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How International Students can accrue unlawful presence? 00:01 A new USCIS policy can have devastating consequences on students who overstayed or violate their status 00:15 The new UCIS policy coming up August 9, 2018 that will change the way a students, F-students, J-Students, M Students are considered to be accruing unlawful presence in the US if they violated their status by not going to school or working 1:25 The only way they could accrue that if they were apprehended by immigration official, by a judge who determine that at that moment they accrued over presence. 2:26 but the essence of accrual of unlawful presence will happen at the time of that interview when that person willmeet the immigration officer. 3:37 If they are here now, before August 9th they should try to speak with an immigration attorney to see what they can do facing that change in and the upcoming date because after that they will be a accruing unlawful. And it's important to make plenty because we have 180 days and then you have the one year. And it's important to plan that 4:40 Keep in mind that this is a policy change that is coming in August 9th. It will be impacting all students that are here in DS status that currently are in violation of status 5:33 it's important to understand and plan how you're going to try to change your status. Once again students that are currently in violation of status are going to start accruing unlawful presence after August 9th based on this new memo

A lawyer tips on the petition for an alien relative and How to fill out the Form I-130 to Immigrate a Spouse Show Notes: 00:00 A breakdown of how to complete an actual I-130 family petition a form. 00:35 The form I-130. This is the petition for an alien relative, so this is where you are petitioning your spouse and you want to make sure that you complete this form as thoroughly as possible 00:46 Remember the petitioner is the U.S. citizen, so if you are a U.S. citizen through naturalization, you used to have an alien registration number. 01:46 You do want to enter your social security number. You want to enter your last name, first name and middle name, and you want to make sure that you have typed incorrectly. You want to enter the city or town that you were in and your country of birth, your date of birth, and your sex, male or female, 02:18 Make sure your address is correct because if it's wrong, you're not going to get your receipts. So don't forget the apartment number or floor number, whatever it is that pertains to you. But make sure it's complete. 03:09 You do want to fill out 13A since when have you been living at that address 03:42 The dates don't have to be precise. They can be approximate, but you want to enter the month, day and year. 04:08 If this is the only marriage, then you're just going to mark one in this box. 04:38 Make sure that you mark down if you've had other previous marriages 05:08 Your current status, of course, is married because you're filing for your spouse. And you want to enter here your date of marriage, of your current marriage, not any previous marriages 05:30 Under the name of all spouses, of all your spouses, if this is the only marriage you have been, you only need to complete the first one and where it says date marriage ended, you can leave that blank. If you were previously married, then you want to enter the name of your previous spouse. And if you were married more than two or three times, you want to go to the last page and enter that information and we'll show you that at the very where you can enter this 06:05 They want to know where your father was born and where he resides now. 06:52 You're going to mark down whether you're a U.S. citizen or a legal permanent resident to lawful permanent resident. And if you got citizenship through your birth or through naturalization or through your parents 07:54 If you are a lawful permanent resident, then you need to include this information, your class of admission and where you were admitted in the state you were admitt 08:09 Employment history, so if you are currently employed, this is where you put your current occupation and the date that you started 08:57 Biographic information. So you interfere Hispanic or Latino or not Hispanic, and if you're Hispanic, you are lawfully legally by the Supreme Court 09:27 This is where you're going to talk about your spouse, the foreign national who is going to be applying for adjustment of status 10:01 The U.S. social security number, if they've never worked in the U.S. before and they've never had an a number before or work authorization, they are not going to have a social security number so you can leave that blank. 10:14 Beneficiary's name, this is important information because it's used for your background check. And especially if you have a common name, it's really important that you put your name as thoroughly as possible. 11:04 Other information about the beneficiary, this is where you put the birth city, country and the sex of the beneficiary 11:39 We're going to go to the beneficiary's physical address and if they are currently here in the U.S. and it should be the same address is the petitioner. 11:58 Other address information, you provide the address in the United States with the beneficiary intents to live. 12:28 Information about the...

How to get a Green Card through an employer? 00:04 The first step in the process of getting a green card through an employer is actually have the employer commit to giving you that job. 00:18 The first step in the process is going to be, we called his perm, PERM Labor Certification, the Labor Certification. And the Labor Certification process involves essentially an employer filing a petition with the Labor Department and several other things with the Labor Department proving that there are no U.S. citizen workers that are qualified to do this job. 1:18 The reason is because not only that employer has to sign the forms, be involved in all the recruitment process and everything else that we're going to describe, but also they have to be paying most of the fees that are involved in the process, including the lawyer fees 2:31 Once we have a certified labor certification, after we went through all the hoops of advertising and doing whatever is required, the employer with that certified labor certification, they can go ahead and proceed to filing the immigrant petition. 3:25 Employer will provide financial documents, pay stubs, tax returns and if all those are met then the I140 will be approved. 4:24 Typically when you do file the I140 or the 45 immigration may request more evidence and if that's the case you have to respond and hopefully the case will be approved, but that's in general the process to file a green card through an employer. 5:16 If the applicant is married, typically we advise to file the application for the spouse at the same time where when you file your own adjustment of status application, because if the green card is already approved for that employee and they are married and they failed to file for their spouse, they'll have to file for their spouse separately.

00:02 We are going to talk about immigration changes and updates 00:43 We're going to start off with some of the topics because I know you all want to know the most pressing and most important things that are happening in immigration. 01:23 President Trump met with top CEO's and Fortune 500 companies yesterday and they were just had a dinner talking about different things. They basically were pressing him on immigration. they actually wanted him to create a program that will allow skilled workers to be able To come here in a much better way. 02:04 Another important thing that happened that was the announcement by a judge, that the DACA program will continue. 02:24 A judge gave 20 days to the Trump Administration to reinstate that DACA for extension and for new obligation. 03:21 Its also constitutional challenge because one judge is saying give you 20 days to bring back that DACA and another judge pulled on the seat today or this week, destroyed DACA so maybe it's going to go to the Supreme Court. 03:53 As of now, DACA applicants that hold DACA, they can continue to renew it until further notice, but any new DACA applicants, if you're somebody who would qualify for DACA today, you can do it until there's going to be some other decisions 04:25 I still think that Congress is going to come up with a law for the dreamers. 05:00 Right now it remains to be scene and will continue to update you. 05:12 Most of the family petitions were actually getting interviews. But now, every green card application is subject to an interview, which makes it, first of all, much more complicated. Makes the process much more confusing because even officers, and I'm not always aware of what they should be asking, what are the, some of the standards. 05:53 Let's start with marriage petitions and I-864 for joined sponsors. What are some of the, what are some of the issues that we see there? 06:13 In late term, when you get married in each to your husband and your wife easily with U.S. citizen doesn't make enough money, you need to, for example, for a couple, you make less than $20,000 a year on tax, you have to find a sponsor. 07:39 Some of these marriage cases they're trying to detect fraud and so they determine that if somebody is willing to sign paperwork and they're not really connected to the couple, maybe there's some sort of a, you know, something shady going on. 08:17 Try to find co-sponsor that you know maybe it's a friend or a family, a coworker or somebody, but not just somebody that you paid because that's going to create a problem down the process whether it's your first interview or second interview 08:43 Another question that we see that they ask, and it's a question that is on the form I-45, whether it's for an employment base or family case is whether you're violated your terms of your visa. 09:26 You have to be upfront if you overstay, you have to say yes 10:02 In a sum the way you answered those questions can trigger more investigation for no reason specifically with the question of overstay and that some instances were overstay is not an issue, but you need to know which ones are those instances. Make sure you have that full DOJ-FBI report because if you don't, sometimes there can be things that can be discovered at the interview and if you don't see it in advance, it's very difficult to deal with it and maybe already too late at the interview and sometimes can result in denial or even arrest at the interview. 11:04 Make sure you have full DOJ-FBI criminal reports then before you actually attended interview and any attorney can help you with that 11:30 That’s also why you have to your record before you're interview because it brings a lot of problem because they know if you're off charge. 12:42 It's always better to be informed as to what you have in your criminal records file before you...

E-2 Investor Visa, how to show the source of the investment funds? 00:00 We'll talk about how to prove the source of funds of your E-2 investments 00:10 How do you prove whatever source of investment you have? How do you actually prove it? 00:25 we want to see the documents in that property, whether it's a house or cars or any other valuables. you have to provide those documents. 01:03 They sold the house, we want to see their, their documents so the person who gave you the gift has to prove where they got the money. 01:20 20 If your funds are coming from real estate we want to see, you know, the deed. We want to see proof of the bill of sale, the whole transaction history of the sale of the property in your home country 01:52 And so if you have stocks invested in France, in Switzerland in the Caymans, we need to see at least three years of tax returns and statements from those accounts to show how you funded your investment because it came from those things. 02:56 56 If your source of funds is profits for example you won the lottery or gambling we have to be careful because we have clients that made money in legitimate gambling. As long as you pay taxes for this, as long as it legitimately recorded in your country, there is a way to also use those funds to invest in a business. 03:24 typically five years of tax returns and letter from a certified accountant in your country to show that it's a legitimate source of earnings and then we can use that for your, you know, for investment 03:44 As long as you reported those income and you pay taxes and you can documented income from crypto currency can also be used in an E-2 visa investment. 04:34 Yes, a lot of new forms of currency can also now be used as a source of funds as long as we can document that. So hopefully that kind of gave you a little bit of a, of a, of a background and explanations as to how you can document source of funds 05:17 If you have questions, post them in the comments below, send me an email. [email protected]