Determine the Right Course for Sponsorship

Sponsorship for Your Parent or Child

For those of you who’ve gone through the Naturalization process, the day you got your citizenship may also be one of the most memorable, just as important as weddings, births and graduations – these are some of the most important days of your life.

Reunite Your Family in the U.S.

Now that you have your citizenship, are you thinking about bringing another family member to the United States? Here are some important things to know.

If you are over 21, you can petition for a parent to come to the United States.

Because parents are considered immediate relatives, your parent will not have to wait for a visa number, and this speeds up the process. You’ll begin by filing a petition for your parent, waiting for approval, and once your parent receives their green card, you will be able to reunite.

For children, the process is dependent on age and marital status. If your child is under 21, they are also considered an immediate relative, and you can petition for a green card for them, so they don’t have to wait for a visa number. This makes the process fairly quick.

If your child is over 21 and unmarried, you can file a petition for them, but they will have to wait for a visa number. Currently, wait times vary depending on a person’s home country, but range from 10 to 15 years. A married child of any age will also have to wait for a visa number, and wait times are very long.

If you want to file a petition but are discouraged by the wait times for your parent or child’s situation, contact our office. We may know about another type of petition that’s a better option for your family’s situation. To learn more, call us at (916) 613-3553, or to speak to someone in Spanish call (916) 498-4440.

You are Our Priority – Reflections on 2017

Do you participate in New Year’s resolutions?

It’s a time to reflect on what was positive about the previous year and decide what changes you want to make in the next. The tradition goes back to the ancient Babylonians, who made promises to their gods during a celebration in March. When Pope Gregory adopted the Gregorian calendar, we started making those promises on Jan. 1.

Our office participates in this tradition. Reflecting on the last year helps us see what we want to achieve. We had a lot to feel happy about in 2017. We welcomed two new paralegals to our team, and they are a valuable addition.

Our waiver approval rate was over 20 percent above the national average

We put a lot of work into preparing the legal briefs, audits, correct foreign documentation, and all the information that helps a waiver get approved.

Each member of our team is in charge of different aspects of your case, and we all get to be extremely knowledgeable in those areas. While many firms cover several types of law, we chose to focus on specific areas in immigration law.

Not only is our team knowledgeable, but most of our team members have either gone through the immigration themselves or have family members who did. Their firsthand experience brings something else to your experience here – empathy.

We want to maintain the positive progress, and that is big on our list for 2018. We want to continue to provide you with excellent service. Our dedication is to serving you and people in our community with the high level of work we do.

We’re in no way perfect, and that’s also where resolutions come in. They help remind us that we can always strive to be better, even after we’ve reached our goals. A big part of our job for 2018 is keeping abreast of changes to laws. We’ve already seen many changes under Trump, and it’s possible we’ll see more this year. We stay up-to-date so we can let you know how those changes might affect you.

Personally, I’m also striving to be better. As some of you may relate, I didn’t exercise as much as I should’ve in 2017. I did go on some beautiful hikes with my family, including the best hike of my life at Cascade Falls in Tahoe. But when I got back to my regular work schedule, I found it challenging to make time for workouts.

This year, I want to commit to exercising five times a week and losing some weight. My favorite way to exercise is yoga, and we have some great classes in our area. You might think of yoga as being a quiet, relaxing form of exercise where you don’t sweat much, but that’s not the case in these classes! You’ll sweat through a challenging class. It’s tough, but the physical and mental benefits are worth it.

If you are working on your New Year’s resolutions, know that we’re right along with you. It can be challenging to keep your goal in mind each day, but it’s crucial to do that if you want to see progress. I’d recommend writing it down so you don’t forget about it.

Happy New Year!

New 90-Day Rule Affecting Adjustment of Status For Spouses With a Nonimmigrant Visa






New 90-Day Rule Affecting Adjustment of Status (Green Cards) for Spouses of U.S. Citizens Who Enter The U.S. With a Nonimmigrant Visa

Frequently Asked Questions

What has changed with the recent update in the Foreign Affairs Manual?

On September 1, 2017, The Department of State (DOS) updated the Foreign Affairs Manual (FAM) changing the 30/60-Day Rule to the 90-Day Rule. Even though this is a (DOS) rule, USCIS may still rely on it for determining visa fraud and immigrant intent.

This change will directly affect spouses of U.S. citizens who entered the country with a nonimmigrant visa. The typical scenario arises when a person enters the U.S. with a tourist visa, marries a U.S. citizen, remains in the United States past the expiration date on the I-94 Form and files for DACA. The issue is that a nonimmigrant visa, such as a tourist visa, only allows the recipient to enter the country for conduct consistent with that temporary status. Therefore, if a nonimmigrant enters the United States with the intent to permanently remain, they are misrepresenting their intent at the port of entry. Entering the U.S. by fraud or willful misrepresentation makes a nonimmigrant inadmissible for DACA. Inconsistent conduct within a certain amount of time after admission had been addressed with the 30/60-Day Rule and it has now been replaced with the 90-Day Rule.
Back to the list of Frequently Asked Questions

Which are the Differences between the 30-60-Day Rule and the 90-Day Rule?

Prior to the implementation of the 90-Day Rule, an officer adjudicating an adjustment of status petition for the spouse of a U.S. citizen, could apply the 30/60-Day Rule. This rule allowed a presumption of misrepresentation if the applicant engaged in inconsistent conduct within the first 30 days of admission. A nonimmigrant who engaged in inconsistent conduct after 30 days but within 60 days of admission, would be allowed to present countervailing evidence of misrepresentation. Finally, if the alien engaged in inconsistent conduct after 60 days of admission, the DOS would not consider that conduct alone to constitute fraud.
Back to the list of Frequently Asked Questions

Is the 30-60-Day Rule still valid?

The 90-Day Rule, has now replaced the 30/60-Day Rule. The new rule creates a presumption of willful misrepresentation if an alien engages in conduct inconsistent with his or her nonimmigrant status within the first 90 days of admission. For purposes of applying the 90-Day Rule, conduct that is inconsistent with nonimmigrant status includes but is not limited to:

  • Engaging in employment without authorization;
  • Enrolling in a course of study, if such study is not authorized for that nonimmigrant classification (such as a tourist visa);
  • A nonimmigrant in B or F status prohibiting immigrant intent, marrying a U.S. citizen or lawful permanent resident and taking up residency in the U.S.;
  • Undertaking any activity for which a change of status or adjustment of status would be required, without the benefit of such a change or adjustment.

If an alien engages in inconsistent conduct more than 90 days after being admitted, there is no presumption of willful misrepresentation. However, if the officer has “reason to believe” that there was a misrepresentation, he can request a finding of misrepresentation. A finding of misrepresentation would make an applicant inadmissible for adjustment of status. To reach a conclusion that there was a misrepresentation, the officer must have direct or circumstantial evidence to meet the “reason to believe” standard which requires more than mere suspicion but less than a preponderance of the evidence.
Back to the list of Frequently Asked Questions

Which Scenarios May Trigger the Application of the 90 Day-Rule?

While a nonimmigrant may have entered the country to engage in conduct consistent with his or her visa, it is conceivable that his or her intent may change once here.

Consider this example.

Teresa, a Mexican citizen, enters the country on a tourist visa to visit her U.S. citizen sister who is giving birth to her first child. Teresa is given 90 days to depart the U.S. During those 90 days, she spends time with her newborn niece but also unexpectedly reconnects with her childhood sweetheart, Jose. Jose is now a U.S. citizen and used to reside in Mexico, in the same town as Teresa before he immigrated to the U.S.

Because Teresa’s U.S. citizen sister is busy with her newborn, Jose offers to take Teresa sightseeing. Their childhood love is rekindled and they spend almost every day together. Two days before Teresa has to return to Mexico, Jose realizes that he cannot be without her and asks her to marry him; Teresa and Jose get married the next day and file for Teresa’s adjustment of status shortly thereafter.

Because Teresa engaged in conduct inconsistent with her nonimmigrant visa within 90 days of admission—she married a U.S. citizen—it is likely that the 90-Day Rule will be applied. In order to overcome the presumption that Teresa willfully misrepresented her intentions to engage in only status compliant activity during her visit, she must show that her intent at entry was to visit her sister and return to Mexico within 90 days. Some of the things we can use to show her consistent intent include but are not limited to:

  • Proof of her niece’s birth.
  • Having purchased return flights.
  • Having requested time to travel from employer.
  • Having continued to maintain a residence in her home country during her U.S. visit.
  • Proof that her relationship to her U.S. citizen spouse began after her entry, such as text messages, emails, letters, social media messages and posts, etc.

Even with this evidence USCIS could conclude there was misrepresentation

Back to the list of Frequently Asked Questions

What do I Need to Prepare for the New 90-Day Rule Affecting Adjustment of Status?

In addition to preparing evidence of consistent intent at entry, couples should be well prepared for their DACA interview. The interview will be the most crucial part in establishing consistent intent at entry. An experienced immigration attorney can guide you through the process, file your case, prepare you and your spouse for the interview and attend the interview with you.
Back to the list of Frequently Asked Questions

If you have any questions, schedule a consultation with us, call now (916) 613-3553

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an immigration attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail.

i-601a Waivers and Extreme hardship Explained By Immigration Attorney Kaushik Ranchod






Schedule a consultation with us, call now (916) 613-3553

I-601a Waiver Explained By Immigration Attorney Serving Stockton CA

Another success story by the Ranchod Law Group. Watch this video where immigration attorney Kaushik Ranchod illustrates how they were able to prove extreme hardship.

The Story

The Client, a U.S. Citizen working a job had been demoted, completely relied on her husband for financial support. The couple has a U.S. citizen child. They have had a life together for many years – Juan came into the U.S. without an inspection and without a visa.

At this point they sought help to avoid their family be ripped apart by separation .

We worked relentlessly here at the Ranchod Law Group to prove all the extreme hardship factors – one of the hardship factors is not being separated. Although this may seem to be the most important one, it is not according to the laws and USCIS: unfortunately that is not extreme hardship.

We were able to build a case around a few key factors:

  1. Extreme hardship to the child
  2. Consequent extreme hardship to the parent who is the U.S. citizen
  3. Extreme hardship caused by career disruption
  4. Extreme hardship caused by financial disruption

You may be going through a very difficult moment in your life, you’re probably scared.

We are here to help you. Contact us to learn about your options

We will tell you if you do have an option or not.

The i-601a waiver and extreme hardship waiver described in this video is one great option that we focus on at the Kaushik Ranchod and with which we have had great success.

We have had only one denial since the i-601a came out.

We cannot guarantee the end result, but we will be honest with you and tell whether you have a case or not.

Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

J1 Visa Waiver Applications, Section 212 (e) Approval Notice and Success Story



J1  Waiver Approval Document Section 212(e)

J1 Waiver Approval Document Section 212(e)

J-1 Hardship Waiver Approved for Client from Egypt with Government Funding

Filed: February 23, 2017
Approved: October 24, 2017
We are delighted to share this new Success Story related to a J-1 Visa Waiver Application for one of our most recent Clients.

The Facts

  • The Client had been in the U.S. for several years on a J-1 with government financing and his spouse was a J-2.
  • The couple had a baby, now a young child, born in the U.S.
  • At birth, the child had an abnormal newborn screening and since then had several respiratory infections.

How we Successfully argued in favor of a J-1 Waiver of Section 212(e)

  • We explained if this Waiver were denied, the child would be forced to relocate to Egypt for at least two years because the child cannot remain in the U.S. without his parents.
  • We successfully argued relocation would result in exceptional medical hardship as in the U.S. the child had excellent medical coverage but in Egypt the available medical care is inadequate. In fact we successfully argued that the child received inadequate health care on a trip to Egypt because ill
  • We successfully argued the exceptional hardship to the child’s development and mental health.
  • We also successfully argued other exceptional hardship inherent in the dangerous country conditions.
  • Finally, we successfully argued that the J-1 father faced hardship in Egypt in terms of his employment prospects and future and this was relevant insofar as the hardship would affect the U.S. citizen child.

Schedule a consultation with us, call now (916) 613-3553


Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Increase in the number of Requests for Further Evidence (RFEs)

With the new administration, we have seen a big increase in the number of Request for Evidence (RFEs) for petitioners seeking residency, citizenship, family visas, and employment visas. This means it’s more important than ever to be organized and have all of your information ready when you apply — and during the entire application process. Here are some suggestions for what you should do — and not do — when you are responding to a Request for Further Evidence.

Don’t Panic

Receiving an RFE is not something to panic about, and it does not mean your case will be denied. It does mean the USCIS is asking for more information before they will make a decision about your application. Instead of looking it as a bad sign, consider the RFE an opportunity to make your application stronger.

Do Move Quickly

An RFE does have a deadline, usually of 30–90 days, so it is important to send the information you have and move quickly.

If you don’t respond by the deadline given, USCIS will either deny your application or make a decision based on the information you already gave them. Sometimes an RFE will ask for information that you do not have or won’t have for some time. An immigration attorney can work with you to submit a complete response, so all the evidence for your case will be considered by immigration services.

Do Talk to your Lawyer

Lately, in addition to the increase in RFEs in general, we have also seen an increase in how complicated they are. Many of them are complex enough that having an immigration attorney review and prepare them can help ensure you are not missing anything. Remember, if you don’t submit all information asked for in your RFE, it can be a reason to deny your application.

If you’ve received a Request for Further Evidence after submitting a visa application, our staff at The Ranchod Law Group can work with you to send your response.

Contact us today to discuss your immigration questions.

The Importance of Filing Properly for an I-751 Petition

How Should I file for an I-751 Petition to Remove Conditions on Residence?



The removal of conditions process is an additional safe-guard that USCIS (U.S. Citizenship and Immigration Services) uses to make sure that a marriage was bona fide before approval for a permanent green card.

If you obtained your green card through marriage and have been married for less than two years when you received your green card, that green card will be temporary for two years

You must file an application for removal of conditions, Form I-751, during the 90-day period immediately before your conditional residence expires. This allows you to obtain your “permanent” green card which is valid for ten years.

However, if the petition to remove conditions is not filed, you will automatically lose your permanent status two years from the date on which you were granted conditional status and you will become removable from the United States.

As we discussed, the purpose of this filing is so that USCIS can verify that the marriage was bona fide from its inception. In other words, USCIS wants to make sure that the marriage was entered into in good faith and not for the sole purpose of obtaining the immigration benefit. Filing Form I-751 alone will not be sufficient to receive an approval of the removal of conditions. In fact, you are guaranteed to receive an RFE (Request for Evidence) if you do not include evidence of the bona fides of the marriage. RFE’s are issued frequently, even where evidence is submitted. An RFE can cause undue delays leading to the beneficiary’s conditional green card to expire while the petition is pending. Therefore, it is imperative that you file your case properly and with substantial evidence from the beginning.

What evidence should accompany your Form I-751?



The evidence that you include with your petition should cover the period of time from the date of the marriage to the present. Here are some examples:

  • Birth certificates for any children born to the marriage;
  • Lease agreements listing both spouses as leasees;
  • Joint bank statements;
  • Proof of jointly owned assets;
  • Insurance policies listing the other spouse as beneficiary;
  • Jointly filed taxes;
  • Joint bills;
  • Photographs.

Is it possible to avoid the I-751 Interview?



Yes. As part of the I-751 removal of conditions process, both spouses are required to appear at an interview (INA § 216). Most couples fear this interview because it involves being subjected to what can be intrusive personal questions about their marriage. What’s more, if something goes wrong during the interview the conditional resident status maybe in peril. However, if USCIS is satisfied from the initial filing that the marriage was bona fide they may waive the interview and approve the I-751 petition. Having an experienced attorney guiding you through the document collection and filing process will increase your chances of avoiding and RFE and having your interview waived.
This blog entry is not, nor is it intended to be, legal advice. This blog is for educational purposes only. Remember that each case is unique.

Schedule a consultation with us, call now (916) 613-3553


Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

I-601a Waiver Approval Document and Success Story







I601-A Waiver Approval Document for Client with DACA

I601-A Waiver Approval Document for Client with DACA

I-601A Waiver for Illegal Entry and for Being in the U.S. Illegally Approved for Client with DACA

Filed: December 12, 2016
Approved: September 18, 2017

The Facts of this Case

  • Client is a young man with DACA
  • He is married to a U.S. Citizen
  • Thankfully he was never too sure about DACA‘s future and began the process to obtain his lawful permanent residence (his green card)
  • Since his parents brought him into the U.S. illegally, he needed to obtain an I601-a waiver before he could receive his lawful permanent residence

In order to win these waivers we have to prove that his qualifying relative, in this case his U.S. citizen wife, would suffer extreme hardship both if she remained in the U.S. without client and also if she relocated abroad to be with client.

Additional Facts Proving Extreme Hardship

  • Client’s wife was dependent on client as he is the primary financial provider for the family, a role he could not fulfill from abroad
  • The couple recently purchased their own home which she could not pay for if he was forced to go abroad
  • The wife is in college and she could not continue her education without client’s support and she also could not continue her education abroad
  • If client left his job his wife would lose her health care coverage

Finally,. We crafted arguments around these circumstances and we are so happy client is able to become a lawful permanent resident, especially now that DACA has been discontinued.

Schedule a consultation with us, call now (916) 613-3553


Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

J Waiver Approval Notice and Success Story for Doctor from China




J1 waiver approval notice

Filed: December 22, 2016
Approved: September 1, 2017

Our client is a doctor who was subject to the two year home residency requirement and was seeking a J1 Visa Waiver.

She was married to a lawful permanent resident and together they have U.S. citizen baby.

Winning the Case, Proving Exceptional Hardship

In order to win these cases we have to prove client’s resident spouse would suffer exceptional hardship both if:

  • he went with client to her home country for two years;
  • he remained in the U.S. while client completed her two year home residency requirement abroad.

We successfully argued that in the scenario of relocation there would be exceptional financial hardship to the resident spouse because the resident spouse would have to leave his employment and it would be very difficult to obtain good employment in China because his educational foundation, experience, and connections are all tied to the U.S. – If he left his employment he would also lose his and their daughter’s health insurance which they need.

In terms of separation client’s spouse does not feel capable of raising his daughter without his spouse.

We also argued his daughter does not have lawful immigration status in China. In addition to needing his wife in the U.S. as a co-parent we argued he depends on his wife to be in the U.S. emotionally for his mental health and for regulation of his diet.

We are so happy this accomplished doctor, loving wife, and mother, does not have to comply with the two year home residency requirement.

Schedule a consultation with us, call now (916) 613-3553


Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

J Waiver Approval 09/08/2017




J1 Waiver approval – section 212(e)

J Waiver Approved for Client from Eastern European Country with Department of State Funding

  • Filed January 25, 2017
  • Approved September 8, 2017

Our Client married a woman born in the U.S. In order to win this case we had to prove client’s U.S. Citizen wife would suffer extreme hardship both if:

  • she went with client to his home country for two years
  • she remained in the U.S. while client completed his two year home residency requirement abroad

How We Argued Extreme Hardship

  • In terms of relocation we argued that the wife does not speak the language in client’s home country and she would be socially isolated and unable to continue working abroad.
  • We also argued with our own supporting evidence there would also be safety issues which would accompany relocation.

.

Either of the above scenarios, relocation or separation, would also result in exceptional financial hardship for the wife because client is the primary financial provider, a role, we argued, he could not fulfill from abroad.

Either scenario we also argued would result in exceptional hardship to wife’s mental health.

Either scenario would also result in wife losing her health insurance coverage which is dependent on client’s employment and she has needed for her past medical issues.

J waiver cases with Department of State funding are notoriously difficult to win and now that his waiver has been approved we are so happy that this client can stay with his American wife in their home in the U.S.

Schedule a consultation with us, call now (916) 613-3553


Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.