Wednesday, June 28, 2017

How to Get a Green Card ?

Perhaps you’ve been thinking up your American Dream for years, or maybe you’ve only recently learned about the myriad opportunities that the green card can possibly provide for you. Obtaining a green card is a complex process that involves much foresight, proper planning, and above all, patience. This post will address the major different ways* in which you can apply for the green card and attain lawful permanent residency in the United States.

Obtaining a green card through family

One of the most common ways to get a green card is through the sponsorship of a family member who is either  a US citizen or a green card holder himself/herself.
  • Only the following family members are permitted to apply for a green card with the sponsorship of a US citizen:
    • legal spouses
    • unmarried children under the age of 21
    • parents of citizen petitioners over the age of 21
  • Family members of US citizens who fit within the following categories are also permitted to apply for the green card:
    • unmarried children 21 or older
    • married children of any age
    • immediate siblings 21 or older
  • Only the following family members are permitted to apply for a green card with the sponsorship of a green card holder:
    • legal spouses
    • unmarried children
  • Individuals within the following special categories are also permitted to apply to the green card:
    • victims of domestic abuse (children, spouses, parents) who have an immediate family member who is a US citizen/green card holder
    • widow(er)s of US citizens
    • fiancĂ©(e)s and minor children of US citizens/green card holders – known as K Nonimmigrants
    • spouses or children of lawful permanent residents – known as V Nonimmigrants
    • children of foreign diplomats in the US

Obtaining a green card through a job

Green card applicants can attempt to obtain a green card by means of their professional background and/or business dealings.
  • Job offer: An employer can petition for an employee to get a green card by obtaining a labor certification and then filing Form I-140, the Immigrant Petition for Alien Worker.
  • American investments: Foreign investors, entrepreneurs, and creators of American jobs (often with sizable assets in the United States) may apply for the green card.
  • Self-petition: Skilled and educated “Aliens of Extraordinary Ability” who can prove to considerably contribute to the American workforce are permitted to apply for the green card, without the need of a labor certification.
  • Special jobs: Those amongst the following list of professionals are permitted to apply for the green card with Form I-360, the Petition for Amerasian, Widow(er), or Special Immigrant:
    • Afghan & Iraqi translators
    • Broadcast journalists
    • Employees of international organizations
    • Iraqis who have aided the US government
    • Civilian NATO employees (past and present) and their spouses, unmarried children, and widow(er)s – known as NATO-6 nonimmigrants
    • Employees of the Panama Canal
    • Physicians (apply under the Physician National Interest Waiver)
    • Religious workers

Obtaining a green card through refugee/asylum status

  • A foreign individual admitted to the US as (a) a refugee, (b) an asylee, or (c) a qualifying family member of an individual granted asylum may apply for a green card one year after entering the US/being granted asylum.
  • Refugees are required to apply for lawful permanent residence, while asylees are not (but are still eligible to do so).

Obtaining a green card through the Diversity Visa (DV) Lottery program

  • The DV Lottery takes place only once annually, with application submission in October and the unveiling of results in May/June of the following year. Millions of hopefuls apply for the Lottery each year, with only 55,000 lucky winners.
  • The US Department of State’s online application has rigid instructions and guidelines, and the time window for input lasts just a mere 30 minutes. Many applicants are ruled out on account of improper formatting, missing information, and input oversight. In fact, up to 90% of our clients submit initially incorrect uploads that would disqualify them for eligibility.
  • The takes pride in providing its clients with a user-friendly web application, outstanding customer service, and conducting business guided by complete transparency. While we remind potential clients that they can apply for free on the Department of State site on their own, our guarantees successful participation in the Lottery via focused attention and laser-sharp precision by our experienced Immigration lawyers Experts.
  • Call us now toll free from the USA 1-800-600-2414
    or 305-912-7777

Eran Ben Ezra-Esq, Attorney at Law

Top Gun Attorney passed in the top 10% of all times, the New York bar exam to become an Attorney.
Mr. Ben Ezra specializes in all aspects of Immigration and Nationality Law, and Federal Litigation Cases. He graduated from Manchester University where he received his Bachelor of Laws. He has extensive experience in all areas of Immigration and Nationality Law.

Mr. Ben Ezra is a member of the New York Supreme Court, and the American Immigration Lawyers Association (AILA).

Mr. Ben Ezra is fluent in both English and Hebrew.

Mr. Ben Ezra handled in person over 13 years, thousands of Immigration cases, including deportation defense, Immigration court appearances, marriage interviews, asylum hearings, citizenship interviews and citizenship hearings on appeal,Waivers,Cuban Adjustments,Investors visa's, All kinds of employment visa's etc...

Bar Admissions
Member of the New York Supreme Court
Member of the Federal Bar Association
Member of the american bar association
Member of the Israeli bar

LLB Manchester University
Spanish (Basic)
Arabic (Basic)
Professional Association and Memberships
Member of the United States Court of Appeals for the Eleventh Circuit
Member of the Southern District of New York
Member of the Eastern District of New York
Honors and Awards

Member of AILA since 2004

Passed the New York Bar Exam in the top 10%
Call now 1-800-600-2414

Thursday, June 15, 2017

Ewi and vawa..someone that enter illegally to the USA can adjust status?

Ewi and VAWA(violent against women act)..someone that enter illegally to the USA can adjust status?

My friend is in an abuse relationship with her USC spouse she wants to file vawa and i 485 but she is Ewi(entrant without inspection) will this hinder her from getting her green card

Answer by attorney Eran Ben Ezra-Esq (practicing immigration law since 2004 with close to 100% success rate, handled thousand of cases personally and passed the bar Exams in the top 10%in the USA):

Having entered EWI is not a disqualifying factor for VAWA purposes. Speak with an experienced attorney - VAWA is a complicated matter. Had your friend talked to an immigration lawyer she would have already known that. We can help her. We have allot of clients that entered EWI and got their green card when filed for abused spouse petition. It is self petitioning application and the abusing spouse will never find out, that you filed it so you don't need to worry for retaliation from the USC abusing spouse. So if you went through mental or physical abuse and you entered legally or illegally to the country .You can still adjust your status and obtain your green card .So long your are not inadmissible on other grounds .Call us for more info .
Call us now :305-912-7777 or 1-800-600-2414
visit our website

Results of the Naturalization Examination

USCIS has 120 days from the date of the initial naturalization interview to issue a decision. If the decision is not issued within 120 days of the interview, an applicant may request judicial review of his or her application in district court. The officer must base his or her decision on the laws, regulations, precedent decisions, and governing policies.
The officer may:
Approve the application;
Continue the examination without making a decision (if more information is needed), if the applicant needs to be rescheduled, or for other relevant reasons; or
Deny the application.
The officer must provide the applicant with a notice of results at the end of the interview regardless of the outcome. The notice should address the outcome of the interview and the next steps involved for continued cases. [1] 

A. Approval of Naturalization Application

If an officer approves a naturalization application, the application goes through the appropriate internal procedures before the USCIS office schedules the applicant to appear at a ceremony for the administration of the Oath of Allegiance. [2] The internal procedures include a “re-verification” procedure where all approved applications are reviewed for quality. The officer who conducts the re-verification is not the same officer who conducts the interview. While the officer conducting the re-verification process does not adjudicate the application once again, the officer may raise any substantive eligibility issues.
USCIS does not schedule an applicant for the Oath of Allegiance in cases where USCIS receives or identifies potentially disqualifying information about the applicant after approval of his or her application. [3] If USCIS cannot resolve the disqualifying information and the adjudicating officer finds the applicant ineligible for naturalization, USCIS then issues a Motion to Reopen and re-adjudicates the naturalization application.

B. Continuation of Examination

1. Continuation to Request Evidence
An officer issues the applicant a written request for evidence if additional information is needed to make an accurate determination on the naturalization application. [4] In general, USCIS permits a period of 30 days for the applicant to respond to a request for evidence. [5] 
The request for evidence should include:
The specific documentation or information that the officer is requesting;
The ways in which the applicant may respond; and
The period of time that the applicant has to reply.
The applicant must respond to the request for evidence within the timeframe specified by the officer. If the applicant timely submits the evidence as requested, the officer makes a decision on the applicant’s eligibility. If the applicant fails to submit the evidence as requested, the officer may adjudicate the application based on the available evidence. [6] 
2. Scheduling Subsequent Re-examination
If an applicant fails any portion of the naturalization test, an officer must provide the applicant a second opportunity to pass the test within 60 to 90 days after the initial examination unless the applicant is statutorily ineligible for naturalization based on other grounds. [7] An officer should also schedule a re-examination in order to resolve any issues on eligibility.
The outcome of the re-examination determines whether the officer conducting the second interview continues, approves, or denies the naturalization application. [8] 
If the applicant fails to appear for the re-examination and USCIS does not receive a timely or reasonable request to reschedule, the officer should deny the application based on the applicant’s failure to meet the educational requirements for naturalization. The officer also should include any other areas of ineligibility within the denial notice.

C. Denial of Naturalization Application

If an officer denies a naturalization application based on ineligibility or lack of prosecution, the officer must issue the applicant and his or her attorney or representative a written denial notice no later than 120 days after the initial interview on the application. [9] The written denial notice should include:
A clear and concise statement of the facts in support of the decision,
Citation of the specific eligibility requirements the applicant failed to demonstrate, and
Information on how the applicant may request a hearing on the denial. [10] 
The table below provides certain general grounds for denial of the naturalization application. An officer should review the pertinent parts of this volume that correspond to each ground for denial and its related eligibility requirement for further guidance.

Thursday, June 1, 2017

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