21 August

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What is Public Charge?

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What is 'Public Charge' and Who Does it Apply to? 'Public Charge' refers to an individual who is or will become dependent on the government for sustenance. If an individual is found to be a public charge, their Adjustment of Status (I-485) application for a Green Card will be denied unless they are refugees, asylees, individuals possessing U or T visas, or are of another exempt status. The recent changes to definitions and standards in determining publıc charge does not change those exempted by congress but merely narrows down what immigration officers should consider and what the procedure should be for...

14 August

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Caglar Law Firm AUGUST 2019 – Green Card and Fee Waiver Information

Posted by Metin Caglar

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IMMIGRATION INFORMATION I have been outside of the U.S. for more than 6 months is my Green Card still valid? It is not recommended that you travel outside the U.S. for over 6 months unless you first obtain a re-entry permit. If you return to the country within a year, you will be heavily questioned by an immigration officer and will have to prove that you have maintained ties to the U.S. and that you only intended to travel temporarily. However, if you have spent more than a year out of the U.S. you may be deemed to have abandoned your permanent...

14 August

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Expansion of Expedited Removal

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Expansion of Expedited Removal New rule to expand expedited removal effective July 23, 2019. With this change, expedited removal affects more people than before. The previous guidelines of the DHS limited the initiation of expedited removal to 100 miles of the border and based on whether the person had been present in the U.S. for less than 14 days. Now with this new rule, anyone in the U.S. who entered the country illegally and who cannot prove that they have been living in the U.S. for at least 2 years can be subjected to expedited removal proceedings. If you or someone you...

14 August

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New Rule for EB-5 Classification

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New Rule for EB-5 Classification According to a recent rule published by Department of Homeland Security, there will be several updates to the EB-5 Employment based Immigrant Investor classification in order to modernize the program. The final rule is going to be effective as of November 21, 2019. The main changes are to the minimum investment amounts for both Targeted Employment Area (TEA) and non-Targeted Employment Area (non-TEA) minimum initial investment amounts: - For TEAs, there will be a change from $500,000 to $900,000. - For non-TEA, there will be a change from $1,000,000 to $1,800,000. This update on the minimum investment...

07 August

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New Changes to EB-5

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18 July

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Immigration News for July 2019

Posted by Metin Caglar

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Immigration News for July 2019 F2A Category Visa Now Current Green Card holders who wish to petition for their spouse normally must first submit form I-130 and wait for their visa number to be current before applying for Form I-485, Adjustment of Status. However, according to the Visa Bulletin, the F2A category has become current. Green Card holders may apply without waiting if their spouse and themselves are in the US. ItAlthough I-130 and I-485 may be filed concurrently, it is important to note that the spouse must have a legal status in the United States. For further information and guidance, contact Caglar...

18 July

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LEAVING THE U.S. WITH A TRAVEL DOCUMENT

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LEAVING THE U.S. WITH A TRAVEL DOCUMENT Permanent residents (Green Card), refugees, asylees, and other aliens can benefit from Form I-131, Application for Travel Document. There are three types of travel documents that can be applied for: Reentry Permit Refugee Travel Document Advanced Parole (2 kinds) GREEN CARD HOLDERS Lawful Permanent Residents can apply for Reentry Permits which you apply for and receive in the U.S. but can also have the permit sent to a U.S. Embassy or Consulate abroad. If you leave the country after having obtained a Reentry Permit, you will not be abandoning your status as long as the Reentry...

16 July

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E-2 Employee Status

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E-2 Employee Status An E-2 status holder can petition to bring an employee from their treaty country to develop the business enterprise in the United States. The requirements for an E-2 Employee Status are: - The employer must be a nationality of the treaty country and own at least 50% of the U.S. business. - Both employer and employee must possess the same nationality. - The employer must maintain E status in the U.S. unless residing outside of the U.S. After making sure these requirements are met, you should consider what type of employee you...

09 July

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Statu Disinda Kalindiginda Ne Yapilmalidir?

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Statu Disinda Kalmak Eger size verilen vize surenizi astiysaniz, buyuk ihtimalle Amerika’da “yasadisi mevcudiyet” gunleri biriktiriyor olabilirsiniz. Eger turist vizenizin sona erme tarihinden fazla kaldiysaniz veya ogrenci vizesi alarak okudugunuz okulun derslerini bitirdikten sonra kalmaya devam ettiyseniz, su anda statu disinda olabilirsiniz. Eger Amerika Birlesik Devletleri icersinde 180 gun ile 365 gun yasadisi mevcut bulunduysaniz, Amerikadan cikisinizdan sonraki 3 yil geri gelmekten men edilebilirsiniz. Eger Amerikada bir seneden fazla yasadisi kaldiysaniz, 10 yil men edilebilirsiniz. Fakat, yasadisi mevcudiyet biriktirmeye dair bazi istisnai durumlar bulunmaktadir: Resit olmayanlar: 18 yas altinda olanlar yasadisi mevcudiyette sayilmazlar. Siginmacilar: Siginma basvurusunda bulunanlar, bu surec icersinde yasadisi calismadiklari surece, statu...

25 June

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ICE DEPORTATION OPERATIONS

Posted by Metin Caglar

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ICE OPERATIONS TO TAKE PLACE AROUND THE COUNTRY According to CNN, the president has recently made statements urging ICE operations to arrest and deport undocumented immigrants in the United States. The arrests and deportations are said to take place beginning with 10 major cities across the United States. According to news on U.S. Immigration and Customs Enforcement (ICE) official website, ICE arrested 52 illegal immigrants in South and Central Texas during a 4-day enforcement surge. In such times, it is incredibly important to know what your rights are when confronted by an ICE officer. We have prepared the guide below on how to be...

Author: Metin Caglar