Immigration Lawyers – FREE Initial Personal Consultation 718-263-5999

On May 11, 2010, USCIS announced that it has redesigned the Permanent Resident Card-commonly known as the “Green Card.” The new state-of-the-art card incorporates several major new security features. The redesign was one of the latest ongoing efforts to prevent and deter immigration fraud. USCIS will now issue the new, secure format which prevents counterfeiting, and tampering, and makes it easier to quickly get accurate information.

The new format includes holographic images, laser engraved fingerprints, and high resolution micro-images which will make the card nearly impossible to reproduce. There will be a Radio Frequency Identification (RFID) capability which will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately with file data. Also, a preprinted return address will help for an easy return of a lost card to USCIS.

In addition, to comport with its nickname, the permanent resident card will actually be colored green. USCIS will replace Green Cards as people apply for renewal or replacement. So, if you have a green card with the older design-you don’t need to get a replacement card. Your green card is still valid until the expiration date printed on the card.

FRONT OF CARD PREVIOUS NEW Optical Variable Ink – X

Holographic Image X X

Embedded Radio Frequency Identification Device (RFID) – X

Optical Variable Ink – X

Laser Engraved Fingerprint – X

Unique Background Design X X

BACK OF CARD

Tamper Resistant Border – X

Optical Media Stores, All Digital Files, Including Biometrics – X

Micro-image, High Resolution

Pictures of State Flags and U.S. Presidents X X

The Law Offices of N.M. Gehi, P.C. has three convenient locations in Queens, Long Island, New York, and provides comprehensive immigration and bankruptcy services to clients. Immigration Lawyers at Law Firm are experienced in dealing with complicated immigration cases, including H-1Bs, Labor Certifications, I-140s, I-485s, deportation proceedings, and family-based petitions…etc. Contact law firm @ 718-263-5999 for a free initial personal consultation.

Essential details for your immigration attorney

While consulting with your attorney about your immigration gives him every types of information required. Know what the types of information you should inform him are given below:

Provide basic information: Confirm that your attorney has precise, current basic information on you. This includes your email addresses, telephone numbers and mailing addresses. If you do not keep your information updated, you may miss-out important message from USCIS and your Immigration attorney.

Tell him your immigration history: Your immigration attorney should know if you have ever filed any appeals with USCIS in the past. Confirm that your attorney is acquainted with what your filed and when you did. For example, if you never make him or her aware that you previously filed for two k-1 visa, your Immigration attorney cannot accurately tell you about the waiver that you need or to file an I-130 as an alternative. And if you are an established citizen in New Jersey, your New Jersey immigration attorney should know the way you got your immigration like through marriage, family, work, etc. These answers might affect your aptitude to file for immigration benefits.

Let your attorney know your criminal history: Some type of visas requires waivers if the if you have any criminal history. This includes felonies and misdemeanors. You should disclose this information to make sure that it will not be a ground for refutation of your petition.

Disclose your annual earnings: Your Immigration attorney should know how much money you earn and how many person you intend to appeal for. These issues unswervingly have an effect on your capacity to sponsor immigrants.

Disclose the intending immigrant’s immigration history: You need to inform your immigration lawyer when, and how the recipient has ever gone into the US. You also must tell the attorney if the recipient has ever been deprived of a visa, sanctuary, or any other US immigration benefits. If you have been failure to reveal these items might result in a refutation because your attorney did not arranged the right waivers. Not only that you should inform about your beneficiary, who had severe illness, as a waiver may be available for this.

Well if you think that your attorney is not willing to listen all those and behaving unprofessionally you may also make complain against him or her. You may also check with your state’s attorney registration & disciplinary authorities to know about its procedures to register a complaint against an attorney. And also visit some trusted lawyer directory to find an attorney qualified.

Humanitarian Reinstatement Of I-130 Petitions

Question: My mother who is a lawful permanent resident of the U.S, petitioned both my brother and sister who are living in the Philippines eight years ago. We received a notice recently from the National Visa Center stating that we have to pay the Affidavit of Support, (AOS) fees which are something like $800. I was ready to pay this amount when suddenly my mother died. I was told that this may affect the petitions of my siblings. Is this true?

What can I do? Should I pay the $800 to the NVC? What happens to the petitions now that my mother died? Can I be substituted as a sponsor for them instead? One Attorney in Los Angeles said that he can fix this case but he wants $20,000. What should I do?

Answer: Though we always think that once a petition has been filed for us by our relatives in the US, there are only very minor roadblocks we can expect along the way. This is the case most especially if the petition has approved and has been forwarded to the National Visa Center waiting for priority date. Nothing else should worry us and we can just go on living while the priority date becomes current. Or so we think.

Unfortunately, there are cases wherein the petitioner dies before his relatives can come to the U.S. This is often due to the fact that US immigration process has a huge backlog in most countries and that it takes years before a visa becomes available for an applicant. During this long wait, if the Petitioner dies, the petition by law is automatically invalidated and cancelled. A lot of beneficiaries of US immigration petitions, like you, are saddened and surprised that the petition for their loved ones is no longer valid once the petitioner dies. So, if the petitioner dies before the beneficiaries enter the U.S. as immigrants, the case is over.

There is NO need to pay the NVC any fees because 1) the fees will not be refunded, 2)the U.S. Embassy will no longer process the application once it learns that the Petitioner died. The Embassy will instead, send the petition back to the USCIS office that originally approved it back in the states.

In most cases, that is the end of the line. The beneficiaries, even though they waited patiently for years and years can no longer come to the U.S. You cannot step into the shoes of the petitioner and be a substitute sponsor. However, there is a way to appeal this revocation of the petition. The process is called a Request for Humanitarian Reinstatement or also called Request for Humanitarian Revalidation. Humanitarian Reinstatement was made available by immigration regulations to cover these kinds of situations. It is entirely discretionary with the USCIS and is not guaranteed, but if you can show that there are circumstances justifying the reinstatement of the petition, the USCIS can revalidate and approve the petition and the beneficiaries can come to the U.S. as if the petitioner were still alive. The USCIS usually looks at the following factors: 1) disruption of an established family unit; (2) hardship to U.S. citizen or LPR family; (3) age and health of beneficiary; (4) length of beneficiarys residence if any in the United States; (5) whether beneficiary has a foreign residence (if in the U.S.) to which he can return; (6) undue delay by USCIS or the embassy in processing the petition or visa; and (7) extent of beneficiarys family ties in the United States.

For a Humanitarian Reinstatement to be applicable, the petition must have first been approved before the death the petitioner. Secondly, the beneficiary must arrange to have a substitute sponsor who may file for the required affidavit of support. This must be someone who can establish the means to support the beneficiaries with an annual income amount equal to at least 125 percent of the Federal Poverty line.

The qualified substitute sponsor must be a close relative such as the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild of a sponsored alien or a legal guardian of the sponsored alien. Friends and distant relatives cannot qualify.

As far as paying an attorney $20,000 for submitting a request for reinstatement, I would question any lawyer who charges such exorbitant fees. Would you pay $1000 for a $1 lottery ticket without a guarantee of winning? Sure, there is a lot of work involved but there is no need to gouge or take advantage of persons who are suffering the loss of a loved one. I, for one, do not practice law that way. I would be weary of anyone who says it is a sure thing or I guarantee it. By law, reinstatement is discretionary. No one, can say if a request will be approved and it is unethical to claim it is a sure thing. Stay away from such boastful claims. You will be $20,000 richer and a lot happier.

The USCIS, Formerly Known as the Bureau of Immigration Services

USCIS, the word abbreviated U.S. Citizenship and Immigration Services is an important unit of the SU Department of Homeland Security (DHS). It was previously known as the U.S. Bureau of Citizenship and Immigration Services (BCIS). USCIS is fundamentally concerned to play most of the administrative activities of DHS, such as strengthening national security, to remove accumulated in immigration cases, in addition to providing excellent customer service. Director of USCIS has been authorized to report directly to the Secretary of Homeland Security. In simple terms, the department is responsible for the development and implementation of forms and applications for immigration and citizenship.

USCIS is required to perform numerous important tasks which can be briefly explained as follows:ws:

Executing the process related to immigrant’s visa application.
Execution of naturalization application forms.
To complete the process related with asylum and refugee applications.
To supervise the activities related with immigration services and benefits.
To make judgment over the claims made by asylums.
To monitor the judgments passed at various service centers related with immigration.
To issue the employment authorization documents.
To pass the judgment over the applications presented by non-immigrant temporary workers.
The most important responsibility is to issue the legal certificate rendering the permanent resident status to an applicant.

Another important grant that is to be issued by the department is the citizenship application system of the United States.

All these great activities directly related to the United States Government is effectively implemented by the US Citizenship and Immigration Services. The findings and decisions made by USCIS closely monitored and intruded by the Office of Immigration Review, which remains under the supervision of the Ministry of Justice. Executive Office of Immigration Review contains two large communities that contribute to immigration activities is one of justice immigration and the second is the use of Immigration.

USCIS, Department of Government participates in an apartment of about 15,000 employees and contractors of the federal government play an important and central role in performance management, and processing highly restricted immigration. The department is dedicated to the processing of applications for immigration quickly, competently and successfully, and provide excellent customer service through multiple channels, such as the Internet, the National Customer Service Center, Application Support Center, and more. Overall, USCIS is essential for the Office of the U.S. government, which is solely responsible for the supervision of processing, and enforcement activities of immigration and civil rights and to maintain the safety of persons in the United States.

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How to Get Immigration Forms

The starting stage of any application to the USCIS entails that you fill a form and send it back to them in some regard. Now, these forms are available at a variety of places. This article tells you the possible avenues where you can get hold of such a form and the pros and cons of each.

USCIS website: The first and most obvious source where you can get these forms is the USCIS website. The forms are easily available if you go to the get me started tool. There will be a whole list of forms and you may have to find out the relevant form. This is very important if you do not wish to end up filing the wrong form. Once the relevant form has been located it must be downloaded on your computer and a print out must be taken.en.

Via mail: The other way you can get the form directly from the USCIS if you are not computer savvy is to call their helpline and ask for a form to be posted to you in the mail. This may take a few days and may be a more expensive way of getting hold of the form.

From websites that sell resources: There are a wide variety of websites that sell resources. Basically all USCIS documents contain a large amount of legal jargon and therefore there are resources which act as a guide for you to complete the formalities. There are books, videos and articles available which help you to clear the immigration test and even the immigration interview. These websites generally have the form as they try to make it a one shop stop for their shoppers. It is advisable to learn more and more about the procedures involved to make sure that the application is up to date according to the latest rules and regulations.

From an US immigration attorney’s office: An immigration attorney’s office generally has a specialized staff for filing these documents. They may charge a minor fee but at the same time you can be rest assured that your documents are filed by experts who are specialized in this regard.

To sum it up, filing an immigration form may sound easy but it isn’t very easy especially when it is in the context of an immigration form. This is because there are simply too many forms and there is also simply too much jargon being thrown around for an average person to understand. Hence it may be said that

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