Category Archives: Family Immigration Petitions

Warning: Two things that all Immigrants and Their Sponsors Ought to Know

Potential USCIS Fee Increases are likely on the Horizons

USCIS Affidavit of Support Policy & Practice Changes may be coming

October 12, 2020
By:  Coleman Jackson, Attorney

Potential USCIS Fee Increases are likely on the Horizons

Potential USCIS Fee Increases are likely on the Horizons:

USCIS FILING FEES WERE SET TO INCREASE ON OCTOBER 2, 2020.  Judge Jeffrey White of the United States District Court in the Northern District of California temporarily blocked the USCIS scheduled fee increases from taking place nationwide on September 30, 2020. The fees were set to increase by up to 60% on some immigration petitions. All who think they might want to file immigration petitions and applications for family members or employees should consider acting at once because temporary injunctions by courts do not necessarily mean that the USCIS will not prevail in the end; and if so, the analysis of the fee increases below(for a select group of type of petitions) could be the potential USCIS fee increases scheduled below could be  required to file the following immigration petitions and applications:

Form Number Form Title

Current Fee

Potential New Fee
I-130 Petition for Alien Relative

$535

$560
I-485 Application to Register Permanent Residence

$1,140

$1,130*
I-864 Affidavit of Support

$0

$0
I-765 Application for Employment Authorization

 

$410

$550
I-131/I-131A Application for Travel Document

$575

$590
Biometrics Biometrics fee

$85

$85
I-90 Application to Replace Permanent Resident Card (Paper Filing)

$455

$415
I-102 Application for Replacement/ Initial Nonimmigrant Arrival-Departure

$445

$485
I-129/129CW Petition for a Nonimmigrant Worker

$460

$695
I-129F Petition for Alien Fiancé

$535

$510
I-140 Immigrant Petition for Alien Worker

$700

$555
I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal  

$930

 

$1,050

I-360 Petition for Amerasian Widow(er) or Special Immigrant

$435

$1,130
I-526 Immigrant Petition by Alien Entrepreneur

$3,675

$4,010
I-539 Application to Extend/Change Nonimmigrant Status

$370

$390
I-600/600a Petition to Classify Orphan as an Immediate Relative/Application for Advance Petition Processing of Orphan Petition

$775

$805
I-800/800A Petition to Classify Convention Adoptee as an Immediate Relative/ Application for Determination of Suitability to Adopt a Child from Convention Country  

$775

 

$805

I-601 Application for Waiver of Ground of Excludability

$930

$1,010
I-601A Application for Provisional Unlawful Presence Waiver

$630

$960
I-690 Application for Waiver of Grounds of Inadmissibility

$715

$765
I-694 Notice of Appeal of Decision

$890

$715
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 254A of the INA)  

$1,670

 

$1,615

I-751 Petition to Remove Conditions on Residence

$595

$760
I-824 Application for Action on an Approved Application or Petition

$465

$495
I-829

 

Petition by Entrepreneur to Remove Conditions

$3,750

$3,900
I-924 Application for Regional Center Designation Under the Immigrant Investor Program

$17,795

$17,795
I-924A Annual Certification of Regional Center

$3,035

$4,465
I-929 Petition for Qualifying Family Member of a U-1 Non-immigrant

$230

$1,485
N-336 Request for Hearing on a Decision in Naturalization Proceedings

$700

$1,735
N-400 Application for Naturalization

$640

 

$1,160

 

N-470 Application to Preserve Residence for Naturalizing Purposes

$355

$1,585
N-565 Application for Replacement Naturalization/Citizenship Documents

$555

$535
N-600 Application for Certification of Citizenship/Application for Citizenship and Issuance of Certificate under INA Section 322

$1,170

$1,00

* Biometric Fee is included in the I-485 application

 

USCIS Affidavit of Support Policy & Practice Changes may be Coming:

USCIS Affidavit of Support Policy & Practice Changes may be coming

DHS has also proposed a new rule regarding the Affidavit of Support Process. This update requires U.S. Citizen sponsors, nationals, or lawful permanent residents who sponsor an immigrant to provide credit reports and credit scores, certified copies of income tax returns for the last three years, and bank account information to effectively demonstrate they can maintain the required income.

Petitioning sponsors that have received public benefits within the last 26 months of submitting a Form I-864 must be backed by a joint sponsor who has received no such public benefits during that time.

Follow our law firm’s blogs and listen to our Legal Thoughts Podcast on Apple Podcast, Google Podcast, Spotify or where ever you listen to your podcast for updates concerning these topics and other taxation, litigation and immigration information you can use!

This law blog is written by the Taxation | Litigation | Immigration Law Firmof Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

Coleman Jackson, P.C. | Taxation, Litigation, Immigration Law Firm | English (214) 599-0431 | Spanish (214) 599-0432 | Portuguese (214) 272-3100

Podcast – Employment Authorizations for Immigrants: Who Qualifies and How to Apply?| LEGAL THOUGHTS

Published August 4, 2020

Podcast - Employment Authorizations for Immigrants: Who Qualifies and How to Apply?| LEGAL THOUGHTS

Legal Thoughts is a podcast presentation by Coleman Jackson, P.C., a law firm based in Dallas, Texas serving individuals, businesses, and agencies from around the world in taxation, litigation, and immigration legal matters.

This particular episode of Legal Thoughts is a podcast where the Attorney, Coleman Jackson is being interviewed by Mayra Torres, the Public Relations Associate of Coleman Jackson, P.C.

The topic of discussion is “Employment Authorizations for Immigrants: Who Qualifies and How to Apply?” You can listen to this podcast by clicking here: 

You can also listen to this episode and subscribe to Coleman Jackson, P.C.’s Legal Thoughts podcast on Apple Podcast, Google Podcast, Spotify, Cashbox or wherever you may listen to your podcast.

TRANSCRIPT:

ATTORNEY:  Coleman Jackson
Legal Thoughts
COLEMAN JACKSON, ATTORNEY & COUNSELOR AT LAW

ATTORNEY:  Coleman Jackson

Welcome to Immigration Thoughts

  • My name is Coleman Jackson and I am an attorney at Coleman Jackson, P.C., a taxation, litigation, and immigration law firm based in Dallas, Texas.
  • Our topic for today is: “Employment Authorizations for Immigrants: Who Qualifies and How to Apply?”
  • Other members of Coleman Jackson, P.C. are Yulissa Molina, Tax Legal Assistant, Reyna Munoz, Immigration Legal Assistant and Mayra Torres, Public Relations Associate.
  • On this “Legal Thoughts” podcast our law firm’s Public Relations Associate, Mayra Torres will be asking the questions and I will be giving the answers as she and I will be discussing: “Employment Authorizations for Immigrants: Who Qualifies and How to Apply?”

Mayra Torres Introduces Herself to the Audience:

  • Hi everyone, I am Mayra. I am the Public Relations Associate at the tax, litigation and immigration law firm of Coleman Jackson, P.C. Right here in Dallas, Texas.
  • Now Attorney: this is a follow up on a podcast that we did a couple of weeks ago where you and I were discussing “Green Cards & Work Permits” during this dread…………full pandemic!
  • Let’s go deeper into immigrants and work authorizations in the U.S. First of all:
  • What are the different types of work permits and who qualifies to work in the United States?

Attorney Answers Question 1:

  • Wow Mayra; that is a gigantic question since there are over 50 or 60 different categories of work authorizations defined in the U.S. Immigration Nationality Act, or INA, 8 United States Code. Each of these categories apply to different categories of immigrants, non immigrants, and their family members. Each category has different qualifying criteria. The duration for each category may also differ depending upon the specific authorizing provision of the INA.
  • We might have to address your question in several separate podcast over the next few weeks or even months. Interested listeners should subscribe to our podcast. For now, I intend to cover maybe 10 categories of work permits in this particular podcast. And for the most part I will merely mention the technical references to the applicable INA Section numbers authorizing the particular work permit category. I will also try to leave out the legal jargon and speak in ordinary language to see if I can explain work authorizations so that normal people can understand the different categories of work permits and their specific qualifying requirements.

Mayra Comments on That Approach

  • Oh exactly attorney. Its best to explain this in simple, easy to understand words;so that, people can follow along and understand what you are saying; you know! I mean …talk in language that regular people can understand.
  • And oh yeah; we can have a series of conversations on this topic in future podcast. Anyone who wants to know more about work permits for immigrants can subscribe to our law firm’s podcasts. Okay let’s go… my first question is this:
  • What are the different types of work permits and who qualifies?

Attorney Continues with Answer of Question1:

  • I am going to start by discussing those classes of immigrants who are authorized to be employed in the United States without restrictions as to location or type of employment:
    1. An immigrant who is a Lawful Permanent Resident (with or without conditions pursuant to INA section 216). These are immigrants issued Form I-551 or Green Card by the Department of Homeland Security.
    2. An immigrant who is a lawful temporary resident of the U.S. pursuant to INA section 245A or section 210 of the Immigration Nationalization Act. These temporary residents of the U.S. have been issued an EAD or Employment Authorization Document.
    3. An immigrant who has been paroled into the U.S. under INA section 207 as refugee.Refugees in the U.S. have been issued an EAD or Employment Authorization Document.
    4. An immigrant who has been granted asylum under INA section 208. Asylum seekers whose applications have been pending for more than 90 days can also be granted a work authorization while their asylum applications are pending decision at the Asylum Office.
    5. An immigrant who has been granted Temporary Protected Status (TPS) under INA section 244 has been issued an Employment Authorization Document (EAD).
    6. Any immigrant who has been granted U-1 crime victims status pursuant to 8 CFR 214.4 are issued a work authorization so long as they are in that status.
    7. Any immigrant who has been granted VAWA status under the Violence Against Women’s Act has the authority to work in the United States as long as they are in that status.
  • All immigrants who are authorized employment incident to their status, must apply to U.S.Citizenship and Immigration Services (USCIS) for a work authorization with the exception of the Green Card holder and the immigrant granted VAWA status; a VAWA self-petitioner can request authorization to work directly on the Form I-360 Petition. And Green Card Holders or Lawful Permanent Residents have the authority to work anywhere.
  • Again, all work permits discussed so far falls into the category where the immigrant can be employed in the United States without restrictions as to location or type of employment. They can work anywhere. Now less turn to the category of work authorization which are restrictive as to location and employer.

Interviewer:  Mayra Torres, Public Relations Associate

Question 2:

  • You mean some immigrants are restricted as to who they can work for and when!
  • What kind of restrictions are we talking about here? You mean there are immigrants who can’t work for anyone they want and anywhere in the United States … they want?

Attorney Answers Question 2:

  • Yes Mayra; that is exactly right. Some immigrants are issued work permits that restrict who they can work for and where they can work in the United States. I am only going to cover about three in this podcast. These are the most popular types; but again, we might revisit this topic in future podcast. For now, I am going to limit my discussions of immigrants who are restricted by law to work for a specific employer or otherwise restricted to employment authorized in the INA to these three:
  • First: A non immigrant treaty trader in the E-1 category and treaty investor in the E-2 category pursuant to INA section 214.2(e) are restricted to working only for the treaty-qualifying company through which they attained their status. They cannot work for anyone else in the United States.
  • Second: A non immigrant student must have a valid F-1 student status and are restricted pursuant to INA section 214.2(f) to working no more than 20 hours per week when the school is in session or full-time when school is not in session if the student intends to and is eligible to register for the next term or session. Moreover, the INA provides that students can engage in employment in the form of curricular practical training (internships, cooperative training programs, or work-study programs which are part of an established school curriculum) after being enrolled as a full-time student for a full academic year. These employment matters are handled on campus by the Designated School Official at the student’s college or university on Form I-20.
  • Third: An intra-company transferee in the L-1 status pursuant to INA section 214.2(l) is authorized to work only for the employer who filed the petition through whom they obtained the L-1 status.An immigrant on L-1 status cannot work for anyone else in the United States. I might add that the type of work they can perform is also restricted to the representations made by their employer in their petition. They must be high-level managerial or executive level individuals coming to the U.S.to oversee some specified areas or providing expertise in growing the domestic enterprise.

Attorney Interview: By Mayra Torres

QUESTION 3:

  • Wow! Attorney thanks for giving such comprehensive overview of these 10 types of work permit categories.
  • I have so many more questions, such as,
    • What is the duration of each one of these work permits that you have discussed; and
    • Whether the immigrant’s family members, such as, their spouse, children, and parents can work too; and
    • How can an immigrant with a work permit get a Green Card (we might have covered that in our previous podcast on Green Cards, but I can’t remember your answer now)?
  • Maybe we can discuss those questions in future podcast or blogs or something.
  • But a big question right now with this pandemic deals with workers getting sick on their jobs.
  • Question number 3 is this one: Undocumented Immigrants are not authorized to work in the United States; so… what if they catch Covid-19 at work and get sick or …worst…dies…. Are they entitled to receive any money for lost wages or earnings?

Attorney Answers Question 3:

  • That is a very complex question and the law could be in flux because of federal, state, or local rules changes being discussed in many circles. These protections could impact whether employees can recover damages of any kind resulting from injuries allegedly sustained as the result of Covid-19.So, I will limit my answer to Texas law pre-Covid 19.
  • Well established law in Texas says that injured workers and/or contractors are not required to be U.S. citizens nor are they required to possess immigration work authorization permits as a prerequisite to recovering damages for lost earning capacity due to injury on the job. There is case law that goes as far back as 1993 that holds this legal principle.
  • But the law in this area could change as law catch up with legislative and other changes at the federal, state, and local level as it pertains to the response to Covid-19. And let me just say, federal law can be an affirmative defense whenever it conflicts with state or local law. So bottom line; the answer to this question is unclear at this time.

Attorney’s Summary:  Coleman Jackson

  • Mayra thanks for asking some very important questions regarding work permits.
  • I know we did not answer all of the questions you might have on this very important immigration topic. We might revisit it in our future blogs, podcast, or videos on our U-Tube Channel. For now,we have to go.

Attorney’s concluding Remarks:

THIS IS END OF “LEGAL THOUGHTS” FOR NOW

  • Coleman Jackson, Attorney’s concluding remarks:
  • Thanks for giving us the opportunity to inform you about the Immigrant Work Authorizations in the U.S. We might discuss other aspects work permits and their requirements in follow up podcasts or blogs in the near future. If you want to see or hear more taxation, litigation, and immigration LEGAL THOUGHTS from Coleman Jackson, P.C. Subscribe to our podcast and Stay tune! We are here in Dallas, Texas and want to inform, educate, and encourage our communities on topics dealing with taxation, litigation and immigration. Until next time, take care.

Asylum, Domestic Violence Victims and Credibility Hearings

By:  Coleman Jackson, Attorney
December 15, 2016

Asylum, Domestic Violence Victims and Credibility Hearings

Any foreign person who is physically present in the United States of America or who arrives here or is brought here regardless of their legal status may apply for asylum complying with the requirements set forth in 8 U.S.C.A.  §1158, Immigration and Nationality Act §208.

The foreign person seeking asylum bears the responsibility to establish that they are a refugee, within the meaning of U.S. Immigration Law.  Credible evidence will need to be presented that shows that the foreign person is a refugee within the meaning of the Immigration and Nationality Act under one or more of the following categories:

  1. RACE;
  2. RELIGION;
  3. NATIONALITY;
  4. MEMBERSHIP IN A PARTICULAR SOCIAL GROUP;  or
  5. POLITICAL OPINION

Asylum seekers must allege and demonstrate that at least one of the listed categories is the central reason for the past, or perceived future persecution in their homeland.  One of these five categories must be central to the asylum seekers’ past persecution or credible fear of persecution upon returning home.

In this blog post, we will limit our discussion of asylum to the asylum seekers membership in a particular social group.  In modern times in U.S. asylum law, victims of domestic violence have had success filing for asylum under the membership in a particular social group category.  This category has been used to apply for asylum based on gender-based persecution, such as, forced marriages, child marriages, female genital cutting, rape, domestic violence and sexual crimes against the victim.

If a foreigner enters the United States and claims persecution as a member of a particular social group, U.S. Department of Homeland Security examining officers at the border must conduct a credibility screening.  The standard used at the credibility screening is very low.  At this credibility screening the examining officer is not to make eligibility determinations or weigh the evidence or decide the credibility of the asylum seeker’s claims or statements.  The examining officer must decide whether to refer the asylum seeker for a credibility determination hearing or send them back to their homeland.  If the examining officer finds that the asylum seeker’s claim is not credible, they must expedite the removal of the foreigner’s return to their home country.  If the examining officer decides that the claim is credible, they must refer the case for a full asylum credibility hearing; the referring officer must give the asylum seeker Form M-444 and explain the purpose of the credibility determination hearing.  The asylum seeker may have legal representation at the credibility determination hearing.  In the credibility determination hearing, the demeanor, candor, and responsiveness of the asylum applicant (and witnesses, if any) are all relevant.  The basic logic and plausibility of the applicant’s or witness’s story are relevant to making the credibility determination.  Consistency in the applicant’s, witnesses’ oral and written accounts is extremely important factors in a credibility determination.  U.S. Department of State country condition reports are also used in asylum credibility determination hearings.

Even if the asylum seeker has a credible fear of persecution based on membership in a particular social group, their asylum application can still be impeded and denied pursuant to any of the factors listed in INA  §208(2)(A) and INA §208(2)(B).

In the event the asylum officer grants the asylum seekers application based on their membership in a particular group, the foreigner enjoys the following immigration benefits:

  1. They cannot be removed or returned to their home country (country of nationality);
  2. They may be authorized to work or engage in employment in the United States;
  3. They may be allowed to travel abroad with the prior consent of the U.S. Attorney General; and
  4. One year after the grant of asylum, the foreigner can apply for Lawful Permanent Residence status (Green Card).

Filing asylum is serious business and is complex.  Foreigner’s who are contemplating filing for asylum in the United States should consult legal counsel before they file because filing a frivolous asylum application will prevent the foreigner from receiving any immigration benefit under the Immigration and Nationality Act.  That means the foreigner would be prohibited from even visiting the U.S. for any reason.  This bar is permanent under the INA.

This law blog is written by the Taxation | Litigation | Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

Coleman Jackson, P.C. | Taxation, Litigation, Immigration Law Firm | English (214) 599-0431 | Spanish (214) 599-0432

Check Your ITIN because it could be Expired or Expiring Soon

By: Coleman Jackson, Attorney, CPA
November 21, 2016

Check Your ITIN because it could be Expired or Expiring Soon

Individual Taxpayer Identification Number, otherwise known as (ITIN) allows taxpayers to meet their tax filing obligations who cannot obtain a Social Security Number.  An ITIN is typically used by nonresident foreigners , undocumented resident foreigners, dependents and spouses of U.S. Citizens and resident foreigners who cannot get a social security number, and nonresident students, professors or researchers filing a U.S. federal tax return or claiming an exception, and anyone else who has a tax reporting obligation but cannot obtain a social security number.  The ITIN, like a social security number, is a nine digit code.  The ITIN begins with the number 9 and has fourth and fifth digits ranging from 50-65, 70-88, 90-92, and 94-99.   These are the middle digits of the ITIN.   The ITIN does not grant the holder any legal rights to reside in the United States.  The ITIN does not grant the holder any right to work in the United States.  The ITIN is issued by the United States Treasury (IRS).  The ITIN is only used for tax reporting purposes.

ITIN holders beware!  Section 203 of the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), which became law on December 18, 2015 made critical changes to U.S. Tax Law, 26 U.S.C. Section 6109 as it relates to the Individual Taxpayer Identification Number (ITIN) Program.  Because of these PATH Act changes, every ITIN holder must check their ITIN to determine whether it is expired or expiring soon.  The PATH Act made major changes in the ITIN Program which requires holders of ITINs to renew their ITIN.

Holders of unused ITINs must renew them or they will expire.  Any ITIN not used on a federal tax return for the last three (3) years.  Count back from the current year to the previous three tax reporting periods.  If it has been three years since the ITIN was used; it expires on January 1, 2017.  That means that if you hold an ITIN that was not used in 2015, 2014 or 2013; your ITIN is no longer valid and cannot be used when you file your 2016 federal tax return; unless, you timely renew it.  The IRS began accepting ITIN renewal applications on October 1, 2016 for taxpayers affected by the PATH Act.

ITINs issued before 2013 began expiring in 2016 on a rolling basis.  The mandatory renewal period for these ITINs is on what the IRS is calling a rolling basis.  The key numbers that triggers the expiration and mandatory renewal schedule as to when the pre-2013 ITIN renewal period began are the middle two digits of the ITIN.  For example, beginning October 1, 2016, ITIN holders with middle digits of 78 and 79 began renewing their ITIN. Every ITIN holder must examine their ITIN and the ITIN of family members (household members) to determine when their ITIN expires or expired based on the IRS rolling renewal schedule.

Holders of expired ITINs could have difficulty complying with U.S. tax laws.  They could be prohibited from claiming exemptions and dependents and so forth with expired ITINs.  Moreover, failure to timely file required federal tax returns carry serious consequences under U.S. tax laws, such as, civil negligence penalties, fraud penalties and potential criminal prosecution.  There could also be serious consequences under the Immigration and Nationality Act (INA) for failure to comply with U.S. federal tax laws (Internal Revenue Code).  Federal tax law abuse violates the terms of immigrant visas under the INA in certain circumstances.   ITIN holders must check their ITIN because the ITIN could be expired or expiring soon.

This law blog is written by the Taxation | Litigation | Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

Coleman Jackson, P.C. | Taxation, Litigation, Immigration Law Firm | English (214) 599-0431 | Spanish (214) 599-0432

U.S. Immigration Petition Prices Set to Increase this December

October 27, 2016
By:  Coleman Jackson, Attorney

U.S. Immigration Petition Prices Set to Increase this December 2016

Have everybody heard?  It is official.  United States Citizenship and Immigration Services (USCIS) fees are set to increase effective December 23, 2016.  Applications and immigration petitions postmarked or filed on or after December 23, 2016, must include the new fees or be rejected by USCIS.  Some examples of the fee increase effect on some of the more popular applications and petitions are as follows:

Form Number

Form Title

Fee-Effective 12-23-2016

Current Fee

I-90

Application to Replace Permanent Resident Card

$455

$365

I-102

Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

455

330

I-129/129CW

Petition for a Nonimmigrant Worker

460

325

I-129F

Petition for Alien Fiancé(e)

535

340

I-130

Petition for Alien Relative

535

420

I-131 /I-131A

Application for Travel Document

575

360

I-140

Immigrant Petition for Alien Worker

700

580

I-212

Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

903

585

I-360

Petition for Amerasian Widow(er) or Special Immigrant

435

405

I-485

Application to Register Permanent Residence or Adjust Status

1,140

985

I-485

Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years)

750

635

I-526

Immigrant Petition by Alien Entrepreneur

3,675

1,500

I-539

Application to Extend/Change Nonimmigrant Status

370

290

I-600/600A

Petition to Classify Orphan as an Immediate Relative /Application for Advance Petition Processing of Orphan Petition

775

720

I-800/800A

Petition to Classify Convention Adoptee as an Immediate Relative /Application for Determination of Suitability to Adopt a Child from a Convention Country

775

720

I-601

Application for Waiver of Ground of Excludability

930

585

I-601A

Application for Provisional Unlawful Presence Waiver

630

585

I-690

Application for Waiver of Grounds of Inadmissibility

715

200

I-694

Notice of Appeal of Decision

890

755

I-698

Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA)

1,670

1,020

I-751

Petition to Remove Conditions on Residence

595

505

I-765

Application for Employment Authorization

410

380

I-824

Application for Action on an Approved Application or Petition

465

405

I-829

Petition by Entrepreneur to Remove Conditions

3,750

3,750

I-924

Application for Regional Center Designation Under the Immigrant Investor Program

17,795

6,230

I-924A

Annual Certification of Regional Center

3,035

0

I-929

Petition for Qualifying Family Member of a U-1 Nonimmigrant

230

215

N-336

Request for Hearing on a Decision in Naturalization Proceedings

640

595

N-400

Application for Naturalization

640

595

N-470

Application to Preserve Residence for Naturalization Purposes

355

330

N-565

Application for Replacement Naturalization/Citizenship Document

555

345

N-600/N-600K

Application for Certification of Citizenship/Application for Citizenship and Issuance of Certificate under INA Section 322

1,170

600/550

USCIS Immigrant Fee

220

165

Biometric Fee

85

85

The table of fees above does not list the names or filling fees for all immigrant petitions and applications.  Filing fee increases take effect on or after December 23, 2016.  New submissions must be submitted to the Department of Homeland Security (USCIS) with the payment associated fees attached.

This law blog is written by the Taxation | Litigation | Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

AUTOMATIC REVOCATION OF AN IMMIGRANT VISA PETITION

By Coleman Jackson, Attorney & Counselor at Law
July 15, 2015

In Seven Different Instances An Immigrant Visa Petition Is Automatically Terminated

When an Immigrant Visa Petition is automatically revoked under the United States Immigration and Nationality Act (INA)?  Even if approved there are certain events or circumstances that terminates an immigrant visa petition whether it relates to an United States Citizen or Lawful Permanent Resident petitioning for an alien relative under 8 C.F.R. §205.1(a)(1)-(3).  Under the INA an automatic termination relates back to the date the immigrant visa petition was originally approved.  There are no grandfather provisions under the INA when an immigrant visa petition is terminated automatically.

In The Following Seven Instances An Immigrant Visa Petition Is Automatically Terminated:

  1. If the petitioner files a voluntary withdrawal notice with the USCIS office adjudicating the petition.
  2. If the petitioner dies while the immigrant visa petition is being adjudicated by USCIS; unless, the humanitarian rules apply under the INA that relates to a widow(er) of an U.S. Citizen petitioner. The immigrant visa petition could be reinstated for humanitarian reasons in the case of a widow(er) married to a deceased United States Citizen Petitioner.
  3. If the beneficiary of a lawful permanent resident immigrant visa petition marries before receiving their Green Card.  That means that sons and daughters of lawful permanent resident petitioners must remain single because a marriage event automatically terminates the immigrant visa petition of an LPR’s son or daughter even if the immigrant visa petition has been previously approved.
  4. If the lawful permanent resident petitioner legally looses their Green Card status while the immigrant visa petition is being adjudicated by USCIS.  The LPR naturalizing or becoming a United States Citizen is an exception to this ground for automatic termination of an immigrant visa petition.
  5. If the petitioner files for and legally completes an official court ordered divorce decree while the immigrant visa petition is being adjudicated by USCIS.  In order for a divorce to terminate the immigrant visa petition, it must be a legal divorce or separation, not merely, a separation of the spouses.  However, although, mere separation and filing divorce does not automatically terminate an immigrant visa petition; such events could very well effect the USCIS adjudicator’s assessment of the bona fides of the marriage.  Termination of an abusive marriage does not terminate a self-petition, such as, VAWA, U Crime Victims Petition or T Visa Petition.
  6. If the petitioner fails to pay the immigrant visa petition filing fees within fourteen days of receipt of an USCIS notification that such fees are due and payable.  Proper filing fees should be attached to the immigrant visa petition upon submission of the petition to avoid this administrative ground of automatic termination.
  7. If the self-petitioner or beneficiary dies while the USCIS is adjudicating the immigrant visa petition.

 

This blog is written by the Immigration & Tax Law Firm of Coleman Jackson, P.C.  It is for informational and educational purposes and does not create an attorney-client relationship between this law firm and the reader.  If you have questions about your particular situation regarding federal or state taxation or immigration matters, you should consult with independent legal counsel with respect your individual situation or circumstances.

Coleman Jackson, PC
Immigration & Tax Law Firm
6060 North Central Expressway
Suite 443
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Law Firm Sitewww.cjacksonlaw.com
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DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

By Coleman Jackson, Attorney, CPA
February 25, 2015

DHS Extends Eligibility for Employment Authorization

U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status, effective May 26, 2015. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Who is eligible?

H-4 Dependant Spouse Eligible for Employment Authorization

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

  • Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

How to apply?

Eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.

This is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs. It will help U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.

This blog is written by the Tax & Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel with respect to your particular set of circumstances. 

Coleman Jackson, P.C. | Immigration & Tax Law Firm | www.cjacksonlaw.com | (214) 599-0431

“Parole in Place” A New Immigration Policy for Military Families by USCIS

By:
Coleman Jackson, PC
Immigration & Tax Law Firm
Firm Site www.cjacksonlaw.com

November 27, 2013

Parole in Place” could be a step toward Immigration Reform. On November 15, 2013 the Obama administration released a new immigration policy memorandum addressing Parole in Place for spouses, children and parents of active duty members of the United States Armed Forces and the members of Selected Reserve of the Ready Reserve (including the National Guard) or former members who previously served in the Armed Forces or the Selected Reserve of the Ready Reserve for United States (veterans).

Under Immigration and Nationality Act section 222(a) (6) (A) (i) the new USCIS policy allows “Parole in Place” (PIP) of undocumented immigrant spouses, children and parents of military members, reservists and veterans. They can legally stay in United States and can apply for a green card through adjustment of status during the application of parole.

Parole in Place - New Immigration Policy for U.S. Military Families

 

And once the parole is granted they are eligible to apply for Employment Authorization Document (EAD) to work in United States and can travel abroad for legitimate personal or business reasons.

The Required Documents to Request Parole in Place:

  1. Completed Form I-131, Application for Travel Document.
  2. Evidence of the family relationship.
  3. Evidence that the alien’s family member is an Active Duty member of the U.S. Armed Forces, individual in the Selected Reserve of the Ready Reserve or an individual who previously served in the U.S. Armed Forces or the Selected Reserve or the Ready Reserve, such as a photocopy of both the front and back of the service member’s military identification card (DD Form 1173).
  4. Two identical, color, passport style photographs.
  5. Evidence of any additional favorable discretionary factors that the requestor wishes the government to consider.

This blog is written to inform and for educational purposes only.  It is not given as legal advice and does not create an attorney client relationship.  You should consult an attorney for any particular matter pertaining to your specific facts and circumstances.

COLEMAN JACKSON, P.C.
Immigration & Tax Law Firm
6060 North Central Expressway, Suite 443
Dallas, Texas 75206
Office Phone:  (214) 599-0431 (English)   (214) 599-0432 (Spanish)