WHY
CHOOSE US
CHOOSE US
On October 4, 2019 the Trump Administration issued “Proclamation No. 9945,” the “Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System in Order to Protect the Availability of Healthcare Benefits for Americans.” This Proclamation was also known as the “uninsured ban.”
In November of 2019 the district court blocked the implementation of the ban with an injunction.
Yet on January 15, 2021 Judge Daniel Collins of the 9th Circuit Court of Appeals ruled the ban could stand.
In order to comply with the ban and gain admission into the United States, you would need to secure an acceptable health plan.
The ban lists out the plans which immigrants may use. These include:
The ban excludes Medicaid and subsidized health plans found on the ACA exchange, which means immigrants cannot benefit from the plans offered under the Affordable Health Care Act.
There are some provisions in the uninsured ban for proving that you have the ability to pay for a medical emergency out-of-pocket, but specific numbers are not named. This means the individual immigration official has broad powers to make a subjective determination of your eligibility. In most cases those who cannot afford the health insurance plans on the approved list will not have enough money to convince USCIS that they can handle medical emergencies as they arise. Medical services in the United States are exorbitantly expensive.
For most immigrants, the path forward would be to locate employment that will provide health insurance and which may provide visa sponsorship.
There is a chance that the Biden administration will withdraw the ban. Because 180 days have elapsed since the effective date of the proclamation the Secretary of State will have to find that it’s still necessary to protect US workers to keep it in effect. Challengers still have a chance to petition for a rehearing, and this could stall the ban long enough for the Biden administration to reverse the ban.
Immigration policy in America continues to remain rocky and difficult to keep up with. If you are attempting to enter the United States you should immediately consult with an immigration attorney to learn what the most recent requirements are and to learn what kinds of evidence you must submit with your documentation to give your immigration application its best chance at success.
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Federal Judge Blocks Trump Health Insurance Mandate
So you want to live and work in the United States, but you don’t yet have an employer. What are your options?
For the vast majority of immigrants your options will revolve around staying put in your home country until you can secure an employer and a sponsor. This is usually just good practice anyway. The job market in the United States is really tough, especially right now, and the cost of living is high. Few people wish to be stuck here without an income.
Yet there are pressing reasons why a person might want to get a work visa without a sponsorship. Perhaps you are seriously dating someone here in the United States and you wish to work and live here while you forward the relationship. Perhaps you have family here you’re trying to take care of, and an employment-based visa is the quickest and easiest route to being allowed to stay while you do that.
In this case, you have three options, though you might not qualify for all three of them.
The EB-1A visa, also known as the “extraordinary ability” visa, is a visa that’s set aside for people who show exceptional and extraordinary talent in five key areas: science, education, business, athletics, and the arts. These visas are set aside for individuals who are the top of their field.
Evidence can include:
As you might imagine this is one of the most difficult visas you can get. They are valid for up to ten years.
The O-Visa is very similar to the EB-1A. It’s for individuals with special achievement or ability in education, science, business, athletics, or the entertainment industry. The litany of evidence you might have to come up with is a little shorter.
It can include:
This visa is easier to get than the EB-1A. This is because the visa lasts for a shorter period of time: it may be issued for up to 3 years.
The EB-5 is a visa for individuals who invest at least $900,000 in American corporations. If the corporation is not in a “Targeted Employment Area” then the minimum investment amount is $1,800,000.
This must be a new commercial enterprise established after November 29, 1990. This investment must create at least 10 full-time positions for qualifying employees, or saves a “troubled business” and maintains the proper number of jobs.
As you can see, getting an employment visa without a sponsorship is a challenge. If these options aren’t available for you, we may still be able to help. Contact Hykel Law today.
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5 Steps to a Smoother Immigration Process
3 Questions about Immigration and Employment, Answered
The immigration process can be extremely difficult, time-consuming, and frustrating to navigate. Yet there are steps you can take to give yourself your best chance of having your application accepted the first time.
Here are five ways you can make life a little easier for yourself as you seek to get a visa or a green card.
There is often more than one way to get the legal right to enter and remain in the country. There is often more than one way to earn the right to work, open up a bank account, or study here in the United States.
Choosing the right visa is the first, crucial step, and it’s one of the first places where an attorney’s help can be invaluable.
Note the first visa you get is often not the only visa you’re stuck with. Once you have a legal status that lets you get started you can always apply for a change of status later. It may be more advantageous to do that than it is to go for the most difficult possible visa you can apply for.
Every visa comes with a complex schedule of deadlines. The more you work in advance of those deadlines the better off you’ll be.
Use a method to keep all the deadlines straight, such as Google Calendar. You might want to create some deadlines of your own, ones that can help you get your paperwork turned in well in advance.
Make sure you’re getting all your paperwork in. Often, there will be multiple forms you’ll have to file in order to get the process started and handled correctly.
Requests for Evidence delay immigration applications by a considerable margin. You can avoid them by making sure you include every scrap of evidence USCIS could possibly want with all of your paperwork.
This can include evidence of presence in the united states, passport photos, passport copies, birth certificates, arrival and departure documents, bank statements and other financial documents, documents related to your sponsor’s status in the United States, evidence of a clean criminal record, military records, and more.
Your attorney can give you a full list.
Many individuals don’t realize that all supporting documentation will need a certified English translation. You’ll need this in addition to copies of the originals.
Certifying a translation just means that there is an accompanying “certification statement” that outlines the translator’s qualifications and affirms the completeness and accuracy of the document while identifying the translated document and th language, as well as the translator’s name, signature, and date.
You may have noticed a few times here that working with an attorney can greatly reduce the amount of time, research, and guesswork that you’ll have to do for everything from gathering evidence to making sure you’re selecting the right forms.
While this may seem self-serving, the truth is that immigration is not a DIY process. The earlier you involve an attorney the more successful you’re likely to be. Fortunately working with an attorney is generally not as expensive or as hard as most people fear.
Trying to enter the United States legally? Get help today. Reach out for a consultation with Hykel Law to find out how we can help.
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What Are the Grounds for Cancellation of Removal?
If your Green Card aspirations have been blocked by Trump’s public charge policy, there’s at least a little good news on the horizon. A federal judge just blocked the public charge rule.
Though some form of the public charge rule has existed for over 100 years, the Trump administration added policy provisions that allowed USCIS to deny permanent residency to immigrants for using food stamps, Medicaid, housing vouchers and other key public benefits.
Every green card applicant had to show they wouldn’t become public charges.
Essentially this rule served as a wealth test for applicants.
The court’s new ruling is that to be deemed a public charge, “requires a degree of dependence beyond temporary assistance.”
USCIS says that on Monday they did stop applying the 2019 public charge rules both to pending and future applications.
Here on the eve of the election it’s important to know that former Vice President Joe Biden intends to revoke the public charge rule if elected.
What does this mean for you if you are currently seeking a green card?
First, it’s a good idea to contact your immigration lawyer if you’ve taken advantage of public benefit programs in the past, especially if you’re planning on launching a new green card application. Keep in mind that even under the old rules that you had to use those benefits for a certain amount of time before they’re counted against you: “for more than 12 months combined in any three-year period, or if a family with an applicant received two different forms of public assistance in a month, the administration could freely deny applications for permanent residency.”
If Covid-19 has created a temporary need for your family, you should not, at this time, be afraid to apply for help, especially medical help. One reason the judge struck the rule down was because there was concern over how this rule might impact public health during the Covid-19 pandemic. Emergency care was also never counted against you under the public charge rule.
The rule has been a source of major confusion for green card applicants across the nation. Yet if you’re feeling confusion, you don’t have to wait and worry. You can reach out to Hykel Law to schedule a consultation today. We help solve immigration challenges, and we’re here to help.
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In the News: Status Stripped from 400,000 Immigrants
Can An Extramarital Affair Disqualify You For a Green Card?
A green card is a permanent resident card, and it allows you to live and work in the United States permanently. While it doesn’t make you a citizen, it does keep you safe from deportation and give you the right to move around the United States like anyone else who lives here.
It’s definitely one of the most coveted immigration statuses and serves as the goal for many. They also aren’t easy to get.
You can get these by being the spouse of a US citizen, the unmarried child of a US citizen who is under the age of 21 or the parent of a US citizen that is at least 21 years old. There are also some provisions for the brothers and sisters of US citizens who are at least 21 years old.
If you’re the fiancée of a US citizen or have been married for less than 2 years you can get a conditional green card.
Most people who come to work in the US will get temporary employment visas, not green cards. Yet people with extraordinary abilities in certain fields, people with advanced degrees, or extremely skilled workers may be able to get green cards.
While it isn’t technically a form of employment, an immigrant investor who is willing to put at least $1 million (or $500,000 in a targeted employment area) into a new company that will create at least 10 full time positions can also get a green card.
There are several classes of “special immigrants.” These include religious workers, children who have been abused, neglected, or abandoned by a parent, certain Afghani or Iraqi nationals who were employed by certain branches of the US government, international broadcasters, and employees of certain international organizations.
Obviously these are getting harder to get thanks to certain policies targeting refugees and asylum-seekers. Nevertheless, if you were admitted as a refugee or granted asylum status a year ago then you may be able to get a green card.
People with T visas or U visas may be able to convert them into green cards with a little help from an immigration attorney. So can abuse victims if they are the abused spouse, child, or parent of a US Citizen.
If you’ve lived in the US continuously since before January 1, 1972 then you can register for a green card.
Certain pieces of legislation have created an entire collection of green card categories that don’t fit everywhere else. These include diversity visas, Liberian Refugee Immigration Fairness beneficiaries, people who benefit from the Cuban Adjustment Act, people who benefit from the Haitian Refugee Immigration Fairness Act, a Lautenberg Parolee, an Indochinese Parole Adjustment Act beneficiary, a Native American born in Canada, a person born in the US to a foreign diplomat, or a foreign diplomat who was unable to return home.
Even if you fit neatly into any of these categories, getting your green card can be a real challenge. You’ll need a qualified immigration lawyer if you want to be successful at getting your permanent resident status. Contact Hykel Law today to get started.
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Can an Extramarital Affair Disqualify You For a Green Card?
New Laws for Green Card Holders in 2020
How to Get a Green Card for Your Fiancee
USCIS is still desperate to raise funds, especially now that the federal courts have shot down their fee hikes. That’s why Congress recently passed HR 8337, which gives the agency more power to raise funds with premium processing fees.
The new law has greatly expanded the categories that may be used.
The length of time they are given to process applications has changed too. Now they are giving answers in 30 days, in most cases, instead of in 15. This is still an improvement over the six months the typical applicant waits on a standard application. For EB-1 and EB-2 visas the wait is 45 days.
Premium processing also costs more than it used to. The fees have gone up to $2500 for everything but the H-2B or R categories, with a $1500 fee.
The original categories that could receive premium processing were:
The previous categories will still have the premium processing option, as will applications to change or extend nonimmigrant status, applications for employment authorization, and other immigration benefit types that the Secretary deems appropriate for premium processing.”
The bill also placed certain reporting requirements on USCIS. For example, they have to establish electronic filing procedures for all applications and petitions for immigration benefits.” If they do this it might start to cut through the agency’s backlog, though it will probably take them some time to get this done.
Keep in mind that faster processing alone won’t help you secure visa approval. The premium process could return with a Request for Evidence just like the standard process could.
One way to cut down on the amount of time processing takes is to hire an immigration attorney. When your application is done correctly the first time you eliminate many of the reasons why USCIS might wish to delay or deny your application.
If you need to get an application processed, call Hykel Law. We’ll help you get the job done right, so you don’t waste your application fees.
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New Options for H-1B and L-1 Visa Holders
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The Trump Administration has stripped “temporary protected status” from people from El Salvador, Haiti, and Sudan, many of whom first received protection in the 1980s. Many of these immigrants have been safely and legally in this country ever since.
The United States Court of Appeals for the Ninth Circuit has upheld this decision.
The protections end officially on March5, 2021, unless you are from Sudan. Sudanese immigrants have until November 2021 to voluntarily leave the country, seek a shift in status, or face deportation.
“The court’s ruling could force many people who have been in the country for years, if not decades, to contemplate leaving their jobs, homes, and communities to return to impoverished countries that are ill-prepared to absorb them. It could also result in the separation of families because beneficiaries have about 200,000 U.S.-born children.” –The New York Times
There’s a good chance this case will be picked up by the Supreme Court, but the outcome isn’t certain. The November election could also impact the outcome, but it’s important not to rely on election results.
If there is any chance you might be impacted by this decision you should meet with a qualified immigration attorney immediately to evaluate your options.
Some TPS recipients may have other status designations which can protect them. For example, many TPS recipients applied for asylum at the same time. That visa would still be valid.
If you’ve been working on an employment visa you may be able to remain on that visa, or have a case for becoming a permanent resident if you currently meet the green card qualifications. If you act fast you may be able to solve your problem before it becomes an issue.
If you’re facing this situation you’ve no doubt formed an entire life in the United States. That life isn’t just something that you stand to lose. Much of it may be used to defend you against deportation if you and your immigration attorney are able to work closely together early enough to take advantage of it.
If you have questions or concerns about your immigration status, don’t delay. Time is always of the essence, and moving fast can be the difference between success and a heartbreaking failure. Remember, we are open for business and are working virtually through the Covid-19 pandemic. You can start working on your case without even having to leave the comfort of your home.
Contact Hykel Law today to get started.
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How to Get a Green Card for Your Fiancee
It’s a good idea to stay faithful if you’re trying to become a legal permanent resident of the United States through marriage. If you have an affair you may incentivize your spouse to withdraw the I-130 petition, which could jeopardize your status.
Thinking you’ll just stay with your new sweetheart? Sadly, your next petition may be met with an intense amount of skepticism. If the interviewer believes your actions led to the withdrawal of the first petition they are unlikely to grant you another one.
You may face problems even if your first spouse forgives you and you get back together. USCIS might be just as skeptical of a new petition. If it didn’t work out the first time, what reason do they have to believe that it will work out a second time?
Sometimes the marriage ends because you are a battered spouse. Thanks to the Violence Against Women Act you probably won’t have to leave the country, but only if you follow the legal process.
You would be eligible either for a U-visa or a VAWA green card. The path to a green card is faster and is generally the better option.
Relationships can be difficult and risky at the best of times, and they become all the more complex when immigration is involved. Whatever your relationship issues, it’s important to work closely with a qualified immigration lawyer when your legal right to remain in the country depends, even in part, on how your relationship is going.
See also:
How to Get a Green Card For Your Fiancee
What Are the Grounds for Cancellation of Removal?
Avoid These 3 Green Card Sponsorship Mistakes
The June 22, 2020 Trump administration ban suspends entry for foreign nationals on H-1B, H-2B, J-1, and L-1 visas until December 31, 2020. On August 12 the State Department released a few exceptions.
Many will not find these exceptions helpful, but they offer options to a narrow range of professionals. The entire ban and the exceptions are already coming under legal fire, which means if you think you may be able to take advantage of them, and desire to do so, then you’ll need to contact your immigration lawyer quickly and get the process moving as best as you can.
The exceptions are “national interest exceptions.”
The State Department’s Guidance exempts:
If you think you or an employee may fall under the exemptions and have been blocked by the original proclamation up until this point it may be worth taking advantage of them.
Lawsuits are already underway.
Some who meet the requirements are still getting refusals, so you do need a good attorney by your side if you’re going to try to use them.
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New Immigration Fees Philadelphia Immigrants Should Know About
We look forward to helping you with your immigration case. We have the experience, knowledge and staff to handle your matter swiftly. Reach out today to discuss your needs for representation.