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Ask an Immigration Lawyer - AIM - 18 Immigration Law Q & A DACA Update and more &  what you need to knowImmigration Law Q & A DACA Update and more &  what you need to know

AIM - 18 Immigration Law Q & A DACA Update and more & what you need to knowImmigration Law Q & A DACA Update and more & what you need to know

02/28/19 • 39 min

Ask an Immigration Lawyer
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...
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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...

Previous Episode

undefined - AIM - 17 How a Citizen of New Zealand get a Visa for the USA (Business) E2

AIM - 17 How a Citizen of New Zealand get a Visa for the USA (Business) E2

How a Citizen of New Zealand get a E2 Business Visa for the U.S. 00:00 The new E2 visa and E1 visa for citizens of New Zealand is a new opportunity based on the Kiwi Act that was signed recently by President Trump and this visa will allow citizens of New Zealand to come to the United States, invest and start their own businesses. 00:47 You must have at least $50,000 to $100,000 as a minimum investment to invest in your own business. This is an amount of money that you currently have in New Zealand that you either earned it or you inherited it or you got it as a gift. Another requirement is that you actually have to come to United States and open and start a company. 01:20 If you identified the business before you arrive and you're able to purchase that business and using that purchase you can start your...your business in the United States and obtain an E2 visa. 01:39 Another requirement is that we have to prove where the money came from. 02:09 The U.S. government would like to see what is your plan with your business. 02:37 Another requirement of the visa of the E2 and the E1 visa that you need to have a business plan five year plan to show what you're going to be doing with your business in the United States 03:17 Another requirement is that it has to be a substantial investment 04:03 It's going to be a huge opportunity for startups, for entrepreneurs from New Zealand to come to the United States and try their luck in here. 04:48 Again, it's a temporary visa, so you're not abandoning your residents in New Zealand, but it's an amazing opportunity 05:09 It's called the Kiwi Act signed into law into August 2018 by President Trump, welcoming citizens of New Zealand to come to the United States and started companies using the E1 or E2 visa. 05:33 If you enjoyed this video, please let me know. Post it in the comments below and we'll look forward to connecting with you on Facebook right here

Next Episode

undefined - AIM - 19 I-601 Waiver Winning your waiver best tips and strategy by San Diego Immigration Lawyer

AIM - 19 I-601 Waiver Winning your waiver best tips and strategy by San Diego Immigration Lawyer

00:03 We will cover one of the most complex areas of immigration law and as the waivers of grounds of inadmissibility. 00:23 We'll specifically about the I-601 Waiver that is a very powerful waiver that can waive grounds of unlawful presence, or certain criminal activity as well as misrepresentation and fraud. 00:44 It is very important to connect a qualifying relative that will be the focus of our waiver because if there isn't qualifying relative by law, then we don't have a waiver and that case would not be possibl 01:35 What is the standard of I-601 waiver? The legal standard is extreme hardship. 02:00 It is extreme hardship to the U.S. citizen qualifying relative this case, a parent or a spouse 02:18 We have things like family ties in the U.S. or in the foreign country. If the U.S. citizen, spouse or parent has been live in the U.S. for many, many years, they have strong roots here. Uprooting them from here is going to cause them extreme hardship cause they don't know anybody in a foreign country 02:45 Another factor for extreme hardship are medical and psychological conditions. 03:19 Another factor is that if the U.S. citizen spouse or parent, you already have a very, very important job here. 03:52 Let's put it in the case to show that country conditions make it so difficult, almost impossible for that U.S. citizen qualifying relative to move and therefore it's going to result in extreme hardship 04:34 use exhibits. We use affidavits in a certain way that will make it easier for the adjudicating officer to approve that 601 waiver case. 05:24 There are waivers like the 608(a) which are specifically for unlawful presence. There are waivers, like the 212(d)(3) for people that are non-immigrants. There is the I-212 waiver, therefore people that have been removed 05:54 We have more articles on our website that will focus on that. Please subscribe to our channel

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