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Updates on form I-130 and I-130 approval, I-601, and I-601a approvals

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Hi this is Kaushik Ranchod here from the Ranchod Law Group here with Brian and today we’re going to answer some frequently asked questions that we’ve been getting at our offices in Sacramento and Stockton. So Brian what questions have we been getting?
Some of the most common questions are:

  • What exactly is the form I-130 what does it prove?
  • What does it mean when someone files for an form I-130?

So that’s a great question! form I-130 is establishing the relationship between:

  • the U.S. citizen (the person that’s filing) or permanent resident (the person which is filing and that’s called the petitioner);
  • the beneficiary (the person who’s receiving the benefit).

All it’s doing is establishing the relationship, so it’s generally only the first step in the process. We get a lot of questions – people think that they’re getting a legal status just from the form I-130 but that’s not the case.

Now another question:

  • Which is the validity of the form I-130 approval?

Having form form I-130 approved doesn’t mean that you have the right to obtain a green card. Form form I-130 is only the first step in the process. Many people come to our offices in Sacramento and Stockton and have retained a notario who helped them with form form I-130. They are under the impression they’ll be granted a green card – this is just the first step in the immigration process.

So for instance, in order to obtain a green card, there are other forms such as form form I-485 (Application to Register Permanent Residence or Adjust Status), the Affidavit of Support demonstrating other eligibility requirements that you are eligible (demonstrate to be admissible to get a green card and demonstrate that you meet the poverty guidelines for the affidavit of support).
So form form I-130 in a way is like the baby step to the other steps.

Another question:

  • If someone has a pending form I-130 or an form I-130 approved, you what do you recommend to do?
  • Do you recommend they go with an immigration attorney?
  • What do you suggest to do if they’ve already filed for an form I-130 with a notario?

My recommendation is to have an immigration lawyer review the form I-130 application before moving forward because it may not be in your best interest to move forward: you may need a waiver for certain types of grounds that would make you an inadmissibility. It’s really important to have someone who’s knowledgeable to be able to analyze whether or not you actually qualify or you’re just putting yourself into a bad situation.

Other questions we get from people that have criminal issues

  • Do criminal issues make them inadmissible?
  • Do criminal issues preclude application for any type of benefit?

In general criminal immigration is a very complicated area and especially with the Trump administration they’re scrutinizing anyone who has a criminal violation.

For instance a very common issue is a DUI that needs to be analyzed before you file for your specific type of case. Same thing with domestic violence – if you have a domestic violence conviction it needs to be analyzed by an immigration attorney before you apply for an immigration benefit.

Questions on obtaining criminal records

  • How do people obtain their criminal record?
  • If someone was arrested, they may have the police report but they don’t have the court record – how should they proceed?
  • How should someone proceed if they have been arrested but do not have anything to prove that criminal incident?

So we can do an FBI background check, we can request the records from the court if there has been a criminal conviction – these are some of the things that we can do in order to get that information.

Obtainable immigration documents

  • Which are the immigration documents you can obtain?
  • Let’s say I was petitioned way back and I don’t have any documents to prove it: is there any way that you can obtain those documents for me?

Yes. In that situation what we do is the Freedom of Information Act request and we can obtain those records that way and that’s really important. We do a lot of those to go back and review all of the information to see what happened so we know how to prepare your current application.

Also if you’ve ever had an interaction with USCIS or at the border, it’s also really important to get your records to see what happened as well.

Form Processing Times – Another frequent question

  • Why are form processing times so long?

It depends on the specific case. In general we’ve seen processing times slowing down significantly across the board. For instance a green card renewal or an I-90 is taking anywhere from four and a half to 11 and a half months.

It’s important to note that the processing times are dependent upon the government: no attorney can speed up the processing time so if anyone tells you that, then just be a little bit wary because it’s up to the government on how long it takes them to process the case.

The form I-130 originally was taking around four to six months now it is taking five to twelve months to process.

The I601 has also slowed down significantly so now it’s taking 12 to 16 months.

The I601 is different from the I-601a. The I601 is the one where you’re outside of the United States and you need to apply for a waiver and that is currently taking 12 to 16 months. The I-601a is taking about five to seven and a half months and citizenship is taking about 8 to 14 months.

At the top of the list is the U Visa which is taking now an average four years. That’s if you’ve submitted your application like four years ago – we expect it to continue to slow down as time goes on.

Alright well we want to thank you for joining for our weekly show. Tune in next week we’re gonna have some more great information for you.

Thanks and have an awesome day

Related Resources on Form I-130

Top 3 Facts on I-601 Waivers, Latest Immigration Q&A from The Ranchod Law Group

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Hi this is Kaushik Ranchod here with our weekly immigration. I’m here with Brian and today we have a lot of exciting topics we’re going to talk about. I have updates on TPS. We’re going to talk about one of President Trump’s latest of memos, then we’re going to talk about I601 questions and a lot more so it’s action packed today!

First of all there has been some great feedback about the TPS Judge ruling where basically TPS is back, based off of a Judge’s ruling.

If you missed last weeks video go check it out. Also, I wanted to add that the countries that are renewed for TPS are:

  • Sudan
  • Haiti
  • El Salvador
  • Nicaragua

Interview Representation with USCIS?

So Brian do you have any questions for me or what are the questions that we’ve been getting?
BRIAN: I hear a lot of clients asking if it’s necessary or required to have an attorney for the interviews with USCIS: do they need to hire an attorney to represent them on an interview with USCIS?
Kaushik: It’s not required to have an attorney at the interview with USCIS. What’s happened is that there’s a memo that was passed in September of this year that’s really changed things. What’s happening now with USCIS is if they deny an application, in most cases, if you’re out of status, you’re gonna get issued a notice to appear in deportation court or put into removal proceedings.

Therefore even the cleanest cases can have problems, issues or surprises especially in today’s climate, so it’s important to have representation to protect you in the event that a surprise happens with the officer not following the law: representation can make sure that there’s no misinterpretations that happen which could lead to a denial.

Permanent Resident Child petition for Parents

Alright what other questions do you have for me Brian? What are the questions are we getting today?

BRIAN: People often ask if a permanent resident child can petition for their parents.

Kaushik: That’s a great question! If you are a parent of a permanent resident child then the question is: how does that affect you?? Well your child needs to become a United States citizen because a permanent resident child cannot file for a parent unless they’re in a US citizen, so they could help you to become a US citizen.

Now how about the second step if they enter lawfully? Can only a citizen petition for that waiver? Can a child petition for a Waiver for a parent? No a child cannot petition for a parent but a spouse or a parent can file for a child. So if you’re a US citizen child, you might be eligible for 245 I. That can be an option. Now if the parent entered lawfully with a visa then that means that the parent entered with inspection and the child could file in that respect.

I601 Waivers for Children?

Another question that we get is: how about a parent – can a parent do the Waiver ask for forgiveness for a child? A parent can file specifically for an i-601 waiver for the child – that would be possible: parents who are US citizens can file specifically for a child in the I601 situation.

A Recent Success Story

Also we recently received an i-601 waiver approval in this situation: the client was in the United States on a visa and while they were here, they were charged unfortunately with immigration fraud. After a long long process they were put into removal proceedings. What happened then, is they had to go back to India. When there, we filed for an I-601 waiver for them and we were able to get an approval so that they could be reunited.
OK, we want to thank you for tuning in to our weekly immigration show. Tune in next week Wednesday at 12, we’ll continue to provide you with great information and see you next week!

Related Information on Other information on I-601 Waivers

Breaking News: Judge Blocks plan to end Temporary Protected Status (TPS)

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This is Kaushik Ranchod here with Brian From The Ranchod Law Group, and we wanted to share some breaking news about TPS. A Judge has blocked the decision to end TPS so TPS is back on! This is great news for everyone that is on TPS.
This is a great example of how our democracy works and how our judicial system works. This puts the executive branch in check by the judicial branch, and it’s just a beautiful thing to see this happen.
This is breaking news, TPS is back on! Now this was for specific countries so if you have questions give us a call (916) 220-3137 to find out if your country qualifies. Join us, you can ask your question or give us a call at (916) 220-3137. The reasoning the Judge used is quite interesting of why he blocked the decision of Trump. In the judge’s decisions, what I was talking about, to block plans to end TPS was because Judge Edward Chen basically stated that President Trump harvers an animosity against non white, non european aliens which influenced his decision to end the TPS designation and I’m just basically quoting what the Judge said: the Judge is providing a precedent here, showing that racism cannot be used to take a decision on immigration policy.
Well, continue to tune in to our immigration weekly show – we’re going to be live on Wednesday. We’re going to continue to keep you informed so check in 12 o’clock on Wednesday.
Thanks and have an awesome day!

Related Information on Other Resources on TPS (Temporary Protected Status)

Latest USCIS Memo and a J Visa Hardship Waiver Success Story

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Hi this is Kaushik Ranchod here and this is Brian and we’re with The Ranchod Law Group here for our weekly Wednesday live show. Today what we’re going to talk about is:

  • The latest policy memo from USCIS on how they are going to treat denials
  • Our latest hardship waiver success story

First let’s start off with the good news: I want to share one of our latest approvals for a J1 hardship waiver. Both of our clients were on J1 and J2 : their child was aU.S.citizen. We were able to show is exceptional hardship based off of the child’s safety health and education. Based off of those factors, among other factors, if theirU.S.citizen child had to go back to the home country they would face exceptional hardship. Our client is from South Asia and in this specific country there’s political unrest, a shortage of daily necessities and lack of education that the child would face – There is also an economic crisis. So by discussing and creating an argument and providing documentation that demonstrates what was occurring in our clients home country, we were able to get an approval. Now we’re going to talk about one of President Trump’s latest policies that has trickled down to USCIS where they’ve issued a memorandum talking about how USCIS will issue what’s called a notice to appear in removal proceedings if your case is denied. Unless you’re able to maintain status when you apply for an application (for instance if you apply for a marriage-based greencard and you’re on an H1B Visa) it’s important to maintain your lawful status because if you’re not maintaining lawful status, now USCIS is going to issue the notice to appear for Removal Proceedings if their case is denied unless you are in some form of lawful status. If you’re applying for citizenship or a greencard renewal this would not apply unless, when you’re applying for citizenship, you’re not having a good moral character because of a criminal situation. If they find that you don’t have a good moral character because of a criminal issue they could also issue a notice to appear as well. We are very disappointed by this memorandum: this is one of the worst things that I’ve seen since I’ve been practicing for over 16 years. We know it’s very stressful during this time so I welcome you to contact our office at (916)-220-3137. I want to thank you for tuning in and ask your questions below or call us at 916-220-3137 see you next Wednesday – Thank you and have an awesome day

Other Related J Visa Related Articles:

I-601 Waiver Approved for Client in India

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I-601 Waiver Approved for Client in India




Waiver File date: April 27, 2017
RFE Issue: June 11, 2018
RFE Responded to Within Deadline in July 2018
Waiver Approval date: August 31, 2018

The Facts about this I-601 Waiver Approval Success Story

  • Client was previously in the United States on a non-immigrant visa
  • While in the United States, Client was charged with immigration fraud
  • After a long process Client was put in removal proceedings
  • After returning to India client married a U.S. Citizen.

The Ranchod Law Group was hired by Client to file for an I601 waiver in order to join his wife in the United States.

We argued against the immigration fraud charges against him and also argued a case of medical and mental health exceptional hardship to Client’s wife in the event that here were not allowed to reenter the U.S.. There was also a lesser component of financial hardship.

This was a very long process for client and his wife and we are so proud to have been the immigration attorneys he hired to ultimately win the case and gain the ability to reenter the U.S.

Other information on I-601 Waivers

J Hardship Waiver Approval Success Story for Client from South Asia

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Filed: May 22, 2017
RFE: Issued November 17, 2017
RFE Responded to Within Deadline in January 2018
Approved: August 16, 2018

The facts about this case

  • Client is from a country in South Asia.
  • Spouse is on a J2 Visa.
  • The couple has an elementary school aged child.

In this case there were a number of key factors based on the economical and political situation in the country, namely:

  • political turbulence;
  • economic crises;
  • sharp inflation;
  • humanitarian crisis;
  • critical shortage of daily necessities;
  • unavailability of medical care;
  • unavailability of essential medicines;
  • absence of clean water and food;
  • infrastructure issues;
  • lack of education.

All these factors would have an exceptionally negative effect on the child’s safety, health, education, well-being, development, and mental health and would create a situation of extreme hardship.

Here at the The Ranchod Law Group, we relied heavily on our ability to argue the case and document all these negative aspects and conditions the family would experience and endure.

I-612 Hardship Waiver Approval Notice - The Ranchod Law Group

I-612 Approval Notice: Hardship Waiver




Related Information: other I-612 Waivers Approved

I-212 Waiver Approved Following Deportation Order – in 1 week!

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I-212 Waiver Approved Following Deportation Order – in 1 week!

The Ranchod Law Group successfully acquired an approval on behalf of a foreign national client for an I-212 Waiver. This allows our client to pursue consular processing at a foreign embassy and get a green card through the client’s U.S. citizen spouse – without having to wait 10 years! And what’s more, our client received a decision in one week!

I-212 Waiver Approved in 7 days: The Facts

Our client, a foreign national, entered the United States seeking asylum and was placed into removal proceedings. With the help of another immigration attorney, our client asked a Judge for asylum, which was denied and resulted in a deportation order against our client. After unsuccessfully appealing to the BIA and Ninth Circuit, the Deportation order became final.

Our team took on the case and worked tirelessly with the client to accumulate evidence showing the favorable factors that warranted excusing the Deportation order against our client. Under a USCIS memorandum outlining all the positive and negative equities in an I-212 permission to reapply, our team was able to convince immigration to allow the client to get an immigrant visa through his U. S. citizen spouse, without having to wait 10 years after the deportation. Even better, our team was able to provide strong enough evidence that immigration had an easy decision to make – and did so in one week!

Due to our efforts, our client will now be able to travel to his home country and in a matter of weeks, get an immigrant visa – without having to wait for 10 years.

Our efforts demonstrate that even in these hard times for immigrants, diligence and preparation can make even the most hopeless case result in a positive outcome for our clients

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Celebrating the Season

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Birthdays, Hikes, and Speeches

A few weekends ago, our family made a trip out to Ice House Reservoir, a beautiful state park on the way to Tahoe. If you are looking for a weekend in the woods but don’t want to go all the way to Tahoe, this is a great area to go to. We hiked all around and saw some amazing views. It’s a great time of year, isn’t it? The trees start to change colors, the weather gets a little cooler, the kids head back to school, and we get closer to the holidays. I always enjoy the start of fall.

Of course, I might be a bit biased, because September is my birthday month. This year, I’m turning 45, and my sister is joining us for the celebration. We’ll all be heading to Tahoe to spend some quality time together, hiking and enjoying the great outdoors. I couldn’t ask for anything more, and I’m excited to turn 45! Life gets better and better with each year. I have an amazing family, I love what I do, and I get to work with amazing people every day. I feel so blessed, especially with the newest addition to our family – a half Maltese, half poodle pup named Happy. We named him that because he’s so happy! He loves getting his belly rubbed. We adopted him from a shelter, and we’ve been really enjoying the joy he brings to our home.

Fall also means back to school season, and while it’s a little challenging to get back into the routine, (especially returning to early bedtimes) we all adjust to the schedule — including parents! It’s great to see young learners come home with new assignments and build upon their skills from last year.

In my school days, my favorite subject was speech and debate. I know public speaking is a big fear for a lot of people, but I’ve always enjoyed it. We got to travel for different competitions, and I learned how to become a good speaker. That early experience has helped me so much in my career. It was great to have the opportunity to get better at it, because speaking and communicating well are some of the most important skills to have.

I remember one of the topics I chose to speak on was why people should be vegetarian. I’d read a couple books at the time, including “Diet for a New America,” and they made me a hardcore vegetarian. I put together a whole speech on the topic. Unfortunately, my audience wasn’t as excited about it as I was — I think there were too many meat lovers in the crowd!

These days, I’ve switched back to eating chicken and fish because I felt like I needed more protein. Still, I remember debating passionately about that topic. It’s pretty interesting to see how what we learn can change the way we think and behave.

I hope you and your family have a great fall season! To all the learners out there, keep it up! And if you get the chance, I recommend a stop to the Ice House area to get outside and enjoy this season.

Green Card Renewal When You Are Married or Divorced (Form I-751)

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Hi this is Kaushik Ranchod from the The Ranchod Law Group and I want to thank you for tuning in to our weekly immigration show.

Today what we’re going to talk about is… the need to remove the conditions on your greencard if you have a conditional green card.

So why do you get a conditional green card? Well the reason you might get a conditional green card is if you were married for less than two years. In this case you need to remove the conditions on your greencard within two years. You can do that 90 days before the two year period.

What do you do if you’re no longer married? That can be a problem but you can file for what’s called a Waiver of the joint condition filing by demonstrating that there’s a good-faith marriage.

There’s a myriad of ways to demonstrate this. What’s really important is you you have appropriate documentation. For example, joint documents that demonstrate that you were truly married. There is other documentation that you want to submit as well such as affidavits from friends and family members.

To learn more about the procedure, I invite you to contact our office at (916) 613-3553 to find out if you qualify for a Waiver of the joint filing:

  • If you are divorced;
  • If you are planning on a divorce.

It’s important that you contact our office because you do need to file for the Waiver and meet this requirement or you could be put into removal proceedings so I invite you to contact us at ©(916) 613-3553 and I look forward to helping you. Thank you, tune in next week for another video from the The Ranchod Law Group.

Links Related to the Greencard Replacement Procedure:

News About DACA and How It Might Affect You

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Hi this is Kaushik Ranchod from The Ranchod Law Group.
Before we start, just a reminder that everything we say here is not to be considered as legal advice – we’re just providing general information. If you want answers to specific questions, call our office at 916-220-3137.

Alright now we’re gonna move on to DACA :

what is going on with DACA?

It is just crazy right now with all of the different court decisions.

Right now we have Judge John Bates of the U.S. District Court in Washington D.C. who issued a final judgment in favor of DACA : the Washington DC Court has said that they want DACA to go through and that Trump has to reinstate DACA . They gave a 90-day time period for President Trump to object – if he doesn’t appeal the decision then they said on August 23rd DACA would have to be reinstated.

If you have questions call us at 916-220-3137, post or comment below and we will try to answer.

We’re talking about DACA right now so I talked about the DC Court decision. In Texas another Federal Court decision is supposed to be coming out very soon, and we’re expecting them to say that they want to cancel DACA : at the moment we have two federal courts in conflict, so it’s very likely that this will go to the Supreme Court to make the final decision on what happens with DACA but as of right now you can renew your DACA application.

You cannot file a new application, the law of course is going to be changing very frequently so I invite you to just continue to watch our live show we will provide you with updates to let you know what is going on you can call at 916-220-3137 to ask us your specific questions regarding DACA or other immigration questions.

I want to thank you for tuning in to our weekly immigration update and see you next week

Related Information on DACA