WHY
CHOOSE US
CHOOSE US
Parole status is short for “Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States.” It allows people outside the United States to request parole-based entry for urgent humanitarian or significant public benefit reasons.
It is an option for individuals who might otherwise be inadmissible or ineligible to enter the United States temporarily. It also allows parolees to achieve temporary employment authorization if EAD “is not inconsistent with the purpose and duration of parole.”
Almost anyone can apply, but you’ll have to prove that you meet one of the two criteria outlined under the program. This can be difficult as there isn’t even a statutory definition for “urgent humanitarian reasons” or “significant public benefit.”
The criteria for a humanitarian petition would depend on whether the circumstances are pressing, significantly impact your welfare and well-being, and whether you stand to suffer immensely if parole is not authorized.
Sometimes, the United States government will use parole to create broad, sweeping programs covering large groups of people. The most recent example is the Uniting for Ukraine program, which allowed Ukrainians fleeing the war to obtain travel authorization and a two-year parole period in the United States.
Other special parole programs include the Haitian Family Reunification Parole Program, the Cuban Family Reunification Parole Program, The Central American Minor Refugee Parole Program, the Filipino WWII Veterans Parole Program, and the Immigrant Military Members and Veterans Initiative.
Significant public benefits can vary.
Often, this form of parole extends to individuals who will be participating in legal proceedings, as their presence is required for justice to be served.
Public benefit petitions may also be granted for reasons of national security.
If you want to seek parole status, the burden of proof will be on you to show that you meet one of the two criteria. This is anything but easy. It’s not simply a matter of filling out a form. In addition, you may need to meet other criteria, such as proving you have a financial sponsor.
You’ll need legal help to present your evidence in a way that is likely to succeed. Retaining an immigration attorney also helps you determine whether there might be better programs for you to apply under.
Don’t try to handle US Immigration alone. Contact our offices to schedule a case review today.
See also:
How to Sponsor a Family From Ukraine
What is the Uniting for Ukraine Program?
Can Ukrainian Refugees Come to the United States?
A J-1 visa is used for individuals participating in officially approved work and study exchange programs. It is a non-immigrant visa that does not provide a path to a green card, though it does come with a pathway to restricted work authorization. Generally, J-1 students may only work on campus.
There are many programs, most targeting teachers, students, researchers, specialists, au pairs, and camp counselors. Here in Philadelphia, you’ll find several, including:
You are only allowed to remain in the United States for the duration of your program. You will then be required to return to your home country after graduation and to live there for at least two years. You’ll be required to return within 30 days of your program end date.
If an emergency situation arises at home, it is possible to waive these requirements so you may return home sooner.
A J-1 visa is not the same as an F-1 visa. An F-1 visa is a student visa that covers an entire program or course of study at a college or university. A J-1 visa will generally cover a single semester or another very limited period of time.
You will get your degree from your home university in your home country with a J-1, vs. an F-1, where you would obtain your degree from the college or university you apply to, attend, and name when applying for your F-1. However, you can apply for an additional 18 months of academic training (AT) in a field related to your program for up to 18 months after graduation. An F-1 student may apply to work up to 12 months via Optional Practical Training (OPT) instead.
A J-1 visa is also tied to a specific program, vs. an F-1 visa is tied only to your acceptance at an approved American college or university. When applying for a J-1, you must provide USCIS with all the program details. An accredited sponsor must provide at least 50% of your funding.
You must fill out three separate forms and provide several pieces of evidence to submit your J-1 visa. It is easy to make mistakes, which could cost you your dreams of completing an exchange program in the United States.
If you need help with your application, contact us. The Office of Hykel Law can help ensure that your J-1 visa application is in top-notch shape upon submission and can ensure that your program meets all applicable requirements.
See also:
5 Social Media Mistakes That Threaten Green Card Applications
Steps for Getting a Student Visa in the United States
Converting an F-1 Visa to an H-1B Visa
USCIS actively checks social media accounts for all green card applicants. They may deny an application out of hand based on what they find or ask intense questions at your visa interview based solely on what they find in your social media profile.
In fact, they review at least five years or more of social media history.
Knowing the most common social media mistakes immigrants make and what to do instead is important.
Remember, “good moral character” is a requirement for naturalization. If you ever want to become a citizen of the United States, it’s important to consider the picture social media paints of your activities.
In addition, you don’t want to give USCIS a reason to ask themselves whether you are a habitual drug user.
Posting pro-marijuana or pro-marijuana legalization content can also get you into trouble. While many states have legalized marijuana, it has not been legalized at the federal level. USCIS agents might assume your support indicates marijuana use, which can impact your admissibility.
This may come as a surprise, but failing to use social media can be a mistake, too, especially if you’re seeking a marriage-based green card.
Social media can be an excellent place to post evidence that a bona fide relationship exists, such as photos of you and your sweetheart on various outings. Be sure to change your “relationship” status on all accounts, too.
In addition, if you don’t have a social media handle, you’ll have to provide some proof that you don’t, as well as some proof as to why you don’t.
USCIS uses social media to identify potential threats to national security. Any evidence that you may be involved with terrorist groups or violent groups of any kind could impact your application.
Watch your friend groups, too; if you suspect a friend of yours is involved in certain activities, it might be a good idea to unfriend or unfollow that person.
Does anything in your social media history seem to contradict anything that might appear in your application? Look for posts that might have been said ironically or in jest.
Understanding what USCIS might see can help you and your attorney deal with issues as they arise. It also gives you the opportunity to delete any questionable content.
Never falsify information on your social media accounts or visa application.
You do not have to reveal social media passwords on your social media accounts on your visa application.
If you increase your privacy settings and avoid responding to suspicious “friend” requests, you may be able to block USCIS from seeing some content.
If you’re worried about something on your social media profiles, don’t hesitate to talk to your immigration lawyer about it.
Don’t have an immigration lawyer yet? Contact our office to schedule a case review. We’ll be happy to help!
See also:
4 Good Reasons to Bring an Attorney to Your Green Card Interview
3 Immigration Mistakes to Avoid
5 Steps to a Smoother Immigration Process
The 2023 visa lottery is over, but if you’re hoping to apply for a diversity visa, the time to start thinking about the process is now. A diversity visa offers you a path toward legally applying for a green card for yourself and your family, even if you would not have had an eligible path forward under any other program.
Every year, the US Department of State offers 50,000 immigrant visas at random.
To apply for next year’s lottery, you must fill out form I-485 and provide all the applicable supporting evidence by September 30, 2023. You may apply to the program for free. You must be admissible to the United States to qualify. You must have at least a high school degree or at least two years of work experience within the past five years in a profession that requires at least two years of training as determined by the United States Department of Labor.
You can apply from inside or outside of the United States. If you win while legally present in the United States, you will be eligible for an adjustment of status.
You must also be from an eligible country. This year, only a handful of countries are ineligible:
If you win, you’ll be notified 7 months after submitting your entry, but you won’t be done yet. You must complete and submit Form DS-260, Online Application for Immigrant Visa, and Alien Registration. If you were already in the United States, you must complete Form I-485, the Adjustment of Status.
You’ll be scheduled for an immigration interview. Immigration officers will ask you criminal and security questions. To prepare for this interview, you should consider retaining an immigration lawyer who can prepare you for the interview and attend it with you.
Once you pass the interview, you’ll receive your visa.
Applying for the lottery is a risk-free process. It’s a long shot, but 50,000 people realize their dreams of living in the United States through this program every year. If you are interested in receiving a green card, be sure to apply!
See also:
4 Good Reasons to Bring an Attorney to Your Green Card Interview
5 Steps to a Smoother Immigration Process
If you have the money and the ability, the EB-5 immigrant investment program is one of the easiest ways to obtain a US visa. You might also hear this visa type referred to as a “golden visa.”
You must meet several stringent requirements to ensure that your investment is helping to build the United States economy.
Instead, you must make a minimum investment of either $1,800,000 or $900,000 in a US company. You can make a lesser investment if you’re investing in an economically depressed area known as a targeted employment area, which will usually be a rural area in need of economic aid. The investment must lead to the creation of 10 full-time jobs for qualified US workers.
You must also meet additional requirements, including:
So, if the new venture is a hotel, you could buy the land where the hotel will be built. You’d then show that you’ll be employing front desk employees, housekeeping employees, and maintenance employees who will be running the hotel once it is fully built.
You also have the option to invest in an EB-5 Regional Center. A Regional Center sponsors new companies by gathering investment funds from EB-5 investors and funding projects in their area. You still become the partial owner of the project you choose to invest in, but the Regional Center will be responsible for complying with all the EB-5 requirements, and you can reduce your role to investing.
Remember that when you apply for an EB-5 visa, you must still meet other eligibility requirements for permanent residency. For example, you must still have a clean criminal record. Your money alone will not be enough to get you a green card if you do not meet the other requirements.
While this visa might seem easy to obtain, launching your EB-5 visa application remains a complex legal matter. Ensure your investment does what you hope it will do by working closely with Hykel Law. We are experienced immigration lawyers, and we’re ready to help.
It’s a great time to take advantage of the EB-5 visa, as there is a good chance the minimum investment will rise in the future. Contact us to start the process today.
See also:
Can You Get a US Visa by Investing in Philadelphia Real Estate?
How the Foreign Entrepreneurs Program Works
How Much Money Do You Need to Immigrate to the US?
Employment-based work permits and visas are expensive. There’s a good chance they’re going to get more expensive.
It’s natural to wonder who is going to pay for all this.
The answer? It depends on the type of fee you’re talking about.
The Immigration and Nationality Act requires employers to pay the fees associated with H-1B filing. The same is true for E-3 visas.
15-day premium processing fees are optional and may be paid by either party, depending on who wants expedited processing. The employer must pay the expense if the employer requests premium processing for their benefit. If the employee requests it, the employee must pay.
Employers are not permitted to demand reimbursement for these fees upon termination. In some cases, employers may seek damages from immigrants who terminate their employment before an agreed-upon date. You should read your employment agreement carefully and consult with an immigration lawyer to ensure that you’re protected.
Employers offering an I-140 petition are offering to sponsor an employee for a green card.
Some fees are the employer’s responsibility. Some may be employee’s.
The employer must pay Permanent Employee Certification (PERM) fees.
Either party may pay the I-140 fees. If you need clarification on whether you or your employer are paying these fees, you should refer to your employment agreement or contact your hiring manager. Ideally, you’d know the answer to this question before you accept any employment offer.
It’s wise to get the agreement in writing.
You need more than an I-140 petition to attain permanent residency status. The I-140 only shows you have sponsorship and the right to apply for a green card. It allows you to file for employment authorization at the same time. Your employer is not required to pay your I-765 fees, which cover your request for Employment Authorization. They may offer to do so as an additional benefit to help you work for them.
Upon approval of your I-140, you’ll receive a priority date.
To adjust to LPR status, an immigrant must file an I-485. You should do this as soon as you receive your priority date.
Either you or your employer may be asked to pay these fees. If you are asking your employer to pay these expenses, we recommend getting this stipulation of your employment in writing as well.
Immigration doesn’t get any simpler just because a United States employer has hired you.
Make sure you have filed all the appropriate forms, know what to expect, and give yourself your best chance at immigration by contacting our law office today.
See also:
What is a VisaScreen Certificate?
5 Steps to a Smoother Immigration Process
15% of the world’s working-age adults have a mental disorder. Depression and anxiety are on the rise.
So if you are seeking a green card here in the United States, it’s natural to wonder whether your mental health will serve as some impediment. Unfortunately, this worry is valid, as some mental health concerns or disorders can render you inadmissible.
USCIS primarily looks for physical or mental disorders associated with harmful behavior, past or present. They define harmful behavior as behavior that poses, may pose, or has posed a threat to the property, safety, or welfare of the applicant or others.
Examples include suicide attempts, significant property damage, or violent attacks against another person.
The mental disorder must also be clinically diagnosable. The alleged disorder must be defined by the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or by another authoritative source determined by the Director of USCIS.
A mental disorder without associated harmful behavior is insufficient for finding inadmissibility. So is harmful behavior without the associated mental or physical illness. However, harmful behavior may have led to criminal charges that could lead to a finding of inadmissibility on criminal grounds.
Individuals with mental health issues that might impact their green card application may apply for a waiver. USCIS will only grant this waiver after consulting with the Center for Disease Control and Prevention (CDC).
To receive a waiver, you’ll have to obtain a medical examination and provide USCIS with a supporting medical report and physician recommendations regarding the course and treatment prospects.
If USCIS grants the waiver, they may impose conditions upon the applicant, such as agreeing to make regular appointments with a US health provider to address their mental illness.
It’s essential to work closely with an immigration attorney any time you feel there might be an issue that could threaten your green card application. We can help you launch a strategy to maximize your chances of attaining your green card.
Contact Hykel Law to schedule a case review today.
See also:
4 Good Reasons to Bring an Attorney to Your Green Card Interview
Who Can Appeal an Immigration Decision?
As immigration attorneys, we don’t just prepare paperwork or go to court for our clients. We also can advocate for you throughout the immigration process.
You have the right to bring your attorney to your USCIS interview. Here are some reasons why we encourage you to do that.
Immigration officials sometimes ask questions in a confusing way. If you try to decipher the question for yourself and are wrong, you might give an answer that will harm your entire application.
Your attorney can stop and explain what the officer is looking for, ensuring that you provide accurate information.
Sometimes, despite all best efforts, USCIS officers have incorrect information or a misinformed impression about the facts of an applicant’s case. They may deny the application based on that wrong information.
Your attorney can step in and correct the officer’s impression and can do so in a way that doesn’t make an enemy out of the officer.
Some USCIS officers deliberately ask questions they know are confusing or problematic because they are looking for reasons to deny applications. Many immigration officers assume almost every application they receive is fraudulent. They’ve even seen some of their fellow immigration officers commit fraud, so they may be suspicious and hostile.
They tend to engage in this behavior less when a lawyer is present.
If they go ahead and ask these “trip up” questions, your lawyer can ask for a rephrase, tell you that you don’t have to answer, or otherwise challenge the validity of the question.
Many people are afraid that bringing a lawyer to the USCIS interview will communicate they have something to hide. In truth, it conveys that you know your rights and are prepared to exercise them. This communication shifts the power dynamics of the interview in your favor.
In addition, a good attorney will work with you to prepare you before your interview. Even American-born couples would struggle to answer every question they might ask. Working with an attorney who is familiar with the process can ensure that you’ve stopped to learn the answer to every question they might think of.
You’ll feel confident, fresh, and ready to handle whatever USCIS throws at you. So long as you are honest with your lawyer, you’ll know that you and your attorney have already addressed any issues that might arise.
Trying to get a green card?
Success starts with hiring the right immigration lawyer.
Contact Hykel Law to schedule your case review today.
See also:
5 Tthings Same-Sex Couples Should Know About Immigration
Immigration fraud now accounts for 52% of all federal criminal prosecutions. USCIS is getting more vigilant as a result, and site visits are one tool they use to help detect fraudulent immigration applications.
Usually, when we’re talking about site visits, we’re talking about one of two types of visits: employer site visits and home site visits. Here’s what you need to know.
Employers who rely on a large number of H-1B workers should expect the occasional visit under the Administrative Site Visit and Verification Program. These visits are random and unannounced.
You aren’t obligated to allow the Fraud Detection and National Security (FNDS) officer into your place of business, but it’s usually in your best interest to do so. They will want to verify that the employee is still present and actively working for your operation. They want evidence you’re running a legitimate business, as well.
For legitimate employers, these visits are relatively routine. Suppose you think any part of your operation might give an FNDS officer pause. In that case, it’s a good idea to sit down with an immigration lawyer to determine whether a genuine problem exists and, if so, how to rectify it.
Sometimes USCIS sends FNDS to the home of a married couple in the middle of an I-130 petition. This is often a sign that they suspect the marriage may be fraudulent.
Be aware they’ll often come well before 8:00 in the morning because that can help them check and see whether the spouses are sharing a bed.
They are looking for signs that you and your spouse share a home and sleep in the same bed. They may look to see whether you have roommates and what photos may be on the wall. They may even check your medicine cabinets or closets to see whether both of you have medications or clothes in the home.
Even if you aren’t home, they will find something to investigate: you can be sure they’ll talk to your neighbors too.
What should you do if this happens? You can refuse the visit, but you might not want to.
Assuming you’re in a bona fide marriage, you will want to walk them around and show them anything you can show them that helps support that fact. Let them look at the prescriptions, the clothes, and the shared breakfast. If one spouse is at work, when they show up, make time to return home. They usually don’t send FNDS out unless they suspect fraud, so do whatever you can to set their minds at ease.
As USCIS continues to crack down on fraud, it will become more necessary than ever to work closely with an immigration attorney throughout the application process. While we certainly do not ever advocate engaging in immigration fraud, we can help you identify potential problems so that you can deal with them long before an FNDS officer arrives.
Contact Hykel Law to schedule an appointment today.
See also:
Will a Small Courthouse Wedding Mess Up Your Green Card Application?
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.