National Domestic Violence Awareness Month

It's National domestic violence awareness month and USCIS reminds that the following foreign nationals can self-petition without their abuser's knowledge:

Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.

Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.

Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

What is an Orphan Child for Immigration Purposes?

There is a strict interpretation of what is an “Orphan” when it comes to adoption of a foreign national. Under immigration laws, INA §101(b)(1)(F), a child is determined to be an “orphan” due to (1) the death or disappearance of, abandonment or desertion of, or separation or loss from both parents, OR (2) the sole or surviving parent is incapable of providing proper care for the child and has in WRITING irrevocably released parental rights to the child for emigration and adoption.

When both biological parents are alive, the child may be considered to be an orphan if both biological parents abandoned the child to a child-placement entity, like an an orphanage. The child will not qualify as an orphan if the biological parents have directed the placement by specifying who will adopt the child.

“Separation from both parents” is the involuntary severance of a child from the birth parents by action of a competent authority for good cause and in accordance with the laws of the local country. The termination of all parental rights and obligations must be permanent and unconditional. The term “loss from both parents,” on the other hand, means the involuntary severance or detachment of the child from the parents in a permanent manner, such as that caused by a natural disaster, civil unrest, or other event beyond the control of the parents.

For a sole or surviving parent, the petitioner must prove that the biological parent is “incapable of providing proper care” to the child.” A parent that is impoverished and unemployed is insufficient to show that the biological parent is incapable of providing care unless a showing can be made that the poverty level in child's country falls below the national average. Examples of inability to support a child include a parent with a terminal illness, who is incarcerated, or experiencing an overwhelming financial burden.

Immigration Filing Fees Going Up Again

Immigration filing fees are going up again starting November 23, 2010. For those who are eligible to file, should do so as soon as possible before these fees go into effect. See below a list of increased fees:

Form Application Existing Fees Adjusted Fees
I-90 Application to Replace Permanent Resident Card $290 $365
I-102 Application for Replacement/Initial Nonimmigran $320 $330
I-129/129CW Petition for a Nonimmigrant Worker $320 $325
I-129F Petition for Alien Fiancé(e) $455 $340
I-130 Petition for Alien Relative $355 $420
I-131 Application for Travel Document $305 $360
I-140 Immigrant Petition for Alien Worker $475 $580
I-191 Application for Advance Permission to Unrel $545 $585
I-192 Application for Advance Permission to Enter $545 $585
I-193 Application for Waiver of Passport and/or Visa $545 $585
I-212 Application for Permission to Reapply for Adm $545 $585
I-290B Notice of Appeal or Motion $585 $630
I-360 Petition for Amerasian, Widow(er), or Special $375 $405
I-485 Application to Register Permanent Residence or $930 $985
I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500
I-539 Application to Extend/Change Nonimmigrant Stat $300 $290
I-600/600A

I-800/800A Petition to Classify Orphan as an Immediate $670 $720
I-601 Application for Waiver of Ground of Excludabil $545 $585
I-612 Application for Waiver of the Foreign Residence $545 $585
I-687 Application for Status as a Temporary Resident $710 $1,130
I-690 Application for Waiver of Grounds of Inadmissib $185 $200
I-694 Notice of Appeal of Decision under Sections 245 $545 $755
I-698 Application to Adjust Status from Temporary to $1,370 $1,020
I-751 Petition to Remove the Conditions of Residence $465 $505
I-765 Application for Employment Authorization $340 $380
I-817 Application for Family Unity Benefits $440 $435
I-824 Application for Action on an Approved Applicat $340 $405
I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750
I-881 Application for Suspension of Deportation or $285 $285
I-907 Request for Premium Processing Service $1,000 $1,225
Civil Surgeon Designation $0 $615
I-924 Application for Regional Center under the $0 $6,230
N-300 Application to File Declaration of Intention $235 $250
N-336 Request for Hearing on a Decision in Naturaliz $605 $650
N-400 Application for Naturalization $595 $595
N-470 Application to Preserve Residence for Natural $305 $330
N-565 Application for Replacement Naturalization/Cit $380 $345
N-600/600K Application for Certification of Cit $460 $600
Immigrant $0 $165
Biometrics Capturing, Processing, and Storing Biomet $80 $85

Apply Now for DV Lottery 2012

Online registration for DV Lottery 2012 began noon, Eastern Daylight Time (EDT) (GMT -4), Tuesday, October 5, 2010, and ends noon, Eastern Daylight Time (EDT) (GMT -4), Wednesday, November 3, 2010. All entries must be submitted electronically during the registration period, when applicants may access the Electronic DV Entry Form DS-5501. Click on the article title above to start your lottery application. Please note that paper entries are not accepted.

Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon, EST, on November 3, 2010.

EB-5 Investor's Green Card

EB5 - Green Card for Investors

With a waning economy and an increase in unemployment, the U.S. more than ever is in need of foreign investors who are willing to invest $1 million (or $500,000 in certain cases) in a new commercial enterprise and to create full-time jobs for at least 10 U.S. workers. In return for their investment, the U.S. has made it possible for these investors to qualify for an EB5 green card to reside in the U.S.

An investor can create his own company as noted above, however, in cases where ab investor prefers not to be involved in the day to day decision and running of a company, he or she can invest in a Regional Center. Regional Centers are less stringent in that it allows for 10 indirect or direct employees who are new to the regional center. It also allows for an investment of $500,000 and the freedom of the EB5 investor to live anywhere in the U.S.

Some may claim that the U.S. will allow individuals with shady or unlawfully gained money to buy their way to the U.S. It should be noted here that USCIS has a strict enforcement in tracing the source of money used for these investment. Whether a loan, gift or money earned by an investor, USCIS will need to know the source of every penny in the investment.

If EB5s the road for you in obtaining a green card, please feel free to contact my office for an office consultation.

Dream Act

Senate Majority Leader Harry Reid announced yesterday that he would attach the Development, Relief, and Education for Alien Minors (DREAM) Act to the Department of Defense authorization bill expected to come before the Senate as early as next week.

The Dream Act is intended to help those students who graduated from US high schools, who are of good moral character, arrived in the U.S. as minors, and who plan to attend college the opportunity to earn conditional permanent residency. If you fall into this category, then it may help you if it ever passes.

Who Can File a Fiance Visa?

Petitioning for a Fiance K Visa

In order to qualify to file for a fiance (K) visa, you must be a U.S. citizen, able to marry, have personally met your fiance within two years before filing of Form I-129F, and intend to marry within 90 days of your fiance entering the U.S.

Your foreign fiance also needs to be able to marry, have personally met you within two years before your filing and intend to marry within 90 days of entering the U.S.

The only exception to the requirement of meeting in person is if meeting would violate strict and long-established customs of you or your fiance's foreign culture or social practice or meeting your fiance would result in extreme hardship to you, the citizen.

Who Can Enter on a Fiance K Visa?

Your foreign fiance and her unmarried children who are under 21 years listed on Form I-29 will be eligible to apply to accompany your fiance.

Documents Needed to Prove U.S. Citizenship

The following documents may be submitted to prove U.S. citizenship:

Documents include U.S. birth certificate, Certificate of Naturalization, Certificate of Citizenship, your Form FS-240 or copy of a valid, unexpired U.S. passport issued with a validity period of at least five years.