Ask an Immigration Lawyer - AIM - 20 I-130 Petition for Alien Relative - How to fill out the Form I-130 to Immigrate a Spouse Lawyer TI-130 Petition for Alien Relative - How to fill out the Form I-130 to Immigrate a Spouse Lawyer T

AIM - 20 I-130 Petition for Alien Relative - How to fill out the Form I-130 to Immigrate a Spouse Lawyer TI-130 Petition for Alien Relative - How to fill out the Form I-130 to Immigrate a Spouse Lawyer T

03/04/19 • 23 min

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...

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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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AIM - 21 How to get a Green Card through an employer (EB2EB3) San Diego Immigration Lawyer

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.