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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?
Can You Move During Your Immigration Case?
If you are a foreign employee of the media, press, or a radio station who needs to come to the United States to work on a story, then the I Visa is the right visa for you.
Here’s what you need to know about this visa category.
You can apply for an I Visa if:
Spouses and children under the age of 21 may accompany the I visa holder to the United States on visas of their own. They won’t be authorized to work in the United States, but they may attend school.
You cannot travel to the United States to create advertisements, to search for work, or to do projects for the entertainment industry.
You must apply for an I Visa at a United States consulate before you come to the United States.
Plan ahead with your media organization, because processing can take 3 to 5 weeks. Thus, these visas are generally not the best visas for hot, fast news stories. They’re better for longer, ongoing situations or for documentary projects.
If you need to get into the United States for a shorter news cycle story, you may need a different kind of visa that works a little faster.
It depends on the anticipated length of the project. They last for a maximum of five years, but that doesn’t mean you’ll receive a 5-year visa for every single projects.
If there is a reason why your project may need more time, you may file Form I-539 to apply for an extension of stay. Extensions don’t last longer than 90 days, but you can submit multiple, sequential, timely-filed extension of stay requests.
Your visa will have a Duration of Stay listed on the visa. You must pay attention to this date.
Finally, if you leave the foreign media organization the I visa will no longer be valid and will need to leave the United States.
Our office helps professionals around the world navigate the visa process so that they can pursue their goals in the United States.
Smooth the process by reaching out to our law office today.
See also
How Much Money Do You Need to Immigrate to the United States?
Healthcare professionals who are immigrating to the United States must complete a VisaScreen to qualify for certain work visas. VisaScreen helps match credentials earned in other countries to eligibility standards here in the United States.
The program reviews the applicants education, licenses, and English language skills. Nurses must also pass a US-registered nurse licensing exam, or prevent a CGFNS certificate.
Completing the VisaScreen program ensures you’ll be able to work in your field when you get to the United States, rather than being forced into underemployment.
You will require a VisaScreen if you are a:
Immigrants from some countries are exempt from having to complete the VisaScreen process. The exemption countries include Australia, Barbados, Canada, Ireland, Jamaica, New Zealand, South Africa, Trinidad, Tobago, and the United Kingdom. You also will not need one if you are seeking permanent residency status based on your relationship to a United States citizen.
You can ask for Expedited Review, which means you’ll receive your certificate within 2 to 3 business days, so long as you meet all of the requirements.
Without expedited service, the amount of time that it takes to complete your report and generate your certificate does vary.
Once you pass the VisaScreen you’ll be awarded a VisaScreen Certificate. This may be presented as part of a visa application or brought to a consular office. You can also show the certificate to a potential employer to help them understand the extent of your qualifications.
A VisaScreen certificate is valid for five years.
You may renew the certificate without retaking certain exams as long as you can show you’ve been employed in the United States in the health care profession designated on your certificate for at least 27 to 36 months, including 9 months of the year before the date that the renewal application is submitted. You must also have your employer complete, sign, and submit an employment summary on corporate letterhead.
A VisaScreen is just one of the many requirements a healthcare professional must meet in order to immigrate to the United States. There are many other complex steps that you will have to go through, even if you are only seeking temporary work here.
Smooth the process by reaching out to a qualified immigration law. Hykel Law is here to help and ready to listen. Contact us today.
See also:
Immigration to the US, for Nurses
3 Immigration Mistakes to Avoid
Is it Possible to Get a Work Visa Without a Sponsorship?
Becoming a lawful permanent resident of the United States is possible with an EB-5 investment visa. Yet you can’t just buy yourself a house in Philadelphia (or any other city in the United States) and expect to meet the requirements. Your single-family residence wouldn’t count at all.
Instead, you must directly or indirectly invest $900,000 or $1.8 million into real estate for a business enterprise, along with meeting the other requirements of the EB-5 visa.
Nevertheless, if you can come up with the money, this is one of the easiest and most straightforward ways to secure a green card which includes a pathway to citizenship. In addition, you can obtain permanent green cards for your spouse and all unmarried children under the age of 21.
In order to begin the process, you must find an EB-5 approved real estate project and invest in it. There are companies who specialize in helping immigrants find these projects. You could also invest with an EB-5 regional center. There are quite a few of them in Pennsylvania.
You will also have to create a business plan which reflects EB-5 investor program requirements, which is a task a qualified immigration lawyer can help you with.
Finally, your investment must create at least ten full-time jobs for American workers, and you must prove that it has done so. You have two years to meet this goal with your investment. If the investment fails to meet this goal then the visa may be at risk. As real estate does not always create jobs, it may be wise to look into other investments as well.
You’ll receive a conditional green card, which can be adjusted to a permanent green card after a year.
You will also have the right and ability to profit off of your investments, and may be eligible for certain tax benefits (contact an accountant for tax benefits and obligations).
Choosing an EB-5 visa is a very serious legal and business decision, and it’s not something you should be attempting on your own.
Make sure you add an experienced, qualified immigration lawyer to your team. We can help ensure that your visa application is as strong as possible. If you’re going to invest a million dollars into your quest to move your family to the United States, it is worthwhile to get the job done right.
See also:
5 Steps to a Smoother Immigration Process
Tax Time for Immigrants: What You Should Know
More than 10,000 people age out of green cards each year. The issue is becoming so major that many tech companies are urging the Department of Homeland Security to revise aging out policies. More than 200,000 children grow up in the United States on parent visas, without having visas of their own.
If your child turns 21 while you’re still waiting for a green card then they might “age out” of the permanent status that they would have gained if their parent had been able to obtain a green card. This problem is very common thanks to backlogs in US immigration.
The Child Status Protection Act is meant to help with this issue somewhat. It allows some beneficiaries to retain status as a child for the purposes of immigration, even if they’ve reached the age of 21.
CPSA beneficiaries must be:
The child’s “immigration age” is calculated by subtracting the number of days the petition has been pending from the age of the child at the date a visa becomes available.
You might have to leave the country. There may also be options for obtaining employment-based authorization of your own, or, if you are getting married to a US citizen, you may be able to obtain spousal immigration on your own, as an adult, rather than as a child.
It is possible for the children of immigrants to get green cards of their own, or even to naturalize as US citizens. Yet this requires help from a qualified immigration lawyers.
If you fear you or your child are in danger of “aging out,” don’t delay. Contact Hykel Law to set up a case review today. We’ll review your options, answer your questions, and discuss next steps.
Contact us today.
See also:
Is My Family Member Eligible for Immigration?
What is the Child Citizenship Act?
Dobbs v. Jackson Women’s Health Organization recently overturned Roe v. Wade. Thanks to “trigger laws,” abortion became illegal in multiple states. It remains legal here in Pennsylvania, but that status could change.
The abortion issue recently made immigration news when US border officials asked an Australian tourist if she’d ever had an abortion. She was being detained at the time, and CBP claims the question was asked to determine if there were specific health needs they needed to meet. They also claim the question is supposed to be about pregnancy loss, that is, stillbirths or miscarriages that could indicate medical issues, and not abortion.
Nevertheless, the question was asked, raising the specter of whether or not there would be a great deal of intersection between abortion law and immigration law in the near future.
Getting an abortion in any of those states could lead to a felony conviction, which could make you ineligible for immigration benefits.
In addition, “Good Moral Character” is required for many immigration benefits. An abortion could be used against a woman seeking those benefits. The application of this could come down to the opinions and views of individual judges.
So, what should you do?
If you had a legal abortion in your own country or in a state where abortion is legal at some point in the past, then you do not necessarily have to disclose that abortion. Immigration forms if you’ve ever been arrested for a crime or convicted of a crime. They do not ask if you ever took an action that was legal at the time but is illegal now. Forms can change, of course, but as of right now there are ways to ensure the question simply does not come up.
If you are seeking an abortion now you should work closely with your immigration attorney before making any moves. You will want to be sure that it is legal when you do so and that it is unlikely to impact your current immigration case in any way. While it may not feel fair that you have to take all of these extra steps, immigration law is a minefield and “fairness” isn’t always the first concern of lawmakers at any level.
Immigration law changes swiftly, so it’s important to work with an attorney who will stay on top of it and who will help you respond to any changes that might impact your specific case.
Need help? Contact Hykel Law today.
See also:
What You Need to Know About “Good Moral Character” in Your Immigration Case
5 Steps to a Smoother Immigration Process
How Much Does an Immigration Lawyer Cost?
The Child Citizenship Act passed in the year 2000. If you have a child or adopted child of a U.S. citizen parent by birth or naturalization the child may be able to automatically acquire citizenship when entering the United States as a lawful permanent resident as long as they meet the following requirements:
If the child meets the requirements they do not have to apply for a certificate of citizenship, though they may acquire one if they wish.
This program often applies to the children of American parents who choose to adopt children from overseas. American parents adopt thousands of children from other countries every year, though this practice has declined in recent years.
It can also apply to some individuals who might wish to come to the United States as adults. Children born to a U.S. Citizen whose birthdate is on or after November 14, 1986, may have a right to U.S. citizen as long as the U.S. citizen parent was physically present in the U.S. for a period of at least 5 years at some time in his or her life prior to the birth, of which at least two years were after their 14th birthday.
If one parent was a U.S. citizens at the time of birth and the birthday falls between October 10, 1952 and November 14, 1986 then that person may have gained automatic citizenship at birth, so long as the parents were married and the U.S. citizen parent had been physically present in the U.S. for a period of at least ten years at some time in their life prior to the birth, at least five of which were after their 14th birthday. Such a person would want to apply for a certificate in order to gain access to the privileges of citizenship.
If you think you may be eligible for citizenship, or need help securing a child’s citizenship privileges, reach out to Hykel Law. While it can seem like the Child Citizenship Act is relatively straightforward, actually taking advantage of the law can become complicated quickly.
See also:
How to Help Your Parents Enter the United States Legally
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.