Immigrant Visas Based on Family Relationships

Depending on your situation, an immigrant visa based on your family relationship may be the best option for reuniting your family. United States citizens can help their parents, spouse, married children, unmarried children, brothers and sisters get immigrant visas. Permanent residents can help their spouses and unmarried children get visas. The length of time it takes to get an immigrant visa will depend on the type of family relationship. You can check the Visa Bulletin for immigrant visa waiting times.

This type of visa allows a person to immigrate to the United States. This means that when they enter the United States using their visa, they will become a permanent resident and will get a green card. The green card will allow your family member to live and work in America.

Immigrant Visas Are Not For Just Visiting The United States

However, it is important to keep in mind the restrictions of becoming a permanent resident. In particular, permanent residents are expected to reside in the United States. You should not plan on using an immigrant visa so that you can get a green card to use as a replacement for a tourist visa.

If your spouse or family member just wants to be able to freely visit the United States without needing a tourist or B2 visa, they will likely be disappointed with the immigrant visa process. Even if they successfully get a green card through the immigrant visa process, they will likely lose it once immigration officials realize that they are not living in America and are basically just using their green card as a visa. You should always make sure that your family member intends to immigrate before you spend the time and money getting them a visa.

• Provide you with legal advice that will help minimize the time it takes for you to get a green card
• Help keep your case on track to avoid unnecessary delays
• Help ensure that your application is submitted correctly and with all of the evidence necessary to help your application get approved quickly
• Communicate with USCIS and the Department of State on your behalf
• Represent you if the government requests additional information about your case
• Represent you if you need to file an appeal in the event your application is denied
• Provide legal advice and assistance if you need to apply for a waiver

If you need an immigration waiver, then your ability to live with your family in the United States is at stake. If your waiver application is not approved, you may be separated from your family for 3 years, 10 years, or even forever. With this much on the line, do you really want to risk not getting professional legal assistance with your waiver application?

An immigration lawyer can help you present the strongest waiver case possible…

Immigration waivers are difficult cases. After all, the only reason you would need a waiver is if something has already gone wrong with your case. An immigration lawyer can help you get your case back on track to give you the best chance of success. For example:

• If you need an unlawful presence waiver, you are likely already facing a bar of 3 years or 10 years before you can return to the United States. Do you know how to present detailed legal arguments supported by evidence that will convince an immigration officer to forgive your unlawful presence? Generally speaking, a “hardship letter” alone will not win your case. You need to present detailed legal analysis with supporting evidence to win. If you don’t understand how to do this type of legal research and writing, you likely will have a better chance of winning your case if you have an immigration lawyer assisting you.
• If you need a misrepresentation waiver, you are likely already facing a lifetime bar on being able to return to the United States. Immigration law takes a very harsh view of any misrepresentations on immigration forms or that are made to an immigration officer. Do you know if it is possible to argue that you don’t need a misrepresentation waiver based on your specific facts? Do you know how to present legal arguments and evidence in the best way possible to show that your US citizen or permanent resident family member will face extreme hardship if your waiver is not granted? If you don’t, then you will likely have a better chance of winning your case if you have an immigration lawyer assisting you.
• If you need a criminal conviction waiver, you are likely already facing a lifetime bar on being able to return to the United States. This may be true even if your conviction was from many years ago, was just a misdemeanor or if you are married to a United States citizen. Criminal conviction waivers, however, are not available for all convictions. Do you know if a waiver is even a possibility in your case? Do you know how to present your case in a way that will convince the immigration officer that your past conviction should be forgiven so that your US citizen or permanent resident family member will not suffer extreme hardship because of your separation?

An immigration lawyer who handles waiver cases will know how to:

• Work with you to develop the best arguments for why you should be granted a waiver. It can be very difficult for most people to identify and evaluate all of the hardship factors in their own lives. Your immigration lawyer will be able to help you dig into your current situation and past experiences to identify everything that could be used to support your waiver.
• Work with you to identify the supporting evidence needed to present the strongest case possible. You won’t win your case if you don’t have supporting evidence for each of your hardship factors.
• Present your legal arguments and evidence in a way that will allow an immigration officer to best understand that your waiver should be granted.
• Continue to research the legal issues in your case for any new developments that can be used to strengthen your case.
• Help you and your family prepare strong supporting letters for your waiver application that focus on your strongest arguments.

Is there any requirement to use an immigration lawyer for your immigration case? No. But with something as important and complex as a waiver case, do you really want to take the risk of doing it on your own?

Finding the best immigration lawyer in Virginia for your immigration waiver case…

As a starting point, you should keep in mind that your goal should be to find the best immigration lawyer in Virginia for your waiver case — not the best immigration lawyer in Virginia for anyone else’s waiver case. The best immigration lawyer for you may not be the best immigration lawyer for someone else.

This is because everyone’s case is unique. I can guarantee you that no one else has an immigration waiver case just like yours. How can I make this guarantee? Simple…waiver cases depend on the facts surrounding why you need the waiver, the specific situation faced by your family, and the backgrounds and past experiences of you and your family. No one else has lived a life exactly like yours. Therefore, no one else will have a waiver case just like yours. With this in mind, you should try to find the best immigration lawyer for you and your family.

Two main ways that people start the process of finding the best immigration lawyer for their case are:

1. Ask your family and friends for recommendations. Make sure that you let them know that you are looking for an immigration lawyer to assist with your waiver application. Immigration law is a very big field. You want to make sure that your lawyer is comfortable with the law surrounding waiver cases.
2. Search on the internet. The internet can be valuable source of information on immigration lawyers in your area. You should look for lawyers who provide information about waiver cases so that you can add them to your list of possible lawyers for your case.

After getting recommendations and identifying lawyers through internet searches, you should have a good place to start in your search for the best immigration lawyer in Virginia for your waiver case. To narrow your starting list, you should check to see what type of information each lawyer can make available to you to help you get a better understanding of who the lawyer is and how they will approach your case. You shouldn’t expect a lawyer to provide you with free legal advice, but many immigration lawyers will be able to provide you with some general information so that you can get a better feel for how your lawyer will help you build the best case possible and whether you will be able to understand how your lawyer will explain legal issues. You may want to see if the lawyer’s website provides helpful information about immigration waivers, if they have a book on immigration waivers or other printed information they can send you or if they have any videos that you can watch.

Your goal should be to find a lawyer who you are confident can help you build the best case possible and who you will be comfortable working with. This is a very personal decision and will depend on who you feel the most comfortable working with. The best immigration lawyer in Virginia for your waiver case may not be the same person as the best immigration lawyer for your friend’s case. You can follow this link if you are interested in learning whether I may be the best immigration lawyer in Virginia for your waiver case.

CAUTION: Choosing a lawyer by simply looking for the lowest fee is almost always a mistake. There is nothing wrong with choosing the lawyer who offers the lowest fee if that lawyer is who you think will be able to help you present the best case possible. But, you should keep in mind that you often get what you pay for. Lawyers will typically set their fees based on how much of the lawyer’s time will be spent on the case. Waiver cases take time to research and prepare. An extremely low fee may be a sign that the lawyer either won’t be spending much time on your case or that much of the work will be done by paralegals or other legal assistants. Only you can decide who the best immigration lawyer in Virginia is for your case, but make sure that you are making the decision based on who will be the best lawyer for you and not simply who will charge you the lowest fee.

If you’re trying to decide whether to apply for deferred action, you probably have a lot of questions. To help make it easier for you to get answers, I’m making my Deferred Action Guide for Virginia and DC Residents available as a free download.

The book will help you:

• Learn about the qualifications for deferred action to make sure that you qualify before you submit any forms to the government
• Understand the risks and benefits of deferred action so that you can decide if you should apply
• Review the checklist of documents and information that you should begin collecting so that you have all the documents you need to qualify for deferred action

The book is 31 pages long and includes sections covering:

• Qualifications for deferred action
• Deferred action application process
• Deferred action fees
• Common questions and answers
• Deferred action application checklist

Also included in the book is a discussion of whether you need an immigration lawyer to assist you with the deferred action application process. Although many people may not need the assistance of a lawyer, the book highlights when you should talk to a lawyer and how a lawyer may be able to help you develop a long term immigration strategy.

The decision about whether to apply for deferred action is probably one of the most important decisions you will ever make

The new deferred action policy has given many people a lot of hope that they will be able to stay in the country where they grew up – the United States of America. It offers the potential to help protect future Americans from deportation until there is immigration reform that will provide them with a way to legalize their immigration status.

However, the new policy has also introduced a lot of uncertainty. Because it is a policy and not a law, it can easily be changed. There is no guarantee that you’ll be able to extend your deferred action status until there is a new law that will help you get a green card.

In addition, the new policy does not provide a path to getting a green card or becoming a citizen. It only offers a short term solution to avoid deportation and to obtain an employment authorization card.

It likely will be very difficult for many people to decide if the benefits of deferred action outweigh the risks. The best step to making this decision is to learn as much as possible about your options before you submit any forms to the government.

You can request your free copy of the Deferred Action Guide for Virginia and DC Residents here.

Applications for Deferred Action Will Not Be Available Until August 15, 2012

Although the initial announcement about deferred action was done on June 15, 2012, applications are not currently available. We don’t even know what the application form will look like.

What we do know is that you won’t be able to apply for deferred action until at least August 15, 2012. As discussed below, you can start collecting information and documents to get ready for the application process, but you cannot submit your application now. If anyone tells you that they can submit your application for you now, they are not telling you the truth. The USCIS website on deferred action will let you know when you can submit your application and you will be able to get all of the application forms for free from USCIS. While there may be an application fee that you need to pay to the government, you will be able to get copies of the forms for free.

What can I do now to prepare for submitting my deferred action application?

Although you can’t submit an application yet, you can:

• Determine if you meet the requirements for deferred action.
• Determine if you have the documents needed to prove that you qualify for deferred action.
• Obtain any additional documents you need to prove that you qualify for deferred action.
• Decide if the benefits outweigh the risks of applying for deferred action for your situation.
• If you live in DC, discuss your situation with a good DC deferred action immigration lawyer so that you understand all of your immigration options, including deferred action. A good immigration lawyer can also: (1) help you determine if you qualify, (2) confirm whether you have the necessary proof that you qualify, and (3) prepare and submit your application.

How long will it take for my deferred action application to be approved? When will I be able to get a work card?

At this point, no one knows how long it will take for decisions to be made on application. The best thing that you can do to make sure that the process goes as quickly as possible is to make sure that you can include strong evidence that you qualify for deferred action with your application. Having to resubmit your application because you didn’t include the proper documents or having to submit additional evidence later on will only slow the process down.

Most of the questions that Virginia and DC residents ask me about this new policy fall into two categories: (1) What is deferred action?, and (2) Who qualifies for deferred action?

What is deferred action?

Deferred action is a temporary status that basically means that the government has decided not to move forward with deporting someone at the present time. The deferred action policy reflects the reality that the government has a limited budget and would like to prioritize its immigration enforcement activities to focus on criminals before they spend resources deporting people who are not criminals.

Key things to keep in mind about deferred action:

• Deferred action is a temporary status. It does not give you any permanent right to remain in the United States. The government can still move forward with deporting you in the future.
• The government can terminate your deferred action status at any time.
• Deferred action is not an amnesty program. It does not forgive any past immigration violations.
• Deferred action does not provide a pathway to a green card.
• Deferred action does not provide a pathway to citizenship.
• There is no guarantee of how long you will be able to keep your deferred action status.

Who qualifies for deferred action under the new policy?

The basic requirements for deferred action under the new policy are:

• You must have entered the United States when you were under the age of sixteen.
• You must have continuously been in the United States for at least five years prior to June 15, 2012.
• You must be in school, have graduated from high school, have a general education development certificate (GED), or be an honorably discharged veteran.
• You must not have ever been convicted of a felony offense, a “significant” misdemeanor offense, multiple misdemeanors, or be a threat to national security or public safety.
• You must not be older than 30 years old.
• Most applicants must be at least 15 years old.

If you plan to apply for deferred action, please discuss your complete immigration history with a deferred action immigration lawyer and work with an immigration lawyer on your deferred action application to make sure that your application includes all of the documents and evidence that are needed for approval. If you apply and do not qualify, or do not submit the documents needed to prove that you qualify, you will essentially be identifying yourself to the government for deportation. Make sure that you qualify for deferred action before you apply.

What should I do if I want to apply for deferred action?

The earliest date that you can apply for deferred action under this policy is August 15, 2012. If anyone offers to submit your application before then, walk away and don’t let that person submit any forms on your behalf. There is currently no way for you to apply for deferred action under this new policy before August 15, 2012, so if someone says they can help you before then they are not being honest with you and it is likely a scam. This doesn’t mean that you can’t start collecting documents or discussing your options with an immigration lawyer before then. On the contrary, you should move foward with collecting documents and consulting with a lawyer to make sure that you qualify and have the proper documents to be granted deferred action. But, you cannot submit your application before August 15, 2012.

If you are in the Northern Virginia or DC area and are interested in attending a free seminar or webinar on the new deferred action policy, please leave a comment below. If there is enough interest, I’d be happy to host a free seminar or webinar so that you can get your questions answered by a qualified immigration lawyer.

To read this month’s bulletin, simply locate the preference class for your immigrant visa application, and then compare your priority date to the priority date in the tables listed below.

Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First (F1): Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

If you have immigration questions and would like to speak with a immigration lawyer about your fiance visa, adjustment of status or green card, or immigrant visa, please contact the Schaefer Law Firm or call (202) 642-4529.

Review The NTA Carefully

The first thing that you should do if you receive a Notice To Appear is to carefully review it. You should first take a look at the section of the NTA that lists the facts about your background and immigration history. This section will normally lists facts about your country of citizenship, when you arrived in the United States, and any changes to your immigration status. You should also take a close look at the section that lists why you were issued the NTA. This section will typically list things such as whether you have overstayed your visa or if you have any criminal convictions that led to your immigration court case.

If there are any errors, even very small errors, you should take note of those errors. You should also take note of anything that you think is missing from your immigration history. Even small changes in facts can play a significant role in the outcome of an immigration court case, so you should make a list of any errors or omissions so that you can let your immigration lawyer know about them.

Find An Immigration Lawyer To Represent You In Your Immigration Court Case

An immigration court case is a very serious matter. Although it is considered to be a civil administrative hearing, the reality is that it more closely resembles a criminal court proceeding. In some cases, the consequences of an immigration court hearing can have more severe consequences than a criminal court case. With this in mind, you should find an immigration lawyer to represent you in your case.

An immigration lawyer will be able to advise you of what options you may have to fight deportation. In addition, your lawyer will know the proper court procedures to file any applications that you can file to fight being deported. More importantly, your immigration lawyer will know what evidence you need to submit with your application so that you can win your case.

If your case is at the Arlington Immigration Court, most likely because you are a resident of Virginia or your case began in Virginia, you will likely want to hire a Virginia immigration lawyer to represent you in your immigration court case. If you live a long distance from the Arlington Immigration Court, you should consider whether you want to hire an immigration lawyer located in Northern Virginia or one located closer to your home.

An immigration lawyer located in Northern Virginia may be more familiar with the Arlington Immigration Court and may not need to charge additional travel fees for appearing at your court hearings. It may be a longer drive for you to meet with your lawyer, but you will likely be able to schedule your appointments with your lawyer at a time that fits with your work schedule. You will also be able to work with your lawyer using the phone and email, making it even more convenient if your lawyer’s main office is located closer to the court instead of your home.

Collect The Information Your Lawyer Needs For Your Case

As soon as you receive your NTA, you should begin collecting any documents that you have that would help your immigration lawyer evaluate your case. These documents include:

• Copies of your important documents such as your passport, visas, I-94 card, and green card
• Copies of any immigration applications that you have filed in the past
• Copies of any documents related to any convictions you have, such as police reports, court records or parole records
• Copies of any documents you have that would help to show that you would face harm or persecution in your home country
• Copies of any documents that would show that your United States citizen or permanent resident relatives would face extreme hardship if you are deported

Never Miss An Immigration Court Hearing

Whether you decide to hire an immigration lawyer to represent you or decide to represent yourself, you should make sure that you are always on time for every hearing. If you are late or miss your immigration court hearing, you will likely be ordered deported even though you were not present so that you could present your case. Your absence will not be excused because you didn’t allow enough time for travel, had trouble finding parking, or had trouble getting time off from work. Always be at every immigration court hearing on time.

If you have an immigration court case at the Arlington Immigration Court and would like to discuss your case with an immigration lawyer in Virginia, contact Kimberley Schaefer at Schaefer Immigration at (703) 662-3244.

On March 23, 2012, the Department of Homeland Security announced the intent to designate Syria for TPS for eighteen months. Temporary Protected Status for Syrians is effective as of March 29, 2012 and will remain in effect until September 30, 2013. Those who wish to apply for the program have 180 days in which to apply, which means that their applications must be filed between March 29, 2012 and September 25, 2012.

The requirements for Temporary Protected Status include:

• Must have continually resided and been continually present in the United States since March 29, 2012
• Must pass a security check
• Those with criminal records may not be eligible for the program and should check with an immigration lawyer before they apply

Other key information about the program includes:

• People granted TPS are not removable/deportable from the United States while they have TPS
• People granted TPS can obtain an employment authorization document (EAD or work card)
• People granted TPS may be able to obtain travel authorization
• TPS does not lead to lawful permanent resident status or a green card
• TPS does not prevent a person from applying for another nonimmigrant status, filing for adjustment of status based on an immigrant petition or applying for other immigration benefits

If you are interested in applying for Temporary Protected Status , you should consult with an immigration lawyer before you file your application to determine whether you qualify. It is very important to make sure that you qualify before you submit your application, especially if you are no longer in a lawful immigration status. If you are in Virginia and want to discuss your case with an immigration lawyer in Virginia, you should consider contacting Schaefer Immigration about your case.

USCIS expects to announce next week additional details about the designation of Syria for temporary protected status. These details will include specific information on who qualifies for temporary protected status and how to apply. If you are a Syrian in the United States, or know someone who is, you should discuss your situation with an immigration lawyer to determine if temporary protected status is a good choice for you.

You should not submit your application for TPS until after the details are announced next week.

What is Temporary Protected Status?

TPS provides a temporary legal immigration status to nationals of the country that is designated for temporary protected status. People who are granted TPS are eligible to remain in the United States and can obtain work authorization for as long as they meet the requirements for TPS.

TPS has some very specific requirements that are different than those for many other immigration programs. For example, any two misdemeanor convictions may make you ineligible for temporary protected status. If you have TPS or are considering applying for TPS and have had any arrests (even if your record was expunged or if you participated in a diversion program) or are arrested, you should consult with an immigration lawyer to understand what consequences the charges may have on your TPS status or TPS application.

Although TPS does not lead to permanent resident status, it may provide a safe refuge for those who cannot return to their home country of Syria because of the current situation in Syria. When TPS for Syria is terminated, you will return to the same immigration status that you had when you were granted TPS (unless that status has expired). However, if you become eligible for another immigration status while you have TPS, you may be able to change to that status. What options are available to you will depend on the specific details of your situation and you should discuss your options with an immigration lawyer before you make any decisions about your case.

Yes, but there are no guarantees that you will be granted parole in place or PIP if you are in deportation proceedings. In February 2012 a Schaefer Immigration client was granted parole in place while he was in immigration court proceedings and the immigration court case against him was dismissed. He is now in the process of applying for a green card based on his marriage to a United States citizen (who is currently on active duty in the military).

If you can get parole in place in immigration court proceedings, why do some people take the risk and apply before they end up in immigration court?

Simply put, immigration court proceedings are stressful, expensive and can take a long time. If you are a good candidate for parole in place, you should discuss your case with an immigration lawyer before you find yourself in immigration court. For many people who are good candidates for parole in place, it will be better to apply for PIP before they find themselves facing the stress of immigration proceedings and deportation. In addition to avoiding court (and possible immigration detention), this can provide the most direct route to obtaining a green card.

Many people also apply before ending up in a crisis situation because they are tired of being afraid of being discovered by immigration and want to do whatever they can to fix their immigration status.

But, you should make sure that you are a good candidate for parole in place before you take any steps to apply for it. Although my client’s PIP application was approved, it is important to note that there is no guarantee that any PIP application will be approved. With this in mind, I strongly encourage you to consult with an immigration lawyer as the first step in deciding what the best course of action is for you.

If you have questions about PIP or would like to speak with a DC immigration lawyer or an immigration lawyer in Northern Virginia about your situation, please contact me at the Schaefer Law Firm or call (202) 642-4529.

What should you consider when looking for an immigration attorney? Among other things, you should consider the following five things:

Does the lawyer explain issues so that you can understand?

As you go through your immigration case, you will probably have questions for your immigration lawyer. Can the lawyer explain your options and the immigration issues involved in your case in a way that you can understand? Immigration issues are important and you’ll want to make sure that you can make well-informed decisions and understand all of your options.

One way that you can determine if the lawyer explains things in a way you understand is to ask the lawyer for a copy of any books or immigration information guides that the lawyer has written. You should request these materials before you meet with the lawyer. By reading these materials, you’ll get a good feel for how the lawyer explains things, how they approach immigration cases and whether you should go ahead and schedule a consultation appointment.

Immigration Practice Area

Immigration law is a very big field and not every lawyer will handle every type of case. For example, some lawyers only accept cases that involve employment-based immigration. Those lawyers may not be the best choice for your asylum case. Likewise, if you are interested in getting an immigrant visa for your spouse, you should focus your decision on whether you think the lawyer can represent you well in your immigrant visa application, not whether the lawyer handles immigration court cases.

Personality

You should also consider whether there is a good match between your personality and the lawyer’s personality. Many immigration cases can take months if not years to complete. With that in mind, shouldn’t you work with someone that you enjoy working with?

Cost

I recommend that you do not use cost as your primary decision tool. You shouldn’t just shop around for the least expensive attorney and the most expensive attorney may not always be the best one for your case. But, the reality is that you can’t just ignore the lawyer’s fee because you need to make sure that the fee fits within your budget.

When evaluating a lawyer’s fee, you should primarily consider the overall value that is being offered:

• What is included with the fee?
• Will you be charged extra for phone calls, online legal research or postage?
• Will the lawyer attend your interview with you or will an additional fee be charged?
• Will you be charged extra if the government requests additional information in your case?
• Are you confident in the lawyer’s ability to represent you?

Membership in Professional Organizations

You should also find out if the attorney is a member of any immigration professional organizations. Because immigration law is constantly changing, it is important that you hire an immigration attorney who keeps up with the changes in the law. One of the best ways for a lawyer to do this is to join the American Immigration Lawyers Association (AILA). AILA provides continuing education courses and daily information updates that help members stay up to date with new developments in immigration law. If your attorney is not a member of AILA, you should ask them what steps they take to keep up to date with changes in immigration law.

By considering the above factors, your personal preferences and the nature of your case, you should be able to come up with a list of DC immigration lawyers that should be included on your personal “best DC immigration lawyers” list by doing Internet research and checking with friends and family. Once you have that list, you can then begin the process of speaking to the lawyers so that you can make a final decision on who you would like to represent you.

Are you interested in finding out whether Schaefer Immigration and DC immigration lawyer Kimberley Schaefer would be a good match for your case? If so, I invite you to request a copy of my paperback book, Immigration Mistakes You Can’t Afford to Make, or to download one of my immigration guides (fiance visa guide, immigrant visa guide, adjustment of status green card guide). These resources will let you learn more about me and how I help future Americans become citizens. If after reading the book and information guides you’d like to set up an appointment to discuss your case with me, please send me an email or call me at (202) 642-4529.

The couple worked with Schaefer Immigration to prepare a comprehensive fiance visa petition that clearly explained how they met, the time they had spent together and their future plans together. After the fiance visa petition was approved, the fiance visa application was prepared and supplemental evidence was collected to show their ongoing relationship. On the day of the fiance visa interview at the consulate oversees, everything went smoothly with a very short and stress-free interview. The couple is now looking forward to their dream wedding in the United States.

Although this fiance visa was approved, it is important to note that not all fiance visa applications are approved. It is very important to show that all the requirements for the visa are met, including that the relationship is bona fide. What evidence should be included in the package is a case by case decision and it is essential to present the strongest case possible from the initial fiance visa petition. With this in mind, I strongly encourage you to consult with an immigration lawyer before you submit your fiance visa petition.

If you have questions about the fiance visa process or would like to speak with a DC immigration lawyer or an immigration lawyer in Northern Virginia about your fiance visa application, please contact fiance visa lawyer Kimberley Schaefer at Schaefer Immigration or call (202) 642-4529.

United States Citizenship Through Marriage

The first step on your path to becoming a citizen will likely be for your spouse to help you with becoming a permanent resident. If you qualify, your US citizen spouse may be able to help you get a green card which would be the first step to becoming a citizen. After you have been a permanent resident for three years, you would then be eligible to apply for citizenship if you meet certain requirements, including still being married to your spouse.

The First Step – Becoming a Permanent Resident

If you are currently in the United States and you originally lawfully entered the United States, your spouse may be able to assist you with getting a green card through the adjustment of status process. The adjustment of status process is a way that you can get your green card while you are still in the United States. You would not need to return to your home country for an interview at the embassy.

If you are currently in the United States and you did not originally lawfully enter the United States, you likely won’t be eligible for adjustment of status (but there are some exceptions to this rule). You should have an immigration lawyer review your case with you before you file an adjustment of status application. If you are not eligible for adjustment of status, you may be able to return to your home country and seek an immigrant visa so that you can return to the United States as a permanent resident. This option may require that you obtain a waiver and you should check with an immigration lawyer to help you decide what option would be best for you.

If you are outside the United States, your spouse can file a petition to request that you be given an immigrant visa. If this petition is approved, you will then be able to apply for an immigrant visa. If all goes well with the immigrant visa application process, you will be given an immigrant visa. You will become a permanent resident when you enter the United States using your visa.

Will a waiver be needed?

All of the above options require that you not be subject to any of the grounds of inadmissibility. If you are inadmissible, you may need a waiver to be eligible to adjust status to permanent resident or to get an immigrant visa.

To read this month’s bulletin, simply locate the preference class for your immigrant visa application, and then compare your priority date to the priority date in the tables listed below.

Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First (F1): Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

If you have immigration questions and would like to speak with a immigration lawyer about your fiance visa, adjustment of status or green card, or immigrant visa, please contact the Schaefer Law Firm or call (202) 642-4529.

Parole in place or PIP is a process that may allow some family members of active duty military personnel to be able to remain in the United States even if they did not lawfully enter the United States. If parole in place is granted, the family member may then be eligible to file for adjustment of status in order to become a permanent resident and to get a green card.

Who can parole in place help?

In most cases, a person who did not enter the United States lawfully cannot apply for a green card while in the United States. This is often the situation for someone who entered without inspection (EWI) such as by being smuggled into the United States. Instead, in order for a person who did not lawfully enter the United States to get a green card they must normally apply for an immigrant visa in their home country. This process can lead to lengthy family separations. This type of family separation can be very stressful to military families and can interfere with the ability of the person serving on active duty to focus on his or her military duties.

PIP can assist some immediate family members of people on active duty by providing a path to get a green card without having to leave the United States and endure a family separation.

What are the risks?

By filing a parole in place application, you will be bringing the family member’s unlawful status to the attention of USCIS. If the PIP application is not granted, there would be a risk that the family member could be placed in deportation proceedings. With this in mind, it is very important that you discuss your case with an immigration lawyer who is familiar with parole in place before you submit your application. In particular, you should talk to your immigration lawyer about your complete immigration history (including all attempts to cross the border or other immigration violations) and whether you have ever been arrested or convicted of a crime. With this information, your immigration lawyer will be able to help you evaluate whether you are a good candidate for PIP.

How do I learn more about parole in place?

If you are interested in learning more about parole in place, you should discuss your situation with either an immigration lawyer who is familiar with parole in place applications or with your legal assistance office. Because of the possible risks involved with submitting a PIP application, it is very important that you fully understand the process and confirm that you qualify before your submit your application.

If you would like to discuss your case with a DC immigration lawyer or an immigration lawyer in Northern Virginia, please contact the Schaefer Law firm by phone at (202) 642-4529 or by email.

What Is A RFE?

A Request for Evidence is a way for USCIS to request additional information so that a decision can be made on your case. This could be simply because a required document was not included with your initial filing. In that case, you may receive a type of Request for Evidence called a “Request for Initial Evidence” that asks you to submit the required documents. In other cases, after a closer review is made of your documents, the immigration officer may want you to provide additional documents so that they can better understand your case. One example of this is when a person applies for adjustment of status to get a green card based on marriage and the immigration officer would like to see additional documents that demonstrate that you have a bona fide marriage with your spouse.

How Do I Respond To A RFE?

The first thing that you should do when you receive a letter from USCIS requesting additional evidence is to carefully review it to make sure that you understand what documents you need to submit in order to respond to everything requested in the RFE. If you do not submit everything that is requested, your application may be denied because you failed to submit everything requested.

In addition, you need to make sure that you understand the deadline for submitting your response to USCIS. If you fail to submit your response before the deadline, your application could be denied because you submitted your response late.

Finally, you need to make sure that you submit your response to the correct address. The letter you receive from USCIS will give you instructions on where to submit your response. You should make sure that you follow these instructions carefully.

Do I Need A Lawyer To Respond to A RFE?

There is no requirement that you have an immigration lawyer in order to respond to a Request for Evidence. But, if you have any questions about what has been requested or how you should respond, you should consult with an immigration lawyer as soon as possible. The consequences of making a mistake with your Request for Evidence response can be severe, so it is very important that you don’t make any mistakes with your response.

If you have concerns about whether your case is about to be denied by USCIS and like to discuss your case with a DC immigration lawyer or an immigration lawyer in Reston, VA, please call the Schaefer Law Firm at (202) 642-4529.

To read this month’s bulletin, simply locate the preference class for your immigrant visa application, and then compare your priority date to the priority date in the tables listed below.

Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First (F1): Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

If you have immigration questions and would like to speak with a immigration lawyer about your fiance visa, adjustment of status or green card, or immigrant visa, please contact the Schaefer Law Firm or call (202) 642-4529.

But, when you are granted asylum, you will be able to lawfully remain in the United States as an asylee. You will also be able to get an Employment Authorization Document (EAD) or work card so that you can lawfully work in the United States. If you need to travel outside of the United States, you’ll be able to apply for a Refugee Travel Document. Basically, you will be able to live your life in the United States and will be able to build a future for yourself and your family.

However, you will not be considered to be a lawful permanent resident until after your application for a green card is approved. This is a separate process than your asylum application.

The process that you will likely use to apply to become a permanent resident is the adjustment of status process. You can submit your adjustment of status application after you have been an asylee for at least one year. You should expect it to take at least four months for your application to be approved, and in some cases it could take over a year before your application is approved. When your application is approved, you will be sent a green card.

Before you submit your application for adjustment of status, you should make sure that you meet all of the requirements. If you have any questions about whether you qualify to become a permanent resident, you should discuss your case with an immigration lawyer before you submit your application.

If you are interested in applying for asylum or you are an asylee and now want to apply for a green card and would like to discuss your case with a dc immigration lawyer or an immigration lawyer in Reston, VA, please contact the Schaefer Law Firm at (202) 642-4529.

To read this month’s bulletin, simply locate the preference class for your immigrant visa application, and then compare your priority date to the priority date in the tables listed below.

Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First (F1): Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

If you have immigration questions and would like to speak with a immigration lawyer about your fiance visa, adjustment of status or green card, or immigrant visa, please contact the Schaefer Law Firm or call (202) 642-4529.

The required government filing fees are:

• $420     Form I-130 filing fee
• $1,070   Form I-485 adjustment of status filing fee

The other required costs that you should expect as part of the adjustment of status process are:

• Medical exam – changes by doctor and location, likely $100 – $250
• Passport photographs – changes by photographer, but often inexpensive
• Translation costs – varies by the translator and type of documents being translated into English
• Original documents/certified copies – varies by what documents need to be obtained

In addition, if you decide to hire a lawyer to assist you with the adjustment of status process, you will also have to pay attorney fees. These costs vary by the law firm that you hire and the complexity of your case. For example, I typically charge a $2,000 attorney fee for the adjustment of status process. This fee includes my attendance at the green card interview at the Fairfax USCIS office and responding to routine requests for evidence. Cases that involve special issues or that require an immigration waiver will have a higher attorney fee.

Although there is no requirement to hire a lawyer to assist you with your adjustment of status application, the assistance of a lawyer can minimize any delays in getting your green card and can improve you chances of getting your green card  approved. More importantly, an immigration lawyer can help you evaluate whether you meet all of the requirements for a green card before you submit your application and can help you identify the best options for your case.

If you have any questions about what is included in my immigration lawyer services, please feel free to contact me using the consultation request form to send me an email.

Schaefer Immigration helped him prepare his withholding of removal application and presented a legal memorandum in support of his application. The firm also was able to submit an expert witness statement in support of the withholding of removal application that helped explain and clarify the level of harm that he would face if he returned to Pakistan.

Although this client’s application was approved, it is important to note that withholding of removal cases are difficult to win because the standard of proof needed to win this type of case. In order for a withholding of removal application to be approved, evidence must be presented that shows that it is more likely than not that the applicant will face persecution upon returning to his home country. With this in mind, I strongly encourage you to consult with an immigration lawyer before you apply for this type of relief from deportation.

If you have questions about your options for fighting deportation or would like to speak with a DC immigration lawyer or an immigration lawyer in Northern Virginia about your case, please contact immigration lawyer Kimberley Schaefer (202) 642-4529.

To read this month’s bulletin, simply locate the preference class for your immigrant visa application, and then compare your priority date to the priority date in the tables listed below.

Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First (F1): Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

If you have immigration questions and would like to speak with a immigration lawyer about your fiance visa, adjustment of status or green card, or immigrant visa, please contact the Schaefer Law Firm or call (202) 642-4529.

To read this month’s bulletin, simply locate the preference class for your immigrant visa application, and then compare your priority date to the priority date in the tables listed below.

Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First (F1): Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

If you have immigration questions and would like to speak with a immigration lawyer about your fiance visa, adjustment of status or green card, or immigrant visa, please contact the Schaefer Law Firm or call (202) 642-4529.

What should you consider when looking for the best immigration lawyer in Virginia for your case? At a minimum, you should consider the following six items:

Does the lawyer explain issues so that you can understand?

Immigration law is complicated and you will probably have many questions for your immigration lawyer. Is the lawyer able to explain to you the different immigration options and the legal issues involved in your case in a way that makes sense to you? Your immigration case is probably one of the most important things in your life and you’ll want to make sure that you can make well-informed decisions and understand all of your options.

But how do you know if the lawyer can explain things in away that makes sense to you? One way to find out is to ask the immigration lawyer for a copy of any books or immigration information guides that the lawyer has written. If at all possible, you should review these material before you set up a meeting with the lawyer. After all, they’ll give you an idea of how the lawyer thinks and whether you’ll understand how the lawyer explains immigration issues. If you think that the lawyer may be a good match for you after you read her books and guides, you should go ahead and set up an appointment so that you can discuss you case in detail with the lawyer.

Immigration Practice Area

Not every immigration lawyer will handle every type of immigration case. It is not uncommon for a lawyer to only accept cases in selected subareas of immigration law. For example, a lawyer may accept employment-based immigration cases but may not accept asylum cases. In that situation, the lawyer probably isn’t the best choice for your asylum case. Likewise, a lawyer may be an excellent match for your immigrant visa case, but you may decide that you prefer a different immigration lawyer for your immigration court case. After all, these types of cases are very different and the best lawyer for you for one type of case may not be the best lawyer for you for another type of case.

Personality

You should also consider whether there is a good match between your personality and the lawyer’s personality. Many immigration cases can take months if not years to complete. With that in mind, shouldn’t you work with someone that you enjoy working with?

Location

Virginia is a big state. If you live in Norfolk, it may not make sense to drive all the way to Arlington to meet with an attorney about your green card or immigrant visa case. But, if you find an immigration attorney that is a long drive away from you but you want to work with that attorney because you think she is the best immigration attorney for your case, you may want to see if you can work with that attorney long distance using phone calls, email and an online portal to exchange information.

For immigration court cases, you should keep in mind that the immigration court for Virginia cases is located in Arlington, Virginia. Depending on your situation, if you are outside the Northern Virginia area, you may find that you prefer to work with an attorney who is close to you, even if that means that you have to pay a greater fee to cover the attorney’s travel time to Arlington. On the other hand, you may decide that you prefer to work with an attorney who has an office closer to the Arlington Immigration Court, even if that means that you have a longer drive to meet with your attorney. There is no one right answer to this issue — it simply depends on your personal preferences.

Cost

Although cost will almost always be an issue because you’ll need to make sure that the attorney you choose will fit within your budget, I recommend that you do not use cost as your primary decision tool. You shouldn’t just shop around for the least expensive attorney and the most expensive attorney may not always be the best one for your case.

When evaluating a lawyer’s fee, you should primarily consider the overall value that is being offered:

• Are you confident in the lawyer’s ability to represent you?
• Will you be charged extra for phone calls, online legal research or postage?
• What is included with the fee?
• Will you be charged extra if the government requests additional information in your case?
• Will the lawyer attend your interview with you or will an additional fee be charged?

Membership in Professional Organizations

Because immigration law is constantly changing, it is important that you hire an immigration attorney who keeps up with the changes in the law. One of the best ways for a lawyer to stay up to date with the law is to join the American Immigration Lawyers Association (AILA). Among other things, AILA provides continuing education courses and daily information updates that help members stay up to date with new developments in immigration law. If your attorney is not a member of AILA, you should ask about what steps they take to keep up to date with changes in immigration law.

By considering the above factors, you should be able to narrow down your list of Virginia immigration lawyers on your personal “best Virginia immigration lawyers” list. You can locate attorneys by doing Internet research and checking with friends and family. Once you have your initial list, you will be ready to start speaking to the lawyers so that you can make a final decision on who you would like to represent you.

Are you interested in finding out whether Schaefer Immigration and Virginia immigration lawyer Kimberley Schaefer would be a good match for your case? If so, I invite you to request a copy of my paperback book, Immigration Mistakes You Can’t Afford to Make, or to download one of my immigration guides (fiance visa guide, immigrant visa guide, adjustment of status green card guide). These resources will let you learn more about me and how I help future Americans become citizens. If after reading the book and information guides you’d like to set up an appointment to discuss your case with me, please send me an email or call me at (703) 662-3244.

To read this month’s bulletin, simply locate the preference class for your immigrant visa application, and then compare your priority date to the priority date in the tables listed below.

Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First (F1): Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

If you have immigration questions and would like to speak with a immigration lawyer about your fiance visa, adjustment of status or green card, or immigrant visa, please contact the Schaefer Law Firm or call (202) 642-4529.

A Request for Evidence or RFE is a tool that USCIS can use to ask for more information from you. For example, if more information is needed to make a decision on your green card application, you may receive an RFE asking you to submit the information that is needed. Receiving an RFE is typically a sign that the immigration officer needs more information in order to make a decision on your case or that a required document wasn’t included with your initial application.

Does a RFE mean my case will be denied?
This is one of the biggest concerns with receiving a RFE. A RFE does not mean that your case will be denied automatically. It just means that the government needs more information or documents from you. By responding to the RFE with the information requested, your case will be able to move forward. In many instances, if you provide a timely and complete response, your case will be approved.

What are the most important things to do when you get a RFE?

• Read the RFE carefully. In order to properly respond to the RFE, you’ll need to understand what information the RFE is requesting.
• Pay close attention to deadlines. If you don’t respond to the RFE before the deadline, the immigration officer may have no option but to deny your application. You should try to respond to the RFE as quickly as possible to make sure that you don’t accidentally miss the deadline.
• Make sure that you send all of the documents or evidence requested in your initial response. You generally cannot submit the requested documents one at a time. If you only submit part of the documents, it is likely that USCIS will continue to process your application when they receive the partial response —- which means they won’t have all the documents needed to approve your case.
• Consider consulting with an immigration lawyer about your case. Depending on the nature of the RFE, it could be a sign that you need an experienced immigration lawyer to get your case back on track.

To read this month’s bulletin, simply locate the preference class for your immigrant visa application, and then compare your priority date to the priority date in the tables listed below.

Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First (F1): Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

If you have immigration questions and would like to speak with a DC immigration lawyer or an immigration lawyer in Northern Virginia about your immigration issue, please contact the Schaefer Law Firm or call (202) 642-4529.

In other types of immigration cases, such as when an immigrant visa number is immediately available, you may be able to file the I-130 petition along with the I-485 adjustment of status application. If you file these forms together, you will also need to include an Affidavit of Support. This means that you will need to include a copy of your most recent tax return in the same package as your I-130 petition. Although the I-130 does not require the tax return, the Affidavit of Support does and therefore the tax return will be submitted in the same package as the I-130.

USCIS will likely play a role in the process of obtaining your green card. For example, the petition to request a family based or employment based immigrant visa will be filed with USCIS. Petitions for fiance visas are also filed with USCIS. If you are pursuing adjustment of status, you will have your interview at a USCIS office. After you get your green card, you will file your green card renewal requests with USCIS. Basically, as an immigrant to the United States, you will interact with USCIS at various stages in the immigration process.

The first step in getting a fiancee visa is for your United States citizen partner to file an I129F petition with USCIS to request that you be given a fiancee visa. The requirements for your partner to be able to file this type of petition include:

• Your partner must be a United States citizen to be eligible for file and I129F.
• Your intent to marry must be because you want to form a joint life together as husband and wife. You cannot use a fiancee visa as a way to circumvent immigration regulations by claiming to plan to marry when you don’t have a bona fide relationship.
• In the past two years, you must have met in person at least once. There are very few exceptions to this requirement.
• If you are given a fiancee visa, you must plan to marry within 90 days of entering the United States.

You should also make sure that you are admissible to the United States. There are many grounds of inadmissibility, and if any of them apply to you then you will need to get a waiver before you are able to get a fiancee visa.

Once the I129F petition is approved, you will be able to move on to the next stage of the application process. This stage will begin when the application package will be forwarded to the US embassy in your country. You will need to submit to the embassy additional forms such as the State Department’s visa application forms, a medical exam report and police certificates. After submitting everything to the embassy, you will be scheduled for a visa interview. If all goes well at the interview, you will be issued your visa and will have six months in which to travel to the United States.