Immigration Attorney Temecula – Dealing With The Uscis

A Temecula, CA Immigration Attorney, John Mansfield, explains:

I’m talking to you today about the USCIS. What’s the USCIS?, you might asked. It is the United States Citizenship and Immigration Service. They are a branch of the US Department of Homeland Security and they are responsible for receiving, processing and approving or denying applications for status and relief under the US Immigration and Nationality laws. It’s important that you know that the USCIS has become an extremely efficient branch. I know it’s hard to believe, but they have done wonders with respect to getting more efficient, faster, and friendlier for a huge bureaucracy, I think they deserve a lot credit for the progress they’ve made.

You should know, however, that they are not necessarily there to help you and approve you and send you on your merry way. The important thing you understand is that they have a a job to do and that job does not always run side by side with your interests and what your objectives are in terms of getting, keeping, or regaining immigration status that you’re looking to achieve. And that’s where an Immigration Attorney comes in.
Not just “handy” to have, but very essential.

So, it’s important that you not take any chances and consult an Immigration Specialist. Someone who is familiar with the immigration laws, the cases, the statutes, the regulations, even the procedural protocols. For example, I practice in Southern California – San Diego USCIS officers protocol is somewhat different than those in Los Angeles, and they are different from those in San Bernardino, and so on, and so forth. San Francisco is different from all of them.

It is important to get an attorney who is familiar with the locality and the regional differences and the particular requirements that each jurisdiction has, with respect to the fillings, the documents,the procedures, the time frames, and even the dress codes for that matter! You may not need to dress too formally for a certain appearances in a certain jurisdictions. But in other places I might advice you to wear a suit coat without a tie and make sure your appearances pretty well-groomed, because I am familiar with the differences of these offices and jurisdictions.

It is important also for you to know that if you go to the USCIS for information, they are not always able or in the proper frame of mind to give you the information that’s accurate and what you’re looking for. It’s not that they’re necessarily out to deceive you or harm you, but you may just get someone that doesn’t know the law like an experienced immigration attorney does.

I do not recommend getting advice from anyone but a license attorney. For example, If you go to what’s called an “infopass” appointment with USCIS, and you go without an attorney, you most likely will not get very complete answers, and you’ll walk away having wasted of your time. If an immigration attorney goes for you, then they can guarantee you that you’re going to get useful information, because they know how to extract the information from the agencies.

The forms, also, are more complicated than ever. And if you end up checking the wrong box or submitting the wrong form, or fail to submit a required form”you’re in for a delay, and probably an emotionally draining and financially costly one as well.

An immigration attorney knows how to prepare this paperwork so that you achieve your goals, and I certainly recommend that you consult an Immigration lawyer who specializes and focuses exclusively in this area. I suppose going to your family wills and trusts attorney for immigration help would be like going to your family general practitioner for brain surgery.

It is very important that you take the extra time and care for yourself and your family to see someone who is an expert in immigration law.

Hopefully this is been helpful, and remember: know you rights before you undertake something as important as immigration law.

Us Immigration And Business Law E2 Visas And Company Incorporation

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

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

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

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

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

Citizenship and Immigration

For many Americans, their U.S. citizenship issued at birth is something they dont think twice about. But for applying immigrants, citizenship is a serious goal.

Hopefully most American natural born citizens understand that citizenship is one of the most greatly desired gifts this countrys government can bestow on its citizens. For those of us who have not had to go through the process of becoming a U.S Citizen apart from being naturally born here, there is only one other way to become U.S. citizens and that is by the often times-lengthy process of what is known as “naturalization”.

Naturalization can often times be a complicated process so you should consult with an immigration lawyer rather than attempting this yourself. Even something as simple as travel within the country or state is something that a person needs to know the rules about and this is where an Immigration lawyer is needed so that you have someone to ask questions such as “How long does it take for USCIS to issue work permission and travel permission?” or “When should I renew my work and travel permission?”

Learning about your new country and its rights and the responsibilities that accompany citizenship is an important part of being a good citizen and at the USCIS and the Office of Citizenship they have developed a great amount of resources and a variety of educational materials that allow immigrants to learn more about U.S. history and government as they prepare for the naturalization test.

A final thought on the naturalization process; in addition to finding good counsel and being represented by an immigration lawyer, there are general requirements that the USCIS will look for by those who look to make our great country their home, to name just a few: good moral character, a knowledge and understanding of U.S. history and government, and favorable disposition toward the United States.

K1 visa Vs Form I 130

Most people who wish to help their fiance(e) immigrate to US have a doubt on what form to file, whether K1 visa or Form I 130. It depends on the the length of the relationship, the supporting evidence, the number of times the sponsor or the petitioner has physically met their fiance(e), are few of the considerations to file the appropriate form.

Only the citizens of the US may file a K1 visa for a fiance(e). If you are a legal permanent resident you may then have to file Form I 130 to petition your spouse. A K1 visa is issued to the fiance(e) of a United States citizen to enter the US and marry the United Citizen within 90 days after the entry of the fiance(e) into US. A K3 visa is used by a US citizen to bring his or her spouse to the US. Form I 130 is used by a US Citizen or a legal permanent resident to petition his or her spouse for a green card.

The average waiting time for K1 visa is approximately 7-9 months, K-3 petitions take approximately 8-10 months and Form I 130 petitions take approximately 8-12 months to be processed.

What Form Must I File?

If you are a US Citizen and you wish to bring your fiance(e) to US to get married you must file K1 visa application. On approval of the petition by the US Citizen, the fiance(e) may travel to United States for a period of 90 days. A K-1 visa requires a fiance(e) to marry his or her US citizen sponsor within 90 days of entry into the United States. The fiance(e) may then obtain work permit to work in the United States. It is mandatory that the US Citizen and the fiance(e) must be married within the 90 days period , so that the fiance(e) will be eligible to apply to adjust status to a lawful permanent resident.

If you are a US Citizen and you wish to bring your spouse to US then you must file K3 visa application. You can apply for a K-3 visa for your spouse only after you have filed the I-130 petition. Your spouse can enter the US on a K3 visa while the I-130 is pending and must apply to adjust status to a permanent resident with the USCIS upon approval of the petition.

Form I 130 is used by either by a US Citizen or a Legal Permanent Resident to petition their spouse to immigrate to United States. This process is a lengthy process when compared to that of K1 and other processes.

A K1 visa holder will not be able work or leave the country until they apply for adjustment of status. When they file for adjustment of status, applications for employment and travel will also have to be filed. After 90 days of filing the petition, the spouse may be able to travel and work.

A K-3 visa is a multiple-entry visa and the spouse may travel out of the country. The K 3 visa holder must apply for an EAD/work permit and it has to be filed along with the adjustment of status application.

Once the adjustment of status application is approved, the applicant acquires legal permanent resident status. They may then obtain employment immediately and also travel outside the country.