How-To Series: Family-Based Greencards (in US)

  • Assembling the I-130 Package:
    a. Cover Letter including description of what petitioning
    b. Complete Form I-130 (with applicable fees)
    c. Complete Form I-485 (with applicable fees)
    d. Complete Form G-325A for both parties, signed, and dated
    e. Complete I-864 Affidavit of Support
    f. Complete I-765 Employment Authorization (if applicable and with fees)
    g. Complete I-131 Application for Travel Document (if applicable and with fees)
    h. Copy of both parties birth certificate
    i. Copy of both parties passport
    j. Copy of petitioner’s proof of naturalization (if applicable)
    k. Copy of petitioner’s proof of permanent residency (if applicable)
    l. Marriage Certificate (if for spouse)** and/or legal termination documents/prior spouse’s death certificate
    m. Two passport-type photos of both parties
    n. Evidence of a bonafide marriage if applicable

  • After submitting this package, you will be required to have your biometrics taken as part of the I-485 processing (fingerprints and photos).
  • After completing your biometrics, you will be instructed to appear for an interview. If approved you will be mailed your “green-card” shortly after the interview date (weeks).

How-To Series

Agarwal Law Offices will be posting information regarding the necessary documents and process for the following immigration petitions:

  • Family-Based Greencard (in the U.S.)
  • Family-Based Greencard (outside the U.S.)
  • Abused Persons Greencard
  • Fiance Visa
  • Visitor Visa
  • Citizenship Petition

Check back to our “News” Section often to read more about the process for these petitions!

Immigration Reform and Small Businesses

The Bipartisan Policy Center, a nonprofit think tank in Washington, has outlined several recommendations for comprehensive immigration reform, which would help small businesses.

Here are some of the recommendations that would affect employers:

Increase employment-based immigration: “Increased economic immigration will grow the U.S. economy and is the best tool for preventing future unauthorized immigration,” the authors write. “Employers need workers, and immigrants who face limited opportunities in their home countries want to come to work in the United States.”

Give small businesses better access to temporary workers: “Many unauthorized immigrants work for small businesses that often struggle to comply with complex regulatory requirements for recruiting foreign workers.”

Set harsher penalties for employers who cheat the system: “If employers are going to have access to more workers, they must be subject to stricter penalties for exploiting and hiring unauthorized workers.”

To continue reading, click here.

Immigration Reform and the Middle Class

The benefits of immigration reform on the middle class are often overlooked as the immigration debate takes center stage. Julie Gutman Dickinson suggests that the “U.S. economy would grow by $1.4 trillion over the next 20 years if the Senate’s immigration reform legislation were enacted. During that same period, the federal deficit would shrink by nearly $900 billion, and by 2033, GDP would be 5.4 percent higher.”

Dickinson also suggests that “if 11 million undocumented immigrants were given legal status this year, the U.S. would see an annual average increase of 121,000 jobs over the next decade. The net result would be an additional $470 billion in net earnings for all Americans during that period.”

To continue reading Dickinson’s analysis, click here.

New DACA Numbers Out on First Anniversary of Program Providing Relief for Young Unauthorized Immigrants

The Migration Policy Institute has recently released the following figures:
“More than 573,000 unauthorized immigrants have applied for two-year relief from deportation since the Obama administration’s Deferred Action for Childhood Arrivals initiative took effect on August 15, 2012. Of these, 430,236 applications (or 78 percent of the 552,918 applications accepted for processing) have been approved, granting beneficiaries a reprieve from deportation as well as work authorization, U.S. Citizenship and Immigration Services reported today, on the one-year anniversary of DACA’s implementation.”

DHS Announces Re-designation and 18-Month Extension of Temporary Protected Status for Syria

Secretary of Homeland Security Janet Napolitano has re-designated Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from Oct. 1, 2013, through March 31, 2015.

A Syrian national, or an individual having no nationality who last habitually resided in Syria, may be eligible for TPS under the re-designation if he or she has continuously resided in the United States since June 17, 2013 and has been continuously physically present in the United States since Oct. 1, 2013. In addition to the continuous residence date requirement, applicants must meet all other TPS eligibility and filing requirements.

To learn more, click here.

DOMA struck down; Impact on Family Law

On June 26, 2013, the United States Supreme Court invalidated the Defense of Marriage Act in United States v. Windsor. The decision struck down a key section of DOMA, which defined marriage as between a man and a woman for the purpose of federal law.

The Windsor decision has important practical ramifications for married couples and their families in Massachusetts. DOMA denied married same-sex couples access to hundreds of federal rights, responsibilities, and benefits that are available to all other married couples, including, for example, filing a federal income tax returns as married, Social Security spousal and survivor benefits, and leave from work to care for a sick spouse pursuant to the Family & Medical Leave Act. The Supreme Court’s decision ensures that federal benefits and protections will now be extended to married same-sex couples in Massachusetts on the same terms as for all other married couples in the Commonwealth.

To learn more, click here.

Immigration Bill & Foreign Labor Recruiters

In an effort to crack down on recruiters who “swindle foreigners trying to legally reach the U.S. on work visas is one of the rarely discussed, but potentially transformational, portions of a bill passed by the Senate last month.

Under the recent immigration bill passed by the Senate, foreign labor contractors will be required to register with the U.S. Department of Labor, submit their fingerprints, open themselves to court action in the U.S. judicial system, and post a bond that can be used to pay workers who win any court cases, or pay fees levied by the U.S. government.

U.S. employers will be required to use registered labor contractors, or risk exposing themselves to lawsuits and government fees. Once registered, the contractors are then forbidden from charging any fees to visa applicants, must offer them binding contracts outlining their jobs in America and will be required to abide by a variety of U.S. hiring laws, including the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990.”

To continue reading, click here.