What is an Affidavit of Support for Green Card Purposes?

Please visit the following site for more

http://www.jqklaw.com/what-is-an-affidavit-of-support-for-a-family-green-card-.html

Dramatic Increase in EB-5 Form I-829 Processing Time (October 2014 EB-5 Processing Times)

Update: USCIS corrected the Form I-829 Processing time on October 24, 2014 to reflect a 7.2 Months. Although a formal update as to the EB-5 processing times for this month was not provided, a review of the designated USCIS EB-5 processing times webpage posted on October 7, 2014 (reflecting the average processing times from August 31, 2014) showed increases and even a dramatic increase in the processing time for Form I-829 Petition by Entrepreneur to Remove Conditions.

• Form I-526 (Immigrant Petition by Alien Entrepreneur:
• 13.8 months (increase of .5 months)
• From I-829 (Petition by Entrepreneur to Remove Conditions)
• 15.1 months (increase of 7.5 months!)
• Form I-924 (Application for Regional Center)
• 8.1 months (increase of 1 month)

Unfortunately EB-5 processing times are still not consistent and vary greatly. Even though the average times are listed above, some applications are adjudicated much quicker, and sometimes take much longer.

For best results, contact an Immigration Attorney specializing in Business Immigration law.

Photo by: Robert Couse-Baker

Green Cards for Scientists: The National Interest Waiver EB-2c Category

Most Employment-Based (EB) Petitions for Lawful Permanent Residency ("LPR") in the U.S. require the potential immigrant to have an employer file the petition for the immigrant with a Labor Certification Application. Two exceptions to this requirement are the EB-1a Extraordinary Talent and EB-2c National Interest Waiver ("NIW") programs. These are called “Self-Petitioners” and do not require a specific offer of employment (job position) from an employer or a Labor Certification. 

This EB-2c NIW category is usually used by Scientists and Researchers, however Doctors and others individuals with Exceptional Ability can also petition under this immigrant visa category.

There are 2 basic requirements to qualify for a NIW under preference category EB-2 is:

1)  Having an advanced degree professional OR being an Alien of exceptional ability

Continued at JQKLaw.com

Photo by: GDS

FREE WESTWOOD LEGAL CLINIC TONIGHT

We are pleased to introduce the Khosravi-Malakouti Community Law Clinic on the 1st and 3rd Wednesday of every Month from 6:30PM to 8:30PM.

Attorneys John Khosravi and Parviz Malakouti will be available to answer your questions regarding your legal problems. Each clinic participant will receive a private 15-minute session to ask questions about a wide variety of civil legal matters.  Criminal law issues will not be addressed at the clinic.  
The service is completely free of charge to participants. Languages spoken include English, Spanish, Persian, and French.

Parviz Malakouti is a California licensed attorney and a graduate of UCLA and the University of Miami School of Law. John Khosravi is a California licensed attorney and a graduate of UCLA and Loyola Law School.

Location: Lutheran Church of The Master Parish House. 10931 Santa Monica Blvd., Los Angeles CA 90025 


Photo by: John Marino

What Documents Do I Need To Bring To My Naturalization / Citizenship Interview?

PLEASE VISIT: 

http://www.jqklaw.com/what-documents-do-i-need-to-bring-to-my-naturalization---citizenship-interview-.html

HUGE RETROGRESSION INDIA EB-2 CATEGORY - November 2014 State Department Visa Bulletin

The US State Department released the November 2014 Visa Bulletin. The most shocking part of the new Visa Bulletin was the massive Retrogression of the EB-2 category for Indians, setting back the category 4 years and 3 months. On the other hand other EB-2 and EB-3 categories made meaningful moves forward. The Family-Based categories moved forward slowly as well.

Family-Based Preference Categories

• Family-Based First Preference (FB-1)
• For all countries exception those below: 2 weeks forward
• China: 2 weeks forward
• India: 2 weeks forward
• Mexico: 2 weeks forward
• Philippines: 1 month forward

• Family-Based Second Preference (FB-2)
• FB-2A:
• For all countries exception those below: 1 month forward
• China: 1 month forward
• India: 1 month forward
• Mexico: 2 months forward
• Philippines: 1 month forward

• FB-2B:
• For all countries exception those below: 2 months forward
• China: 2 months forward
• India: 2 months forward
• Mexico: 5 weeks forward
• Philippines: 2 weeks forward

• Family-Based Third Preference (FB-3)
• For all countries exception those below: 1 week forward
• China: 1 week forward
• India: 1 week forward 
• Mexico: 1 week forward
• Philippines: 1 week forward

• Family-Based Fourth Preference (FB-4)
• For all countries exception those below: 2 weeks forward
• China: 2 weeks forward
• India: 2 weeks forward
• Mexico: 2 weeks forward
• Philippines: 3 weeks forward

Employment-Based Preference Categories

Employment-Based Fifth Preference (EB-5)

All categories current

Employment-Based Second Preference (EB-2)

All categories current except:  

China: 5 weeks forward 

India: MOVES BACKWARDS 4 YEARS 3 MONTHS!

Employment-Based Third Preference (EB-3)

For all countries exception those below: 8 months forward

China: 9 months forward

India: 1week forward

Mexico: 8 months forward

Philippines: 8 months forward

Other workers

All: 8 months forward

China: No change

India: 1 week forward

Mexico: 8 months forward 

Philippines: 8 months forward

Employment-Based Fourth Preference (EB-4)

All categories current 

Employment-Based Fifth Preference (EB-5)

All categories current

Changes to the U.S. State Department Immigration Fees

Effective from September 6, 2014, the United States Department of State, the Federal Department overseeing Visa Processing through the National Visa Center and the US Embassies and Consulates across the globe changed its processing fees for various type of Immigrant Visas and Processing. 

This has affected many immigrant and non-immigrant visa applicants, including other groups. For the official statement, please visit the Federal Register.

According to the State Department:

“Processing those applications for determination of eligibility as a returning resident has become less costly due to continuing advances in automation, making it easier to verify previous U.S. immigration status.” 

A synopsis of the fee changes is below:

Consular time fee decreased from $231 to $135 per hour.

Administrative processing of Formal Renunciation of U.S. Citizenship increased from $450 to $2,250.

Affidavit of Support fees increased from $88 to $120.

Immigrant Visa Security surcharge increased from $75 to $100.

Determining returning resident status fees decreased from $275 to $180.

Waiver of two-year residency requirement (J-visa) fees decreased from $215 to $120.

Refugee cases or significant public benefit parole case processing: NO FEES.

Non-Immigrant Visa (NIV) Fees

Non-Petition based NIV fee (Except E Category): $160.

H, L, O, P, Q, and R Category NIV fees: $190.

E Category NIV fees decreased from $270 to $205.

K Category (Fiancé) NIV fees increased from $240 to $265.

Border crossing card (age 15 and over, 10 year validity) fees $160 / under 15 years of age $16.

Immigrant Visas (IV) and Special Visa Services Fees

Immediate relative and family preference application fees increased from $230 to $325.

Employment-based applications (I-140 alien work or I-526 alien entrepreneur petitioner/immigrant investor) decreased from $405 to $345.

Other immigrant visa applications (including I-360 self-petition and special immigrant visa applicants) decreased from $220 to $205.

Certain Iraqi and Afghan special immigrant Visa application: NO FEE

Requesting an Emergency Travel Document

What is a "Travel Document" (sometimes referred to as a "White Passport")? A travel document refers to several different types of documents issued by the US Government/Department of Homeland Security, that permit a person in the United States to travel abroad and reenter the country. This includes Reentry Permits, Refugee Travel Documents and Advance Parole Documents. To obtain a travel document US Citizenship and Immigration Services (USCIS) Form I-131 (Application for Travel Document) is necessary. Official information is provided by the USCIS at http://www.uscis.gov/i-131.

Most times obtaining a travel document before traveling outside the United States is mandatory, such as in the case of Asylees that requires a Refugee Travel Document. Also applicants with a pending adjustment of status case must obtain advance parole or else their pending case will be closed as abandoned. At other times, it is recommended that a lawful permanent resident (LPR or Green Card holder) needing to stay outside of the United States for a period of more than 6 months request a travel document titled a reentry permit.

Please note that although these travel documents are issued by USCIS, the final decision of whether one can reenter the United States is decided by Customs and Border Protection (CBP). Moreover, a reentry permit does not automatically excuse absences of more than 6 months or invalidate a claim of abandonment of residence.

The process for obtaining a travel document includes the submission of a properly completed Form I-131, the filing fee (Varies, see USCIS website) and 2 passport style photographs with your Alien number written on the back to USCIS. Depending on the type of travel document you are requesting, additional evidentiary documents are necessary.

This application can now be submitted through the USCIS online system as well (http://www.uscis.gov/e-filing-i-131). There is no filing fee when requesting a Travel Document along with an Application for Adjustment of Status.

Please note that this application, with rare exceptions, must be submitted when the individual is physically in the United States.

Soon after submission of the application, the applicant will receive a receipt and subsequently be scheduled for a biometrics appointment. After the biometrics appointment completed, USCIS will complete their screening of the applicant and a travel document will be issued.

This process will usually take 2-4 months from the date of the submission of the application to the time the travel document arrives at your mailing address.

Emergency Cases

Please note that in cases of emergency, an Advance Parole Travel Document may be issued on the same day the application is submitted. In such cases, you must appear before your local USCIS field office and submit the required documents, as well as presenting proof of your emergency situation (such as medical documents, death certificates, travel records, etc.)

For the best chance of success, try going to the USCIS office in the early morning. Also, try to obtain an Infopass Appointment (https://infopass.uscis.gov/) and request to talk to a supervisor when at the USCIS field office (if necessary). 

Reentry Permits and Refugee Travel Documents may be expedited by request to the USCIS Service Center, and potentially requesting an earlier Biometrics Appointment at the local USCIS field office. However, all of these options are possible at by the decision of the USCIS agent.

Please note that USCIS offices procedures vary across the United States.

If you would like the assistance of our attorneys, please contact the JQK Law Firm.

Photo by: https://www.flickr.com/photos/andrei_dimofte/

The Key to Starting a Solo Practice: Know Your Colleagues!

There are many ways to develop and build a new law practice from the ground up, but the biggest challenge you will face will often be getting your first clients. There are direct and indirect methods of connecting with clients, and it often just takes time. In order to effectively retain clients and make them into valuable referral sources, an attorney has to have the best and most up to date information in their field. The best way to accomplish both of these goals happens to be to network with your fellow attorneys. And that is why the key to starting a solo practice is to know your colleagues!

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How Do I Bring My Child to the US?

For more information, please visit:

http://www.jqklaw.com/how-to-get-a-green-card-for-my-son-or-daughter-child-.html