Humanitarian Reinstatement Of I-130 Petitions

Question: My mother who is a lawful permanent resident of the U.S, petitioned both my brother and sister who are living in the Philippines eight years ago. We received a notice recently from the National Visa Center stating that we have to pay the Affidavit of Support, (AOS) fees which are something like $800. I was ready to pay this amount when suddenly my mother died. I was told that this may affect the petitions of my siblings. Is this true?

What can I do? Should I pay the $800 to the NVC? What happens to the petitions now that my mother died? Can I be substituted as a sponsor for them instead? One Attorney in Los Angeles said that he can fix this case but he wants $20,000. What should I do?

Answer: Though we always think that once a petition has been filed for us by our relatives in the US, there are only very minor roadblocks we can expect along the way. This is the case most especially if the petition has approved and has been forwarded to the National Visa Center waiting for priority date. Nothing else should worry us and we can just go on living while the priority date becomes current. Or so we think.

Unfortunately, there are cases wherein the petitioner dies before his relatives can come to the U.S. This is often due to the fact that US immigration process has a huge backlog in most countries and that it takes years before a visa becomes available for an applicant. During this long wait, if the Petitioner dies, the petition by law is automatically invalidated and cancelled. A lot of beneficiaries of US immigration petitions, like you, are saddened and surprised that the petition for their loved ones is no longer valid once the petitioner dies. So, if the petitioner dies before the beneficiaries enter the U.S. as immigrants, the case is over.

There is NO need to pay the NVC any fees because 1) the fees will not be refunded, 2)the U.S. Embassy will no longer process the application once it learns that the Petitioner died. The Embassy will instead, send the petition back to the USCIS office that originally approved it back in the states.

In most cases, that is the end of the line. The beneficiaries, even though they waited patiently for years and years can no longer come to the U.S. You cannot step into the shoes of the petitioner and be a substitute sponsor. However, there is a way to appeal this revocation of the petition. The process is called a Request for Humanitarian Reinstatement or also called Request for Humanitarian Revalidation. Humanitarian Reinstatement was made available by immigration regulations to cover these kinds of situations. It is entirely discretionary with the USCIS and is not guaranteed, but if you can show that there are circumstances justifying the reinstatement of the petition, the USCIS can revalidate and approve the petition and the beneficiaries can come to the U.S. as if the petitioner were still alive. The USCIS usually looks at the following factors: 1) disruption of an established family unit; (2) hardship to U.S. citizen or LPR family; (3) age and health of beneficiary; (4) length of beneficiarys residence if any in the United States; (5) whether beneficiary has a foreign residence (if in the U.S.) to which he can return; (6) undue delay by USCIS or the embassy in processing the petition or visa; and (7) extent of beneficiarys family ties in the United States.

For a Humanitarian Reinstatement to be applicable, the petition must have first been approved before the death the petitioner. Secondly, the beneficiary must arrange to have a substitute sponsor who may file for the required affidavit of support. This must be someone who can establish the means to support the beneficiaries with an annual income amount equal to at least 125 percent of the Federal Poverty line.

The qualified substitute sponsor must be a close relative such as the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild of a sponsored alien or a legal guardian of the sponsored alien. Friends and distant relatives cannot qualify.

As far as paying an attorney $20,000 for submitting a request for reinstatement, I would question any lawyer who charges such exorbitant fees. Would you pay $1000 for a $1 lottery ticket without a guarantee of winning? Sure, there is a lot of work involved but there is no need to gouge or take advantage of persons who are suffering the loss of a loved one. I, for one, do not practice law that way. I would be weary of anyone who says it is a sure thing or I guarantee it. By law, reinstatement is discretionary. No one, can say if a request will be approved and it is unethical to claim it is a sure thing. Stay away from such boastful claims. You will be $20,000 richer and a lot happier.

Us Immigration And Business Law E2 Visas And Company Incorporation

This article will attempt to provide some brief insight into the E2 visa process and how it interacts with the process of incorporating an LLC in the United States of America.

The E2 visa is an employment based visa that provides the bearer with the opportunity to live and work in the United States in order to oversee and administer an investment in a trade or business enterprise. Those seeking an E2 visa are well advised to research the category thoroughly before making irrevocable decisions as the E2 visa’s issuance is predicated upon statutory language as well as various executive regulations and policies. Denial of an E2 visa application could prove costly in terms of time as well as resources.

Many who consider the possibility of an E2 visa find that an American Immigration attorney can prove very helpful by providing insight into the process and assistance in filling out relevant forms and compiling supporting documentation in an effort to ensure fast and efficient processing of either the petition submitted to the United States Citizenship and Immigration Service (USCIS) or the visa application which is likely to be submitted to a United States Embassy or United States Consulate abroad. Those individuals who are already in the US and wish to change their visa status to the E-2 category will need to submit a petition to USCIS. More commonly, those living abroad wishing to travel to the US on an E2 visa should submit their visa application to a US Embassy or US Consulate abroad.

US company registration can be an important issue for people thinking about submitting an application for an E-2 visa. Unlike many jurisdictions in Asia, registration of a limited liability company in the United States is usually quite a smooth process for those who retain the services of an attorney trained in American corporate law. Those looking for information about an E-2 visa should note that the need for the visa ought to spring from a real business imperative. In short, the business incorporation should not be conducted as a pretext in an effort to simply obtain immigration benefits. The business concern that underlies the visa application should be bona fide and comport to certain rules and regulations. These rules and regulations come into play when a Consular Officer at a US Post abroad makes an adjudication based upon the merits of the E2 visa application.

The US visa process can be convoluted and cumbersome for those who do not understand U.S. Immigration law. Thus, assistance of experienced counsel is generally recommended in immigration matters especially where company registration plays a key role in the visa application process.

Immigration Lawyers – FREE Initial Personal Consultation 718-263-5999

On May 11, 2010, USCIS announced that it has redesigned the Permanent Resident Card-commonly known as the “Green Card.” The new state-of-the-art card incorporates several major new security features. The redesign was one of the latest ongoing efforts to prevent and deter immigration fraud. USCIS will now issue the new, secure format which prevents counterfeiting, and tampering, and makes it easier to quickly get accurate information.

The new format includes holographic images, laser engraved fingerprints, and high resolution micro-images which will make the card nearly impossible to reproduce. There will be a Radio Frequency Identification (RFID) capability which will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately with file data. Also, a preprinted return address will help for an easy return of a lost card to USCIS.

In addition, to comport with its nickname, the permanent resident card will actually be colored green. USCIS will replace Green Cards as people apply for renewal or replacement. So, if you have a green card with the older design-you don’t need to get a replacement card. Your green card is still valid until the expiration date printed on the card.

FRONT OF CARD PREVIOUS NEW Optical Variable Ink – X

Holographic Image X X

Embedded Radio Frequency Identification Device (RFID) – X

Optical Variable Ink – X

Laser Engraved Fingerprint – X

Unique Background Design X X

BACK OF CARD

Tamper Resistant Border – X

Optical Media Stores, All Digital Files, Including Biometrics – X

Micro-image, High Resolution

Pictures of State Flags and U.S. Presidents X X

The Law Offices of N.M. Gehi, P.C. has three convenient locations in Queens, Long Island, New York, and provides comprehensive immigration and bankruptcy services to clients. Immigration Lawyers at Law Firm are experienced in dealing with complicated immigration cases, including H-1Bs, Labor Certifications, I-140s, I-485s, deportation proceedings, and family-based petitions…etc. Contact law firm @ 718-263-5999 for a free initial personal consultation.

Immigration Tips On How To Have A Successful Marriage Interview

Often there is a misconception that once you marry a US citizen, you have will be automatically approved to be a resident in the US. But it is not an easy task, though they are being credited as husband and wife they have to undergo a rigorous interview process which has been carried out in the United States Immigration system. Here are some of the tips to succeed the marriage interview immigration process.

Tips to succeed the marriage interview immigration:

Not many know the fact that the immigration ins procedures involves a formal interview with the officials in the United States Citizenship and Immigration Services (USCIS). Very often people end up not preparing for the interview without knowing the consequences. The result being high percentage of applicant getting denied of the respective cases and leading to arresting and deporting. The tenor of each marriage interview immigration depends upon the individuals and also the USCIS officials personality. It actually is not difficult as the common perception, but can be made easier without much difficulty or grueling effort. Let us see how to avoid all unhappy things like anxiety and stress out of us to get approved of the marriage visa interview.

Documents Make sure to bring all the necessary documents that necessary to show your identity which means items like the bona fide document, letter, mementos, photos, bank account statements, tax returns, property deeds and any other documents to prove that your marriage is a true marriage.
Time It is always advisable to be at least 45 minutes ahead of the interview so that there is enough time to relax and be well prepared for the same.
Dress code The first impression is the best impression. Hence it very important to come in formally dressed for the interview.
Well Organized Most important of all you should listen and respond properly. Within the allotted time you should be able to answer to the point ,be specific and not not talk too much
No guesses During the interview process, do not try to make guesses. For example, do not try to give different answers to the official by guessing. Prepare yourself well and then answer. Because there are chances that different answers are given to the same question when posed to each of the partners.
NO memorizing There is no need to memorize any kind of answers during the interview process. Its just that you have to remember the few dates and you will be allowed to look at your form I 485
History of your relationship During the interview you will be posed questions as to when you met each other, first date together, etc. Understand that you are not answering to a police man, its just a mere talking to an official and its better to disclose all the truthful answers portraying your relationship from engagement to marriage.

The marriage interview immigration is a simple and easy event, but can become complicated and a painful event if the proper procedures are not followed where both partners are involved. The marriage interview usually takes place about six to twelve months after the application. A proper homework will be best to get approved of the interview. As a couple its just a challenge so face it and enjoy life to the fullest.

How to Get Immigration Forms

The starting stage of any application to the USCIS entails that you fill a form and send it back to them in some regard. Now, these forms are available at a variety of places. This article tells you the possible avenues where you can get hold of such a form and the pros and cons of each.

USCIS website: The first and most obvious source where you can get these forms is the USCIS website. The forms are easily available if you go to the get me started tool. There will be a whole list of forms and you may have to find out the relevant form. This is very important if you do not wish to end up filing the wrong form. Once the relevant form has been located it must be downloaded on your computer and a print out must be taken.en.

Via mail: The other way you can get the form directly from the USCIS if you are not computer savvy is to call their helpline and ask for a form to be posted to you in the mail. This may take a few days and may be a more expensive way of getting hold of the form.

From websites that sell resources: There are a wide variety of websites that sell resources. Basically all USCIS documents contain a large amount of legal jargon and therefore there are resources which act as a guide for you to complete the formalities. There are books, videos and articles available which help you to clear the immigration test and even the immigration interview. These websites generally have the form as they try to make it a one shop stop for their shoppers. It is advisable to learn more and more about the procedures involved to make sure that the application is up to date according to the latest rules and regulations.

From an US immigration attorney’s office: An immigration attorney’s office generally has a specialized staff for filing these documents. They may charge a minor fee but at the same time you can be rest assured that your documents are filed by experts who are specialized in this regard.

To sum it up, filing an immigration form may sound easy but it isn’t very easy especially when it is in the context of an immigration form. This is because there are simply too many forms and there is also simply too much jargon being thrown around for an average person to understand. Hence it may be said that

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