Joseph Caraccio Respondent Helaman Hansen promised hundreds of noncitizens a path to U. S. citizenship through “adult adoption.” But that was a scam. Held: Because §1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad.
Religious Worker (R Visa) Info & Answers to Frequently Asked Questions June 20, 2023REFERENCEU VisaCourtICEEOIR/Immigration CourtU VisaR VisaDHSonlineTools [ez-toc][ez-toc] Legal Authorities For A Religious Worker INA 101(a)(27)(C) – Certain ministers and religious workers INA 203(b)(4) – Certain special immigrants INA 245; 8 CFR 245 – Adjustment of status of nonimmigrant to that of person admitted for permanent residence 8 CFR 204.5(m) – Religious workers Form I-360 Eligibility Requirements For a Religious Worker Religious Worker Adjustment of Status Eligibility Requirements The applicant has been inspected and admitted or inspected and paroled into the United States. The applicant is physically present in the United States at the time of filing and adjudication of an adjustment application. The applicant is eligible to receive an immigrant visa because the applicant is the beneficiary of an approved Form I-360 classifying him or her as a special immigrant religious worker.[8] The applicant had an immigrant visa immediately available when he or she filed the adjustment of status application[9] and at the time of final adjudication.[10] The applicant is not subject to any applicable bars to adjustment of status.[11] The applicant is admissible to the United States or eligible for a waiver of inadmissibility or other form of relief.[12] The applicant merits the favorable exercise of discretion. Documentation and Evidence An applicant should submit the following documentation to adjust status as a religious worker: Application to Register Permanent Residence or Adjust Status (Form I-485), with the correct fee; Copy of the Approval Notice (Form I-797) for the principal applicant’s special immigrant religious worker petition;[27] Employment letter from the applicant’s Form I-360 employer-petitioner;[28] Two passport-style photographs; Copy of government-issued identity document with photograph; Copy of birth certificate; Copy of passport page with nonimmigrant visa (if applicable); Copy of passport page with admission or parole stamp (if applicable); Copy of Arrival/Departure Record (Form I-94) or copy of U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable);[29] Evidence of continuously maintaining a lawful status since arrival in the United States; Any other evidence, as needed, to show that an adjustment bar does not apply or that the applicant qualifies for an exemption;[30] Report of Immigration Medical Examination and Vaccination Record (Form I-693);[31] Certified police and court records of criminal charges, arrests, or convictions (if applicable); Application for Waiver of Grounds of Inadmissibility (Form I-601) or other form of relief (if applicable); and Documentation of past or present J-1 or J-2 nonimmigrant status, including proof of compliance with or waiver of the 2-year foreign residence requirement under INA 212(e) (if applicable). In addition, a spouse or child who is filing as a derivative applicant should submit the following: Copy of documentation showing relationship to the principal applicant, such as a marriage certificate or adoption decree (if applicable); Copy of approval notice (Form I-797) for the principal applicant’s Form I-360; and Copy of the approval or receipt notice (Form I-797) for the principal applicant’s Form I-485 or a copy of the principal applicant’s permanent resident card (Form I-551), (if applicable and not filing together with the principal applicant). Additional Information Bars to Adjustment Unless exempt, religious workers and their derivatives are ineligible for adjustment of status if any of the bars to adjustment of status apply. Religious workers and their derivatives may be exempt under INA 245(k) from some of the bars to adjustment. To qualify for an exemption, the applicant must not have accrued more than 180 days of certain immigration violations since his or her last lawful admission. If the applicant does not qualify for the exemption, then the applicant remains subject to the adjustment bars. Sunset Date Except for ministers, all other religious workers and their derivatives must adjust to LPR status on or before the designated sunset date.[from USCIS] USCIS denies any adjustment applications based on special immigrant religious worker petitions (other than for ministers) that are pending or filed after the designated sunset date. Treatment of Family Members The spouse or child (unmarried and under 21 years of age) of a religious worker may accompany or follow-to-join the principal applicant if the spouse or child is otherwise eligible.[USCIS Policy Manual] The spouse and child may, as derivative applicants, apply to adjust status under the same immigrant category and priority date as the principal applicant. See FAQ Knowledge Base Previous PostNext Post No one has any comments on Religious Worker (R Visa) Info & Answers to Frequently Asked Questions Leave A Comment (or don't) cancel Logged in as newyorkvisalawyer_o0id8f. Log out » Name Email Matter of Garcia, 28 I&N Dec. 693 (BIA 2023) : June 22, 2023 :10:34 pm:BIA DECISIONEOIR/Immigration Court :2023BIACASE LAWCourt Matter of Read More June 22, 2023 BIA DECISION, EOIR/Immigration Court 2023, BIA, CASE LAW, Court Religious Worker (R Visa) Info & Answers to Frequently Asked Questions June 20, 2023REFERENCEU VisaCourtICEEOIR/Immigration CourtU VisaR VisaDHSonlineTools Religious Worker (R Visa) Info Read More June 20, 2023 USCIS FAQ, R Visa, USCIS ICE online change of address tool for noncitizens fully operational (June 13, 2023) New tool offers convenient, reliable option for noncitizens to update address information Read More June 14, 2023 Court, EOIR/Immigration Court, ICE 2023, Court, DHS, EOIR, ICE, online, Tools, UPDATE COVID-19 VACCINE REQUIREMENTS FOR VISA As of May 12, 2023, the COVID-19 Vaccination Requirement has been updated. Read More June 5, 2023 Uncategorized 1 2 3 Next Post ›
How to file for US Citizenship: Requirements for citizenship. Exceptions to citizenship requirements. Process of getting citizenship.
The HHS Poverty Guidelines are how you calculate the level of income that is required by the petitioner when filing a visa petition for a family member. If your income does not meet the requirements then you will need to get a joint sponsor. For more information about the affidavit of support and joint sponsors check out our guide to the Form I-864A.
Trying to get information from USCIS can be a difficult task. Here is some information about how USCIS’ customer service works so you can better understand what you can expect. I’ve also provided some tips based on my experience contacting USCIS. How can I speak to a person at USCIS? USCIS offers multiple ways you can get in touch with them including a toll free phone number. You can easily call USCIS and speak to a live person. You may wait on hold for awhile but it is an option. If you would like to speak with a person over the phone it is not as difficult as many think. The toll-free customer service number for USCIS is 1-800-375-5283. Navigate the Automated Menu to Speak to A Human If you respond to the prompts in the manner above you will get to a representative as quickly as possible. While the automated assistance phone number is available 24/7 live human assistance is not. You can only speak to a representative between the hour of 8 am to 9 pm EST, Monday through Friday. You cannot speak to a representative on the weekends or holidays. If when you call you are asked to “state the reason for your call” rather than getting the prompts above then the answer that will get you to a representative the fastest is, “infopass.” If you say you are calling to schedule an infopass appointment then you will be connected to a representative right away with no further robots. Before Calling USCIS USCIS representatives will not be able to assist you, or even talk to you at all, unless you have certain information. Also, they will only be able to talk to the Petitioner, the beneficiary (or applicant), or the attorney of record with a valid Form G-28 on record with the Service. They will confirm that you are one of those people by asking for your name and date of birth or A number. Before you call USCIS make sure you have the following: Be prepared to wait on hold for some time. You should call early in the day for less of a chance of long waits and less of a chance of waiting on hold for hours only to be told that they are closing and you have to call back tomorrow.
Joseph Caraccio June 4, 2023 One Comment travel, U visa INTERNATIONAL TRAVEL AS A U NONIMMIGRANT Uncategorized inadmissibility Case Law BIA FOIA USCIS FAQ SIJS Citizenship How To Visa EAD Court Q&A WebEx Asylum TPS Bond policy News Special Immigrant Video Extreme Hardship CAT criminal marriage motions SCOTUS U Visa It seems we can't find what you're looking for. Search Wiki See All Results CAN I TRAVEL ONCE MY U VISA IS APPROVED? Once you receive the I-918 approval notice indicating you are in U nonimmigrant status, can you can travel outside of the United States? Technically, individuals in U nonimmigrant status are eligible to apply for a U visa abroad at a U.S. consulate and may be able to use that visa to reenter the United States after a trip abroad. While theoretically possible, it would not be advisable. There are also two serious concerns that would arise relating to unlawful presence bars and the continuous physical presence requirements for U nonimmigrants to be able to adjust status and obtain a green card after three years in U status. UNLAWFUL PRESENCE BARS There are also complications that arise from unlawful presence. If the U visa holder accrued unlawful presence, which most have, then departure from the United States will trigger a three- or ten-year bar making them inadmissible. Once a U nonimmigrant that is outside of the country has triggered a new ground of inadmissibility such as the unlawful presence, they will need to apply for a new waiver of inadmissibility on Form I-192 (any existing I-192 that was approved will only cover grounds of inadmissibility that existed at the time it was approved not grounds that were triggered after). They will be required to remain outside of the United States during the adjudication of the waiver. Note: This is because they are outside the United States and reentering thus they must be admissible, otherwise new grounds of inadmissibility would not necessarily require a new waiver for purposes of adjustment of status. CONTINUOUS PHYSICAL PRESENCE REQUIREMENTS FOR ADJUSTMENT OF STATUS IN THREE YEARS Further it may create an obstacle to later eligibility to adjust status to become a legal permanent resident and get a green card. In order for U visa holders to apply for adjustment of status to lawful permanent residence, she must demonstrate continuous physical presence in the United States. The regulations state that “an alien shall be considered to have failed continuous physical presence…if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate of 180 days.” Since it will almost certainly take more than 90 days to process the visa and/or waiver needed, the U visa holder will likely become ineligible for adjustment of status since they will have an interruption in their continuous physical presence. GROUNDS OF INADMISSIBILITY TRIGGERED AFTER THE APPROVAL U visa holders are not required to demonstrate their admissibility when applying to adjust their status pursuant to INA §245(m). When the U nonimmigrant applies to adjust status through INA §245(m), there is no need—and, actually, no mechanism—for USCIS to waive a ground of inadmissibility, and the existence of the unwaived ground of inadmissibility will not preclude them from adjusting status. Any ground of inadmissibility may factor into USCIS’s determination as to whether discretion should be exercised in the applicant’s favor. Therefore, it is possible that a serious criminal issue or alike will ultimately end up preventing them from being able to adjust status just under a different legal ground. Per the regulations, where new grounds of inadmissibility and other adverse factors are present at the adjustment stage, the applicant may “offset” them “by submitting supporting documentation establishing mitigating equities that the applicant wants USCIS to consider when determining whether or not a favorable exercise of discretion is appropriate.” See 8 CFR §245.24(d)(11). Depending on the nature and severity of the adverse factors, “the applicant may be required to clearly demonstrate that the denial of adjustment of status would result in exceptional and extremely usual hardship.” See 8 CFR §245.24(d)(11). [The regulations provide that “USCIS will generally not exercise its discretion favorably in cases where the applicant has committed or been convicted of a serious violent crime, a crime involving sexual abuse committed upon a child, or multiple drug-related crimes, or where there are security- or terrorism-related concerns.” Id.] In that scenario, if trying to overcome new grounds of inadmissibility, you would want to try to tie the new ground of inadmissibility or other adverse factor(s) to the applicant’s victimization and/or cooperation with law enforcement. Though such a showing is not legally required, it can serve as a strong mitigating equity. Address and provide evidence of the humanitarian considerations and disruption to family unity that will result if USCIS denies the adjustment application. REVISITING PRIOR GROUNDS OF INADMISSIBILITY & ADVERSE FACTORS ALREADY ADDRESSED It has become increasingly common for USCIS to issue Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) and to deny U-based adjustment applications based on grounds of inadmissibility and/or other negative discretionary factors that the U visa holder previously disclosed and addressed in the underlying U visa petition. I would be wise to anticipate this. In the adjustment of status context, the issue is no longer one of inadmissibility but of discretion. Even if the criminal history occurred before the U visa was granted, and even if a waiver was granted for the ground of inadmissibility, you still need to present evidence of discretion to overcome these negative factors at the adjustment stage. You should decide on a case-by-case basis whether you may want to try arguing that USCIS is abusing its discretion and that they should not be relitigating these matters (in the event the adverse factors are particularly severe and may impact the outcome). PrevPreviousRE-TAKING THE NATURALIZATION ENGLISH OR CIVICS TEST NextContacting USCISNext