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Publications

July, 2007

EMPLOYMENT VISAS

Starting on July 1, 2007 all individuals who have obtained Labor Certifications an apply for green cards immediately. We can help you obtain a Labor Certification and green card.

The application must include:

  1. Proof that lawful status has been maintained but all 245(i) beneficiaries may file now;
  2. Birth certificate;
  3. Passport photos;
  4. Medicals;
  5. Federal income taxes and earning records;
  6. Employment letter from sponsoring employer.

Please call us for more info rmation and a free case evaluation.

This means all applicants are entitled to file for permission to work including their spouses and children. After 180 days, an applicant may shift his/her employer provided the employment is in the same or in a similar field of work.

CHILD PROTECTION ACT

 The Child Status Protection Act (CSPA), enacted on August 6, 2002 offers way for children who reach their majority (21) to still in various cases obtain their residence. A child is an unmarried person under 21 years of age.

Before, a child could not obtain permanent residence if he/she reached 21 before the parent became a resident. Now the system has changed so that a child may benefit depending on how the parents obtain residence. There are 4 categories for children to qualify in spite of their reaching 21:

  1. Derivative beneficiaries of asylum or refugee applicants;
  2. Children of U.S. citizens;
  3. Children of permanent residents;
  4. Derivative beneficiaries of family based on employment or diversity visa applicants.

ASYLEES AND REFUGEES

A child's age is fixed on the date a parent files the asylum or refugee application even though the child may be older than 21 when the case is finally finished. When a child is in the U.S. the child may be included in the parent's application and thus the child will obtain permanent residence at the same time as the parent even though the child is over 21 when the application is approved.

If the child is outside the U.S., the parent may still claim the child by filing a refugee/asylum relative petition within 2 years of the grant to the parent of asylum, if the child was under the age of 21 when the asylum application was first filed, and the parent has been granted asylum prior to August 6, 2002 and the child has turned 21 prior to August 6, 2002, then the child may come even though the child is over 21.

IMMEDIATE RELATIVE – CHILD OF U.S. CITIZEN

The age of a child is fixed as of the date the parent filed the alien relative petition for the child. If the child is unmarried, the child will retain the status of a “child” even though the petition is not adjudicated until the child is over 21. If a permanent resident petitions for a child under 21, and thereafter becomes a citizen, the child's age will be fixed on the date the parent is naturalized. If a United States parent petitions for a married son or daughter and the marriage becomes legally terminated, the age of the child will be fixed on the date of the termination of the marriage.

Lastly if the child has a child, the child of the citizen may decline to be an immediate relative and come under the 1 st preference, if the priority date is available, so as to bring his/her children as derivative beneficiaries since immediate relatives do not have this right.

CHILD OF A PERMANENT RESIDENT OR THE CHILD OF A FAMILY – EMPLOYMENT BASED, OR DIVERSITY BASED VISA

The age of a child of the above category is fixed when the visa priority petition becomes current less the days the petition has been pending provided the beneficiary applies to be a permanent resident within one year of the date the visa becomes available. The calculation is a follows:

  1. The child's age when a visa number becomes available;
  2. Subtract from the child's age the period of time the petition has been pending;
  3. Did the beneficiary apply for permanent residence within one year of the visa availability date.

 

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!


New York Immigration Lawyers > Immigration Publications > July 2007
Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

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January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

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FINALLY - RELIEF FOR MANY UNDOCUMENTED!

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December 2011

J EXCHANGE VISAS

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SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

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DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

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SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

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November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

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September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

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BUSINESS VISAS FOR START UP COMPANIES

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TRAINING VISAS (H-3)

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August 2011

ENTREPRENEURS - SELF PETITIONS

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WAIVERS

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July 2011

REMOVAL, PHYSICAL

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PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

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INVESTORS : IMMIGRANT VISAS: EB-5

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INVESTOR VISAS E-2

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June 2011

NATURALIZATION, WHY & HOW

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CHILD CITIZENSHIP ACT

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ADVANCE PAROLE

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May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

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SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

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K-1 FINANCE VISA AND DIVORCE

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April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

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GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

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VAWA- VIOLENCE AGAINST WOMEN ACT

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DETENTION OF IMMIGRANTS

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March 2011

REMOVAL REMEDIES

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U VISA

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February 2011

Asylum Application filed late: What are your options?

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January 2011

CONSULAR VISA PROCESSING

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PROSECUTORIAL DISCRETION

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VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

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December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

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H-1B VISA AVAILABILITY SOON TO CLOSE

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APPEALS TO THE BOARD OF IMMIGRATION

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November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

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CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

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WORK AUTHORIZATION

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DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

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October 2010

CITIZENSHIP APPLICATIONS

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T and U VISAS, REVISIONS TO THESE PROGRAMS

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APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

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DEPORTATIONS: SHIFT IN U.S. POLICY

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September 2010

RELIGIOUS IMMIGRANT WORKERS

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INTRA-COMPANY TRANSFEREE (L-1)

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PARDON REVIEW PANEL

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August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

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BATTERED SPOUSES, PARENTS AND CHILDREN

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FIANCE(E) OF U.S. CITIZEN (K-1)

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July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

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DEPORTATION ORDERS MAY BE REOPENED

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June 2010

NATURALIZATION

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May 2010

Help for Immigration cases in Arizona

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April 2010

H-1B WORK VISAS

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March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

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February 2010

TEMPORARY PROTECTED STATUS (TPS)

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ASYLUM

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January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

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December 2009

GREEN CARDS

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November 2009

H-1B, SPECIALTY OCCUPATION

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October 2009

ASYLUM WAIVER APPLICATION

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September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

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August 2009

INTRA-COMPANY TRANSFEREES (L-1)

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ASYLUM FOR BATTERED WOMEN

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July 2009

DEATH OF A U.S. PETITIONER:

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June 2009

ARRESTS OF UNDOCUMENTED ALIENS

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May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

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April 2009

VISITORS AND BUSINESS VISAS

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March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

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February 2009

SPECIALTY OCCUPATION H-1

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January 2009

DEPORTATION ORDERS REOPENED

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December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

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November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

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CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

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October 2008

NEW BUSINESS START UP: L OR E VISAS

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September 2008

EXTENSIONS OF TEMPORARY STATUS

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August 2008

CHILDREN OF U.S. CITIZENS

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July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

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June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

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SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

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May 2008

EXTRAORDINARY ABILITY

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LABOR CASES - HIGHER EDUCATION

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April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

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March 2008

IMMIGRANT, PUBLIC BENEFITS

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February 2008

IMMIGRATION INJUSTICE CORRECTION

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January 2008

FAST ACTION FOR IMMIGRATION DELAYS

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December 2007

BATTERED SPOUSE OR CHILD

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REVIEW OF GREEN CARD DENIAL

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November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

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September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

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August 2007

A WAY TO OBTAIN RESIDENCE

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July 2007

EMPLOYMENT VISAS

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June 2007

IMMIGRATION REFORM

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