New York based international law firm with a practice focused in the complex areas of United States Immigration Law, and Commercial and Civil Litigation.
EB-5 INVESTOR’S GREEN CARD
The U.S. Immigrant Investor Program was created by Congress in 1990 to attract immigrant investors to the United States to invest capital, create jobs and stimulate the economy. This category is also referred to as the fifth employment based preference ("EB-5"). 10,000 visas per year are available under this category for immigrants seeking to enter the United States for the purpose of investing at least US$1 million (or in some cases $500,000 in a targeted employment area) in a new commercial enterprise which will benefit the U.S. economy and create at least 10 full-time jobs for U.S. citizens, lawful permanent residents or other employment-authorized aliens. There are other provisions including that the investment must be maintained, that the investment creates regional productivity, and various others. However, the main requirement is the creation of ten American jobs. Take advantage of this opportunity, schedule a consultation for a eligibility evaluation or to discuss your particular needs, please contact us online at [email protected] or call us at 1-718-361-93111 or 5167592555, we speak Chinese, Spanish,Russian and polish.
Ramirez v. Brown – TPS Grant Constitutes Admission, 9th Circuit Holds
Edited By: CMA LAW GROUP IMMIGRATION ATTORNEYS
Disclaimer: The ruling and all information below is currently only applicable to the 9th Federal Circuit which encompasses the states of: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington, and US territories of Guam and Northern Mariana Islands. It is not applicable to the state of New York unless USCIS accepts the 9th Circuit ruling into its regulations, or the case is appealed to the US Supreme Court which then affirms 9th Circuit’s ruling, or a similar lawsuit is brought in the 2nd Circuit which rules the same or similarly as 9th Circuit did.
On March 31st, 2017 the United States Court of Appeals for the Ninth Circuit held that an alien granted Temporary Protected Status has by the virtue of it - been lawfully inspected and admitted into the United States as if they originally entered on a visa.
This opens two possibilities for people who have TPS:
Adjustment as an immediate relative
Since a grant of Temporary Protected Status constitutes admission it allows Immediate Relatives of US citizen(s), Spouses, Parents (of US citizen over 21), Children under 21, as well as Widows and Widowers of US citizens who passed away less than 2 years ago, to adjust status even if they originally entered US illegally, without the need to utilize Advance Parole, or undergo the I-601A waiver process. This holds true for anyone who ever had TPS, even if the designation and the status itself expired years ago.
Employment sponsorship adjustment under 245(k)
Second possibility is that grant of TPS opens up an adjustment pathway via employment sponsorship under section 245(k). 245(k) is a special clemency provision which permits a person who had previously violated their status (or lost it) to adjust status via employment sponsorship as long as they have not violated it for more than 180 days since the last admission into US.
Since grant of TPS constitutes lawful admission, it resets the 180 day clock for purposes of section 245(k), meaning that any unlawful status or working unlawfully prior to obtaining TPS are forgiven for cases of employment sponsorship. A TPS holder can adjust via sponsorship under any of the following pursuant to 245(k):
First Preference: Alien of Extraordinary Ability: Foreign Researcher, Artist, or Multinational Manager or Executive
Second Preference: Alien Possessing a Master’s Degree (or Higher) or Bachelor’s Degree and 5 years of Experience
Third Preference: Alien Possessing a Bachelor’s Degree, Alien Possessing 2 years of Experience, or “Other worker” which has no experience or education requirements.
Fourth Preference: Foreign Minister/Religious Worker
245(k) does not apply to the following:
Any family petition
Special Immigrant Petitions except petitions for a foreign religious worker
Fifth Preference Investor petitions
Diversity Visa “Green Card Lottery” winners
TPS holders who are not sponsored as immediate relatives of US citizens, and not eligible for 245(k) clemency, will still need to go through the I-601A waiver process.
We are, CMA Law Group PLLC., Immigration Attorneys with over 20 years of experience serving the Hispanic community. A team of professionals who speak your language. Always hoping to help our community we decided to maintain an update on all the new provisions that may happen during this period if immigration reform. At CMA Law Group we will assess your situation and determine whether you are eligible or which are your possible options. To schedule a free 20 minute consultation, call us at (516) 759-2555 or contact us online at [email protected].
There are 247 immigration judges in 58 courts nationwide, and more than half of them, 130, are eligible to retire this fiscal year, which ends Sept. 30. Many judges complain that their working conditions are unacceptable - citing their overbearing caseload.
On average, judges in other areas of practice handle about 500 cases a year. Immigration judges typically handle more than 1,400, and some more than 3,000 a year. This heavy load does not allow judges to give each case the attention it deserves, and with immigration law growing more and more complex each year, judges are facing a backlog of cases which means greater waiting times for people seeking a decision.
It is frustrating for those individuals who are eligible for citizenship. They are stuck in a legal limbo where they might not know if they are staying, or being deported.
Immigration judges suffer burnout rates higher than prison wardens and doctors, according to a 2007 survey of the National Assn. of Immigration Judges by psychiatrists at UC San Francisco. Judges said they had little time to think, let alone research complex cases.
There are some judges out there who are well qualified and that can fill the vacant positions. Hopefully it takes the system a step closer to improvement.
For all your immigration news updates, please subscribe to our blog at cmalawgroup.com/news/
An important read on the positive impact that foreign born people can leave on business.
Finding and retaining top candidates for jobs has become increasingly more difficult, and highly skilled immigrants are incredibly valuable to companies where there is a need for these skilled individuals.
There is also ample evidence to show that skilled and educated immigrants are creating jobs, not taking them away from domestic workers.An often-cited statistic from a study by the Bay Area Council Economic Institute found that every job created in the high-tech sector nets four more jobs spread out over the local economy. Critically, by reducing the number of high-skill visas, we don’t save jobs — we reduce them.
If you fall under the category of an H-1B Visa (skilled/specialty worker), please contact us at CMA Law Group, so that we may set up a consultation.
#immigration #CMAlawgroup #H1B
recode.net When you look at the founding teams of Google, Paypal, Yahoo, Tesla and Facebook, you see one thing in common: At least one immigrant.
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Davidson Law Group has over 20 years of experience and focuses primarily on all aspects of immigration and nationality law, as well as commercial and residential real estate. We represent individuals, as well as major multinational corporations.