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Call Us Now At: (347) 426-8803; (718) 799-0157 (Office); (201) 655-1148 (Office)
We Offer Free Initial Consultation for All New/Prospective Clients on Immigration Matters, Landlord-Tenant, Divorce Cases.
We Also Offer Flat Fees Retainers and Part/Insatllment Payments Towards Approval of Your Immigration Matters/Cases.
We Provide These Criminal Defense Legal Works and Services with New Jersey Superior Courts; Federal U.S. District Courts; and U.S. Courts of Appeals. Law Offices of Jimmy Johnson PLLC is a Private Criminal Defenses Attorney Who Provide High Quality and Result-Oriented Legal Services on Criminal Law/Justice Law Issues, Including, Murder, Robbery, Rape, Kidnapping, Burglary, Carjacking, Thefts, Larceny, and Other Criminal Offenses as well as General Practice Law Offenses, Including Legal Representations on Divorce-Domestic Violence, Land-Tenant, or Personal Injuries-Negligence Issues.
We Also Provide These Immigration Services with the Department of Homeland Security (DHS) Government Agencies and U.S. Immigration Courts: Legal Representation to Individuals and Corparate Entities on Family-Based GreenCard Immigration Issues, Asylum & Refugees, Deportation, or Business-Based GreenCard Immigration Matters.
New York State Law Office Address (Admitted in New York State-NYS & Practice State and Federal Laws in NYS): 149-45 Northen Blvd, #1N, Flushing, NY 11354, USA.
Phone: (347) 426-8803. Email: jjohnson@jimmyjohnson-law.com. Website: http://www.jimmyjohnson-law.com
New Jersey State Law Office Address (Admitted in New Jersey State-NJS & Practice State and Federal Laws in NJS): 1 Gateway Center, Suite 2600, Newark, NJ 07102, USA. Phone: (347) 426-8803. Email: jjohnson@jimmyjohnson-law.com, Or jhjimmy4@yahoo.com. Website: http://www.jimmyjohnson-law.com
Pennsylvania State Law Office (Admitted in Pennsylvania State-PAS & Practice State and Federal Laws in PAS): 1650 Market Street, Suite 3600, Philadelphia, PA 19103, USA. Phone: (347) 426-8803. Email: jjohnson@jimmyjohnson-law.com, Or jhjimmy4@yahoo.com. Website: http://www.jimmyjohnson-law.com
District of Columbia Law Office Address (Admitted in District of Columbia-DC & Practice State and Federal Laws in DC): 601 Pennsylvania Avenue, Suite 900, Washington, DC 20004 USA. Phone: (347) 426-8803. Email: jjohnson@jimmyjohnson-law.com, Or jhjimmy4@yahoo.com. Website: http://www.jimmyjohnson.law.com
Michigan State Law Office Address (Admitted in Michigan State-MIS & Practice State and Federal Laws in MIS): 2110 Park Avenue, Suite 200-600, Detroit, MI 48201, USA. Phone: (347) 426-8803. Email: jjohnson@jimmyjohnson-law.com, Or jhjimmy4@yahoo.com. Website: http://www.jimmyjohnson.law.com
Law Offices of Jimmy Johnson PLLC
New York State Law Office Address:
149-45 Northern Blvd., #1N
Flushing, NY 11354
United States
ph: (347) 426-8803 (Cell)
alt: (718) 799-0157 (Office)
jjohnson
Can Your Law Offices Represent Me and My Immigration Case in Anywhere Outside New York State And New Jersey State?
Short Answer Is Yes. Although our law office is located in New York State, New Jersey State, Michigan State, and Pennsylvania State, but we would represent all immigration clients in all the 50 states of the United States since our U.S. Immigration practice is based on a federal immigration laws.
Also, we will represent all those with Private or Public Criminal Law & Justice Issues; Family Law Matters (Divorce, Domestic Violence); Landlord & Tenant Issues; Contracts Disputes; Personal Injury Cases; Estate & Trust Matters (Wills, Probate, Guardianships); and Civil Rights Matters in New Jersey State, Michigan State, Pennsylvania State, except in New York State (Not Yet Admitted in New York State; Practicing Federal Law Only).
Therefore, by choosing our law firm--Law Offices of Jimmy Johnson PLLC, we promise to treat your case with enthusiasm and perseverance. In fact, your satisfaction is our greatest pleasure. Indeed, we promise that you will enjoy our comprehensive legal services in a fast and efficient manner. Generally, our service fees are very competitive and parts of these fees are contingent upon the approval of your case. Others are based on flat fee retainer.
What Is DACA? How Does It Affect You as a Childhood Arrival in the US?
DACA means Deferred Action for Childhood Arrivals. On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for their deportation or removal from the United States for a period of two years, subject to renewal. These individuals are also eligible to apply for and receive work authorization from the United States Citizenship and Immigration Services (USCIS). While DACA is a use of prosecutorial discretion to defer removal action against an individual child arrival in the U.S. for a certain period of time, but it does not provide lawful status to them.
What Is the Guideline for Requesting DACA in the U.S?
You May Request DACA If You:
What Is the Filing Process for DACA?
If you meet the guidelines for DACA, you will need to complete the following steps to make your request to USCIS.
(1) Collect the Following Documents As Evidence that You Meet the Guidelines: You will need to submit legible copies of your supporting documents with your request for DACA, unless you are specifically instructed to submit an original document. These legible copies of your documents include
(a) Proof of Identity:
(b) Proof You Came to the U.S. Before Your 16th Birthday:
(c) Proof of Your Immigration Status in the U.S.:
(d) Proof of Your Presence in the U.S. on June 15, 2012:
(e) Proof of Your Continuous Residence in the U.S. SinceJune 15, 2007:
(f) Proof of Your Student Status as of the Time of Requesting DACA:
(g) Proof of Your Honorably Discharged Veteran of the U.S. Armed Forces or Coast Guard:
(2) Complete the Required Two USCIS I-Forms & Worksheet Using the Most Recent Versions:
(3) Pay the Filing Fee for DACA Request I-Forms:
(4) File Your Completed USCIS I-Forms, I-821D, I-765 & I-765WS and the Fee of $465:
Remember, You Cannot E-file your DACA Request with the USCIS.
(5) Check Status of Your DACA Request After Filing:
Read More on the Expanded DACA Process Below Under the QUESTION: Is the 2014 President's Executive Action to Stop the Deportation of Illegal Or Undocumented Parents of U.S. Citizens and Legal Permanent Residents Lawful?
How Can Asylees/Refugees, Immigrant And Non-Immigrant Aliens--Family-Based Or Employment-Based Visa Petitions--Become Legal Permanent Residents (Green Card Holders) While Living In The United States?
Asylees are those aliens who have been granted Permanent Resident or Asylum status during proceedings before an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) and received proper documentation issued by the local USCIS office establishing such status (e.g., Form I-94, Nonimmigrant Arrival/Departure Record). But an Immigrant is a foreign national who has been granted the privilege to live and work permanently in the United States through approved USCIS immigrant visa petition based on Form I-140, Employment-Based Visa Petition filed by an U.S. employer or I-130, Petition for Alien Relative filed by a relative who is a U.S. citizen, or a lawful permanent resident alien or I-129F, K-1/K-2 admitted Fiance(e)/Dependent Child/ren and later K-3/K-4 Spouse/Dependent Child/ren of a U.S. citizen.
These admitted refugees with permanent resident status must file their Form I-485, Petition to Register Permanent Resident or Adjust of Status (AOS) with the appropriate USCIS Service Center or local field office within one year of arrival into U.S. The Asylees must file their I-485 AOS within one year of being granted asylum by the IJ or the BIA. In most employment-based categories such as EB-2, alien workers with advanced degrees or exceptional ability and EB-3, alien professionals, skilled workers, and other workers, a U.S. employer must complete a labor certification request under the Department of Labor’s Employment and Training Administration (“ETA” 9035, formerly, 750) for the alien. Also, the State Department must have an immigrant visa number available for the alien who is already in the United States. Hence, those who are already in the United States must apply to adjust to Lawful Permanent Resident (LPR) status with the USCIS Service Center when such a visa number is made available to him/her. But, those who are outside the United States when an immigrant visa number becomes available will be notified to go to the local U.S. consulate in their country to complete the processing for an immigrant visa.
The Asylees/Refugees who have been physically present in the U.S. FOR one year period after being granted immigration relief during proceedings before an IJ or the BIA; Immigrant Aliens with approved or concurrently filed Family-Based Visa Petition based on Form I-130s, Petition for Alien Relative; or Employment-Based Visa Petition based on concurrently filed, pending, or approved Form I-140, Immigrant Petition For Alien Worker(s) and have immigrant visa numbers available for them (and their spouse or children); Family-Based Visa Petition K-1 admitted Fiance(e) of U.S. Citizen based on Form I-129F who subsequently married to that citizen within 90 days of entry and/or his/her K-2 dependent child/ren and became K-3/K-4 Spouse/Dependent Child/ren; Special Immigrant Class--Active Duty Service Member(s) of U.S. Armed Forces (including Widows/Widowers) with approved or concurrently filed Form I-360, Special Immigrant Juvenile with pending or concurrently filed Form I-360, Special Immigrant Physician, Afghan and Iraqi Translators, International Organization Employees Or Eligible Family Member(s), Religious Worker(s) Or Minister(s) with approved or pending Form I-360; and Immigrant Investors with approved Form I-526, Immigrant Petition By Alien Entrepreneur must complete and file their I-485, AOS petitions with all required applicable supporting evidence.
See the Law: The Immigration and Nationality Act (INA) governs the admissions of all immigrants to the U.S. with Sections, INA § 245 dealing with most types of Permanent Resident Status. The Code of Federal Regulations (CFR) at 8 CFR § 245 deal with the specific eligibility requirements and procedures for adjusting to permanent residence status (AOS).
How Can U.S. Citizens and Legal Permanent Residents Bring Their Aliens Spouses (Husband or Wife) to Live In The United States?
Because U.S. Citizens' spouses are usually considered as immediate relatives, thus they are immediately eligible for immigrant Visas if their petitions for Alien Relative, Form I-130 are approved by the USCIS. However, as United States Citizens, once you-the petitioner filed the Form I-130, Petition for Alien Relative, you can bring your spouse to legally live and work in the U.S. by applying for a Nonimmigrant K-3 Visa while the Form I-130, Petition for Alien Relative is pending with the USCIS.
Furthermore, if a lawful permanent resident (LPR) (who did not gain his/her LPR status as an immediate relative through parent, spouse, or unmarried child under 21 years of age of a U.S. citizen, but through any of the followings: “a diversity immigrant visa, or an employment-based immigrant visa, or an immigrant visa based on his/her relationship to his/her U.S. citizen sibling, or an immigrant visa based on his/her relationship to his/her U.S. citizen parent when he/she was already married”) got married to his/her spouses before he/she became a Lawful Permanent Resident, then, his/her spouses may be eligible to receive “following-to-join” benefits provided that their “relationship still exists.” When such is the case and one of these categories applies, the petitioning LPR must then submit the following information to the U. S. Citizenship and Immigration Services (USCIS):
Once the I-824 is approved, the USCIS and/or the petitioning LPR would simply notify a U.S. consulate that he/she is indeed a lawful permanent resident so that his/her spouse can apply for “a following-to-join immigrant visa.” This means that the petitioning LPR would not have to submit a separate Form I-130, Petition for Alien Relative, for his/her spouse, and the spouse would not have to wait any extra time for an immigrant visa to become available. It must be noted that it is the responsibility of the petitioning LPR’s spouse to contact the local U.S. consulate abroad to complete the immigrant visa processing.
However, if the petitioning LPR’s spouse is inside the U.S. through a lawful admission or parole and is maintaining that status at the time of notification, he or she may “file the Form I-485 when the visa number becomes available.” But if the petitioning LPR’s spouse is inside the U.S. illegally as of the time the Form I-130, Alien Relative Petition was filed on or before 04/30/01 and approved on his/her behalf, then, he or she may be “eligible to benefit for adjustment of status under section 245(i).” Furthermore, if a Lawful Permanent Resident (LPR) has filed Form I-130 for his/her spouse and/or minor children on or before 12/21/2000, but more than three years have passed since the I-130 was filed without action on that case, then his/her spouse and/or children may be eligible for the “‘V’ visa classification under the 09/07/2001 INS Implements of ‘V’ Nonimmigrant Provision of the LIFE Act.”
See the Law: The Immigration and Nationality Act (INA) governs the admissions of all immigrants to the U.S. with INA (Sections) § 201, INA § 203, INA § 204 dealing with immigrant visas for Spouse. The Code of Federal Regulations (CFR) at 8 CFR § 204.1, 8 CFR § 204.2, 8 CFR § 204.3, and 8 CFR § 245 deal with the specific eligibility requirements and procedures for U.S. Citizens and Legal Permanent Residents’ relatives to qualify for immigrant visas.
NOTE: All Married Spouses of U.S. Citizens And Lawful Permanent Resident Aliens Who Were Granted Permanent Resident Status With Conditions Must Remove Conditions on Their Residence Card, 90 Days Before The Two-Year Anniversary of Their Marriage?
For those who have been married less than two years when their spouses are granted lawful permanent resident status, their spouse will receive permanent resident status on a conditional basis. It must be noted that both spouses (husband and wife or vise versa) must apply together to remove the conditions on residence. Such applications must be made at the appropriate government agency to remove conditional status within 90 days before the 2-year anniversary of the award date of the spouse’s conditional legal permanent resident status. Failure to file such petition during this time would result in beneficiary spouse being considered out of status as of the 2-year anniversary, and may be subject to removal from the U.S. Nevertheless, if you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. The Form to file for this benefit is Form I-129F. Using a K-3 visa method is the quickest way for your spouse (him or her) to come to the U.S.
See the Law: The part of the Immigration and Nationality Act (INA) which deals with conditional resident status based on marriage is INA § 216 and the specific eligibility requirements and procedures for removing conditions on permanent resident status are coded in Code of Federal Regulations [CFR] at 8 CFR § 216.
How Can U.S. Citizens and Legal Permanent Residents Bring Their Aliens Child/ren, Or Sons, Or Daughters to Live In The United States?
The U.S. Citizens and Lawful Permanent Residents who wish to bring their minor child/ren, or Sons, or Daughters to live permanently in the U.S. should file a form I-130, Petition for Alien Relative on their behalf with the United States Citizenship and Immigration Services (USCIS). Before doing so, it is imperative for the U.S. Citizens and/or Lawful Permanent Residents to understand the USCIS legal definition of “Child/ren,” Son(s), or Daughter(s)” for immigration purposes only. The Immigration and Nationality Act (INA), the law that governs the admissions of all immigrants to the U.S. defines minor “child/ren” as unmarried persons under the age of 21 regardless of whether he is born in wedlock or out of wedlock by both parents, adopted, or orphaned. An “unmarried sons or daughters” are persons of 21 years of age or over, but “married sons or daughters” are persons of any age who are married.
The U.S. Citizen’s “minor child/ren” who are “unmarried” and “under 21 years old” are considered immediate relatives, and do not need to wait for visa numbers to become available before coming to the U.S., thus, they are eligible to receive immigrant visa immediately. Also, the “unmarried, minor child/ren” of U.S. Citizens, who were admitted or paroled into the U.S., may file Form I-485, Application to Register for Permanent Residence or Adjust Status (AOS) at the time they file Form I-130, Petition for Alien Relative. However, the fact that U.S. Citizen’s “sons and daughters” are “unmarried and 21 years old or over,” or “married at any age,” they are not immediate relative and would have to file for and obtain USCIS approval of immigrant visa petitions on I-130s and wait for visa numbers to become available and their priority date being listed on the Department of State’s Visa Bulletin before coming to the U.S.
On the other hand, Legal Permanent Residents can only bring their unmarried child/ren, sons or daughters (but not married sons and daughter). To do so, they must first file Form I-130, Petition for Alien Relative and obtain USCIS approval of such immigrant visa petitions for their child/ren, sons or daughters; and secondly, have immigrant visa numbers available from the U.S. State Department for their child/ren, sons or daughters irrespective of whether they are already here in the U.S. or abroad. If the child/ren or sons or daughters are legally in the U.S. when immigrant visa numbers become available, they may apply to adjust status to that of a lawful permanent resident using the Form I-485. But if these child/ren, sons or daughters are outside the United States, they will be notified to go to the local U.S. consulate to complete the processing for immigrant visa numbers when they become available.
When a U.S. Citizen’s parent, brother or sister petitions for his/her alien relative on Form I-130, Petition for Alien Relative, and it happens that the alien relative is married with children, the alien relative’s spouse and/or children do not require a separate visa petition; they should be included in the same visa petition the relative is filing for him/her. The same rule applies to those relatives who are unmarried, 21 years of age or older and have children born out of wedlock; those children do not require a separate visa petition.
But if aliens who are unmarried and under 21 years of age and had children who did not physically accompany them to the United States before they became lawful permanent residents want these children to join them in the United States after obtaining Lawful Permanent Resident (LPR) status, then, they will have to file a “following-to-Join Benefits” petition for their children. This means that these new LPR aliens do not have to submit a separate Form I-130, Petition for Alien Relative, for their children, and their children will not have to wait any extra time for a visa number to become available to them before coming to the U.S. The LPR would have to simply notify a U.S. consulate abroad that they are lawful permanent resident so that their children can apply for immigrant visas there.
NOTE: For the LPR’s child/ren to be eligible for following-to-join benefits, they must be unmarried and under 21 years of age and have been child/ren, or a stepchild from a marriage of theirs which must have existed at the time the LPR was admitted into the U.S. or legally adopted and otherwise qualify as adopted child/ren under the immigration law prior to the LPR’s admission to the U.S. In any of these cases, the LPR must submit the following documents to the USCIS that took the most recent action on his/her case:
(i). Form I-824, Application for Action on an Approved Application or Petition;
(ii). A copy of the original application or petition that you used to apply for your immigrant status;
(iii). A copy of the I-797 Notice of Action for your original application or petition;
(iv). A copy of your alien registration receipt card or I-551; and
(v). Any other relevant proof that the child meets the appropriate criteria for Following-to-Join Benefits.
The petitioning U.S. Citizens, or Legal Permanent Residents and their beneficiaries (Child/ren, or Sons, or Daughters) must complete and file their I-130s, Petition for Alien Relative with all required applicable supporting evidence.
See the Law: The Immigration and Nationality Act (INA) governs the admissions of all immigrants to the U.S. with INA (Sections) INA § 202, INA § 203 and INA § 204 dealing with the immigrant status for children, sons, and daughters. The Code of Federal Regulations (CFR) at 8 CFR § 204.1, 8 CFR § 204.2, 8 CFR § 204.3, and 8 CFR § 245 deal with the specific eligibility requirements and procedures for U.S. Citizens and Legal Permanent Residents’ relatives to qualify for immigrant visas.
How Can U.S. Citizens Bring Their Alien Parents (Fathers and Mothers) to Live Permanently In The United State
The United States Citizens who are at least 21 years old are eligible to bring their alien parents to live and work permanently in the U.S. But the Lawful Permanent Residents may not petition to bring their alien parents to live permanently in the U.S. In order for a U.S. Citizen to bring their alien parents to live and work permanently in the U.S., he/she must complete an immigrant visa petition on Form I-130, Petition for Alien Relative, on behalf of his/her alien parent(s) and file it with the United States Citizenship and Immigration Services (USCIS). If such immigrant visa petition is approved by the USCIS and the alien parent(s) is outside the United States, then, he/she will be notified to go to the local U.S. consulate to complete the processing for the immigrant visa. But if the alien parent(s) is legally inside the U.S., then, she/he may apply to adjust his/her status to that of a lawful permanent resident using the Form I-485, application to register permanent residence and/or adjust status. NOTE: U.S. Citizens who were legally adopted may not petition for their birth parents.
The petitioning U.S. Citizens and their Alien Parents must complete and file their I-130s, Petition for Alien Relative with all required applicable supporting evidence.
See the Law: The Immigration and Nationality Act (INA) governs the admissions of all immigrants to the U.S. with INA (Sections) INA§ 201, INA § 204 dealing with immigrant visas for Parents. The Code of Federal Regulations (CFR) at 8 CFR § 204.1, 8 CFR § 204.2, and 8 CFR § 245 deal with the specific eligibility requirements and procedures for U.S. Citizens and Legal Permanent Residents’ relatives to qualify for immigrant visas.
How Can Asylees Help Their Alien Spouses (Husband or Wife) And Child/ren (Daughters and Sons) Get Derivative Asylum Status In The United States?
According to the immigration law, Asylum seekers may include their spouse or any unmarried child/ren under the age of 21 who are in the United States in their own asylum. But Asylum seekers whose asylum application have been granted asylum (and are now Asylees) and whose spouse and/or child/ren are outside the United States may apply for derivative asylum benefits for their spouse or minor child/ren based on the Asylee’s own asylum status within two years of granting such status. As for the Asylees whose spouse and child/ren are already in the United States may be eligible for derivative asylum benefits regardless of whether they are in the country legally or illegally provided that the relationship between the Asylees and their spouse and child/ren must have existed when they were granted asylum and continue to exist when they file Form I-730, Refugee/Asylee Relative Petition and when their spouse and children are admitted to the United States as derivative Asylees. Meaning that the Asylee’s children must be under 21 years of age and unmarried, and the spouse must remain married to the Asylee. Also, child/ren who were already conceived by an Asylum seeker’s spouse who is outside the country, but were not yet born on the day an Asylum seeker was granted asylum status are qualified for derivative asylum status.
Again, derivative asylum benefit may be applied for a step-child as long as the marriage between Asylee and the child/ren’s parent took place before the child/ren’s 18th birthday. Moreover, derivative asylum status may be applied for adopted child/ren as far as the adoption took place before the child/ren’s 16th birthday and the child/ren have been in Asylee’s legal custody for at least two years. The United States Citizenship and Immigration Services (USCIS) may require parentage testing or blood testing or DNA testing after initial and secondary forms of evidence have failed to establish parentage link. Such test which must be conducted by an accredited laboratory, the American Association of Blood Banks (“AABB”) must be at the expense of the petitioning Asylee(s). The admitted spouse and child/ren, 14 years and older may be permitted to work after proper documents are issued to them following filing of Form I-765, Application for Employment Authorization Document. NOTE: After Asylee’s spouse or child/ren are admitted to the United States as derivative Asylees, they must be granted special permission to travel abroad until they adjust to lawful permanent resident status, otherwise they will not be readmitted into U.S. upon a return from a trip abroad.
See the Law: The part of Immigration and Nationality Act (INA) which deals with Asylum is INA Section 208. The Code of Federal Regulations (CFR) at 8CFR Section 208 deals with the specific eligibility requirements and procedures for Asylees applying to bring their spouse or child/ren to the U.S.
Whether It Is OK for Legal Permanent Residents to Travel Abroad And How Long Should They Stay Away?
Yes, it is OK for the Legal Permanent Resident (LPR) to travel abroad, anywhere, and any place as far as she/he doesn’t have criminal conviction(s) hanging around her/his neck that would prevent her/him from being admitted into the U.S upon re-entering the country from oversea visit. Again, if an LPR plans to travel abroad for a visit that would entail a stay more than one year abroad, then he/she is required to file and obtain a “Re-entry Permit” that would allow him/her as an LPR to travel and reenter the U.S. Indeed, with a Re-entry Permit document, an LPR may stay outside the United States for up to two (2) years. But to avoid breaking the continuity of the required continuous residence in the United States which counts toward his/her naturalization for citizenship, she/he must file “Form N-470, Application to Preserve Residence” for Naturalization purposes. However, if she/he plans to stay abroad for a visit less than one (1) year, he/she is not required to apply for Re-entry Permit. She/he may reenter the U.S. on her/his own Permanent Resident Card, Form I-551 and valid passport.
Is the 2014 President'sExecutive Action to Temporarily Stop the Deportation of the Undocumented Parents of U.S. Citizens and (LPRs) Legal Permanent Residents Lawful?
Yes, the 2014 President's Executive Action to Temporarily Stop the Deportation of the Undocumented Parents of U.S. Citizens and (LPRs) Legal Permanent Residents Is Legal. These 2014 Executive Actions are exercises of the President’s Prosecutorial Discretion (PD), which are consistent with the governing U.S. laws and the policies that the U.S. Congress has expressed in the statutes, which it has enacted. In the past, U.S. Presidents had used its prosecutorial discretion through its Executive Order to grant a form of deferred actions to countless number of undocumented immigrants, thus, temporarily stopped the deportation of those certain number of undocumented immigrants. In fact, several Presidents — both Republican and Democrat — have used Prosecutorial Discretion to temporarily delay deportation in the face of wars (Nicaragua, Kuwait, Liberia), hurricanes or earthquakes (El Salvador, Haiti, Nicaragua, Honduras, Philippines) and other discrete natural and political catastrophes.
In fact, the federal courts have recognized that the Presidents inherently have the power to choose not to enforce immigration laws by not initiating deportation proceedings even when a person was not lawfully in the country. In the famous case, INS v. Lennon, the United States Court of Appeals for the District of Columbia Circuit held that the president could issue an “an informal administrative stay of deportation” to allow John Lennon to remain in the country. The court, in effect, expressly recognized the President’s constitutional power to exercise Prosecutorial Discretion (PD) in that very immigration context, thus, enabling the executive branch stopped the deportation of Mr. Lennon. The Lennon case in many instances shows that just because someone is deportable under the law doesn’t mean you have to deport him. The letter of the law (and Executive Actions), which made a difference in John Lennon’s life, will make a difference in the lives of these undocumented immigrant Parents of U.S. citizens, legal Permanent residents, and servicemen and also in the lives of people who were brought to the U.S. as children.
What Is Prosecutorial Discretion (PD)?
Under the U.S. Constitution, the U.S. Congress has sole responsibility to make laws. And the Executive Branch of the U.S. Government has the responsibility to faithfully enforce those laws passed by Congress. Under the existing U.S. Immigration law, those who arrive in the U.S. illegally or without proper documentation, or who overstay their visas, are subject to deportation. Currently, there is an estimate of about 11 million people who are in the country illegally and thus, could be subject to deportation. In fact, all those undocumented or illegal people in the U.S. could not be subject to deportation due to scarce economic and judicial resources. Thus, we have the basic idea of prosecutorial discretion.
Prosecutorial Discretion (PD) states that the police or other law enforcement officers cannot be expected to enforce every law written in the Blue book against every law breaker. Since there are not enough police or other law enforcement officers, so, the district attorney office or the prosecutors must exercise prosecutorial discretion in setting enforcement priorities.
How Does Prosecutorial Discretion (PD) Relate to the Enforcement of U.S. Immigration Laws?
The Executive Branch Authority of the U.S. President gives him the inherent power to allow nearly five million illegal immigrants to remain in the U.S. without facing the threat of immediate deportation. The U.S. President is well within his inherent authority to exert “Prosecutorial Discretion (PD)” in a way that would shield large numbers of illegal immigrants from deportation. Under the enforcement of U.S. Immigration laws, the offices of the U.S. Department of Homeland Security (DHS) and the Department of Justice (DOJ) can exercise Prosecutorial Discretion (PD) in order to set priority on how to enforce the U.S. Immigration Laws passed by the U.S. Congress or the Order of the Executive Branch of the U.S. Government.
The current U.S. immigration law, as written, grants this Prosecutorial Discretion to the Executive Brach and the Officials of the U.S. President to take such “Deferred Actions” on behalf of the undocumented persons. Thus, under the Executive Brach Order of November 2014, which is aimed at temporarily stopping the deportation of Undocumented Parents of U.S. Citizens and Legal Permanent Residents, who have been in the country illegally for Five years or more and have child or children who are U.S. citizens or Green Card Holders, the U.S. President is merely exercising his inherent Discretionary Power to Defer the Enforcement Action on certain number of illegal or undocumented immigrants who are currently subject to deportation. The November 2014 Executive Order signed by the U.S. President does not grant the Undocumented or illegal immigrants legal resident status. In fact, the President is merely using the Executive Order to move them to the back of a very long line as potential deportees.
Who Is Not Covered By the Nov 2014 Executive Order?
Who Is Covered By the Nov 2014 Executive Order:
Note: Until the Obama Administration Issue Its Prosecutorial Discretion Guidelines, Those Undocumented Parents of U.S. Citizens or LPRs (Legal Permanent Residents) Who Are Already in Removal or Deportation QUEQUE May Not Qualify for the Immigration Relief.
When Does This President’s Executive Order Begins?
The President’s Executive Order Would Begin Early Spring, 2015 (Possibly By Mid-February, 2015 for Immigrants who are eligible for the expanded version of DACA (without the 31-years age limit) and Mid-May 2015, for Parents of U.S. Citizens and LPRs) when the Obama Administration Will Issue Its Prosecutorial Discretion Guidelines, and the Undocumented Immigrants Parents of Children of U.S. Citizens and Legal Permanent Residents Would Be Able to:
The New Executive Order Also Will:
It is paramount for every hardworking permanent resident (Green Card Holder) and all legal immigrants and nonimmigrants in the US to know how to become a U.S. Citizen. As a professional immigration service provider, the law Offices Jimmy Johnson LLC helps legal, hard working permanent resident aliens and their families with most immigration issues. The fact that U.S. laws changes too frequently and rapidly, and legal fees with established law firms are very expensive, the law Offices of Jimmy Johnson LLC is aimed at making the legal system easier, fairer, and more accessible to ordinary people seeking U.S. immigration remedies and/or legal services.
At a nominal fee, Law Offices of Jimmy Johnson LLC helps individuals to prepare their I-Forms, N-Forms, file pro se appeals where necessary, keep track of changes in the law, react and respond to customers’ feedbacks and other legal personnel knowledge of their matters toward making sure that these legal permanent residents achieve American dream of becoming U.S. citizens in a timely manner. Indeed, it is a legal permanent’s right to take advantage of the many benefits that the U.S. citizenship confers including the Right to Vote and participate in the political and electoral processes locally and nationally; protecting children’s rights in the U.S.; reuniting immediate families from abroad; travel freely without unnecessary delays at the airports and other ports of entries where visas are not required for U.S. Citizens as well the limit of time you’re to stay abroad; and to avoid forced removal and/or deportation in situations when one gets involved in any violation of the U.S. criminal laws.
Most foreign countries’ citizens are required to secure a U.S. visa to be able to enter into the United States. While a U.S. visa may not accord any alien an entry into the U.S. at the port of entry (seaport, land, and air) pending further determination by the immigration officer at the said port of entry. Yet, a U.S. visa is a proof of formerly filed, reviewed, and approved application by a U.S. consulate of the U.S. Department of State at a designated American embassy or consulate abroad for eligibility to enter the U.S. for a stated purpose. The immigration officer upon a reasonable and satisfactory conclusion may permit aliens entry for time duration within that specified visit.
Two categories of U.S. Visas: Immigrant and Nonimmigrant Aliens:
Immigrant Visas: Aliens with the intention to live permanently in the U.S are required to apply and obtain Immigrant Visas before arriving at the United States. These below are the Visa Classes of Immigrant aliens:
Nonimmigrant Visas:Foreigners wanting to visit for the purpose of business or tourism, or live temporarily in the U.S. on the basis of studying or obtaining temporary work or medical treatment are required by law to secure Nonimmigrant Visas. The following are the Visa Classes of Nonimmigrant aliens:
Alien workers are eligible to come to the U.S. in a specialty occupation under nonimmigrant visa category known as H-1B. The fact that specialty occupations (which include positions in the Arts, Business, Education, Engineering, Law, Medicine, Architecture, Accounting, Mathematics, Physics, Biology, Chemistry, Social Sciences, Computers and Information Technology, and theology) require a specialized knowledge of a certain body of theoretical and practical material makes it imperative for such foreign workers to possess a baccalaureate degree as a minimum requirement for entry into the U.S. labor force.
Is There An Annual Cap on H-1B Visas?
Yes, there is a limit on the number of H-1B visas that can be issued each fiscal year, which begins in October every year, and it is 65,000 with additional 20,000 for those with Graduate (Masters) degrees and no limit for nonprofit Organizations, Universities and Colleges, and Government Research Laboratory Agencies. As a result, petitioner/applicants should endeavor to complete and file their applications with relevant government agency as soon as the required documents are assembled.
How Can Foreign Nationals Show That They Qualify For H-1B Visas?
Foreign applicants must show that they have earned the equivalent of a U.S. bachelor’s degree, and that they have an offer of employment from a qualified U.S. employer willing to act as an H-1B sponsor.
Who Qualifies As U.S. Employer?
U.S. immigration law defines an employer as “a person or entity who engages the services or labor of an employee to be performed in the United States for wages or other remuneration.”
What Are The Obligations Of A U.S. Employer Sponsoring An H-1B Alien Worker?
The U.S. sponsor must make a written commitment in a Labor Condition Application (LCA) to:
What Is The Process For Applying For An H-1B Visa?
The sponsoring U.S. employer must submit a Labor Condition Application (LCA) with the United States Department of Labor (DOL) confirming that the employee will be paid the prevailing wage for that position and be offered certain working conditions, among other items. The DOL certifies the LCA and returns it to the employer, who then files form I-129 with the United States Citizenship and Immigration Services of the Department of Homeland Security.
What Documents Are Required For H-1B Visa?
Applying for an H-1B visa requires the following documents:
What Is A Premium Processing For H-1B And How Long Is It Valid?
The Premium Processing Service offered by U.S. immigration authorities offers American employers faster processing of their petitions for H1-B visas and certain other forms of immigration status. The U.S. employer pays a premium with a guarantee from the U.S. immigration authorities that if the petition is not processed within 15 calendar days, the premium will be refunded. The initial petition for an H-1B visa is approved for a maximum of three years, a period that begins when the foreign national arrives in the U.S. The visa may be extended for an additional three years, for a total maximum of six years. The person must leave the U.S. for one year following that six-year period but then may re-enter the U.S. on a new H-1B visa.
What Is The Role Of An Immigration Service Agency In Applying For An H-1B Visa?
Law Offices of Jimmy Johnson, PLLC takes the following steps to obtain H-1B visas for clients (employers):
In sum, H-1B visa approvals are usually issued within two to three months from the date of filing with the relevant United States government agency. However, the process differs somewhat for an employee who is overseas or has a valid H-1B visa from a previous employer and seek to change/extend his/her status.
See the Law: The Immigration and Nationality Act (INA) is the legal basis for getting approval to hire temporary or permanent alien worker(s) within or abroad. Specifically, employment-based immigrants are addressed in the INA § 201, INA § 202, INA § 203 and INA § 204. Besides, the Federal Register publishes Rules on specific criteria that clarify the eligibility requirements for individuals petitioning for employment-based immigration and these rules are subsequently codified in the Code of Federal Regulations [CFR] at 8 CFR § 204.5
General Information on How to Post Immigration Security Bond and How to Cancel Bond and Receive Back the Money Here Below Under 8 CFR, Section 10.6 Surety Bonds:
(a) Posting of Surety Bonds—(1) Extension Agreements; Consent of Surety; Collateral Security: All surety bonds posted in immigration cases shall be executed on Form I-352, Immigration Bond, a copy of which, and any rider attached thereto, shall be furnished the obligor. A district director is authorized to approve a bond, a formal agreement to extension of liability of surety, a request for delivery of collateral security to a duly appointed and undischarged administrator or executor of the estate of a deceased depositor, and a power of attorney executed on Form I-312, Designation of Attorney-in-Fact. All other matters relating to bonds, including a power of attorney not executed on Form I-312 and a request for delivery of collateral security to other than the depositor or his or her approved attorney-in-fact, shall be forwarded to the regional director for approval. (2) Bond Riders—(i) General: Bond riders shall be prepared on Form I-351, Bond Riders, and attached to Form I-352. If a condition to be included in a bond is not on Form I-351, a rider containing the condition shall be executed. (ii) [Reserved].
(b) Acceptable Sureties: Either a company holding a certificate from the Secretary of the Treasury under 6 U.S.C. 6-13 as an acceptable surety on Federal bonds, or a surety who deposits cash or U.S. bonds or notes of the class described in 6 U.S.C. 15 and Treasury Department regulations issued pursuant thereto and which are not redeemable within 1 year from the date they are offered for deposit is an acceptable surety.
(c) Cancellation—(1) Public Charge Bonds: A public charge bond posted for an immigrant shall be cancelled when the alien dies, departs permanently from the United States or is naturalized, provided the immigrant did not become a public charge prior to death, departure, or naturalization. The district director may cancel a public charge bond at any time if he/she finds that the immigrant is not likely to become a public charge. A bond may also be cancelled in order to allow substitution of another bond.
A public charge bond shall be cancelled by the district director upon review following the fifth anniversary of the admission of the immigrant, provided that the alien has filed Form I-356, Request for Cancellation of Public Charge Bond, and the district director finds that the immigrant did not become a public charge prior to the fifth anniversary. If Form I-356 is not filed, the bond shall remain in effect until the form is filed and the district director reviews the evidence supporting the form and renders a decision to breach or cancel the bond.
(2) Maintenance of Status and Departure Bonds: When the status of a nonimmigrant who has violated the conditions of his admission has been adjusted as a result of administrative or legislative action to that of a permanent resident retroactively to a date prior to the violation, any outstanding maintenance of status and departure bond shall be canceled. If an application for adjustment of status is made by a nonimmigrant while he is in lawful temporary status, the bond shall be canceled if his status is adjusted to that of a lawful permanent resident or if he voluntarily departs within any period granted to him. As used in this paragraph, the term lawful temporary status means that there must not have been a violation of any of the conditions of the alien's nonimmigrant classification by acceptance of unauthorized employment or otherwise during the time he has been accorded such classification, and that from the date of admission to the date of departure or adjustment of status he must have had uninterrupted Service approval of his presence in the United States in the form of regular extensions of stay or dates set by which departure is to occur, or a combination of both. An alien admitted as a nonimmigrant shall not be regarded as having violated his nonimmigrant status by engaging in employment subsequent to his proper filing of an application for adjustment of status under section 245 of the Act and part 245 of this chapter. A maintenance of status and departure bond posted at the request of an American consular officer abroad in behalf of an alien who did not travel to the United States shall be canceled upon receipt of notice from an American consular officer that the alien is outside the United States and the nonimmigrant visa issued pursuant to the posting of the bond has been canceled or has expired.
(3) Substantial Performance: Substantial performance of all conditions imposed by the terms of a bond shall release the obligor from liability.
How to Apply for a United States (US) Visa?
Considering its unique culture, religion, or representative self-governance the United States of America (USA) is one of the most dazzling developed nations in the world. But to many people and businesses around the world, thus, to visit the USA for pleasures or carryout business transactions there, one would need to procure Visa for such purposes. In order to avoid being denied a USA Visa, one must meet all the VISA requirements at the US Consulate abroad.
What All Visa Applicants Should Do Before Applying for a USA Visa: All Visa Applicants Must Meet the Following Requirements Before Applying for USA Visa:
1. Sign Up for an Account at the U.S. Consular Affairs Website:
Signing up for an account will save you the scarce time you would need in going to the Consulate and personally complete the required information for your VISA. Also, signing up would enable you set up appointment date and time for a future Visa interview. The U.S. Consulate Affairs Website is located U.S Department of State’s Bureau of Consular Affairs here.
2. Make Required Payment of $160.00 Visa Application Fee:
You must make the required non-refundable Visa Application fee of $160.00 (US Dollars). You can make your payment through any of the Following Means:
1) You can pay for your Visa Application online using your credit card or other approved bankcards, and in such a case, you will have to wait till the next day to schedule for your interview.
2) You can also pay your Visa Application fee through bank, and later, you can schedule your appointment four hours after the payment was made.
3) You can make your Visa fee payment through BPI or Bancnet. Check the process here.
4) Also, you can pay cash to the US Consulate in person, thereafter, you must go to the US Consular affairs’ website to print a deposit slip, which will serve as your receipt. You can check the process here.
Next, you must frequently visit the website to check and see the next and earliest available appointment dates and times or when such will be available. As soon as you find available date and time that suite your journey to the US, then you can arrange to schedule you date and time.
3. Prepare to Go for Your Interview on the Set Appointment Date and time:
You Must Bring the Following Required Evidence with the originals:
1) A Printout of Your Appointment Confirmation Letter;
2) $160.00 Visa Application Fee Confirmation Receipt/Slip;
3) Visa Confirmation Deposit Slip;
4) Two Identical Passport Size Styled Color Photos, 2 x 2 Taken Recently;
5) Your Old Passports Containing/Showing Visas to Countries You Have travelled to Before Applying for US Visa;
6) Your Birth Certificate;
7) Your Complete Federal/Province Tax Returns for three to Six Years;
8) Your Self-Employed Business Documents Or DTI Permit;
9) Your Checking/Saving Bank Accounts statements, Showing Transaction History;
10)Your Intending Travel/Previous Itinerary of Your Visit to the US;
11)Evidence of Your Membership Records in Your Church, Community Organizations, Volunteer Groups, and Evidence of Cultural Affiliations;
12)Evidence of Your Employment or Business Ties Such as Payroll Records and Employment Letter from Your Supervisor Stating that You Work there and How Long You Have Worked there;
13)Deeds, Contracts, Mortgages of Homes, Showing Occupancy/Ownership of Your Private Or Commercial Residences; and
14)Two Letters of Invitation from Close Relatives/Friends Who Are US Citizens Or Permanent Residents.
4. Interview Day and Time:
The level of preparation for your would determine whether your Visa Application will be approved or denied. When you are well prepared for the Visa interview, the better your chances of being granted Visa to the US. In order to be successful during your Visa Interview, please follow these guidelines below:
1) Carefully Review All the Countries You Have Visited: Before you go for your US Visa interview, you must carefully review all the countries you have travelled to with dates and hotels you stayed there. During the interview, the US Consulate interviewer/officer will always ask you if you had traveled outside your native country before. And if you answer yes, the interviewer/office will ask you to mention those countries. Also, the consulate interviewer/officer would want to know the dates you travelled to and departed from those countries. The consulate interviewer/officer may want to know from you why you chose to travel to those countries; what you did while you were in those countries. So, it is imperative that you carefully review those visited countries, dates you travelled to and departed from there and places you visited while you were there.
2) You Must Be Truthful and Honest with All Your Answers: You must always respond to all questions/inquiries asked/presented to you by the consulate interviewer/officer with truthful and honest answers. In fact, all the questions you will be asked will entirely be based on the documentary evidence you submitted for the Visa Interview. In fact, the US Consulate Officials do not frequently conduct criminal background checking of Visa Applicants. Therefore, in your responses to all questions/inquires posed, you must always be honest.
3) You Must Always Be Alert, Self-Confident, and Respectful at All Times: At all times, during your Visa interview, you must always be alert, self-confident, and respectful to the Consulate interviewer/officer you will be interviewing with or talking to. You must be mindful that the Consulate interviewer/officer is a trained professional and you may not know if that interviewer/officer would be the very person to make the final decision on your Visa Application on whether to grant/approve it or deny it. Thus, it is imperative that at all times during the Visa interview, you must maintain your cool, stay calm, and respect the consulate interviewer/officer.
4) You Must Not Overact /Offer Information to the Interviewer/Officer: At all times during your Visa interview, you must not overact by offering information to the Consulate interviewer/officer. You must only answer the questions the interviewer/officer asks you; if yes or no, just answer that. But if the interviewer/officer follows up with the questions, then you can offer more information by explaining on such very important issues, such as your employment/business matters, family/friends ties, career, travel plans, and what have you. You must not overact by offering or volunteering information, which can cause the interviewer/officer to doubt your truthfulness or integrity for the Visa Application.
Also, you must not chew gums during the interview period or crack jokes you to lighten up the mood. And wear professional attire and try to be professionally polite. In sum, your Visa Application interview will be easy and fun if you follow the guidelines elucidated/explained above. Good luck with your interview. Have a pleasant and safe flight and trip to the US. And enjoy your stay in the US.
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Law Offices of Jimmy Johnson PLLC
New York State Law Office Address:
149-45 Northern Blvd., #1N
Flushing, NY 11354
United States
ph: (347) 426-8803 (Cell)
alt: (718) 799-0157 (Office)
jjohnson