Ask an Immigration Lawyer

Employer's five most common mistakes when they are filing the labor certification also known as Perm. 00:03 The five most common mistakes that employer's make every single time when they are involved in the process of filing a labor certification. 00:26 When you prepare an ETA 1989, which is also the PERM application, it's very important to check every single line on that form. The number one mistake is that employers would do it on their own or even work with attorneys on experience in the process, they fail to check the form correctly 01:19 Employers and people that are working with employers make mistakes in the placement of the ads. Most common mistake that we see is putting those ads in the wrong dates and the wrong information. 01:51 It's really important to outline the recruitment schedule beforehand. 02:14 Employers and people who work with the employers who prepare the form, they fail to match the experience of the employee, 03:13 Once the ETA form has been submitted, there's an email sent from the Labor Department to the employer and a lot of employers are failing to respond to that email and that could be resulting in abandonment of the case. 03:51 Not keeping clear records and not doing everything you're supposed to be doing during the recruitment process. 04:26 Avoid those five mistakes and you'll be golden and you have your Perm Labor certification application approved in no time. 04:45 Hopefully this was helpful to you and you enjoy our videos.

What's the difference between a fiancé visa and a marriage visa? 00:00 A fiancé visa or marriage visa. What's the difference? 00:10 We'll talk about the difference between a K-1 visa, a fiancé visa, and a marriage visa. 00:29 What is it K-1 fiancé visa? A fiancé is usually reserved for people that are engaged to U.S. citizens only. 01:06 It's also important to understand that the fiancé visa can be sometimes quicker than a marriage visa. 01:42 Marriage visa is reserved to green card holders that want to file an I-130 for their spouses or for U.S. citizens that want immigrate as sponsor. 02:36 The main difference between a fiancé, visa and marriage visa is that first of all, for a fiancé visa, the couple/ They don't have to be married 03:22 They want to be able to test the relationship by living here together. Sometimes, those couples, it's the first time they actually live together. 03:56 It's good to know that there is the option of doing your fiancé visa before marriage and there's an option to file for a marriage visa once you're already married 04:25 Hopefully you understood the difference between the K-1 fiancé visa and a marriage visa. If you have any other questions, post them in the comments below or email them to me, to jacob@h1b.biz.

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

How to choose the right immigration lawyer for you 00:00 You need an immigration lawyer, but how do you find the right one 00:11 We wanted to answer one of the most common questions that I get asked how to find the right immigration lawyer for you. 00:36 It's really important to start with a referral 01:06 Most immigration attorneys are offering free consultations. And so it's important to choose some of those that are offering free consultations. 01:25 . Most immigration attorneys are working on a flat rate basis. 02:00 02:47 Most attorneys are working on an hourly basis, but a lot of immigration attorneys are shifting to the flat fee model, which basically allows you to know upfront how much are going to cost you to pay for the case, how much you're going to take time on, on their side to prepare the file. 03:42 Another important factor is to find out if this attorney is a member of AILA, the American Immigration Lawyers Association, which controls most of the immigration bar. 04:22 Most attorneys that are practicing immigration law should have a public profile on Google reviews, on yelp and on AVO, which are the three main sites that you should definitely check your attorneys on Google. 04:45 The other thing you want to check is to see where they are licensed and if there are any disciplinary actions with their, with their bar association. Some attorneys are licensed in one state and they can practice immigration law in another state because the federal law, so it doesn't matter where they are, they can practice immigration law 05:26 I think the most important advice is that it's important to meet with a few attorneys before you make a decision because everybody has a different style. There are many, many good lawyers out there and it's up to you to find the right one for you.

How to fill out the Form I-485 for an Adjustment of Status in the United States? 00:01 We don't give legal advice but I felt it would be nice to show how to complete a form, what it looks like. It's all done for general information only and when you have a case like an adjustment of status based on family, on deployment, those are really complicated things and you should definitely work with an attorney 00:35 We will now begin with form I-45, and this form is extremely important that you have all of your information correct because this is the form that the USCIS will use in order to prepare your green card. 02:07 Information about you continues with the country of birth and country citizenship. The alien number again, is only if you've been in the U.S. before. So if you entered the U.S. through crossing the border or an airport and you were admitted at a port of entry, which you have to have been admitted at a port of entry in order to file for adjustment of status, you will click on this that you were inspected. 03:56 Some people have entered a with an advanced parole or a humanitarian parole. And if that's your case, then you want to click on this one. And if you came into the United States without admission or parole, you want to click on this one. 05:03 They want to know the name as it appears on your I-94. Usually it is almost the same as it appears on your passport 05:46 Are you applying for adjustment based on immigration nationality act, section 245-I? So some people who have petitions that were filed prior to April 30th of 2001and entered unlawfully without a visa would mark yes here. And those people would have to complete another form as well, but we're just focusing on the marriage case right now so you probably entered legally, you're going to answer no 06:31 This section is usually not for marriage cases because it has to do with petitions that have already been filed for other people through an employer or through a relative it's really important for you to be very honest and very clear. 08:06 It wants you to provide your most recent address outside the U.S. where you lived more than one year. That would also match the information that you put on your I-130. How many times have you been married before? So and this includes annulled marriages, so you want to put down how many times you've been married before. 09:53 Information about prior marriages, this is where you put all your prior marriages, where you get married. You do need to have this information, so hopefully you remember it or have it with you 11:02 Read this carefully. It's telling you how many children you need to enter in here, whether they're married or unmarried, living with you or elsewhere. You want to include any missing children and other children that were born outside of your marriage. 12:32 some of the questions are very intricate and you have to be very careful how you answer these. So let's start with the first one. Have you ever been a member of, involved in or in any way associated with any organization, association fund, foundation, party, club society or similar group in the United States or in any other location in the world, including any military service. You want to put that information here because this is needed for your background check. So it's very important that you complete this as thoroughly as possible. 13:30 It's asking if you've ever been denied admission to the United States. So if you've ever tried to enter the U.S. and they said no, you can't come in or they canceled your visa or anything like that happened. 14:32 You'd want to answer. Yes. Have you ever been denied a visa to the United States? If you applied for your B-1, B-2 visa and it was denied or you're applying for an F-1 visa and it was denied and then later you apply for another visa and it was approved, you still have to answer yes that you've been denied a...