The envelope with Logo from US Citizenship and Immigration Services - USCIS

The chilling of free speech under the Trump Administration has just gotten more severe. USCIS will now comb the social media accounts of immigrants lawfully present in the United States as non-immigrants (students are named, and others included are H-1B workers, O-1 extraordinary ability workers, P-1 athletes, E-2 investors, E-3 Australian professional workers to name a few) and if in their judgment the person espouses “anti semitic” sentiment, a status can be cancelled or a green card application can be denied as a matter of discretion.

This is dangerous territory and a fundamental assault on the right to free speech in this country. Think about how chilling that may be. Simply pointing out the loss of life in Gaza can be chalked up to “anti-semetism” and result in status and visa cancellations, denied green cards or worse: detention and summary deportation.

As Americans, it pains us to advise immigrants to refrain from speaking in a way that could be interpreted as anti-semitic by this Administration. We never thought we’d see the day where we had to advise people to be quiet in America, but here we are.

Now more than ever, representation is necessary before USCIS for immigration benefits applications. Call today for your consultation!

USCIS Official Statement

WASHINGTON— Today U.S. Citizenship and Immigration Services (USCIS) will begin considering aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect aliens applying for lawful permanent resident status, foreign students and aliens affiliated with educational institutions linked to antisemitic activity.

Consistent with President Trump’s executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, DHS will enforce all relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.”

“There is no room in the United States for the rest of the world’s terrorist sympathizers, and we are under no obligation to admit them or let them stay here,” said DHS Assistant Secretary for Public Affairs Tricia McLaughlin. “Sec. Noem has made it clear that anyone who thinks they can come to America and hide behind the First Amendment to advocate for anti-Semitic violence and terrorism – think again. You are not welcome here.”

Under this guidance, USCIS will consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests. This guidance is effective immediately.

For more information on USCIS and its programs, please visit uscis.gov or follow us on X (formerly Twitter), Instagram, YouTube, Facebook and LinkedIn

If you’re waiting on a decision from U.S. Citizenship and Immigration Services (USCIS), you know how frustrating it can be when the processing times drag on far beyond the expected wait. It can feel like your life is on hold, whether you’re waiting for a work permit, green card, or a visa petition approval. The good news is, there are actions you can take to address delays, and in some cases, legal intervention may be necessary to get the ball moving again.

A common course of action for those facing lengthy delays is filing a Writ of Mandamus, a legal mechanism that can help force USCIS to take action on your case. If your case is pending longer than the standard processing time or you’re just frustrated with the wait, contacting a skilled immigration lawyer can make all the difference in speeding up the process.

Is Your Case Really Delayed?

Before taking action, your immigration attorney will check USCIS processing times for your specific form type and service center. These are available online at USCIS Check Processing Times. USCIS considers a case outside normal processing if it hasn’t been adjudicated after the listed timeframe and you haven’t received a Request for Evidence (RFE) or other case update within the past 60 days. In some instances, even if your cases is within normal processing time, legal action can be taken. 

There are a variety of reasons why your case may be delayed at USCIS. The agency processes millions of cases every year, and each application goes through various steps before a decision is made. Common reasons for delays include:

  • Backlogs: USCIS may be experiencing a high volume of applications, leading to delays.
  • Missing or Incorrect Information: Errors in your application or missing documents can result in a request for additional evidence (RFE), which adds to the processing time.
  • Security Checks: Some cases, especially those involving sensitive national security concerns, may require additional vetting and checks, which can take time.
  • Change in Policy: USCIS processing times can be affected by new immigration policies, especially if there’s a shift in government leadership or changes to existing immigration laws.
  • Unknown Reason: Often there is not a good reason for USCIS, which is why contacting an attorney to advocate for you is a good idea. Hiring an attorney lets the agency know that you are serious about your case and they must fulfill their duty to adjudicate your application within a reasonable period of time. 

If your case is taking longer than expected and you confirm your case is outside normal processing times, consult with an immigration attorney about Writ of Mandamus

What is a Writ of Mandamus?

A Writ of Mandamus is a federal court lawsuit against the agency designed to compel a government agency, like USCIS, to take action on a case that has been unreasonably delayed. If you’ve been waiting far beyond the usual processing time for your immigration application—whether for a green card, work visa petition, asylum request, or any other immigration benefit—and USCIS has failed to act, a Writ of Mandamus can prompt them to make a decision.

While a Writ of Mandamus cannot force USCIS to approve your case, it does require them to make a decision, either approving or denying your application. This legal action essentially asks the court to order USCIS to move forward and resolve your case. This can be a critical step when all other avenues, like routine inquiries or status checks, have failed to produce results.

When is a Writ of Mandamus Appropriate?

The Writ of Mandamus is typically used when USCIS has significantly delayed a case without a valid reason or when the agency has failed to act within a reasonable timeframe. USCIS processing times can vary depending on the type of application and the service center handling the case. However, if your case has been pending longer than the published processing times, or if USCIS has not responded to your inquiries, filing a Writ of Mandamus might be the next logical step.

The key factor in deciding whether to file a Writ of Mandamus is whether the delay is unreasonable. For example, if your case has been pending for months or even years, and USCIS has not provided a reasonable explanation, you may have a legal basis for filing this writ.

How Does a Writ of Mandamus Work?

A Writ of Mandamus is filed in federal court, and its purpose is to force the government to fulfill its duty. In the context of USCIS, this means requiring the agency to make a decision on your case.

  • Filing the Complaint: Your immigration attorney in Philly will file a lawsuit in federal district court outlining the facts of your case and the unreasonable delay.
  • Government has 60 days to answer the complaint: Once the complaint is filed and served on the Government, they have 60 days to answer the complaint. The U.S. Attorney representing the government will reach out to USCIS to inquire about the delay of your case, which is another way that USCIS learns you are serious about securing the immigration benefit.
  • USCIS Action: USCIS will take a position on the lawsuit, communicated through the U.S. Attorney’s Office. Often, USCIS moves to complete the case within weeks or months – sometimes within the 60-day answer period after service of the complaint. USCIS may also contest the lawsuit, which clues you into why the case was delayed in the first place. Whatever occurs, the filing of mandamus results in some meaningful action being taken on your case to resolve the lawsuit.  

How Hykel Law Can Help with a Writ of Mandamus

If your immigration case is stuck in limbo due to an unreasonable delay with USCIS, Hykel Law can provide the guidance and legal support you need. With years of experience in filing Writ of Mandamus lawsuits, Hykel Law is dedicated to helping clients address significant delays and push USCIS to take action.

We begin by thoroughly reviewing the details of your case to assess whether the delay is excessive or unjustifiable. We will determine if a Writ of Mandamus is appropriate, and offer alternative solutions if the suit is not ripe for filing.

If it is time to file Writ of Mandamus, our team will carefully craft a well-documented complaint that outlines the unreasonable delay and the harm it has caused. At Hykel Law, we understand how critical it is to resolve these delays so that you can move on with your life in the United States with certainty.

Step to Take if Your Case is Taking Too Long

If your immigration case is stuck at USCIS for too long, it’s essential to take action. A Writ of Mandamus may be the key to forcing USCIS to make a decision on your case. Hykel Law is here to assist individuals and businesses in resolving delays and navigating the immigration system efficiently. If you’re facing a significant delay or facing complications with your case, contact us today for experienced guidance and support.

In a significant update for applicants seeking permanent residence in the
United States, U.S. Citizenship and Immigration Services (USCIS) announced
on January 22, 2025, that it has removed the COVID-19 vaccination
requirement for adjustment of status applicants. This policy change is
effective immediately.

The COVID-19 vaccination had been a required component of the medical
examination process for individuals applying for permanent residency (green
cards). This requirement, in place since October 2021, was part of a
broader effort to mitigate the spread of COVID-19. However, with the
evolution of the pandemic and increased immunity levels globally, USCIS has
decided to waive this mandate.
Key Highlights of the Announcement:

– *Effective Date:* The waiver took effect on January 22, 2025.
– *No Further COVID-19 Vaccination Requirements:* Applicants for
adjustment of status are no longer required to demonstrate that they have
received the COVID-19 vaccine during their medical examination process.
– *Streamlined Medical Exam Process:* With the removal of this
requirement, the medical examination process for green card applicants is
expected to become slightly less complex.

This policy update aligns with shifting public health guidelines and
reflects the ongoing transition to managing COVID-19 as an endemic issue
rather than a global emergency.
What This Means for Applicants:

If you are in the process of applying for adjustment of status, you no
longer need to provide proof of COVID-19 vaccination as part of your
medical examination. This change eliminates a potential hurdle for
applicants who, for various reasons, may not have received the vaccine.

However, it is still crucial to ensure that all other vaccination and
health examination requirements are met. These include vaccines for
measles, mumps, rubella, and other communicable diseases as stipulated by
the Centers for Disease Control and Prevention (CDC).
Hykel Law Is Here to Help

At Hykel Law, we understand that the immigration process can be complex and
that policy updates can raise questions. Our experienced legal team is here
to help you navigate these changes and ensure your application is in full
compliance with USCIS requirements.

If you have questions about how this policy update impacts your adjustment
of status application or any other aspect of your immigration case, don’t
hesitate to reach out. Schedule a consultation with Hykel Law today to
discuss your specific situation.

Stay informed and confident as you work toward achieving your immigration
goals – we’re here to support you every step of the way.
——————————

For more information about this update, visit the official USCIS
announcement here

CASE SUCCESS STORY – Restoration of USA CITIZENSHIP

These two clients (brothers) became US citizens upon their birth abroad to their U.S. Citizen father. When he applied for their U.S. passports abroad when they were kids, the family did not have adequate legal counsel and they instead filed for green cards, only obtaining their USA passports after entry to the USA and residency herein.

Fast forward a few decades and the US State Dept. cancelled their passports effectively stripping them of their U.S. citizenship status, claiming their citizenship was “erroneously obtained,” because they never “resided” in the USA as required under that section of law. One of these gentlemen was taken out of line by Interpol at the airport in Switzerland as if he was an international criminal.

After many lawyers told them they had no chance of success because they were not citizens, they came to Hykel Law where we considered all means of relief and looked beyond the cancellation notice citing only one point of law. We got to work and submitted several applications to the U.S. State Dept. and USCIS.

Eventually, one lawyer at the State Dept. called and said he agreed with our arguments and supporting evidence, and in fact, these men were born citizens of the USA.

Today, they obtained their citizenship certificates from USCIS! Congratulations, Demir and Ismail!

We share this story two days after so many Executive Orders were issued – one challenging birth right citizenship enshrined in our U.S. Constitution – to remind everyone that the law is only as strong as those of us who will honor it and fight for it, and that there are good people everywhere, especially in our government, who want to do the right thing and will do the right thing if we give them the support they need.

What is a Waiver?

A waiver, in the context of immigration law, is a form of legal forgiveness or exemption granted by U.S. Citizenship and Immigration Services (USCIS) or an immigration judge that allows an individual to overcome certain disqualifying factors that would otherwise prevent them from entering the United States, adjusting status, or receiving a visa. The applicant seeks to waive of a ground of inadmissibility to the United States. Waivers are typically used to address a range of issues, such as immigration violations, unlawful presence, criminal offenses, and misrepresentation, and they provide a means to complete the immigration process despite those barriers.

For example, under Section 212(a)(9)(B)(v) of the Immigration and Nationality Act (INA), a waiver may be granted for unlawful presence if the applicant can demonstrate that their denial of entry would cause extreme hardship to a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent. Similarly, Section 212(h) of the INA provides waivers for certain criminal convictions if the individual can prove rehabilitation and extreme hardship to qualifying family members.

Importantly, it’s crucial to understand that a waiver does not erase or negate the legal consequences of past actions. Instead, it offers a pathway to proceed with the immigration process, allowing the applicant to enter or remain in the U.S. despite the underlying issues. A well-prepared waiver application demands strong evidence of proof of rehabilitation and demonstrating that the individual’s absence would result in extreme hardship to their family members. Waivers effectively weigh many equitable factors such as medical hardship, psychological hardship, family ties to the United States, duration of residency in the United States against the negative factor (criminal conviction, fraud or other immigration violation). 

If you are facing challenges in your immigration journey, seeking the assistance of an immigration lawyer in Philly is essential to evaluate your eligibility for a waiver, develop a comprehensive strategy tailored to your circumstances and effectively present the case. Waivers should not be submitted without an experienced immigration attorney because the client risks losing time, money and perhaps detention and deportation if not successful. The attorneys at Hykel Law are experienced and have had countless successes.

Key Factors That Make a Strong Waiver Case

A successful case is based on several critical factors that strengthen the applicant’s position. While each case is unique, these key elements are generally crucial for presenting a strong waiver petition:

  1. Eligibility for a Waiver

The first step in determining if a waiver case is viable is to ensure that the applicant is eligible for the specific waiver they are seeking. Different waivers apply to different situations. For example, some waivers are available for individuals who have been unlawfully present in the United States, while others might be applicable to those with criminal convictions or past immigration violations. 

Understanding which waiver applies to a particular situation is essential. At Hykel Law, we have a team of experienced immigration attorneys in Philadelphia who can help you determine if you are eligible for a waiver and what steps need to be taken to secure your case.

  1. Demonstrating Hardship to Qualifying Relatives

In many cases, applicants must demonstrate that their refusal to grant the waiver would cause extreme hardship to a U.S. citizen or lawful permanent resident relative. This is a critical factor, as the decision to grant a waiver is often based on the impact it will have on the family members involved.

In a typical family-based immigration case, the applicant must prove that their absence or denial of status would lead to extreme hardship for their spouse, child, or parent. Hardship can be physical, emotional, financial, or medical, and it often requires extensive documentation to support the claim. It also requires extensive evidence about the conditions of the country to which the foreign national would be returned to prove that the needs of the family members cannot be met there. This is where skilled family-based immigration attorneys can play a pivotal role in gathering evidence and making a persuasive argument to USCIS or an immigration judge.

  1. Rehabilitation and Good Moral Character

For individuals seeking a waiver due to past criminal offenses, it is essential to demonstrate remorse, rehabilitation, and good moral character. Showing that the applicant has made efforts to be a good person, such as through community service, counseling, support of family and the community are critical elements in a waiver case.

  1. Strong Documentation and Evidence

One of the most important aspects of a waiver case is the strength and quality of the evidence provided. This includes not only supporting documents for the applicant’s claims but also any documentation that proves the hardship that would result from a denial. Supporting materials might include medical records, financial statements, letters from family members, and testimony from professionals who can speak to the individual’s rehabilitation or the effects of denial on their family.

A well-prepared application will be comprehensive and carefully documented. Immigration law firms in Philadelphia, such as Hykel Law, can help gather, organize, and present the evidence in the most compelling manner.

  1. Legal Argument and Strategy

The strategy behind a waiver case is equally important. An immigration attorney must build a clear and logical argument based on the specific facts of the case. It requires presenting compelling arguments about why the applicant’s situation warrants approval because the positive equities outweigh the negative factors.

  1. Timing of the Waiver Application

Timing can significantly impact the outcome of a waiver case. Applicants who are already in the U.S. and are seeking a waiver for past immigration violations may be able to submit a waiver application as part of their adjustment of status process. Alternatively, individuals seeking a waiver for unlawful presence or criminal issues may need to apply before entering or reentering the U.S.

  1. Appeals Process

If a waiver application is denied, it’s not necessarily the end of the road. The ability to appeal a waiver denial or refile the waiver application with stronger evidence must be explored. An immigration appeals attorney can assist with filing an appeal if the waiver is denied or advising that a refile may be a better approach. Appealing a waiver denial can be a complex process, and having a skilled attorney to guide you through this process is invaluable. 

Hykel Law: Your Trusted Partner in Immigration Matters

Building a strong waiver case requires careful planning, a clear understanding of the requirements, and the ability to present a compelling argument supported by robust evidence. Whether you are applying for a waiver due to past immigration violations, criminal offenses, or misrepresentation, seeking the advice of a skilled immigration lawyer in Philadelphia is essential to maximize your chances of success.

At Hykel Law, we understand the importance of crafting a strong waiver case and are committed to helping our clients achieve their immigration goals. If you are facing a waiver issue, don’t wait—contact us today to schedule a consultation.

The United States has a proud history of welcoming immigrants. However, the process of obtaining legal status in the U.S. can be complex and constantly evolving. If you are considering immigrating to the United States, or if you are already here and seeking a path to permanent residency or citizenship, a premiere Philadelphia immigration attorney at Hykel Law can be your trusted guide throughout the journey. Here’s how immigration attorneys can help.

An Immigration Attorney Ensures Compliance with Evolving Immigration Laws

U.S. immigration law is a dynamic field that is frequently modified by changes in federal policies, presidential orders, and court decisions. On Monday, January 20, 2025, the Trump Administration issued multiple Executive Orders on US Immigration Law, including heightened “extreme” vetting for all visa applicants, and revocation of birth right citizenship enshrined in our US Constitution.

This constantly shifting environment makes it difficult for individuals and businesses to keep up with the latest requirements and processes. An immigration attorney ensures that your case remains compliant with the most up-to-date regulations. By hiring an attorney, you avoid the risk of submitting an application that doesn’t meet current standards, which could lead to delays or denials.

An Immigration Attorney Minimizes the Risk of Errors in Your Application

Errors in immigration applications are one of the most common causes of delays or denials. According to the U.S. Citizenship and Immigration Services (USCIS), incorrect or incomplete applications result in an increase in processing time. Even small mistakes, such as missing a signature or incorrect dates, can cause your application to be rejected or delayed.

An immigration attorney in Philadelphia minimizes these risks by thoroughly reviewing your application and ensuring that all required information is accurate and complete. By utilizing their knowledge of immigration forms and the documentation required for each type of application, an attorney helps you avoid these costly mistakes. At Hykel Law, our team ensures that every application meets the necessary standards, reducing the chance of errors and speeding up the process.

An Immigration Attorney Helps You Gather the Necessary Documentation

One of the major challenges applicants face, is the sheer volume of documentation required for various immigration processes. For example, an immigrant visa application requires evidence of financial support, proof of identity, and family ties, among other documents. Missing even one document can lead to delays or denials, according to the National Immigration Forum.

An immigration attorney helps you gather the necessary documents by providing a checklist tailored to your specific case. They know exactly what supporting evidence is required for different types of applications and will ensure that everything is in order before submitting it to the authorities. This saves you time and avoids the potential frustration of being asked to provide additional documents later in the process.

An Immigration Attorney Guides You Through the Complicated Visa Process

The U.S. offers more than 180 types of visas, each with its own set of rules and eligibility criteria. Whether you are applying for a family-based visa, an H-1B work visa, or an EB-5 investor visa, each application comes with its own set of requirements. In fiscal year 2020, the U.S. issued over 460,000 employment-based visas, but navigating the process without legal assistance can result in a denial.

An immigration attorney guides you through this complex process by evaluating your specific situation and helping you choose the right visa. They will help you fill out the required forms, prepare for interviews, and ensure that all documentation is properly submitted. At Hykel Law, we help both individuals and businesses understand which visa option best suits their needs and handle the entire application process from start to finish.

An Immigration Attorney Defends Against Deportation or Removal

Deportation is a serious legal issue, and the consequences can be devastating. The Trump Administration has vowed to deport millions of people in its first year of office (2025). Even before the Trump Administration took office, the Department of Homeland Security, deported 300,000 people from the United States in 2020. In fact, the U.S. President who deported more people than any other was Barack Obama. If you are facing deportation, you need immediate and legal representation to protect your rights.

An immigration attorney can defend you against deportation by exploring potential legal defenses, such as asylum claims, waivers, family-based petitions or humanitarian based applications (crime victim visas or trafficking victim visas). They help you understand your options and represent you in court, ensuring that your case is presented in the best possible light. With the help of an experienced immigration litigation attorney, your chances of securing relief from deportation increase significantly.

An Immigration Attorney Helps You Apply for Asylum or Refugee Status

The process of seeking asylum can be one of the most difficult challenges in immigration law. According to the UNHCR (UN Refugee Agency) Report of 2020, more than 250,000 asylum claims were filed in the U.S. in 2020. Asylum applicants must prove that they have been persecuted or have a well-founded fear of persecution in their home country, which often requires detailed evidence and documentation.

An immigration attorney helps asylum seekers present their case effectively by ensuring that all supporting documents are in order, preparing you for the asylum interview, and representing you at the asylum hearing. Hykel Law has a proven track record of helping clients navigate the asylum process and secure their right to remain in the U.S.

An Immigration Attorney Helps with Family-Based Immigration

Family unification is often a primary goal for many immigrants. However, the process for sponsoring family members for visas or permanent residency can take years, depending on the circumstances. For example, immediate relatives may have a faster path, while other family categories may experience longer waiting periods.

An immigration attorney helps you navigate the family-based immigration process by recommending the fastest option, representing you through the application, providing the correct information and documents to maximize the fastest approval and anticipating deadlines. With legal support, you can increase your chances of a smooth and timely union with your loved ones.

An Immigration Attorney Assists with Immigration Appeals

If your immigration application is denied, you have the right to appeal the decision. According to USCIS data, nearly 15% of visa applications are initially denied, and a significant number of these denials can be overturned on appeal. However, the appeals process can be complex and requires a solid understanding of immigration law and procedure.

An immigration attorney assists you with filing an appeal by analyzing the reasons for the denial and preparing a strategy to challenge the decision. They will help you gather additional evidence, file the necessary paperwork, and represent you with strong advocacy. With professional legal representation, the chances of successfully overturning a denial are greatly improved.

An Immigration Attorney Helps with Employer and Employee Immigration Issues

Businesses often face challenges when hiring foreign workers due to the complex nature of U.S. employment visa laws. New H-1B rules took effect on January 17, 2025, and will apply to H-1B visa petitions for the lottery to be conducted in March of 2025. Applying for these visas requires strict adherence to regulations, and any misstep can lead to delays or rejections.

A corporate immigration attorney helps businesses navigate these issues by providing guidance on the best visa options, assisting with the application process, and ensuring compliance with immigration laws. By handling these legal aspects, an attorney allows businesses to focus on growing their workforce without worrying about visa-related complications.

An Immigration Attorney Provides Legal Representation in Immigration Court

Immigration court is a high-stakes environment where individuals fight to stay in the U.S. In 2020, more than 1.3 million cases were pending in U.S. immigration courts and many more will be added as the Trump Administration moves to deport millions of people from the United States in 2025. When facing deportation, many applications for relief can be presented including applying for asylum, seeking adjustment of status, or cancellation of removal. Chances of success in relief from removal are much higher with legal representation in immigration court.

An immigration litigation attorney provides representation by presenting your case effectively, filing the necessary paperwork, and advocating on your behalf in court. This professional legal representation increases the chances of a favorable outcom.

Get Help with Your Immigration Needs Today

Immigration is a significant journey, and having the right legal support can make all the difference. At Hykel Law, we offer the knowledge, resources, and personalized approach needed to tackle your immigration challenges successfully. Contact us today to find out how we can help you achieve your immigration goals.

If you want to sponsor an employee for an employment-based green card, you must complete the permanent labor certification (PERM) process.

Frankly, the process is a mess, and it’s easy to get wrong.

Here are a few pitfalls to know about.

Misunderstanding the Timeline

The Department of Labor says PERM applications should be resolved in 45 to 60 days. However, the process can take up to two years to complete.

Failing to anticipate these delays could create complications for your business.

Passing Up Qualified American Employees

Apple recently paid a $25 million settlement after the Justice Department determined that Apple illegally discriminated in hiring and recruitment in hiring and recruitment against U.S. citizens and certain non-U.S. citizens whose permission to live and work in the United States does not expire.

It’s not clear why Apple preferred PERM beneficiaries to locals. But in addition to paying a significant amount of money to the qualified workers harmed by their hiring practices, Apple must also conduct more expansive recruitment for all PERM positions, train employees on the INA’s anti-discrimination requirements, and be subject to departmental monitoring for a three-year period.

Some companies may prefer PERM employees because those employees are less likely to leave, but you are still required to make an honest attempt to recruit locally.

Failing to Notify and Consider Laid-Off Employees

PERM requires any company that has laid off workers within six months of the anticipated PERM filing date to notify those workers that there is a job opening. They must consider those workers. If you can find even one laid-off worker who can fill the role, you can’t proceed with the labor market test.

You don’t necessarily have to hire that worker, but you nevertheless will be required to hire an American worker after finding the qualified laid-off worker.

Failing to Work With an Immigration Attorney Early Enough

Most employers work with an immigration attorney at some point during the process, but some wait too long to seek advice and support.

For example, an immigration attorney can help you review job postings to make sure your company will have an excellent chance of demonstrating that you did indeed make a good-faith effort to hire an American employee. We can also help you navigate other aspects of the process, which can become quite labyrinthine.

We can also help you avoid pitfalls specific to your role, industry, or company.

Ready to get started? Contact Hykel Law today.

See also:

PERM Lawyer

How Does an Employment-Based Green Card Work?

Is It Possible to Get a Work Visa Without Sponsorship?

If you want to apply for asylum in the United States, you’ll have to go through a credible fear hearing. You may also hear this hearing referred to as a reasonable fear hearing. You cannot even fill out an asylum application until you go through this interview.

Asylum officers ask specific questions during these interviews. You may be asked to share:

  • Experiences of persecution, torture, or harm that you’ve personally experienced in the past.
  • Why you fear you will be persecuted or tortured in the future.
  • The specific people or organizations you fear.
  • Whether you’ve had any other experiences in any country that could place you at risk of persecution or torture.
  • Whether there is any chance you can safely live anywhere else in your country. You often have to show that you tried to go elsewhere in your country and continued to face persecution, harm, or torture. If a specific government policy that applies to the entire country is the source of your fear, then you may be able to side-step this requirement by explaining the law of your land.

Your race, religion, nationality, political opinion, sexual orientation, gender orientation, disability status, or other protected status must usually motivate the danger you face. If the government was involved in your persecution, you should share that information. If they ignored you when you tried to report the crime or refused to help or protect you, then you should share that information as well.

Asylum officers will not ask:

  • If you are a good person.
  • If you have plans to work hard or know how you’ll support yourself.

You need to tell the truth, but you can prepare by knowing what will be asked. This will help you organize your thoughts and give a concise answer that tells the asylum officer what they need to know. This can be difficult if you’ve already been detained, but try to do the best you can.

You also have the right to ask for an interpreter so that the interview may be conducted in your preferred language.

The asylum officer should read everything you said back to you. This is to give you the chance to correct anything the officer misunderstood or misrecorded. Do not let a mistake slide. You will not have another chance to repeat this interview, though you will have a chance to appeal the results.

Most asylum seekers do not receive interviews the moment they enter the country. There is usually time to work with an immigration attorney and to get some help with preparation.

There is a good reason to do so. USCIS says roughly 40% of migrants fail to establish the credible fear required for asylum. Currently, officers are completing twice as many interviews per month as they did a year ago, and they’re doing so under much tighter rules. Those aren’t great odds if you’re going to go it alone.

If you know you have a credible fear hearing soon, reach out to Hykel Law to get help today.

See also:

What is the Difference Between Asylum Status and Refugee Status

7 Documents You’ll Need for Your Asylum Case 

Asylum

A green card is a permanent residency card. It gives you the right to live, work, and study in the United States indefinitely.

A visa is a short-term document that permits you to remain in the United States for a specified period of time.

Do you have to get a visa to get a green card?

Yes. You must obtain a visa before you obtain a green card, though you may file both immigration petitions at the same time. Your visa will be stamped into your passport before you travel to the United States.

To obtain a green card, you must already be present in the United States. Once you apply, your ability to travel outside of the United States becomes limited. You will usually want to obtain advance parole before leaving the United States for any significant period of time.

What kinds of visas exist?

Visas come in two major forms: nonimmigrant visas and immigrant visas. Non-immigrant visas allow you to stay within the United States for a specified period of time without allowing you to apply for a green card.

Immigrant visas allow you to apply for a green card.

Of course, there are many subcategories within those two categories, including student visas, traveler visas, worker’s visas, and more. Working with a qualified immigration lawyer can help you determine which visa is right for your situation and goals.

Can a green card holder lose their green card?

There are five ways a green card may be lost.

  1. Living outside the United States for more than 12 months or leaving the United States for more than six months without a re-entry permit.
  2. Voluntary surrender.
  3. USCIS discovers that you obtained your green card through fraud or willful misrepresentation.
  4. Certain types of criminal convictions.
  5. A failure to remove conditions on residence by converting a two-year conditional green card to a permanent 10-year green card.

If you would like to travel at will and want to remove any danger of losing your green card status, then it may be wise to begin the process of naturalization, which will transform you into a citizen. A naturalized citizen may also vote and serve on a jury.

Should I carry my green card everywhere?

Yes. You must carry your green card with you at all times. Failure to carry it is a criminal misdemeanor punishable by a $100 fine or up to $30 days in jail. It’s not a bad idea to keep an electronic copy as well as a physical copy, just in case.

How can I get a green card?

The first step is to reach out to a qualified immigration lawyer. The team at Hykel Law can help you choose and apply for the right green card program. We can also help you maximize your chances of success by ensuring all your paperwork is filled out correctly and that you’ve provided enough evidence to make your application successful.

Ready to get started? Contact Hykel Law today.

See also:

Are There Risks to Applying for Citizenship?

Understanding Re-Entry Permits for Permanent Residents

How Green Card Renewals Work

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