American Green Card Eligibility Through Other Categories
3/7/24
You may have heard about the usual paths to obtaining an American Green Card, such as through family sponsorship or employment opportunities. But did you know there are other ways to do it? The United States Citizenship and Immigration Services (USCIS) offers various categories to lead you to your American dream. In this article, you will learn these pathways and uncover the secrets to obtaining a permanent resident card through alternative eligibility categories.
Liberian Refugee Immigration Fairness (LRIF) The Liberian Refugee Immigration Fairness (LRIF) program offers a chance for certain Liberian nationals and their families to get a Green Card, allowing them to live permanently in the United States. This program provides safety and a new beginning for those who have faced difficulties.
Diversity Immigrant Visa Program The Diversity Immigrant Visa Program (DV Program) offers up to 50,000 immigrant Visas annually through a random selection process. These Visas are given to individuals from countries with low U.S. immigration rates. The United States Department of State (DOS) manages the DV Program. Keep in mind that you must complete the adjustment of status process by September 30 of the relevant fiscal year; Visas can’t be carried over to the next year. Some winners already in the United States can apply for a Green Card through the USCIS. Cuban Adjustment Act The Cuban Adjustment Act (CAA) of 1966 permits Cuban natives or citizens residing in the United States to apply for lawful permanent residency if they meet specific eligibility requirements. This process, known as “adjustment of status,” involves filing Form I-485.
Dependent Status Under The HRIFA The Haitian Refugee Immigration Fairness Act (HRIFA) provides a pathway for certain nationals of Haiti who were residing in the United States to obtain permanent residency, commonly known as a Green Card. While the deadline for principal applicants to apply has passed, dependents of the principal applicant may still be eligible to apply under HRIFA provisions.
Lautenberg Parolee The Lautenberg Amendment allowed some religious minorities from the former Soviet Union, Latvia, Lithuania, or Estonia who were denied refugee status but granted humanitarian parole into the United States to later apply for a Green Card. They are eligible for this after being physically present in the United States for a year. This program stopped accepting new applicants in 2011, and though Congress renewed it, the parole program wasn’t restarted.
Indochinese Parole Adjustment Act Of 2000 The Indochinese Parole Adjustment Act, passed in 2000 (Public Law 106-429), helps people from Vietnam, Kampuchea (Cambodia), and Laos get a Green Card, or permanent resident status, in the United States. The Indochinese Parole Adjustment Act provides a clear way for eligible people to become permanent U.S. residents.
American Indian Born In Canada American Indians born in Canada with at least 50% American Indian blood have the right to enter the United States and request permanent residence (Green Card).
Person Born In The United States To A Foreign Diplomat Individuals born in the United States to foreign diplomats stationed in the United States can pursue permanent residency through this pathway. This provision recognizes the unique circumstances of diplomatic families. To get a Green Card through record creation, you must be born in the United States to a foreign diplomat. You must also have continuously lived in the country since birth and not have abandoned your U.S. residence.
Obtain An American Green Card With An Immigration Attorney An immigration lawyer plays a vital role in guiding individuals through the complex process of obtaining a U.S. Green Card.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Texas Judge Halts President’S Expanded Executive Action Immigration Plan
3/1/24
In 2012, the U.S. Government implemented the Deferred Action for Childhood Arrivals (DACA) program, which provides that “certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal.” Deferred action is the use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Individuals who qualify for deferred action are also eligible for work authorization. Since 2012, DACA has helped thousands of immigrants avoid deportation. The program, however, provided deferred action to a limited group of immigrants.
In November 2014, President Barack Obama announced an executive action immigration plan, which provided a series of executive actions to crack down on illegal immigration and to prioritize deporting felons and not families. One notable—and controversial part—of Obama’s executive action plan has been the executive action to expand the population eligible for the DACA program. Notably, the expanded executive action DACA provides deferred action relief for “people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010.” The expanded executive action DACA had been expected to provide deportation relief for millions of immigrants in the United States.
Texas Judge Halts Expanded Executive Action DACA In December 2014, Texas Gov. Greg Abbott filed a lawsuit on behalf of Texas and 26 other states claiming that the President exceeded his legal authority in issuing his executive action plan. Recently, Texas federal judge Andrew Hanen issued a preliminary injunction to block the President’s administration from implementing the executive action plan, and in particular, the expanded DACA program.
The judge believes that the President abdicated his responsibility to uphold the United States Constitution when he issued his executive action plan. The President’s administration is up in arms over the federal judge’s recent ruling halting the President’s executive action plan. In response to the ruling, the White House issued a statement:
“The Supreme Court and Congress have made clear that the federal government can set priorities in enforcing our immigration laws—which is exactly what the President did when he announced commonsense policies to help fix our broken immigration system.”
The White House maintains that the President acted within his legal authority in issuing the executive action plan, and it plans to appeal the judge’s decision halting the executive action plan.
2012 DACA Program Unaffected By Injunction Of Executive Action It is important to remember that the DACA plan instituted in 2012 is not affected by the judge’s decision. The federal judge in Texas specifically stated that the injunction does not involve the 2012 DACA program, which has provided deferred action of about 700,000 teenagers and young adults.
USCIS has also reminded individuals that the 2012 DACA program is not affected by the court’s temporary halting the executive action plan. As such, USCIS has stated that, “Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established [through executive action] in 2012.”
Questions About The Expanded Executive Action Plan? Contact A Texas Immigration Attorney If you have questions regarding how the judge’s decision to halt the executive action immigration plan affects you, Lozano Law Firm can answer all your questions. Contact an experienced San Antonio, TX immigration attorney today.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Uscis to Begin Accepting Requests Under Expanded Deferred Action for Childhood Arrivals
3/1/24
The U.S. Citizenship and Immigration Services (USCIS) has recently announced that it will begin to accept requests under the expanded Deferred Action for Childhood Arrivals on February, 18 2015. This is the first day that individuals can submit a request to apply for the DACA program as part of the revised guidelines that President Barack Obama announced in his executive action immigration plan in November 2014.
Initial DACA Program Requirements In September 2012, the U.S. government announced the Deferred Action for Childhood Arrivals program, which allows certain people who came to the United States as children and meet several guidelines to request consideration of deferred action for a period of two years, subject to renewal. Importantly, this allows children eligible under the program to remain in the United States without having to fear being deported. Importantly, it also allows eligible children to apply for work authorization.
In order to qualify under the initial DACA program, an applicant had to come to the United States before one’s 16th birthday, must have continuously resided in the United States since 15 June 2007, must have been under the age of 31, and must have had no lawful status in the United States, as well as several other requirements. Ultimately, there had been some criticism of the initial DACA program in that it did not provide deportation relief for enough immigrants.
Requirements For Expanded DACA Program Recently, President Barack Obama enacted significant reform that will expand the DACA program, as well as impact other immigration programs. Through the president’s executive immigration plan, he has expanded the DACA program to increase the number of immigrants eligible for deportation relief. Specifically, the DACA program expands to individuals who:
Entered the United States before the age of 16; Have lived in continuously United States continuously since at least 1 January 2010, rather than the prior requirement of 15 June 2007; and Are of any age (removes the requirement to have been born since June 15, 1981). Applicants must also meet other requirements under the initial DACA program, including not having been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and not otherwise posing a threat to national security or public safety. The expanded DACA program also increases the time period of employment authorization from two years to three years.
Questions About The DACA Program? Contact A Texas Immigration Attorney If you have any questions regarding the new DACA program, a Texas immigration attorney can help answer your questions and more. Lozano Law Firm, a full-service immigration law firm, has experienced Texas immigration attorneys who can help guide you through the DACA process and the program’s different requirements.
Contact an experienced Texas immigration law attorney at the Lozano Law Firm. Our firm is located in San Antonio and San Angelo. Lozano Law Firm wants to help you and your family with all your immigration needs.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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H-2B Visa Cap Has Been Reached for First Half of 2015 Fiscal Year
3/1/24
The U.S. Citizenship and Immigration Services (USCIS) announced that the agency has reached the cap on the on the total number of foreign nationals who may seek a Visa or otherwise obtain H-2B status for the first half of fiscal year 2015. The H-2B Visa program “allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.” Recently, USCIS announced that the Czech Republic, Denmark, Madagascar, Portugal, and Sweden have been added to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. There are 68 eligible countries that may participate in the H-2 Visa programs.
Notably, in order to qualify under the program, the prospective work in the United States must be temporary, which is considered a one-time occurrence, seasonal, intermittent, or peakload. USCIS may grant H-2B classification for up to the period of time specified for the job, and H-2B classification may be extended for qualifying employment in increments of up to one year each, for a maximum of three years.
Cap Limit For H-2B Visa Applicants Each year, there is a statutory numerical limit, which is set by Congress. This limit caps the number of total immigrants who may be issued a Visa under the H-2B program. Currently, the H-2B cap is set at 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the first half to the fiscal year (1 October to 31 March) and the remaining to be issued in the second half (1 April to 30 September).
On 26 January 2015, the H-2B cap for the first half of the 2015 fiscal year was reached. Moving forward, any H-2B application that USCIS receives after 26 January 2015 and that requests an employment start date prior to 1 April 2015 will be rejected. Furthermore, there will be no cap numbers carried over to the second half of the fiscal year 2015, which begins 1 April 2015, because the cap has been reached.
Economic Impact Of H-2B Workers The U.S. Chamber of Commerce (a business federation representing companies, business associations, and state and local chambers in the U.S.) has published a report looking at the economic impact of the H-2B Visa program. Many businesses in the United States rely on the H-2B Visa program to sustain their businesses. Additionally, the program benefits states’ economies, including “seafood processing on Maryland’s eastern shore, restaurants and inns on Nantucket and ski resorts in Colorado, among other businesses.”
One major criticism of the program is that it takes jobs away from U.S. citizens or depresses the wages of U.S. workers. Importantly, the report found that the H-2B Visa program does not adversely affect U.S. workers’ employment or earnings, and employers use to the program to fill jobs not being filled by U.S. workers. In fact, the report found that many U.S. businesses would go out of business if they could not use seasonal H-2B Visa workers.
Based on its report, the Chamber believes that “Congress and the administration should be looking for ways to expand and improve temporary worker programs.” In particular, the Chamber believes that removing the annual cap of 66,000 is necessary. At the very least, if a cap is necessary, the Chamber believes the cap should be based on market forces, rising when the demand for H-2B workers increases, and shrinking when fewer workers are needed.
Contact A San Antonio, Texas Immigration Attorney If you have any questions regarding the H-2B Visa program or any other immigration question, a Texas immigration attorney can help. Lozano Law Firm is a full-service immigration law firm with experienced San Antonio immigration lawyers who can help you and your family with all of your immigration needs.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Record Number of H-1B Visa Applications Leads to Calls for Change
3/1/24
Another round of H-1B Visa applications has resulted in a record-breaking 233,000 applications for only 85,000 H-1B Visas. As a result, the U.S. Citizenship and Immigration Services has decided to hold a lottery for the spots, putting the immigration status of thousands of applicants in jeopardy. H-1B Visas are temporary Visas applied for through an employer, allowing employees in certain specialty occupations to live and work in the U.S.
While some opponents to increasing the number of H-1B Visas are concerned that the program threatens the job prospects of Americans, it appears to be untrue that H-1B Visas holders take jobs away from citizens. A recent Brookings institution study found that 43% of positions for which Visas applications were rejected simply weren’t filled. Some companies that have been unable to obtain Visas for critical employees describe being forced to move sectors of their company overseas in order to keep those employees on the payroll. Additionally, statistics show that immigrants with the education and skills necessary to qualify for H-1B Visas tend to fill gaps in the current American workforce, such as in the sciences, technology, engineering, and math (STEM) fields, and are more likely to win patents and start their own businesses. These are all important factors in the continued competitiveness of the U.S. in the global business market. Critics nevertheless point to claims that foreign staffing agencies, especially those in India, issue a flood of applications for their employees, in order to increase the share of Visas they obtain. Also, a U.S. Senate committee is currently investigating claims that utility company Southern California Edison laid off a number of American employees in order to fill the positions with foreign workers.
Many business leaders, including Google CEO Eric Schmidt, Yahoo CEO Marissa Meyer, and Microsoft founder Bill Gates, are backing an immigration reform lobbying group named FWD.us, founded by Facebook CEO Mark Zuckerberg. These companies employ a number of H-1B Visas recipients and are seeking to ensure the job security of these workers seen as integral to the continued success of their organizations.
Former New York City mayor Michael Bloomberg has also added his name to the fight for immigration reform, via his organization Partnership for a New American Economy. This group has been raising awareness through the story of Pierre-Jean “PJ” Cobut. Cobut, a Belgian health care device entrepreneur, will be deported after his student Visa expires if he is unsuccessful in receiving an H-1B Visa via the lottery. Cobut has announced that if his H-1B Visa application and that of his Israeli co-founder are rejected, he will be forced to relocate his business to Canada. Proponents of Visa reform are drawing attention to the debate through the Twitter hashtag, “#LetPJStay.”
Don’t attempt to navigate the complex world of U.S. immigration alone. Consult the experienced and knowledgeable Texas immigration attorneys at the Lozano Law Firm, for a consultation about your immigration issues. We are available to help you secure your and your family’s futures with multiple offices across the state of Texas.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Fifth Circuit Court of Appeals Upholds Stay on Changes to Immigration Policies
3/1/24
The U.S. Fifth Circuit Court of Appeals has recently said that President Obama’s executive orders preventing the deportation of numerous illegal immigrants remain barred from going into effect. While there has not yet been a ruling on whether or not the changes in immigration policy are constitutional, the stay on their implementation is a sign that the federal court is likely to find the policies illegal. The injunction remaining in place has barred two proposed new policies from being implemented by the Federal Government that would grant deferred action and Work Permits to currently-unauthorized immigrants. One would have accepted applications from persons over 30 who moved to the U.S. when they were children or teens. The other would have accepted deferred action applications from unauthorized immigrants whose children were permanent residents or U.S. citizens.
With this most recent ruling, the Fifth Circuit was upholding a Texas U.S. District Court judge’s decision from back in February. Twenty-six states, including Texas, sued the Federal Government in that U.S. District Court to stop the Obama Administration’s proposed changes in immigration policy from being enacted. These states are arguing that they bear the burden of illegal immigration from having to pay for the public schooling for undocumented children, as well as emergency health care for unauthorized immigrants who are not permitted to obtain health insurance policies through the Obamacare exchange.
These states also argue that the burden on them will be increased with implementation of these new policies, since more immigrants will enter the U.S. illegally, knowing that they will be able to become legal immigrants in the future. In contrast, 13 states (with an even greater collective number of unauthorized immigrant residents, and thus bearing a larger “burden”) filed briefs in support of the Obama Administration’s changes to the law.
The court’s stated reason for finding the new policies problematic and putting a stay in place is that the Obama Administration failed to comply with the “notice and comment ” period required to implement a new federal regulation. Normally, when the Federal Government makes changes to code sections and regulations, it must provide a certain period of notice in the official Federal Register, and give time for the public to comment on the proposed change. Some experts suggest that, if the Obama Administration began the process of having the executive orders approved and began the official notice and comment period, the court would no longer have a basis for finding the proposed changes illegal, and would be forced to end the stay. The District Court judge implemented the stay on the policy changes while he forms his decision on the legality of the Obama Administration’s actions, under the theory that, if illegal, the implementation of the revised policies could cause irreparable harm.
Immigration law is in a period of major flux. If you are making decisions about when and how to apply for permanent residency or citizenship, find legal counsel you can trust to guide you through this confusing process. Contact the compassionate and experienced San Antonio immigration attorney Alfredo Lozano for assistance with your claim.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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American Citizen Has No Right to Court Review of Denial of Husband’S Visa Application
3/1/24
The United States Supreme Court has decided that consular officers will continue to have broad discretion, and little outside challenge, when denying a Visa application. In the case titled Kerry v. Din, Fauzia Din, an American citizen via naturalization, had married Kaniska Berashk, a citizen of Afghanistan. Berashk submitted an application with the consular office at the U.S. embassy in Islamabad, Pakistan, based on being married to a U.S. citizen. The application was denied. The consulate officer handling Berashk’s application failed to enumerate the reasons for the denial, but cited “terrorist activities,” a term with a broad definition under the Patriot Act and the 1996 Congressional immigration reform legislation.
Din brought the matter to a local federal trial court for review, arguing that she was entitled to appeal the consular officer’s decision since she was being denied her right to live with her spouse. She argued that, if the decision was upheld, she was entitled to an explanation of what the applicant had done that made him ineligible for citizenship, and the law under which he was ineligible. A federal appeals court agreed with her, holding that the consular officer had based the denial on insufficient grounds.
The Obama administration appealed this decision, arguing that applications for citizenship can be denied based on evidence that the government is not required to disclose to the applicant, and that it has absolute authority to keep non-citizens out of the country for any reason.
The Supreme Court ruled that Din did not have a right to court review of the consulate’s decision denying the Visa. While the decision was split, with enough Justices siding with the Obama administration to cause Din to lose, but not all agreeing with one another on the basis for doing so, the Court essentially held that the reason that the consular officer gave her was sufficient to meet any rights that Din may have had. The four Justices who dissented with the majority reasoned that Din had a right as a U.S. Citizen to live with her husband in the U.S., and, under the Due Process clause of the Fifth Amendment, was entitled to be heard in court if that right was denied. While it seemed as though the Court might permit court challenges to consular Visa denials under different circumstances in the future, for the time being, consular decisions aren’t reviewable in a court of law.
Citizenship and Visa application processes are complex and overwhelming. If you or a loved one are attempting to attain a long-term Visa, permanent residency, or apply for citizenship, ensure that you are prepared for the process by retaining skilled legal help. The Lozano Law Firm has the experience and flexibility to best serve your immigration law needs, with offices located in both San Antonio and San Angelo. For a consultation concerning your immigration issues, from anywhere in Texas, or throughout the US, call us to get the help you deserve.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Sanctuary Cities for Undocumented Individuals Threatened By House Bill
3/1/24
Sanctuary cities across the United States are under threat by the U.S. Congress. Local law enforcement bodies in these cities, which include Dallas, Houston, and Austin in Texas, follow a policy of not investigating the citizenship status of the individuals they arrest, nor reporting the undocumented status of arrested individuals where the individual is not a violent felon. This week, in an effort by Republicans to take a stronger stance on immigration enforcement, the U.S. House of Representatives passed a bill that would cease federal funding to these sanctuary cities. President Obama, whose administration has not yet taken action against the over-200 cities and counties which decline to enforce federal immigration policy, has stated his intention to veto the bill should it reach his desk.
The strong reaction from Republicans in Congress follows several months of increased national attention to illegal immigration. On July 1, Kathryn Steinle, 32, was shot by Juan Francisco Lopez-Sanchez, an undocumented immigrant who had been deported to Mexico five times, and had previously been convicted of seven felonies mostly relating to narcotic charges. Prosecutors allege that Lopez-Sanchez shot Steinle as she walked on Pier 14 in San Francisco. Lopez-Sanchez has pled not guilty to the charges, and claims that the gun went off accidentally when he found it on the ground, wrapped in a t-shirt.
Presidential candidate Donald Trump has also contributed to increased attention on immigration policy. On June 16, Trump made public comments regarding the tendency of Mexico and other countries to use the United States as a “dumping ground” for its undesirable citizens, including drug addicts and rapists. Republicans have largely made a point of distancing themselves from these sentiments, but nevertheless seem to be adopting a similarly anti-immigrant stance, leading Democrats to label the above bill the “Donald Trump bill.”
Navigating the immigration process can be confusing and intimidating, especially in a political climate where policies at a state and national level keep changing. Finding a lawyer who can offer reliable guidance on current laws and zealous advocacy for your rights can help ensure the success of your application for a long-term Visa, permanent residence, or citizenship. If you need help with an immigration law matter in San Antonio, San Angelo, or throughout Texas, contact the Lozano Law Firm for a free consultation on your issues.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Strict Immigration Policies Keep U.S Military Families Apart
3/1/24
It is a sad fact that, in this country, military service members often find their own families torn apart by the immigration laws of the very country they have devoted their lives to serving. A recent article in the online publication The Daily Caller highlighted the plight of hundreds of thousands of military families that cannot be together because one or more family members is not allowed in the U.S, despite their family member’s military service.
The article focuses in particular on Texas resident and Retired Air Force Major Alex Gonzalez, a decorated combat veteran who served from 1989 through 2008, including service in Iraq, and now works with the Defense Department to train Iraqi pilots. Gonzalez was married in 2010 to Yuritzi Gonzalez, who had entered the United States from Mexico when she was 17 and deported when she falsely told authorities she was a U.S citizen while trying to visit her sick father in Mexico. After making her way back to the U.S, where she met and married Alex, the couple “self-deported” to Columbia where he worked for the State Department under the impression that she could reapply for a Visa and they could come back to the U.S. Her Visa was denied, however, and she was banned for life from the U.S. She now lives with their child in Mexico while he continues to serve his country in Texas.
The Gonzalez’ story is just one of many thousands of stories of military families that suffer under the current regime of federal immigration laws. That said, there are recently introduced avenues in place that can help military service members in obtaining immigration protection for spouses and children. In late 2013 (after the Gonzalez’ application was denied), the U.S. Citizenship and Immigration Services (USCIS) introduced what it called a “military parole in place” policy, which gives the USCIS additional powers to grant special parole consideration (in other words, the right to be in the U.S for at least some period of time) to undocumented individuals who are spouses, children or parents of active duty members of the U.S armed forces; individuals in the Selected Reserve of the Ready Reserve (SELRES); or individuals who previously served in the US armed forces or the SELRES. While the USCIS generally grants parole very sparingly, the USCIS announced that being a family member of an active or former service member “weighs heavily in favor of parole in place,” and that, “absent a criminal conviction or other serious adverse factors, parole in place would generally be an appropriate exercise of discretion for such an individual…if USCIS decides to grant parole in that situation, the parole should be authorized in one-year increments, with extensions of parole as appropriate.”
Applying for the protections offered by parole can be a challenging and time-consuming process, and it is important that it be done properly and that all the necessary evidence is included in support of the application. It is in your best interest to find legal counsel you can trust to guide you through this confusing process.
Contact the compassionate and experienced San Antonio immigration attorney Alfredo Lozano for assistance with your claim.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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I-601A Provisional Waiver Requirements
3/1/24
While most of the requirements are going to be the same as the current process, there are some changes that will affect the process in general, not just for LPRs:
Reason to believe standard – USCIS officers were allowed to deny the 601A if they had “reason to believe” that the person was otherwise inadmissible for possible fraud, minor crimes, etc. This will no longer apply. Officers can, however, still deny as a matter of discretion for reasons like felony crimes or prior deportations. The restrictions based on the date that the Dept. of State initially acted to schedule the Immigrant Visa interview are also eliminated – the original rule said that if you had an Immigrant Visa appointment with the consulate prior to January 2013, then you could not qualify for the provisional waiver. This restriction will no longer apply. Officers are now also instructed to provide additional detail regarding application deficiencies in Requests for Evidence (RFEs) relating to claims of extreme hardship in order to better allow applicants to efficiently and effectively cure such deficiencies – this was a problem for a LONG time. When an RFE is sent, they can often tend to sound general without letting the applicant know exactly why they believe the application is insufficient. Now, they are being instructed to provide better details about why the RFE is being issued so the issues can be addressed specifically. We expect that more information will keep coming out on this throughout the next month or so. We will make sure to update this page with additional information as it becomes available.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Yes, You Have Rights Even Under a Trump Administration!
3/1/24
If you, a family member, or friend are undocumented, the most important thing you can do right now to protect your rights is to be prepared for how to respond if you are detained. This will help to ensure that your rights are protected and that you can fight your removal before an Immigration Judge.
Why You Might Be Detained Not all undocumented immigrants are detained once they are caught by ICE. In fact, you are more likely to be released if you have family in the U.S., have no criminal history, and appear to have a case for relief from deportation. You are more likely to be detained if you have a criminal history or a prior negative immigration history, like a deportation. If you have a criminal history, you may still be eligible for bond, but if you have a prior deportation order, ICE can use that order to immediately remove you from the U.S. without getting a chance to fight in immigration court.
If ICE doesn’t release you, or if you are unable to pay bond before being transferred to an immigration detention center, you should be prepared for what to expect once you are detained.
Contacting Family & Friends If you are detained, you can, and should, contact your family or friends as soon as possible. You have the right to make one free, local call. You are responsible for the cost of all other calls, either by establishing an inmate account or by making collect calls.
Let whoever you contact know where you are detained, your alien registration number (“A number”), and any bond information. Your A number is listed on any paperwork you are given, including the document called the “Notice to Appear” – the document that tells you what you are charged with and ordering you to appear for Immigration Court – given to you by ICE.
Your “A number” is extremely important for your family to know, since it will help them to communicate with immigration officials about your case. You should also give them any bond information, such as whether a bond was granted and the amount.
If you have an immigration lawyer, ask your family to contact them immediately. You also have the right to speak to your home country’s consulate. If you want to speak to your consulate, ICE should give you the contact information or help you contact them. The consulate may be able to help you contact your family or help you find a lawyer.
Be Careful What You Say It is very important that you are honest with the officers that you speak with during this process. If you give false information, such as a fake name or date of birth, this can hurt your case and make it more difficult for your family and friends to locate you.
If you are unsure about what you should or should not say, especially if you have a criminal record or complicated immigration history, it is best to speak with an immigration lawyer before you say anything.
FIND OUT WHERE YOU STAND! You may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation.
If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Know Your Rights
2/21/24
During an interview on “60 Minutes”, President-Elect Donald Trump reaffirmed his commitment to commence with the deportation of millions of undocumented “criminal” aliens from the United States. Specifically, Mr. Trump stated: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, where a lot of these people, probably 2 million, it could be even 3 million, we are getting them out of our country or we are going to incarcerate.”
Due to statements like these and many other anti-immigrant statements made during his run for president, it is possible that some ICE and other law enforcement officers may think they can get away with violating your rights. You need to know that regardless of your status in the United States, you have rights, including the rights to:
Remain silent – you do not have to answer any questions or tell the officer anything about yourself or your family. Speak to a lawyer – you do not have to speak to anyone or sign any document you do not understand without speaking to a lawyer first Not answer your door or allow officers in your home – To be allowed to enter your home, officers must have a warrant signed by a judge, not just a deportation order. Do not open your door unless an officer shows you a signed warrant. If the officer wants to show you a warrant, they can hold it against a window or slide it under the door. The warrant must have your correct name and address on it to be valid. Sometimes officers can try to trick people to get them to open their doors or sign away their rights. If an officer detains you or you are concerned that they will conduct raids in your area, this is what you can do:
Do not open your door. You do not need to open the door to talk with an officer. Once you open the door, it is much harder to refuse to answer questions. You have the right to speak to a lawyer. You can simply say, “I need to speak to my lawyer.” You may have your lawyer with you if ICE or other law enforcement questions you. Before you sign anything, talk to a lawyer. ICE may try to get you to sign away your right to see a lawyer or a judge. Be sure you understand what a document actually says before you sign it. Always carry with you any valid immigration document you have.
For example, if you have a valid work permit or Green Card, be sure to have it with you in case you need to show it for identification purposes.
Do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.
If you are worried ICE will arrest you, let the officer know if you have children.
If you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may “exercise discretion” and let you go.
Create a safety plan. Memorize the phone number of a friend, family member, or attorney that you can call if you are arrested. If you take care of children or other people, plan to have them taken care of if you are detained. Keep important documents such as birth certificates and immigration documents in a safe place where a friend or family member can access them if necessary. Make sure your loved ones know how to find you if you are detained by ICE. They can use ICE’s online detainee locator (ws6odls/homePage.do) to find an adult who is in immigration custody. FIND OUT WHERE YOU STAND! You may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so. Contact an experienced, licensed attorney to find out what YOU can do to help your situation.
If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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What Will Happen to Daca with a President Trump?
2/21/24
One of the looming questions about Mr. Trump and his prospective changes to immigration policy is how he plans to affect Deferred Action for Childhood Arrivals (DACA) – the program started by the executive order of President Obama in 2012 giving work permits to thousands of undocumented people brought to the United States as children. Almost since the beginning of his run for office, Trump has repeatedly stated that he intends to get rid of the DACA program, but many people still wonder if – and how – he will do so.
It is important to understand how executive orders work to also understand how they can be undone. Executive orders are often issued when a president wants to bypass Congress as, unlike the usual process of establishing a law, the legislative body is not required to approve any executive order, nor can it overturn one. Still, these orders are legally binding. The DACA program was created by an executive memorandum by Obama’s secretary of Homeland Security shortly after the President announced the executive order.
Although there is little that the Congress can do about an executive order, the one sure way of getting rid of one is in the White House. If a new President and their administration doesn’t agree with an order from a previous president, they can legally reverse it on their own. In this case, President-elect Trump’s secretary can simply rescind the executive memo that created DACA or issue a new memo to effectively end the program. So, this would be the easiest of the changes Trump can make his first few days in office as he likely wouldn’t have to do much other than order U.S. Citizenship and Immigration Services to stop issuing work permits to DACA applicants and stop renewing applications.
What about all the people who already have permits that may not expire for another year or two? There is no way to know for sure now but, the assumption is that the new administration is likely to just let them expire and stop accepting new applicants or renewals. It would be time-consuming and very expensive to do such a thing. It would also be too disruptive to too many families and employers, and lead to bad public relations and widespread social unrest.
Under the law, the Department of Homeland Security must provide written notice that it plans to revoke the permits and allow recipients 15 days to respond, so if the program is terminated, all participants will receive notice with the details of what will happen next. Despite Mr. Trump’s hardline stance on immediately beginning deportations as part of his immigration plan, there is simply no way he will be able to quickly deport all the nation’s undocumented immigrants. DACA participants are also least likely targets for deportation since they tend to have clean criminal history, they work or attend school and have already been screened by the federal government.
FIND OUT WHERE YOU STAND! You may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Can Citizenship Really Be Taken Away?
2/21/24
During President-elect Donald Trump’s run for president, and in the month since the election, he has brought up the subject of limiting or revoking the right to U.S. Citizenship. In 2015, he stated he wanted to end birthright citizenship for people born of undocumented parents. Then, post-election, he proposed that Americans who protest Government policies by burning the flag should spend a year in jail or lose citizenship as punishment. Such statements have ultimately raised the question for many: can the U.S. Government simply deny or revoke citizenship, even if you were born in the United States?
The 14th Amendment to the Constitution states that all persons born in the United States are automatically U.S. citizens. This includes those born in certain incorporated U.S. territories. Additionally, under the Immigration and Nationality Act (INA), those born abroad to a U.S. citizen parent or parents may also derive U.S. citizenship at birth. The U.S. Supreme Court has ruled in the past that the Constitution does not permit the Government to take a person’s citizenship against their will. Thus, a major overhaul of the U.S. Constitution or possibly a bill to limit or modify the rights of citizenship would have to be passed and subsequently withstand challenge in the Supreme Court to change any of the above.
How Can Someone Lose Citizenship? For all U.S. citizens, by birth or naturalization, revocation of citizenship is not a simple process. A person must voluntarily take action on their own that expresses an intent to give up their citizenship, such as:
Naturalization or swearing allegiance to another country after the age of 18; Serving in the armed forces of a foreign country engaged in hostilities with the U.S; Formally renouncing citizenship on a Department of State form before a consular or diplomatic officer; Written renunciation during a state of war; or Act of treason, force, or bearing arms against the United States. In all of the above examples, the burden is still on the U.S. Government to prove the person’s specific intent and voluntariness of the action to renounce citizenship.
For people who become citizens by naturalization, if it can be proved by clear, unequivocal, and convincing evidence that citizenship was obtained by improper means, then the Government can institute proceedings to have it revoked. Grounds for revocation include:
Membership in a communist, terrorist, or other subversive group; Concealment or willful misrepresentation of a material fact during naturalization; Illegal procurement of naturalization; or Subversive activities. The Government must institute proceedings against the person in court and provide them a chance to defend or rebut the allegations and charges. If a naturalized person loses citizenship, then any family member who benefited from that citizenship will also lose their status.
Fortunately, U.S. citizenship is very difficult to lose whether you are born here or naturalize after immigrating. So, despite the political rhetoric out there, barring major changes to our long-standing fundamental rights that would certainly be hard fought, birthright citizenship is not going anywhere.
FIND OUT WHERE YOU STAND! Do you or a family member qualify for U.S. citizenship? If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today at to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Changes to Certain Immigrant & Nonimmigrant Based Employment Visas
2/21/24
The U.S. Department of Homeland Security (DHS) is making changes to the Code of Federal Regulations section titled “Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” that affect certain employment-based immigrant and nonimmigrant Visa programs, in particular, the H-1B Visas. These changes, which go into effect January 17, 2017, will provide several benefits to participants, including: improved processes for employers wanting to petition and hire immigrant and nonimmigrant workers, more stability and job flexibility for these workers, and increased transparency and consistency of agency policies related to these employee Visa classifications.
Most of these changes are expected to help employers hire and keep foreign workers who are beneficiaries of approved employment-based immigrant Visa petitions and are waiting to become lawful permanent residents (LPRs). Additionally, the changes will enable such workers to seek promotions, accept lateral positions, change employers, or pursue other employment options.
Some of the highlights of these changes in the proposed rule include improved portability for certain beneficiaries of approved employment-based immigrant Visa petitions by limiting the grounds for automatic revocation of petition approval; enhanced job portability for beneficiaries by making it easier to retain priority dates for use with subsequently approved employment-based immigrant Visa petitions; and establishing or extending grace periods for certain nonimmigrant workers so that they may maintain their nonimmigrant status during changes in employment or status. These rule changes will also further assist some employment-eligible individuals by automatically extending the validity of Employment Authorization Documents (EADs) for a temporary period upon timely filing a renewal Application for Employment Authorization. Certain high-skilled workers will also enjoy increased job flexibility and stability if they are working in the United States in certain nonimmigrant status, are beneficiaries of approved employment-based immigrant Visa petitions, are subject to immigrant Visa backlogs, and can demonstrate compelling circumstances that would allow them to apply for independent employment authorization for a limited period.
These and other proposed changes will provide much needed flexibility to the beneficiaries of employment-based immigrant Visa petitions, as well as the U.S. employers who employ and sponsor them for permanent residence.
BUSINESS OWNERS AND HR MANAGERS: FIND OUT WHERE YOU STAND! Your company’s foreign employees may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect your employees and your business. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Trump & Foreign Labor – Part I
2/21/24
Consistent with the president-elect’s view on other immigration issues, Mr. Trump’s thoughts on certain worker Visa programs cast doubt and worry amongst the businesses and workers who currently benefit from them. His policy stance, per his website, states that he will: “Prioritize the jobs, wages and security of the American people,” and “Establish new immigration controls to boost wages and to ensure that open jobs are offered to American workers first.” Though this is arguably one area in which he seems to waiver, his recent selection of Sen. Jeff Sessions – the immigration hardliner from Alabama – for Attorney General indicates certain change in foreign labor hiring processes, especially where H-1B and TN Visas are concerned.
H-1B Visas Mr. Trump has admitted that in the past even he has taken advantage of the current laws and used the H-1B Visa program to bring in high-skilled workers. However, shortly after one of many debates, he stated that his administration will “end forever the use of the H-1B as a cheap labor program.” He has further said that even though the law allows for such practices, he believes that the program is “very bad” and “unfair for our workers” and that the program should be ended.
The shared belief between Mr. Trump and Sen. Sessions is that U.S. companies unfairly use the program to bring in foreign labor at lower wages at the expense of American worker.
While it is highly unlikely the H-1B program will go away entirely, requirements for technical skills needed to obtain Visas and application fees could be raised in an attempt to make the option more difficult and less attractive to employers. One change Sen. Sessions has previously posed is to require employers to recruit American workers first before they can hire foreign employees. This is currently the rule for some other types of employment Visas and permanent residency applications, but it is not required for the H-1B.
TN Visas Mr. Trump has repeatedly said he believes the North Atlantic Free Trade Agreement (NAFTA) is a horrible deal for the U.S. that needs to be renegotiated or undone. Again, his website states his intent to “immediately renegotiate the terms of that agreement to get a better deal for our workers” and to withdraw completely if there is no agreement to renegotiate.
Trump’s current proposals to limit U.S. companies from taking their business elsewhere, like Mexico, include tariffs as high as 35% on goods imported to the U.S. Though such a move would require agreement with congress, he can impose lower tariffs through executive action. He has also proposed taxes on certain businesses that move operations abroad to remove the incentive to leave the U.S. If none of the above seem effective, or if NAFTA countries retaliate or refuse to cooperate, he can pull out of the agreement completely, leaving NAFTA in the dirt.
TN Visas are a part of the NAFTA contract with Mexico and Canada. While to date, Mr. Trump has not specifically mentioned TN Visas in his proposals to limit employment immigration, it can only be assumed that as part of the “despised” NAFTA deal, there is no desire to keep these in place or unchanged. Therefore, if NAFTA goes, the TN Visa goes with it.
BUSINESS OWNERS AND HR MANAGERS: FIND OUT WHERE YOU STAND! Your company’s foreign employees may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Trump & Foreign Labor, Part Ii: Nt Making Your Temporary Workers Permanent
2/21/24
Our last blog on the topic of non-immigrant employees discussed some of the ways these programs may be at risk under the incoming administration. As an employer, you may be facing the loss of some of your key employees or new obstacles to bringing them back, if these changes occur.
The EB(1)(c) Immigrant Visa
If your temporary foreign employee was previously employed abroad at a foreign affiliate, branch, or subsidiary of your U.S. company, this may be the best option to make them a permanent part of your team in the United States.
The EB(1)(c) Visa is an immigrant Visa – this means that approval will result in Legal Permanent Resident status for the applicant. To qualify, an employee’s company must submit a petition to U.S. immigration on their behalf along with evidence to prove that:
The U.S. company and the foreign company are affiliated, or that the foreign company is a subsidiary or branch of the U.S. company;
The U.S. company is real, active, and conducting substantial business;
The U.S. employer has been doing business for at least one year;
The foreign company is a real, active company;
The applicant was employed with the foreign affiliate, subsidiary, or branch for at least one year during the last 3 years (or if they have been in the U.S. for a while, one of the last 3 years before they entered the United States); and,
The employee held an executive or managerial position at the foreign company and that the position offered in the U.S. is the same or substantially the same as the foreign position
Once the petition is approved, the employee’s application for residency will be reviewed and, barring any negative criminal or immigration history, approved for residency. The employee’s immediate family (spouse and children under the age of 21) can apply at the same time and receive the same benefits.
PERM Certification & Immigrant Petition
If you want to petition an employee for residency but they do not qualify under the guidelines above, you may be able to petition for them through the Program Electronic Review Management (PERM) process. This is a three-part process that first involves an application with the U.S. Department of Labor (DOL), followed by an immigrant petition with U.S. immigration, and lastly an application by the employee for residency, also filed with U.S. immigration.
While steps two and three of this process are similar to the process under EB(1)(c), the PERM process with the DOL is its own application with a distinct set of requirements. A major component of this process requires the employer to conduct a labor market test to prove that there are no qualified, willing, able U.S. workers to perform the position on a long-term, permanent basis. The recruitment process must follow the guidelines set forth by the U.S. DOL. After conducting recruitment, the employer may then file a Labor Certification application with the DOL. The DOL may approve, audit, or deny the application. An approval means the employer and employee can then work on steps two and three in the process.
Foreign employment in the U.S., though not likely to disappear entirely, has an uncertain future under president-elect, Trump. The sooner you act on behalf of your company and employees, the better your chances to retain the talent in your organization.
BUSINESS OWNERS & HR MANAGERS: FIND OUT WHERE YOU STAND! Your company’s foreign employees may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Defending Yourself Against Deportation
2/21/24
Are you looking for the best deportation lawyers in Texas? It’s quite understandable if you are. Recent changes in immigration policies shook the legal landscape, affecting deportation measures in the United States. Amid these changes, seeking help from skilled deportation defense attorneys is vital if you face removal proceedings.
With a focus on bolstering border security and internal safety, two executive orders were signed, significantly impacting immigration expulsion. These orders shaped the enforcement of existing U.S. immigration laws, leading to the removal of individuals categorized as criminal aliens.
Searching For The Best Deportation Lawyers Given these immigration changes, it is essential for you to be well-informed about the remedies accessible to you during deportation proceedings. This applies to authorized and undocumented immigrants alike.
Facing removal proceedings can be a daunting and overwhelming experience, but there is still hope through the possibility of requesting cancellation of removal. This process allows eligible individuals to avoid deportation and obtain lawful permanent resident status.
In such circumstances, searching for the best deportation attorneys in town can prove a challenge. There is a lot to consider when determining that a deportation attorney is the best one to handle your situation.
Immigration attorneys are your crucial ally in your fight to stay in the country. These attorneys possess in-depth knowledge of the complex immigration laws and cancellation of removal. They understand the importance of gathering and presenting strong evidence that proves your eligibility for cancellation.
Benefits Of Hiring A Deportation Attorney A deportation defense attorney near you will work closely with you, analyzing your unique circumstances to develop the most effective strategies for your case. They will advocate on your behalf in court, making persuasive arguments that highlight your positive contributions and moral character.
Additionally, a deportation defense counsel can guide you through the legal intricacies, ensuring that all necessary documentation is properly prepared and submitted to the court. Their competence can significantly increase your chances of success in the cancellation of the removal process.
With their support and dedication, you can face deportation proceedings with confidence and optimism for a positive outcome. These skilled advocates not only fight for you but also highlight the human toll of deportation on your loved ones, emphasizing your positive character.
Lozano Law Firm has a team of experienced deportation attorneys who can help you fight deportation in a cost-effective way. They understand your needs and aim to help you save time, money, and stress. Alfredo Lozano, the firm’s founder and principal attorney, is a Board-Certified Specialist in Immigration and Nationality Law in Texas. You can be confident that the firm can develop a tailored strategy especially when you are appealing for cancellation of removal.
Finding yourself in a deportation proceeding can be distressing. However, there are several remedies you can use to avoid being sent back to your home country. One of them is the cancellation of removal.
It requires gathering and presenting evidence to meet eligibility criteria. This includes a continuous physical presence in the United States, good moral character, and not being convicted of a serious offense.
Consulting with an immigration attorney is advisable, especially considering your specific circumstances. Seek their guidance before any changes implemented by the new administration potentially impact you and your family.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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E-2 Visa Through Franchise Purchase
2/21/24
Did you know that you can purchase an existing business in the United States and qualify for an E-2 Visa, and that a franchise purchase can qualify you? Provided the franchisor is willing to allow its investors to apply for the Visa during the process of buying the franchise, this type of business transaction can lead to approval of your application for a nonimmigrant E-2 Investor Visa. The franchise must create job openings for Americans, and like other foreign business investments, a franchise owner is required to open the business, or be ready to open within 30 days, to qualify to submit the E-2 Visa application.
If necessary, you can combine finances with a friend or relative to purchase and establish a franchise in the United States, or buy half the shares of an already operational franchise. However, to qualify for an E-2 Investor Visa, you must buy at least half of the franchise’s shares. Under the regulations, you cannot claim the required ownership and control of a franchise for your E-2 Visa application if you own less than 50% of the business.
Keep in mind, the purchase of a franchise alone will not result in approval of an E-2 Visa application just because you own a business in the United States. Your application will be rejected if the business is not profitable. A franchise must be profitable and contribute to the local economy to qualify for the E-2 Investor Visa.
The objective in allowing the E-2 investor to do business in the United States is to create a source of income for U.S. Citizens and boost the economy. Every E-2 business, including a franchise, is expected to generate more than enough income to provide a living for the investor and their family. Ideally, however, consulate officers like to see a company start with at least two employees with an expressed intent in the business plan to increase staff throughout year 5 of operations.
You yourself must assume an active role in the management of your franchise. You cannot qualify for an E-2 Visa as a passive investor. This does not mean that you must work and run the business entirely by yourself, but you must show that you will be involved in the decision making and overall functioning of your business and employees. It is expected and encouraged to hire executives and management staff with the experience to fill certain key roles in larger franchise operations that employ more than just 2 or 3 employees. You should also hire regular staff and employees, preferably in full-time positions, to fill various other roles within your franchise.
FIND OUT WHERE YOU STAND! Have an existing business venture? Would you like more information? You may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect you, your family, or your business. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Balancing Efficiency of Expedited Removal in Immigration
2/21/24
In the complex immigration system, expedited removal is a contentious process that draws supporters and adversaries alike. The streamlined approach to deportation prompts people to question its effectiveness. Moreover, it should also have a check and balance in its implementation.
Thus, understanding expedited deportation provides insights into the potential changes and challenges you may face with unauthorized entry into the U.S. This knowledge helps you navigate the complexities of migration by helping you make informed decisions.
What Is Expedited Removal? An expedited deportation is a process that allows officers to deport certain individuals without the need for a hearing before an immigration judge. This is mainly used for those who are apprehended near the border. It is also utilized for immigrants who have entered the United States without proper documentation.
What Can You Do To Avoid An Expedited Deportation? Avoiding a hurried removal requires understanding the factors that trigger this process and taking necessary precautions. Firstly, ensure your immigration documents are valid and up-to-date, as outdated or incorrect paperwork may lead to removal. Seek legal counsel to understand your rights and options, especially if you fear persecution in your home country.
Avoid criminal activities, as any involvement can trigger a deportation case. Cooperate with immigration officers during encounters and provide truthful information. If detained, do not sign any documents without legal advice.
Maintaining a clean immigration record and seeking professional guidance are crucial steps to safeguarding against expedited removal in Texas.
Let Lozano Law Firm Be Your Legal Advocate Professionals skilled in immigration cases play a major role in assisting individuals facing such legal proceedings. These legal professionals possess the knowledge and ability necessary to navigate the intricate web of immigration laws, ensuring equitable treatment for their clients.
In these cases, these lawyers act as advocates, safeguarding the rights of individuals and challenging hasty and potentially unfair evictions. Their competence proves invaluable in unearthing crucial facts and gathering evidence. They also construct a robust defense to counter the allegations put forth by immigration authorities during the removal proceedings.
Expedited deportation is a contentious procedure used to remove individuals without a hearing before an immigration judge. It primarily targets those apprehended near the border or lacking proper documentation. The concerns regarding its effectiveness and impact on due process necessitate a comprehensive understanding of navigating the complexities of migration.
Skilled immigration lawyers assume a key role in defending individuals during the removal proceedings, advocating for their rights, and contesting unjust deportations. These attorneys act as allies, safeguarding individuals’ rights and familial unity. They ensure equitable treatment and positive outcomes despite the high stakes and potential for abuse.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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A Warning to Legal Residents Returning to the United States: Form I-407, Abandonment of Lpr Status
2/21/24
On January 27, 2017, President Trump signed an executive order banning all people from Iraq, Iran, Syria, Yemen, Sudan, Libya and Somalia from being able to enter the United States. The administration’s claim is that the ban only affects people from those countries, and that legal permanent residents (LPR’s) should be allowed entry so long as no “significant derogatory information” about the resident comes to their attention. Unfortunately, since the ban was put in place, we are hearing accounts of LPR’s from other countries – including Mexico – that are being subjected to increased scrutiny, long detentions, and coercion aimed at getting them to give up their LPR status by signing Form I-407, Abandonment of Lawful Permanent Residence. This is why it is so important that LPR’s and their families are aware of what is happening and what their rights are in these situations.
Upon returning to the U.S. from a trip for any period of time, LPR’s should not surrender their Green Cards if asked to do so. An LPR does not lose status just for taking a trip outside the country – no matter how long they were gone. Only a final order of removal by an immigration judge can revoke LPR status. The government must prove that a person lost their LPR status by presenting very clear and strong evidence for a judge to do this.
If an LPR signs Form I-407, it means you are telling immigration officials that you have decided you no longer want your LPR status in the United States. This form must be signed voluntarily and there are no punishments for refusing to sign. An LPR cannot be detained on grounds that they did not sign the form or that the officer believes they abandoned their residency by moving to another country. An LPR who refuses to sign Form I-407 must be issued a Notice to Appear (NTA) so that an immigration judge can determine whether they have lost their LPR status.
If an officer accuses a returning LPR of abandoning their residency, the LPR should offer evidence of the following: ties to the U.S. (such as employment, children in school, family in the U.S., tax records, etc.), the reason for their visit outside of the U.S., and, if applicable, the reason they were gone for a prolonged period of time. If the officer is not convinced, and tries to insist Form I-407 be signed, the LPR should ask for a hearing before an immigration judge. If the officer takes the LPR’s Green Card, they must provide the LPR with alternative evidence of their LPR status, such as an I-94 or passport stamp that says “Evidence of Temporary Residence.”
FIND OUT WHERE YOU STAND! If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration makes more changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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The L-1 Visa – Transferring An Employee from a Foreign Office to the United States
2/21/24
Businesses are becoming more globalized every year as countries seek markets overseas. Many United States businesses have offices abroad, and many foreign businesses have offices in the United States. United States immigration law allows global businesses to transfer employees from a foreign office to a United States office when such a decision is necessary to the interests of the business. To transfer an employee, the United States employer must file a petition for the foreign worker requesting either an L-1A or L-1B Visa. After the petition is approved, the foreign worker may apply for the Visa and relocate to the U.S. to work with the petitioning company.
A potential L-1 Visa employer must have a qualifying relationship with a foreign company (whether that company is a parent company, a branch, a subsidiary, or an affiliate), and must be doing business as an employer in the United States and in at least one other country. The latter can be done directly or through a qualifying organization so long as it is for the duration of the L-1 Visa holder’s stay in the United States. The business in question need not be one that participates in international trade.
L-1A Visas are for company executive transferees coming to work in the United States. The L-1A Visa applicants must be employed abroad with the foreign company in an executive or managerial capacity for at least one year out of the past three years prior to the application or last admission to the United States. The L-1A Visa lets a company which does not have an office in the U.S. send an executive or manager to the U.S. to help establish one. The L-1A Visa is granted initially for one year to U.S. employers with a new company and three years for a company established for more than one year. Visa extensions are available upon application in two-year increments, but the total stay in this status cannot exceed seven years.
The L-1B Visa allows a company to transfer an employee with “specialized knowledge” to come work in the United States. Just as with the L-1A, the employee must work for the foreign organization abroad for at least one continuous year within the three years preceding entry into the United States. They must be entering the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations. Regulations state that “specialized knowledge” is considered as (1) specialized knowledge possessed by an employee of the organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets; or (2) an advanced level of knowledge or expertise in the organization’s processes and procedures. Proving this can often be tricky and confusing for many employers, and it is a common reason for application to be denied if it is not carefully and meticulously explained through documented evidence.
There are numerous Visas that apply to very specific criteria when entry into the United States is necessary for a business to further its goals. You should consult with a qualified immigration attorney to fully understand the L-1 Visa process and determine whether this Visa is right for you and your business.
BUSINESS OWNERS AND HR MANAGERS: FIND OUT WHERE YOU STAND! Your company’s foreign employees may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect your employees and your business. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Derivative & Automatic Acquisition of Citizenship – Are You Already a U.S. Citizen?
2/14/24
There are several ways that someone may prove they are a U.S. citizen without being born in the U.S. or taking the citizenship and naturalization test. If they have at least one U.S. citizen parent at the time of their birth, or if their parent becomes a U.S. citizen prior to their 18th birthday, they may qualify to derive or automatically acquire U.S. citizenship upon submission of certain applications and required evidence.
Applying For Consular Report of Birth Abroad (CRBA). A person may derive citizenship at birth and apply for a CRBA through the Department of State. A CRBA is only issued to a child who derived U.S. citizenship at birth through at least one U.S citizen parent and who is under the age of 18 at the time of the application. Parents may also choose instead to apply only for a U.S. passport for their child. Like a CRBA, a full validity, unexpired U.S. passport is proof of U.S. citizenship.
Acquisition Of Citizenship After Birth & Admission To The U.S. Under the Child Citizenship Act (CCA) of 2000, a child automatically acquires citizenship if at least one parent is a U.S. citizen by birth or naturalization and the child has been admitted as a Legal Permanent Resident. The child must reside in the U.S. in the legal and physical custody of the U.S. citizen parent and be under the age of 18. This only applies to people who met these conditions on or after February 27, 2001. Through this law, a child may apply for either a certificate of citizenship or a U.S. passport.
Expedited Naturalization Of A Child Of A U.S. Citizen. This process also results in a certificate of citizenship. A child born abroad may qualify if they have a U.S. citizen parent who was physically present in U.S. at least 5 years before the child’s birth (at least 2 years after age 14), or that parent has a citizen parent who was physically present in U.S. at least 5 years before the child’s birth (at least 2 years after age 14). The child must reside outside the U.S. in legal and physical custody of the U.S. citizen parent and be under the age of 18. The child must be temporarily admitted to the U.S. and in status to be issued the certificate.
Transmission Of Citizenship At Birth Abroad. If a child had at least one U.S. citizen parent at the time of their birth, whether their parents were married or not, they may also qualify for a certificate of citizenship. The evidence required upon application depends on the existing law at the time of the child’s birth. Depending on when the is child born, the U.S. citizen parent must prove physical presence in the U.S. or its possessions for either 5 or 10 years before child’s birth.
FIND OUT WHERE YOU STAND! You may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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The L-1B Visa: Transferring Employees with Specialized or Advanced Knowledge
2/14/24
United States immigration law allows global businesses to transfer employees from a foreign office to a United States office when such a decision is necessary to the interests of the business. The L-1B Visa allows a company to transfer an employee with “specialized knowledge” to come work in the United States. Once an application is submitted and approved, the foreign worker may apply for the Visa and relocate to the U.S. to work with the petitioning company.
A potential L-1B Visa employer must have a qualifying relationship with a foreign company (whether that company is a parent company, a branch, a subsidiary, or an affiliate), and must be doing business as an employer in the United States and in at least one other country. The latter can be done directly or through a qualifying organization so long as it is for the duration of the L-1B Visa holder’s stay in the United States. The L-1B Visa is initially granted for 1 year. Extensions are permitted but may not be renewed past five years.
The L-1B employee must work for the foreign organization in a specialized knowledge position abroad for at least one continuous year within the three years preceding entry into the United States. They must be entering the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations. Regulations state that “specialized knowledge” is considered as (1) specialized knowledge possessed by an employee of the organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets; or (2) an advanced level of knowledge or expertise in the organization’s processes and procedures.
Proving the employee and the position qualify for L-1B designation can be tricky and confusing for many employers, and it is a common reason for application to be denied if it is not carefully and meticulously explained through documented evidence. Generally, an employer should submit evidence that the employee has specialized knowledge through education, training, and experience. To show that the offered position in the U.S. and the position abroad qualify as specialized knowledge positions, the employer must submit evidence such as explanations of the training and experience required to perform the job; letters identifying specific duties; and detailed descriptions of things like products, tools, techniques, and processes of which the employee has specialized knowledge.
There are numerous Visa that apply to very specific criteria when entry into the United States is necessary for a business to further its goals. You should consult with a qualified immigration attorney to fully understand the L-1B Visa process and determine whether this Visa is right for you and your business.
BUSINESS OWNERS AND HR MANAGERS: FIND OUT WHERE YOU STAND! Your company’s foreign employees may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect your employees and your business. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Immigration Benefits for Family Members of U.S. Military Active Service & Veterans
2/14/24
“Parole in Place” (or PIP) allows certain qualified individuals to apply for lawful permanent residence without leaving the United States, despite their past illegal entry and stay. Noncitizen spouses, parents, and unmarried minor children of U.S. citizen members or veterans of the U.S. military, who are in the U.S. after an unlawful entry, may have a path to a U.S. Green Card through “adjustment of status”.
PIP allows you to adjust status in two ways. First, to adjust, you must have entered the U.S. legally. The law specifically states that you must have been “inspected and admitted or paroled” to qualify. Parole is a permission to be in the United States legally for a temporary period. If PIP is granted, the Government is granting you a parole or “legal entry”, without you having to leave the country.
Second, you must be “admissible” to adjust status. PIP removes the ground of inadmissibility for being in the U.S. after entering the country illegally. With PIP approval, the Government is saying that you were admitted or “entered” the country legally and, even though you may have been undocumented for many years, that period of unlawful presence is forgiven.
If you believe you might be inadmissible for any other reason, like a criminal conviction, you should consult with an experienced immigration attorney before filing any application.
PIP eligibility isn’t automatic and is granted only on a “discretionary” basis, which means an immigration officer doesn’t have to grant it if they are not convinced that the applicant deserves approval. You must prepare and submit the following documents to U.S. Citizenship and Immigration Services (USCIS) for a PIP application:
Form I-131, Application for Travel Document Evidence of relationship to a U.S. citizen military serviceperson or veteran Evidence that the U.S. citizen family member is either an Active Duty member or veteran of the U.S. Armed Forces or in the Selected Reserve of the Ready Reserve. Evidence of any additional favorable factors that you would like an officer to take into account, such as evidence of good moral character, family hardship, personal education, or your children’s education. Once USCIS has reviewed your application, they will either mail you an approval along with your entry permit, or, if they require more information, they may mail you a notice for an interview. Once you have approval of your PIP, you can proceed with filing a Visa petition and adjustment of status application with a copy of your parole in place approval notice from USCIS.
The future of the PIP policy is uncertain due to the recent executive orders issued by the new administration. The orders indicate a tightening of the parole power of immigration officers in all situations, including PIP. However, to date, USCIS is still processing these cases.
FIND OUT WHERE YOU STAND! You may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Parole for Entrepreneurs
2/14/24
In January 2017, the Department of Homeland Security (DHS) published a final rule providing foreign individuals who are founders of start-up or entrepreneur companies an opportunity to grow their companies within the United States. The rule is anticipated to help improve the economy through increased capital spending, innovation and job creation.
The final rule allows DHS to use its “parole” authority on a case-by-case basis to grant a temporary admission and stay to foreign entrepreneurs who can show that their stay in the United States will provide a significant public benefit through the potential for business growth and job creation. This new rule will go into effect on July 17, 2017.
DHS estimates that nearly 3,000 entrepreneurs a year may be eligible for admission under this rule. Qualified applicants may be granted a stay of up to 30 months, and can apply for an extension of up to an additional 30 months, at the discretion of DHS. Eligibility may be granted for up to three entrepreneurs per entity, and includes spouses and children. Approved applicants may only work for their start-up business. Spouses may apply for work authorization, but their children will not be eligible.
To qualify, an applicant must demonstrate that they meet the following requirements to be considered eligible under this rule:
The applicant has a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation. The applicant has a central and active role in the start-up entity, such that the applicant is well-positioned to substantially assist with the growth and success of the business. The applicant can prove that their stay will provide a significant public benefit to the United States based on the applicant’s role as an entrepreneur of the start-up entity by: Showing that the start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments; Showing that the start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state or local government entities that regularly provide such awards or grants to start-up entities; or Showing that they partially meet either or both of the previous two requirements and providing additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation. The process of applying for admission to the U.S. can be very confusing and every step of the process is crucial. Consult with a qualified immigration attorney if you want to apply for parole as an entrepreneur to lawfully enter the U.S. The right attorney can make the process more manageable than attempting the process on your own.
FIND OUT WHERE YOU STAND! You may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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When Uscis Makes An Error – I-290B to the Rescue!
2/14/24
The Form I-290B is used to file an appeal or motion to reopen or reconsider a decision made by U.S. Citizenship and Immigration Services (USCIS) on certain applications submitted to them for approval. In most cases, the I-290B must be submitted to USCIS within 30 to 33 calendar days after notice of the decision. The application along with the filing fee is sent to the mailing address that corresponds to the type of case you are filing the motion for or appealing.
Whether you use the I-290B to file an appeal, motion to reopen, or motion to reconsider depends on your basis for filing. An appeal should point out an error made in application of the law or interpretation of the facts in the decision. A motion to reopen must state new facts and must be supported by affidavits and documentary evidence proving the applicant was qualified at the time the application was filed. A motion to reconsider must be supported by citations to statutes, regulations, or court decisions and must show that the decision was based on an incorrect application of the law or policy, and that the decision was incorrect based on the evidence of record at the time of the decision. You can also choose to file a motion to both reopen and reconsider at the same time. USCIS generally tries to issue a decision within 90 days to 6 months of filing, however, it is not unusual to wait up to 2 years for a final decision.
Our firm recently won a motion to reopen and reconsider that was pending for nearly two years. Our client is an applicant for adjustment of status and had the required proof to show that she entered the United States legally with her Visa and passport issued to her back in the early 90’s. This particular type of Visa, commonly issued at that time, was basically just a large stamp in her passport that acted as a border crosser/nonimmigrant Visa valid for 10 years. Since both her Visa and passport are quite old, the passport page containing her biographic information and photo had become detached and fallen out of the booklet. When we submitted copies and eventually originals of the entire booklet, USCIS denied her application for residency and accused the client and our firm of committing fraud. They said that because her passport number on the biographic page that fell out did not match the passport booklet number, and the fact her passport expired one month before her date of entry to the United States, we must have put her biographic page into someone else’s passport. Our motion pointed out to USCIS that the passport booklet numbers and passport numbers do not have to match as they are two separate and completely different things. We also cited specific law showing that Mexican nationals can enter the United States on an expired passport if the Visa they possess is still valid. Thankfully, although we waited a very long time to get a decision on the case, USCIS realized their error and our client is now on the way to finally becoming a Legal Permanent Resident!
If you think USCIS made an error in deciding your case, it is important to have an experienced immigration attorney evaluate your case as soon as possible so that a timely motion or appeal can be filed on your behalf.
FIND OUT WHERE YOU STAND! You may qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration makes changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Dream Act 2017 & the American Hope Act
2/14/24
Since he took office, President Donald Trump has wavered back and forth over what he will decide to do about the DACA program, which protects undocumented immigrants brought to the U.S. as children. During his campaign, he promised voters he intended to end the DACA program almost immediately upon taking office, but after 6 months in office, he has yet to make good on that promise. Earlier this summer, the states of Alabama, Arkansas, Idaho Louisiana, Kansas, Nebraska, South Carolina, Tennessee, Texas and West Virginia sent a letter to U.S. Attorney General Jeff Sessions threatening to sue the federal government over DACA if Trump does not rescind it by September 5th. Recently, Trump indicated that he would likely wait to decide what to do if DACA is challenged in court.
While the debate over DACA rages on, members of Congress are attempting to find other solutions and propose legislation to create a more permanent benefit to the hundreds of thousands of undocumented immigrants living and growing up in the United States.
On July 26th, Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced their version of a new Dream Act to Congress. This act, dubbed Dream Act 2017 is a strong legislative solution that would allow young immigrants to pursue a path to legal permanent residency and eventually citizenship. Much like the DACA program, applicants would be required to prove enrollment in school or completion of studies, and could be disqualified for certain criminal offenses. Dream Act 2017 would differ by raising the age which the applicant must have entered the U.S. to 18 and require only 4 years of proof of physical presence in the U.S. prior to the date the law takes effect. The most important difference, however, is that qualified applicants would be granted conditional permanent residence for a period of 8 years. Those already under DACA would automatically qualify for conditional status. Conditions can be removed upon application after having at least 3 years in conditional status, maintaining U.S. residency, completion of educational requirements, and demonstration of basic English language comprehension.
That same week, on July 28th, Rep. Luis V. Gutiérrez (D-IL) introduced the American Hope Act of 2017, a bill that would also allow those with DACA and others who arrived in the United States as children a path to permanent legal status and citizenship. Similar to the proposed Dream Act 2017, this bill would allow those who arrived in the U.S. before their 18th birthday to apply, but would only require proof of physical presence in the U.S. before December 31, 2016 to qualify. In addition, applicants must not have been convicted of violent crimes or be inadmissible due to terrorism concerns or certain other affiliations. There are currently no educational requirements with this bill. If approved, applicants would receive conditional legal status for 8 years and allow them to apply for Legal Permanent Resident (LPR) status after just 3 years. For those who currently have DACA, the time in DACA will count towards time in conditional status for the purpose of removing conditions.
Both of these proposed bills would ultimately make it possible for qualified individuals to apply for and be granted U.S. citizenship.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Immigrating Your Family When You Live Abroad
2/14/24
We often talk to U.S. citizens who currently live outside of the United States and are now planning to return with their family. These cases are usually not much different from any other family immigration case, but there are a few important factors to consider as you prepare to move back to the United States.
Just like any other case, you must file an I-130 petition for your family member along with evidence to prove your relationship. Once the petition is approved, your family member immediately qualifies to apply for their immigrant Visa and set up their appointment for interview at the U.S. consulate abroad to determine their admissibility. If approved, they may be admitted to the U.S. as legal permanent residents. As a U.S. citizen, you qualify to bring your spouse and minor children to the U.S. on the fastest immigration track available. This means that you should make your plans for return well in advance of starting the process.
If your spouse or child is already in possession of a valid, unexpired nonimmigrant Visa (like a Tourist Visa), they may be allowed to enter the U.S. as a nonimmigrant before starting the process of applying for their legal residency. Many family members of U.S. citizens like to exercise this option before deciding if they want to live in the U.S., especially if they have never been or haven’t been to the area where you intend to live. If you choose to do this and they decide they would like to reside in the U.S. permanently, they may apply for legal residency from within the U.S. and attend all appointments locally.
The most important thing to know in this process is that after the petition is approved, in order for you to qualify to continue to sponsor their application, you must meet the “domicile requirement” – that is, that your principal place of domicile is in the United States. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply: You are employed abroad by the U.S. Government or certain U.S. firms, corporations, or religious organizations; you are living abroad temporarily and can prove you have maintained your domicile in the U.S.; or that you intend in good faith to reestablish your domicile in the United States no later than the date of your family immigrant’s admission as a legal resident.
You will also be required to provide either an Internal Revenue Service (IRS) transcript or a photocopy of your Federal individual income tax return for the most recent tax year. You do not have to submit tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return to establish the amount of your income that is not subject to tax in the United States. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it. As a U.S. citizen, claiming a foreign residence does not exempt you from filing a U.S. Federal income tax return. If you were required to file a Federal income tax return during any of the previous three tax years prior to your family member’s application for admission but did not do so, you must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before the case can be approved.
FIND OUT WHERE YOU STAND! Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Immigration Attorneys in San Antonio, Tx as Your Legal Help
2/14/24
Those individuals facing criminal charges are entitled to the help of immigration attorneys in San Antonio, TX. However, less than 40% of immigrants facing deportation in the United States have access to legal representation. In Texas, undocumented immigrant cases are not considered criminal offenses. This situation leaves them without legal assistance.
As you read on, learn how significant immigration attorneys are in handling removal cases in Texas. You will also learn about SB4 law, the SAFE Network that The Vera Institute established, and how immigration attorneys can help you.
Seek The Help Of Immigration Attorneys In San Antonio TX Seeking the assistance of immigration attorneys for deportation relief is crucial. These attorneys possess legal knowledge in immigration law, enabling them to deal with the complex requirements of deportation relief cases. They assess eligibility accurately based on your circumstances. They can guide clients through the application process, and ensure all necessary documentation is prepared and submitted correctly.
Immigration attorneys also provide procedural guidance, advocate for your rights in court, handle communication with immigration authorities, and assist with appeals if necessary. Their knowledge and experience increase the chances of a successful outcome while protecting people from potential mistakes or delays.
Additionally, immigration attorneys offer emotional support and reassurance during a stressful and overwhelming process. They can also help you understand complex laws such as the SB4 law.
The SB4 Law The SB4 law, also known as Senate Bill 4, is a Texas law enacted in 2017. It is an immigration law that aims to enhance cooperation between local law enforcement agencies and federal immigration authorities. It requires local law enforcement officers to inquire about the immigration status of individuals during routine interactions, such as traffic stops. Also, this law involves detaining and transferring individuals believed to be in the country illegally.
SB4 also penalizes local officials who fail to comply with the law’s provisions, which allows for civil penalties, such as fines. It also includes the removal from office of officials who enact policies or practices that are deemed to violate SB4.
The law has been highly controversial and has faced legal challenges from advocacy groups and local governments. They argue that it encourages racial profiling, undermines community trust, and places an undue burden on local law enforcement agencies. Opponents of SB4 say that it leads to the targeting and profiling of immigrants. This action creates fear and mistrust within immigrant communities.
Immigration attorneys are highly significant in handling deportation cases in Texas. They play a crucial role in deportation relief and assessing eligibility. They guide clients through the application process and advocate for their rights in court.
Moreover, they can also be helpful to help you understand the controversial SB4 law. To counter the challenges posed by SB4, The Vera Institute established the SAFE Cities Network, offering public defense for immigrants facing deportation in 11 cities. This project aims to ensure fairness and protection for those facing immigration challenges in the face of increased deportations.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Paperless Process for E1 Visa
2/14/24
E1 Visa Submissions Must Be No Longer That 50 Pages Total – Including DS Forms, Cover Letters & Biographical Information. The complete application packet must be submitted by email to prior to the appointment at the Application Support Center. No zip files will be accepted, so you may split your submissions into multiple, labeled attachments, and use separate emails if necessary, so long as they are clearly labeled and indicate that they are part of a sequence.
In Order To Comply With The New Requirements, The Consulate Recommends That Only The Most Relevant Documents & Information That Prove The Case Be Submitted In The Application. For example, only submit the 1040 form for tax returns without schedules. If any additional information is required it will be requested at the interview. Proof of relationship to any dependents will only be required for the initial E1 application, but not for renewals unless there is a change or addition to family members. Once the appointment with the Applicant Support Center for biometrics collection is scheduled and the documents submitted, the application will attend the interview at the U.S. Consulate in Monterrey as usual. The consulate will either issue visas or communicate requests for more information within five business days of the Application Support Center appointment for renewal cases.
FIND OUT WHERE YOU STAND! You may already qualify for a benefit that you are not aware of yet. If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration makes changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Daca Rescinded: What You Need to Know Now
2/14/24
On September 5, 2017, Attorney General Jeff Sessions announced that President Trump has decided to rescind the Deferred Action for Childhood Arrivals (DACA) program. Here are the most important points for you and your family to know about this decision and what it means:
The following is effective immediately:
Initial requests for DACA and associated applications for Employment Authorization Documents will not be accepted if filed after September 5th, 2017. DHS will continue to process all properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that were accepted before September 5th, 2017 DHS will continue to process all properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents for anyone who’s DACA benefits expire before March 5th, 2018 All applicants who qualify for renewal must file their application no later than October 5, 2017. DACA renewal requests and associated applications for Employment Authorization Documents filed outside of these guidelines will be rejected. Previously issued deferred action and Employment Authorization Documents will NOT be revoked based on these new directives and will be allowed to expire on their own. DHS will not approve any new Form I-131 applications for advance parole associated with the DACA program, but will continue to honor the stated validity period for previously approved applications for advance parole. All pending Form I-131 applications for advance parole filed under standards associated with the DACA program will be administratively close, and all associated fees will be refunded. For anyone with currently approved DACA who is set to expire on or before March 5th, 2018, and who wishes to continue their DACA benefits, we urge you talk to your attorney about filing your application for renewal as soon as possible. You must file your renewal application by October 5th, 2017 or it will be rejected.
FIND OUT WHERE YOU STAND! Whether you qualify to renew your DACA or not, you may already qualify for a different immigration benefit that you are not aware of yet. If you have never talked to an immigration attorney about alternatives to DACA, now is the best time to do so – before the new administration makes more changes that may affect you and your family. Contact an experienced, licensed attorney to find out what YOU can do to help your situation. If you would like our assistance, contact our office today to set up a consultation.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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10 Tips for Your Naturalization N-400 Interview
2/14/24
The Naturalization N-400 interview interview is one of the final steps to the Naturalization process in immigration. The N-400 is the name of the application required to become a Naturalized United States citizen.
Below we share tips on preparing for your Naturalization n-400 interview.
The Naturalization N-400 interview exam is not just about memorizing facts regarding U.S. history or personal background information. Memorizing trivia type information is something that many people can do, including U.S. born citizens, but soon after forgetting.
One tip we want to highlight today for anyone preparing to attend their N-400 interview must keep in mind is to fully prepare for the interview. The critical thing to keep in mind for the N-400 interview is to comprehend the information. This means understanding what the question is asking.
This is important because the question could be asked differently than expected. Here is an example of a simple question that could be asked regarding an address (this is just an example and does not reflect the actual interview questions).
A) Expected question: What is your mailing address?
B) Question asked: If I needed to send you a piece of mail, where should it be addressed to?
The question above could be asked to decipher if the person taking the exam fully understands the English language, which is one requirement of the exam.
If the person only memorized the question and answer as it is written in example A, but instead was asked the question in example B, it is possible the interviewee could get confused. The question though stated differently is essentially the same therefore, the answer does not change. Fully comprehending the question means knowing what the facts are and being able to express those facts despite how the question is posed. Remember, even if your attorney attends the interview with you, he or she cannot answer questions for you.
For more information and resources on the N-400 visit this page ws6form-n-400/
USCIS is always a good source to research for any immigration issue. ws6citizenship/learners/apply-citizenship/forms-and-fees
We understand the immigration process can be confusing. Contact us for a consultation today. All clients will be walked through exactly what to expect and how to prepare for their Naturalization interview.
Here are the other nine important tips to keep in mind when preparing for your N-400 Naturalization Interview:
Review the N-400 application question by question Have a copy of the N-400 submitted Review any criminal convictions for accuracy Take original documents with you Have reference of any name changes on application Be ready to address and mention any trips outside the country Record of any arrests Have latest income tax or extension State if you are nervous and focus on the questions
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Immigration & Taxes
2/14/24
Have You Done Your Taxes? Immigration is how we have helped improved many lives, but we also want to see if we can improve your life in other ways. With the new VIP Community Program at The Lozano Law Firm, we help you by sharing your business with our community or by helping you find a service provider or business you might be in the need for.
We are happy to share with you that in San Antonio, we have collaborated with eight Liberty Tax locations and three Pro Tax locations to connect you with professionals that can help you with all your tax questions.
If you have an immigration issue and want to start a process or currently in the process of changing or adjusting your legal status, you will most likely have to work on preparing your taxes or organize tax paperwork at some point.
One way to file taxes even if you do not have a social security number is through an ITIN. Below is information from ws6 that helps outline what an ITIN is. Whether you have an employment-based or family immigration case, you need to have your taxes organized.
What Is An ITIN?
ITIN stands for Individual Taxpayer Identification Number. First introduced in 1996, an ITIN is a United States tax processing number issued by the Internal Revenue Service. A tax ID number consists of nine digits beginning with the number 9 and generally has a range of 70 to 99 (excluding 89 and 93) in the fourth and fifth digit. Example: 9XX-70-XXXX or 9XX-99-XXXX.
What Is An ITIN Used For?
The IRS issues ITINs to help individuals comply with the U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for Social Security Numbers (SSNs). ITINs are used for federal tax reporting purposes only. An ITIN does not serve as valid identification outside of the tax system, therefore it does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit.
Who Needs An ITIN?
If you meet one of the following situations below, you will need an ITIN to file your federal income tax return:
Foreign nationals and others who have federal tax reporting or filing requirements and DO NOT qualify for SSNs A non-resident alien individual not eligible for a SSN who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty needs an ITIN A nonresident alien required to file a U.S. tax return A U.S. resident alien (based on days present in the United States) filing a U.S. tax return A dependent or spouse of a U.S. citizen/resident alien A dependent or spouse of a nonresident alien visa holder
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Liberty Tax and Pro Tax are two separate companies, not affiliated with each other. The Lozano Law Firm does not own or operate either company.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Immigration Tip of the Month, Goals
2/14/24
The Immigration Tip of The Month for February has to do with goals and progress and not allowing fear to stop us. When was he last time you did a reality check and took a moment to look at your life. Look at the day-to-day actions you take. Look at who you surround yourself with. Look at goals you have accomplished. Look at the goals you have achieved and more importantly, the goals you value. When we meet with a potential immigration client, it is very important that he or she has goals and wants to achieve those goals.
One Of The Tips We Want To Focus On Today Has To Do With Progress. Progress In Creating A Better Life. If you ever catch yourself thinking about or maybe complaining about how you don’t progress, how you don’t advance. Then it is time to think about not just your goals, but how to measure and keep track of those goals.
In this photo, you will see a boy and his puppy. Both the boy and his pup are growing. Everyday they are literally growing taller and getting bigger. His doctor and loving parents keep a record that shows exactly how much he has grown year after year. His pup is also growing and the boy is also tracking his dog’s growth! It is so important that we keep track of weight and height of our young ones–it is a goal to grow in these areas and therefore, we measure them.
My Question To You Is One That I Often Ask Myself. How are you keeping tack of your goals in life. How are you growing your money or happiness? What about your immigration status progress? If changing your status will improve your life, are you moving forward and tracking your progress?
Before you know it, the cycle of life changes and it becomes harder to see the importance of growth. Like a child becomes an adult that does not care to track height or weight anymore and is just surviving, so do our goals. If we do not keep them at the forefront of our priorities, they too will be forgotten and one day you wake up to realize, they were consumed by time, procrastination or other excuses that life convinces us are more important.
Immigration Tip. Don’t Live In Fear. Take A Step In Your Goals Everyday & Make Them Important. We are proud to share in the image below one of our clients who is taking positive steps in her life despite the unknown. Her name is Maria Rocha. She is a Dreamer, Teacher and Student. Read her story featured on NPR here.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Immigration Law Firm Supports Women in Business
2/7/24
Being an immigration law firm based in San Antonio, it is important to support our community.
On May 19th, NAWBO San Antonio Chapter & The Lozano Law Firm Presented A Scholarship For Samantha Dvorak At Construction Careers High School In San Antonio, TX.
“It was great to hear how well Samantha is doing in school. We spoke to her Geometry teacher and she said that scholarship could not have gone to a better student, she is very dedicated student, very focused, a friend to all, and just a great person. We are happy to be part of her education journey,” said Mr Lozano.
Samantha Dvorak will be attending UTSA this Fall and she plans to start her business as well. Her parents were also in attendance and it was apparent that they were very proud of their daughter.
The National Association Of Women Business Owners (NAWBO) Is The Unified Voice Of America’s More Than 10 Million Women-Owned Businesses Representing The Fastest Growing Segment Of The Economy.
Headquartered in Washington D.C., NAWBO is the only dues-based organization representing the interests of all women entrepreneurs across all industries; and boasts more than 7,000 members and 80 chapters across the country.
This year The Lozano Law Firm was a contributor to the organization’s scholarship fund where young ladies in high school competed to win money to help pay for their college expense. As part of the process, the participants submitted a business plan that was anonymously judged by professionals, including the law firm.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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What Visas Are Required for Canadian & Mexican Nafta Workers?
2/7/24
If you are a business owner who wants to work with talented employees from Canada and Mexico, you might want to consult with an immigration lawyer about this process and the Visas available for that purpose. Read on to learn more about how North American Free Trade Agreement (NAFTA) professional workers from Canada and Mexico can be employed by your company through the right Visa process and how the immigration law team at Lozano Law Firm can help you.
NAFTA created special economic and trade relationships for the United States (U.S.), Canada, and Mexico. These provide exceptions and specific processes from the usual Visa arrangements required to enter the U.S. as a noncitizen. Suppose the employee is coming to the U.S. as part of prearranged business activities. In that case, NAFTA workers from both Canada and Mexico can enter the U.S. for that purpose on what is known as a TN Visa which provides for temporary professionals.
TN NAFTA Professional Status Basics The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level. This Visa status is also referred to as a TN NAFTA Professional. There are certain conditions the employee in question must meet to qualify:
They must be a citizen of either Mexico or Canada The position in the U.S. requires someone classified as a NAFTA professional The job in question is on the approved NAFTA list The work is either a part-time or full-time position The applicant has basic requirements for the job such as education or experience When the TN Visa process is an option because a worker from Canada or Mexico already has a formal job offer, this is one of the fastest ways to get a Visa and therefore is preferred. You are encouraged to work with an experienced immigration lawyer to complete all of the necessary paperwork in a timely fashion. When an immigration official reviews a Canadian citizen’s application for a TN Visa , it is sometimes possible to get immediate approval, provided that you have submitted all the proper evidence and paperwork.
Questions About NAFTA? Contact Lozano Law Firm At Lozano Law Firm, we work hard to help families and corporations through the immigration maze™. Our office has extensive experience assisting NAFTA applicants for Visas from Mexico and Canada to get answers to their questions and to assist them with the process of gathering and submitting information. We’re here for you if you’d like help with the NAFTA TN Visa application process or any of the questions that might come up as the application is in review.
Alfredo Lozano, a board-certified immigration attorney in good standing licensed to practice U.S. immigration law, can help you navigate the confusing paperwork with expertise, dedication, and an individual approach. Fill out our contact form or call us at ph6 to get started.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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U Visa: Who Qualifies for One & How Do They Work
2/7/24
U Visas Are A Type Of Visa That We Have Experience Processing For Some Of Our Clients Like any immigration related matter, many questions arise as to what the process involves. Timing, qualifications, and of course the process itself. This article gives explains what the U Visa is and how it works. But before we get to that information, we want to highlight the topic of timing.
Recently, we have noticed that the priority date for some U Visas has been extended way into the future with delays up to four years. Currently, experts are estimating that the government will take about 12 years to catch up on U Visas pending applications. This delay is not new. We noticed it years ago, however based on the latest information, the backlog will continue.
We typically advise not wait on any immigration matter (unless recommended by your attorney). Immigration can often have an unexpected change so, if you qualify for relief, explore your options.
U VISAS (CRIME VICTIMS) A U Visa is non-immigrant Visa for certain victims of criminal activity in the United States. To qualify for a U Visa, the victim has to prove that she/he suffered a direct and proximate harm as a result of the commission of one of the following criminal acts or any similar activities in violation of federal, state, or local criminal laws such as:
Abduction; blackmail; domestic violence; extortion; false imprisonment; felonious assault; female genital mutilation; forced labor o fraud in foreign labor contracting, hostage (being held as a); incest; involuntary servitude; kidnapping; manslaughter; murder; obstruction of justice; peonage; perjury; prostitution; rape; sexual assault or sexual contact (abusive) or sexual exploitation; slave trade; stalking, torture; trafficking; unlawful criminal restraint; witness tampering; or attempt, conspiracy, or solicitation to commit any of these crimes. Any “similar activity” refers to criminal offenses in which “the nature and elements of the offenses are substantially similar to the statutorily enumerated list of criminal activities. Agencies will also look to see whether the crime involved is within the category of crimes enumerated because they have parallel elements. The above list of specific statutory violations shall not be considered restrictively, but instead a list of general categories of criminal activity. A direct victim may include a witness to the crime who had a severe reaction such as a miscarriage or heart attack. Indirect victims include family members of the direct victim such as the spouse and children under 21.
If the direct victim was under 21, his or her siblings under 18 and parents as well as spouse and children may qualify as indirect victims. A person may be the victim of witness tampering, obstruction of justice or perjury, including attempt, solicitation or conspiracy to commit one or more of those offenses if he or she has been directly and proximately harmed by the perpetrator of those crimes and the perpetrator committed them as a means to avoid or frustrate efforts to investigate, arrest, prosecute or otherwise bring to justice the perpetrator for other criminal activity or to further the perpetrator’s abuse or exploitation of or undue control over the petitioner.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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I Have An Overseas Company & Want to Open a U.S. Subsidiary. Which Visa Do I Need?
2/7/24
If you are looking for a lawyer for immigration, it might be to assist with the selection of the right Visa to send an employee to the United States (U.S.) as an executive or manager to establish a new office. You will need to follow specific procedures as a foreign national to open your U.S. office, which requires careful planning.
The two main options available to you are an “L-1” Visa and an “E” Visa for a foreign national desiring to open a U.S. subsidiary.
L-1 Visa Basics For Foreign Company Owners The L-1 Visa is appropriate if you’re a foreign business and would like to open a new office in the U.S. that is a related entity in one of a few different ways. For example, suppose the new office will be a parent, affiliate, branch, or subsidiary of an already-in-existence foreign company. In that case, you can use the L-1 Visa process to open your new U.S. office. There are two subcategories of the L-1 Visa to consider:
The L-1A Visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the U.S. The L-1B Visa is for intracompany transferees who work in positions requiring specialized knowledge. Also, in establishing this new U.S. office, you must show:
You have a physical location for the new office; The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and The new office will support an executive or managerial position within one year of the approval of the petition. E-1 Visa Basics For Foreign Company Owners There are three subcategories of the E Visa. The E-1 classification is one of them to consider. To qualify, you must:
Be a national of a country the U.S. maintains a treaty of commerce and navigation with; Carry on substantial trade; and Carry on principal trade between the U.S. and the treaty country, which qualified you for E-1 classification. E-2 Visa Basics For Foreign Company Owners The E-2 subcategory of the E Visa is another option. To qualify, you must:
Be a national of a country the U.S. maintains a treaty of commerce and navigation with; Have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.; and Be seeking to enter the U.S. solely to develop and direct the investment enterprise.
Evidence Requirements For E-1 Or E-2 Visa There is also a lot of evidence required if you need to submit an E-1 or an E-2 Visa. This is because you have to provide proof about the substantial nature of the trade relationship between the treaty country and the U.S. One of the most important things to note is that you want to ensure your application is fully and properly drafted the first time around because there is no appeal process in place in the U.S. if your E-1 or E-2 Visa is denied. While you can resubmit that application with new evidence, this can add to further delays and could impact your timeline for opening your U.S. office as a result.
Hiring The Right Immigration Lawyer: Lozano Law Firm A lawyer for immigration can also help you with your first-time application. Alfredo Lozano, a board-certified immigration attorney in good standing licensed to practice U.S. immigration law, can help you navigate confusing paperwork with expertise, dedication, and an individual approach. For legal advice on your L-1 or E Visa case from one of The Lozano Law Firm PLLC’s immigration attorneys in Texas, call us.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Understanding the N-400 Application for Naturalization
2/7/24
If you have questions about the N-400 application process for naturalization, an immigration lawyer can help give you the answers you need. Foreign nationals who want to apply for naturalization may do so by filling out and submitting Form N-400, but that’s not all. You also must meet specific eligibility requirements to apply.
A lawyer specializing in immigration law can help you determine if you meet the criteria and can also help you file the Form N-400 correctly. Lozano Law Firm is an immigration law firm serving the communities of San Antonio, Eagle Pass, Laredo and San Angelo in business and family-based immigration law, and is here to assist you with your Form N-400 application.
Certified Immigration Lawyer Near Me In San Antonio, TX: Lozano Law Firm At The Lozano Law Firm, we’re passionate about helping our friends and neighbors in southern Texas achieve their lifelong dreams of U.S. citizenship. Our founder, Alfredo Lozano, is a board-certified specialist in immigration and nationality law who has extensive experience handling naturalization cases.
As a first-generation American himself, Mr. Lozano can help you navigate the waters of immigration and naturalization. Call us at The Lozano Law Firm today at ph6 to schedule an initial consultation and evaluate your case.
What Is Naturalization? Naturalization is the process that foreign nationals can use to become U.S. citizens. However, applicants must have a legal permanent residence in the U.S. for at least three to five years before they file Form N-400, or they won’t be eligible.
Form N-400 If you’re a Green Card holder, you can use Form N-400 to apply for naturalization. Currently, the wait time for N-400 naturalization approval is between 18.5 and 24 months. You’ll also have to pay fees when you file the N-400 as follows:
$725 government filing fee $640 processing fee $85 for biometrics (fingerprints, etc.) If you can’t afford the fees, you can apply for a fee waiver or reduction.
What Are the Eligibility Requirements For Naturalization? Green Card holders over 18 can apply for naturalization three to five years after obtaining a permanent residency. However, you must meet even more requirements to file for naturalization:
You cannot have left the U.S. for more than six months at a time during the three- to five-year waiting period. You must take and pass a two-part test: one on the English language and another about U.S. history and government. You must live in the state where you’re applying for citizenship for at least three months prior to filing. You must have “good moral character,” which measures up to the standards of most average U.S. citizens. Males who live in the U.S. between the ages of 18 and 25 must register with the Selective Service System. You must be 100% willing to perform civil service or serve in the U.S. military, if necessary. Lastly, you must be ready to defend the U.S. Constitution.
Call Lozano Law Firm Today To Start The Naturalization Process At Lozano Law Firm, we work hard to help families and corporations through the immigration maze™. We believe that immigrants are really good for our country, and we will make every effort within our area of law to help clients obtain legal status in the United States.
Alfredo Lozano, a board-certified immigration attorney in good standing licensed to practice U.S. immigration law, can help you navigate the confusing N-400 paperwork with expertise, dedication, and an individual approach.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Experienced Immigration Lawyer Answers Questions About I-130 Petition for An Alien Relative
2/4/24
Would you like to ask an experienced immigration lawyer about the process of filing an I-130 petition for an alien relative?
If you’re planning to file a Form I-130 to sponsor a loved one, look no further than Lozano Law Firm. Our founder and principal attorney, Alfredo Lozano, is highly knowledgeable about family and immigration law, using his legal skills and expertise to assist the southern Texas community. Call our team of professionals at The Lozano Law Firm today to schedule your initial consultation.
What Is Form I-130? The official name of Form I-130 is the “Petition for Alien Relative,” which is the way for U.S. Citizens or Green Card holders to start applying for their family members to become lawful permanent U.S. residents.
It’s the first step you’ll need to take to apply for a family-based Green Card and hold your place in line for any available Visa. The process can be quite long and will require you to submit supporting evidence, such as photos, birth certificates, marriage certificates, etc.
How Long Does The I-130 Petition Process Take? The timeline for the I-130 process depends on two major factors:
The field office that receives your Form I-130 The type of family relationship in question on your application Here are the general guidelines regarding how long an approval can take. However, keep in mind that each case varies on an individual basis.
Immediate relatives of a Green Card holder (parent, spouse, or child): between 13.5 and 19 months Immediate relatives of a U.S. citizen: between 10 and 14 months Siblings of U.S. citizens: between 13.5 months and 20 years As you can see, you need to file your I-130 petition right away. The sooner you file, the sooner you have a chance of getting approval.
Does It Cost Money To File The I-130 Petition? Currently, the cost of filing Form I-130 is $535. Officially, it’s called a Government filing fee. You’ll have to pay this fee either by credit card, money order, or check. If you don’t have the money, you won’t be able to file. Unfortunately, the U.S. Government does not offer a fee waiver for the I-130 petition.
Alfredo Lozano: The Immigration Attorney You Can Count On To Fight For Your Family At Lozano Law Firm, we work hard to help families and corporations through the immigration maze™. We believe that immigrants are really good for our country, and we will make every effort within our area of law to help clients obtain legal status in the United States.
We’ll do everything in our power to help, starting with filing your Form I-130 petition on your behalf or helping you with an appeal if you received a denial. The process is long and complicated, but we’ll be there to guide you through from beginning to end.
Alfredo Lozano, a board-certified immigration attorney in good standing licensed to practice U.S. immigration law, can help you navigate the confusing I-130 paperwork with expertise, dedication, and an individual approach. Fill out our contact form or call us to schedule your initial consultation.
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Understanding Daca & Possible Changes to the Program Under President Joe Biden
2/1/24
Do you or a loved one have questions about the federal DACA program DACA Many changes have impacted this program in recent years, so be sure to work with an immigration attorney if you plan to open your application.
What Is DACA? Under this program, announced in 2012, the Department of Homeland Security allows certain individuals who come to the U.S. as qualifying children to request consideration for “deferred action” for two years. After this point, the status can be renewed. This term means that the prosecution has the discretion to pause removal actions. Although it does not give an immigrant legal status at this time, it allows them to be eligible to work in the US. As such, you need to hire an immigration attorney immediately.
Those who were approved for this program did not become citizens or were put on a path to citizenship, but can obtain a social security number, a work permit, and a driver’s license because of this program.
What Changes Did U.S. Citizenship & Immigration Services (USCIS) Make To DACA? In 2017, the Trump administration announced its intention to end this program altogether. That has changed due to a December 2020 court decision and the election of a new president, but work to undo what the previous administration did is still in progress. That is why it is even more critical to hire an immigration attorney in your case. During that administration, several changes to the DACA program were implemented, including denials of all new DACA applications, a reduction in the length of time the program operated from two years to one, and the denial of all requests for travel outside the U.S.
USCIS was able to accept DACA applications for the first time after a December 2020 court ruling. A month earlier, a judge held that the aforementioned changes to the DACA program under Chad Wolf, acting head of DHS, were unauthorized and should not have been made.
What Are President Joe Biden’s Priorities Regarding DACA? The president strongly supports this program. By a presidential action statement from the briefing room, it intends to preserve and strengthen this program. It is possible, but there is no guarantee that more children will be eligible for this program under the current administration. Biden stated in his election campaign that he intended to reinstate this program within his first 100 days as president.
Have Questions About Your DACA Eligibility? Contact The Lozano Law Firm We understand that it can be confusing and overwhelming when a change in presidential administrations and Congress means that immigration policies could also change. That’s why we work hard to help families and corporations through the immigration maze. We will sit down with you to get an idea of where your case is now and what you can realistically expect.
Obtaining the assistance of an immigration attorney could significantly affect your ability to apply for DACA. The rules of this program are specific, and now is the perfect time to take advantage of a supportive presidential administration. In addition, a court decision in late 2020 means that the government has to reopen DACA to applicants, which could allow up to 300,000 undocumented immigrants who came to the United States as children to enroll. This program has been renewed for two more years, so time is critical to open your application.
An immigration attorney can help you with your first-time application. Alfredo Lozano, a board-certified immigration attorney licensed to practice U.S. immigration law, can help you navigate the confusing paperwork with experience, dedication and an individual approach. To obtain legal advice about your DACA case from one of the Texas immigration attorneys at The Lozano Law Firm PLLC.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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What You Need to Know About the Eb-5 Reform & Integrity Act of 2021
2/1/24
The EB-5 Visa is a pathway to a Green Card for foreign nationals investing in a U.S. business. The EB-5 program, founded in 1990, has induced considerable investment in the U.S. economy over the past three decades. With his or her spouse and unmarried children under the age of 21, a successful investor can enjoy lawful permanent resident status in the United States and may also be eligible for citizenship at a later date.
EB-5 Visa Requirements USCIS requirements for EB-5 Visa applicants include investing a minimum amount of $900,000 or $1.8 million. Specifically, the investment must equal at least $900,000 in targeted employment areas (TEAs) and $1.8 million elsewhere. In addition, the investment must create or preserve at least ten full-time jobs in the United States within two years.
EB-5 Program Mismanagement Unfortunately, in many cases, unscrupulous individuals have abused the EB-5 program for personal gain. Scams have included misleading or false EB-5 advertisements, misuse and theft of investor funds, and improper solicitation of investors.
In some cases, EB-5 applicants have been victims of a breach of contract and did not receive their promised Green Cards after investing large sums through regional centers.
To combat EB-5 fraud, the Securities and Exchange Commission (SEC) has launched its Whistleblower Program, allowing individuals to receive awards for intercepting fraudulent EB-5 schemes. USCIS has been widely criticized for its lack of adequate regulation and transparency.
EB-5 Reform & Integrity Act In 2019 and again in 2021, Senators Chuck Grassley and Patrick Leahy have introduced the EB-5 Reform and Integrity Act, a legislative move aimed at reforming the federal government’s EB-5 program. The new law aims to update the rules and regulations for Green Card approval and to eradicate the misappropriation of investor funds through regional centers.
According to Senator Grassley, the EB-5 program is off target. Although the original intent of the program had been to promote investment in economically disadvantaged areas and rural regions, in many cases, investments have gone to already developed areas that promise higher returns.
What The EB-5 Reform & Comprehensiveness Act Means For Investors Despite some criticism of the restrictions that the reformed law would impose, the new EB-5 legislation is generally good news for foreign investors. It would mean relicensing regional centers for the next five years, greater accountability of regional centers to applicants, and stronger protection for investors who unknowingly become involved in a fraudulent act.
In addition, the reform would include indirect and induced employment in the calculation of full-time jobs created, making this program requirement easier to achieve.
Suppose you have a specific concern regarding your EB-5 Visa application under the EB-5 Reform and Integrity Act. In that case, we recommend contacting an attorney for immigration status, Visa application, and permanent residency questions about your case.
The Lozano Law Firm: Immigration Lawyer Near Me At The Lozano Law Firm, we believe that immigrants are truly good for our country. We are proud to help families and corporations through the immigration maze.
Aside from its practical and emotional challenges, immigration can include a stressful bureaucratic phase, during which individuals may need help understanding their legal rights. Alfredo Lozano, a Texas board-certified immigration attorney licensed to practice U.S. immigration law, can help you navigate confusing paperwork with experience, dedication, and an individual approach.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Vawa Green Card Lawyer: Navigating the Self-Petition Process
2/1/24
In a world striving for justice and protection, the Violence Against Women Act (VAWA) stands as a vital piece of legislation in the United States. It offers a lifeline to a victim of domestic violence. One of the significant benefits it provides is the opportunity for survivors to apply for a Green Card. It can grant them permanent residency and a chance to rebuild their lives. In this comprehensive guide, you will learn how victims can obtain legal status, empowering them with information and hope for a better future.
Understanding VAWA & Its Purpose In 1994, the U.S. decided to take a big step to address a huge problem – violence against women. VAWA isn’t just about a catchy name; it’s a comprehensive law that aims to fight all sorts of violence – from domestic abuse to stalking and sexual assault. It is like a shield of protection and support for those who need it most. VAWA recognizes that victims need more than just words – they require resources and help. So, it’s not just about saying “violence is bad” but about providing tools to tackle the issue head-on. “Violence Against Women Act” also doesn’t discriminate. It’s for everyone – women, men, kids – anyone who’s been a victim. By including every individual, VAWA sends a strong message that violence is not okay, no matter who you are. One of the remarkable things the Violence Against Women Act does is provide a chance for victims to apply for a Green Card. That’s like a golden ticket to staying in the United States permanently. It’s a way for victims to escape a bad situation, get stability, and build a new life. VAWA isn’t just words on paper; it’s a lifeline for those who need it, offering protection and a chance for a brighter future.
Adjustment Of Status – Applying For A Green Card Upon approval of the VAWA self-petition, the victim can apply for a Green Card through an “adjustment of status.” This process allows the petitioner to transition from their current immigration status to that of a lawful permanent resident. It’s important to note that approval of the VAWA self-petition does not automatically grant the Green Card; it simply establishes eligibility to apply for one. The adjustment of status process involves filing Form I-485, Application to Register Permanent Residence, or Adjust Status. This form requires a thorough overview of the applicant’s personal history, immigration history, and the reasons they seek adjustment of status. The applicant must also undergo a medical examination and biometric appointment. It’s critical to remain truthful and provide accurate information during this stage. Any discrepancies or false statements can lead to delays, denials, and legal consequences.
Why You Need A VAWA Lawyer Obtaining legal assistance when pursuing a Green Card through a VAWA self-petition can significantly simplify the complex process and enhance your chances of success. Here’s how legal professionals can support individuals in such situations.
The Violence Against Women Act’s provision allowing victims to secure Green Cards underscores its comprehensive approach to addressing gender-based violence. By granting legal safeguards and opportunities, VAWA rectifies past wrongs and envisions a future free of violence with robust survivor support. The intricate journey toward a Green Card via a VAWA self-petition reflects survivors’ tenacity, rejecting past trauma as their sole definition. Through this process, individuals reclaim lives, self-respect, and agency, entering a future of safety, freedom, and renewed empowerment.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Understanding E-2 Visa Requirements
2/1/24
If you make a substantial investment in a U.S.-based business, you may be eligible to apply for an E2 Visa. This Visa will allow you to live and work in the U.S. for a minimum of three months and a maximum of five years, although the maximum may be eligible for extension.
Since the E2 Visa comes with complex requirements, you should consult with an immigration attorney. to help you through the process. In the meantime, you can review this list of questions to see if immigration benefits through an E2 Visa may be right for you.
Are You A Citizen Of A Country With Which The U.S. Is A Citizen Of A Country With Which The U.S. Do You Have A Trade Agreement? The United States and your home country must share an E2 treaty. E2 treaty that helps to simplify economic and commercial collaboration. You can find the treaty countries online or consult with an immigration attorney. You must be a citizen of a trade treaty country, not a legal permanent resident.
Are You Making A Substantial Investment In The Business? The definition of substantial investment varies from one situation to another and from one person to another. However, for purposes of an E2 Visa, it means that the investment must be significant enough to facilitate the successful operation of the business.
While the EB5 Visa requires a specific minimum dollar amount, the E2 does not. In general, the investment must be $100,000 or more. In some cases, the authorities may grant a Visa for a smaller investment, but usually a larger dollar amount carries more weight.
You can document the importance of the investment to business operations with a list of items you have purchased for the business, receipts, business and personal bank statements, accounting documents and a business plan.
Are Your Funds At Risk? You need to be committed to your business purchase or start-up effort. To qualify for the E2 Visa, you must have spent the funds and be at risk of losing your money if the business fails. The immigration authorities will not consider a loan that you have backed by investment assets.
You should do your homework on the business in which you want to invest to learn all about the company and its competitors to assess its present status and future potential. Then, to protect your investment, you can negotiate a sales agreement with the existing owner, detailing the terms and conditions of purchase, pending their thorough evaluation.
If you want to demonstrate your commitment while still protecting your funds, you can open an escrow account to hold your entire investment and transfer the funds when your E2 Visa application is approved.
Contact The Lozano Law Firm In South Texas If you need an E2 Visa lawyer or EB5 Visa lawyer in South Texas, be sure to contact Lozano Law Firm. At Lozano Law Firm, our team is committed to helping families and corporations through the immigration maze because we know that immigrants are good for our country. Attorney Alfredo Lozano is an expert in nationality and immigration law certified by the Texas Board of Legal Specialization. We are dedicated to assisting those seeking immigration status in good standing.
If you have questions about the E2 Visa or other immigration related matters, please complete our online our online contact form or call our team at Lozano Law Firm at ph6. Our experienced team of immigration professionals serves South Texas with offices in San Antonio, Eagle Pass, and San Angelo, Texas.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Employment-Based Green Card: How Can You Obtain It?
2/1/24
The dream of relocating to the United States for work captivates countless individuals worldwide. At the heart of this aspiration is the employment-based Green Card. This document paves the way for talented individuals to make the United States their new home. It grants them the freedom to work and contribute to the diverse American landscape with the help of an immigration lawyer. The process, the perks, and the possibilities—there’s so much to explore. So, whether you’re just curious or actively considering this route, let’s unravel the intricacies of this employment-based opportunity together.
What Is An Employment-Based Green Card? A Green Card for employment-based immigrants is like a special ticket. It lets people from foreign countries live and work in the United States because of their job skills. There are various ways to attain permanent residency through this pathway. Imagine living and working in the country, meeting new people, and enjoying a good life. For many, it’s a chance to tap into world-class professional opportunities, access quality education for their children, and embrace diverse cultural experiences. Moreover, the stable economy, comprehensive healthcare facilities, and the promise of a better quality of life have always attracted foreign nationals. Obtaining this Green Card means a step closer to these aspirations, fostering personal growth and ensuring a brighter future for their families.
Who Can Apply For A Green Card Through Employment? Jobs are diverse, and so are the ways of obtaining a permanent residence with them. Here are a few paths that you can take when applying for a Green Card. Holders of the following Visas can submit an application to obtain a permanent resident card in the United States.
EB-1 Visa: Exceptional Ability EB-2 Visa: Advanced Degree Or Exceptional Ability EB-3 Visa: Skilled, Professional, Or Other Workers EB-4 Visa: Special Immigrants EB-5 Visa: Investors
Let An Immigration Lawyer Guide You Amidst the complexities of securing a Green Card, having the right guidance is invaluable. This is where Lozano Law Firm steps in with its help. Their seasoned immigration attorneys simplify the process and offer tailored solutions to navigate challenges. From documentation accuracy to issues from job changes, their guidance ensures a smoother journey. With Lozano Law Firm, you gain a trusted partner to make all the difference in getting a Green Card.
Securing a Green Card is a transformative journey that can open doors to a stable future in the United States, unbounded career possibilities, and the opportunity to reunite families. Individuals can find a pathway to make the United States their new home through various employment categories such as EB-1 for exceptional ability, EB-2 for advanced degrees, EB-3 for skilled workers, EB-4 for special immigrants, and EB-5 for investors. This document offers more than legal status—it provides a chance for personal and professional growth. Obtaining permanent residency through employment involves confirming eligibility, submitting applications, waiting for priority dates, and navigating consular processes or adjustment of status. Along the way, there may be challenges such as documentation errors, job changes, and financial considerations. However, with guidance from experienced Green Card attorneys, you can confidently tackle these issues.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Family Immigration Attorney: Green Card Through Family Ties
2/1/24
When obtaining a Green Card, many people may not realize the opportunities that exist through family connections. One avenue that often goes under the radar is the possibility of applying for it through one’s children who are U.S. citizens or lawful permanent residents. This process, known as family-based immigration, can provide a pathway to lawful permanent residency for parents or children of U.S. citizens or LPRs. Learn more about it and how a family immigration attorney can help.
The Application Process The path to obtaining a Green Card through family connections involves essential steps to secure lawful permanent residency in the United States. The process comprises two main stages: filing an immigrant petition and applying for a Green Card.
Form I-130’s Purpose & Significance At the core of the immigrant petition is Form I-130, officially known as the Petition for Alien Relative. Ensuring the accurate completion of Form I-130 is essential. Any discrepancies or inaccuracies within this form could significantly impede the progression of the entire application process. This foundational step sets the tone for the journey ahead and underscores the significance of precision.
Form I-485: Adjustment Of Status Application After the submission of Form I-130, the beneficiary of the petition (the intending immigrant) may be eligible to file Form I-485, known as the Application to Register Permanent Residence or Adjust Status. This is the pivotal stage where the applicant seeks to adjust their status from non-immigrants to permanent residents. Form I-485 requires a thorough and accurate completion, as it reflects the intent to live permanently in the United States.
Form I-864 : Affidavit Of Support As part of the Green Card application process, the petitioner may need to submit Form I-864, the Affidavit of Support. This form is crucial as it demonstrates that the intending immigrant will not become a public charge and that there is financial support available from the petitioner. Ensuring financial information and documentation accuracy is essential to avoid potential issues. Form I-765: Employment Authorization Application Applicants may also choose to file Form I-765 to request an Employment Authorization Document (EAD) while their Green Card application is pending. The EAD allows them to legally work in the United States during this time.
Form I-131: Advance Parole Application For those who need to travel outside the U.S. while their Green Card application is pending, Form I-131, the Application for Travel Document (Advance Parole), may be necessary to avoid abandoning the application. It is crucial to consult with your immigration attorney if you have plans to travel to another country while your petition is pending.
How A Family Immigration Attorney Helps Experienced immigration attorneys thoroughly grasp the nuances of family-based immigration. They can guide you through the complexities of the application process, ensuring accurate and complete documentation to prevent any potential delays or errors.
Let Lozano Law Firm Help With Your Green Card Journey When it comes to navigating the intricate process of obtaining a Green Card through family connections, the skills of a qualified legal team like Lozano Law Firm can prove invaluable. With a deep understanding of the law and a focus on family-based immigration, the firm’s skilled lawyers are dedicated to assisting you every step of the way.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Permanent Resident Card Acquisition Through Family Ties
2/1/24
Many aspire to become lawful permanent residents or Green Card holders, aiming to build their lives in the United States. One way to achieve this goal is by applying with the help of their U.S. Citizen or LPR parents. The process involves meticulous documentation and adherence to specific procedures to ensure a successful application for permanent resident status. In this article, learn the details of the application process, the various instances where people can apply for a Green Card through their parents, and shed light on the critical role of the National Visa Center (NVC).
Family-Based Green Card: A Brief Overview The family-based Green Card process is a crucial pathway for eligible individuals to obtain permanent residence in the United States. It’s based on family connections with U.S. citizens or LPS. This approach recognizes the importance of reuniting families under the United States immigration policy. In this category, parents can start the process for their children to become permanent residents. Similarly, children can help their parents achieve the same status. This process supports strong family bonds and contributes to the diverse fabric of American society.
The National Visa Center’s Role The NVC is a vital link between petitioners, beneficiaries, and U.S. embassies in the journey to permanent residency. It facilitates smooth communication, reviews documents meticulously, and coordinates the process effectively.
How An Immigration Lawyer Helps Lozano Law Firm offers valuable guidance and assistance in navigating the complexities of the immigration process. With a dedicated team, the firm provides reliable insights and support to individuals seeking permanent residency through family-based Green Cards. They utilize their understanding to aid clients in gathering necessary documents, completing vital forms, and complying with immigration regulations. Their approach is centered on clients, streamlining the process, and boosting the potential for a successful application.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Green Card Registry Lawyer: Obtaining Permanent Residency
2/1/24
Dreams of living and working in the United States have enticed countless individuals worldwide. The allure of opportunities, stability, and diversity has led to the creation of various pathways to obtaining a United States Green Card. One of these lesser-known routes is through the Registry provision. It is a unique opportunity for individuals who have been present in the United States continuously for an extended period. In this article, you will learn how people can qualify for a permanent resident card through the Registry, as specified by the U.S. Citizenship and Immigration Services (USCIS).
Exploring The Registry Provision U.S. immigration laws provide an option known as the Registry provision. This pathway acknowledges individuals who’ve been in the country for a significant period. Unlike the usual routes like family or work, the Registry provision focuses on those who’ve been here before January 1, 1972.
Green Card Through Registry The Registry provision acknowledges those who have been integral to American society for a substantial duration, extending well beyond the ’72 threshold. If you have been residing in the United States since before January 1, 1972, you may be eligible to apply for a Green Card. This provision also encompasses those who entered the U.S. through unconventional routes, bypassing typical channels for discreet pathways. It affirms the contributions of individuals who have significantly shaped the diverse tapestry of the United States through their narratives, life experiences, and lasting impact.
How A Green Card Registry Lawyer Helps So, you’ve come across the Registry provision and its potential to get you a Green Card. Sounds promising, right? But let’s keep it real – the path can be twisty and uncertain. That’s where a Green Card lawyer comes in, acting like your compass, helping you navigate through the twists and turns on your journey to permanent residency.
Help You Keep Up With Changes
Immigration rules change, but an immigration attorney keeps pace. They ensure your application aligns with the latest requirements. This proactive approach avoids last-minute surprises, keeping your application on track. Aiming for a Green Card through the Registry provision is a big step toward a stable future in the United States, and having a Green Card lawyer by your side only boosts your chances. They’re your support system. Their guidance can transform a complex process into a doable one, ensuring you’re ready and represented through your application journey. So, if the Registry provision is your route, think of a Green Card attorney as your trusted companion on this crucial journey. Let A Green Card Attorney Assist You As you go through obtaining a Green Card through Registry, remember: this isn’t a solo adventure. The immigration lawyers from Lozano Law Firm are like your navigators through the twists, breaking down those legal puzzles and ensuring you’re on the right path. From the confusing eligibility requirements to the maze of forms, they’ve got you covered. So, as you step into the realm of permanent residency, remember that with Lozano Law Firm as your wingman, you’re not just moving ahead – you’re moving into a world of opportunities and true belonging in the United States.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Special Immigrant Attorney on Ways to Obtain a Green Card
2/1/24
The United States represents a land of opportunities, dreams, and a fresh start for many people around the world. Obtaining a Green Card, with the help of a special immigrant attorney, becomes a beacon of hope for these dreamers. However, as with most immigration pathways, the road to the coveted permanent resident card has multiple routes. Each of them is tailored for specific groups of people. Among the options, the “special immigrant” category distinguishes itself. Unlike traditional immigration routes that often focus on employment or family connections, the special immigrant pathway is distinct. It caters to specific individuals, each with a unique set of circumstances. These people might not fit the conventional categories but have compelling reasons to seek a life in the United States. This category encompasses a diverse group, from those bravely aiding the U.S. armed forces abroad to young souls seeking refuge from abuse, neglect, or abandonment. Their reasons for moving might differ vastly, but their end goal remains unified—the pursuit of permanent residency in the United States. Here, you will uncover the specific conditions and scenarios that allow an individual to apply as a special immigrant. Learn what makes you eligible for the category and how to apply for a Green Card.
Why Seek Help From A Special Immigrant Attorney? Navigating the complexities of immigration law can be daunting. With so many intricacies that you need to deal with, consulting with a legal professional will prove helpful. Here’s why you must consider seeking an immigration attorney’s help. Extensive Knowledge Of Changing Laws Immigration rules aren’t set in stone. They evolve, reflecting the changing dynamics of the country’s political and socio-economic landscape. While you might be engrossed in planning your future, keeping up with these shifts can be challenging. An immigration attorney lives and breathes these laws. Their finger stays on the pulse, ensuring they’re always aware of new changes, helping you avoid potential pitfalls.
Efficient Documentation Management The paperwork involved in immigration can be extensive and, at times, perplexing. There’s a lot to manage, whether sourcing an official birth certificate or meticulously filling out the visa application. An attorney eases this burden. They organize, compile, and review all necessary documents, ensuring each detail aligns with requirements. Effective Representation In Complex Cases Every immigration story isn’t straightforward. Some involve heart-wrenching backgrounds like abuse or neglect. In scenarios that require presenting evidence before entities like a juvenile court, an attorney’s help becomes critical. They stand by your side, presenting your case in the best light and advocating for your rights. Their experience can tilt the scales, transforming potential rejections into approvals. Your Pathway To A Green Card Awaits Understanding the immigration process is the first step toward life in the United States. Whether with armed forces, seeking refuge, or family reunification, a dedicated path exists. Seek guidance, stay informed, and hold onto the American dream. There is plenty that the country can offer. With the proper assistance, you can efficiently protect your stay in the United States. If you ever find yourself lost or unsure about the process, Lozano Law Firm is just a call away. Their team of experienced Green Card lawyers is ready to guide, advise, and assist you through every twist and turn. Trust in their assistance to bring you one step closer to realizing your American dream.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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Nonimmigrant Visa Attorney for Trafficking & Crime Victims
2/1/24
Vulnerable groups, such as victims of human trafficking and other crimes, need protection to stay in the United States. With the help of a nonimmigrant visa attorney, they can get a T or U visa. Possession of these visas also allows them to apply for a permanent resident card. Here, you can delve into Green Cards tailored for T and U visa holders, discuss their benefits, and how law enforcement plays a pivotal role in supporting these survivors. The journey might seem layered and complex, but with the proper knowledge, it becomes more accessible and understandable.
T Visas: For Human Trafficking Victims Human trafficking is a grave offense, with its tentacles reaching worldwide. The United States designed the T visa to support victims forced, tricked, or coerced into trafficking. It aims not only to offer protection but also to bolster the efforts against modern-day slavery. For a person to qualify, they must be a trafficking victim in the country. They may have been compelled or coerced to provide labor or services. Worse, they may have had traffickers force them to perform commercial sex acts. These victims must collaborate with law enforcement in the investigation or prosecution of human trafficking unless under specific exemptions. The benefits of a T visa are vast: it provides a four-year stay, work authorization, and a potential path to becoming a permanent resident.
U Visas: For Victims Of Certain Crimes The United States government conceived the U visa to protect victims of certain crimes who have undergone substantial mental or physical harm. It covers a broad spectrum of offenses—from domestic violence and sexual assault to more uncommon crimes like hostage situations or involuntary servitude. To be eligible, victims should be physically present in the United States and help law enforcement investigate or prosecute the crime. This collaboration can be through providing information, assisting in the capture of perpetrators, or even testifying in court. U visa holders gain U.S. legal status for four years and can apply for a Green Card in three years.
Why Hiring A Nonimmigrant Visa Attorney Is Crucial For those unfamiliar with the intricacies of immigration law, tackling the T and U visa process may seem daunting. This is where a visa attorney’s services shine. When trafficking or crime victims seek a path to stay in the United States, they navigate a complex legal landscape. Small oversights can lead to delays or denials. An experienced attorney anticipates and avoids these pitfalls, streamlining the application process. Each T and U visa case is unique. Attorneys collect evidence, liaise with law enforcement, and work with clients according to their circumstances. In cases of human trafficking, trauma is profound. A seasoned attorney offers guidance, making the process less taxing for victims. They connect victims with support networks and resources. U visas, granted to qualifying crime victims, require law enforcement certification. The crucial role of an attorney becomes evident when navigating this intricate process. Immigration Lawyers At Lozano Law Firm Navigating the complexities of Green Cards for T and U visa holders becomes significantly smoother with legal guidance. Lozano Law Firm provides dedicated support to trafficking and crime victims seeking safety and stability in the United States. Their team of experienced nonimmigrant visa lawyers understands the nuances of these processes, ensuring that they take every step with precision and care. They are committed to helping victims overcome legal challenges, secure their rights, and build a better future in the United States.
Lozano Law Firm 5718 University Heights Blvd #104, San Antonio, TX 78249 ph6 ws6
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