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A Special Immigrant Visa (SIV) is a special visa for Iraqis and Afghanis who worked with the United States Armed Forces or under Chief of Mission authority as a translator or interpreter either in Iraq or Afghanistan. It also requires a favorable written recommendation from a General or Flag Officer in the chain of command of the United States Armed Forces unit that the interpreter or translator supported, or from the Chief of Mission at the embassy where the translator or interpreter worked.  It is available to up to 500 people every year.  There are also SIVs for Iraqis and Afghanis who were employed by or on behalf of the United States government.  This month, US officials announced they would streamline the process, requiring them to file just one form. In the past, SIV applicants have moved through a 14-step application process requiring them to submit a separate 19-page form to the USCIS.  The form you’ll be using is still Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. You must also provide a copy of your passport or birth certificate, proof that you meet the requirements, and proof of a background check. If any of your documents are not in English, you will have to get a certified English translation. Even with a streamlined process it is best to seek help from a qualified immigration attorney before attempting to fill out the petition or open an immigration case. Any mistake or accidental omission could result in your application being delayed or denied. Afghani refugees have often tried to use this program instead of the asylum or refugee program to obtain entry into the United States, which means that every SIV is being double-and-triple checked.  Right now, the extra scrutiny is causing backlogs of up to 3 years. While the streamlined application is likely an attempt to reduce these backlogs and wait times, we nevertheless strongly urge you to work closely with us to ensure that you can make your new home in the United States with a minimum amount of trouble. If you were not an interpreter or translator then there may be other immigration programs that will work for you. For example, on March 16 of this year Afghanis became eligible for Temporary Protected Status.  TPS status is not available for Iraqi refugees, but there are still programs that we can look into on your behalf. Trying to get into the United States? Don’t wait. Contact our law office to get help today. See also: Can You Appeal Your Immigration Decision?  What is the Difference Between an Asylum Seeker & a Refugee?  What Happens When You Make Errors on Your Immigration Paperwork?   
When the immigration process doesn’t go your way, you almost always have the right to an appeal. However, you don’t have a lot of time to make the appeal, and the process of understanding the appropriate way to make that appeal can be quite complex. As your New York City immigration attorney, it will, of course, be part of my duties to help you handle such matters.  Here’s what you need to know about appealing your immigration decision. How long do I have to make an appeal? The first place to seek this information is your denial letter, which will include information about appealing the decision. This generally includes your deadline for making the appeal.  In most cases you’ll have 30 days, but there are exceptions. If you have a Revocation of Approval for your petition then you will have just 15 days to make an appeal. It is very important that you contact your immigration attorney right away. There are no extensions for appeals. If the decision is sent by mail then you get just three extra days to account for the mailing period, and that’s all. If you miss the deadline you will lose your ability to make the appeal, and the decision will stand.  What is the process for filing the appeal? There are different forms and processes depending on the specific facts of your case. In many cases the attorney will file an I-290 B, Notice of Appeal or Motion. If your citizenship application has been denied then your attorney would file the N-336: Request for Hearing or Decision in Naturalization Proceedings.   In some cases, an EOIR-29 would be the most appropriate form. That’s the Notice of Appeal to the Board of Immigration Appeals.  In cases where the decision-makers made an error of legal process or an error in legal interpretation, we would also submit a Motion to Reconsider. If new facts have come to light which would have a positive impact on your immigration case then we’d file a Motion to Reopen instead.  Will the appeal end removal proceedings? Appeals do not halt removal proceedings. In many cases you will be facing a removal at the same time you are trying to fight an immigration decision. Fortunately, we help with removal defenses as well, and can often buy you time to remain in the United States while the appeal is processed. Processing the appeal generally takes six months.  Get help today. Ideally, your immigration application would be so strong that you’d never need to make the appeal. You can give yourself your best chance of a positive decision by reaching out to our offices before you begin your immigration application. Contact us to get started today. See also: What’s the Difference Between an Asylum Seeker and a Refugee? 5 Mistakes Couples Make When Applying for a Green Card What Happens When You Make Errors on Your Immigration Paperwork? 
As turmoil continues to sweep the world more and more people will be forced to leave their country of origin. And while the United States has its problems, thousands of asylum seekers and refugees still seek our country’s protection every single year.  The difference is one of circumstance and procedure.  Refugees A refugee has: Already fled their country of origin. Has a well-founded fear of persecution. Has applied for refugee status with an official entity.  Are not permitted to enter the US until their application has been accepted and they have been cleared for travel. These realities are the reason why you’ll find refugee camps. They fill up with people who can’t go home, but who can’t go anywhere else simply because they are not legally permitted to do so. Refugees must pass background checks, fingerprint verifications, medical screenings, and in-person interviews. They are also prioritized: the top priority goes to individuals referred by the UN High Commission on Refugees, a US Embassy, or an NGO. Second priority goes to groups of “special humanitarian concern.” Third priority goes to those with family in the United States. The process can take up to 24 months.  Asylum Seekers An asylum seeker: Is also fleeing their country of origin. But has already arrived at their destination country. Also can demonstrate that they have a well-founded fear of persecution. Applies within one year of arrival. Asks for asylum upon arrival under the 1967 United Nations Protocol. Are allowed to live in the United States and seek employment in the United States while their form Form I-589 is pending before USCIS.  Asylum may also be claimed as a removal defense.  May remain indefinitely, unless USCIS terminates asylum on the grounds that the person no longer has a well-founded fear of persecution, on the grounds that they have obtained protection from another country, on the grounds that they’ve committed fraud or crimes, or on the grounds that their circumstances have changed.  May apply for a green card one year after approval.  At our law practice we most often find ourselves in the position to help asylum seekers, and there are far more asylum seekers seeking a place in the United States every year than refugees.  If you’ve recently arrived in the United States, we may be able to help you manage the process of seeking asylum. It is not an easy process to go through. Asylum seekers also have to go through a series of background checks and interviews, will have to provide biometrics, and can be held back by mistakes on their application or legal problems. It can still take a long time, though the United States has recently begun implementing programs to expedite the process.  Our office can give you your best chance at securing a green card, which means permanent lawful residency in the United States. If you’re an asylum seeker, reach out to get help from our office today.  See also: Immigrating to the United States from Ukraine What Happens When You Make Errors on Your Immigration Paperwork? 5 Immigration Interview Mistakes
Have you fled the Russian invasion in Ukraine? Right now you’ll find a relatively warm climate in the United States. Many are being allowed in under humanitarian parole.  Humanitarian parole allows someone who would normally be ineligible for admission to the United States to enter the country temporarily due to a compelling emergency. Humanitarian parole doesn’t provide a pathway to a green card, but you might be able to apply for a change of status once you are here and working, or get an employer who will sponsor you.  You can apply for parole on an online portal, though as with any immigration issue it’s best to work with a lawyer if you can.  Ukrainians in the country since April 11, 2022 are under Temporary Protected Status (TPS) for a period of 18 months. This will allow you to stay and apply for employment authorization. Those with family in the United States may be able to apply for a green card on the basis of family sponsorship. Those who fear they will be persecuted on account of their nationality, race, religion, membership in a social group, or political opinion may apply for asylum.  Beginning on April 25, 2022, US individuals and entities may apply to the DHS to sponsor displaced Ukrainian citizens through the Uniting for Ukraine process. A sponsor will have to declare financial support and pass background checks just like an employer or family member would have to, but what makes Uniting for Ukraine special is that any individual or organization may sponsor Ukrainian citizens.  If you are trying to arrive under the Uniting for Ukraine program you’ll want to avoid trying to enter through Mexico. You need an overseas point of entry. The State Department is launching several referral efforts in Europe through the Refugee Admissions Program. They will be working to identify particularly vulnerable populations such as women and girls, children, the elderly, members of ethnic and religious minority groups, MOGAI persons, persons with disabilities, medically fragile individuals, and stateless individuals.  Uniting for Ukraine is intended to be one of the fastest, most streamlined programs.  Not sure which program is right for you? Hoping to help a loved one or a friend who is caught in a bad situation?  Reach out to our New York-based immigration law office to get help today. We’ll help you figure out which program is right for your situation, current location, and current needs. See also: What Happens if You Make Errors on Your Immigration Paperwork?  How to Strengthen Your Asylum Case The 5 Most Common Immigration Mistakes   
Immigrants account for nearly 43% of New York City’s work force. Most companies will need to consider global talent at some point. You can hire foreign nationals both for short-term employment and for long-term, but there are steps you’re going to have to take.  Know the Difference Between an Immigrant and Nonimmigrant Visa There are 20 types of employment visas. Some are for temporary workers, for people who will be here for a set period of time and then go back to their home countries. Some are for people who intend to become permanent residents of the United States. There are different requirements for each type of visa.  Types of Visa The 20 different employment visas can be divided into groups. There’s the extraordinary petition visas for highly skilled workers in professional fields. There are short-term visas for temporary workers. There are visas for students and trainees. There are visas for employees of multinational countries.  The requirements will vary wildly for each type of visa, but you should know which group, broadly, you are going to be targeting.  Labor Condition Applications (Temporary Workers) If you are hiring temporary workers on an H-1B, H-2A, or H-2B visa then you’ll need to file a Labor Condition Application with the Department of Labor. These are all temporary work visas for agricultural workers or temporary workers providing services or labor, both skilled and unskilled.  Filing the Petition You will be responsible for paying costs associated with filing the petition. That’s what makes hiring an immigration attorney such a good investment for companies. If you are going to have to rely on foreign talent to grow your company then it pays to get it right the first time. The immigration process is extremely complex.  Ongoing Compliance You’ll have ongoing compliance responsibilities. For example, you will need to keep USCIS informed any time you terminate a foreign employee. If you hire an employee on a temporary visa you’re responsible for the travel costs associated with sending them back home.  Working with an immigration attorney can also help you manage issues of compliance. Sometimes the requirements shift rather rapidly.  Get Started Early Unless you’re purchasing expedited processing the entire affair can take months from start to finish, which can be problematic if you need to make a hire right now. Reach out to The Law Firm of Kyce Siddiqi to get help today.  See also: What Happens When You Make Errors on Your Immigration Paperwork? How to Sponsor an Immigrant Worker for an H1-B Visa Do Immigrants Have to Pay Taxes?