Aug
30

By

Self-petition of abused spouse of US citizen (VAWA) approved

Category: Best immigration attorney, Green card, Green Card based on Marriage, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Marriage green card attorney in Phoenix, Physical and verbal abuse, Top immigration attorney, Uncategorized, VAWA, VAWA attorney in Phoenix, VAWA attorney in Scottsdale Tags: , , , , , , ,


This case originally started as a regular marriage green card case.  US citizen husband filed for his foreign spouse and their child was born.  Soon after the birth, the US citizen started to abuse his wife verbally and physically.  She tried everything, but at the end had no choice but to leave the household.   We documented the abuse, filed a self-petition for her and have her petition approved.   She can now safely raise her child without worries about her abusive ex-husband. 

Please note that this article does not constitute a legal advice.  We simplified the law to outline one case of an abused wife of a US citizen who we helped to get her green card.  If you are subject to a physical or psychological abuse by your US spouse and need help with your green card process pursuant to the Violence Against Women Act (“VAWA”), call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Aug
30

By

Fiancé visa during COVID-19 pandemic

Category: Fiancé(e) visa, Fiancé(e) visa attorney Scottsdale, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Marriage Green Card, Top immigration attorney, Top immigration attorney in Phoenix, Uncategorized Tags: , , , , , , , ,

We started this process when a US citizen came to my office a year ago to petition for her fiancé in the Middle East.  They met online and have been communicating remotely for several years.  Last year, her fiancé traveled to the US and they met in person, which allowed us to file the petition for her fiancé.  It took only 3 months to have the petition approved by the USCIS.  Then, the case was sent to the National Visa Center and in four weeks the National Visa Center sent the case to the US Embassy in Jerusalem.  The interview was scheduled in 10 weeks and the visa was approved.  Then, the US Embassy put the case in administrative processing. At the end, the fiancé visa was issued, the fiancé entered the US and just married his fiancée and we are getting ready to file the adjustment application. 

Please note that this article does not constitute a legal advice.  We simplified the law to outline the marriage green card process and discuss the processing time of the marriage green card. If you would like to discuss if you may qualify for a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Aug
27

By

How long does it take to get a marriage green card?

Category: Best immigration attorney, Best marriage green card attorney in Phoenix, Best marriage green card attorney in Scottsdale, Green Card based on Marriage, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Marriage Green Card, Marriage green card attorney in Phoenix, Marriage green card attorney in Scottsdale, Top immigration attorney Tags: , , , , , ,

The marriage green card process is usually a very happy process. The newlyweds are excited and full of expectations for their happy lives together. The process is different if the foreign national is already in the US or if the foreign national is still in a foreign country.

If the foreign national spouse is still living in a foreign country, the process
starts with filing of a petition for the foreign national spouse. The average processing time to have the petition approved is now 6 – 7.5 months. Once the petition is approved, it’s sent to the National Visa Center, which takes approximately 30 days. The National Visa Center will need some documents to be submitted and the immigrant visa application needs to be filed. Once the National Visa Center receives all documents, it sends the case to the US Embassy or Consulate for an interview. The time it takes to schedule the interview depends on the US Embassy or Consulate. The interview is usually scheduled within a few months. Some US Consulates take longer to schedule an interview, for example in Ciudad Juarez in Mexico it is taking 6-8 months to have the interview.

If the foreign national is already in the US and is eligible for an adjustment of status, the processing time depends where (s)he lives. For example, in Phoenix, the average processing time to adjudicate the adjustment application is now 9.5 -29. months.

Please note that this article does not constitute a legal advice.  We simplified the law to outline the marriage green card process and discuss the processing time of the marriage green card. If you would like to discuss if you may qualify for a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Aug
27

By

How long does it take to get a fiancé(e) visa?

Category: Best fiancé(e) attorney in Phoenix, Best fiancé(e) visa attorney in Scottsdale, Best immigration attorney, Fiancé(e) attorney Phoenix, Fiancé(e) visa, Fiancé(e) visa attorney Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Top immigration attorney Tags: , , , , , ,

I’ve done a lot of fiancé(e) visas over the years, helping reunite happy couples. A fiancé(e) visa is for a fiancé(e) of a U.S. citizen who is planning to get married within 90 days of entering the U.S. With some exceptions, the couple needs to meet in person within 2 years prior to filing the petition.

So, how long does the process take? The first step is for a U.S. citizen to file a petition with the USCIS. The average processing time is now between 5 and 7 months. I had petitions approved as fast as in 6 weeks. Then, once the USCIS approves the petition, it sends the case to the National Visa Center and from the National Visa Center it is sent to the Embassy or Consulate for an interview. The time to schedule an interview depends on the Embassy or Consulate, usually within a few months. Of course, due to the COVID-19 pandemic, some US Embassies and Consulates are still closed and many are facing a backlog of cases from the time the US Embassies and Consulates were closed due to COVID-19.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the fiancé(e) (K-1) visa process.  If you would like to discuss if you may qualify for fiancé(e) (K-1) visa, call our experienced
fiancé(e) (K-1) visa attorney at 480-425-2009 or schedule your consultation online. We look forward to discussing how we can help you obtain K-1 visa for your fiancé(e).

Aug
26

By

H-1B petition for a Civil Engineer from India approved in 7 weeks

Category: H-1B, H-1B attorney in Phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Top immigration attorney Tags: , ,

We filed a H-1B petition on behalf of a US structural and civil engineering services provider. Our client has hired a graduate from an US university with a Master degree in environmental and sustainable engineering as part of the employee optional practical training.

Fortunately, our client was selected in the H-1B lottery. With the petition, we submitted plenty of evidence that this position meets the criteria of a “specialty occupation” defined in H-1B regulations. In this case, we did not have any issue showing to the USCIS satisfaction that the position of Civil Engineer normally requires a degree and that at least a baccalaureate degree is normally the minimum requirement for entry into the position of the Civil Engineer.    In addition, the degree requirement is common to the industry in parallel positions among similar organizations and the position of the Civil Engineer is so complex or unique that it can be performed only by an individual with a degree as evidenced by the beneficiary’s work product.  

Please note that this article does not constitute a legal advice.  We outlined one case study of filing a H-1B petition. If you would like to discuss if you may qualify for H-1B status or you want to change H-1B employer, call our experienced H-1B visa attorney at 480-425-2009 or schedule your consultation online. 

Jul
30

By

Change of H-1B worker employer approved in 10 weeks

Category: Best immigration attorney, Change of H-1B employer, H-1B, H-1B attorney in Phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Top immigration attorney Tags: , ,

A real estate technology based company (Company) with a unique platform wanted to hire a foreign worker from India with a US Master of Science degree in Mechanical Engineering currently on H-1B visa for a position of a Technical Product Manager. The Company needs him to design and implement its full line of products. We filed the petition just before the worker’s H-1B status expired.

The Company and worker provided all documents necessary to show that all H-1B requirements are met and the H-B petition was approved in ten weeks without any delays or request for evidence.

Please note that this articles does not constitute a legal advice.  We outlined one case study changing an H-1B employer. If you would like to discuss if you may qualify for H-1B status or you want to change H-1B employer, call our experienced H-1B visa attorney at 480-425-2009 or schedule your consultation online.  

Jul
30

By

New areas (TEA) allowing lower EB-5 investments

Category: Best Investor visa attorney in Phoenix, EB-5 visa attorney, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investment visa, Investor visa, Investor Visa Attorney, Legal permanent residency, Legal Permanent Resident Status, Top immigration attorney, Uncategorized Tags: , , , ,

On November 21, 2019, new EB-5 regulations became effective. They brought some changes to the EB-5 program.

One of the likely consequence of the new EB-5 regulations is that the Targeted Employment Area (TEA) designation (enabling a lower investment threshold) will be harder to get and urban TEAs will be driven to lesser-developed locations.

In order to be designated as a TEA, the EB-5 project must be located in either a rural area or in a location that has high unemployment. 

Prior to the effective date of new EB-5 regulations, the TEA designation was made at state level and most states had very liberal TEA’s designation policies, even in economically robust urban zones. Consequently, more than 95% of EB-5 investments were made in TEA-located projects. Under the new EB-5 regulations, USCIS is no longer deferring
to TEA designations made by state and local governments and is
directly reviewing and determining the designation of high-unemployment TEAs.

Under the previous regulations, it was quite common to aggregate census tracts to create Regional Center EB-5 offerings even in some of the nation’s most high-priced neighborhoods. Census tract combination for high-unemployment TEAs is now much more restrictive: census tract aggregation is limited to the project tract(s) plus some or all of the tracts that are “directly adjacent” to the project tract. Utilizing census block groups (a census tract is made up of several block groups) is no longer allowed. 

Some EB-5 industry experts (analysts and economists) estimate that approximately two thirds of the projects that had qualified before will not qualify for TEA status under the revised standard.

Please note that this articles does not constitute a legal advice.  We outlined only one aspect of new EB-5 regulations and its consequences.  If you would like to get a green card through an investment (EB-5), call an experienced EB-5 immigration attorney at 480-425-2009 or schedule your consultation online.

Jul
28

By

National Interest Exceptions for travelers from Schengen Area, UK and Ireland

Category: Best E-2 attorney in Phoenix, E-2 attorney, E-2 visa, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investor Visa Attorney, National Interest Exception, Schengen Area, Top immigration attorney, Travel Ban Tags: , , ,

On July 22, 2020, the Department of State announced that certain business travelers, investors, treaty traders, academics, and students may qualify for National Interest Exceptions under Presidential Proclamations 9993 (Schengen Area) and 9996 (United Kingdom and Ireland).

Business travelers, investors, academics, J-1 students, and treaty traders who have a valid visa or ESTA authorization that was issued prior to Presidential Proclamations 9993 or 9996’s effective date or who are seeking to apply for a visa may qualify.

If you need help to apply for National Interest Exception, call an experienced immigration attorney at 480-425-2009 or schedule your consultation online.

Jul
27

By

PERM notice during COVID-19 pandemic

Category: Best immigration attorney, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal permanent residency, Legal Permanent Resident Status, Top immigration attorney Tags: , , , ,

An employer sponsoring a foreign worker for a green card (legal permanent resident status) needs to post the Notice of Filing for 10 consecutive business days at the worksite. During the unprecedented COVID-19 pandemic questions arose how to satisfy the notice requirement when many offices are closed and employees work from their homes. On July 23, 2020 the Department of Labor’s Office of Foreign Labor Certification confirmed that the PERM Notice of Filing requirement is flexible and employers could even satisfy it by posting it on the exterior door of its building, office, or front entry even if the work place is 100% closed and employees are 100% remote, so long as the business is operational (i.e., conducting business). 

For more information about sponsoring a foreign worker for a permanent position and PERM labor certification, click here. If you would like to discuss if you can sponsor a foreign worker for a green card, call an experienced immigration attorney at 480-425-2009 or schedule your consultation online.

Jul
27

By

Why hire an Immigration Attorney?

Category: Best immigration attorney, Best Investor visa attorney in Phoenix, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Marriage Green Card, Top immigration attorney, Uncategorized, Work authorization Tags: ,

Because so much information is available online, you may feel that you can figure out what you need to do using Google and other online resources. Also, there is a misperception that immigration is about filling forms and submitting simple paperwork. While you can certainly gain knowledge of different visa and green card categories and forms to fill, keep in mind that there is lots of misinformation on the Internet, some information may be outdated or would not apply in your case. Immigration law is constantly changing. Even a minor regulatory or policy adjustment affects thousands of people. You may not be aware how the latest policy change, order or decision affects your case.

An experienced immigration attorney is up-to-date with all the government rules, policies, regulations, and various other local laws that may affect your case. His or her extensive experience and holistic view of even complex situations make him or her the best asset for you and can make a profound difference for you and your life.

We regularly advise clients who have already filed applications on their own with inadvertent mistakes that caused serious consequences. They may have filed a wrong form, missed a deadline, received a denial following a Request for Evidence that could have been easily addressed, or filed for visa, green card or naturalization when they were ineligible and face the threat of removal. One simple mistake on the form may be interpreted by the US Citizenship and Immigration Services as misrepresentation or fraud with serious consequences. Your one mistake can make the process more complex and can even prevent your from ever achieving what you were trying to apply on your own (e.g., children may reach certain age, deadline is missed, etc.).

An experienced immigration attorney can get you the result that sometimes you would not be able to get on your own. An experienced immigration attorney can save you money, time, frustration, and anguish in dealing with a much harder case on your own. You have someone on your side ready to answer your questions, guide you and help you in every step of sometimes long and complex immigration process.

An experienced immigration attorney evaluates your situation, determines your eligibility and the best process to take to achieve your immigration goal, knows what forms you will need, how to fill the forms accurately, what documents to submit and how to best present your case . Therefore, when you hire an experienced immigration attorney, you will have peace of mind that this life-changing immigration process will be achieved successfully without unnecessary delays. In addition, unlike document preparers and various online immigration service providers, immigration lawyers have a professional and ethical obligations to ensure that they
competently provide legal services to you.

If you would like to discuss how we can help you achieve your dream of legally living and working in the U.S., call an experienced immigration attorney at (480) 425-2009 or contact us through our website to schedule a consultation.

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