Elektra B. Yao
Rated by Super Lawyers


loading ...

Immigration Lawyer in NYC

By | Uncategorized | No Comments

 

With many types of US immigration visas, securing one has many intricacies and pathways that will spell success or failure. As the process of acquiring a visa can be long and tedious, you do not want to take chances and risk being denied. You should work with an experienced immigration lawyer who has the expertise in determining your best options for securing a visa.

This is the mission of the Yao Law Group in New York, headed by its principal attorney Elektra Yao, an immigration lawyer in NYC. She and her team study each client’s personal circumstances to expertly guide the client to a successful immigration to the US.

Elektra Yao: Her Professional Affiliations

Elektra is licensed in New York State and practices U.S. Immigration and Nationality law and Deportation Defense in all jurisdictions of the United States.

She is a member of the American Immigration Lawyers Association and the New York City Bar Association, where she is an affiliate of several committees. She is also the former Circle Leader for the Immigration Lawyers Circle.

Elektra Yao, the founder of the Yao Law Group in New York City, represents her client’s immigration cases with passion and commitment. She is fluent in English, French, Italian, and Spanish. Therefore, you can be certain that your needs can be understood. In fact, all support staff at the firm are either bilingual or multilingual.

The firm provides customized services to suit your legal needs. Their knowledge is extensive in the area of business and entrepreneurship, creative, family, training and internship or employment immigration.

Elektra has two of the best paralegals working for her, Maria Coretto and Stephania Diaz. Subsequently, you can be assured of excellent and detail-driven work. They will pursue their client’s immigration needs to the fullest of their abilities from start to finish.

What this immigration law firm is all about?

As an immigration lawyer in NYC, Elektra looks at your case with a personalized touch, drilling down to the smallest of details to ensure your best pathway to securing the right visa. The whole team takes the time to consider your circumstances and provide a personalized approach to ensure your success.

While listening to you, they are already analyzing and strategizing the way they’re going to handle your immigration case. Additionally, they will take the time to explain and discuss with you the numerous options involving your immigration case.

Their concentration to every aspect of your immigration case ensures that nothing is neglected. They think outside of the box. So, a logical solution can be pushed further into a successful resolution.

As an immigration lawyer NYC, she concentrates on personalizing every immigration case that comes her way. Moreover, each immigration issue is unique to that person and they customize their representation of their clients to your specific immigration needs.

More on Elektra B. Yao, Immigration Lawyer in NYC

Born to immigrant parents from Italy and Cote D’Ivoire, Elektra is fluent in different languages. She was given opportunities like living, studying and working in places in the United States, the European Union, and Africa.

Because of that experience, it enabled her to study the different languages and be immersed in the diverse cultures of the places she was able to live in.

Before she studied law, she earned a Bachelor’s Degree in Communication Arts from Marymount Manhattan Colleges in New York City. She worked for MTV, the Style Network, and other production companies in the Film and Television Industry. As a result, this gives her a well-rounded background in all aspects of communication.

She earned her Juris Doctor from Lewis and Clark Law School. But she also had extensive education of the law in Peking Law School, Sorbonne University and Florence, Italy and earned Certificates in Comparative Law.

Before founding her own immigration law firm, Elektra spent several years working in the best immigration law firms in New York City. Consequently, she was able to gather expertise in her chosen field.

While working there, she handled all her immigration cases with her unique and personalized approach in solving each case. She however experienced conflict and dissatisfaction with how the immigration cases were handled, when she knew there were more effective and efficient ways. With this in mind, she decided to start her own immigration law firm.

With her diverse studies, her knowledge of international law and her understanding of the different cultures, Elektra B. Yao is well equipped to handle any immigration matters that would come her way.

The Team That Completes the Immigration Law Firm

The team’s knowledge, diverse cultural background and their fluency in different languages, make them unique in handling all kinds of immigration requirements that you may need.

Maria Coretto

Maria earned her degree from John Jay College of Criminal Justice with a major in Law & Society and a minor in Philosophy. Throughout her college years, she was also working as a legal assistant in a law firm in Brooklyn. She also spent a summer in Florence, Italy to study their language and culture.

Her dedication to work and her studies gave her the discipline that she needed to work through all the immigration cases assigned to her. Her background in Philosophy gave her the edge to better understand the plight of each of her clients.

Stephania Diaz

Stephania is a senior in The City University of New York Queens College majoring in Sociology. She was also one of the chosen few to attend a Ph.D. program hosted by Stanford at Berkley.

She is planning a career in the military and law. Her fluency in Spanish subsequently makes her a valuable asset in dealing with the diverse Latin clientele of the Yao Law Group.

Her studies in Sociology gives her the edge in dealing with some of the more crucial situations presented by most of the clients that come their way.

Different Services Provided by an Immigration Lawyer, NYC

There are different aspects of immigration law. Elektra and her team are knowledgeable in each one of them:

Business and Entrepreneurship

Before you can extend your business to New York City or any part of the United States, naturally there are things you need to legally prepare for your transition into the next chapter of your business life.

Your visa options are:

  • E-1 Treaty Traders – nonimmigrant classification for a national of a treaty country to take on international trade.
  • E-2 Treaty Investors – nonimmigrant classification for a national of a treaty country to invest in an existing business in the U.S.
  • L-1A Intercompany Transferee Executive or Manager – to qualify, you must have a qualifying relationship with a business from a foreign country doing business in the U.S.
  • L-1B Intracompany Transferee Specialized knowledge – the employee must provide specialized knowledge to the business he intended to work in.

Immigration for Artists and Creatives

As artists, pursuing your career in the big apple or any part of the United States is a dream come true. The firm can provide help in acquiring the right immigration visas for your particular needs.

Your visa options are:

  • I Representatives of Foreign Media – you are representing a foreign information media outlet.
  • O-1 Visa – Individuals with Extraordinary Ability or Achievement – for someone who possesses extraordinary ability in science, arts, education, business or athletics.

O-1A – abilities in sciences, education, business or athletics

O-1B – abilities in the arts

O-2 – for those who will accompany an O-1

  • P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program – if you are temporarily coming to perform.

Yao Law Group represents all types of artists and creatives. Check out our list here.

Family-Based Immigration

Keeping the family together is important. As a US Citizen or a permanent resident, you are allowed to bring your fiancé(e), spouses, children, parents, and other family members. We can help you with this through different processes.

Your green card options are:

  • An immediate relative of a US citizen
  • Green card for Fiancé(e) of a US citizen
  • Green Card for VAWA Self-Petitioner – Under the federal VAWA is Violence Against Women Act you may be allowed to get a Green Card if you are a victim of violence in the hands of a US citizen spouse or other members of your immediate family.

Trainee and Intern

As a trainee or intern, it is important for you to acquire new skills and training from the different businesses in the United States. Different training from the different fields of business, science and even the other industries can be available to improve your skill set to help you in your chosen career.

We can help you in acquiring the proper papers to continue your education.

Your visa options are:

  • H-3 Nonimmigrant Trainee or Special Education Exchange Visitor – allows foreign nationals to come in temporarily in the United States as a trainee of any endeavor other than a graduate of medical education or to participate in a special education exchange visitor training program for children with disabilities.
  • J Visa: Educational and Cultural Exchange – this educational and cultural exchange program is designated by the Department of State, Bureau of Consular Affairs.

Exchange visitor categories are listed here.

  • Q: International Cultural Exchange

Employment

Working for a U.S. based company is the ultimate goal. Pursuing this option is best if you are thinking of expanding your knowledge and understanding about the international world.

Your visa options are:

  • E-3 Specialty Occupation Professionals from Australia – pertains only to Australian nationals who have a specialty occupation.
  • H-1B Specialty Occupation – if you are a graduate of a degree specific to a specialty occupation.
  • R-1 Temporary Nonimmigrant Religious Workers – foreign national will temporarily work as a minister or other religious occupation.

Testimonials

In looking for an immigration law firm that is right for your legal situation, one of the things that you should watch out for are the wins or the testimonials of satisfied clients.

When you are looking for an immigration lawyer, research is key. Shopping around for the best immigration lawyer is your right. Choosing the right immigration lawyer to handle your case is crucial because the success of your case will impact your career and your future.

Reading the testimonials of our previous clients will help you decide if the Yao Law Group is the right fit for you. You can be assured that you will not be just a number in our law firm. Your case is important to us and we will customize our strategy in handling your case as unique to your situation.

We are invested in your success!

A holistic approach to understanding the various aspects of the O visa

By | Blog | No Comments

Scientific progress and technical expansions played a key role in transforming the world in a Global Village. Geographical distance can no longer limit the ambitions and accomplishments of talented individuals. New-age transportation system enables interested individuals to travel from one country to another for personal and professional reasons. However, one cannot cross the international border and enter an alien country without proper documents. Visa is an official document that allows a candidate to enter a foreign land and stay there legally. The nature and tenure of the visa will vary according to the nature of the stay. Each country has distinct rules, which govern the issuance of the visa.
Special visa for talented individuals
The United States of America is no exception. People coming to the USA require a visa to pass the immigration department. Individuals who have made their mark in the fields of art, science, sports, academics, trade, and commerce often travel to different countries to attend conferences and seminars. Such recognized people need to apply for the O Visa to clear the immigration and stay in the USA. Apart from this, people, associated with the entertainment industry, must apply for this visa to enter, stay, and work in the USA for a specified tenure. The visa will help in immigration control. Additionally, this visa also assists the US officials to check the identity of the person. A single visa will meet travel, residency, and work related to legalities.
Advantages of applying for this visa
The application process, to acquire this visa is rather simple. Applicants need to pay a visa issuance fee. Comparisons highlight that the cost of this visa is less than the other types. As the skillful individual will contribute through his/her work, the chances of visa issuance are high. If an individual applies for this visa, then he/she will be able to reside in the USA for three consecutive years. In case the task requires more time, then the applicant needs to apply for a visa extension. For this, the candidate needs to consult with an O-1 lawyer.
These professionals are a special breed of lawyers who are aware of the immigration rules. It may become rather challenging for the individual to understand the US immigration rules. It will hinder the visa extension application process. Hiring the services of these lawyers ensures visa extension as per requirement. The specialists will draft the legal documents, and submit it to the respective department. The experienced lawyers will ensure error-free application documents.
Talented people can expand the periphery of their activity with international travels. It also fosters better diplomatic relations between the countries. It also paves the path for the cultural exchange. Complete legal immigration-related obligations to ensure a peaceful stay in the USA. The internet offers in-depth information on this topic, as well.

Hand-Picked Tips to Choose a Respectable and Reputable Lawyer

By | Uncategorized | No Comments

There would be times when you would face tremendous challenging situations. And then, there would be times when you would have no other options left except for hiring an advocate. Whether it is divorce case or child custody, a lawyer is always at your rescue when you encounter such unexpected and demanding situations. Hiring someone respectable and expert in this field might sound hefty, but with some hand-picked tips, you can do so in no time! This is the guide that will enlighten you about the best way to choose an attorney affordably. Know the below-offered tips and keep reading on.
A Background Check
Right before you hire an attorney for your complicated case, never forget to contact the respective new york law firms. This will result in the confirmation on whether or not the lawyer holds a good standing as the bar’s member. If you’re choosing the online market to hire the right attorney, never forget to check the reviews, first of all. What makes it simple is the references that you are supposed to check, especially when you make such decisions from the online market! The peer rating of the lawyer can also be another platform from where you can check out the details of their background.
Asking Other Attorneys
Lawyers will know the reputation and skill of other lawyers that are there in the field. The fact that makes other attorneys everything about this field is only because of their experience. The attorneys are capable of providing enough information to the respective clients about the lawyer who might not fit to be booked! When you get such information about the ethics of the lawyer, make sure that you switch over to other options!
A Good Round of Questions & Answers
Accessing to a lawyer’s legal potentials might proceed with a good round of questions and answers between you and the new york attorney you choose. If not all, most of the attorneys would offer you a free initial consultation. But that’s only possible for just a couple of hours. You should make sure to invest the time in choosing the best one only after quality communication. How long have they in this field is what you are required to know in the first place. Plus, who knows, you might get a sufficient amount of knowledge that is enough to hire that particular lawyer!
Having enough knowledge about whom you’re hiring is what makes your decision positive in the long run. After all, there’s no one on earth who wants to lose a case just because they’ve made a wrong decision! So, if you’re someone searching for a respectable lawyer, make sure you follow these straightforward tips before proceeding any further

Qualities That Every Good Lawyer Should Possess

By | Blog | No Comments

Hiring a lawyer is an important step when you are facing an unexpected situation in your life. It can be anything from a personal injury to child custody. A great lawyer will increase the chance of you winning the case, and the success of your case totally depends on him. When you are hiring a lawyer, you might not be sure of what to look for and how to determine if the person is eligible for your case. Given below are a few qualities that you can search for while hiring the best lawyer:
Communication skills
The first and foremost character to look for in a lady lawyer is the way they talk. Lawyers should have excellent communication and oral articulation skills. They should know how to write the details appropriately. What good is a lawyer who does not know how to negotiate and argue in a case? If they are not good in public speaking, then don’t even bother your time looking for the rest of the qualities. To make sure that is your case is handled and heard efficiently, your lawyer should speak powerfully.
Analytical skills
In order to review the situation carefully and understand the gravity of the issue, it is important that the lawyer has analytical abilities. Top law firms in NYC have lawyers who think logically and rationally and find the best solution for your case. The lawyer must be able to take in a large amount of data and then use his skills to build you a strong case. Not all clients have a similar problem, and that is why it is important for them to look at a different situation from different angles.
Research skills
In order to understand the client and his problems, it is equally important to research effectively and quickly. Preparing legal strategies is not an easy task, but with the growing rate of the internet, lawyers can research and find different solutions for the problem. As already stated above, this will require the ability to absorb and comprehend large amounts of information and creating something useful out of it.
People skills
Is law an abstract practice? No! It is not something that is limited only to the mind, so then why choose a lawyer who is not good in front of the crowd? A good lawyer is someone who has the ability to convince the judge and lean the case in your favour. Best law firms in NYC have lawyers with excellent public skills and enables them to react and interview the witnesses.
The topmost lawyers are not someone who only thinks logically and analytically, but also who displays creativity in their problem-solving technique. So, one must also look for creativity.

How can you choose the best women attorney?

By | Uncategorized | No Comments

Choosing the right women lawyer or law firm can be a solid step towards a successful project. It is important to know what you are looking for before you select a lawyer. This way, you will be able to make the best choice in your preferred budget, schedule and case. Given below are a few tips that will help you in hiring the best lawyer who will understand your case and oversee the matters:

Look for experience
The first thing that you should look for any company is their years of experience and performance in that specific field. This will have a significant impact on the results that you will achieve. For example, when you work with an experienced company, they will work with your best interest in heart. They will try and meet the deadline and ensure that the critical part of the project is done with utmost care and effort. If you want a successful project, go for a more experienced female lawyer.

Build a connection
It is imperative to have a good relationship with your lawyer before they start working on your case. If required, schedule multiple meetings with them and talk face-to-face. Having a personal connection with your attorney will make the process easy for you and them. The more transparent you are to them, the better. Have clear lines of communication with them throughout the case and be open about your past and the activities you were indulged in. This will help in strengthening your case.

Choose a reputed company
Law cases are no joke, and they require a lot of work. Make sure that the lawyer you are working with has her office in a prime location or someplace near your office. They should have a good reputation in your local courts. This will help in avoiding local disputes, and follow-up will be easy once the project is completed. A lawyer with strong image will ensure that your work is completed on time and meet all the deadlines as she has a name to carry.
Look for references

Before you hire a company, ask them for recommendations of their previous works. You can also talk to their past clients so that you get better insights about their work ethics. This will help you in determining whether or not you should hire the company and if they are a reliable choice. This will give you an idea of what you can expect from them throughout the case.

Cost should not be one of the primary factors in your decision-making process, but it is crucial to find a lawyer who’s services will be worthy of the costs. Compare prices of different lawyers and choose the one that fits your preferences.

Things to Know Before Applying for an O1 Visa

By | Blog | No Comments

An O1 Visa or artist visa is for the non-immigrants who are extraordinarily exceptional in the field of arts. In addition to this, it is also available for the ones who have showcased their talents in the television industry or motion pictures. What you must know about this visa is that you must be nationally or internationally recognized as an extraordinary artist. For this recognition, there a set of guidelines provided. In this article, you will find all you need to know about the O1 visa.

O-1 Visa – What is it?

The O-1 Visa provides with a temporary allowance of working to those who have extraordinary skills or talents. If you really have the skill to go for the job, getting this visa is not a very difficult task for you.
Moreover, if you work in the U.S. through this visa, you can also ask for the Green Card for the time being. Isn’t that amazing?

How to Get an O-1 Visa?

The field required for this visa can be entertainment, art, business, athletics, education, medicine or science. Nevertheless, you will have to prove to them that your talent is great and different from others. To qualify the O-1B visa, i.e., a visa for the artists, the following are likely to help:-

1. A noteworthy financial success or salary.
2. Significant recognition from experts in the same field in writing.
3. A reputation for major success.
4. A critical role in an organization of high reputation that is related to the applicant’s field.
5. Recognized nationally from major critics.
6. A lead role or starring in a major event or production.

If in your case, at least one of the above applies, you can get your visa easily.
Period of an O-1 Visa

It all depends on the job you are applying for. The O-1 visa can last for a very short period or an ever-lasting one. Generally, its period is 3 years and can be extended as many times as you wish. However, in case the job is temporary, the visa will last as long as the job does.

One essential thing to know about this visa is that even if you are willing to change your job and get hired at a different place with the same job description, you will have to get another visa.
Either way, the visa ends with the job and so does the relationship with the visa sponsor.

Hiring a Visa Lawyer

For your application, it would be great to consult an artist visa lawyer to find out if you would be able to qualify or not through the supporting documents. This way, you will save money and time of hiring a professional.
Even though it is a bit tedious process, if you think you have the right skills and talent, you can get the O-1 visa in time without hassle.

How can you choose the best immigration lawyer?

By | Blog | No Comments

The immigration process for the US can be complicated and highly taxing. When you are stuck in this challenging process, you would want an immigration lawyer by your side. If you are deciding to move to NYC, the immigration process can be a long and complex journey. A lot of people find it confusing to understand the entire process and choose the right program. This is one of the main reasons why people decide to work with an experienced and qualified immigration lawyer. But how can you know that the one you are working with is the best lawyer for you? Given below are a few tips that might help you in shortlisting the best immigration lawyer:

The focus should not be on bargaining

One should not be in a rush, and blindly choose a lawyer. You never know how many terrible immigration lawyers are out there who are ready to bargain with you and work at lower prices. The prices might be tempting for you, but this is exactly what you have to avoid. Take your time before you choose a lawyer because some might be managing multiple cases at the same time and would not be able to dedicate quality time to your lawsuit. Yao Law Group is considered among the best immigration lawyers.

On the other hand, others might not be that qualified and experienced in areas of immigration. These lawyers might only be looking to make as much money as they can. This is the reason you should do your research correctly and look into the experience and reputation of the lawyers.
Seek for referrals

Before you start the search for immigration lawyers in NYC, make sure to ask your friends and acquaintances if they have any suggestions. Word of mouth is the best referral and will help you in getting the insights of a firm. It will allow you to get first-hand information about their services and how efficient they are in delivering customer satisfaction.

Understands your language

When it comes to immigration for artists, language can be a big issue. Language barrier will not allow you to communicate with your lawyer properly. Hence, you should pick a lawyer who understands and speaks in your language. This will make it easy for you to streamline the process and ensure that you both are on the same page. He will also be able to make sure that the translation of the documents from your native language to English is done correctly and has no mistakes whatsoever.
It is important to build a good relationship with your immigration lawyer so that he delivers efficient services and keep your best interests at heart. Taking the above tips into account will help you find a qualified attorney who will skillfully handle your case.

Workload Transfer Between Service Sites

By | Uncategorized | No Comments

The Service Center Operations Directorate (SCOPS) consists of five service centers which process and adjudicate certain authorized immigration applications and petitions. The five service centers are located in California, Nebraska, Potomac, Texas, and Vermont. Applications and petitions can only be received through the mail, filed online or filed with a USCIS Lockbox. On occasion, cases are transferred between service centers in an attempt to balance the workload and ensure timely processing. Recently, USCIS has transferred case work from the Vermont Service Center to the California Service Center after it experienced an excess of workload.

Read More

When To Use Comparable Evidence in EB-1A cases

By | comparable evidence, EB-1, policy, RFE, Trump, Uncategorized, USCIS | No Comments

There are many interpretations of “comparable evidence.” Some immigration attorneys interpret this alternative criterion to mean that it is only applicable if the profession, not the particular type of evidence, doesn’t fit into the other criteria. For documentary evidence submitted for a particular EB-1 regulatory criteria, as outlined in Policy Memorandum PM-602-0005.1, USCIS recognizes that, “In some cases, evidence relevant to one criterion may be relevant to other criteria set forth in 8 CFR 204.5(h)(3).” (PM-602-0005.1 at page 6).

Read More

What’s a 601A Provisional Waiver

By | 601A provisional waiver, bars re-entry, immediate relatives, inadmissible, inspected, Uncategorized, unlawful presence, waived, waiver | No Comments

If someone entered the U.S. without being inspected by an immigration official, that person has been present unlawfully and accruing unlawful presence from the day they entered. That person becomes “inadmissible”. For as long as someone is deemed “inadmissible” that person cannot be granted a visa or a green card in the United States. However, because the law bars re-entry for so many years (10 years if the person has accrued unlawful presence of more than 180 days), many individuals do not feel safe leaving the U.S. even if they are otherwise eligible for a green card. Fortunately, such individuals may be eligible for a 601A provisional waiver. 

Read More

WHAT DOES THE RAISE ACT ENTAIL FOR IMMIGRANTS IN AMERICA

By | RAISE act, Reforming America’s Immigration for Strong Employment, Uncategorized | No Comments

The RAISE act is a bill that focuses on a skills based immigration system in America. RAISE stands for Reforming America’s Immigration for Strong Employment. The two republican politicians that co-sponsored were Arkansas Senator Tom Cotton and Georgia Senator David Perdue. This bill’s goal is to cut the percentage of legal immigration in the United States by 50% each year over the next 10 years by reducing the number of green cards issued. Hopefully, the bill will face opposition in congress from Democrats and some Republicans as  well. This act will greatly impact the United States’ immigration system, which currently gives green cards to more than a million people a year. This bill would attempt to cut this number in half to become about 500,000 people a year.

Read More

USCIS Site Visits

By | Department of Homeland Security, H-1B, I-129, site visits, Uncategorized, United States Citizenship and Immigration Services (USCIS) | No Comments

The United States Citizenship and Immigration Services (USCIS) works to deter and detect fraud in all immigration programs. The H-1B visa program helps U.S. companies recruit highly skilled foreign nationals when there is a shortage of qualified workers in the country. Since 2009, USCIS has been increasing targeted inspections and anti-fraud site visits in regards to the H-1B visa, to ensure that employers and foreign workers are complying with the requirements of the H-1B nonimmigrant classification. These compliance review site visits are conducted to review foreign national employees specifically to ensure that the employer is complying with claims made in the I-129 petition, and specifically that they are authorized to work in their current positions.

Read More

USCIS Increases Premium Processing Fee

By | Department of Homeland Security, DHS, Form I-129, Form I-140, Immigration and Nationality Act (INA), premium processing, Uncategorized, United States Citizenship and Immigration Services (USCIS), USCIS | No Comments

Effective October 1st, U.S. Citizen and Immigration Services (USCIS) has increased the premium processing fee from $1225 to $1410 for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigration Petition for Alien Workers.

Read More

THE FUTURE OF DACA

By | DACA, deferred action, Deferred Action for Childhood Arrivals, Development, Relief and Education for Alien Minors Act, DREAM act, DREAMers, Obama, President Barack Obama, Uncategorized, undocumented | No Comments

The Deferred Action for Childhood Arrivals program (DACA), also was formed through executive order by former President Barack Obama in 2012 and allows certain people, called Dreamers, who come to the United States illegally as minors to be protected from immediate deportation. Recipients are able to request “consideration of deferred action” for a period of two years which is subject to renewal.

Read More

The End of DACA

By | Advance Parole, BRIDGE Act, BRIDGE Act (also known as “Bar Removal of Individuals Who Dream and Grow Our Economy”),, DACA, deferred action, Deferred Action for Childhood Arrivals, DREAMers, New York, New York Attorney General Eric T. Schneiderman, Obama, Trump, Uncategorized | No Comments

Deferred Action for Childhood Arrivals (also known as DACA), ordered by the Obama administration in 2012, is a program that has offered temporary protection from deportation to nearly 800,000 people who were brought to the country illegally as children, allowing them to obtain work permits, be eligible for driver’s licenses, and complete schooling.

Read More

The Diversity Green Card Lottery

By | Diversity Immigrant Visa Lottery Program, Diversity Immigrant Visa Program, President George Bush, President Trump, Reforming America’s Immigration for Strong Employment (RAISE) Act, Uncategorized | No Comments

The Diversity Immigrant Visa Program was first created in 1980, mainly to benefit Irish immigrants. Senator Edward Kennedy of Massachusetts and Representative Bruce Morrison of Connecticut, both Democrats, invoked a “diversity” rationale in noting that the program would help the many Irish in the United States who had overstayed their temporary visas. The program was then changed to accept anyone from countries that don’t send many immigrants to the United States. In 1990, the program was passed through a bill signed into law by former President George Bush. This program gives individuals from select countries the opportunity to win a visa by random selection. It is managed by the State Department and has been functioning since 1995.

Read More

The Dark Side of Living as an Undocumented Immigrant

By | 10-year ban, 1996 welfare law, deferred action, deportation, foreign, Government Benefits, Immigration Reform and Control Act of 1986 (IRCA)., lifelong ban, New York, passport, social security, Uncategorized, undocumented | No Comments

Approximately 43.3 million foreign-born people live in the United States, which includes 20.7 million naturalized U.S. citizens and 22.6 million noncitizens. Of the noncitizens, 13.1 million are lawful permanent residents, 11.1 million are unauthorized migrants, and 1.7 million hold temporary visas. There were 11.3 million unauthorized immigrants in the U.S. in 2016. Six states account for 59% of unauthorized immigrants: California, Texas, Florida, New York, New Jersey and Illinois.

Read More

Should I file my O-1 visa with an Agent-Petitioner or an Employer-Petitioner

By | Agent, agent agreement, Employer, employer-petitioner, extraordinary ability, itinerary, O, O-1, O-1 visa, Uncategorized | No Comments

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

Read More

R.I.P Yates Memo_ 2004-2017

By | deference, extension, extensions, maintenance of status, policy, Uncategorized, USCIS, Yates Memo | No Comments

The Yates Memo, published in 2004, entitled The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity, instructed immigration officers to give “deference” to the findings of a prior approved visa petition when adjudicating petition extensions (i.e. visa renewals), as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination.

Read More

Increase in Deportation and Arrests

By | deportation, Deportation Defense, executive orders, ICE, Immigration and Customs Enforcement (ICE), Operation Cross Check, President Trump, Uncategorized, undocumented | No Comments

President Trump’s Administration has prioritized immigration by implementing executive orders that could go after every undocumented immigrant in the US.

Since President Trump has assumed office, there have been immigration raids enforced by the Immigration and Customs Enforcement (ICE) agents assigned to regional offices in Los Angeles, Chicago, Atlanta, San Antonio and New York. The raids were part of a nationwide immigration roundup named Operation Cross Check, which accounts for a small portion of the 21,362 immigrants the Trump administration took into custody for deportation proceedings from January through mid-March. As a result, there has been a 32% increase in deportation arrests over the same period last year. Most have criminal records but many were not criminals.

Read More

Inconsistent Conduct Within 90 Days of Entry

By | 30/60 day rule, 90 days, 90 days of entry, 90-day rule, Adjudicator’s Field Manual, Adjustment of Status, Board of Immigration Appeals, change of status, conduct inconsistent, Consular officers, F (Student) status, Foreign Affairs Manual (“FAM”), Immigration and Nationality Act, immigration benefit, Inconsistent Conduct, LPR, misrepresenting a material fact, nonimmigrant B (Visitor), port of entry, unauthorized employment, Uncategorized, Willful Misrepresentation | No Comments

Effective as of September 1, 2017, The Foreign Affairs Manual (“FAM”) now has an updated subsection titled “Inconsistent Conduct Within 90 Days of Entry” which states:

“If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, as described in subparagraph (2)(b) below, you may presume that the applicant’s representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry.”

Read More

I Married a Foreigner

By | Adjustment of Status, after inspection, Consular Processing, foreign national, Green Card, immediate relatives, immigrant petition, immigrant visa interview, maintain status, National Visa Center (NVC), permanent residency, priority date, Uncategorized, USCIS | No Comments

If a foreign national marries a U.S. citizen, the foreign national becomes an immediate relative of the U.S. spouse and may be able to apply for U.S. permanent residency as a result of the marital relationship.

Read More

Harlem’s Thriving Immigrants

By | Harlem, immigrant, international, Uncategorized | No Comments

Harlem’s reputation as an international neighborhood is unrivaled by any other neighborhood in Manhattan. Immigrants from around the world settled in Harlem and their children have made significant contributions that have greatly impacted politics, commerce, and the arts. Since the first advent of Spanish, Italian, and Jamaican immigrant to the flourishing Senegalese, French, and Dominican communities present all over Harlem, Harlem has become synonymous with diversity, inclusion, and acceptance.

Read More

Fraudulent Marriages for a Green Card

By | adjustment, Board of Immigration Appeals, bona fide, fraud, Green Card, immediate relatives, immigration benefits, marriage, marriage-based green card, notaries, permanent residents, spouses, Stokes interview, U.S citizen spouse, Uncategorized, US citizens | No Comments

US citizens and permanent residents can sponsor foreign national spouses through a petition for a Green Card by marriage. US citizens can sponsor spouses as “immediate relatives.” For immediate relatives, visa numbers are available immediately, which means that there is no need to wait for a visa number to become available. As soon as the U.S citizen’s petition is approved, a visa number is made available and the foreign spouse can apply for a US Green Card.

Read More

DHS to Collect Social Media Information on all Immigrants

By | citizens, foreign visitors, naturalized, permanent residents, Privacy Act of 1974, Secretary of State, social media, Uncategorized, visa application, visitors | No Comments

On September 18, 2017, in accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposed to modify a current Department of Homeland Security system of records titled, “Department of Homeland Security/U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection-001 Alien File, Index, and National File Tracking System of Records.” The new rule will be implemented on October 18, 2017 after a public comment period.

Read More

DHS Proposes New Rule

By | Adjust Status, Department of Homeland Security, Form I-485, Green Card, Uncategorized | No Comments

The Department of Homeland Security (DHS) has proposed a new rule, suggesting a series of changes to be implemented during the processing of Form I-485, Application to Register Permanent Residence or Adjust Status. Based on the 2017 Data Set for Form I-485, released by United States Citizenship and Immigration Services (USCIS), there was a total of 164,012 new applications received during the reporting period. As of the end of the reporting period, only 152,008 were approved, 15,364 were denied, terminated, or withdrawn, and 682,619 were still awaiting a decision.

Read More

Constitution Day and Citizen Day

By | Citizenship, U.S. Constitution, Uncategorized | No Comments

We must live and remember the legacy of our founding fathers, “to establish a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity”. Americans all over the country celebrate Constitution day and Citizenship day each year on September 17th, as well as Constitution week on September 17-23. The U.S. Constitution was signed in Philadelphia by delegates to the Constitutional Convention from 12 states September 17th 1787.

Read More

Ciao Tutti! Mollo Tutto e Vado in America!

By | America, Artisti, CV, E-2, F-1 Visa, H1-B, J-1”Exchange Visa”, M Visa, O-1A, O-1B, Uncategorized | No Comments

Il format Americano del CV è ben diverso da quello Europeo.  L’America è un paese con più di 300 milioni di abitanti e quindi puoi immaginare quanti CV le aziende ricevono ogni giorno. Il tuo CV deve essere interessante,  creativo, diverso e incisivo. Importante non appesantirlo con informazioni inutili come : data di nascita, nazionalita, indirizzo, informazione sulla patente, ecc.

Read More

Are you Extraordinary

By | extraordinary ability, O-1, O-1 visa, Uncategorized | No Comments

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Read More

A Brief Overview of the Current Executive Orders

By | Executive Order 13767, Executive Order 13841, immigration policy, President Trump, Uncategorized, undocumented, Zero Tolerance Policy | No Comments

In response to gang related violence and drug cartels, thousands of families have fled their countries to seek refuge in the United States. This shift in immigration is known as the Central American Refugee Crisis. U.S. Federal Bureau Investigation indicates that El Salvador leads with a homicide rate of 60% while Honduras following with a rate of 42.8%, and Guatemala with rate of 26.1%.  In addition to the dangerous journey, many days without water, and gun fire, President Trump’s Zero Tolerance Policy may be the most concerning obstacle families must overcome.

Read More

I want to become a U.S citizen

By | Constitution, continuous residence, Immigration and Nationality Act of 1965, Naturalization, Naturalization Act, naturalization ceremony, U.S. citizenship, Uncategorized | No Comments

Naturalization is the legal process of obtaining U.S. citizenship after birth. A naturalized citizen is allowed all the rights and privileges of natural born citizens, including the right to vote, serve on a jury and participate in government and the political process. The Naturalization Act was the country’s first law which regulated the naturalization of foreign born Americans passed by the United States Congress on March 26, 1790. Now, the Immigration and Nationality Act of 1965 governs naturalization.

Read More

Personalized, Immigration Legal Services in New York

Profile Evaluation