Form I-140 aids immigrants in their efforts of becoming permanent residents via a sponsoring U.S. employer. Here are FAQs on Form I-140.

What is Form I-140?

Form I-140 is а form of the United States Citizenship аnd Immigrаtion Serviсes immigrаtion with its main focus on employment. An employer submits this form to USCIS to allow a non-citizen work in the U.S as a permanent resident.

There аre people аbroаd who want to work for businesses in the United Stаtes. To do this, Form I-140 (Immigrant Petition for Alien Workers) is vital. It enаbles а worker to quаlify for аn immigrаnt visа, on the basis of employment.

The process:
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With rare exception, an employer cannot file an I-140 without a certification from the Department of Labor that there are no qualified or willing U.S. workers for the position. The labor certification (known as “PERM” and filed on Form ETA-9089) is a separate prerequisite, and involves a test of the labor market and highly technical requirements to ensure US workers are given priority for a particular job.

Form I-140 may be filed once the labor certification has been approved (This process takes a year or more). Essentially, it is the employer saying to the government, “We tried to hire a US worker, and didn’t find one. Here’s the certification saying we tried. Now we’d like to sponsor a foreign worker.”

Naturally, after filing Form I-140, you will need to wait. Luсkily, there аre several ways that you саn сheсk the stаtus of your petition. Moreover, to follow your саse, you аre exрeсted to hаve а reсeiрt number.

Upon filing Form I-140, you will reсeive а thirteen-digit саse number from USСIS, whiсh is your reсeiрt number. This number is on your Form I-797 (notice of action that USCIS issues to foreign nationals). Moreover, you can track the status of your I-140 status online, through your phone or Email.

Who files Form I-140?

Аs а rule, your U.S. emрloyer will file the рetition for you. This is neсessаry for саndidаtes of EB-1B lecturers, EB-1С directors or managers, EB-2 non-NIW (Nаtionаl Interest Wаiver), аnd all EB-3 сlаssifiсаtions. The emрloyer is the рetitioner, and the рotentiаl emрloyee is known аs the benefiсiаry.

Be that as it may, in the event thаt you аre аn аррliсаnt of EB-1 in аn unсommon capacity (an “alien of extraordinary ability” – commonly called the “genius visa”) or able to show that your work is in the national interest (EB-2 NIW,) you, the foreign national, саn file yourself.

Do I have to file Form I-140 with every employer I work with?

If you change your employer after confirming your Form I-140 during the process of acquiring your green card, you have to file another I-140 (based on your new position). After leaving the job, you must file Form I-485 as a suррlement to prove that the new position meets requirements.
People who apply for green саrds and change their jobs or emрloyers during the process can keeр on using their former Form I-140 only if:

1. Their аррlication for change of stаtus (Form I-485) hаs been pending for 180 days,
2. The original I-140 has been approved,
3. The new рosition is the same or substantially similar to the job on the original I-140.

Can I change my employer during the process of applying for a green card?

There are two possible scenarios that could play out in this situation. Firstly, you may only be changing your situation with your present employer (your position for instance). Secondly, you may be changing your job entirely.

1. If only your position changes under your employer, you hаve the oрtion to file Form I-140 as a revision to ensure thаt USСIS hаs your updated records.
2. If you change jobs completely while processing your green card, you should hаve your new employer file another I-140. Furthermore, the employer will have to obtain аnother Permanent Lаbor Сertifiсаtion for you (if your green саrd requires one).

What if my Form I-140 is withdrawn? Can my current employer file PERM?

If at any point you сhаnge your employer or job, your РERM labor certification саn no longer саrry out its purpose of protecting you as a U.S. worker. Also, if you decide to change your job аfter filing an I-140, you must get another PERM.

File Your Form I-140.
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However, simply telling you a few things about form I-140 isn’t enough to help you attain the prosperity you long for. Taking action is the next step, and we’re here to do it with you.

The HMA Law Firm is about finding ways to help our clients live comfortable, prosperous lives in the United States. Rather than basing all your thoughts on write-ups and headlines, the best thing to do is to hear the words straight out the mouths of our attorneys.

Employment-based immigration is a cumulative process. A mistake on Step 1 may not reveal itself until Step 3, and then it may be too late to correct the problem. Some cases are straightforward, others only appear to be. With our decades of combined experience, we’ve likely seen your issue before.
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Give us a call. Our attorneys will give your case the attention it deserves from start to finish!

Although there is a technical difference between RFIE and RFE, failure to respond to either will be fatal to your immigration plans.

THE DIFFERENCE BETWEEN RFIE AND RFE

When you receive an RFIE or RFE from USCIS, it may not be your fault. You may have complied with the form instructions, but it’s still very possible – indeed likely – to receive them.

WHAT IS AN RFE AND AN RFIE?

USCIS lists documents on the form instructions for aspiring citizens to submit. When you do not submit these documents properly, or at all, then your troubles will be tied to initial evidence. Documents that were not originally listed in the instruction form may also be requested. When they request for this, then you’re dealing with additional evidence.

Hence, RFIE means a request for initial evidence while RFE refers to a request for additional evidence. Although RFIE and RFE have a technical difference, they’re otherwise the same.

The full list of documents that could be requested as initial evidence(RFIE) can be found on the form instructions. But USCIS is not limited to those documents: they can ask for anything. Hence, the more general RFE.

In the case where a required document is missing or not properly submitted, USCIS sends a notification mail requesting initial evidence. The applicant is expected to check the mail and follow the instructions to submit the evidence requested to USICS.

Differences Between RFE and RFIE

The only perspective that a difference exists between RFIE and RFE is on the technical level. An RFIE is generally easier to resolve than an RFE, unless the missing document is difficult to procure or USCIS has an objection to the one you submitted. An RFIE resets the timeline of any ancillary benefit to your application, while an RFE pauses it.

The RFE/RFIE notice is usually sent within two to three weeks. The coronavirus pandemic of 2020, however, made such timeframes wildly unpredictable. When an RFE or RFIE is issued, the application process is put on hold until the applicant responds appropriately. After an aspiring citizen submits their RFE or RFIE response, it'll take USCIS about two months to respond.

FAILURE TO RESPOND TO RFE/RFIE

Resolving an RFE or RFIE is vital to your application. So file a timely response, and generally as early as possible. Failure to respond will lead USCIS to conclude that you have abandoned your application.
USCIS will then make a decision on your case, in the absence of the information requested for. That means a denial. If left without lawful status in the United States, USCIS has the power to commence removal (deportation) proceedings.

Respond To Your RFE

Do not ignore an RFE. Check your case status online frequently to ensure that an RFE has not been mailed out. It is generally no defense that you did not receive an RFIE or RFE. Even if you escape removal proceedings, you will be forced to refile the entire application, and pay a new filing fee.
Again, we stress: do not ignore an RFE.

The possibility of receiving an RFE instills anxiety into aspiring Americans. Rightfully so, because, it can be quite an ordeal of concern and distress.

Note: It’s still very possible for you to receive an RFE until your interview is conducted, or your case becomes ‘approved’. Be on guard!

CHECKING RFE ONLINE:

If you do not get a response after submitting the requested documents, contact the service center via email.

There are several ways that an applicant can check his or her USCIS case status:

• Checking with your phone via dialing 1 (800) 375-5283
• Using the Electronic Immigration System
• Accessing the e-Request portal.
• With the online procedure, you can check your case status online. You do this by entering your 13-digit case receipt number in a box that appears. You should carefully enter the numbers correctly as they appear on the receipt notice.
• If you submit an inquiry, get the USCIS officer’s name, badge number, and a reference number for the call. Write it down in your file and do not lose it.

RFE AND DELAY:

After applying for adjustment of status, you can generally also apply for an Employment Authorization Document (often called a “work permit), and Advance Parole (often called a “travel document”). Applying for these will enable you to work in the U.S. while you wait to receive your green card.
Note that even if you can apply for advance parole, you should check with your lawyer before leaving the United States. Just because you can travel doesn’t mean you should.

When USCIS sends you an RFIE on I-485 or RFE on I-864, there will be a delay in receiving your EAD. This happens because the RFIE interrupts and resets the EAD clock. Receiving an RFE, in contrast, doesn’t automatically mean that the countdown of your application processing restarts. Rather, the whole process is put on hold until you comply.

Having to wait and anticipate USCIS’s final decision is a tough mental task in itself. An interviewer is tasked with informing applicants when their green card is approved or disapproved. However, USCIS may delay its final decision for several reasons.

RFE’s are a common reason for USCIS delaying in making a final decision on an applicant’s case. In this situation, the applicant is to respond to their RFE appropriately within 30 to 90 days. USCIS will make a final decision after reviewing your response( with documents requested)

STILL STUCK WITH AN RFE/RFIE?
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Whether you receive an RFIE or an RFE, one effect remains the same: If you fail to comply, the process of your  application will be put on hold, and could even be denied.

While USCIS will sometimes notify you of the specific documents to provide, other times, their ambiguous statements could lead you down the wrong path.

Do not presume that the list of documents given in boilerplate RFE’s is the only way to respond. Lawyers with a knowledge of the law behind the RFE’s language can usually conceive of alternative ways of responding, possibly along with a memorandum of law explaining why

a) the RFE was legally inaccurate, or
b) why the submitted response is sufficient under the law.

Did you receive an RFIE or an RFE? You can’t entirely rely on your own knowledge. As harsh as it may seem, tightened immigration procedures makes this a glaring fact.

In this case, you don’t need just any help. You need professional help – The professional help we provide here, at the HMA Law Firm. Whether or not RFEs and RFIEs are deliberate actions to dissuade your designs for citizenship, our attorneys will fight for you, and hold the government’s feet to the fire.
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Whether you have filed your application or not, it’s still not too late to contact us – but you need to move quickly! So, jump on a call with us today!

VAWA is one of the last resorts for abused immigrants. Thanks to VAWA, immigrant victims of domestic violence do not have to suffer in silence.

What is VAWA?

The acronym VAWA stands for Violence Against Women Act. It was originally signed into law by former U.S. President Bill Clinton on September 13, 1994. VAWA sought to enhance criminal justice and responses of people in the community to stalking, sexual, domestic, and dating violence. VAWA was created to protect abuse victims that are non-citizens of the United States. Victims of domestic violence can get a lawful status without their abuser’s petition, thanks to VAWA.

How It Works?

A USC or LPR must file a petition with USCIS before his/her parent, child, or spouse can get a lawful permanent resident status. Such USC or LPR may also accompany the prospective USC or LPR to the Immigration authorities for an interview. Furthermore, if you obtain your LPR status when you have been married for less than two years, a ‘conditional permanent residence’ (generally called ‘conditional green card’) will be issued to you. Before the ‘condition’ is removed and you obtain a full lawful permanent residence, your spouse files a joint petition (I-751) with you.

The narrative is different when domestic violence ensues in relationships. The abuser uses the requirements for the USC or LPR's participation to abuse, gain power, and control the victim. Hence, the latter’s immigration status will be at the mercy of the abuser. However, Some non-citizens who are victims of abuse can obtain legal status on their own without the involvement of the abuser in filing a petition for the victim.
After its passage into law in 1994, the reauthorization of VAWA in 2000, 2005, and 2013 has shown that dating violence, sexual assault, and domestic violence are menaces that the US society will not tolerate.

Note: The abuse does not need to be strictly physical. It could also be emotional abuse.  For instance, someone who undermines you constantly and weakens your self-esteem is emotionally abusive
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How Long Does VAWA Take To Be Approved?

USCIS does not give a timeline for VAWA cases to be approved. USCIS can approve VAWA between six months and 34 months. The delay could be because USCIS is understaffed. A ‘first come, first served’ basis is employed to determine when your VAWA case will be approved, and there is no way to speed it up.
H2: Who Does VAWA Protect?VAWA's 2005 reauthorization included a non-exclusive provision. The reauthorization clarifies that VAWA should not prevent male victims from enjoying the privileges provided by the Act. The baseline remains that violence is violence no matter the gender of the victim. Hence, VAWA applies to every victim of domestic violence, sexual assault, or stalking, the gender notwithstanding. No part of the Act denies you from enjoying the funding, programs, or other services as a male victim.
The persons listed below are eligible to access the privileges of the immigration provisions of VAWA:

• A husband or wife who has been abused by a permanent resident (Green Card holder) spouse or U.S. citizen or spouse. The petitioner’s children, who are under 21 years, will also be covered by the provisions.
• A child who has been abused by a U.S. citizen or permanent resident parent. The child can file a petition or the petition can be filed by the child’s parent on his or her behalf.
• Parents being abused by a U.S. citizen child that is at least 21 years old.

How To Write a VAWA Affidavit?

Before writing an affidavit, you must ensure that every statement you write for a VAWA filing is true. The few tips below will guide you on how to write a successful VAWA declaration:

• Have an outline and stick to it. An outline will guide you on writing essential points and will prevent you from missing cogent ones. Ensure that you add time references for each occurrence you include in your descriptions.
• Give detailed descriptions of abuse. In as much as it may be difficult to recount your experiences, it will do you a world of good to give specific details of the abuse. For example: 'we argued a lot about what time I should get home daily and he called me names’. This is less detailed and generic to most cases of name-calling. ``We argued about how he gave me a token of $15.00 a week from my paycheck. He prevents me from working extra hours, so I can’t augment our monthly take home. He called me a foolish Honduran who is only lucky to be here. On several occasions, he threw a slipper at me which I barely missed". This example implies that your spouse financially harmed you, and attempted to harm you physically.
• Be Sincere

USCIS checks your statements thoroughly and compares them with the supporting documents you put in your file. For this reason, you must not exaggerate incidents. USCIS will examine your statements for contradictions. Being sincere can be a determining factor as to whether your petition will be granted or not – lack of sincerity will be taken as lack of credibility.

File Now! Silence The Violence

If you’re being subjected to domestic violence, do not under any circumstance, keep it under wraps. No one deserves to be treated like that, and you definitely do not need to hide it either.

Do not suffer in silence – You are not alone! They say fool me once, shame on you, fool me twice, shame on me! If you get hit the first and second time, there will most likely be a third time.
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Save yourself the physical and mental trauma. File VAWA now and put an end to domestic violence! We will help you: you are not alone.Contact The HMA Law Firm for guidance, and intervention! You only have one life, and we will fight to protect it!

If you are a green card holder, then you need to know how to protect your green card, if you’re going to travel outside the United States.

Why Should You Protect Your Green Card?

To some aspiring Americans, becoming a lawful permanent resident(LPR) is their ultimate goal. Of course, acquiring a green card is a job well done, but I propose: This should only be your starting point.

You should know that there is a huge gap between a LPR and a citizen. The difference is wide, but simply put, you won't have access to what US citizens enjoy exclusively. Your permanent resident status can be lost for several reasons, one of which is spending too much time abroad.

Imagine finally becoming an LPR after the long tiring process, only to have your status revoked: Not for committing a crime; not for falsifying documents – but for staying abroad for too long. It may be harsh, but it'll happen if you do not take the necessary precautions to protect your green card prior to your travel.

How To Protect Your Green Card?
If you’re going to travel outside the U.S., and you know you’ll be spending 6 months or more out of every 12 months, you should protect your green card with one of the two options: Get a Re-entry Permit or Naturalize

Re-entry Permit

A re-entry permit is a simple travel document that USCIS issues to LPRs to allow them to protect their green card even after spending a long time abroad.

If you intend to stay outside the U.S. for more than 1 year and keep your residency status, then you need a re-entry permit. It serves as evidence that you do not intend to abandon your U.S. residence.

However, we recommend applying for a re-entry permit if you intend to (or if it’s possible) that you will spend more than 6 months outside the US. This is because LPRs who return to the U.S. after a 6 month absence are placed in a different legal category than those returning after less than 6 months. That means you can be asked more questions. Your travel history will be scrutinized, and ties to the United States reviewed. And one question you will be asked is, “Did you apply for a re-entry permit?” You want to be able to say yes, you did. Better to have it and not need it than not have it and need it!
That being said, you do not need a re-entry permit for every travel outside the U.S.:

• If you know you won't be spending up to 6 months outside the United States, you don’t need a re-entry permit.
• A re-entry permit won’t help if you’re spending more than 2 years abroad. What you need for trips longer than 2 years is an SB-1 visa (returning resident visa)

Applying For A Re-entry Permit

Here is everything you need to know about applying for a re-entry permit:

• To apply for a re-entry permit, you’ll need to use Form I-131, Application For Travel Document.

• You must file Form I-131 at least 60 days prior to your travel.
• You must be present in the U.S. when you’re applying for a re-entry permit (No, there are no exceptions to this rule.)
• If you do not have a green card (or a conditional green card), you cannot apply.  Note: If you’ve applied for a green card but have not yet received it, the Form I-131 cannot be used for a re-entry permit. You may, however, use it for advance parole.

• If you are between the ages of 14-79 years, you’ll need to submit your biometrics at a biometrics services appointment. You must do this in the U.S.
• Once your biometrics have been submitted, you are free to travel, even before receiving the re-entry permit
• A re-entry permit is only valid for 2 years. Once it expires, you'll have to file another.
• Do not forget the filing fee and biometric fee! The fees can be submitted together on one check or money order, but be sure the math is correct!

Getting a re-entry permit does not make you completely immune to suspicions of abandoning your U.S. residence. If Customs and Border Protection(CBP) officials believe that you planned to abandon your U.S. residence, further investigation may be carried out. You can easily avoid this.

By keeping your connections (like tax filings, family ties, U.S. employer, etc.) to the U.S., you will be able to avoid further questioning from the CBP officials. When you tender your re-entry permit and other necessary evidence at the entry point, you will undoubtedly be admitted back into the United States.

Naturalize

The best option, in the long run, is to accrue time to naturalize. Once you're eligible, you should consider filing for Form N-400 (Application for Naturalization).

Asides being a full-fledged U.S. citizen, you get a permanent break from travel restrictions. You’ll be able to go wherever you want, whenever you want, for as long as you want.

Travel restrictions aside, you also get to save money by naturalizing. It costs $540 every 10 years to renew a green card. In contrast, you pay your N-400 fee of $725 only once. (These fees will  increase on Oct 2, 2020 – stay tuned to our firm for updates)

You also get the right to vote, sponsor more family members, and usually you can keep your other country’s passport. The United States will only recognize you as a citizen, but will not force you to cancel your other passports. However, some countries (such as Japan, Germany, and India) will revoke your citizenship once you acquire citizenship in the U.S. So be sure to consult with a lawyer in your home country if you want to ensure the ability to retain your home country’s citizenship.

So, if you want to travel without suffering the backlash, you should keep the following in mind:

1. Make sure you get a re-entry permit if you’re spending less than 2 years, but more than 1 year abroad.

1. Ensure you keep your connections with the United States. Do not under any circumstances, file your taxes as a nonresident (Form 1040NR). However, you may, if you qualify, take the Foreign Earned Income Exclusion (FEIE) on IRS Form 2555.
2. If you’re spending more than 2 years, then get an SB-1 Visa
3. Take your time to naturalize.

Prosper Without Restrictions!

You have the right to pursue happiness – happiness in the family, business, friendship, etc. All of it is happiness and prosperity.

But what do you do if your ties are far away? The ideal option is to spend time with them when you have time. But doing this could put you at a loss if you do not take precautions.

Unsure of what precautions to take? Do you know which ones to take, but don’t know how?
Have you hit a wall? Then contact The HMA Law Firm.

Through guidance, communication, and intensive attention, we will help you hang on tight to the life you’ve built in the United States. We are just a call away! So help us help you.
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USCIS generally uses the last action rule to determine when a petitioner’s change of status would take effect. This post explains its workings.

What Is The Last Action Rule?

As the name implies, The Last Action Rule means that the last action by the U.S. Citizenship and Immigration Services will determine an aspiring American's immigration status. While the concept of The Last Action Rule may seem complex, it is actually quite simple.

General Application

The meaning of the last action rule's can be best explained through its application. Take this scenario:

You entered the United States with your F-1 Visa (non-immigrant student Visa) and later your employer decided to file for an H-1B (work permit) Visa. Your H-1B was approved and would take effect in 2 months (as seen on your notice of action/ Form I-797).

Naturally, you would think that you have to leave the U.S. and re-enter on or after 2 months for your H-1B status to take effect. But, this is wrong – the last action rule doesn’t operate this way.

In this scenario, the last action rule points that you do not have to leave and re-enter the U.S. on or after the day your H-1B status is set to take effect, because the last action taken by the Department of Homeland Security was approving your F-1 status.

Your I-94 (arrival/departure) controls your status inside the U.S. The approval of the H-1B won't begin for another 2 months, so it’s the “last action” that controls your status. Since you remain in valid F-1 status until the next action (activation of your H-1B in 2 months) takes place, you need not leave the US.

Last Action Rule In Multiple Status Change Applications

This can also cause sticky problems if there are two applications for a change of status pending at the same time. Suppose you are on a B-2 and before it expires, you file an extension. That extension remains pending. Then you are admitted to a school and file a change of status to F-1. Now you have two applications for a change of status pending.

You will need to ensure that the B-2 extension is approved to cover the time between the expiration of the first B-2 and the approval of your F-1. That way, you maintain status. If, however, the F-1 is approved first, then a subsequent B-2 extension approval will cause the F-1 to be lost! This is because the “last action” taken would have been the B-2 extension, not the F-1 approval.

You must take great care to maintain your non-immigrant status. Failure to do so can result in falling out of status, which (these days) may mean a nasty surprise in the mail: a Notice to Appear for a deportation hearing.

Still Unsure? Contact Us!
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After getting your H-1B approved, all you have to do is relax, and when it's time, your previous F-1 status would change to your new H1-B status. With this, you should be able to rest easy, should you find yourself in this situation.

That being said, situations differ, and you may find yourself in a completely different scenario than the ones painted above. When this happens, call us! Let us use our decades of experience to fight for you. Avoid wasting time, money, and save yourself the headache.

We will provide you guidance, and answers to questions you have about your case, and the last action rule.

If you’re faced with deportation for one reason or the other, you may be able to seek relief during or after the removal proceedings.

REMOVAL PROCEEDINGS WHILE OUTSIDE THE COUNTRY

Imagine receiving an ominous letter in your mail. A lot of words appear, but you only understand one thing – The United States government  wants to deport you.

While you may not be clear on the specifics, you do know one thing for sure – This is bad news. You begin to wonder what happened, what’s happening, and what’s going to happen. At this point, anxiety and stress sets in.

What you need to do is calm your nerves and steel your resolve. Right now, what you really need is an explanation. Knowledge is power. The government is expecting you to be confused, weak, and scared. Don’t lose the strongest tool you have: your intelligence. We are here to help guide you.

How Removal Proceedings Work?

Removal (deportation) is the U.S. government’s legal process of removing/deporting aliens(foreign nationals) from the U.S. for violating laws( immigration or criminal).

Removal proceedings as the name applies is the legal process that determines the removal of foreign nationals. The outcome of removal proceedings determine your removability.

Removal proceedings always begin with an ominous letter – either served to you if you are arrested, or arrives in your mail. Yes, the letter that you may not know what all its words mean, but clearly tells you that the U.S. wants to deport you. This ominous letter is the NTA (Notice to Appear) or Form I-862.

The Department of Homeland Security sends a Form I-862 to a foreign national, telling him/her to appear before an immigration judge. Naturally, the NTA will contain a list of government’s allegations against you, and a charge of removability. To be specific, the NTA:

• Tells you your alleged offenses,
• And charges you with removability or inadmissibility.
• Tells you to appear before an immigration judge,
• To admit or denounce the allegations.

While USCIS handles the process of lawful immigration into the U.S., Executive Office for Immigration Review(EOIR) conducts removal proceedings

During removal proceedings, the immigration judge has to determine whether or not you should be removed(deported). Naturally, evidence will determine the judge's decision. If the government does not have convincing enough evidence against you, the judge will not establish your removability. However, if convinced, the judge will establish your removability.

Will Removal Proceedings Affect Form I-485?

If you are placed in removal proceedings, then only the Immigration Judge can grant it. You may
have to wait several years before the I-485 will be adjudicated. If you already have an I-485 pending
before USCIS (and not denied) when you are placed in removal proceedings, you may continue the I-
485 with the immigration court. However, unless the removal proceedings are terminated, USCIS will
not have the power to adjudicate (decide) your I-485

Relief From Removal Proceedings.

Being subject to removal proceedings does not necessarily mean the end of your American story. You may get a chance to appeal during (Discretionary Relief) or after (Judicial Relief) the judge’s decision.
You may be given the opportunity to convince the immigration judge that you deserve to remain in the United States. During the appeal, your removal is put on hold until the judge’s final ruling. At the end of the appeal, if convinced, the judge will grant you relief from removal.

Relief from removal is basically a saving grace if you’re subject to removal proceedings, but it is available only to people who meet the requirements.

There are many forms of relief from removal, assuming the government complies with the law and proves you are actually removable. (They don’t always win here, and we’ve appealed and won cases where we think the government’s case is not in accordance with the law).

They include adjustment of status, standalone waivers, asylum, withholding of removal, relief under the Convention Against Torture, cancellation of removal for both LPRs and non-permanent residents, old forms of relief that are only retroactively available like 212(c), and even temporary forms like administrative closure. Every day you remain in the U.S. is a small victory. It’s just a matter of standing up one more time than you’re knocked down.

U.S. immigration law is now tighter than ever. With the Trump administration’s plans for U.S. immigration, a tiny slip up may cause you to forfeit your immigration. It’s far easier to prevent something than it is to find a cure. To keep yourself safe, you should:

• Ensure you’re not overstaying your visa
• Avoid violating U.S. criminal laws
• Make sure you have an approved immigration petition application
• Have a clear “immigration plan” made in consultation with a lawyer

Defend Yourself!

Of course, the best way to avoid a punch is to not be there. Don’t violate the law! This is the most realistic way to hold on to your immigration status. But if all else fails, you must get professional legal assistance.

We believe that everyone errs in their paths, but a violation of a law you may or may not be aware of should not block off your path to prosperity. Not without a fight. And we take pride in fighting.
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Getting relief from removal can be complex and painstaking. With decades of experience in removal proceedings, the HMA Law Firm will approach your case delicately, fight for your due process rights, and advocate for the best possible outcome for you. The law keeps changing – but our commitment to our clients does not.

So, call us today! Schedule a consultation with our attorneys and discuss your problems. Let us plot a course forward.

If you decide to file an affidavit of support for an immigrant, you must prove your intent to establish domiciliary status, or be domiciled in the U.S.

DEMONSTRATING INTENT TO ESTABLISH DOMICILIARY STATUS
If you intend to help your spouse or relative who lives overseas immigrate into the U.S., then you may need to file an affidavit of support. To do this, you have to be domiciled in the U.S. or demonstrate your intent to establish domiciliary status.
What Is Domiciliary Status?People commonly use the words residence and domicile to refer to their home. Adding to the confusion is that the terms can mean different things in different areas of law. However, they mean different things, and what they mean depends strictly on time. Knowing the difference will save you a lot of stress, and of course, money.
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While a residence refers to a home in which you may be temporarily staying, your domicile is a home that you intend to live in permanently. Your domicile can be your residence but your residence may not necessarily be your domicile.

Naturally, you will come across two variants of domicile law:

• Domicile of origin – Also known as domicile by birth, everyone acquires this at their birth. A child born to parents in a marital relationship will have the same domicile as the father, while one born out of wedlock will take its mother’s domicile.
• Domicile by choice is presumed by the law when you change residence, intending to make the new residence permanent.

You are a domiciliary of a place if you reside there, and have the intention of making it your permanent place of abode. Your domicile determines which state will have access to your income and inheritance taxes, and where divorce proceedings can begin.
It is not your nationality.
Domiciliary IntentDomiciliary intent must be proven in order to become a permanent resident. Your intention to make where you reside your domicile is called the domiciliary intent.

As an aspiring American, you’ll need to provide evidence that you will not be a public charge to the U.S. government when you become domiciled. So, in processing your application, you may need to have Form I-864 filed on your behalf. Your sponsor has to be a U.S. citizen, a permanent resident, and also a domiciliary of the United States (or at least intending to establish domicile in the United States.)

Form I-864, the “Affidavit of Support,” is a form of the U.S. Citizenship and Immigration Services (USCIS). You, the immigrant, are the beneficiary, while your sponsor (who files the form on your behalf) is the petitioner. Through this form, the petitioner agrees to provide financial assistance, if necessary, for you when you become a resident (Domiciliary).

Your spouse, relative (or perhaps a friend) who intends to help you by filing an affidavit of support and help you move into the U.S. must be domiciled in the United States or their domiciliary intent should be established clearly.

Factors Used to Determine Domiciliary Intent
Demonstrating your intent to establish domiciliary status and filing a Form I-864 can tend to be a tedious task, but a lawyer can help. Note: a petitioner who normally resides outside the US will be asked about domiciliary intent at the visa interview (usually through the immigrant.)

Many factors play a role in determining your domiciliary intent. The U.S. must know whether your intent to demonstrate your domiciliary status is legitimate.

Some of the conditions to determine domiciliary intent and file an affidavit of support include the following:

• If you’re staying abroad, you (the sponsor) must provide evidence that the U.S. remains or will be your domicile.
• If you’re currently not domiciled in the U.S., the sponsor-petitioner must still submit Form I-864, with evidence of intent to establish domiciliary status in the United States.
• You may need to provide evidence of your continuous residence in the United States.
• Showing proof of any real property owned or current employment may be necessary.
• Provide evidence of income taxes filed and paid. Note: filing taxes as a nonresident (Form 1040NR) will result in the consular officer concluding lack of domiciliary intent. However, filing as a resident but taking the Foreign Earned Income Exclusion (FEIE) on Form 2555 will ordinarily not result in such a finding.
• Show any record of military service (if available).
• Having a voter’s registration (if a US citizen. CAUTION: Do not register to vote if you are a permanent resident! You will lose your green card.)
• You may need to show your possession of a driver’s license (but not necessarily).
• Proof of seeking a job, finding a place to live such as a real estate agent contract, emails, dated communications with family/friends about relocating back to the US, enrollment of your children in school in the US

​ET HELP!It’s no surprise that you may be unable to win approval of the immigrant visa because of your domiciliary status. Rightfully so, because it’s easy to misinterpret your residency for domiciliary, and you may find certain conditions confusing.

That being said, if you’ve read to this point, then you have solved half the riddle.
Whether or not you know the specifics of your problem, contact us for further assistance. Knowing your problem is the first step to solve it, and taking action is the next. So, call us now, or fill our contact form to access our professional legal services at The HMA Law Firm.

A refusal of a visa is extraordinarily difficult to overcome. A lawyer can help you get it right the first time. The process takes long enough: don’t delay it even further.

Our attorneys will pinpoint the problem obstructing your Form I-864, follow through the case from start to finish, whilst providing guidance, information, and a targeted solution for your particular case. 

If there’s a way, we’ll find it. So, help us help you! Reach out to us by jumping on a call, or filling our contact form!