The Law Offices of John R. Alcorn, APCThe Law Offices of John R. Alcorn, APC2024-03-11T21:40:45Zhttps://www.jr-alcorn.com/feed/atom/WordPress/wp-content/uploads/sites/1403648/2019/10/cropped-Ogimage-2017-07-07-05-54-18-1-32x32.jpgOn Behalf of The Law Offices of John R. Alcorn, APChttps://www.jr-alcorn.com/?p=484632024-03-11T21:40:45Z2024-03-11T21:40:45ZDetermine eligibility
The first step towards becoming a U.S. citizen is to determine if you are eligible. Generally, you must have had a green card for at least five years, or three years if your spouse is a citizen. You must also be at least 18 years old and be able to speak, read and write basic English.
File Form N-400
You will have to complete Form N-400, the Application for Naturalization. This form asks for basic information about your background, family and immigration history. It also requires you to provide evidence of your green card and other relevant identifying and background documents. You must also pay the application fee.
Complete an interview
After submitting your application, you will attend an interview with a US Citizenship and Immigration Services officer. The officer will ask you questions about your application and your eligibility for citizenship. They will also test your knowledge of English and U.S. civics.
Attend the oath ceremony
Once the USCIS approves your application, you will attend a naturalization oath ceremony. Here, you take an oath of allegiance to the United States. You also renounce allegiance to any other country. You will also receive a Certificate of Naturalization, which officially makes you a U.S. citizen.
It is important to note that the process of becoming a citizen can vary depending on your individual circumstances. Some applicants, such as members of the military or spouses of US citizens, may be eligible for expedited or special consideration.]]>On Behalf of The Law Offices of John R. Alcorn, APChttps://www.jr-alcorn.com/?p=484612024-02-07T21:56:11Z2024-02-07T21:56:11ZUnderstanding deferred action
The U.S. Citizenship and Immigration Services define deferred action as an act of prosecutorial discretion to defer the removal of an individual. This means that the government will not deport immigrants protected by DACA, even if their presence in the country is unlawful. The protection granted by DACA typically lasts for two years, unless terminated due to special circumstances.
Criminal conduct
One critical factor that can lead to the government cutting off DACA protection is engaging in criminal conduct. This can include a DACA recipient receiving a felony conviction or a significant misdemeanor.
National security concerns
The government also has the authority to terminate DACA if an individual poses a threat to national security. Any involvement in activities that jeopardize the safety and well-being of the country can lead to the revocation of deferred action.
Fraudulent representation
Another situation that may lead to the government cutting off DACA is if an individual provides false information or engages in fraudulent representation during the application process. The DACA program hinges on integrity, and any deceptive practices can result in the termination of deferred action.
Changes in immigration policies
Government policies regarding immigration can also impact DACA. If there are significant alterations to immigration laws or policies, it could lead to changes in the DACA program.
While DACA offers a lifeline to many young immigrants, its protection is not unconditional. Understanding the circumstances that can lead to the government cutting off deferred action is part of responsibly seeking protection under this program.]]>On Behalf of The Law Offices of John R. Alcorn, APChttps://www.jr-alcorn.com/?p=484592024-01-09T19:52:25Z2024-01-09T19:52:25ZEligibility requirements
Cancellation of removal requires applicants to meet strict eligibility requirements. Those with permanent lawful resident status must prove their physical presence in the U.S. for the last 7 years, while undocumented immigrants requesting cancellation of removal must show 10 years of physical presence in the country.
In addition, applicants must prove good moral character, a clean criminal history and evidence that removal would create a significant hardship to a U.S. citizen or lawful permanent resident, such as a spouse, parent or child.
The application
When you receive a notice of removal proceedings, you must submit an application for cancellation of removal. Include your supporting documentation with the application to prove that you meet the criteria for eligibility.
A judge reviews the application and the information provided and you might need to attend a hearing. Afterward, you receive the judge’s determination. If awarded a cancellation of removal, you can stay in the country and work toward citizenship.
Cancellation of removal provides relief to some immigrants facing deportation from the United States, but approval is not a guarantee. Expedited removals accounted for 41% of U.S. deportations in 2020. Understanding the foundation of the cancellation of removal process can help you fight for the right to remain in the country.]]>On Behalf of The Law Offices of John R. Alcorn, APChttps://www.jr-alcorn.com/?p=484562023-12-13T20:58:39Z2023-12-13T20:58:39ZIncomplete or inaccurate documentation
One of the most common pitfalls is submitting incomplete or inaccurate documentation. Failing to provide all required forms or information can lead to delays or denials of your application. Thoroughly review the requirements and ensure that every document is accurate and up-to-date.
Missed deadlines
Missing deadlines for filing applications or responding to requests can jeopardize your case. Stay organized and keep track of all deadlines to avoid unnecessary complications.
Changes in circumstances
Life is dynamic, and unforeseen circumstances can arise. Changes in employment, marital status or other factors may require additional documentation. Regularly reassess your situation and be proactive in updating your immigration status accordingly.
Public charge concerns
Adjudicators may evaluate whether an individual is likely to become a public charge. This refers to someone who is dependent on public assistance. If there is concern that an applicant may rely on government assistance, it could impact the approval of their application. You must demonstrate financial stability and self-sufficiency to address this risk.
Immigration policy changes
Immigration policies are subject to change. Amendments in laws or regulations can impact the eligibility criteria and processes. Stay informed about any updates or modifications to immigration policies that may affect your case.
Data shows that over 150,000 noncitizens adjusted their immigration status within the United States in 2022. This shows that, while the process does have its challenges, it is entirely attainable thanks to the resources at your disposal.]]>On Behalf of The Law Offices of John R. Alcorn, APChttps://www.jr-alcorn.com/?p=484542023-11-10T16:52:05Z2023-11-10T16:52:05ZInvestment requirement
The EB-5 program offers two different investment amounts, according to U.S. Citizenship and Immigration Services. If you are investing in a new commercial enterprise located in a high-employment area, you will need to invest at least $1.8 million. However, in a targeted employment area, the minimum investment is only $900,000. TEAs are rural areas or regions with high unemployment rates.
Many EB-5 investors choose to invest in projects affiliated with USCIS-designated Regional Centers. These centers facilitate investment opportunities and offer a more passive role for investors. In addition, USCIS requires evidence to ensure that your investment capital has been lawfully obtained.
Conditional permanent residency
Upon approval of your EB-5 visa, you will receive conditional permanent residency, which is valid for two years. To remove the conditions and obtain full permanent residency, you need to meet the job creation and investment requirements.
Job creation requirement
The primary goal of the EB-5 program is to stimulate economic growth by creating jobs. As an investor, you need to demonstrate the creation of at least 10 full-time jobs for eligible U.S. workers within two years of your admission to the U.S. or the approval of your conditional permanent residency.
Family eligibility
The EB-5 visa allows you to include your spouse and unmarried children under the age of 21 as derivative beneficiaries on your petition. They can also receive conditional permanent residency.
With the right approach and a little patience, the EB-5 visa can open doors to new opportunities and a brighter future in the United States.]]>On Behalf of The Law Offices of John R. Alcorn, APChttps://www.jr-alcorn.com/?p=484522023-10-01T17:32:18Z2023-10-01T17:32:18Z1. H-1B visa for specialty occupations
The H-1B visa is for professionals with specialized knowledge in fields like IT, engineering, mathematics and more. To qualify, you need a job offer from a U.S. employer and must meet specific educational or work experience criteria.
2. L-1 visa for intra-company transferees
If you already work for a company that has an office in the U.S., you might be eligible for an L-1 visa. This visa lets managers, executives and specialized knowledge employees transfer to the company's U.S. office.
3. O-1 visa for extraordinary ability or achievement
For individuals who have significant achievements or skills in areas like sciences, education, business or sports, the O-1A visa can be an option. This visa requires you to demonstrate your exceptional abilities through awards, media coverage or other recognized achievements.
There is also an O-1B visa, for individuals who have shown extraordinary ability in the arts, television or motion picture industry. As with the O-1A visa, these individuals must have proof of their achievements through media recognition or awards.
4. E-1 and E-2 visas for traders and investors
If you participate in significant trade between your home country and the U.S. or plan to invest a substantial amount in a U.S. business, you might consider the E-1 or E-2 visas. These visas are specific to countries that have a treaty of commerce with the U.S.
5. J-1 visa for exchange visitors
For those looking to gain work experience or training in the U.S. as part of an exchange program, the J-1 visa is a good fit. This visa is for teachers, interns, trainees and even au pairs who want a cultural and work experience in the country.
6. H-2A and H-2B visas for temporary or seasonal workers
If you are seeking temporary work in the U.S., like in agriculture (H-2A) or other seasonal jobs (H-2B), these visas might be suitable for you. They require an offer from a U.S. employer and have limits on their duration.
The U.S. offers a variety of work visa options to accommodate the diverse needs of aspiring workers from around the globe. Remember, always ensure you meet the visa requirements and provide accurate information during the application process. With careful planning, your dream of working in the United States can become a reality.]]>On Behalf of The Law Offices of John R. Alcorn, APChttps://www.jr-alcorn.com/?p=484502023-09-12T01:07:24Z2023-09-12T01:07:24ZExplore optional practical training
One of the most common avenues for international students to work in the United States after graduation is through Optional Practical Training. This program allows F-1 visa holders to engage in temporary employment related to their field of study for up to 12 months after completing their academic program. An extension is available for students in certain science and engineering fields, allowing for 36 months of work authorization.
To apply for OPT, students must work with their designated school official to submit the necessary paperwork to the U.S. Citizenship and Immigration Services. OPT provides valuable real-world experience. Graduates who participate in OPT are often more competitive in the job market.
Look into H-1B visas
The H-1B visa is another option for some international graduates looking to work in the United States. Professionals in specialty occupations often use H-1B visas for work authorization. For many graduates, it provides a pathway to secure long-term employment in the country. To qualify, candidates typically need a job offer from an American employer willing to sponsor their visa.
While the H-1B visa is a popular option, obtaining one can be competitive due to annual caps on the number of visas issued. Therefore, it is advisable for international students searching for jobs early, network with potential employers and consult campus career services to maximize their chances of securing an H-1B visa.
Consider other options
Apart from OPT and the H-1B visa, international students can explore alternative visa options, such as the J-1 Exchange Visitor Program or O-1 visa for individuals with extraordinary abilities. Some students may qualify for the EB-5 Immigrant Investor Program if they have significant capital to invest in a business based in the United States.
Although you face many uncertainties as an international student, there are programs that can help you stay in the United States and find work.]]>On Behalf of The Law Offices of John R. Alcorn, APChttps://www.jr-alcorn.com/?p=484442023-07-27T20:37:11Z2023-07-27T20:37:11Zsubstantially and procedurally invalid."
Originally, the asylum application restriction was part of a set of rules called Title 42. It requires asylum seekers to prove one of two things before they can schedule an appointment: 1) they are at a legal port of entry into the U.S., or 2) they applied for asylum in another country on the way to the U.S. but were denied.
Covid restrictions end, except for this rule
The federal government began its Title 42 policy during the Covid-19 pandemic to limit the disease from crossing the border. But it continued after other Covid restrictions ended and only ended in May. However, immigration authorities kept enforcing the asylum restrictions. The government said it was necessary to control migration to this country and ending it would put too much of a burden on immigration enforcement. But migration to the U.S. has dropped since the end of Title 42. And the older policy for asylum appointments was in place for decades.
On the way to the Supreme Court?
After hearing a challenge to the asylum ineligibility rule, Judge Jon Tigar ruled "the Rule... cannot remain in place" and called it "invalid." However, he also issued a 14-day stay on his decision. The government will probably appeal his ruling in that time. Observers believe this case will reach the U.S. Supreme Court eventually.
Getting asylum for a family member can be a challenge. Working with an immigration attorney can make the process shorter and improve the chances of success.]]>On Behalf of The Law Offices of John R. Alcorn, APChttps://www.jr-alcorn.com/?p=484412023-08-10T15:26:53Z2023-07-14T04:12:08ZWhat do the proposed changes entail?
Immigration experts are worried that the upcoming changes may make entry harder for those who don't speak English. These alterations come in the wake of President Trump changing the test in 2020. At the time, the test received changes that made it a great deal longer and harder to pass.
When Joe Biden became President, he ordered the test restored to its previous form. Doing so took some of the pressure off immigrants with a lesser command of English. However, U.S. authorities are now claiming that the test is past due for a full overhaul. The changes currently in consideration would take effect in December 2023.
Immigrants will be expected to have a better command of the language than they have in previous years. This cancels out the ability of many people to learn English as they live in the country after immigrating. The result is a barrier erected against millions of potential asylum seekers.
Will the changes have a positive effect?
The Biden administration has recently attempted to put asylum screenings and other immigrant issues on the fast track. However, in the wake of former President Trump's active discouraging of immigration, many feel this is too little, too late. To many experts, the impending changes to the citizenship test seem predicated on some of the negative assumptions that were made by the previous President.
For this reason, people seeking asylum in the U.S. are being urged to pay attention to these changes. Understanding what they entail may make the difference between being accepted or rejected. At the moment, the changes are still being mulled over. Once ratified, they are bound to have an effect on the flow of immigration to this country.]]>On Behalf of The Law Offices of John R. Alcorn, APChttps://www.jr-alcorn.com/?p=484382023-06-15T03:40:57Z2023-06-15T03:40:57ZSignature policy
Republican presidential hopeful DeSantis has been a fierce critic of President Joe Biden’s immigration policy, and he has made transporting asylum seekers to sanctuary cities and Democrat controlled areas one of his signature political policies. The DeSantis administration has not responded to questions about two private jet flights that transported asylum seekers from border areas to California in early June, but documents the immigrants carried with them were issued by the state of Florida. The documents also suggest the California charters were handled by the same company that operated the flight to Martha’s Vineyard.
Lured onto flights
According to state officials, the three dozen or so mostly Venezuelan or Cuban immigrants never set foot in Florida. Instead, officials claim that they were approached in El Paso and “lured” onto flights that would take them to California where they were told jobs would be waiting for them. DeSantis took steps to protect his administration from possible lawsuits and criminal investigations in 2022 when he backed a bill that authorizes Florida to transport undocumented immigrants from any part of the country.
Congress created the problem
Undocumented immigrants are being lured onto flights and state governors are becoming embroiled in feuds because lawmakers in the nation’s capital have failed to pass a comprehensive immigration reform bill. Until such a law is passed, the situation at the southern border will remain a pressing issue and the millions of undocumented immigrants currently living and working in the United States will be denied a path to residency or citizenship.]]>