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What is a “particular social group” for asylum?

In order to obtain asylum in the U.S., foreigners must show fear of harm directly related to race, religion, nationality, political opinion, or membership in a “particular social group”.

What is a “particular social group” is interpreted differently by courts in different parts of the U.S. According to the Ninth Circuits Court of Appeals (where Arizona belongs), it is a particular social group as one in which the members are united by a voluntary association OR by an innate characteristic that is so fundamental to the identities or consciences of its members, that members either cannot or should not be required to change it (e.g., young women in Guatemala subject to femicide).

Here are some examples of “particular social groups”: former gang members or gang violence recipients (e.g., a former member of MS-13), family members (e.g., mother who fears that her minor daughter would be subject to FGM), domestic violence victims (e.g., Honduran woman unable to leave her relationship), people with mental illness or physical disability (e.g., persons with bipolar disorder who exhibit erratic behavior), witnesses (e.g., who publicly provide assistance to law enforcement against major Salvadoran gangs), landowners (e.g., Colombian landowners who refused to cooperate with FARC).

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one aspect of asylum laws. If you would like to discuss whether you qualify for an asylum, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009! We look forward to talking with you!

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H-1B registration starts on March 9, 2021

The registration for the fiscal year  2022  H-1B cap will start on March 9, 2021, and will end on March 25, 2021.  If there are more than 85,000 registrations received by March 25, the USCIS will randomly select registrations and intends to notify the registrants by Mach 31, 2021.

The petitions subject to the H-1B cap-subject may only be filed by those employers whose registrations were selected. USCIS delayed the changes to the H-1B selection process until December 31, 2021.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about the H-1B registration process for the fiscal year 2022.  If you would like to H-1B petition approved fast, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!

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What is a conditional green card (permanent residence)?

A conditional green card is valid for only 2 years and is issued (1) to a spouse who has been married for less than 2 years at the time of green card approval and (2) to a foreign EB-5 investor and to his or her dependents.

A conditional green card holder must file a petition to “remove the conditions” within the 90-day period before the conditional green card expires. The conditional green card holder based on marriage needs to show that he has been married during those two years (with certain exceptions). The conditional green card holder based on EB-5 investment needs to show that (s)he invested $1,8 million (or $900,000 in certain areas), (s)he sustained the investment during those 2 years, and that (s)he created 10 new full-time jobs for U.S. workers.

Please note that this article does not constitute legal advice.  We simplified the law to provide only general information to outline the conditional resident status and conditional green card.  If you would like to discuss how to obtain a conditional green card or need help with the removal of conditions on residency, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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Can I enter the U.S. with my green card after one year abroad?

If you have a green card and stayed outside the United States due to circumstances beyond your control for longer than one year or beyond the validity of the re-entry permit, you may need a returning resident (SB-1) special immigrant visa to enter the United States and resume permanent residence. You will need to prove that you did not abandon your residency.

If your application for returning resident status is not approved, a new green card petition will need to be filed.

Please note that this article does not constitute legal advice.  We simplified the law to provide only general information about green card use and validity after an extended stay abroad.  If you plan extended stay abroad or stayed abroad due to unforeseen circumstances and would like to discuss your situation and how we can help you, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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What is an abandonment of a green card?

If a green card holder remains outside the United States for more than a year, the regulations require invalidation of his green card (legal permanent resident status). The Department of Homeland Security takes the position that residency has been abandoned. Residency can be deemed abandoned even where a person lives and works abroad and visits the United States every year. What is relevant to determine if the green card was abandoned is the purpose of the departure, the existence of a fixed termination date for a visit abroad, and the objective intention to return to the United States as a place of permanent employment and actual home. A person may be abroad for several years and not abandon his residency if (s)he has a continuous uninterrupted intention to return to the United States. For example, a child is out of the United States for six years due to father’s heart condition.

Please note that this article does not constitute legal advice.  We simplified the law to provide only general information about the abandonment of a green card.  If you would like to discuss if you have abandoned your green card and what can be done in your situation, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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H-1B approval in 1 day!

Our client, an established engineering and OEM company, wanted to hire a Controls Software Engineer, an Indian national currently on an H-1B visa. We obtained a certified labor condition application and worked with a client to document fully the eligibility for H-1B classification. The petition was filed with a request for premium processing. The USCIS received the petition on Monday and we received approval on Tuesday.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one H-1B case.  If you would like to H-1B petition approved fast, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!

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Will undocumented individuals get legal status under President Biden?

President Biden announced his immigration plan:

1. An 8-year pathway to citizenship for all undocumented immigrants.

Biden’s plan provides a 5-year path to permanent residence for all undocumented individuals present in the United States on January 1, 2021, followed by a 3-year wait for U.S. citizenship. Certain individuals’ path would be shorter, including DACA dreamers and agricultural workers.

2. Eliminating the 3-year and 10-year bars.

Individuals who are in the United States illegally for 180 days and depart are prohibited from returning for 3 years and individuals who are in the United States illegally for 1 year are prohibited from returning for 10 years if they depart. President Biden’s proposal would remove those bars and allow certain individuals to gain legal status in the United States without traveling abroad.

3. Expanding legal immigration.

Biden’s proposal would make significant changes to the legal immigration system. It will reduce green card backlogs, eliminate per-country limits on visas, and provide fast paths to a green card for children and spouses of green card holders.

President’s proposal will need to be approved by Congress.

Please note that this article does not constitute legal advice.  We simplified President Biden’s proposal to provide general information.  If you would like to obtain a visa or green card, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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What are President Biden’s immigration executive orders?

President Biden issued several immigration executive orders that revoked the travel bans, stopped the construction of the border wall, protect the Dreamers from deportation, include undocumented individuals in the census that affects the apportionment of Congressional representatives, protect Liberians from immigration enforcement and extend their work authorizations and paused deportations for 100 days.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about President Biden’s immigration executive orders.  If you would like to discuss how President Biden’s immigration executive orders affect your situation, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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How can my nanny stay in the U.S. permanently?

Many clients hire foreign nannies through one of the international au pair program. Then, when they are happy with their performance and their children got used to them, they are looking for ways to have their nannies stay in the U.S. permanently. They contact our immigration lawyers for help.

The family member may, in certain circumstance, be able to have her/his nanny stay, live and work in the U.S. permanently (help her get a green card). The process involves placing job advertisements, reviewing applicants’ resumes and interviewing applicants. If there are no U.S. workers able, willing, qualified and available to take the job, and the family member complied with all regulations, the process may lead to nanny’s green card and her ability to stay in the U.S. permanently.

Please note that this article does not constitute a legal advice.   We simplified the law to provide only general information. The process of getting a green card for your foreign nanny and help her stay in the U.S. permanently is heavily regulated process with lots of cases governing each aspect of the process. One mistake means that you have to start from the beginning and loose lots of time and ultimately not be able to have your nanny stay in the U.S. permanently.   If you would like to help your foreign nanny stay in the U.S. permanently and would like to discuss what is the best way to accomplish that, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.

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How do I employ a foreign worker?

First, it depends, if you are hiring for a temporary or permanent position.  There are a few visa categories for temporary positions.  For example, an employer wanted to hire someone for a position of engineer with a Master’s degree, we applied for H-1B.  Employer was selected at the H-1B lottery and the petition was approved in three weeks.  For workers with less education, H-2A or H-2B may be the best option. If the worker has been working abroad for an affiliated company, L visa may be the best option.

With respect to a permanent position, you have to test the market (advertise the position) and get a labor certification that there are no U.S. workers able, willing, qualified and available to accept the job. There are some exceptions, such as the National Interest Waiver or Schedule A pre-certification.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information applicable in most cases.  If you would like to hire a foreign worker and would like to discuss what is the best way to do that legally, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.