The Law Offices of Eliana Phelps in Murrieta California 92562

How can I return to the United States if I am deported? 2021

Sun, 29 Mar 2020 11:23:00 GMT

There are many cases of foreigners (aliens) who have been deported from the United States and have wanted to return to the country, but is this possible? It is certainly a difficult process for a deportee to regain a visa or a green card to return to the country. However, it is not impossible. Here we are going to explain to you step by step,... Read More

HOW TO BRING YOUR DOG TO THE US

Sat, 15 Dec 2018 11:34:00 GMT

From Afghan Hounds through to French Poodles, our parks are full of doting dogs with roots in far away places. Have you ever wondered how do dogs from other countries come to be here?

As far as I am aware, no immigration attorneys take on four legged clients, so this is something you will need to focus on and put in the work for by yourself. I am writing this blog purely to give advice as we are often told about how much people long to be reunited with beloved furry family members.

Of course, we humans require a visa to enter the US, but the same system does not yet apply to our pets. The Immigration and Nationality Act (INA) which controls human movement across international borders does not contain a clause for pets, animals fall under the remit of the Center for Disease Control (CDC) and their rules are enforced by Customs and Border Protection (CBP). You will not require a PETition (sorry!) to bring your (hopefully) four legged companion to the US, however, you better prepare yourself for a mountain of forms to fill out and airline regulations to check. Airlines usually require very recent health certificates and may have a limit on the number of hours an animal can fly depending on the size and weight of your dog.

Forward planning is your key to success. To give you an idea of what you’ll be up against, here are the CDC rules for dogs entering the US.

Depending on where the dog is traveling from, different vaccinations and veterinary certificates will be required. If for example screwworm or rabies exist in the dog’s country of residence, very recent (perhaps as recent as 5 days) evidence of a clean bill of health will be required. In the case of rabies, dogs must be vaccinated at least 30 days before entering the US (puppies aged under 3 months can’t yet be vaccinated).

A valid rabies vaccination certificate

Dogs without a rabies vaccination certificate, including those that are too young to be vaccinated, may still gain entry, but only after a period of confinement. Your dog will be vaccinated and you will need to wait 30 days for the all clear.

In cases where the vaccination was performed less than 30 days before the dog’s arrival, they may still be admitted but must be confined at a place of the owner’s choosing until at least thirty days have passed since the vaccination date. This also applies to puppies waiting to reach the 3 month mark.

Dogs may be denied entry if they look sick at the point of entry. In these circumstances, a health check by a veterinarian will be required.

So, I hope you find this information helpful. That is all I know on the subject, so I wish you the best of luck in being reunited with your faithful friend!
If you need any help on matters regarding human immigration we are always happy to arrange a consultation .

5 Things You Should Know About DACA Ending

Fri, 08 Sep 2017 20:00:00 GMT

As we all know last 5 of September of the present year, John Sessions in representation of President Trump´s entire administration declared the ending of DACA program.

Law Office of Eliana Phelps gives you 5 important facts you should know about DACA ending:

What Should You Know About EB-5 Visa?

Mon, 21 Aug 2017 13:36:00 GMT

Investment Visa EB-5

This program was created by Congress in 1990 to stimulate United States economy creating new job opportunities by foreign capital investment. It was enacted as a pilot in 1992 and has been reauthorized since then. Investors may qualify to EB-5 by investing in programs designed by USCIS centralized in creating job opportunities.

If you want to know USCIS policy on EB-5 adjudications read the following link Volume 6, Part G of the USCIS Policy Manual.

Investors that want to apply to EB-5, must invest in a new commercial enterprise, which is determined as:

Commercial enterprise; Under USCIS is defined as any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

Requirements for Job Creation

EB-5 visa demands a certain amount of investment for a new commercial enterprise that creatre will full time jobs for 10 qualified employees.

– If the commercial enterprise is not located in a regional center, itself must be the employer of the qualified jobs.

– If the commercial enterprise is located in a regional center, the qualified jobs can be directly or indirectly hired by the company.

Indirect jobs are those that are done outside the company, but were created as a result of the investment.

Direct jobs are those where the employee and employer have a direct relationship between each other.

Requirements of Capital

The immigrant investor can apply capital with cash, properties, cash equivalents or indebtedness secured by possessions owned by the investor.

Investments minimum requirement are:

– Minimum requirement investment in United States is $1 million

– In rural areas or high-unemployment areas, the minimum investment is $500,000

USCIS Announces Grants Opportunities

Fri, 28 Jul 2017 14:40:00 GMT

The USCIS government entity is providing grants to permanent residents

The Citizenship and Immigration Service began accepting applications for competitive funding opportunities under the Citizenship and Assimilation program. These opportunities are intended to assist in preparing permanent residents to achieve naturalization by attending to training classes to improve their english proficiency, United States history knowledge, and civic education so their development in society is correct. USCIS will provide up to $ 10 million in grant funding through these two programs to prepare these citizens located in different communities across the country.

It is important to note that the deadline for this subsidy process is until August 6 ^th.

Through these two opportunities, USCIS plans to expand the availability of program services for citizen preparation:

Citizenship education and naturalization application assistance services: will provide the opportunity to a maximum of 36 organizations offering citizenship education services and assistance in the naturalization process to permanent residents who are legal.

Education in citizenship only: this opportunity is focused on helping non-profit entities, building new programs in citizen education and / or expanding the reach of citizenship courses. This opportunity seeks to help a maximum of 10 non-profit organizations. With this process, USCIS wants citizen education programs to expand, especially in those community organizations that have not previously received any kind of subsidy from the government.

USCIS stated that it has declared more than 60 million since 2009 with more than 300 grants to organizations and entities that have declared the provision of services in preparation for citizenship.

To request this funding opportunity click here

Social Media Checking?

Wed, 19 Jul 2017 15:44:00 GMT

Is it correct to check social media accounts of immigrants who wants to enter to United States?

Much controversy has been generated since immigrants who have entered to United States have been asked to let officers review their social media .

Since May 25 of this year, this measure has been taken strictly as a security mechanism against migratory movements and tourism that circulates in the country. Initially, it was taken as a preventive measure against individuals with criminal records that could represent a threat.

Due to these new procedures, any consular officer is in a position to request access to check their activity on social media , number of their previous passports, biographical information, such as emails and contact numbers including addresses, jobs performed and their travel history.

But these policies that empower border officials were even used under Obama’s mandate. And while there is no truthful information to show that Trump’s mandate is being carried out with greater force, different activists are manifesting that these measures are being very frequent.

Therefore our position in this situation is:

No foreigner has the constitutional right at the border of a country other than his nationality, to invoke protection against the invasion of his privacy and the right to have an order to confiscate or read his files on social media . The security of the nation in these times makes necessary that these methods that were not used before are used and is constitutional; is not discriminatory and is not a violation of the rights of third parties seeking admission to the United States.

Can I apply for Asylum?

Sun, 16 Jul 2017 18:48:00 GMT

People all over the world arrive at the United Port of Entries across the United States Border seeking for asylum. Asylum seekers present themselves to the United State Custom Border Patrol (CBP) without any document issued by the Department of State Consular Division and request to be admitted based on “credible fear of persecution and unwillingness to return to their country of nationality”.

Asylum seekers are arriving aliens and by law they can be legally detained until the application is adjudicated, and it is discretionary of the CBP and/or ICE to release them upon the posting of a bond pending the filing of the NTA with the immigration court.

Any person from any country that fears persecution because of race, nationality, membership in a particular social group, gender, religious belief or gender at the hands of the government or a person acting under the color of the law or who can prove that the government is unable or unwilling to protect him/her/ them can apply for asylum at the US border upon arrival and when seeking admission without proper documentation or if already in the United States with the asylum office and has one year from the date of entry to file the application for asylum.

USCIS to Naturalize 15,000 New Citizens

Tue, 04 Jul 2017 20:56:00 GMT

Citizenship candidates take the Oath at public parks and historic landmarks nationwide.

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) will celebrate the 241st anniversary of the Declaration of Independence, and our nation’s birthday, by welcoming nearly 15,000 new U.S. citizens during more than 65 Independence Day-themed naturalization ceremonies across the country this year.

“July Fourth marks the birth of our country, and for 15,000 people, it marks the birth of a new chapter as American citizens,” USCIS Acting Director James McCament said. “These new members of our community will add to the diverse fabric of our nation and will now be able to enjoy the rights, privileges, and responsibilities of U.S. citizenship.”

USCIS’ Independence Day activities this year will feature a naturalization ceremony at the National World War II Museum in New Orleans, Louisiana, on July 3. During this event, McCament will administer the Oath of Allegiance and deliver congratulatory remarks to 49 new Americans. Follow us on Facebook to view a live stream of this ceremony.

Other ceremonies include events at:

To view a complete list of 2017 Independence Day-themed naturalization ceremonies, please visit uscis.gov/news .

We invite new citizens and their families and friends to share their experiences and photos from the ceremonies on social media using the hashtags #newUScitizen and #July4th.

USCIS is committed to promoting awareness and understanding of citizenship. We offer a variety of free citizenship preparation resources for applicants and teachers, including materials like the Establishing Independence (PDF, 2.41 MB) lesson plan, in our Citizenship Resource Center . Immigrant-serving organizations can register to receive a free Civics and Citizenship Toolkit to help permanent residents prepare for naturalization.

The importance of the Declaration of Independence and Independence Day in the United States is reflected in several places on the naturalization test. Prospective citizens may see them in six different questions on the civics test, including, “What did the Declaration of Independence do?” and “When do we celebrate Independence Day?”

Source: www.uscis.gov/news/

USCIS Introduces Redesigned Form for Green Card Applicants

Mon, 26 Jun 2017 20:04:00 GMT

WASHINGTON – U.S. Citizenship and Immigration Services today published a revised Application to Register Permanent Residence or Adjust Status (Form I-485). The new Form I-485 and instructions have been substantially updated to reduce complexity after collecting comments from the public and stakeholders.

The revised version gives applicants better information to accurately complete Form I-485, including clear navigation to the parts of the form and isntructions that are relevant to the applicants’ specific situations. These updates should increase the efficiency of the adjudication process by reducing errors and requests for evidence.

Applicants living in the United States file Form I-485 to adjust their immigration status and become lawful permanent residents, which allows one to live and work permanently in the United States. Adjusting status is a critical step for those seeking U.S. citizenship.

USCIS also revised the Form I-485 Supplement A and Form I-485 Supplement J (as well as each supplement’s instructions), to provide applicants with more detailed information about how to properly complete, file, and submit evidence if those supplements are applicable to their situation.

Beginning today, there will be a 60-day grace period during which USCIS will accept both the 01/17/17 and 06/26/17 editions of Form I-485 and Supplement A and J. Beginning Aug. 25, USCIS will only accept the revised Form and Supplement A and J of Form I-485 and will no longer accept earlier versions of either form.

What’s New? USCIS improved Form I-485 to include:

What Remains the Same

While both Form I-485 and its instructions may look different from earlier versions, the process for filing Form I-485 and Form I-485 Supplement A and Form I-485 Supplement J remains the same. Applicants must still submit their paper applications to the location listed in the form instructions.

Further information

Visit the Form I-485, Application to Register Permanent Residence or Adjust Status page and the Form I-485 Supplement A page for further information about the new forms and instructions.

Applicants can visit the USCIS Green Card Eligibility Categories page for information on eligibility requirements for each immigrant category.

All USCIS forms are free on our website at www.uscis.gov/forms .

Source: www.uscis.gov/news/news-releases/

Measures to Combat H-1B Visa Fraud

Fri, 16 Jun 2017 16:47:00 GMT

U.S. Citizenship and Immigration Services (USCIS) has announced certain measures against H-1B visa fraud. Startling warnings have been issued to companies that look to bring in foreign workers through the H-1B visa program, one of the most prominent guestworker programs. Such U.S. companies have been directed to first look for American workers to fill those vacant positions before they hire people from foreign countries.

The H-1B work visa program should be used by U.S. employers to hire skilled workers from foreign countries when they are unable to find suitable workers in the U.S. to fill the vacant positions. But U.S. companies are found to abuse the program. Though there are qualified Americans who are willing to work in these fields and are available to fill vacant positions, employers bring workers from abroad. This negatively affects Americans by decreasing job opportunities and wages.

Priority for the USCIS is now to protect American workers and combat H1B visa fraud. USCIS will now visit job sites that hire foreign workers more often. Likewise, investigations of employers who use the H-1B visa program will increase. The government believes that these new measures will help prosecute those who violate the program and make sure American workers are considered before workers from foreign countries are hired.

According to the USCIS, one cannot get an H-1B visa by being a simple computer programmer or an entry level computer programmer. This position will no longer be considered as a speciality occupation. Companies in the U.S. applying for H-1B visas for foreign computer programmers must submit additional evidence proving that the vacant positions are complex and that they require people who hold professional degrees.

USCIS has also made it easy for people to report fraud or abuse of this work visa program and has launched an email helpline. Anyone who suspects H-1B visa fraud or abuse, can contact the USCIS at ReportH1BAbuse@uscis.dhs.gov with the name and address of the employer, describing suspected fraud or abuse of the program that would help the USCIS to investigate. The new H-1B visa guidelines that the USCIS has published now will apply to the H-1B visa application season that began on April 3, 2017 for fiscal year 2018.

Source: www.uscis.gov/news/news-releases