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I-824 Granted For Los Angeles Client; Next Step Consular Processing for Daughter in Manila

5/28/2014

We recently filed an I-824 for one of our clients in Los Angeles. She was approved for VAWA using an I-360. A couple months ago, she adjusted her status to permanent resident based on VAWA and received her green card. When an alien is approved for VAWA, her dependent minor children become eligible for immigrant visas and green cards. Her daughter still lives in the Philippines, so we filed the I-824 Application for Action on an Approved Case asking USCIS to transfer the file to the National Visa Center (Department of State) so they could forward the case to the US consulate in the Philippines. Then, we can process the daughter’s immigrant visa through consular processing.

We hope the consulate in Manila will receive the file in the next couple months so we can get the daughter reunited with her mother as soon as possible.

If you are interested in immigrating a family member to the US from another country, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you during a confidential appointment and help you better understand your options, the process and what to expect.

Categories: adjustment of status, consular processing, green card, I-360, I-824, immigration lawyer, Los Angeles, Manila, National Visa Center, VAWA

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Three Different Standards (Definitions) of Extraordinary Ability for O-1 Visa

5/26/2014

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The O-1 Visa, often called the superstar visa, is for foreign-born persons of extraordinary ability. Individuals with an extraordinary ability in sciences, arts, business, athletics, education, motion picture and television are eligible for an O-1 visa; however, the standard for proving extraordinary ability depends on which subcategory the alien qualifies.

Three different standards exist for proving extraordinary ability: 1) Science, educational, business or athletics; 2) Arts; and 3) Motion pictures and television. If the alien claims extraordinary ability in science, education, business or athletics, the alien must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise and is coming to the United States to continue work in the area of extraordinary ability. Under this category, “extraordinary” is defined as a level of expertise indicating that person is one of the small percentage who have risen to the very top of the field of endeavor. Scientists, researchers, professors and physicians can qualify under this category of O-1. Additionally, CEOs, CFOs, executives, entrepreneurs, investment bankers and athletes can qualify.

To qualify, the aline must show that she has received a major, internationally recognized award (such as a Nobel Prize), or she can satisfy the evidentiary requirements by meeting three of the following lesser criteria:

    membership in an association requiring outstanding achievement
    published materials written by others about the alien
    lesser national or international prizes or award
    participation as a judge of the work of others
    authorship of books or articles
    high compensation or salary
    original contributions of major significance
    employed in a critical or essential role for a distinguished organization

If the alien claims extraordinary ability in the Arts, the alien must still prove sustained national or international acclaim and recognition for achievements in the field of expertise and is coming to the US to continue work in the area of extraordinary ability. However, the definition of extraordinary is different. The alien must prove distinction – a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to extent that a person described as prominent is renowned, leading or well-known in the field of arts. The O-1 visa for Artists can work for visual effects artists, animators, architects, graphic designers, fashion designers, stylists, make-up artists, musicians, photographers, chefs, dancers, sound engineers, choreographers, music producers, and writers among others.

To qualify as an Artist O-1, the alien must prove that she has either been nominated or received a significant national or international award or prize such as a Grammy, or meet three out of the following criteria:

    press/media coverage
    significant recognition for achievements from organizations or experts
    high compensation in relation to others in the field
    prior starring roles in major productions
    critical or commercial success

If the alien claims to have extraordinary ability in motion pictures and/or television, the alien must demonstrate a record of extraordinary achievement in motion picture and/or television productions and who is coming to the United States to continue work in the are of extraordinary achievement. Extraordinary is defined as a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable or leading in the motion picture or television field. This O-1 visa is primarily for actors, producers, directors, cinematographers, editors, writers, production designers, costume designers and set designers among others. In order to meet the evidentiary standard, the alien should prove that she has been nominated for or received a significant national or international award such as an Academy Award, Emmy or Golden Globe, or meets three of the following criteria:

    press/media coverage
    significant recognition from organizations or experts
    lead or starring role for distinguished production
    lead, starring or critical role for distinguished organization
    high compensation in relation to others in the field
    major critical or commercial success

At first glance, the O-1 would appear too difficult to qualify for unless the alien is well-known throughout the world. However, that is not always the case. The Nunez Firm has successfully represented up-and-coming artists in many fields of endeavor from music to ballroom dancing. If you are curious about the O-1 process and whether you may qualify, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the standard of proof and how it applies to you.

Categories: artist, expertise, extraordinary ability, immigration lawyer, Irvine, O-1 visa, Orange County, television

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FOIA Reveals USCIS Training Materials on Adjudication I-601A Unlawful Presence Waivers

5/22/2014

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Chamber of Commerce Blasts GOP Over Immigration Reform Inaction

5/15/2014

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The GOP shouldn’t even field a presidential candidate in 2016 unless Congress passes immigration reform this year, U.S. Chamber of Commerce President Tom Donohue said Monday.

“If the Republicans don’t do it, they shouldn’t bother to run a candidate in 2016,” Donohue joked at an event on infrastructure investment in D.C. “Think about that. Think about who the voters are. I just did that to get everybody’s attention.”

Republicans have focused on an immigration overhaul as a way to woo Hispanic voters, who have increasingly drifted to Democrats over the past two election cycles. Growing Hispanic populations in Nevada, Texas and elsewhere could make those states more amenable to Democrats in the future.

Donohue, whose group has spent months pushing House Republicans to support immigration legislation, was speaking about what he thought a dysfunctional Congress could still get done in 2014.

Read more: http://www.politico.com/story/2014/05/chamber-of-commerce-2016-election-immigration-106577.html#ixzz31iN0zXog

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Naturalization Approved After Three Years of Permanent Residency for Irvine Client

5/14/2014

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We recently received an approval for one of our naturalization clients from Irvine. We represented her in adjusting her status to green card holder based on being the victim of domestic violence. Normally, lawful permanent residents must wait five years from the start of permanent resident status before they can file the N-400 application for naturalization. However, green card holders that obtain permanent resident status based on domestic violence victimization under the Violence Against Women Act are eligible to naturalize after only three years.

We filed the N-400 earlier this year and interview was conducted in the Santa Ana USCIS office earlier this month. There was a slight delay after the interview because the officer had to transfer the VAWA file from the Vermont Service Center to make sure our client was eligible for naturalization.

The interview went smoothly other than the file transfer issue. My client is excited to take her oath of citizenship later this month. If you are considering the naturalization process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the process and what issues or problems might be expected.

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I-824 Granted For Los Angeles Client; Next Step Consular Processing for Daughter in Manila

Three Different Standards (Definitions) of Extraordinary Ability for O-1 Visa

FOIA Reveals USCIS Training Materials on Adjudication I-601A Unlawful Presence Waivers

Chamber of Commerce Blasts GOP Over Immigration Reform Inaction

Naturalization Approved After Three Years of Permanent Residency for Irvine Client

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