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Irena Juras gets Dreamer her Green Card

A woman that has been brought to the United States from Mexico when she was 3 years old (let’s call her the “Dreamer”) came to my office with her husband who is a U.S. citizen.  They had been married for 2.5 years and have three children born in the United States.  We discussed the Dreamer’s options and the Dreamer has decided to request the Consideration of Deferred Action for Childhood Arrivals (“DACA”).  She had a high school diploma and met the residency and other requirements for DACA approval.  DACA was approved and she received her work authorization.  Then, we filed a petition with the Dreamer’s husband as the petitioner.  The petition was accompanied by supporting documents sufficient to rebut the presumption of marriage fraud.  The petition was approved.  Meanwhile, the Dreamer’s mother in Mexico was seriously ill and we applied for advance parole to allow the Dreamer to travel to Mexico to visit her mother.  The advance parole was approved and the Dreamer traveled to Mexico, visited and helped her mother and entered the United States legally.   Once the Dreamer entered the U.S. legally and met all other requirements for legal permanent residency, we filed her green card application.  The application processing time in Phoenix is now more than one year.  Finally, we attended an interview with the Dreamer and her husband, the application was approved and her green card has arrived.   It was nice to see the happiness in her eyes to finally feel relieved that at age of 31 after living in the United States for 28 years illegally in fear, she does not have to worry that she will be deported and taken from her family.  She is very appreciative for my help guiding her through this process!

If you are facing similar circumstances or know someone else facing similar circumstances, call the immigration attorney Irena Juras at 480-425-2009 or reach us via email to schedule a free consultation to discuss how we can help you!

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H-1B filing season approaches

It is now time for employers to start planning the H-1B petition filings for foreign national employees.  The U.S. Citizenship and Immigration Service will begin accepting H-1B petitions subject to the FY 2017 cap on April 1, 2016.  Beneficiaries of approved H-1B petitions will be eligible to start working on October 1, 2016, the beginning of the FY 2017.  While April 1 may appear to be away, it will be here sooner than you expect.

The H-1B visa category provides for the temporary employment of foreign nationals in “specialty occupations” for which at least a bachelor’s degree or its equivalent is required (for example, accountants, pharmacists, computer programmers, engineers, lawyers, teachers, and many other professions).

There is a cap of 65,000 visas per year plus 20,000 visas for workers who possess U.S.-earned masters or higher degrees.  It is expected, as in the previous years, that petitions received from April 1 to April 7 (the first five business days of April) will be considered in the H-1B “lottery” (computer-generated random selection process).  The lottery will select H-1B petitions, which will be accepted for adjudication.

As the economy improved and a large number of H-1B candidates is expected to apply this year, we advise employers to be proactive and move quickly to ensure their H-1B petitions are prepared and ready to be filed prior to April 1, 2016.  Keep in mind that prior to the filing of the H-1B petition, a labor condition application has to be certified by the Department of Labor and must be submitted with the H-1B petition.  For more information and help with your H-1B petitions, call us today at 480-425-2009 or contact us through our website!