Changing your name. Advice to newlyweds, when dealing with immigration

K-1A common question I as newlyweds when they come to my office to discuss getting a “green card” is what is your name?  This question often causes a lively conversation about whether a woman can/should/must change her name when she gets married.  In the application for a “green card” there is no requirement for the spouses to have the same last name, and in fifteen years of practicing immigration law, I have never had an officer ask why someone has or has not changed their name.
Where there have been questions, and issues is when the name change is done in some areas but not all.  Part of the job of USCIS is to perform background investigations on both the petitioner and applicant.  Inconsistencies and conflicting information need to be explained to the officer’s satisfaction.  When the officer issues a request for evidence, this slows the process of obtaining employment authorization (work card), travel permission and the green card.  An unanswered request for evidence will most likely cause the “green card” application to be denied.
Because of all of the places a name change is needed, we have created a name changing kit for our clients who are either getting married or changed their name as part of the naturalization process.  This kit includes:

  • A notice of name change, this can be used with all of your commercial accounts such as work, banks charge card companies and the like
  • A change of name with Social Security
  • A change of name with the IRS
  • A change of name for your Ohio driver license
  • A change of name for your U.S. passport and
  • If you are a lawful permanent resident (“green card” holder) a change of name for USCIS

This name change kit is free for anyone to access, just fill out your first name and email address and I will email this to you right away.  If you would like to speak to me about the possibilities of our office representing you, please feel free to contact me.  My office information is on this website and you can reply to the email I will send you.

andmarried

 

¿Qué significa la Acción Diferida para tu futuro?

CrimigrationNo todos los jóvenes cumplen con los requisitos de la iniciativa “Acción Diferida para los que Entraron al País Siendo Niños.” El obtener la mejor asesoría legal puede ayudarte a decidir si la Acción Diferida es la opción adecuada para ti. No te dejes engañar. Los notarios o consultores no certificados no están autorizados para prestar asesoría legal y pueden perjudicarte. Si cumples con los requisitos, la Acción Diferida puede ser una gran oportunidad para que puedas construir un futuro brillante. Sin embargo, el proceso conlleva también algunos riesgos.

How U.S. Citizens Can Help Family Members Get Green Cards

Family

Family

If you are a U.S. citizen, you are allowed to bring members of your immediate family to live permanently in the United States. There are a number of steps to this process, but your family members do not have to wait for a visa number.

The following people are considered to be immediate family members:
•    Your husband or wife
•    Your children, if they are unmarried and under the age of 21
•    Your parents (as long as you are over 21)
If your family member is already in the United States

To be eligible for permanent residency, your family member must have entered the United States legally or been paroled into the United States. If your family member’s visa has expired or if he or she entered the country without documents, then you should speak with a lawyer before filing any immigration documents.

There are two main forms required to get a green card for an immediate family member:
•    Form I-485 is the application for a green card. The person who is applying for the green card fills this out, often with the help of a lawyer. The I-485 is a lengthy form that requires a number of supporting documents. To complete the entire application, the applicant will need to submit a birth certificate, photographs, a copy of the visa documenting that the person is in the United States legally, and a form from a doctor showing the results of a medical examination.There is also an extra Biographic Information Form that must be included in the application packet.
•    Form I-130 is the petition filed by you, the U.S. citizen, asking for your immediate family member to be granted a green card. This form must be submitted together with proof of your U.S. citizenship and proof of the family relationship between you and the person applying for the green card. These extra documents can be challenging to put together, and the immigration service will study them very carefully to make sure that the family relationship is legitimate. If you are petitioning for a green card for your husband or wife, there are many ways you can prove the marriage is real. These include birth certificates for any children you have or proof that you have lived together or shared a bank account. You can even include wedding photos and sworn statements by people who attended your wedding.
These two forms can be submitted at the same time, or the I-130 can be turned in first. Depending on which method you and your lawyer choose, certain requirements and extra forms may be involved.

After receiving the I-485, the immigration service will contact the green card applicant and ask for fingerprints. The fingerprint information must be sent in before the I-485 will be processed. In-person interviews of both the applicant and the U.S. citizen sponsor are also required.

If your family member is not yet in the United States

If your family member is not yet in the United States, the procedure for getting a green card is slightly different. If you are in the United States, you will first have to file Form I-130 with the U.S. Citizenship and Immigration Services. If you are not in the United States, you and your family member must file all paperwork with your local consulate.
Come in for a free consultation
Working with the immigration service is never simple, and we’d be happy to help you get green cards for your family members. Fill out the form below or give us a call to learn more.

Please look at what our clients say about our immigration services Click Here!

Immigration and Entrepreneurship: A Conversation with U.S. Citizenship and Immigration Services

iStock_000020569576_SmallThe linkage between entrepreneurship and immigration has been proven by numerous studies as has the linkage between entrepreneurship and economic development. Why then can’t we make it easier for entrepreneurial immigrants to stay in the United States?
U.S. Citizenship and Immigration Services (USCIS), the government agency responsible for administering immigration benefits, invites you to attend a highly interactive town hall meeting to discuss the issues at the nexus of immigration law, entrepreneurship, and innovation, including policies and practices to make the U.S. a welcoming place for innovation driven entrepreneurs. The program will feature a panel from the local entrepreneurial community who will discuss their experiences, as well as time for Q&A to discuss ideas to enhance current policies and programs.

Immigration and Entrepreneurship: A Conversation with U.S. Citizenship and Immigration Services
May 8, 2013 5:30–7:30 p.m.
University of Chicago Booth School of Business
Gleacher Center, Room 621
450 North Cityfront Plaza Drive
Chicago, Illinois 60611

Update on the E-2 Visa for Israeli Nationals

iStock_000017783218_SmallIn June 2012, President Obama signed into law legislation that adds Israel to the list of countries eligible for E-2 treaty investor visas. Regrettably, Israel nationals remain ineligible for E-2 status because of delays in implementing the new law.
The legislation is conditioned upon visa reciprocity. Accordingly, once the new law was sent to the State Department for implementation, teams from the United States and Israel began discussing the terms and conditions that E-2 status will provide to Israeli investors in the U.S. and examining whether Israel will provide similar terms and conditions for American investors in Israel. These discussions were complicated by the fact that Israeli immigration law does not currently provide for a visa category that parallels the E-2 visa. Indeed, Israel has only one nonimmigrant work visa category, with visas issued for one-year validity periods and with an absolute maximum stay in the country of five years. (The E-2 visa, of course, can be issued for an initial period of up to five years.) Moreover, the options under Israeli immigration law for derivative visas on behalf of accompanying family members are extremely limited with no provision for a benefit resembling the E-2′s Employment Authorization Document (EAD) for an accompanying spouse.
David Newman, the Director of Legal Affairs at the State Department’s Bureau of Consular Affairs, estimated that implementation of the Israeli E-2 law could take approximately six months, which is in line with the period that had been required for implementing the law providing for E-3 visa status for Australian nationals several years ago.
The United States Embassy in Israel has published the following update on its website:

http://israel.usembassy.gov/consular/niv/evisas.html

“Investor visa for Israeli nationals
President Obama signed the legislation that would add Israel to the list of countries eligible for non-immigrant investor visas in the United States.
The legislation, which was spearheaded by Rep. Howard Berman (D-Calif.), would grant Israelis E-2 investor visas, allowing them to live and work in the U.S. in order to be closer to their investments. The legislation, signed on June 11, 2012, passed the House and the Senate in recent months.
However, the implementation of this visa category will not be effective until the terms and conditions of the final agreement are determined between the two countries. The Embassy will issue a press release as soon as the E2 [sic] investor visa is available to Israeli nationals.”
April 2013 Department of State (DOS) statement was as follows:
“The Department does not yet have a basis for determining that Israel offers equivalent status to U.S. investors in Israel – a statutory prerequisite for issuance of E-2 visas to Israeli nationals. Through our Embassy, we have been working with Israeli government officials to facilitate Israel’s development of a visa status similar to the E-2.”
Therefore, nearly a year later the issues involved with implementing the law that provides Israeli nationals with eligibility for E-2 visas seem unlikely to be resolved any time soon.