Why Non-Attorneys Are Not Really Helpful

From the outset of your pursuit or gaining residence an attorney can prove useful. The application process is complex and delicate—make a minor error in declaration, or omit something, and you face being turned down. A Cambridge immigration attorney can help take the guesswork out of the application process, as well as guide you all the way through the process to a successful outcome.

Unfortunately, many individuals try to pass themselves off as possessing immigration expertise without having the necessary credentials. If the person does not possess a law degree and membership in a state bar, or have training under an attorney, he is not really qualified to help with more than minor details on the application. Among the titles such individuals often use are immigration consultant, notary public, and immigration specialist.

Determining a Consultant’s Qualifications

If you are unsure of whether an individual is actually an attorney you should ask for his bar number. Legitimate lawyers generally display these in their offices and ads. You can then verify the number by contacting the state bar association.

Other individuals who may be able to provide knowledgeable assistance are certified paralegals and accredited representatives. The latter receive training from a licensed Cambridge immigration attorney and are recognized formally by USCIS as qualified to assist applicants. Such individuals can also represent clients in court.

For Further Assistance and Information

You face a much better chance of gaining admission and residence in the U.S. if you work with a Cambridge immigration attorney. For assistance or information call Ionson Law today at 781-674-2562.

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When to File

It is assumed that during the two years in which your provisional green card is in effect you will make some ground toward becoming eligible on your own merits. You and your spouse have 90 days from the date that your green card expires to file the I-751. Once you file, your new status should extend to those children who entered the U.S. with you as well.

Filing Jointly

If you and your spouse agree to file jointly, which is generally the expectation, you may do so provided you remain married during the time the form is being processed. If you are in the process of a divorce and/or are separated, a Cambridge legal immigration attorney will help you through any difficulties with USCIS. You can expect, however, to be called to a local office for an interview. Should your divorce become final while the joint petition is being considered, it will be denied.

If You Divorce

If you and your spouse do divorce, you may still be able to file the I-751 on your own. A Cambridge legal immigration attorney will assist you if you run into difficulties, but this can apply even if you are still married and your spouse refuses to sign the petition, or if your spouse dies. In order to accomplish this you will need to ask that the requirement for joint filing be waived.

For Immigration Law Assistance

If you need to file an I-751 or have questions about another immigration matter, call an experienced and dedicated Cambridge legal immigration attorney at Ionson Law: 781-674-2562.

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You Must Already Have an Entry Visa

The process for asserting fear of return begins by entering the U.S. through some legal immigration means, such as a tourist visa. You cannot assert fear successfully if you are in the country without proper documentation. That said, you do not have to be in the U.S. for a minimum length of time first; you can assert fear at an entry point, such as an airport. The problem with this is that if you explain your fear to an inspector right away, and he doesn’t believe you, you will be deported and will not be allowed to enter the U.S. for five years.

The Credible Fear Interview

After you announce that you fear for your safety should you return to your home country, you will then be given a credible fear interview. This will be conducted immediately. It is a good idea to speak with a Cambridge green card lawyer prior to this in order to gain a clear understanding of how you need to articulate your fear. The fear you have must be for matters of persecution.

Should you not pass the credible fear interview, it is essential that you then request a hearing before an immigration judge right away; if you don’t, you will be deported for the five years. The hearing will be held within seven days, and will either be in-person or by phone. Assuming the immigration judge believes your fear is credible, he will schedule a full hearing. This hearing will occur in a court. If prior to this you have not secured the services of a Cambridge green card lawyer, it is very important that you do so now.

While Waiting for the Hearing

Once a full hearing is scheduled, you will likely be placed in detention. You should work with your lawyer at this point in order to post a bond. To do so you will need to show that you will have financial support until your case is decided.

If You Need Assistance with an Immigration Issue

If you are applying for asylum, or have another immigration concern, call a Cambridge green card lawyer at Ionson Law at (781) 674-2562.

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Specific Issues That Raise Suspicion

The fact that one member of a couple does not have residence status is not generally the controlling factor in USCIS determining that a marriage interview is in order. Your green card attorney in Cambridge, MA will discuss in greater detail specific issues that elicit suspicion, but the most common are:

• The marriage is very recent.
• A great difference in cultural values and practices exists between the members.
• A great age disparity exists.

It should be noted that marriage interviews are not as often demanded when an I-130 is filed at a U.S. consulate.

The Nature of the Marriage Interview

The precise nature of the interview, and questions that might be asked, depends largely on the interviewer, himself. You can expect that the interview will be videotaped, and you and your spouse may be interviewed together, separately, or both.

Your green card attorney in Cambridge, MA can somewhat prepare you for the sorts of questions you may be asked, but generally the officer wants to gain a sense that you do, in fact, live together and are in a relationship that is not merely on paper. To this end the officer may ask you about such things as:

• Friends in common.
• Places you like to go together.
• How you divide chores at home.
• What your home looks like.
• How you met, and/or your first date.

A common concern with couples is that they might be expected to reveal more intimate aspects of their relationship. USCIS policy discourages the officer from asking embarrassing questions, but at times certain more delicate questions may be deemed necessary, particularly if other answers seem insufficient to prove that the two are truly a couple. Ultimately the best advice is simply to be prepared for any questions that may be asked.

For Further Questions or Legal Assistance

If you are filing an I-130 or have another immigration concern, call a green card attorney in Cambridge, MA at Ionson Law: (781) 674-2562.

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SEVIS and Student Tracking

At such time a school issues an I-20 to a student, it must let the U.S. consulate in the student’s home country know. The consulate then approves the visa, after which it notifies USCIS. The school will then allow the student to take courses in accordance with the visa, and must keep tabs on the student via the database SEVIS.

As your Cambridge legal immigration lawyer will tell you, any changes in your status must be reported to the school immediately. Among the matters pertinent to SEVIS and your visa status are:

• Your personal identification information, such as your legal name, and date and place of birth.
• Your residence while the visa is in force.
• Whether you are a full- or part-time student.
• Your major area of study, and when your studies began.
• If your studies cease, and the reason.
• Any certifications you possess for specialized or practical training.
• Proof of financial responsibility.
• Your progress, as measured by the number of credits earned each semester.
• Any disciplinary actions related to academics, such as probation.
• Any actions the school takes as a result of a criminal conviction.

Requirements for Schools to Report Changes in Student Status

The school must report a student’s status on a continual basis each semester, and no later than 30 days following the deadline for class sign-ups. This helps USCIS keep track of students who for whatever reason fail to register and maintain the status required by their I-20 visa. The school also must report changes in a student’s status within 21 days. Ultimately, if for any reason your status changes in such a way that you fear your visa may be in jeopardy, you should speak with a Cambridge legal immigration lawyer right away.

If You Need Assistance with an Immigration Issue

If you are a student entering the U.S. to study on an I-20 visa, it is important to understand the importance of maintaining your status. Call a Cambridge legal immigration lawyer at Ionson Law: (781) 674-2562.

The post How Schools Must Keep Track of International Student Status appeared first on Ionson law.

Temporary and Available

The key issues lesser-known entertainers and industry workers face in obtaining H2-B visas are how temporary the job is, and whether American workers are available to fill the positions. It should be noted from the outset that labor unions and other entities are generally reluctant to break up touring groups and the workers who accompany them, so each of these individuals generally will not have much difficulty in obtaining the H-2B.

Temporariness

The issue of how temporary a job is would not seem a difficult one, but it can pose challenges. Cambridge immigration attorneys will discern how well a job fits the rule for temporariness, but some of the most pertinent factors are:

• Is the job a nightclub act? If, for instance, an entertainer books to work at a nightclub for ten days, the job is not really considered temporary in most cases, given that the nightclub is not temporary.
• On the other hand, if the entertainer is on tour, or is shooting a movie, these are by nature always temporary, so an H-2B may be obtained.

Availability

Cambridge immigration attorneys will also need to help the client determine whether American workers are available for the position. This generally requires obtaining a clearance from the Department of Labor. When one files for H-2B status, the application must be made with the State Workforce Agency (SWA). The SWA will then contact the relevant entertainment union to determine whether any U.S. workers are available, or if some other objection exists to the foreign act being allowed temporary worker status.

Ultimately, the offer to employ the entertainment worker must come from a U.S. employer. A foreign company cannot hire an individual to work here on an H-2B. This employer must not be in name only, but must act in that capacity in all aspects.

If You Need Assistance with an Immigration Issue

If you are applying for temporary worker status, it is important to understand all that is necessary in order to qualify. For assistance with immigration matters, call the Cambridge immigration law firm of Ionson Law at (781) 674-2562.

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The Interview

When you attend the consular interview an officer will verify your DS-2019 record. This will be done electronically with the use SEVIS—the Student Exchange and Visitors Information System. The officer will also inspect documents which provide information about your financial viability, along with ties you have to your home country. The latter is important, for the rule of thumb is that the closer ties a person has to his home country, the less likely he will be to try to remain in the U.S. unlawfully.

As your immigration law firm in Cambridge will suggest, your interview will also include questions. Among the most important of these are your plans for returning to your home country. Should you seem uncertain, your J-1 may be jeopardized. Similarly, if your answers to questions give the impression you will be applying for a green card, your visa may be denied.

The Wait for an Answer

You should not expect that the J-1 process will happen quickly. An agent will need to check your information against various databases, including those which deal with violations of immigration laws and criminal records. This process will add weeks, and probably months to your wait.

For Immigration Assistance

For assistance with a J-1 consular interview, or for other immigration matters, call Cambridge immigration law firm of Ionson Law at (781) 674-2562.

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Border Patrol Inspectors

Whether you enter the country through an international airport, train station, or border crossing, border patrol inspectors will want to know that you are entering legally. It is important to keep in mind that immigration status is particularly scrutinized in the post-9/11 world. An immigrant who is trying to enter, then, and cannot specifically explain his status is in danger of being excluded.

When you apply to enter the U.S., your Cambridge immigration attorney should thoroughly explain your status, including its limitations. The Immigration and Nationality Act gives border patrol inspectors broad powers to prevent entry to individuals under certain circumstances, including:

• The person requesting entry does not have the proper documentation for the status applied for.
• The inspector believes, based upon inconsistencies in the immigrant’s answers or understanding, that the person is lying.
• Details in the documents are falsified, or the inspector believes they are.

How Expedited Removal Affects an Applicant’s Entrance

If an inspector refuses admission under Expedited Removal, the applicant cannot gain admission for five years. In some cases it is possible to obtain a waiver, but don’t count on it.

Should an inspector refuse admission to you, your best option is to ask him to withdraw your application. This will keep your record clean and help you avoid the five-year exclusion. That said, the best option of all is to be very clear about your status prior to being questioned by the inspector.

Immigration Attorneys Can Help

For assistance with immigration matters, call a Cambridge immigration attorney at Ionson Law: (781) 674-2562.

The post The Importance of Understanding Your Status—Expedited Removal appeared first on Ionson law.

“Consulate Shopping”

While you may very well have good reason for applying at a consulate outside your home country, some individuals do this in order to avoid those consulates with tighter restrictions. An L-1 visa application from a third country will, for this reason, raise suspicion you may wish to avoid.

When You Cannot Apply as a Third Country National

In some instances, as your immigration lawyer in Cambridge will explain, an individual cannot apply for an L-1 at a consulate other than in his home country. This is true for anyone who has ever been present in the U.S. unlawfully. Indeed, if you apply and are accepted under an L-1, and it is later found that you had been in the U.S. previously without authorization, your visa will be cancelled and you will need to return to your nation of origin to reapply.

Some consulates are more hard-put to disallow L-1 immigration than others—hence the practice of consulate shopping. Whether your home consulate makes it difficult to obtain the visa depends partly on the nature and seriousness of your previous unlawful presence.

That said, most individuals who do apply for L-1 visas from other consulates do so for legitimate reasons. Assuming you have not been present in the U.S. unlawfully in the past, there is no reason why you cannot apply as a third country national; just be prepared for closer scrutiny.

Call Immigration Lawyers in Cambridge Today

For assistance with immigration matters, call an immigration lawyer in Cambridge at Ionson Law: (781) 674-2562.

The post Applying for an L-1 Visa as a Third Country National appeared first on Ionson law.

The Rationale Behind the Law

A United States Permanent Resident Card (USCIS Form I-551) allows individuals to live and work in the country. As such, it is expected that an individual who applies to enter the U.S. under the green card provision can work and support himself or that another responsible individual support him. This applies even for individuals who seek temporary residence. If the applicant is deemed “likely to become a public charge,” he will be denied.

How Self-Sufficiency Is Determined

The Cambridge immigration law firm representing your interests will take into consideration criteria that are used to determine whether a person is likely to be dependent upon public assistance, and work to find arguments to suggest otherwise. Among the criteria are:

• Personal and family assets.
• Your education and skills.
• Your health.
• Your age.

You may also be required to make available either documentary proof that you are able to provide for yourself or another’s promise to do so.

If You Need Assistance with an Immigration Issue

If you are applying for a green card, it is important to understand all that is necessary in order to qualify. For assistance with green card and other immigration matters, call the Cambridge immigration law firm of Ionson Law at (781) 674-2562.

The post A Major Cause of Green Card Denials appeared first on Ionson law.