Geygan & Geygan, Ltd.

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Suspension of Routine Visa Services by Embassies

March 20, 2020 by Thomas Geygan

In response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide emergency and mission critical visa services. Our overseas missions will resume routine visa services as soon as possible but are unable to provide a specific date at this time. 

  • Individuals interested in the operations of a particular post should contact that embassy or consulate directly.  Contact information for embassies and consulates worldwide is available at usembassy.gov.
  • Applicants with an urgent matter and need to travel immediately should follow the guidance provided at the Embassy’s website to request an emergency appointment. Examples of an urgent matter include air and sea crew, and medical personnel, particularly those working to treat or mitigate the effects of COVID-19.
  • This does not affect the Visa Waiver Program. See https://esta.cbp.dhs.gov/faq?focusedTopic=Schengen%20Travel%20Proclamation for more information.
  • Although all routine immigrant and nonimmigrant visa appointments are cancelled, the Machine Readable Visa (MRV) fee is valid and may be used for a visa appointment in the country where it was purchased within one year of the date of payment.
  • We are aware of the importance of the H-2 program to the economy and food security of the United States and intend to continue processing H-2 cases as much as possible.  For further information about the H-2 program, please visit: https://travel.state.gov/content/travel/en/News/visas-news/important-announcement-on-h2-visas.html
  • Services to U.S. citizens continue to be available. 

Filed Under: AOS Employment, AOS Family, AOS Marriage

Receipt Notice(s) I-797

November 14, 2017 by Thomas Geygan

The Receipt Notice is the first document you receive after you apply or petition U.S. Citizenship and Immigration Services (“USCIS”). Receipt Notices contain information that will help you track the progress of your case. Whenever you hire an attorney to help you with your immigration applications, always bring all USCIS notices with you so he or she can help you better. Receipt Notices are printed on Form I-797, Notice of Action. USCIS prints processing notices on these Notices of Action. These notices include receipt notices, transfer notices, and approval notices. Each looks slightly different.

Notice Type: This tells you what kind of notice this is-receipt notice, transfer notice, approval notice, etc.

Case Type: This states what form this is notice is for. The sample notice is from an I-130, Petition for Alien Relative. This is a “family-based immigrant visa petition” that a U.S. citizen or legal permanent relative would file asking USCIS to allow his or her family member (here child) to come to the United States permanently.

Receipt Number: The receipt number is very important. With that number you or your attorney can check the status of your case on the USCIS website or by calling the National Customer Service Center at 1-800-375-5283. Receipt numbers start with a three-letter code followed by numbers.

The first three letters refer to the USCIS service center processing your application:

  • EAC – Vermont Service Center (formerly the Eastern Action Center);
  • WAC – California Service Center (formerly the Western Action Center);
  • LIN – Nebraska Service Center (refers to the center’s location in Lincoln, Nebraska);
  • SRC – Texas Service Center (formerly the Southern Regional Center); and
  • MSC – National Benefit Center (formerly the Missouri Service Center).
  • YSC – Potomac Service Center

The two numbers that follow the three-letter code refer to the fiscal year the application was received. The next three numbers refer to the computer day it was received. The remaining five numbers are randomly generated for your unique application.

Example: MSC-17-026-12345 – This application was filed in 2013 with the National Benefit Center on the 26th computer day.

You can check on what receipt date the service center is working on for your type of case by clicking here.  You must know the application form number and the service center.

Priority Date: This is a very important date for many applications. If you are a U.S. citizen filing for a spouse, parent, or minor child (under 21), then this date rarely matters for you (only if your child is about to turn 21 would this be important). If you are one of the following, then this date is very important:

  • U.S. citizen filing for a child over 21;
  • U.S. citizen filing or a sibling;
  • Permanent Resident filing for a child or spouse.

The Priority Date refers to your loved one’s spot “in the line.” There are a limited number of visas available each year for each “category” of immigrant. Every month the U.S. government issues a bulletin stating where in the “line” it is processing. To read this, find the preference category on the front of the notice (this will be listed under “Preference Classification” next to the priority date. Then look for your country on the chart to see what the “current” date is that they are issuing visas for. When the date on the chart is later than your Priority Date, you can then apply for the visa so your loved one can come here.

Filed Under: AOS Employment, AOS Family, AOS Marriage, E-2, H-1B, I-751, K-1, N-400

New EAD form gets you Work Authorization and Social Security Number

October 3, 2017 by Thomas Geygan

Based on a new information-sharing between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for an Employment Authorization Document (EAD) and a social security number using a single form – the updated Form I-765, Application for Employment Authorization.

To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA. Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.

The revised USCIS form includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office. Starting today, USCIS will transmit the additional data collected on the form to the SSA for processing. Moving forward, applicants who receive their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.

EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. SSNs are used to report wages to the government, and to determine an individual’s eligibility for certain benefits.

If you need help getting your EAD (Employment Authorization Document) or other immigration benefit, please call Mr. Geygan at 513-791-1673.

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Filed Under: AOS Employment, AOS Family, AOS Marriage

USCIS Will Issue Redesigned Green Cards and Work Cards

April 20, 2017 by Thomas Geygan

U.S. Citizenship and Immigration Services yesterday announced a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.
These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the ones currently in use.

The Redesigned Cards

The new Green Cards and EADs will:

  • Display the individual’s photos on both sides;
  • Show a unique graphic image and color palette:
    • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
    • EAD cards will have an image of a bald eagle and a predominately red palette;
  • Have embedded holographic images; and
  • No longer display the individual’s signature.
  • Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid

Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.
Certain EADs held by individuals with Temporary Protected Status (TPS) and other designated categories have been automatically extended beyond the validity date on the card. For additional information on which EADs are covered, please visit the Temporary Protected Status and American Competitiveness in the 21st Century Act web pages on uscis.gov.
Both versions are acceptable for Form I-9, Employment Eligibility Verification, E-Verify, and Systematic Alien Verification for Entitlements (SAVE). Some older Green Cards do not have an expiration date. These older Green Cards without an expiration date remain valid. Individuals who have Green Cards without an expiration date may want to consider applying for a replacement card bearing an expiration date. Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen.

Eligibility for Green Cards and EADs

For more information about the Green Card application process, please visit http://geygan.net/?s=%22Green+Card%22.
For more information about the work card, please visit http://geygan.net/?s=%22work+card%22,

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Filed Under: AOS Employment, AOS Family, AOS Marriage

What to Do If You are Asked to Relinquish Your Green Card and Sign Abandonment of Status

January 30, 2017 by Thomas Geygan

Upon returning to the U.S., Legal Permanent Residents (LPR) should not automatically surrender their green cards if asked to do so. An individual does not lose LPR status as a result of time abroad. They remain an LPR until a final order of removal is issued and the government must prove abandonment by clear, unequivocal, and convincing evidence which a higher evidentiary standard than clear and convincing. Abandonment must be signed voluntarily and there are no potential negative ramifications for refusing to sign. Neither failure to sign nor abandonment is grounds for detention. Rather, an LPR who refuses to sign must be issued a Notice to Appear (NTA) so that an immigration judge can determine whether they have lost their LPR status.

When abandonment is raised, you should offer evidence of the following: your ties to the U.S., the purpose of your visit outside of the U.S., and the expected termination date of the visit abroad or occurrence of facts showing why a date certain is or was not possible.
The burden at this stage is preponderance of the evidence, which is more likely than not (more than 51%) that you did not abandon. Totality of the circumstances are relevant and must be considered. If the officer is nevertheless, not convinced, you should ask for a hearing before an immigration judge. If your green card is confiscated, you must be provided with alternative evidence of your LPR status, such as an I-94 and/or passport stamp that says “Evidence of Temporary Residence.”

Abandonment of residence is not a ground of inadmissibility. Thus, the basis for the NTA is being inadmissible at the time of admission because LPRs travel abroad and reenter the U.S. as “special immigrants” per INA §101(a)(27). If your visit abroad was not in fact “a temporary absence” you are not admissible as a “special immigrant.” The lack of special immigrant status is what ultimately makes you removable. In this situation, the government bears the high burden of proving abandonment of LPR status by clear, unequivocal, and convincing evidence. An LPR who is placed in removal proceedings, doesn’t lose his or her status until a final order of removal is issued.

 

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Filed Under: AOS Employment, AOS Family, AOS Marriage

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