Monthly Archives: October 2017

Temporary Protected Status Generally

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The following guide is intended for applicants for Temporary Protected Status from a designated country.

Generally

Temporary Protected Status (TPS) is a temporary status that the U.S. government grants to persons already in the United States that are from countries determined unsafe for return if: There is ongoing armed conflict within the country; or A natural or environmental disaster has led to a substantial but temporary disruption of living conditions; or Other extraordinary and temporary conditions prevent persons from returning to the country in safety.

Time Period

When the United States designates a country for TPS status, it will also designate a time period in which persons from that country must register for TPS benefits and as well as a termination date.

Eligibility

To establish your eligibility for TPS, you must: provide proof of your identity; provide proof that you are a national of a TPS-designated country; provide proof that you have been continuously living in the United States since the date of TPS-designation; register within the designated registration period; and not be subject to certain security and criminal grounds that make you inadmissible.

Obtaining Immigration Forms

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The following guide is intended for immigrants seeking to obtain immigration forms from USCIS for purposes of applying for an immigration benefit.

USCIS Webpage

The USCIS webpage, found at https://www.uscis.gov/forms. USCIS are always free and can be downloaded on USCIS site. They can be completed using the latest version of Adobe Reader.) Don’t pay anyone for copies of our forms.

 

Order by Mail

You can order forms by mail, or by calling 1-800-870-3676, USCIS Customer Service Number. You should request the form number for each form you need, and the quantity of each form; Your complete name Your complete mailing address including apartment or unit number Your city, state and ZIP code You can expect to receive the forms within five to 10 days after your call. Forms requested by phone will only be sent to addresses within the United States and its territories.

Form Filing Tips

Don’t forget to sign your forms, as doing so will result in the rejection your application. Also be sure to submit the required evidence for each application. When filing, if you would like to receive E-Notification, you may file Form G-1145 to receive an email and/or text notification that your application has been accepted.

SIJ – Form Filing Tips

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This guide is intended for immigrants seeking to obtain Special Immigrant Juvenile Status for a child who has been the victim of abuse, abandonment or neglect.

Purpose

Special Immigrant Juvenile Status (SIJ) status is intended for certain children who are unable to be reunited with a parent. Children who get a green card through the SIJ program can live and work permanently in the United States.

Eligibility

To petition for SIJ you must have a state court determine the following: To declare that you are a dependent of the court or to legally place you with a state agency, a private agency, or a private person and It is not in your best interests to return to your home country (or the country you last lived in) and You cannot be reunited with a parent because of ANY of the following: Abuse, Abandonment, Neglect, Similar reason under state law After you obtained the necessary state court finding, the following grounds of eligibility apply: 1. You must be under 21 years old on the filing date of the Form I-360. 2. Your state court order must be in effect on the filing date of the Form I-360 and when USCIS makes a decision on your application; 3. You cannot be married, both when you file your application and when USCIS makes a decision on your application; 4. You must be inside the United States at the time of filing the Form I-360

 

Forms Needed for Filing

Depending on your specific circumstances (i.e. you may require a waiver for a ground of inadmissibility) the following forms will need to be filed with USCIS upon obtaining the necessary state court order. I-360, Petition for Amerasian, Widow(er), or Special Immigrant I-485, Application to Register Permanent Residence or Adjust Status I-765, Application for Employment Authorization I-601, Application for Waiver of Grounds of Inadmissibility I-912, Request for Fee Waiver The I-360 should accompany the following: Certified copy of the court order showing the decisions mentioned in Eligibility for SIJ Status; Copy of your birth certificate, or other evidence of your age, and its English translation; Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if an attorney or accredited representative represents you;

SIJ Status

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This guide is intended for immigrants seeking to obtain Special Immigrant Juvenile Status for a child who has been the victim of abuse, abandonment or neglect.

Purpose

Special Immigrant Juvenile Status (SIJ) status is intended for certain children who are unable to be reunited with a parent. Children who get a green card through the SIJ program can live and work permanently in the United States.

Eligibility

To petition for SIJ you must have a state court order that contains certain findings USCIS uses to determine your status, including the following: To declare that you are a dependent of the court or to legally place you with a state agency, a private agency, or a private person and It is not in your best interests to return to your home country (or the country you last lived in) and You cannot be reunited with a parent because of ANY of the following: Abuse Abandonment Neglect Similar reason under state law

Procedure

1. You must be under 21 years old on the filing date of the Form I-360. 2. Your state court order must be in effect on the filing date of the Form I-360 and when USCIS makes a decision on your application; 3. You cannot be married, both when you file your application and when USCIS makes a decision on your application; 4. You must be inside the United States at the time of filing the Form I-360

Green Card through SIJ Status

Once you have met all the eligibility requirements for SIJ status, you need to establish your eligibility for a green card. You may need to file for a waiver in order to get a green card if you are inadmissible for any reason.

Extended Travel as LPR

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This guide is intended for LPR intending to travel abroad for an extended period of time.

Documents for Departure

Generally, you should carry your passport from your country of citizenship and state-issued identification with you upon leaving the United States. Additionally, you may need to travel with a country-issued visa for entry into your final destination.

Documents for Arrival

When returning to the U.S. after a temporary stay abroad, you will need to present a valid, unexpired Form I-551, Permanent Resident Card. When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, and foreign national I.D. card to determine if you can enter the United States.

Extended Travel Abroad

If your absence from the U.S. will be over 6 months, it is advisable to first apply for a reentry permit on Form I-131 before departing the U.S. This re-entry permits allows a LPR to return to the U.S. without obtaining a returning resident visa from a U.S. Embassy or Consulate abroad. If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate.

Travel as a LPR

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Documents for Departure

Generally, you should carry your passport from your country of citizenship and state-issued identification with you upon leaving the United States. Additionally, you may need to travel with a country-issued visa for entry into your final destination.

Documents for Arrival

When returning to the U.S. after a temporary stay abroad, you will need to present a valid, unexpired Form I-551, Permanent Resident Card. When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, and foreign national I.D. card to determine if you can enter the United States.

Lost Green Card

If you lose your green card or reentry permit or it is stolen or destroyed while you are abroad, you may need to file a Form I-131A, Application for Travel Document before travel.

Renewing a Green from Outside the U.S.

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This guide is intended for LPR intending to renew their green card

Eligibility

If you are a Lawful Permanent Resident whose green card is set to expire within 6 months or has already expired, you may begin the renewal process.

Process

Complete Form I-90, Application to Replace Permanent Resident Card. This application is used by lawful permanent residents and permanent residents to apply for replacement or renewal of existing Permanent Resident Cards. Conditional permanent residents may also use this application to apply for replacement of an existing Permanent Resident Card.

Status Check

You may check the status of your application online at My Case Status. If you have immigration-related questions, you may call the USCIS National Customer Service Center (NCSC) at 1-800-375-5283.

Renewing a Green Card from the Outside the U.S.

If you are outside the United States and your green card will expire within 6 months, you should file for your renewal upon entry into the U.S. If you are outside of the United States when the card expires and you have not applied for the renewal card prior to your departure, you should contact the nearest U.S. Consulate, USCIS office, or U.S. port of entry before renewal.

Renewing a Green Card

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Eligibility

If you are a Lawful Permanent Resident whose green card is set to expire within 6 months or has already expired, you may begin the renewal process.

Process

Complete Form I-90, Application to Replace Permanent Resident Card. This application is used by lawful permanent residents and permanent residents to apply for replacement or renewal of existing Permanent Resident Cards. Conditional permanent residents may also use this application to apply for replacement of an existing Permanent Resident Card.

Status Check

You may check the status of your application online at My Case Status. If you have immigration-related questions, you may call the USCIS National Customer Service Center (NCSC) at 1-800-375-5283.

Appeal

If your application is denied, you will receive notice explaining the basis for the denial. You may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision.

2nd Office Location

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Agarwal Law Offices is very excited to announce that we currently in our second location in Framingham, Massachusetts.
The official address is: 945 Concord Street, Framingham, MA 01701. We will continue to maintain the Andover, MA location at 3 Dundee Park. This expansion will allow Attorney Agarwal to meet and work with clients from Essex and Middlesex Counties. Similar to our convenient Andover office, located directly behind the Commuter Rail Station, the Framingham location is minutes from Route 128 and Interstate 495, and offers optimum access to metropolitan Boston via the Massachusetts Turnpike.
The expansion of Agarwal Law Offices comes after an assessment of the need for quality immigration service providers in the Metro-West region of Massachusetts. Through extensive experience and positive results, Attorney Agarwal is best suited for the needs of this rich population of immigrants. In addition, we hope to provide added convenience to our existing clients who prefer one location over another, as we constantly strive to accommodate our clients. Check back for office hours at each location soon. We look forward to serving the community and hope to see you soon!

Work Permits for Amerasian

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Generally
U.S. law allows a person who was born in Korea, Vietnam, Laos, Kampuchea (also known as Cambodia), or Thailand between January 1, 1951 and October 21, 1982 and fathered by a U.S. citizen to acquire permanent residence.

Eligibility
You may be eligible to receive a green card as an Amerasian if the following conditions are met: 1. You were born in Korea, Vietnam, Laos, Kampuchea, or Thailand between January 1, 1951 and October 21, 1982 and were fathered by a U.S. citizen 2. You have a financial sponsor in the United States who is 21 years of age or older, of good moral character, and is either a U.S. citizen or permanent resident 3. You are admissible to the United States 4. An immigrant visa is immediately available to you
Application Process

To obtain a green card, you must file, or have had filed on your behalf, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Work Permit

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States. You must file Form I-765 concurrently with your Form I-485 and await the processing of your work permit.