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.

Is it possible to get Parole in Place for a military spouse who is in immigration court proceedings?

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.

A Schaefer Immigration client was granted a fiance visa recently. The couple initially consulted with Schaefer Immigration when they first decided to get married so that they could discuss their case with a DC fiance visa lawyer to get advice on the best way to get a K1 fiance visa. They had originally met through an exchange student program and eventually decided to spend the rest of their lives together. After reviewing the education and career plans of the couple, a plan was developed that would allow them to complete their degrees and have their dream wedding on their selected date.

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.