. See related article Immigration Tip: Check Your FBI Fingerprint Record.

CONCLUSION: PROCEED WITH CAUTION

As described above, the benefits of being a naturalized U.S. citizen far outweigh the benefits of remaining a Legal Permanent Resident. Before applying for naturalization, however, you should consult with an experienced immigration attorney to confirm your eligibility for naturalization, and to identify any risks of applying.

To determine whether naturalization is the right option for you at this time, complete this contact form, or contact The Law Office of Tanya M. Lee, PLLC for a consultation at tlee@aboutusvisas.com  or (480) 559-9529.

*** NEW: DO IT YOURSELF IMMIGRATION/NATURALIZATION ASSISTANCE

 Many people choose to submit the N-400 naturalization application on their own  – often to minimize the overall cost of the naturalization process. To support “Do-It-Yourself” applicants, the Law Office of Tanya M. Lee offers a maximum one-hour legal strategy session to educate you on the eligibility requirements, application process and fees, required forms and supporting documents,  potential red flag issues, and mistakes to avoid when filing the N-400 naturalization application.  See below for a resource video that can help you prepare for the naturalization test/interview.

The post Top 6 Reasons Why Citizenship is a Better Value Than A Green Card appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

I was actually a corporate attorney at the time, working with The Procter & Gamble Company (P&G). At P&G, I was fortunate to have the opportunity to live and work in Paris, France for a short international assignment.  By that time, my husband had received his green card as a U.S. Legal Permanent Resident (LPR) and was able to accompany me. Navigating our French work permits and resident cards, and trying to make sure my husband did not lose his LPR status while we were abroad was my second exposure to the field of immigration.

This time, however, I had the assistance of an immigration attorney provided by P&G, and the experience was much less complicated – at least on my end. The attorney figured out the legal stuff to facilitate my work visa, and advised on the impact of the work assignment on my husband’s LPR status and  future application for citizenship. Having an attorney figure out the legal stuff and give me questionnaires to complete so that the required forms and applications could be drafted was definitely a better experience than when I had previously navigated the system and prepared the fiance petition on my own.

So now in my practice I am especially fond of assisting couples with their immigration process. In general, the underlying life event – marriage, relocation, adoption, etc. – can be stressful enough; when adding the complicated rules and paperwork (not to mention the cost) of the immigration process, things can quickly become overwhelming. The couple is nervous about a possible denial of the green card or immigrant visa application, and the government officials can be intimidating. I enjoy explaining the process to couples, advising them of their options, providing filing tips that I have learned over the years, and most importantly, identifying risks and proposing solutions to increase the likelihood of approval.

Here is what one of my clients said about his experience, in response to my description of the marriage-based green card interview for my husband:

“I can empathize with you on the tension and stress leading up to the interview day.  

 

As you know, we just had our interview.   The days leading up to the appointment were filled with the preparation of all the documents and photo albums and contingency planning and figuring out who can pick up the kids after school if the interview runs late, etc., etc., etc.  Not to mention trying to keep all our normal business in order.

 

I believe that really good preparation is the key.  There is no way to predict what may be asked in the interview.  With the help of your expert direction, I believe we had any and all material that might be requested in our hands for the meeting.

 

And like you, we quizzed each other back and forth on those critical dates and important events in our lives.  I’m good with dates, my wife is not.

 

Even so, I almost forgot the date of our anniversary when the interviewer asked me.  This was one of the first questions that I was asked and I almost blew it.

 

Having you with us for this interview was both confidence inspiring and comforting. After maybe fifteen minutes of questions and answers, I was almost shocked when the interviewer stopped and said, “OK, I’m recommending approval for your application, congratulations”.  

 

The feelings we felt afterwards were of relief and thanks.  The uncertainty of the future of our family was removed.  No more worrying about what we were going to do if the applications were denied.  We were thankful for having you with us for this process.  It’s a day that will remain among the most significant in our lives.”

And I too, shared in their joy as there were congratulatory hugs and kisses all around. My ability to help couples like this and be a part of the dramatic change in their family life, i.e., obtaining the legal right for the foreign national spouse to live and work in the U.S. permanents – well it gets me up early in the morning and motivates me to work late into the night.

Every time I receive notice of a client’s approval for a green card or an immigrant visa, it takes me back to the days when my husband was approved for the fiance visa, approved for the green card, approved for the Removal of Conditions of Residence, and approved for citizenship at the oath ceremony.

These were wonderful, joyous occasions, and I am pleased to be able to enjoy them all over again through my clients. Every day I feel so fortunate and blessed to have the knowledge and experience to provide this important service to couples. I get more satisfaction from my clients than they will ever know, and I thank all of them for allowing me the opportunity to assist

The post Why I Love Helping Spouses Get Green Cards appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

The post Live blog: Supreme Court strikes down immigration law appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

The post Mi Familia Vota – Help with Naturalization Forms appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

Naturally, many people who believe they may qualify are wondering, “what can I do now in order to be able to apply as soon as the government begins accepting requests?” Here are three suggestions.

Three Things You Can Do Now to Prepare

• Stay out of trouble. To be eligible for the relief under this new policy, you must not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offense, or otherwise pose a threat to national security or public safety. If you do not have any prior criminal offenses, that’s great – be sure to keep it that way.
• Save money. The government has not indicated whether there will be filing fees associated with this request, but it has already indicated the following:

• A background check (including biometrics/fingerprinting) will be required,
• A person eligible for this relief will be eligible for a work permit.

Currently, the fee for biometrics is $85, and the fee for a standalone work permit application currently is $380. It remains to be seen whether these fees will apply for this policy, and whether or not additional filing fees will apply, but you can bet there will be some fees charged by the government to review your request. In addition, you may want or need to hire an experienced immigration attorney, such as The Law Office of Tanya M. Lee, to confirm your eligibility, advise you on the documents you need to submit to prove your eligibility, prepare the forms and letter advocating why you should be granted the relief, and to correspond and negotiate with the government on your behalf. This means you should budget for legal fees as well. In sum, start saving money for this investment in your future – you will be able to pay yourself back through your legitimate earnings after you receive your work permit.

• Start gathering documents to prove you qualify. There will be many documents you will need to provide to the government to prove you are eligible for relief and the work permit under this new policy. Don’t wait until the government announces it is ready to accept applications – get started now on gathering your documents. Below are the eligibility criteria followed by a checklist of documents that you can begin to gather now to prove your eligibility.

Eligibility for Deferred Action (Temporary Protection from Removal/Deportation)

According to Department of Homeland Security’s Secretary Janet Napolitano’s memo issued June 15, 2012, in order to be eligible for deferred action for a period of two years (renewable), individuals must:

1. Have come to the United States under the age of sixteen;
2. Have continuously resided in the United States in the United States for at least five years preceding June 15, 2012 and have been present in the United States on June 15, 2012;
3. Currently be in school, have graduated from high school, have obtained a general education development certificate, or be honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
5. Not be above the age of thirty.

Preferred Documents to Submit as Proof of Eligibility – Begin Gathering Now!

1.  To prove you came to the U.S. under age 16 …

             … collect financial/bank records, medical records, school records, employment records, military records.

2a.  To prove you have continuously resided in the U.S. for the last 5 years prior to June 15, 2012 …

              … collect financial/bank, medical, school, employment, and military records.

2b. To prove you were present in the U.S. on June 15, 2012…

             … collect financial/bank, medical, school, employment, and military records.

3a. To prove you are currently in school, have graduated, or obtained your GED certificate…

             … collect diplomas, GED certificate, report cards, and school transcripts.

3b. To prove you are an honorably discharged veteran of the Coast Guard or Armed Forces

            … collect your report of separation form, military personnel records, military health records.

4. To prove you have not been convicted of certain disqualifying criminal offenses … 

           … gather court records and police reports for an analysis by an attorney to determine your eligibility prior to application; be prepared for the government’s background check including fingerprinting 

5.  To prove you are not older than thirty… 

        … obtain the original or certified copy of your birth certificate listing your parent(s); if not in English, get a certified English translation

CONSULT WITH AN EXPERIENCED IMMIGRATION ATTORNEY BEFORE APPLYING

Before submitting a request for deferred action under this new policy, it is important for you to understand what the new policy can and cannot offer you, what the risks are of applying, the eligibility requirements and the supporting documents needed to prove you qualify, and the process, timing, and fees involved in making the request.

To have an experienced attorney assess your eligibility, or if you have any further questions including which documents you should submit to prove eligibility in your specific case, please fill out our contact form or contact The Law Office of Tanya M. Lee, PLLC at info@aboutusvisas.com, (480) 559-9529 (English) and (623) 349-1351 (English and Español). The firm is authorized under federal law to assist clients located in all 50 U.S. states and abroad with matters of immigration and nationality law.

The post Top 3 Things You Should Do To Prepare for the Obama Deferred Action Policy appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

WASHINGTON— La Secretaria de Seguridad Nacional, Janet Napolitano, anunció hoy que con vigencia inmediata, ciertos jóvenes que entraron en los Estados Unidos siendo niños jóvenes, que no presentan un riesgo para la seguridad nacional ni para la seguridad pública y que cumplen con varios criterios clave serán considerados para recibir alivio contra la deportación o contra el inicio del proceso de deportación. Aquéllos que demuestren que cumplen con los criterios serán elegibles para recibir la acción diferida durante un período de dos años, sujeto a renovación, y serán elegibles para solicitar la autorización de empleo.

“Las leyes de inmigración de nuestro país deben hacerse cumplir de una manera firme y sensata”, comentó la Secretaria Napolitano. “Pero no están diseñadas para hacerse cumplir ciegamente sin tener en cuenta las circunstancias individuales de cada caso. Ni están diseñadas para deportar a jóvenes productivos a países donde puede que no hayan vivido nunca o que ni siquiera hablen el idioma. En estos casos, la discreción, la cual se utiliza en tantas otras áreas, está especialmente justificada”.

El DHS continúa centrando sus recursos de aplicación de la ley en la deportación de individuos que presentan un peligro para la seguridad nacional o la seguridad pública, incluidos inmigrantes condenados por delitos, criminales violentos, delincuentes y transgresores reincidentes de la ley de inmigración. La acción de hoy mejora aún más la capacidad del Departamento para centrarse en estas deportaciones de máxima prioridad.

Bajo esta directiva, los individuos que demuestren que cumplen con los siguientes criterios serán elegibles para el ejercicio de la discreción, específicamente la acción diferida, considerado caso por caso:

1. vino a los Estados Unidos siendo menor de dieciséis años de edad;
2. ha residido ininterrumpidamente en los Estados Unidos durante al menos cinco años antes de la fecha de este memorándum y está presente en los Estados Unidos en la fecha de este memorándum;
3. está asistiendo actualmente a la escuela, se ha graduado de la enseñanza secundaria, ha obtenido un certificado de desarrollo de educación general, o es un veterano que ha sido dado de alta con honores de los Guardacostas o las Fuerzas Armadas de los Estados Unidos
4. no ha sido condenado por un delito mayor, un delito menor significativo, múltiples delitos menores ni representa una amenaza para la seguridad nacional o la seguridad pública;
5. no es mayor de treinta años de edad.

Sólo aquellos individuos que puedan demostrar mediante documentación verificable que cumplen con estos criterios serán elegibles para la acción diferida. Los individuos no serán elegibles si no se encuentran actualmente en los Estados Unidos y no pueden probar que han estado presentes físicamente en los Estados Unidos durante un período no inferior a 5 años inmediatamente anterior a la fecha de hoy. Las solicitudes de acción diferida se decidirán individualmente caso por caso. El DHS no puede dar ninguna garantía de que dichas solicitudes sean concedidas. El uso de la discreción procesal no otorga ningún derecho fundamental, estatus migratorio ni camino hacia la ciudadanía. Solo el Congreso, actuando a través de su autoridad legislativa, puede otorgar estos derechos.

Aunque esta guía entra en vigor inmediatamente, se espera que USCIS e ICE comiencen la implementación del proceso de solicitud en un plazo de sesenta días.

A los individuos que ya estén en el proceso de deportación y se haya demostrado que cumplen con los criterios de elegibilidad y se les haya ofrecido el ejercicio de la discreción como parte de la revisión individual en curso de casos de ICE, ICE comenzará a ofrecerles inmediatamente la acción diferida durante un período de dos años, sujeto a renovación.

Para obtener más información y asistencia, por favor póngase en contacto con la abogada de inmigración Tanya Lee al 623.349.1351 y tlee@aboutusvisas.com.

The post Presidente Obama Autoriza Permisos de Trabajo y Elimina Deportaciones Para Personas entre 15 y 30 Años de Edad appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.

“Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Secretary Napolitano. “But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.”

DHS continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders. Today’s action further enhances the Department’s ability to focus on these priority removals.

Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:

1. Came to the United States under the age of sixteen;
2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Are not above the age of thirty.

Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.

While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days.

For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.

 IMPORTANT: Secretary Napolitano has provided assurance that the parents of eligible youth should not be afraid that they will become subject to deportation proceedings when their children apply for this relief. The government will not go after the parents, but note that the parents cannot take advantage of this policy. Please also note that while this policy provides relief from deportation and work authorization to eligible youth, it does not provide the person with an immigration status.

For further details and assistance, please fill out our contact form  or contact us directly at The Law Office of Tanya M. Lee, PLLC at 480.559.9529 (English) or 623.349.1351 (español) and tlee@aboutusvisas.com.

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How Long is Too Long?

I spent months on the phone with the government trying to get the case “unstuck.” No one could or would tell me anything useful to get the case moving. Apparently one Regional Service Center of the U.S. Citizenship and Immigration Services (USCIS) was waiting on a file from another Regional Service Center. Finally, some USCIS agent took pity on me and gave me a tip – of course with the caveat that he would deny that he ever told me: your Congressional representative has a dedicated immigration liaison who can assist you when you can’t get resolution of your immigration case through the usual channels.

Congressional Help for Immigration

When a Congressperson inquires with immigration officials into a case on behalf of a constituent, the government is obligated to respond to the Congressperson within 10 days.  After 8 months of no progress, after I enlisted my Congressman for help,magically the Service Centers began sharing the necessary information and our fiancé petition began moving through the process. I wish I had known that tip six months earlier.

The post Why I Practice Immigration Law For Couples, Part 4: When All Else Fails Call Your Congressman appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

Proof of Upcoming Wedding

At the interview at the Consulate, my then-fiance was armed with boarding passes, airline tickets of my visits to see him in his country, pictures we had taken together, endless pages of telephone records, romantic emails, etc. Surely all of that would be persuasive evidence of an engagement, right? Maybe. But what did the Consular officer check during the visa interview? The The Knot website page that we had set up to alert friends and family of the U.S. wedding ceremony details should the visa get approved. The Consular officer actually excused herself from the interview, went to a nearby office to get on the , and typed in the web address to confirm there was an actual listing of our engagement with a description of our planned nuptials. Convinced this was a true relationship, she immediately approved the visa.

The post Why I Practice Immigration Law for Couples, Part 3: How a Website Helped Get Fiancé Visa appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

Marriage-Based Green Card Interview Almost Leads to Breakup (No, Not Really)

On the day of our marriage-based adjustment of status interview with USCIS for my husband’s green card, we were so stressed out we had started arguing and almost were not speaking.

To prepare for the interview, we  had been quizzing each other on those pieces of information one spouse is supposed to know about the other – family member’s names, our birthdays (my husband still to this day never remembers mine), our favorite colors, where we went to school, what side of the bed we sleep on, etc. Just before our interview, an immigrant in the waiting area told us that the interviewer might ask us very personal, intimate questions.  My husband refused to answer THOSE type of questions. I of course was desperate for the green card to be approved, so I kept insisting that he just answer the question even if he found them intrusive or offensive. My husband was having none of it. In his opinion, it was not the government’s business to ask private details of married folks, and he was going to say just that if asked. The government could deny his green card but he did not care. He would just go back to his home country, he said. I was frustrated that he would not cooperate. He was angry that I would even consider asking him to answer such questions.

Angry beyond words = green card approved!

We definitely were not the picture of a loving couple. We sat with folded arms and tight lips – just awful body language. We glared at the interviewing officer, just waiting for a “none of your business” question. I just knew we were not going to pass the interview. But to my surprise, the immigration officer asked just three simple questions, none of which were personal, offensive, or intrusive. She then said, “o.k. I am recommending approval of your green card” to my husband, and that was it. “That’s it?” we asked. “That’s it.” I swear I think that she was convinced of our true marriage because we were so obviously frustrated with and ticked off at each other. How’s that for evidence of a bona fide marriage? (Disclaimer: I do not recommend or advise being angry with your spouse during a marriage-based immigration interview).

The post Why I Practice Immigration Law for Couples, Part 2: Love Tension Is In the Air = Green Card Approved! appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

My Personal Experience with Immigration

At the time I was practicing in a different area of law, and this was my first exposure to immigration. As an attorney I thought “surely I can do this myself; it can’t be too complicated.”  Boy was I wrong. I found the entire process confusing, misleading, adversarial, and way too difficult for two people in love who just wanted to live together in the United States. Reading the instructions to the forms was not helpful enough – the entire process seemed to be loaded with pitfalls, booby-traps, and ambiguous questions and instructions. On top of that the pressure on me was intense: my then-fiance was relying on me – the native English-speaking American attorney- to understand the requirements and correctly file the necessary paperwork to get him to the States. Sure, no problem, right? Wrong.

Avoid Dangerous Temptations

Which Country to Get Married for Immigration Purposes?

Utilize My Experience

The post Why I Practice Immigration Law for Couples, Part 1: How I Imported My Husband appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

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Upcoming Events

Mi Familia Vota indicates that the Forum was a success and that over 100 informed participants have scheduled appointments for the next Naturalization Assistance Workshop, to be held April 23 at the same location. For more details on Naturalization Assistance Workshops and Educational Forums offered by Mi Familia Vota, please contact Abigail Duarte at abigaild@mifamiliavota.net or (602) 263-2030. To check out the organization’s website, click HERE.

Below are a few video clips of the event.  If you would like additional information, please contact us here.

Mi Familia Vota, Part 1 of 4

Mi Familia Vota, Part 2 of 4

Mi Familia Vota, Part 3 of 4

Mi Familia Vota, Part 4 of 4

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Visitors traveling under the Visa Waiver Program (VWP):

• If you are at an airport, contact the U.S. Customs and Border Protection office at the airport.
• All others, please visit the local U.S. Citizenship and Immigration Services office.

Visitors traveling under a nonimmigrant visa:

• Visit the local U.S. Citizenship and Immigration Services office.
• Bring your passport, evidence that you are stranded (such as an itinerary for the cancelled flight), and your I-94 departure record.

For additional immigration relief options, please visit the Special Situation page.

The post Relief for Japanese and Others Stranded in the US appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

Natacha’s Qualifications

Natacha’s diverse background allows her to work with a broad spectrum of client needs. She strives to help each one attain a positive outcome and achieve their immigration goal. Natacha looks forward to bridging the language gap that precludes many non-English speaking clients from fully communicating their needs and understanding their rights. Natacha can be reached at natacha@aboutusvisas.com and 480.818.6204.

Français

Le cabinet d’avocats Tanya M. Lee, PLLC est heureux d’accueillir la procureure multilingue Mme Natacha Andrews, en tant qu’avocat-conseil. Natacha est membre du Barreau de l’État du New Jersey et est titulaire d’un double baccalauréat en journalisme et en sciences politiques de l’Université Rutgers. Natacha détient aussi un doctorat Juris obtenu de la Howard University School of Law à Washington, DC. Elle parle couramment le français et le créole haïtien. Natacha Andrews fait partie de cette première génération de juristes américains ayant une expérience personnelle qui lui permettra de répondre aux questions et préoccupations des immigrants.

Sa expérience diversifiée lui permet donc de travailler au niveau d’un large éventail de besoins des clients. Et elle mettra tout en œuvre afin d’aider chacun à obtenir un résultat positif et à atteindre leur objectif d’immigration. Natacha se réjouit de combler le fossé linguistique qui empêche de nombreux clients non anglophones de communiquer adéquatement leurs besoins et de comprendre leurs droits. Natacha peut être rejointe à natacha@aboutusvisas.com et 480.818.6204.

Kreyòl Ayisyen

Biwo nan Lwa Tanya Lee M., PLLC se kontan akeyi milti-bileng avoka Natacha Andrews tankou Avoka. Natacha se yon manm Bar nan Eta New Jersey epi se pale an franse, ak kreyòl ayisyen. Natacha resevwa diplòm bakaloreya doub l ‘la nan Jounalis ak politik Syans soti nan Inivèsite Rutgers, epi l ‘ juris doktora nan Howard School University of Law nan Washington, DC. Natacha se yon jenerasyon premye Ameriken yo ak pèsonèl eksperyans fè fas ak enkyetid imigran ak pwoblèm.

Background divès Natacha a pèmèt li nan travay ak yon espèk laj de bezwen kliyan. Li chèrch ede chak atenn yon rezilta pozitif ak reyalize objektif imigrasyon yo. Natacha sanble pou pi devan pou opozisyon defisi nan lang ki entèdi anpil kliyan ki pa pale angle nèt nan kominike bezwen yo ak konprann dwa yo. Natacha ka rive nan natacha@aboutusvisas.com ak 480.818.6204.

The post Firm Welcomes French/Haitian Creole Attorney Natacha Delinois Andrews appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

Your Federal Bureau of Investigation or FBI fingerprint record contains information about your criminal history (if any).  Additionally, it may also include documented immigration violations.

When to Obtain Your FBI Fingerprint Record

Obtaining this record is critical if you are considering applying for certain immigration benefits in the United States, such as

1. Applying for adjustment of status to permanent resident (green card)
2. Removal of conditions on permanent residence
3. Renewal of the permanent resident card (green card)
4. Naturalization application for U.S. citizenship

Why Should I Obtain My FBI Fingerprint Record?

When the government reviews your application/petition, you will be subject to a background investigation. If you have committed certain offenses in the past, the government may determine that you are ineligible for the immigrant benefit for which you are applying and deny the application.

However, depending on the seriousness and/or number of offenses, you may also be subject to deportation/removal proceedings. Some crimes that should be analyzed for their potential immigration consequences include the following:

1. Theft offenses
2. Drugs/controlled substances
3. Firearms and other deadly weapons
4. Crimes of violence
5. Domestic violence
6. Offenses against minors
7. “Crimes involving moral turpitude” (a legal term of art)
8. Certain convictions/pleas which could have had a possible sentence of more than 1 year (even if the sentence was less)
9. Multiple convictions of certain types of crimes
10. Traffic violations involving an arrest (including certain DUIs)

Prior criminal violations may be problematic even if you only had probation, pled guilty and paid a fine, entered into a diversionary program or alternative sentence to avoid jail, and even if the conviction was expunged. You will want to know what is contained in your FBI fingerprint record because this is the same information the government will review when considering your application. Knowing in advance exactly what the government will “uncover” about you allows you to:

1. Reconsider applying for a certain benefit based on the offenses you may have committed
2. Prepare explanations regarding certain offenses you may have committed
3. Correct and/or explain any incorrect information about your criminal history.

Need Additional Help?

The Law Office of Tanya M. Lee, PLLC can help you obtain your FBI fingerprint record for a nominal fee. Furthermore, once your FBI fingerprint record is available, you can consult with our firm for an analysis of the results – specifically, how any prior crimes listed in your FBI fingerprint record might impact your immigration application and future immigration goals.

To determine whether naturalization is the right option for you at this time, complete this contact form, or contact The Law Office of Tanya M. Lee, PLLC for a consultation at tlee@aboutusvisas.com or (480) 559-9529. For assistance in Spanish please contact 623-349-1351 or espanol@aboutusvisas.com.

*** NEW: DO IT YOURSELF IMMIGRATION/NATURALIZATION ASSISTANCE

Many people choose to submit the N-400 naturalization application on their own – often to minimize the overall cost of the naturalization process. To support “Do-It-Yourself” applicants, the Law Office of Tanya M. Lee offers a one-hour maximum legal strategy session to educate you on the eligibility requirements, application process and fees, required forms and supporting documents, potential red flag issues, and mistakes to avoid when filing the N-400 naturalization application. See below for a resource video that can help you prepare for the naturalization test/interview.

The post Caution: Check Your FBI Fingerprint Record Before Applying for Citizenship or a Green Card appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

The question: does the sponsor have to live in the U.S. to file the petition for the relative?  The answer: technically, yes, but the sponsor can prove “intent to domicile” in the U.S. even while still living overseas.

Section 213A of the Immigration and Naturalization Act of the United States of America requires that in order to sponsor an alien for legal permanent resident status in the United States, the sponsor must be domiciled in the United States.

Domicile Definition for Immigration

“Domicile” means the place where a sponsor has his of her principal residence, with the intention to maintain that residence for the foreseeable future.

Proving or Establishing Domicile

To prove, establish or reestablish domicile, a sponsor must set up a principal residence in the United States.  This would entail obtaining a residence (house or apartment) and taking up physical residence.  There is no minimum time required to establish residence, but a credible demonstration of an actual residence in the United States is required.

“Intent to Domicile” for U.S. Citizens Returning from Overseas

A convincing combination of the following types of action might be considered as an indication of a U.S. citizen’s “intent to domicile” in the U.S.:

1. Establishing an address in the United States
2. Setting up and maintaining bank accounts in the United States
3. Transferring funds to the United States
4. Making and maintaining investments in the United States
5. Seeking employment in the United States
6. Applying for a social security number
7. Voting in U.S. local, state, or federal elections
8. Enrolling children in U.S. schools
9. Paying U.S. income taxes
10. Taking steps to relinquish residency in a foreign country

*The domiciliary requirement applies to the petitioner, sponsor and joint sponsor(s)

Domicile is a complex issue and is determined on a case-by-case basis.  The burden of proving domicile lies with the U.S. citizen sponsor, who must offer evidence sufficient for the adjudicating officer to make a finding.  A finding regarding domicile is an evidentiary question that will be unique to each applicant, and it is within the delegated authority of the consular or USCIS officer to make such a determination at his or her professional discretion.

The post How Does a US Citizen Living Abroad Prove “Intent to Domicile” in the U.S for Green Card Sponsorship? appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

What is a “Bona Fide” Marriage for Immigration Purposes?

A bona fide marriage, according to the government, is one that was not entered into for the sole purpose of acquiring an immigration benefit. What’s the legal test the government uses to determine if a marriage is “bona fide”? Answer: the couple must show that at the time they got married, their goal was to create a real marital relationship and not to commit immigration fraud.

What happens if USCIS determines the couple committed marriage fraud? The couple risks severe penalties – including, for the foreign national spouse, a  lifetime bar on immigrating the U.S. through any kind of visa petition in the future; potential imprisonment (jail) for up to 5 years; and a possible fine of up to $250,000. The jail time and fine can apply to the U.S. citizen or Legal Permanent Resident spouse as well as the foreign national spouse.

Real Life Examples of Marriage Fraud Cases

Mexican actress Fernando Romero and her American husband  were arrested in April 2010 and charged with marriage fraud for allegedly trying to gain legal residency and a work permit for her by marrying each other. Federal authorities claim the couple never lived together and one month after the 2005 marriage the actress allegedly began dating, and eventually moved in with, a fashion photographer.

A federal grand jury in Norfolk recently indicted 17 individuals on charges connected with, what officials say, was a broad conspiracy scheme to recruit U.S. Navy sailors l to engage in fraudulent marriages to Russian women.

In 2008, Operation “Knot So Fast” resulted in the government’s arrest of more than 80 people alleged to be involved in various marriage fraud conspiracies throughout Florida. Some of the sham marriages were arranged by individuals who would “coach” those committing the fraud on how to make their marriage appear legitimate. They even had wedding dresses on hand, fake cakes, and preset staging for pictures.

One of the largest marriage-scam busts occurred one year after 9/11.  As a result of “Operation Broken Vows,”  in October 2002 107  American women in the Carolinas and an equal number of Middle Eastern men living illegally in the U.S. from Boston to North Carolina were charged with marriage fraud. Six organizers were also arrested, charged with facilitating the payment of $1,000 to $6,000 to the women for their cooperation. The couples often met just before walking into probate court to get married, and went their separate ways as soon as they walked out.

The government’s commitment to rooting out marriage fraud is grounded in security concerns. “Marriage fraud will not be tolerated. It is a direct attack to the national security of the United Sates,” said Kathy Redman, District Director of U.S. CIS in Tampa during Operation Knot so Fast. “The process of detection of marriage fraud begins the moment an application is submitted to our agency and later when a couple comes to our offices for a marriage interview. So beware. The job of our adjudicators is not just to grant or not an immigration benefit. It is also, and most definitely, keeping our country secure.”

In sum, besides being illegal, engaging in immigration marriage fraud is just simply a bad idea. It is difficult to be in a sham marriage and escape discovery from the government during the petition  and interview process.  The punishment includes jail time and hefty fines which usually far exceed any payment that may have been received for the transaction.  A later determination of permanent residence acquired through a prior fraudulent marriage will likely result in the government taking away the foreign national’s green card and/or denying a naturalization petition, which could land the foreign national in deportation proceedings if not jail. So just don’t do it. In upcoming posts, we will discuss what the government looks for as evidence of marriage fraud and what a couple can do to prove that the marriage is bona fide.

The post Just Say No to Immigration Marriage Fraud appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

[pb_vidembed title="The Future of Comprehensive Immigration Reform" caption="" url="http://www.youtube.com/watch?v=WNsdUrP1j30" type="yt" w="480" h="385"]

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Interview on President Obama’s Birth Certificate

I was recently interviewed by Attorney Shimane Smith on his radio show, “Nothing But the Truth.” I fielded questions about the controversy surrounding President Barack Obama’s birth certificate, specifically why under the U.S. Constitution it matters whether he was born in Hawaii or Indonesia. This is a fascinating aspect of nationality law, and I explain the constitutional requirement that a U.S. President be a “natural-born citizen,” not a naturalized citizen or a U.S. citizen born “abroad.” I also discuss how this requirement has relevance to both John McCain and Arnold Schwarzenegger as well.

In the second part of the interview, I talk about options for immigration relief  for victims of domestic violence as well as some of the immigration consequences of criminal conduct, including removal (deportation) for even long-term Permanent Residents (green card holders) for seemingly minor violations or misdemeanors. Please click on the audio file below to hear the interview.

In an upcoming post I will share a second interview where I discuss marriage fraud and tips for a successful green card interview for foreign nationals married to U.S. citizens.

The post Obama and his birth certificate appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

What is the EB-5 Immigrant Investor Program?

The EB-5 Immigrant Investor Visa allows a foreigner to obtain Permanent Residency (Green Card) by investing in a business that will benefit the economy and create at least 10 full-time jobs.  Typically, the investment required is $1 million, but this amount can be lowered to $500,000 if the investment is made in “target employment areas.”

What is the Advantage of Investing Through a Regional Center?

The Regional Center Pilot Program allows foreign investors to put their money in a Regional Center (as opposed to a specific business under the regular EB-5 program).  Typically, these Regional Centers are in “target employment areas” which means that the investment required is $500,000 instead of $1 million.  The advantages of investing in a Regional Center are that there is no requirement that the investor engage in the day-to-day management of a business, the jobs created by the investment can be direct or indirect, and the investor need not reside in the same area as the Regional Center.

Additionally, some Regional Centers offer “payment plans” for individuals in case the full $500,000 cannot be delivered by the investor up front.  It is possible to provide a portion of the investment initially and the balance to be paid within a period that is agreed upon by the Regional Center and the investor.

There are a wide variety of businesses/industries that Regional Centers across the US engage in.  It is thus possible for one to find a Regional Center that is generating jobs in an area that one wishes to help generate commerce as well as an industry that one wishes to be involved in.

How Does One Apply to Become an EB-5 Immigrant Investor?

With the EB-5 Investor Visa program works an investor submits a petition with the United States Citizenship and Immigration Services (USCIS).  Along with the petition, documentation regarding the enterprise to be invested in, the source of the investment (i.e. funds obtained through lawful means), and business plans indicating how the enterprise will create at least 10 jobs, among other items, will need to be submitted.

What Happens After the Petition is Approved?

When USCIS approves the petition, the foreign investor can become a conditional Permanent US Resident for two years (if residing outside the U.S., the investor and eligible immediate family members use the approved petition to apply for visas to emigrate to the U.S. at a Consulate.)  Prior to the expiration of the conditional residency, the foreign investor must demonstrate to USCIS that he or she actually invested the required capital, that the enterprise was sustained during the period, and that at least 10 full-time jobs were created or are expected to be created within a reasonable amount of time.

The EB-5 Investor visa is not for everyone, but for those who qualify, it is certainly a quick (USCIS is reporting processing times of 5 months) and attractive option that allows a foreign petition to self-petition for a green card (without being sponsored by an employer or family member).  Given the  relatively weak US Dollar vis-a-vis many foreign currencies, there has never been a better time to invest in the US.

For additional information, contact The Law Office of Tanya M. Lee, PLLC at tlee@aboutusvisas.com to find out how you can invest to become a U.S. Permanent Resident.

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Technical note: These videos have chapter markers, links to sites and commentary to aid audience questions.

The post PodCamp AZ Event: Blogging and Social Media for Businesses appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

Please start at 2:20 min into the 1st video.

Part 1

Part 2

Watch live video from podcampaz on Justin.tv

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Exception to the Rules

Some people are exempt from this requirement, such as age 50+ who have been green card holders for 20 years, or those who are age 55+ who have been green card holders for 15 years.  In addition, people who have a physical or mental impairment may qualify for a waiver of the tests.

To see if you are eligible for a waiver, and for any other legal assistance with citizenship, green cards, and visas, contact The Law Office of Tanya M. Lee, PLLC. 480-559-9LAW;  info@aboutUSvisas.com.

The post Skip English or Civics Test and Become a Naturalized Citizen appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

Support letters can be very helpful in immigration, particularly when seeking naturalization (citizenship), a waiver of something that prevents you from obtaining a visa to enter the country, or when fighting removal (deportation). Strong support letters are critical if there is anything in your background that may lead to discretionary denial of the benefit or relief you are seeking. A number of solid support letters may favorably influence the consular or immigration officer or judge, and are well worth your time to arrange.

Consider asking your current and any past employers, family members who are U.S.citizens or legal permanent residents, the elected officers of any organizations to which you belong, friends and neighbors– in short, anyone who can provide a good character reference for you.

What makes a good support letter?

The letter should include the following:

1. The citizenship status of the author or writer
2. The nature of the relationship with you (Example: friend, co-worker, supervisor, etc)
3. The length of time the author has known you (10 years, 2 months, etc)

For example,

I am a U.S. citizen and I have been Mr. X’s employer for the past five years.

The purpose of the letter is to provide a good character reference for you, and may include details concerning the your involvement with charitable causes, anecdotes concerning the subject’s deeds to help friends and neighbors, or stories showing the your dependability and care of family members.Alternatively,a letter may present a specific economic, emotional, or other hardship the author of the letter will face if the you are denied the specific immigration relief or benefit being sought.

Where to get a good letter?

Letters from employers should be on company letterhead, and letters from organizations should be on the organization’s letterhead, if one is available. All letters should be originals, if possible, and signed by the author in blue or black ink.

The few minutes it takes to request a support letter from a friend, employer, or colleague may mean the difference between achieving your immigration goal and missing it, and you may be surprised how many people are willing to help you.

For advice on preparing strong support letters for visa or green card interviews or when fighting removal (deportation), contact The Law Office of Tanya M. Lee, PLLC at info@aboutusvisas.com or 1-888-628-0644 and 480-559-9LAW (529).

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The Diversity Immigrant Visa program is an annual lottery, conducted by the State Department, to distribute applications for 50,000 diversity visas (DV). Winners are randomly selected from on-line entries and there is no fee to enter. There are, however, strict eligibility requirements: entrants must be from countries with low immigration rates to the U.S. (see below), as this is the purpose of the program. Winning the lottery entitles the entrant to apply for an immigrant visa to enter the U.S., which is why the lottery is sometimes called the “Green Card Lottery.”

Entries are now being accepted, and the deadline for entering is November 30, 2009, at 12 noon Eastern Standard Time. Applicants must enter on-line at www.dvlottery.state.gov

Who may enter? Applicants must meet requirements in two categories:

Natives of the qualified countries may enter, as well as their spouses, as long as both native and spouse are on the same entry, are issued visas, and enter the U.S. at the same time. Alternatively, if you are a native of an ineligible country, but neither of your parents is a native of that country or lived there at the time of your birth, you may claim nativity in one of your parents’ countries of birth if that country is eligible.

(2) Entrants must either be a high school graduate or have successfully completed a 12-year course of study including elementary and secondary education, OR have two years of work experience within the past five years in an occupation requiring at least two years of training. GED certificates and correspondence courses will NOT satisfy this requirement. To find out if your job experience qualifies, visit the O*Net Online Database (http://online.onetcenter.org/), click on “Find Occupations,” and then choose a selection in the “Job Family” drop-down box and click on “GO.” The database will display a list of occupations. Click on an occupation title, and then click on the words “Job Zone” at the top of the page. Under the section titled “Job Zone,” look for a job zone number of 4 or 5, and an SVP range of 7.0 or higher.

What countries are eligible?

All countries EXCEPT: Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, South Korea, the United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Hong Kong SAR, Macau SAR, and Taiwan ARE eligible, as well as countries not included in the list above.

You may submit only one entry, and you may complete the process yourself or have someone submit the entry for you. Although no one can guarantee that your entry will be chosen, you can ensure that your forms are completed correctly. Contact The Law Office of Tanya M. Lee, PLLC at 480-559-9529  ; tlee@aboutusvisas.com for assistance.

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Initially, the expiration date for Salvadoran EADs was March 9, 2009. USCIS automatically extended this EAD validity period to September 9, 2009. Issuance of the interim EADs will allow TPS beneficiaries to continue working while USCIS completes the processing of their re-registration applications.

USCIS has already processed over 99.5% of the Salvadoran re-registration applications for the current TPS designation period ending September 9, 2010. This includes a substantial number of re-registration applications filed after the re-registration period closed. A small number of pending re-registration applications are still under review by USCIS and awaiting further information from the applicants. Applicants who received requests from USCIS for additional information should respond promptly within the time period described in the USCIS notice received by the applicant.

Any applicant who receives an interim EAD must still respond to any USCIS requests. This includes requests for additional evidence, documents, or biometric/fingerprint appointments. In order to maintain employment authorization through September 9, 2010, an applicant must respond to any USCIS requests in order to resolve all issues so that a new EAD can be provided.

Applicants can check the status of their cases by visiting the USCIS website at www.uscis.gov. They can also call the USCIS National Customer Service Center toll-free number at 1-800-375-5283

The post Interim Employment Authorization Documents Provided for Nationals of El Salvador appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

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Tucson, AZ 85706.

Naturalization Information Session

for legal permanent residents and interested naturalization applicants.

Topics covered at this FREE session will include:

• The Naturalization Process

• The New Naturalization Test

• Rights and Responsibilities of U.S. Citizenship

To reserve a seat, please RSVP with name of each person attending to Tucson.Info@DHS.gov

Details, click here: NaturalizationSessionSept1909

The post Free Information Session on Becoming a Naturalized Citizen in Tucson on September 19, 2009 appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

FOR MORE INFORMATION/REGISTER: PARA MÁS INFORMACIÓN/REGISTRO, LLAME AL:

602-263-2030

For more details, please see the attached flyer.

CitizenshipDaySept1909

The post Free Assistance with Naturalization (Citizenship) Applications in Phoenix on September 19, 2009 appeared first on Phoenix Immigration Attorney | Law Office of Tanya M. Lee | About US Visas.

Beginning tomorrow, Sept. 9, 2009, employers who are awarded a federal contract or subcontract are required to use the E-Verify system to verify their workers’ employment eligibility.Federal contracts issued after Sept. 8 will include a clause requiring use of E-Verify, including contracts issued to companies who receive American Recovery and Reinvestment Act funds.Companies subject to the E-Verify clause will have 30 days after the contract award date to enroll in E-Verify, and must use the system to confirm that all new hires and existing employees employed on federal contracts are authorized for employment in the US.

E-Verify is a free, web-based system operated jointly by the Department of Homeland Security and the Social Security Administration.The system’s goal is to insure compliance with federal immigration law and to help employers avoid hiring those not authorized to work in the US.E-Verify compares information from Form I-9 with information stored on government databases to verify a worker’s employment eligibility. Click on the memo below from United States Citizenship and Immigration Services (USCIS) for  details.

USCIC Memo

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