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 offer my clients the choice of three adjustment of status packages:

• $595 attorney fee for assistance with just the I-130
• $1,000 attorney fee for assistance with the I-130, I-485 and related forms
• $1,500 attorney fee for assistance with the I-130, I-485 and related forms plus attorney attendance at the green card interview at the Washington Field Office in Fairfax, Virginia or the Baltimore Field Office

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 or to request a free copy of my adjustment of status / green card guide which provides more detail about each package that I offer.

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.

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.