AOSTo get green card either AOS OR CP; AOS in LA takes around 4 months.

Once you file it assure client has documentation to get through immigration process. 245i- no longer applies expired in 2001, but people still qualify for it. AOS form asks if ever arrested- must list them up, ever handcuffed, not able to leave police station, send them to live scan, 50 bucks, gives closure, medical examauthorized physicians (listed on USCIS- just enter in zip code) AOS- 245, 212,; some people could be inadmissible-

AOS or CP? Is client here illegally? If here for 180 days, since 1997 onwards- they cannot do CP; AND the appeal, if something goes wrong they can always appeal BUT usually no appeal of consular officers decision- must start all over. If an employment based adjustment, then chances are, they have no unlawful presence; and quicker to consular process. Some people travel a lot and are abroad a lot, or have families abroad- so many better to CP. BUT AOS is the default. Family visa always current; otherwise depends on chart. China, India, Philippines- tend to get used up easily. You need inspection or paroled in (gov authorization, without a visahumanitarian); individual crossed the border/airport- lawful entry, of alien into US after inspection; if prior April 1, 1997, then if an illegal border crossingthey might be able to adjust status by paying 1000 penalty to gov, and still adjust status; 245: part of INA that talks of AOS; 245i no longer exists: allowed people to pay the 1000 fine as long as unlawful residence; applies to labor certification or family based, religious workers, investors; April 30 2001 Why we have 12 million undocumented people is that they cannot leave; 3-10 year bar. CSPA- Matter of Wang; whole family cannot adjust; i.e. the sisters children. 9 th Circuit just ruled yesterday that no, the BIA was wrong and SCSP- if 245 eligibility then it applies to all derivatives as well- even if they aged out. If they qualified when filed, they can adjust status when visa becomes current.

USCIS or SC will have to do something concerning this. 245i doesnt waive any grounds of inadmissibility; 212a, (Singh v. Gonzalez), If it was labor- and company filed for him before the date, but it went under, but the guy is still here; and fell in love with US citizen, wants to adjust; the fact he lost his job, doesnt matter; as long as approvable, (properly filed, petition was phsycially received by service center, before april 30, 2001, not frivolous EVEN if it was denied). Can apply that 245i for subsequent family/employment. If he adjusts status, but green card is taken away (maybe he left country for 5 years)he cannot rely on the 245i again. See Yates Memo of March 2005. If they lose information do FOIA, anything government may have on the client; (timing, it could take many months, may want to do so under the petitioner), is free. OR info-pass 245k is employment based petitions- client cannot have worked w/o authorization for more than 6 months; needs to have legal status at all times. If any doubts on clients criminal past- do a Cal doj, or if multiple residences- do FBI request as well (30 dollars); send in clients fingerprint chart, with authorization. Possible waivers; not end of world. What crime was- read up on waiver situation. (not a murder) HIV is no longer a bar; BUT public charge- if no family here, or poor familythe consular officer can bring that up (in medical exam- unless you have vaccination documentation- they will vaccinate you for everything); TB, as long as not active TB you are fine; make sure you get a copy of what is in the sealed envelope. (active TB? Blank boxes? Not signed?), ask before hand; Prior removal/deportation: (FOIA can do wonders); due diligence Affidavit of support; I864, must be in 120% of poverty guidelines, If not, then co-sponsor; Filing; put it on wall; USCIS has changed filing location; it changes, lockbox changesso do not have anything printed; USCIS website and check everytime. Even filing fees. If case approved, the attorney gets notice. Green cards- if mistake in it- ask for copy of the card from client; assure that name correct, sex is correct, DOB;

File I-90 to correct something in green card (if gov made a mistake then free, if client later changes their name or something), then there is a fee. If your green card expires- file I-90. Working non-immigrant visas: E visas are based on treaties with US and other countries; allowing people to either trade or invest in US. (EI- traders, E2 are investors); the latter are easier to do in US consulates than in the US. It is faster, and once approved- most consulates issue 5 year multiple entry visas (as opposed to 2 years, not multiple); everything you need is on the consular website. You send it in, get a phone call Usually it is a loose leaf folder with tabs, Who can apply for E2- based on nationality of the applicant- doesnt matter where they were born. Brazil has no treaty for E2; E2- how much need to invest? Substantial for that type of location in that business; must always have a business plan- think what they are projecting- usually need of first years startup money in cash (minimum); I own a house in Toronto- 450,000; 350,000 to start the business; In E case dont try to break a profit; just break even- that is great. Cannot be marginal- not investment for purpose of making a living, but for making a profit. How you will spend money to advertise, promote, etc. Foreigners invest money and work hard and make it happen (Americans invest money and want to go to the beach). You intend to put your money into the flow of commerce You learn how the consuls think by talking to clients after their interview. Source of funds- consulates want to know where your money came from (EB5- people investing for green card; so even on E2 cases we must now document that they earned to money or received it through a legal enterprise and was reported to your government)not just smuggling money into US. They look back now. Dont take case if you cant show how you earned the money. E1 Retail businesses (rather than wholesale or import/export) are easier. E1 is mainly Israel (cuz they have no E2 treaty); must show that 50% of your business/trade is with the US.

H1B- if degree matches job, it is easy. If not, then tough. (a general college course, BA, major in finance and now they want to be a business analyst for a firm)- whole purpose of it has been distorted. Idea was to create a visa for people whose education was the entry into the field. Must prove that the minimum requirement for the position is that degree. Once you have job description, you find prevailing wage for the job; file with Department of Labor; there is a quota per year. General rule: 3 and 3, and then go home; you must be outside US for at least 1 year- physically, after the 6 years; then you start a new period of 3 and 3. Though most people would apply for a green card before them. AC21 Some act for 21st century (2001): allows portability- normally person cannot go to work until petition is approved; BUT under this, if you are switching employers, you can start working immediately as you file the petition. Premium processing: L visas: intercompany transferees: need a foreign company and American company, either a parent-child relationship- subsidiary relationship (parent-child relationship, affiliate (both owned by same parent), Must prove relationship between companies; New office rules: executive of a business outside US, incorporate the business, pay salary of person transferring; at a new office L1- simplest case you can do; least amount of documentation Just prove stock issued to foreign company, and the guy was executive, coming here to run it. Only 1 year: after that must show the guy is needed on permanent basis- must show employees, business plan, etc L1 advantages- does not need a labor certification, can file directly with USCIS, can use EB1- no quota- and can get green card much faster than through labor certification. If vice president of company in France wants to sell solar products in US; do L1 one year; get extension of 2 years- then you can get a green card. $ you need: L1 (first year operating salary will be what (i.e. you and the one person you will hire), the ordinary amount to run this company for a month), your lease.

(Big international corporations would use the blanket L1- not the simple new office) Employee must be executive level of at least one year outside US; one year out of the past 3. They also have the 6 year maximum (unless you do the green card); Spouses: spouse or children of L1, is an E2spouse of 01, is 03 (cannot apply for work permit) 0 visas: all work visas once H1s; Congress put off a piece of this and created Os and Ps 15 years ago. Os have extraordinary levels of achievements in their field (motion picture and athletics); collect reviews, press, screenwriters, costume makers, with O1s; if they are wildly successful, nominations for major awards- then we apply for green cards. Otherwise no limit on number of years with the Os. You get opinion letters, petition, contract, all their accumulated documentation, send it off to service center- 98% success rate. O visas now done by the companies. Behind the scenes people- set design; whole careers; Independence Day- won an Oscar for that; got the green card, and now runs a production house with 30 employees. H,L,O,P, require USCIS consent (but E2s do not- foreign relations, based on treaties) O1- very wide. athletics, business (Clippers, whenever they want to hire a foreign basketball player my lawyer does their O1) benefit of O is more flexibility. If you will appear on TV, TV prefers O. A bodybuilder- ESPN doing a series on bodybuilding tournaments- so he did the P for that; performance of being in tournaments on ESPN. IF you are part of the group- P is the easiest; no need to show anything about yourself, just that the group is famous. H1B just needs a job directly related to their degree; the O needs to show they are very well famous- through reviews etc. Nonworking nonimmigrant visas: E visas, most will come as visitors (B) to look for their investment, trading partners, talking with brokers, etc. I-94 landing card- inspected by someone VERSUS sticker on the password (visa is just a permit allowing an alien to approach our border and ask to be admitted). To determine how much time you have in the US, it depends on the I-94.

If you get an O1 after you initially got a visitor card; you need to get a new I94 issued, so you can come back. B1 (business) B2 (tourist)Signing contracts, etc not working Can be used by salesman, taking orders for widgets (not work), exchanging pulpits, Medical treatment (B2)- if alien cannot show a lot of money is that it wont fly. Presumption that spouse of US citizen is an intending immigrant. Show them kids are in school there, have a job, etc. to refute that assumption. Can come in on tourist visa. Maximum extension is one year. Visa waiver: if you are from that country, you dont not even need a visa; no longer get an I-94, only a stamp; admitted as WT/WB, until(); BUT officers often dont do it. Add 90 days to the stamp, right it ONLY 90 days) Going to embassy; look nice, dress the part, Student visas are complicated; once student gets here, the rules they must live by are complicated; F1 visa- they must be in school fulltime- 12 hrs a week. If language only- 18 hours a week. Not allowed to work. COS (change of status, NOT for green card but something like B1/B2 to F1) J Visas- postdoctoral work; cooking school people to be brought in as trainees; some countries (developed world) there is a return requirement. M visa: cooking school, acting academy, musician institute in Hollywood, for vocational students NOT academic students, If quits school; can adjust K1s and V1s Fiance visa: planning to marry US citizen; ONLY US citizens; processed in that country; declaration from above. Cards, emails; photos in Indonesia. 90 daysmarriage. Apply for AOS. K3not used much; for spouses and minor children of US citizens waiting a long time. Kind of disappeared. If you come in on k1 and k3, but marriage doesnt happen. But marries another US citizen CANNOT adjust status based on that.

List serve; mailing list; Green card for labor- must be in status- if not, but not over 180 days can cp; students for years- not unlawfully present BUT if over 180 days and out of status (And no 245i); even if I140 and labor certification- it is all in vain. Keep them in status; H1B- can infinitely extend until a green card is approved (not like others- L1 is 7 years with no extension) a person can continue even if they have immigrant intent; if you file for LC over a year Once you file I140, you have evidence of immigrant intent for client (so client will have to answer yes- has anybody ever filed an immigrant petition on your half if reentering). So dont file I140 until you have got your visa. TPS; Arrebally; if someone was awaiting a green card and got advanced parole, and returned on it (not considered a departure that triggers the 3,10 year bar). EB2 for advanced degree professionals- normally do the LC, then do I485 and I40 file at the same time (combined processing)to save yourself from the clock running. Most adjustment based on 245a- problem is 245c, with immigration service interprets it to mean you must have always been in status. Piror periods of unlawful presence + you leave and reenter the country lawfully- that cancels those previous times. If you entered with advanced parole- that doesnt count. 245k- even i Premium processing- pay the gov something, I907- gov will process the petition faster; (may still do a RFA) Some I140 not suitable for this- multinational manager, executive, national interest, I485s or I360, esp. for million dollar investor.

EB- 5 classes of this: 1st preference (priority workers), 2- advanced degree holders/ or exceptional ability 3rd: professionals- BA or equivalent. Skilled workers, other workers- nannies, etc. 4th: special immigrants (religious workers). 5th: job creation, investing a million dollars, or 500,000 in depressed areas.

Special exceptions to labor certification requirements. Labor certification- not just whether the guy is qualified based on INA; but employer has to show ability to pay stated wage at all times from all timesAbility to pay wage: audited financial statements, tax returns show net income more than stated wage, OR you have net current assets (there must a stated wage on the labor certification) EB1- aliens of extraordinary ability in the sciences, arts, business, etc. can self apply. National OR international (meaning O1 nonimmigrant for outstanding persons seems very similar to EB11. BUT National interest waiver; can self petition, and you dont need a labor certification; you need a form with I140tightening up on it; NYSDOT created the 3 basic criterion that are required Schedule A groups 1 and 2 (justifying that a guy is in national interest, get organizations to write how he could make contributions to the field, need not say that are hiring him, etc) Affl data center.com, R1- absolute hard 5 year requirement to stay in US (cannot add up) Regional center. Naturalization: INA, Congress is very nice, Alien: not a citizen or national of the United States; every case- this is the most important question. An article by Robert Machino, 619 235 9177, THE national mavens on citizenship laws; immigration briefing Where were you born? Where were your parents/great grandparents born? Any direct line ancestors born/naturalized in the US? Answer same questions regarding your spouse Did you or her ever perform military service Usually NO; but with some practice such issues will leap out at you. Stuart@judy/wood.com, to show how powerful this is, every removal case starts out with You are not a citizen/national of the United States.

101A3- INA, an immigrant is any alien except A-V. dual nationality: citizen of the USswaynes island101a29, outlying possession of the United States- outlying are NOT citizens but are nationals. INA of 1952- the term USimmigration definition of child. Stepchildren, MISTAKE. Know the numbers of the Act; Revocation/naturalization341, how to attain a certificate of citizenship Jus saniguinis- get it through blood; solis- place of birth; US citizen at birth- anchor baby. Dual nationality For Canadians- a dispensation; they dont need nonimmigrant visas to cross border. E treaty investor status with Italy but not with Canada. A woman entered as a Canadian under the dispensation and then applied for change of status, based on her Italian citizenship. Regional commissioner: No. Matter of Dameoli: 303 A citizen of nowhere; stateless. alien includes them. Methods of acquiring citizenship : born in US or subject to jurisdiction thereof. Case recommendation: cantu. 19 INN decision 101 visa petition case; US citizen wants to immigrate his

Naturalization: nice thing, helping a lot of people achieving their goal in life; no longer in court system, Santa Maria- if someone had convictions before the good moral character period, Screen people before you turn in the forms; if he has armed robbery, dont apply for naturalization; he will be removed!!!!

EB5 visas

Virus scan on your market No checks on this old account, 5-7 days card and pin, in the mail, Full virus check,