Ep. 72 New NIW EB2 Green Card Standard (Matter of Dhanasar)

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The Administrative Appeals Office (“AAO”) released to the public a new adopted legal decision (Matter of Dhanasar) for I-140 EB-2 National Interest Waiver (NIW) petitions. The new decision effectively replaces the previous NYSDOT three-prong test that had been adopted by the AAO for adjudicating NIW cases.

Ep. 68 What are the Reasons for Green Card Denials?

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Applying for green card can be family-base or employment-based Reasons for the denial can be health-related, criminal-related, security-related, public charge, immigration crimes, not able to meet requirements, and not showing up to immigration appointments. Raw Transcript: Jacob: Hello everybody. Well, welcome to another episode of Ask an Immigration Lawyer. You ask, we answer, simple. Today, Read More

Ep. 55 Are You Eligible for Green Card Through EB-5 Immigration Process?

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It is issued to those who have the ability, and resources, to invest a minimum of $1 million. It doesn’t matter where you get the money from, as long as you have proof of where it came from. It can go to as low as $500,000 through specific requirements. It can also be more than Read More

Ep. 52 Would Petty Theft Affect Adjustment of Status for Green Card?

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Be truthful and disclose any crime on the application. Failure to do so could be a problem. Most cases in most jurisdictions it will not be a problem as long as it’s fully disclosed. If it’s one offence, and as long as all the fines and rehabilitation programs has been completed, there is actually an Read More

Ep. 50 How to Apply for Green Card from Student Visa?

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F visa holder must know that when you apply for a green card you may lose the chance of renewing your F1. The length of a green card process can take two or more years. This process will not allow you a right to stay in the US. Until you can get to the adjustment Read More

Ep. 44 Can Same Sex Couples file for Immigration benefits?

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It is possible in the state that allows same sex couples to marry. Same sex couples can marry and proceed with immigration benefits. Even if you don’t live in the states that allows same sex couples to marry, as long as you married there, you can proceed with your federal benefits Raw Transcripts: Jacob: Hello Read More

Ep. 31 What are the Best Ways to Get a Green Card to Live & Work in the US?

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Five most common ways of getting a green card Family sponsorship. If it’s not an immediate relative you must wait in line with what is called as the priority date Green card lottery. If you win it, it’s free. Sponsorship by an employer Investing in the EB-5 program For asylum or refugees Raw Transcript: Introduction: Read More

Ep. 28 What is the marriage based green card process for persons already in the U.S. and entered legally?

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This process is only for somebody who entered the US legally It is important that both parties are free to marry. A divorce proceedings pending in the foreign country is going to be a problem. Immigration service might not recognize the marriage After the marriage takes place a number of paperwork will be filed along Read More

Ep. 27 Married to a U.S. citizen but entered illegally. Can I still obtain a green card?

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The big difference between coming to the US illegally and entering legally but overstayed your visa The process you need to follow when you enter the US without inspection after April 2001; before this date section 245-I can be used to adjust status in US In 2013 a new waiver was introduced to allow to Read More

Ep. 26 I stayed overseas for three and a half years after my green card expired. Can I renew my green card and try to use the card to enter the US?

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If you leave the US more than a year without getting, for example, a reentry permit you may lose your green card Two issues: not possible to renew it overseas and it could mean you abandoned your residency Three years is considered a long time; card now is deemed abandoned. Best thing to do is Read More