Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

Where to find Pro Bono or Free Legal Services for Immigrants in Nebraska

5/22/2025

If you are an immigrant and looking for free or reduced fee legal help, you can inquire in your state Bar Association for local referrals. In different states, there are various resources available to you at no fee or reduced fee, based on your income. There are Hotlines and Free Legal Aid clinics for low-income individuals all over the country.

In addition, the Executive Office for Immigration Review (EOIR), Office of Policy, Public Resources Program (PRP) administers the List of Pro Bono Legal Service Providers or the “List."

The List contains information on non-profit organizations and attorneys who can help without a fee. The List also contains information on pro bono referral services that refer individuals in immigration court proceedings to pro bono counsel.

Here is the EOIR List.

MEANING OF "PRO BONO LEGAL SERVICES"
Pro Bono legal services are “those uncompensated legal services performed for indigent aliens or the public good without any expectation of either direct or indirect remuneration, including referral fees (other than filing fees or photocopying and mailing expenses).” 8 C.F.R. § 1003.61(a)(2).

RESOURCES IN NEBRASKA:

Free Legal Aid of Nebraska
https://www.legalaidofnebraska.org/
https://www.legalaidofnebraska.org/how-we-help/resources/immigrants/

Phone 402-348-1069

Phone (Toll-Free)1-888-991-9921

Nebraska Access
https://nebraskaccess.nebraska.gov/websites/legalaid.asp

Nebraska Free Legal Answers
https://ne.freelegalanswers.org/

Nebraska Low Income Legal Assistance
https://www.nefindalawyer.com/guide/59727ff7f36a56002e00039a/Low-Income-Legal-Assistance.html

Immigration Clinic in Lincoln, NE
https://law.unl.edu/immigration-clinic/

Catholic Charities of Omaha
https://ccomaha.org/immigration-legal-services/
For appointments at the St. Juan Diego Center please call 402.939.4615.

CLIA Center for Legal Immigration Assistance
https://www.clianeb.org/become-a-client

National Immigration Legal Services Directory for Nebraska:
https://www.immigrationadvocates.org/nonprofit/legaldirectory/organization.393089-Immigrant_Legal_Center_ILC
Phone:
(402) 898-1349
Toll-free:
(855) 307-6730

NILAH Nebraska Immigration Legal Assistance Hotline
https://ciraconnect.org/contact-us/
Phone 1-855-307-6730

Alien Registration Form G-325R and Evidence of Registration for Non-Citizens in USA

3/13/2025

The U.S. Department of Homeland Security (DHS) published Interim Final Rule (IFR) on March 12, 2025 requiring non-US citizens to register and be fingerprinted, if they have never been registered or fingerprinted, if they intend to remain in the U.S. for more than 30 days. The main purpose of the new requirement is immigration enforcement and removal.

DHS has also provided the procedure for completing the registration requirements. Form G-325R is available for filing online. Effective date is April 11, 2025.

The rule is based on the statutory requirement in the Immigration and Nationality Act (INA), Section 262, which requires all non-US citizens to register with the DHS and be fingerprinted. However, until now, there was no formal process to comply with the rule apart from mandatory fingerprinting while applying for a visa at U.S. Consulates/Embassies abroad and submitting certain applications for benefits or status to U.S. Citizenship and Immigration Services (USCIS).

With the IFR, the DHS has now specified the procedure to comply with the registration requirement for non-US citizens who are not nonimmigrants or Lawful Permanent Residents (“green card” holders). Nonimmigrants and green card holders can skip to the “What Should I Do?” section at the bottom of this Alert for specific instructions.

Non-US citizens not otherwise registered must create an account on the myUSCIS website and submit Form G-325R (Biographic Information – Registration), available only for online filing, to USCIS. Form G-325R requests information on the registrant’s name and other identifying information, current mailing address and physical address, 5 years of address history, arrival date and immigration history, planned activity in the United States, plans to depart the United States (if any), and criminal history (if any). The form also requests any current spouse’s name and identifying information (though not immigration status), as well as each parent’s name, date and place of birth, and current residence. Registrants can upload any supporting documentation they wish to provide through the system or provide any free text information they wish to provide.

Once Form G-325R is submitted, the IFR states that USCIS will provide an appointment for the registrant to appear at an Application Support Center to have their fingerprints taken, unless they fall into a category exempted from fingerprinting.

Non-US citizens are required to submit the form within 30 days of the publishing of this rule, so by April 12, 2025. There is currently no fee to submit the form, though USCIS is requesting comments on whether it should impose a $30 fee to recover the costs of operating the registration process.

Non-US citizens over the age of 18 are required to carry proof of their registration with them at all times. Proof of registration can be printed from the USCIS website once Form G-325R is completed online for those not required to be fingerprinted. If fingerprinting is required, proof of registration will be available in the person’s myUSCIS account once fingerprinting is completed.

Aliens who have already registered include:

Lawful permanent residents;
Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
Aliens whom DHS has placed into removal proceedings;
Aliens issued an employment authorization document;
Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
Aliens issued Border Crossing Cards.

Who is not registered?
Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:

Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

Foreign nationals who must register include:

All non-US citizens who were not registered and fingerprinted when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. This includes:
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration must now register if they intend to remain in the U.S. for 30 days or longer; however, fingerprinting will continue to be waived for Canadian visitors.
- Non-US citizen children below the age of 14 years of age who have not been registered and remain in the United States for 30 days or longer. Therefore, parents with children on H-4, F-2, O-3, and similar dependent statuses are now required to register their children, though the children will not need to submit fingerprints until they reach age 14.
- Persons who entered without inspection and who have not been fingerprinted in connection with any pending application for immigration benefits.
Any noncitizen, regardless of previous registration, who turns 14 years old in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday.
Green card holders who obtained their green cards under age 14 are required to register by filing Form I-90, to replace their green cards, and be fingerprinted, upon reaching age 14. They should file Form I-90 instead of Form G-325R.
Non-US citizens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), who were not issued evidence of registration, such as an employment authorization document, must register with Form G-325R.

Non-US citizens who have previously been registered and do not need to register:

Any non-US citizen or visitor from Canada in the U.S. for 30 days or less
All non-US citizens over age 14 who entered the United States with a nonimmigrant (temporary) visa or using ESTA after 2004, as they were registered and fingerprinted through their application for a visa and/or upon arrival in the United States. At all times, nonimmigrants should carry a printout of their Form I-94, Arrival-Departure Record from the CBP website as evidence of registration.
All green card holders (immigrants) who were over 14 years of age when they received their green cards have been registered and fingerprinted as part of the green card application process. Lawful Permanent Residents must carry their Permanent Resident (“green”) Card with them at all times as evidence of registration.

Penalties for Failure to Register and Failure to Carry Proof of Registration:
Non-US citizens who willfully do not comply with the registration and fingerprinting requirements are subject to criminal penalties, including a fine of up to $5000 or imprisonment for up to six months, or both. This penalty also applies to parents or guardians of those under the age of 14 who willfully fail to comply on behalf of their children. In addition, providing false information on the registration form is punishable under several criminal statutes, including imprisonment for up to 10 years for knowingly making a false statement under penalty of perjury in a document required by immigration laws and regulations.

What Should I Do?

Whether you are impacted by the new registration requirement depends upon your immigration status in the United States:

If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), you should consult with an attorney.
If you have a currently valid nonimmigrant status (F-1/F-2, H-1B/H-4, ESTA entry, etc.): Your nonimmigrant status, as evidenced by your I-94 printed from the CBP website, meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry a copy of your I-94 printout and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
If you are a Lawful Permanent Resident (including Conditional Permanent Resident) or “green card” holder: Your permanent resident status, as evidenced by your “green card,” meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry your Permanent Resident Card with you and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
If you are the parent of a child under age 14 who is either in nonimmigrant status (F-2, H-4, O-3, etc.), or who is a “green card” holder, you must register your child under this new procedure. You should create a myUSCIS account for each child in that child’s name and complete Form G-325R for that child. Once your child turns age 14, you should update their registration on Form G-325R (for nonimmigrants) or file Form I-90 to replace the child’s green card and be fingerprinted (for green card holders). If you have questions about the registration process for your children, you should contact an attorney.
If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), should consult an attorney.

STEP-BY-STEP GUIDE FROM USCIS:

Step 1: Create a USCIS Online Account
To register, you must first create a USCIS online account. See our How to Create a USCIS Online Account page for more information.
Each alien submitting Form G-325R must have their own individual USCIS online account. This includes aliens under the age of 14. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to set up an individual USCIS online account on your child’s behalf and in their name.
Step 2: Submit Form G-325R
Once you create your or your child’s (if you are the parent or legal guardian of an alien under 14 years of age) USCIS online account, fill out an electronic version of the Form G-325R, Biographic Information (Registration). Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.

Step 3: USCIS review of Form G-325R
Once you have submitted Form G-325R, USCIS will review the information you provided and any DHS records that are available about you. If it appears that you have already complied with the registration requirements in some other way and do not need to submit Form G-325R, USCIS will notify you that you have already complied with the registration requirement. If you have already registered as required under INA 262, USCIS will not schedule you for a biometric services appointment or provide you with evidence of registration. If it appears that you are required to register, USCIS will review your Form G-325R to determine if you are required to appear for a biometric services appointment. If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration (see Step 5 below).
Step 4: Attend appointment for biometrics collection
If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at one of our Application Support Centers (ASCs). Registrants are not required to pay a biometric services fee under the Interim Final Rule.
See our Preparing for Your Biometric Services Appointment for more information about what to expect.
A willful failure or refusal to attend your biometric services appointment (if required) may result in a determination that you have failed to register under INA 266(a), 8 U.S.C. 1306(a), and may result in criminal penalties.
Step 5: Receive registration documentation
Once you have registered and provided your biometrics (if required), we will post a notice (USCIS Proof of G-325R Registration) that provides proof of your registration to your USCIS online account. In your USCIS online account, you will be allowed to download a PDF version of the notice and can print it.

Read more about Alien Registration requirement here.

QandA: How a Lawful Permanent Resident Can Apply for a Green Card for Their Spouse Abroad?

12/4/2024

Q: I have been a permanent resident since 2023. What is the process for a green card holder to bring their new spouse from India to the USA after obtaining permanent residency?

A: Congratulations on your marriage!

1. File the I-130 petition for your spouse. It can be filed by mail, but it is better to file it online at myUSCIS (http://my.uscis.gov) website.
2. Wait until form I-130 is approved by USCIS.
3. Wait until your Priority date is current. NVC will notify you and create an online account before that.
4. Submit a visa application, form DS-260, online. Save a Confirmation Page (for the interview) and the application itself (for your records).
5. Prepare and submit form I-864, Affidavit of Support. Attach all required documents. Send some of them documents to your spouse.
6. Wait for a visa interview date to be scheduled. The NVC will email you.
7. Your spouse will attend a medical examination after the interview is scheduled.
8. Your spouse will attend an immigrant visa interview at the US embassy or consulate in their home country.
9. If/when a visa is issued, you will pay the final Green Card fee of $235 online to USCIS, and your spouse can travel to the USA. An immigrant visa is usually valid for 6 months or less.
10. Once arrived in the US, she/he becomes a permanent resident. A green card and a social security card will be mailed to your or your attorney’s address within 2–3 months.

P.S. If you obtained your residency (aka green card) through a marriage to a US citizen, you should consult an attorney before starting the process for your new spouse.

If you need legal advice or help, please email or schedule a consultation with an attorney, please email or use our online scheduler at Calendly.com/lubasmal

Applying for U.S. Citizenship After 3 Years After I-751 Waiver Approved Based on Abuse VAWA

8/10/2022

Question:
I filed an I-751 application by myself without my abusive US citizen husband's help or signature. My I-751 petition to remove conditions from residency was recently granted on the basis of abuse and extreme cruelty by U.S. citizen spouse. I received my 10-year green card card. I have been an permanent resident for more than 3 years.

Can I apply for U.S. citizenship through naturalization after just 3 years, instead of waiting for additional two years?

Могу ли я подать заявление на американское гражданство через 3 года после первой грин карты, если моя постоянная 10-летняя грин карта была недавно утверждена на основании моей петиции, которую я подала без участия мужа на основании домашнего насилия? Я была резидентом более 3-х лет и не хотелf бы ждать еще два года.

Answer:
Yes, you can! If you filed your I-751, Petition to Remove Conditions from Residency by yourself as a waiver based on abuse and extreme cruelty, it was the only basis for a waiver, and your application was approved. It means that you can submit your N-400 Application for Naturalization after three years instead of five years.

I recommend that you consult an attorney to review your I-751 petition and naturalization eligibility to make sure that you are eligible.

Да, вы можете подать на гражданство после 3-х лет ЕСЛИ ваша петиция I-751 была подана и утверждена на основании только одного основания "домашнее насилие со стороны мужа-американца".

Перед тем как подавать на гражданство через 3 (а не 5 лет), проконсультируйтесь с адвоктом, чтобы убедиться, что вы соответствуете требованиям закона.

Сам закон внизу из Руководства офицеров иммиграционной службы США.

What the law says:

INA sec 319(a) and USCIS Policy Manual Chapter 3 - Spouses of U.S. Citizens Residing in the United States

F. Eligibility for Persons Subjected to Battery or Extreme Cruelty1. General Eligibility for Persons Subjected to Battery or Extreme CrueltyOn October 28, 2000, Congress expanded the provision regarding naturalization based on marriage to a U.S. citizen for persons who reside in the United States. The amendments added that any person who obtained LPR status as the spouse, former spouse, or intended spouse[13] of a U.S. citizen who subjected him or her to battery or extreme cruelty may naturalize under this provision.[14]
Specifically, the person must have obtained LPR status based on:

An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning spouse of an abusive U.S. citizen;
An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning spouse of an abusive LPR, if the abusive spouse naturalizes after the petition has been approved;[15] or
Special rule cancellation of removal for battered spouses and children in cases where the applicant was the spouse, or intended spouse of a U.S. citizen, who subjected him or her to battery or extreme cruelty.[16]

A person is also eligible for naturalization under the spousal naturalization provisions if he or she had the conditions on his or her residence removed based on:

An approved battery or extreme cruelty waiver of the joint filing requirement for Petition to Remove Conditions on Residence (Form I-751), for a conditional permanent resident, if the marriage was entered into in good faith and the spouse was subjected to battery or extreme cruelty by the petitioning citizen or LPR spouse.[17]

2. Exception to Marital Union and U.S. Citizenship Requirements for SpousesA person subjected to battery or extreme cruelty by his or her U.S. citizen spouse is exempt from the following naturalization requirements:[18]

Married to the U.S. citizen spouse at the time of filing the naturalization application;
Living in marital union with the citizen spouse for at least 3 years at the time of filing the naturalization application; and
Applicant’s spouse has U.S. citizenship from the time of filing until the time the applicant takes the Oath of Allegiance.[19]

The spouse must meet all other eligibility requirements for naturalization.[20]

2005 USCIS Memorandum is here.

How to Report Immigration Scams

7/28/2022

Often we talk to someone who was a victim of immigration scam. For example, a notary (notario) helped to complete immigration paperwork and apply for immigration benefits that the person was not eligible for, of submitted a frivolous application for political asylum, which contained false information and was later denied. Or assisted in commuting "marriage fraud" to numerous other clients, and an innocent couple who was assisted by the same "notario" got their case denied and placed under investigation.

Please remember that in the United States only a licensed attorney (a lawyer) is authorized and qualified to give you legal advice, help with your immigration applications, forms, etc.

A Notary Public is not an attorney. To become a notary, a person has to pass a simple test, but doesn't have to be a lawyer, doesn't even need a college degree! (It is very different in Russia, Belarus, Kazakhstan, Ukraine, Europe or Latin America, which is why it is confusing to immigrants from those countries).

For convenience of their clients, many lawyers also hold a license of a Notary Public in their state. However, these lawyers are licensed attorneys.

Please do not be fooled by people who offer to help with your immigration paperwork for "reduced fee". Or offer your "free legal advice". As they say, free is only the cheese in the mousetrap.

How to report scam to USCIS: https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/report-immigration-scams

Reporting immigration scams will not affect your immigration application or petition.
Please help stop the unauthorized practice of immigration law by standing up to scammers and reporting them. Also, many states allow you to report scams anonymously.

How to Report Immigration Scams

Report the scam to your state consumer protection office. See the table below for state-specific information.
If you lost money or other possessions in a scam, report it to your local police, too. To learn more about where to report fraud and scams, visit USA.gov’s Common Scams and Frauds webpage.
You can always report scams to the Federal Trade Commission. In the table below, we've included information on where to report scams in your state and links to the laws that protect you as a consumer.
Scam Websites and Social Media AccountsSome websites and social media accounts claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. To report a website or social media account that claims to be affiliated with USCIS, send an email to [email protected].

Briefly in Russian:

Нередко нам приходится помогать людям, которым до нас "помог" нотариус или "иммиграционный консультант", и в результате испортил их шансы на получени грин карты и гражданства.

В США нотариусы не имеют право оказывать юридические услуги, в том числе иммиграционные услуги, такие как подача заявления на полит убежище и разрешение на работу. Для оказания таких услуг нужна лицензия адвоката (а не нотариуса).

В США нет иммиграционных консультантов (как в Канаде, например), которые в тоже время не являются юристами. В США только юрист может быть адвокатом и оказывать юридические услуги, в том числе иммиграционные услуги.

Если вам так "помогли", вы можете пожаловаться властям штата или федеральтным органам власти. Это не будет использовано против вас, но сможет остановить такого "помощника".

Информация от USCIS по линку.

Информация по отдельным штата тут по линку - State consumer protection.

Будьте осторожны и всего доброго!

USCIS Local Field Offices are Closed Until April 7, 2020, will be extended. Our Law Office is Open.

3/19/2020

During COVID-19 pandemic, our virtual online immigration law office remains OPEN.

A phone or video conference appointment with an attorney can be scheduled by emailing us.

On March 18, 2020, the United States Citizenship and Immigration Services announced the temporary closure of its local field and asylum offices as well as its application support centers. The closure will remain in effect until at least April 1, 2020.

On March 25th, temporary closure of USCIS local offices was extended to April 7th 2020, unless the public closures are extended further. This includes interviews, naturalization ceremonies and biometric collection appointments. However, USCIS will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.
USCIS field offices will send de-scheduling notices to applicants and petitioners with scheduled appointments impacted by the public closure. USCIS will also send de-scheduling notices to naturalization applicants scheduled for naturalization ceremonies, and will reschedule all applicants when USCIS resumes normal operations.

USCIS will post and update COVID-19 information here.

However, USCIS Service Centers remain open and cases are being processed.

We will continue to file new petitions with USCIS as well as continue to meet all deadlines. At this time, USCIS has not modified any deadlines or filing requirements.

We will continue to monitor and provide updates at https://law-visa-usa.com/blog-usa-immigration-law-updates.html

VAWA Violence Against Women Act and Self-Petition I-360

9/12/2019

This Friday, September 13, 2019, marks the 25th anniversary of the Violence Against Women Act (VAWA), when Congress created the first real protections for immigrant survivors of domestic violence in this country. Since then, hundreds of thousands of immigrant victims have come out of the shadows. Now the Administration is systematically dismantling these protections.

The Violence Against Women Act of 1994 (VAWA) was a United States federal law by President Bill Clinton on September 13, 1994 (codified in part at 42 U.S.C. sections 13701 through 14040). The Act provided $1.6 billion toward investigation and prosecution of violent crimes against women, imposed automatic and mandatory restitution on those convicted, and allowed civil redress in cases prosecutors chose to leave un-prosecuted. The Act also established the Office on Violence Against Women within the Department of Justice.

VAWA was drafted by the office of Senator Joe Biden (D-DE) and co-written by Democrat Louise Slaughter, the Representative from New York.

VAWA was reauthorized by bipartisan majorities in Congress in 2000 and again in December 2005. The Act's 2012 renewal was opposed by conservative Republicans, but it was reauthorized in 2013, after a long legislative battle.

As a result of the United States federal government shutdown of 2018–2019, the Violence Against Women Act expired on December 21, 2018. It was temporarily reinstated via a short-term spending bill on January 25, 2019, but expired again on February 15, 2019. The House of Representatives passed a bill reauthorizing VAWA in April 2019; the bill, which includes new provisions protecting transgender victims and banning individuals convicted of domestic abuse from purchasing firearms, has been ignored by the Senate.

We specialize in VAWA self-petitions since 2004. To contact an attorney to schedule a consultation, please email us.

How to Apply for a Fiancee K-1 Visa

12/17/2018

What is a fiancée K-1 and K-2 visa? Who can apply? What is the process, timeframes and the costs?
The fiancée K-1 nonimmigrant visa is for the foreign national fiancée of a United States citizen. Only a U.S. citizen can petition for his or her foreign fiancée. A U.S. citizen can file a fiancée visa petition only after they have met in person in the previous two years: meeting each other online or through a video chat or messenger is not enough. The purpose of a K-1 visa is for foreign citizen fiancée to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
The foreign fiancee will then apply for adjustment of status (aka “green card”) with the USCIS at the Department of Homeland Security. This is a separate legal process.
K-1 visa is a non-immigrant visa. However, because a fiancée visa is intended to help a foreign national to immigrate to the U.S. and allows him or her to apply for a green card after marriage to a U.S. citizen petitioner shortly after arrival in the United States, the fiancé(e) must meet most of the requirements of an immigrant visa.
K-2 visa is a fiancée visa for eligible children of K-1 visa applicant (unmarried children under 21).
As of 12/2018, current processing times are approx. 5 to 7 months for a I-129F Petition, plus additional 3 to 6 weeks for the NVC stage, plus additional 1-3 months for a visa application process (varies depending on a Consulate and your own readiness).

The First Step: Filing the Petition, USCIS Form I-129F
(1) The U.S. citizen fiancé, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS. Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
(2) When USCIS approves the I-129F petition, it is sent to the National Visa Center (NVC). The NVC will assign a new a case number and directly forward the approved fiancée visa petition to the U.S. Embassy or Consulate where a foreign fiancée will apply for a visa.

The Second Step: Applying for a Visa
The NVC will mail a letter with a new case number after it sends a fiancée visa case to the U.S. Embassy or Consulate. Once you receive this letter, it is time to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 visa applicants may apply for K-2 visas. Children are included into the I-129F petition. However, separate visa applications and visa fees are required for every child.

Required Documentation The foreign national fiancée and eligible children applying for K-2 visas will be required to bring the following forms and documents to the visa interview:

Completed Form DS-160, Nonimmigrant Visa Application. Each K-1 and K-2 visa applicant must: (1) complete Form DS-160 online, (2) pay a visa fee, and (3) print the DS-160 confirmation page to bring to a visa interview.
A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S.
Divorce or death certificate(s) of any and all previous spouse(s) for both you and the U.S. citizen petitioner.
Police certificates from your home country and all other countries where you have lived for six months or more since age 16 (Police certificates are also required for a foreign fiancée and all accompanying children age 16 or older)
Medical examination (for K-1 and K-2 visa applicants)
Evidence of financial support (Form I-134, Affidavit of Support, and proof of sponsor’s employment and income usually are required). There is no extra fee for the Form I-134. For a fiancée visa, the Affidavit of Support, Form I-134, is required. There is another Affidavit of Support, Form I-864, which will be required later, when you apply for a green card after marriage. The forms are different. The income requirements are also different. When submitting the Affidavit of Support, Form I-134, you need to show that your U.S. sponsor's income is 100 percent of the federal poverty guideline. When submitting the Affidavit of Support, Form I-864, the sponsor must be able to demonstrate that his or her income is at least 125 percent of the federal poverty guideline minimum income requirement. If you estimate that both K-1 visa and a green card will be applied for during the same tax year, you should plan and gather all required documentation in advance.
Evidence of relationship with your U.S. citizen fiancée, which is very important at the last stage, as well as at the first stage.

The consular officer may ask for additional information, such as photographs, chat logs, emails and other proof that the relationship with your U.S. citizen fiancé(e) is genuine and real. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview legible photocopies of civil documents and translations, such as birth and divorce certificates.

Fees

Government filing fees are subject to change (as of 12/2018, the fees are as follows):

US$535 -- Filing fee for an Alien Fiancé(e) Petition, Form I-129F
US$265 -- Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)
Medical examination fee, paid directly to a designated clinic (required for each K-1 and K-2 visa applicant) – costs vary, please check with the U.S. embassy in the country where a fiancée will apply for a visa
Other costs may include translation and notarization charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.). Costs vary from country to country.
US$1,225 -- Filing Form I-485, Application to Register Permanent Residence or to Adjust Status. Your spouse will submit this application after marriage. There could be additional applications filed concurrently: Application for a work permit and Application for advance parole. These applications are optional, but could be advisable.
Legal fees – we charge flat fee which could vary from case to case, depending on difficulty and the number of dependents. Please contact attorney for a case evaluation, and we will gladly give you a quote.

To ensure that your application is accepted and not rejected, the most current edition of the form must be submitted, accompanied by a correct filing fee. It is recommended that you check the most current edition of every application and the most current filing fees at USCIS and Department of State websites shortly before applying.

Please note that the approved I-129F petition is valid for four (4) months from the date of approval by USCIS. However, a consular officer can extend the validity of the petition if it expires before visa processing is completed.

Certain conditions and activities can make a visa applicant ineligible for a visa. Examples of these ineligibilities include: certain criminal records; overstaying a previous visa in the U.S.; submitting fraudulent documents; previous deportation or removal order, or voluntary departure; failure to prove bona fide fiancée relationship; etc. If you are found to be ineligible for a visa, the Consular Officer will advise you whether there is waiver of the ineligibility and what the waiver process is.

After your K-1 Fiancé(e) Visa was approved, you will generally wait 5 to 7 business days to pick up your passport, a visa, and a sealed packet containing the documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.
If you have children who received K-2 visas, you will either travel together or your children holding K-2 visas will have to follow you to the U.S.

Please note that K-1 and K-2 visas are valid for a single admission to the United States within the validity of the visa, which will be a maximum of 6 months from the date of issuance.

It is advisable not to purchase the tickets, not to sell real estate and business abroad until after a K-1 visa has been approved and issued. In order to limit the risk even more, some of other clients preferred not to sell their apartments, cars, businesses until after they became lawful permanent residents of the United States.

Please note that you must either marry your U.S. citizen fiance within 90 days of your entry into the United States, or depart the U.S. before the expiration of the 90-day period of admission. If not married within the 90-day window, or married within 90 days, but didn’t apply for a green card, if you wish to stay in the United States and apply for a green card, contact a competent immigration attorney for legal advice.

If you would like to schedule a telephone consultation or need help, please contact attorney for a case evaluation, and we will gladly give you a quote and advise you.

Please see below a few brief videos: Part 1, Part 2 and Part 3.

Information and videos in Russian can be found here.

Employment-based Adjustment of Status Interviews Update

12/7/2017

On August 28, 2017, USCIS had announced a new policy (effective date 10/02/2017) requiring all adjustment of status applicants seeking employment-based green cards to appear for an interview at a USCIS field office. The adjustment of status application is the final step in the green card process for foreign non-immigrant employees looking to move to permanent resident status.

Prior to this change, which went into effect on October 2, 2017, USCIS required interviews in only 5 to 10 percent of all employment-based adjustment cases.

The new policy applies to all Form I-485 adjustment of status applications filed on or after March 6, 2017, where the underlying immigrant petition is an employment-based Form I-140 (EB-1, EB-2, and EB-3). The USCIS has indicated that adjustment cases filed prior to March 6, 2017, will be adjudicated in accordance with previous procedures.

Because thousands of extra interviews will be conducted annually, there will be additional delays in the processing of these employment-based adjustment applications. USCIS has estimated that these applications will ultimately account for approximately 17 percent of the USCIS’s entire field operations workload. As a result, the change will impact the processing times for all other types of USCIS filings, such as family-based adjustment applications and naturalization cases.

What Should the Applicant Expect at the Interview? (based on the stats for October-November 2017)
The applicant could be asked about almost anything.

Any information provided on the Form I-485 (review the copy of the form I-485, and be prepared to answer questions).
Issues relating to the applicant’s eligibility or admissibility, such as any arrests or misrepresentations made to an immigration officer (talk to your attorney if you ever had a DUI, arrests, domestic violence protection order filed against you, charges that were later dismissed, convictions, lied on the application, worked without authorization, etc).
The applicant’s entire immigration history, particularly whether the applicant has properly maintained his non-immigrant status (if you worked without authorization while in a student status, etc)
Family members applying as derivative to the employment-based principal applicant should anticipate questions about their relationship to the principal and the bona fides of that relationship (similar to a family-based green card interview).

If the field officer conducting the interview is not satisfied with an applicant’s answers and believes that an applicant is not eligible for adjustment, the Form I-485 can be denied, or a RFE (request for evidence) could be sent, or NOID (notice of intent to deny) could be issued.

Will the Field Officer Re-Adjudicate the Form I-140? USCIS has said that the interviewing field officers have been instructed not to re-adjudicate the underlying Form I-140. However, the agency has also made clear that the officers will be charged with assessing the validity of the documents used to approve the Form I-140 petition to ensure that the supporting evidence was accurate and credible. If the officer determines that that evidence is not credible, he can recommend that the Form I-140 be revoked by the service center that originally issued the approval (officer can send I-140 for revocation back to USCIS Service Center which originally approved the petition).

It is important that the applicant understands the basis for the Form I-140 petition and be prepared to articulate at the interview how his employment qualified for approval. The applicant should review the Form I-140 petition and any underlying PERM application in advance and address any tricky issues with the employer or counsel. The applicant will almost certainly be questioned about the job for which he was sponsored as well as about his own educational background and work experience. This new requirement could present a challenge because I-140 is an employer's petition, and applicants don't usually have an access to the form I-140, PERM, etc.

An attorney can prepare the applicant on what to expect during the interview, and coordinate with the employer and the applicant to make sure that the applicant takes the appropriate documentation to the interview, knows what I-140 and PERM was about, has a copy of his I-485 form, has clean criminal record and no status violations, etc. The adjustment of status interview notices that are currently being sent to applicants are generic and confusing because they include a list of the documents that do not even apply in employment-based cases.

Beware of Common Immigration Scams

12/7/2017

Form I-9 Scams.

USCIS had recently warned about a new scam, targeting employers. Employers received scam emails requesting Form I-9 information that appear to come from USCIS.

Please note that employers are not required to submit Forms I-9 to USCIS. Employers must have a Form I-9, Employment Eligibility Verification, for every person on their payroll who is required to complete Form I-9. All of these forms must be retained for a certain period of time. Visit I-9 Central to learn more about retention, storage and inspections for Form I-9.

These scam emails come from a fraudulent email address: [email protected]. This is not a USCIS email address. The body of the email may contain USCIS and Office of the Inspector General labels, your address and a fraudulent download button that links to a non-government web address (uscis-online.org). Do not respond to these emails or click the links in them.

If you believe that you received a scam email requesting Form I-9 information from USCIS, report it to the Federal Trade Commission.

If you are not sure if it is a scam, forward the suspicious email to the USCIS webmaster. USCIS will review the emails received and share with law enforcement agencies as appropriate.

Payments by Phone or Email

USCIS will never ask you to transfer money to an individual. They do not accept Western Union or PayPal as payment for immigration fees. In addition, USCIS will never ask you to pay fees to a person on the phone or by email. You can pay some immigration fees online only if you use myUSCIS.
Remember:

When you send your application by mail, pay your immigration fees with a check or money order. Write “Department of Homeland Security” on the “Pay to the Order of” line.
Applying for U.S. citizenship? You can now pay fees for Form N-400, Application for Naturalization, with a credit card. To pay Form N-400 fees with a credit card, you will need G-1450, Authorization for Credit Card Transaction
You can also pay with a credit card in any domestic field office that accepts payments. You can learn more on our Paying Immigration Fees Web page

Winning the Green Card Lottery

The U.S. Department of State (State Department) manages the Diversity Visa Program, also known as the Lottery Visa or Green Card Visa. The State Department will never email you about being selected in the Diversity Immigrant Visa Program.
Go to the State Department’s website to read more about how they notify selectees.

Scam Websites

Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure the website address ends with .gov.

Please remember that USCIS will never ask you to pay to download USCIS forms. USCIS forms are always free on uscis.gov website.

Scams Targeting Foreign Students.

If you are an international student outside of the U.S. and want to come to the U.S. for education, make sure you are applying to an accredited college or university. Look for your school on the Council for Higher Education web page.

You must have a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to travel. After you are accepted into a Student and Exchange Visitor Program (SEVP)-certified school, a designated school official will either give you:

Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status –For Academic and Language Students, or
Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status –For Vocational Students

Schools that are not accredited cannot sponsor you for an F-1 student visa.
Additional information on the Form I-20 is available on DHS’ website studyinthestates.dhs.gov or on our website on the Students and Employment page.

“Notarios Públicos” Scam

In many Latin American countries, the term “notario publico” (which is Spanish for “notary public”) means something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special "extra" legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. A notario publico is not an attorney, and is not authorized to provide you with any legal services related to immigration. Some attorneys might be notaries, but not all notaries are attorneys. Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice.

Read more here.

DHS Starts Collecting Social Media Accounts of Immigrants and US Citizens: Privacy Rights and Freedom of Speech

9/26/2017

Alarming news for privacy rights and freedom of speech: DHS is planning to collect social media information on all immigrants, including permanent residents and naturalized citizens, who are American citizens, by the way. This would also affect many US citizens who communicate with immigrants ( e.g. attorneys, immigration lawyers, translators, certain law enforcement officials, civil surgeons, etc).

The new rule takes effect October 18, 2017.

This is a part of a larger process of high-tech surveillance of immigrants and people being subjected to social media screening. This is a growing trend at the DHS, which is viewed by many as an invasion of privacy and freedom of speech deterrent.

The rule was published in Federal Register and takes effect on October 18, 2017.

Additional categories of people whose social media accounts will be collected by DHS are:

--Civil Surgeons who are required to conduct and certify medical examinations for immigration benefits; and
--Law enforcement officers who certify a benefit requestor's cooperation in the investigation or prosecution of a criminal activity (for U visa);
--Preparers assisting an individual seeking an immigration benefit or agency action under the INA;
--Interpreters assisting an individual seeking an immigration benefit or agency action under the INA;
--Attorneys, lawyers or representatives recognized by USCIS or accredited by the BIA; or
--Law enforcement officers who certify a benefit requestor's cooperation in the investigation or prosecution of a criminal activity.

See rule here, and read more here.

USCIS Alerts: Immigration Services Available to People Affected by Hurricane Harvey in Houston, TX

8/30/2017

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.

The following measures may be available on a case-by-case basis upon request:

Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
Re-parole of individuals previously granted parole by USCIS;
Expedited processing of advance parole requests;
Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited adjudication of employment authorization applications, where appropriate;
Consideration of fee waivers due to an inability to pay;
Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
Assistance if you were unable to appear for a scheduled interview with USCIS;
Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

Note: When making a request, please explain how the impact of Hurricane Harvey created a need for the requested relief.

To learn how to request these measures or determine if an office is open, call the National Customer Service Center at 800-375-5283.

If you require assistance, please don't hesitate to contact our office at email.

NY State to Provide Free Lawyers to Detained Immigrants Facing Deportation in Immigration Court

4/13/2017

State of New York becomes first in the nation to provide FREE lawyers for ALL DETAINED immigrants who are facing deportation.

New York has become the first state in the United States to ensure that no immigrant is deported and permanently separated from his family solely because of the inability to afford a lawyer.

Without lawyer's assistance, only 3% of detained and unrepresented immigrants avoid deportation (and 97% are deported), but providing public defenders can improve an immigrant’s chance of winning and remaining in the United States, if an immigrant is eligible for residency or other forms of relief.

The newly created Liberty Defense Project's annual budge is $11.5 million, which is partially funded by the state of NY (US$10 million) and by private funds (Carnegie Corporation and Ford Foundation).

A statewide coalition of 182 advocacy organizations, 14 law schools, 21 law firms and 14 bar associations will be coordinated by the State’s Office for New Americans to provide pro bono legal services to immigrants. More than 200 experienced attorneys and paralegals will volunteer their time and work together so that immigrants are better aware of their legal options and are provided greater access to representation.

The Vera Institute Universal Representation of Immigrants Facing Deportation project.

Read more here.

In Russian:

Штат Нью Йорк первый в США вводит новую программу, Liberty Defense Project, по которой ВСЕ иммигранты, задержанные иммиграционной полицией и находящиеся в заключении до суда, с делом переданным на депортацию в иммиграционный суд, будут иметь право на БЕСПЛАТНОГО иммиграционного адвоката.

По статистике только 3% из иммигрантов, не имеющих адвоката в делах о депортации в иммиграционном суде, могут успешно убедить судью и остаться в США (а остальные 97% депортируют). Согласно данным проекта Сиракузского университета TRAC, 98.5% женщин с детьми без адвоката в США были депортированы.

Штат Нью Йорк первый в США предложил такую программу для того, чтобы предоставить шанс и реальную возможность защиты своих интересов по принципу due process тем иммигрантам, у кого нет денег нанять своего адвоката. Это поможет предотвратить депортации тем, кто может остаться в США по воссоединению с семьей, по полит убежищу и т.п.

Этот новый проект назвали Проектом защиты свободы (Liberty Defense Project). Средства на финансирование организации идут частично из бюджета штата (10 миллионов долларов), и из корпорации Карнеги (Carnegie Corporation) и фонда Форда (Ford Foundation). Частные корпорации выделили дополнительно $1.5 миллиона, так что в настоящий момент общая сумма проекта составила $11.5 миллионов.

Проект Защиты Свободы будет работать с 182 адвокатскими группами, а также с 14 юрфаками, 21 юридическими фирмами и 21 ассоциаций адвокатов для предоставления адвокатов иммигрантам.

Кроме The Vera Institute, финансирование в рамках проекта помощи иммигрантам получат Латиноамериканская федерация (Hispanic Federation), Католическая благотворительная общественная служба в Нью-Йорке (Catholic Charities Community Services Archdiocese of NY), Нью-Йоркская иммиграционная коалиция (New York Immigration Coalition), Коалиция Северного Манхэттена за права иммигрантов (Northern Manhattan Coalition for Immigrants Rights) и организация Empire Justice Center.

Следует помнить, что это пока возможно только в штате Нью-Йорк, и только для тех иммигрантов, кто задержан или арестован ICE.

#immigration #immigrationlawyer #freeimmigrationlawyer #attorney #immigrationattorney #freeimmigrationattorney #deportation #removal #NY #LibertyDefenseProject

I-601A Provisional Waiver Update: How to Avoid Rejection

3/23/2017

In recent months, we have heard from many people whose applications for a provisional waiver, I-601A, were rejected for some technical and easily avoidable reason. USCIS had reported that they have seen an increase in rejections of Forms I-601A, Application for Provisional Unlawful Presence Waiver.

Please remember that if you are requesting a provisional unlawful presence waiver, you must file the current version of Form I-601A with the proper fee(s) and in accordance with the form instructions.
When submitting Form I-601A, please make sure you:

Submit the most current version of Form I-601A (update 04/2019: current edition is 02/13/2019)

Complete all required fields and sign the form.
Submit the proper filing fee of $630.(as of 2017). If you are younger than 79, you must also pay $85 for biometric services (for I-601A)

Also, you must submit:

A printout from the Electronic Diversity Visa Entrant Status Check page at dvlottery.state.gov confirming that you are a DV Program selectee or derivative

or

The U.S. Department of State (DOS) National Visa Center immigrant visa processing fee receipt showing you have paid the fee in full.

Note: Documents such as the Immigrant Visa Application Processing Fee Bill Invoice, Affidavit of Support (AOS) Fee receipt or a receipt showing the payment is in process are not accepted and could cause delays in processing your case. You must provide a proof that you paid the immigrant visa fee and the payment was processed.

To ensure that you application is approved, it is your burden, as an applicant, to provide sufficient evidence of extreme hardship, relationship and other supporting documents.

These are all issues that are easy to correct. Do not place yourself in the situation where your application is rejected for a silly and easily avoidable reason, or denied for lack of evidence and supporting documentation. If you need legal advice, want to schedule a consultation or want to hire an attorney, please email us and we will get back to you to schedule the best time to talk on the phone or video chat.

Previously, we posted additional information about filing a provisional waiver application on our blog here, and here and linked to the ILRC practice advisory here. USCIS Practice Manual is here.

Briefly in Russian:

Напоминание о том как избежать отказа в заявлении на вейвер, по английски extreme hardship waiver USCIS форма заявления I-601 и provisional waiver USCIS форма заявления I-601A.

Используйте самое последнее и действительное издание формы. В настоящее время (04-2019) это издание, датированное 13 февраля 2019 г.
Перед подачей заявления обязательно проверьте правильную ли форму вы заполнили и уточните сумму госпошлины.
Приложите чек на правильную сумму за форму I-601A. В настоящее время госпошлина составляет 630 долларов, плюс 85 долларов за отпечатки пальцев, если вам нет 79 лет.
Заполните все графы и ответьте правильно на все вопросы в заявлении.
Приложите все сопутствующие документы и доказательства. Именно для этого, чтобы правильно организовать и представить ваши доказательства, разумно проконсультироваться или нанять адвоката для помощи в ведении дела. Мы оказываем услуги по вейверам и предоставляем платные консультации тем клиентам, кому нужен совет адвоката. Для того, чтобы назначить время и дату консультации, свяжитесь с нами по электронной почте.
Помните - это ваша обязанность доказать, что вам должны утвердить вейвер. Вам не обязаны утвердить, а могут утвердить ваше заявление на вейвер, ЕСЛИ вы докажете, что "more likely than not" ваш родственник будет в экстремальной ситуации если вам не дадут вейвер и не разрешат вернуться в США. Стандарт в таких делах - preponderance of the evidence.
Помните, что ваши дети не являются теми родственниками, на ущерб которым вы опираетесь в своем заявлении. Вашим родственником может быть муж, жена, отец, мать - американские граждане или постоянные жители США (но не дети). У вас может быть более одного родственника. Родственник, ущерб которому вы описываете, может быть другой, не тот, кто подал на вас петицию I-130.
Вы обязаны приложить доказательство того, что вы уже оплатили пошлину за иммиграционную визу или же распечатать уведомление о том, что вас выбрали как победителя лотереи грин карт.
В последние несколько лет произошли большие изменения в области вейвера I-601 и I-601A. За время новой администрации с 2017 года пока не было никаких существенных изменений в этой области иммиграционного права.
Перед подачей, убедитесь, что вам нужен вейвер, что у вас есть соответствующий родственник, что вы соответствуете стандарту на вейвер и что у вас достаточно доказательств, и вы сможете грамотно аргументировать почему вам должны утвердить вейвер. Также убедитесь, что вы не подпадаете под "permanent bar", так как в этом случае вам вейвер не положен. Помните, что теперь получение вейвера возможно во всех семейных категориях, не только в категории immediate relative но и во всех family preference categories.
Если вам нужен совет и помощь адвоката, вы можете связаться с нами по этому адресу или нажмите линк внизу. Мы вам вышлем анкету и затем договоримся и времени и дате телефонной консультации.

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Latest Asylum Denial Rates for Each Immigration Court Judge TRAC

11/11/2016

TRAC, Nov. 10, 2016 -

TRAC has just published the ninth in its long running series of reports covering each Immigration Judge's decisions on asylum cases. The latest report series consists of 268 separate reports and includes each Immigration Judge who decided at least 100 asylum cases between FY 2011 and FY 2016.

Each individual report provides a short biography for that judge, along with details on the judge's overall denial rates during this six year period. Separate charts provide a time series view of the judge's decisions year-by-year, along with a comparison of the judge's denial rate as contrasted with the rate for the nation as a whole, along with a comparison with just those judges sitting on the same court.

Some judge's asylum denial rate could be as low as 30%, while another judge's denial rate could be almost 100%.

For example, in 2016, Omaha, Nebraska Immigration Court asylum denial rate is approx. 80%. Average national denial rate is approx. 50%.

To see any particular Judge's denial rate statistics, use the drop down menu.

Reasons for judge-to-judge differences in asylum denial rates are highlighted including whether the asylum seeker was represented or not, and the countries from which these individuals came. This is contrasted with patterns for the United States as a whole. Information presented is current through the end of September 2016.

To view a particular judge's report, go to:
http://trac.syr.edu/immigration/reports/judgereports/

For an index to the full list of TRAC's free immigration tools go to:
http://trac.syr.edu/imm/tools/

Submitting fraudulent asylum application is a serious federal crime of immigration fraud

8/30/2016

A case from New York: a couple of immigration attorneys, paralegals and other office workers in three law firms in NY were convicted in 2014 for a conspiracy to commit immigration fraud pursuant to 18 U.S.C. § 371. The group was a part of a multi-year conspiracy helping Chinese clients to submit fraudulent asylum applications to federal immigration authorities.

In 2015, the Second Court of Appeals upheld the convictions.

This is the most widely-spread kind and unethical kind of immigration fraud. Stay away from the lawyers or "consultants" who offer to help to prepare and submit on your behalf any fraudulent immigration application, petition or form. Never sign any blank immigration forms. Beware of immigration fraud. It can end in a criminal conviction, deportation to follow and other serious consequences.

Briefly in Russian: Несколько адвокатов, юристов, помощников адвоката и сотрудников 3-х юридических фирм в Нью-Йорке были признаны виновными и приговорены к тюремному заключению от 1 года до 4 лет за оказание "услуг", заключающихся в подготовке обманных заявлений на политическое убежище для клиентов из Китая. Они составляли заведомо ложные заявления, придумывали истории своим клиентам, разучивали с ними истории преследования и тренировали их как отвечать на вопросы, чтобы убедить офицера в asylum office или судью в реальности их выдуманных историй, с целью получения политического убежища и затем вида на жительство, и гражданства США.

Держитесь подальше от адвокатов, фирм и "консультантов" или "нотариусов", которые предлагают такие нелегальные и неэтичные услуги. Помните, что и для них и для вас это может закончится печально: судимость, тюремное заключение, депортация и т.п. Такие преступные группировки существуют во многих штатах, не только в Нью-Йорке. За многими из них следит ФБР и сотрудники Департмента Гос Безопасности DHS.

Помните, что поодача заведомо ложного или обманного заявления на политическое убежище или другого иммиграционного заявления или петиции - это уголовнонаказуемое преступление.

Read more here.

Manhattan U.S. Attorney Preet Bharara said, “As the jury found, Feng Ling Liu, Vanessa Bandrich, and Rui Yang assisted immigrants in obtaining asylum status under false pretenses, including by using concocted tales of persecution. These defendants will now join the 27 others who have been convicted in connection with this sprawling immigration fraud scheme.”

According to the Indictment filed in Manhattan federal court, public court filings, and the evidence admitted at trial:

Liu, a lawyer, operated two law firms—the Law Offices of Feng Ling Liu and Moslemi and Associates Inc.—both of which assisted aliens from China in obtaining asylum status through fraud. Liu and her employees profited by creating and submitting asylum applications containing false stories of persecution purportedly suffered by alien applicants. Bandrich worked as a lawyer at one of Liu’s firms, Moslemi and Associates Inc. In that capacity, she prepared certain clients to tell false stories of persecution in immigration court proceedings related to their asylum application. Bandrich also opened a separate law firm, Bandrich and Associates Inc. (Bandrich firm), that assisted clients in obtaining asylum status through fraud. Yang was an office worker at the Bandrich firm and helped the firm’s clients prepare their false asylum applications.

The appelate court upheld the convictions and sentences of a New York City attorney and three law office workers alleged to have been part of an elaborate scheme to fraudulently secure asylum for hundreds of Chinese immigrants.

The appeals court said the evidence was “more than sufficient” to support the conviction of Vanessa Bandrich, the named partner and lone attorney at Bandrich & Associates, on one count of conspiracy to commit immigration fraud.

In the same ruling, the panel upheld an 11-month prison sentence for office worker Guo Qin Miao and a 41-month prison term given to Yuchang Miao. Yuchang Miao, an alleged ringleader of the scheme, managed a Manhattan law office and was married to Feng Ling Liu, another lawyer convicted in the scheme.

And more details here.

Any suspected immigration fraud, including asylum fraud, or other criminal activity can be reported by phone or email to ICE, a law enforcement branch of DHS. Click here.

Undocumented immigrants eligible to become legal residents often don’t know how to apply due to a lack of resources and information.

6/21/2016

It’s a common problem: some unauthorized immigrants in USA are eligible to become legal residents using already existing laws and regulations. In many cases, they just don’t know about their eligibility and how to apply due to a lack of resources and information. They also find it difficult to navigate the complex immigration process by themselves.

A UCLA study found that individuals in removal (deportation) proceedings who had a lawyer were 15 (!) times more likely to apply for relief from removal than those without lawyers, and 5.5 times more likely to be granted or approved some sort of legal status that permitted them to stay in the United States.

Unlike criminal defendants, however, unauthorized immigrants don’t have a constitutional right to a government-funded lawyer (no "free lawyers" or public defenders in immigration court proceedings).

According to the UCLA study, only 37 percent of all immigrants, and 14 percent of detained immigrants, are represented by lawyers. Children also go unrepresented in immigration court.

Many immigrants often erroneously consider themselves qualified to "do it yourself", or consult unauthorized "immigration consultants" or "Notarios", who are not lawyers, while others can't afford a lawyer.

It's advisable not to file any immigration petitions and applications with USCIS without first consulting a qualified immigration attorney. If you have been referred for removal to immigration court, you must retain an attorney to represent you in the court.

По-русски:

Одна из очень распространенных проблем среди иммигрантов и незаконных иммигрантов (так называемых "нелегалов") в США, это то, что многие даже не подозревают, что имеют право подать заявление на какие-то иммиграционные бенефиты, включая грин карту (вид на жительство). А если и знают об этом, то не понимают все тонкости системы, и не знают как и когда можно подать такое заявление, как подать правильно, как получить положительное решение а не отказ.

Некоторые считают себя достаточно компетентными подать свои заявления самостоятельно, или используют услуги так называемых "консультантов", которые оперируют нелегально и без лицензии, и не являются адвокатами. У некторых просто нет средств.

К сожалению, в иммиграционной системе и суде в США нет права на бесплатного иммиграционного адвоката (даже в суде, и даже детям). Либо вы нанимаете защиту и платите за их услуги, либо иногда можно получить помощь по сниженным расценкам или бесплатно в местных организациях (но там строгий отбор и они берут небольшой процент дел), либо вы сами представляете свои интересы в иммиграционной суде и органах госбезопасности США.

По статистике, только 37% всех иммигрантов в США имеют адвоката или законного представителя, и только 14% иммигрантов находящихся в заключении имеют своего адвоката. Это пугающая статистика, учитывая, что многие и по-английски толком говорить не могут, не то что грамотно составить заявление.

Возраст также не имеет значения. Маленьким детям суд не обязан предоствлять защитника. Как сказал один иммиграционный судья, " я могу все прекрасно объяснить и 3-х летнему ребенку, так что ему не нужен адвокат в моем суде..."

Рекомендуется не подавать никакие заявления в иммиграционные органы без предварительной консультации с адвокатом, не говоря уже о суде.

Read more here.

Know your rights: ICE immigration raids. What to do in the event of an ICE raid (at your work, home, in the mall or other public place).

1/6/2016

In the very first days of the January 2016, ICE (Immigration & Customs Enforcement) started raids, targeting undocumented immigrants.

This document is an excellent overview of your rights:

What to do in the event of an ICE raid (at your work, home, in the mall or other public place). What questions you must answer and when you shall remain silent.

Know your RIGHTS. Read and download a pdf file here. You can save or memorize your local and state free legal services or community organizations contact numbers, or your attorney's number, and carry their contact numbers. You can print out the card on page 8 and carry it with you, as well.

https://www.justice4all.org/wp-content/uploads/2013/05/Know-your-rights-in-case-of-raids-English.pdf

The Hague District Court ruled the surveillance of lawyers by intelligence agencies is an infringement of fundamental rights; and ordered the Dutch State to stop all surveillance of lawyers’ communications until it provided for independent oversight.

10/29/2015

Brussels, 29 October 2015.

Big victory for Dutch lawyers and their clients, and also for any other European lawyers who practice law in the Netherlands.

The District Court of The Hague has ruled that surveillance of lawyers by intelligence agencies constitutes an infringement of fundamental rights and orders the State to stop all surveillance of lawyers’ communications.

Dutch court upholds lower court ruling banning surveillance of lawyers’ communications after successful CCBE intervention. The Dutch State may appeal the ruling within four weeks.

On 27 October 2015, a Dutch Court of Appeal upheld The Hague District court’s ruling in the Prakken d’Oliveira case which ordered the Dutch State to stop all surveillance of lawyers’ communications until it provided for independent oversight.

In its ruling, the Dutch Court of Appeal dismissed all the grounds of appeal alleged by the Dutch State. The Court indicates that according to case law of the European Court of Human Rights surveillance activities must be subject to review by an independent body with the power to prevent or terminate potential infringements of professional secrecy. The current Dutch surveillance regime does not meet the requirements for such independent control and, therefore, conflicts with the right to privacy (article 8 ECHR) and the right to a fair trial (article 6 ECHR). The Court stresses that information obtained from tapping lawyers may not be shared with prosecutors until an independent review has taken place regarding the legality of that information and the way it was obtained. Even the possibility that information is shared with the public prosecutor can result to people refraining from contacting a lawyer. According to the court, that is a violation of the right to a fair trial and undermines the rationale behind professional secrecy. The Court also ruled that the protection of client confidentiality is not limited to communications with Dutch lawyers but extends to communications with all European lawyers rendering services in The Netherlands as referred to in Directive 77/249/EC.

As a result of these findings the Court of Appeal confirmed the lower court’s ruling.

In welcoming the decision, CCBE President Maria Ślązak commented: “the trust between lawyer and client is, at root, an assurance of due process and the rule of law. It is therefore essential that the confidentiality of lawyer-client communications is always respected. Surveillance measures that could undermine this principle have always to be subject to review by an independent body with the power to prevent and/or terminate the infringement. The fact that this has been reaffirmed by the Dutch Court of Appeal is reassuring and an important step to bring Dutch surveillance policy in line with the right to a fair trial.”

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Background: in May 2015 the CCBE successfully intervened before The Hague District Court in a challenge brought against the Dutch State by the law firm Prakken d'Oliveira and the Dutch Association of Criminal Defence Lawyers (NVSA). The Court was questioned on the legality of eavesdropping by domestic intelligence agencies on lawyers’ calls and communications. In its verdict delivered on July 1st, the court recognised that the ability to communicate confidentially with a lawyer is a fundamental right which is currently being breached under Dutch surveillance policy. The court therefore ordered the Dutch government to stop all interception of communications between clients and their lawyers under the current regime within six months. In response, the Dutch State fast-tracked an appeal against the judgement. In turn, on 25 August, the CCBE challenged the grounds of the appeal.

Transcript of the judgement (in Dutch): http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHDHA:2015:2881
Transcript of the previous judgement (in Dutch):http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBDHA:2015:7436
CCBE wins case against the Dutch State on surveillance of lawyers (press release, 02/07/2015):http://www.ccbe.eu/fileadmin/user_upload/NTCdocument/EN_pr_0415pdf1_1435843144.pdf
CCBE takes mass surveillance to court (press release, 27/05/2015):http://www.ccbe.eu/fileadmin/user_upload/NTCdocument/EN_pr_0315pdf1_1432724578.pdf
CCBE Statement on mass electronic surveillance by government bodies (including of European lawyers’ data):http://www.ccbe.eu/fileadmin/user_upload/NTCdocument/EN_14142013_CCBE_Sta1_1382086457.pdf
Dutch Intelligence Service (AIVD) taps Prakken d'Oliveira lawyers:http://www.prakkendoliveira.nl/en/news/dutch-intelligence-service-aivd-taps-prakken-doliveira-lawyers/

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About the CCBE:

The CCBE represents the bars and law societies of 32 member countries and 13 further associate and observer countries, and through them more than 1 million European lawyers.

Founded in 1960, the CCBE is recognised as the voice of the European legal profession by the EU institutions, and acts as the liaison between the EU and Europe's national bars and law societies. The CCBE has regular institutional contacts with those European Commission officials, and members and staff of the European Parliament, who deal with issues affecting the legal profession. The CCBE is an international non-profit-making association incorporated in Belgium.

About dangers of a "free legal consultation": article in Russian from my Moscow colleagues.

10/29/2015

Article from my Moscow colleague in Russian below: how to avoid making mistakes when choosing and retaining an attorney, lawyer, immigration attorney; or when deciding whether to file anything, and what steps should be taken to protect and secure your legal rights.

Why an offer of a "free first consultation" or "free chat with our representative through our website" is usually an indication of a scam and an unqualified lawyer (or even a non-lawyer who pretends to be an attorney) who is ready to "promise" and "guarantee" success to anyone as long as the client is paying, no matter the consequences to a client.

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Как известно, нередко недобросовестные юристы и юрфирмы клиентов привлекают через интернет, где обещают провести бесплатную консультацию (заманивают бесплатными консультациями).

Например, человек заходит на юридические сайты, где пытается найти ответы на свои вопросы бесплатно. Всплывает окошко чата, где виртуальный оператор предлагает его проконсультировать. Человек излагает проблему. Но будьте уверены, что исчерпывающе и пошагово никто его консультировать не собирается. Его попросят оставить номер телефона. Когда ему перезвонят, то вся суть разговора сведется к тому, что ему пообещают, что *обязательно помогут* и *гарантирую успех* за определенную сумму денег.

Не секрет, что многие предпочитают слышать то, что лишь хотят услышать. Так происходит и при обращении к юристам. Некоторые люди, как им кажется, "знают все сами", а иногда и больше специалистов. Так вот, если некоторым людям добросовестный юрист говорит, что шансов мало или их нет вовсе, они уверенно отправляются к тем юристам, из уст которых они услышат слова поддержки и гарантию успеха.

Следует помнить: 1) бесплатный сыр бывает только в мышеловке, 2) добросовестный адвокат не имеет право гарантировать успех, 3) хороший адвокат не предоставляет бесплатных консультаций, так как зачем ему/ей это нужно, и на это просто нет времени, к тому же хороший адвокат понимает, что самое главное, это предварительно изучить дело клиента и дать ему правильный совет, а только затем переходить к действиям и заключать договор.

Очень полезная статья по-русски от моих московских коллег тут.

LIST OF USEFUL LINKS: USCIS, Processing Times, Visa Bulletin, Priority Dates, Case Status, Case Inquiry.

10/27/2015

USCIS or DHS website where you can find USCIS contact number, webforms and download all applications and forms for free is here.

USCIS Case Status: you can check status of your pending case online here.

Visa Case Status: you can check status of your immigrant visa IV or non-immigrant visa NIV case here.

USCIS Processing Times: you can see how fast cases are being adjudicated or decided by different USCIS / DHS offices around the United States here.

USCIS Change of Address Form Online: you can submit your change of address form online here.

USCIS Case Inquiry Webforms: you can submit your questions or case inquiry directly to USCIS by using one of the webforms here.

USCIS submit electronically I-90, N-400 or I-131A, or pay a Green Card fee online.

How to find USCIS field offices, ASC Application Support Centers, Asylum officers - use USCIS Officer Locator here.

How to Find a Medical Doctor for a USCIS I-693 Medical Examination - use USCIS Designated Doctor Locator.

How to verify if a particular USCIS office is open or closed due to bad weather or other circumstances - use USCIS Office Closings Daily Bulletin.

How to obtain an official record of admission from CBP, Form I-94. You will need to provide your passport number and a country, first and last names, date of birth. The official I-94 will include an admission number (that you need for several immigration applications and forms), date and class of admission, and expiration date, name and a passport information.

Asylum Office Scheduling Bulletin is posted by Asylum Office here.

US Department of State Monthly Visa Bulletin: you can find monthly visa bulletin and check how fast your priority date is progressing here.

You can find out current Visa Fees for various visas to USA here.

Complete a nonimmigrant visa application online: DS-160.

Complete an immigrant visa application online: DS-260.

You can pay your Green Card fee online here. You can find step-by-step instructions here.

Now, you can electronically submit several applications: USCIS Forms I-90, N-400, I-131A.

Know Your Rights: What to do during the ICE or immigration raid at work, at home, in a public place; what questions you must answer and when you shall remain silent. (In English, Spanish, Russian, Chinese, Vietnamese, Tagalog, Korean and Arabic).

To schedule a consultation with an experienced immigration attorney who speaks English and Russian, please email us to schedule a telephone or Skype appointment with attorney Luba Smal.

Free online university for undocumented students in USA.

10/26/2015

Personally, I have no experience with with school. However, University of the People, tuition-free online university approach seem to be interesting and could be helpful for many living in the USA "without papers" or undocumented, who want to attend college and learn but can't afford it and don't qualify for financial aid.

Federal law does not prohibit undocumented students from enrolling in college, but it does something nearly as effective, banning them from receiving government aid. In recent years, though, some undocumented students have stumbled upon a little-known, nonprofit online university that doesn't charge tuition and doesn't care about students' legal status.

A four-year bachelor's degree at online University of the People will cost $4,000 in total. For those who don't have the money, the university offers scholarships.

University charges only for the exams, and even these fees can be covered for scholarships. Quarter of the school's students don't pay anything at all, thanks to those scholarships, which are funded by big companies, including Hewlett-Packard, Microsoft and Intel.

The school's academic credibility has also gotten a huge boost from partnerships forged with New York University; University of California, Berkeley; Yale; and Oxford.

Education experts have praised University of the People's surprisingly high retention rate of 75 percent, but what Jamie Merisotis of the Lumina Foundation says he likes most is that the school was built precisely to serve poor students living in difficult circumstances.

Merisotis, author of the book America Needs Talent, says many of the undocumented immigrants living in the U.S. are young and talented but have no access to a higher education.

"Postsecondary education is the key to integrating them into our society and taking them out of the shadows," Merisotis says. "Even if you kick them out of the country," Reshef says, with a good education "they will be much more desired wherever they go. So it's a win-win situation for everyone."

Read more news here and the university website is here.

How to bring your newborn child to USA, if you are a permanent resident or an immigrant visa holder?

10/22/2015

Sometimes in my practice as an immigration attorney, I see people make wrong decisions which then affect their lives for many years, result in separation from family and children; can be a cause of severe depression; and loss of the permanent resident status (aka "green card").

When in doubt or not sure what to do, you should consult with an experienced immigration attorney or contact the US consulate in your home country.

Situation #1:

Child born abroad to Lawful Permanent Resident (LPR) may be allowed to board the plane to the United States, if the child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien of the United States, provided that the child’s application for admission to the United States is made within two years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.

Situation #2:

Child born abroad to an accompanying parent after issuance of an immigrant visa to the parent but prior to the parent’s initial admission as an immigrant may be boarded as long as the child has a passport or is listed in a parent’s passport and is in possession of the birth certificate.

Before traveling to the United States, it's a good idea to contact the U.S. embassy or consulate in your home country to obtain a transportation letter.

CBP guidance can be found here.

Class action federal case pending in Texas: state officials refuse to issue birth certificates to US born children of undocumented immigrants without a proper ID.

10/21/2015

On Friday, October 16, 2015, a federal judge in Texas declined to order Texas officials to institute a temporary fix so children of undocumented immigrants born in the United States can get their birth certificates while a lawsuit filed by their parents is being tried.

Instead of issuing a temporary injunction order sought by the plaintiffs (the undocumented immigrants who were denied their U.S. citizen children's birth certificates), U.S. District Judge Robert Pitman ruled that the case should proceed through the full hearing process given the complexity of the issues involved.

Pitman’s ruling comes two weeks after attorneys for the families told the judge that the children’s civil rights had been violated because county registrars, by order of the Texas Department of State Health Services, would not issue birth certificates because the parents did not present one or more acceptable forms of ID. More than 30 families have joined the suit since the initial complaint was filed in May.

“Although the Plaintiffs have provided evidence which raises grave concerns regarding the treatment of citizen children born to immigrant parents, this case requires additional determinations which can be made only upon development and presentation of an evidentiary record,” Pitman wrote in a 27-page decision.

The parents in the lawsuit contend that IDs previously used to obtain the vital records, specifically the Mexican Consular ID (called the matrícula consular) and foreign passports, were accepted in some counties just months ago until the department amended its policies without warning.

Now, some of the undocumented immigrants parents can't request their US-born children's birth certificates because the parents lack proper and acceptable by the Organs of Vital Statistics photo ID documents.

Texas Attorney General Ken Paxton called the ruling an “important first step in ensuring the integrity of birth certificates and personal identity information. Before issuing any official documents, it’s important for the state to have a way to accurately verify people are who they say they are through reliable identification mechanisms.”

Read news here and court opinion here.

DV 2017 Program or Green Card Lottery registration period opens on October 01, 2015 and ends on November 03, 2015. Период регистрации в лотерею грин карт на 2017 год начанается 1 октября и зака

9/30/2015

DV-2017 Program: Online Registration DV 2017 Program begins on Thursday, October 1, 2015 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and concludes on Tuesday, November 3, 2015 at 12:00 noon, Eastern Standard Time (EST) (GMT-4).

DV-2017 lottery entries can be submitted online at only one official US Department of State website.

On September 30th 2015, US Department of State published the official DV-2017 Program Instructions in English - DV-2017 Program Instructions in PDF format. The English language version of the DV-2017 Program Instructions is the only official version.

Unofficial translations in additional languages will be added as they become available.

Note: If you do not see instructions in your native language, please see the U.S. Embassy or Consulate website to find out whether your country may have additional Diversity Visa information.

You can find official US Department of State DV-2017 lottery instructions here: http://travel.state.gov/content/visas/en/immigrate/diversity-visa/instructions.html

For DV-2017, natives of the following countries are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years:

Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

I would like to highlight several important requirements:

12. Highest level of education you have achieved, as of today: (1) Primary school only, (2) Some high school, no diploma, (3) High school diploma, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate-level courses, (8) Master’s degree, (9) Some doctoral level courses, and (10) Doctorate. See the Frequently Asked Questions for more information about educational requirements.

13. Current marital status – Unmarried, married and my spouse is NOT a U.S. citizen or U.S. Lawful Permanent Resident (LPR), married and my spouse IS a U.S. citizen or U.S. LPR, divorced, widowed, or legally separated. Enter the name, date of birth, gender, city/town of birth, and country of birth of your spouse, and a photograph of your spouse meeting the same technical specifications as your photo. Failure to list your eligible spouse will result in your disqualification as the Diversity Visa principal applicant and refusal of all visa applications in your case at the time of the visa interview. You must list your spouse even if you plan to be divorced before you apply for a visa. A spouse who is already a U.S. citizen or LPR will not require or be issued a visa, though you will not be penalized if you list them on your entry form. See the Frequently Asked Questions for more information about family members.

14. Number of children – List the name, date of birth, gender, city/town of birth, and country of birth for all living unmarried children under 21 years of age, regardless of whether they are living with you or intend to accompany or follow to join you, should you immigrate to the United States. Submit individual photographs of each of your children using the same technical specifications as your own photograph.

Be sure to include: 
*all living natural children; 
*all living children legally adopted by you; and, 
*all living step-children who are unmarried and under the age of 21 on the date of your electronic entry, even if you are no longer legally married to the child’s parent, and even if the child does not currently reside with you and/or will not immigrate with you.

Married children and children who are already aged 21 or older when you submit your entry are not eligible for the DV program. However, the Child Status Protection Act protects children from “aging out” in certain circumstances. If your DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be treated as though he/she were under 21 for visa-processing purposes.

A child who is already a U.S. citizen or LPR is not eligible for a Diversity Visa; you will not be penalized for either including or omitting such family members from your entry. Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visa applications in the case at the time of the visa interview.

After May 01, 2016, you will be able to check your status online at another US Department of State website to see if you have been selected a winner.

We would be glad to help you to submit your DV-2017 entries properly and timely. After submitting an entry, we always save and forward to our clients confirmation pages. Please email us first and we will forward to you our brief instructions.

In Russian:

Сегодня Госдеп США наконец-то опубликовал официальные инструкции для подачи заявок в Лотерею Грин Карт на 2017 год. Прием заявок осуществляется онлайн только на одном официальном вебсайте Госдепа США.

Подача заявок через какие-то другие вебсайты не допускается. Таких "неофициальных, но выглядящих вполне легитимно" вебсайтов множество, и они выдают себя за организации как-то связанные с Госдепом, и прикрываются официальными эмблемами США, но это обычное мошенничество.

Если вам помогает адвокат или другой профессионал правильно подать заявку в лотерею, после подачи заявки они должны предоставить вам конфирмационный номер, а еще лучше сохранить и выслать по электронной почте саму конфирмационную страницу с номером и вашей биографической информацией.

Повторные заявки в течение одного периода подачи не допускаются. Ошибки не исправить после подачи заявки. Требования к фото строгие.

Начало приема заявок 01 октября 2015, и заканчивается подача заявок 03 ноября 2015.

Вы сможете узнать выбрали ли вас победителем только после 01 мая 2016, когда на особом вебсайте Госдепа США вы сможете ввести свои данные и получить ответ на вопрос: являетесь ли вы победителем.

Затем, вы перейдете на следующий этап: подача заявления на визу для себя и членов вашей семьи. На этом этапе рекомендуется пользоваться услугами квалифицированного американского иммиграционного адвоката, чтобы избежать ошибок или отказа из-за "глупости". Кстати, очень часто отказывают в грин картах по лотерее именно из-за "глупостей", которые не прощаются (например, "забыл" указать ребенка жены от первого брака, решил не указывать новорожденного ребенка рожденного вне брака "как же его сфотографируешь?" и т.п.). Поэтому может быть полезна помощь адвоката и при подаче заявки в лотерею.

Если вам нужна помощь, мы будем рады помочь правильно подать заявки на всех членов семьи, и позже с получением грин карты если вас выбрали победителем лотереи. Обращайтесь к нам по электронной почте, и мы вам вышлем список попросов и условия оплаты.