Law Offices of Jan Joseph Bejar, A P.L.C.Law Offices of Jan Joseph Bejar, A P.L.C.2024-03-15T19:18:06Zhttps://www.immigrationlawclinic.com/feed/atom/WordPress/wp-content/uploads/sites/1403979/2023/05/cropped-favicon-jjb512-32x32.jpgOn Behalf of Law Offices of Jan Joseph Bejar, A P.L.C.https://www.immigrationlawclinic.com/?p=506372024-03-15T19:18:06Z2024-03-15T19:18:06ZSince the United States became a nation, there have been misconceptions about immigrants and immigration laws. And there is a lot of misinformation regarding the people that come to the U.S. from other countries.
Here are five common myths about immigration law.
Myth 1: Marrying a U.S. citizen automatically grants citizenship
While marrying a U.S. citizen can provide a pathway to citizenship, it’s not automatically granted. Instead, the immigrant spouse is eligible to apply for a green card. While it is a step towards citizenship, the process involves extensive paperwork and interviews and takes several years to complete.
Myth 2: It’s easy to immigrate to the United States
There is a notion that immigrants can “get in line” for legal status. This implies a straightforward process, but in fact, that doesn’t exist. The U.S. immigration system is complex, with multiple visa categories, each with its own eligibility criteria and quotas.
Myth 3: The majority of immigrants are in the U.S. illegally
Contrary to the belief that most immigrants are here illegally, over three-quarters of those who are foreign-born are in the U.S. legally.
Myth 4: Immigrants don’t pay taxes
Another misconception that upsets many people is the myth that immigrants don’t pay taxes. However, all immigrants, regardless of their legal status, pay taxes. This may include income tax, sales tax, property tax and even social security tax. The truth is that even undocumented immigrants pay tens of billions of dollars in taxes while not receiving any of the benefits given to U.S. citizens.
Myth 5: Immigrants take jobs from U.S. citizens
Immigrants do not take jobs away from U.S. citizens. Instead, they often complement the existing workforce and contribute to this country’s economic growth. Many work in sectors with labor shortages or jobs less desirable to U.S. workers. Furthermore, immigrants are more likely to start their own businesses, which, in turn, creates new jobs.It’s easy for misconceptions to arise and spread when it comes to the topic of immigration. By debunking these myths and providing factual information, we can foster a more accurate discussion about the people who come to the United States looking for a better life for themselves and their families.]]>On Behalf of Law Offices of Jan Joseph Bejar, A P.L.C.https://www.immigrationlawclinic.com/?p=506342024-03-12T23:37:04Z2024-03-12T23:37:04Zconducts a naturalization interview in which they ask questions about someone's desire to become a citizen. The interview typically also includes tests. Those hoping to become citizens usually have to pass a test in Civics and a test of their proficiency in English. What happens if an immigrant does not pass the test?
The USCIS allows a retake
The USCIS provides various study resources for aspiring immigrants. There is a list of useful vocabulary words for people to study. They can also review all 100 potential questions that the USCIS may ask during the Civics test.
Those resources may help someone improve their English language skills, learn the right vocabulary words and deepen their understanding of United States Civics. During the test, immigrants must demonstrate the ability to read and write in English, as well as their ability to speak and comprehend spoken English. They also have to answer at least six Civics questions correctly. The test could include up to 10 questions from the list.
Despite having access to study resources, some immigrants may still fail one or both tests. Thankfully, the USCIS offers immigrants the opportunity to retake the test. Someone who failed their initial test can take it a second time, typically somewhere between 60 and 90 days after their first test. If someone fails twice, then they cannot move forward with the naturalization process anymore.
Thankfully, naturalization is not a one-time opportunity. Those hoping to become United States citizens can reapply as many times as they need to when seeking their citizenship. Failing the test does not prevent someone from applying again or lead to their removal from the country.
At the end of the day, learning about the unique rules that apply during the naturalization process, and seeking legal guidance whenever necessary, can help people better navigate the process of becoming citizens.]]>On Behalf of Law Offices of Jan Joseph Bejar, A P.L.C.https://www.immigrationlawclinic.com/?p=506282024-03-01T16:57:04Z2024-03-01T16:57:04ZThere are several steps to go through when attempting to reside lawfully in the U.S. The reasons for immigration can vary, and it’s important that applicants take the appropriate steps in their circumstances.
One of the most common reasons for rejected applications is errors in the paperwork. A simple mistake on a form can set your claim back several months and even jeopardize it all together. Here are some paperwork mistakes that you’ll want to be aware of:
Improper translations
Most paperwork and supporting evidence submitted to the U.S. Citizenship and Immigration Services must be submitted with an English translation. This means that birth certificates, marriage certificates and any other documentation relevant to the application should be translated appropriately. An applicant may feel like they can translate the documents on their own, or with the assistance of a family member. However, it only takes one language mistake to put an application in jeopardy.
Missing deadlines
There may be several deadlines throughout an immigration application, and it is vital that these are met. There are also deadlines for individuals who are renewing green cards, permits or visas. For instance, the process of renewing a green card should be initiated six months prior to its expiration.
Improper payments
Most immigration forms require the payment of a filing fee. This should be paid to the Department of Homeland Security. It’s crucial that the fee paid is the exact requested amount. Underpayment or failure to pay means that the application will not be considered. The best way to ensure that your immigration application goes smoothly is to have experienced legal guidance behind you. ]]>On Behalf of Law Offices of Jan Joseph Bejar, A P.L.C.https://www.immigrationlawclinic.com/?p=506242024-02-15T18:09:05Z2024-02-15T18:09:04ZIf you’re trying to become a U.S. citizen, you need to learn certain facts about how the government works or you need to have an understanding of the basic history of the U.S. There’s a test that you’ll need to take, and you can prepare in advance and study for the questions that you anticipate. With enough work, anyone can pass the citizenship test.But what if you’re trying to get a green card? This doesn’t make you a citizen, but gives you permanent residence status for the next 10 years, when the green card has to be renewed. One way to get a green card is through marriage, if your new spouse is a citizen. But you may have to go through a green card marriage interview if you decide to take this route. Can you study for it and prepare in advance?
Questions about your life
This is not the type of test that you can study for, although it may be worth talking to your spouse about the types of questions you anticipate.But the truth is that the interviewer is trying to gauge the legitimacy of your relationship itself. So they’re just going to ask you things that you should automatically know, whether or not you studied, and they will expect both you and your spouse to give similar answers.For instance, the interviewer may ask you where you met, where you went on a first date or where you got married. They could ask you about your relationships with extended family members or your plans for the future. They may just ask you about your daily habits around the house.This is a very important interview because it can prove that you are not defrauding the system to get a green card. If you’re working your way through this process, take the time to carefully look into all of your legal options.]]>On Behalf of Law Offices of Jan Joseph Bejar, A P.L.C.https://www.immigrationlawclinic.com/?p=506222024-02-05T12:58:47Z2024-02-05T12:58:47ZOther eligibility requirements
Beyond being physically and legally present in the United States, you must also qualify for permanent resident status or a Green Card when applying for an adjustment of status. This often involves having a qualifying family relationship or an employment opportunity, depending on the Green Card category that fits your situation. It’s also worth noting that annual numerical limitations exist in some Green Card categories, which could affect your eligibility.
You must also be admissible to the United States when applying for an adjustment of status. Some grounds for inadmissibility include criminal convictions, health issues, fraud or previous immigration violations, among others.
Other eligibility criteria may apply when seeking an adjustment of status. It all comes down to the particulars of your petition. As such, it is prudent to seek legal assistance before getting started. An informed assessment of your eligibility and qualified guidance through the required documentation can help you prepare for the process, ensuring you have a better chance of success in obtaining permanent resident status without having to travel back to your home country.]]>On Behalf of Law Offices of Jan Joseph Bejar, A P.L.C.https://www.immigrationlawclinic.com/?p=506202024-01-20T01:31:52Z2024-01-20T01:31:52Zstudents to remain and work, depending on their circumstances and aspirations.
Optional Practical Training (OPT)
One of the most common ways for international students to stay in the U.S. after graduation is through Optional Practical Training (OPT). OPT permits students on F-1 visas to work in their field of study for up to 12 months after graduation. For those in STEM (Science, Technology, Engineering and Mathematics) fields, this period can be extended for an additional 24 months, known as STEM OPT extension.
H-1B Visa
The H-1B visa is another avenue for international graduates seeking to work in the U.S. This visa allows U.S. employers to temporarily employ foreign workers in specialty occupations. The application process for an H-1B visa is competitive and subject to annual caps, but graduates with U.S. degrees often have a better chance of being selected.
Employer sponsorship for permanent residency
Some international students may seek permanent residency in the U.S. This often involves finding an employer willing to sponsor them for a green card. The process can be lengthy and complex, requiring the employer to prove that no qualified U.S. workers are available for the job.
Other visa categories
Other visa categories might apply depending on individual circumstances, such as the O-1 visa for individuals with extraordinary ability or achievement and the J-1 visa for work-study-based exchange visitor programs.
While the process can be challenging and competitive, several options are available for international students wishing to stay in the U.S. after graduation. It's crucial to plan and be aware of application deadlines and requirements to increase the chances of successfully extending their stay in the United States.]]>On Behalf of Law Offices of Jan Joseph Bejar, A P.L.C.https://www.immigrationlawclinic.com/?p=506182024-01-11T14:09:56Z2024-01-11T14:09:56ZPaths for nurses to attain permanent residency
The Employment-Based Third Preference (EB-3) visa category is a popular choice for foreign nurses. EB-3 is for skilled workers and professionals.
Family-sponsored immigration is another avenue for nurses to obtain permanent residency. U.S. citizens or permanent residents can file petitions for their eligible family members, including spouses, children and siblings. However, this process involves waiting periods, and the availability of visas may impact an applicant’s timeline more than an employment visa would.
Key requirements for permanent residency
Foreign nurses must confirm that their educational and professional credentials align with the standards set by U.S. regulatory bodies. This may involve undergoing credential evaluation programs to verify the equivalency of their qualifications.
Securing a license to practice nursing in the United States is also paramount. Nurses must excel in the National Council Licensure Examination (NCLEX) and meet state-specific requirements in California. Additionally, obtaining certification in specialized areas enhances professional credentials.
Proficiency in English is another critical factor for nurses seeking permanent residency. Most regulatory bodies and employers require foreign nurses to demonstrate their English language proficiency through standardized tests such as the Test of English as a Foreign Language (TOEFL).
The application process
For nurses pursuing employment-based immigration, the labor certification process is a crucial step. This involves the employer demonstrating the need for the foreign nurse’s skills and the unavailability of qualified U.S. workers for the position.
Upon approval of the labor certification, the employer files Form I-140 on the nurse’s behalf. Once approved, the nurse can apply for adjustment of status using Form I-485. This can pave the way for permanent residency.
Navigating permanent residency requires meticulous planning, adherence to regulations and an understanding of the immigration process. As such, seeking personalized legal guidance is generally wise before working through the various steps involved.]]>On Behalf of Law Offices of Jan Joseph Bejar, A P.L.C.https://www.immigrationlawclinic.com/?p=506162024-01-03T02:56:49Z2024-01-03T02:56:49ZOne of the many advantages of becoming a naturalized U.S. citizen or even a legal permanent resident with a green card is that you can typically bring your children (whether they’re minors or adults) to the U.S. on a family-based visa. But what if there’s no documentation to prove that they’re your child?
This issue is more common, of course, for fathers than for mothers. There are a number of cases where this can happen. Maybe you and the mother were never married and you aren’t listed on your child’s birth certificate. Perhaps the mother believed that someone else was the father or it was just easier to name someone else as the father. They might be in a country where the infrastructure has been largely decimated or have already left their home country and are living somewhere else. Whatever the situation, if you’ve had little or no relationship with your child or just have no documentation showing your parentage, that doesn’t mean you can’t choose to give them a better life by helping them immigrate to the U.S. They and/or their other parent or guardian would need to want that as well.
What are your options?
First, determine what kind of documentation (if any) there is to provide evidence of your relationship. Even if there aren’t official documents, do you have letters, emails, evidence of payments or even photos of you with your child? That may be enough for the U.S. Citizenship and Immigration Services (USCIS).If it’s not, you can ask the USCIS to let you both take a DNA test. The testing needs to be done at approved, accredited locations in the U.S. and the country your child is in. While it’s a very simple, painless test (generally just a swab of the inside of the mouth), it’s not inexpensive. It also takes some time to process. Acceptable results for parent/child biological relationships are generally a 99.5% certainty.Note that you may also be able to use DNA testing to prove other close family relationships. For example, if you wanted to bring a parent or sibling to the U.S. but have no documentation of the relationship, those biological relationships can be proven through DNA.Whatever your unique situation is, the best first step is to get experienced legal guidance. This can help you navigate the process as smoothly as possible and avoid unnecessary missteps and delays in bringing a close family member to the U.S.]]>On Behalf of Law Offices of Jan Joseph Bejar, A P.L.C.https://www.immigrationlawclinic.com/?p=506122023-12-21T17:44:32Z2023-12-21T17:44:32Zobtaining a green card. This grants lawful permanent residency. Both pathways offer distinct routes to green cards.
Note that the information explored below is subject to change as U.S. law evolves. This is only one of a handful of important reasons why seeking legal guidance before commencing an immigration journey is generally wise.
Family-based immigration
U.S. citizens and lawful permanent residents (LPRs) can sponsor certain family members for immigration. For U.S. citizens, this includes spouses, parents (if the sponsor is over 21), unmarried children under 21 and siblings. LPRs can sponsor spouses and unmarried children.
The process typically involves filing a petition, proving the legitimacy of the relationship, and the sponsor demonstrating the ability to financially support the family member. Once the petition is approved, and a visa becomes available, the family member can apply for a green card.
Employment-based immigration
The U.S. also offers various employment-based categories for obtaining a green card. These are typically categorized into five preference categories, ranging from EB-1 (priority workers, such as those with extraordinary abilities, outstanding professors, and researchers, and multinational managers) to EB-5 (investors). Applicants usually need a job offer from a U.S. employer that will sponsor them. The employer often needs to obtain a labor certification, proving that there are no qualified U.S. workers available for the position. After the labor certification and visa petition are approved, the applicant can apply for a green card.
For both family and employment-based immigration, the final step to getting a green card can occur in two ways. If the individual is already in the U.S., they may be eligible for an adjustment of status – a process of converting their temporary status to permanent residency. If outside the U.S., they must go through consular processing in their home country.
The process of securing a green card involves several steps, including sponsorship, proving eligibility and potentially long waiting periods. However, successfully navigating this process leads to lawful permanent residency, opening the door to new opportunities and the eventual possibility of U.S. citizenship.]]>On Behalf of Law Offices of Jan Joseph Bejar, A P.L.C.https://www.immigrationlawclinic.com/?p=506102023-12-07T10:45:13Z2023-12-07T10:45:13ZWhat is an extraordinary ability?
When embarking on the journey of employment-based immigration for persons with extraordinary ability, it's crucial to understand what distinguishes these individuals from the rest. Extraordinary ability is not merely a subjective term; it's a legal classification that necessitates a high skill level, sustained acclaim and a proven track record in a particular field. This distinction extends to individuals who have risen to the top of their respective fields, showcasing a skill level and recognition that places them among the elite.
For individuals with extraordinary ability, the O-1 visa is often the gateway to the United States. This visa category is specifically designed for those who have demonstrated extraordinary achievement in fields such as:
Science
Arts
Education
Business
Athletics
Successfully obtaining an O-1 visa can open doors to unique professional opportunities in the U.S., allowing individuals to contribute their exceptional talents to the country's diverse landscape.
Key documentation requirements
To embark on the O-1 visa journey, assembling a robust portfolio of evidence is paramount. This documentation should vividly illustrate the individual's extraordinary abilities, including but not limited to:
Evidence of achievement: Collating awards, honors and recognitions that highlight the individual's exceptional contributions.
Expert testimonials: Securing letters of recommendation from industry peers or authorities attesting to the individual's extraordinary abilities.
Media recognition: Showcasing media coverage, interviews or features that spotlight the individual's achievements and impact in their field.
Employment-based immigration for persons with extraordinary abilities is a transformative journey that opens doors to unparalleled opportunities. By understanding the nuances of this process, individuals can chart a course toward U.S. immigration success.]]>