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What is the difference between an employment authorization document and a greencard?

What is the difference between an employment authorization document and a greencard?

Immigration attorney answers your questions about work permits and greencards

What is the difference between an employment authorization document and a greencard?

What is the difference between an employment authorization document (EAD or work permit) and a greencard (lawful permanent residence)?

One of my Sacramento client’s question took me completely by surprise: the client said to me, if I have a work permit, why do I need a greencard? Sometimes, as an immigration lawyer, I need to inform my clients of the benefits and drawbacks of obtaining a greencard or naturalization if they do not know the basics. The differences between a work permit and a greencard are very important and certainly worthy of your attention.

A work permit is merely a TEMPORARY card that allows you to work legally in the U.S. temporarily. You cannot obtain a work permit by itself. A work permit is a benefit of some sort of underlying status.

For example, you cannot come to the U.S. and simply apply for a work permit just because you want to work in the U.S., you have to have an underlying right to obtain a work permit, some sort of employment visa or other ground. Accordingly, when the basis for your work permit finishes, your work permit also terminates. For example, if you have a pending employment green card and it is denied, your work permit (which was obtained on the basis of that pending application) becomes invalid and you are left without the ability to work in the U.S.

By contrast, with a greencard, you are always allowed to work legally in the U.S. Your permanent greencard (a conditional green card is only valid for two years) is valid for ten years but even if the greencard card itself expires you are still considered a lawful permanent resident (“greencard holder”).

While a work permit is temporary, a greencard is considered permanent (note, it is possible to lose your greencard if you abandon the U.S., commit certain crimes, consider yourself a nonresident for tax purposes, or other grounds). A greencard is considered permanent because you will have it indefinitely unless you do something wrong deserving of losing it. This is in contrast to a work permit, which will terminate when the underlying basis expires.

Additionally, a work permit does not give you a basis to apply for naturalization (U.S. Citizenship). You must first be a lawful permanent resident (greencard holder) to apply for naturalization. Only U.S. Citizens can vote and unlike both holders of work permits and greencards, U.S. citizens generally can never be deported from the U.S. Again, only green card holders have the ability to qualify for naturalization, being the holder of a mere work permit is not enough.

For any questions, call us at (916) 613-3553 so that we can schedule a consultation. We represent clients throughout the fifty states with offices in Sacramento and Stockton.

Ten Mistakes to Avoid When Applying for a Marriage Based Greencard

February 26, 2014/0 Comments/in Marriage Green Cards /by Alex

Obtaining your greencard after marrying a United States Citizen can be a positive and happy experience but common mistakes can make the process needlessly stressful. Here are some common mistakes you should avoid when applying for your marriage based greencard:

Failing to file all of the necessary forms with the correct filing fees and requisite paperwork at the correct filing location: Unfortunately, immigration does not make it easy for you to obtain your entitled benefits. You must be certain to file all of the necessary forms: the spousal petition, the adjustment application, the biographic forms, the work authorization application, etc and to pay the immigration fees corresponding to the forms so that your case can be accepted for processing. If you omit a required form or forget to pay a fee your case will be rejected. You must also submit all of the required paperwork corresponding to each form. Also, immigration periodically changes the filing location for its cases so it is important to verify that you are sending your case to the correct address. An immigration attorney will of course correctly take care of all of this for you.
Waiting to apply thereby delaying your benefits: You and your spouse should apply for your marriage based greencard immediately after getting married. The longer you wait, the longer you will go without the benefits to which you are entitled and the longer you subsequently have to wait in order to apply for naturalization (U.S. Citizenship). Couples delay the process for many reasons, too burdensome, too costly, but delaying your benefits comes with a price as well. You may contact our office to learn more about the greencard process at (916) 613-3553 or info@ranchodlaw.com.
Not anticipating how long the process will take for you to obtain your marriage based greencard: In a similar vein to the second most common mistake, many couples fail to account for how long it will take to complete processing of the marriage based greencard. After obtaining the requisite paperwork and filing the forms, you must attend a biometrics appointment and then the couple must attend an interview together. After approval, the greencard usually takes another four weeks to arrive in the mail. Hence, applying as soon after the marriage as possible is wise. In Sacramento San Francisco, and San Jose immigration offices we are noticing processing times that are taking approximately 3-8 months or longer before the interview date. Please note that these government processing times are always changing.
Not being thorough and honest in your application: Both spouses should be completely thorough and honest in their applications. For example, when the application asks for all places of residence and all employers for the last five years, it is important to list every single residence and every single employer for the entire five year time period. If you are incomplete or dishonest in your application and immigration catches you in a lie, the immigration officer may begin to wonder what else you are lying about. You definitely don’t want the immigration officer to think you are lying about the validity of your marriage.
Not gathering paperwork in support of your application: In addition to the basic required paperwork (certificates, passport style photographs, etc.) you will need to gather paperwork to help prove the legitimacy of your marriage. Examples of this latter type of paperwork may include copies of joint bank accounts, bills, proof of a shared home, photographs of shared life experiences, and testimonials from loved ones or other individuals with knowledge of the relationship. Don’t be lazy! Get the documents together so that the immigration officer doesn’t have any doubt as to the validity of the relationship.
Missing your appointments: When immigration schedules you for an appointment (biometrics or the interview appointment) it is very important to attend. If you do not attend, your case will be delayed and could even be denied. If immigration schedules you for an appointment at a date or time that you cannot attend, your attorney can reschedule the appointment for you. It is better to reschedule the appointment then to simply not attend.
Not preparing for your interview: It is very important to prepare yourself for your immigration interview. Your attorney can advise you as to the typical format of these interviews, some common questions asked, and some of the tactics used by some immigration officers. If you appear nervous at your interview, the officer may think that you are trying to deceive the immigration authorities and, in turn, your interview can become more intensive. It is best to know what to expect so that you can be relaxed and appropriately responsive.
Not discussing the basics of your relationship with your spouse: Prior to your interview it is going to be very important for you and your spouse to go over some of the basics of your relationship. For example, when and how did you meet, the details of your engagement, the details of your wedding, recent celebrations, finances, etc. It is fairly common for one spouse to misspeak at the interview in regards to a date and then it makes it seem like the couple is lying. Also, two answers can both be true but different. For example, to the question of how the couple met, one might say “online,” while the other says “in a bar.” Both are true (the couple first learned of each other online but met for the first time in a bar) but if the couple gave these answers at their interview the immigration officer might think that the couple is making up their answers and are not in a true relationship. Your immigration attorney will go over all of the common questions in your preparation interview.
Thinking that immigration will give you the benefit of the doubt: Immigration will NOT, I repeat, WILL NOT, give you the benefit of the doubt if you or your spouse misspeaks or accidentally provides incorrect information. For example, if you say that you started dating in 2002 and your spouse says 2001, immigration will not write this off as a faded memory, absolutely not, immigration will question you believing that you’ve made up the details of the relationship for the purpose of obtaining unwarranted immigration benefits. Also, if immigration has any doubt, your case will be denied.
The final and most critical mistake couples make is not hiring an immigration attorney. There are so many things that can go wrong if you do not have the proper advice and guidance. Hiring an immigration attorney from the inception is affordable and will make the process as stress free and efficient as possible. We see so many couples who don’t come to us until after immigration issues a request for additional evidence or worse, a denial. Don’t let this happen to you. Contact us today at (916) 613-3553. We have offices conveniently located in Sacramento and Stockton, California but we help clients throughout the United States.

Greencard vs. U.S. Citizenship FAQ

January 23, 2014/0 Comments/in Green Card /by Alex

green card vs. U.S. Citizenship

Green Card FAQ

green card vs. U.S. Citizenship FAQ

Ultimately, many of our clients desire to become lawful permanent residents (green card holders) or U.S. Citizens. Each status carries its own benefits. Here we will address the more common questions we hear in our practice from newgreen cardholders and naturalized U.S. Citizens.

Do I need a work permit?

green card holders and U.S. Citizens do not need a work permit to work legally in the U.S. As agreen cardholder or U.S. Citizen you can prove your ability to work lawfully in the U.S. by showing an unrestricted Social Security card and your unexpired permanent resident card, US passport, or naturalization certificate, as applicable.

Do I need a travel permit to travel outside of the U.S.?

green card holders and U.S. Citizen do NOT need a travel permit, please see below for further details as applicable:

green card holders: In general, to travel to another country you will need to present a passport from your country ofCitizenshipor your refugee travel document, and you will need to present a valid, unexpiredgreen cardto return to the U.S. You must also pay attention to whether the foreign country you are visiting has any additional entry/exit requirements (such as a visa).

Note that asgreen cardholder you may be found to have abandoned your status as a lawful permanent resident if you spend too long abroad or otherwise indicate that your travel abroad is not of a brief or temporary nature. Please see our prior post on that topic.

U.S. Citizens: As a U.S. Citizen, you can travel abroad with your U.S. Passport. U.S. Citizens can remain abroad without restrictions and without fear of losing their U.S. Citizenship.

Can I vote?

green card holders CANNOT vote. Only U.S. Citizens can vote.

Do I have to file taxes?

Yes! Filing taxes as required is mandatory for bothgreen cardholders and U.S. Citizens. Others in temporary status who work in the U.S. are also required to file taxes.

Can I ever be deported?

green card holders can lose theirgreen cardstatus and face deportation. A common reason agreen cardholder can be deported is for certain criminal convictions. U.S. citizens, provided there was no fraud in obtaining the U.S. citizenship, do not need to fear deportation.

Can I be a dual citizen?

Generally, you can keep your home country’sCitizenshipeven if you become a U.S. Citizen. Some countries however, do not allow dual citizenship. Please contact us at (916) 613-3553 to schedule a consultation so that we can advise you as to your specific situation.

If you are interested in becoming a lawful permanent resident (getting your green card) or becoming a U.S. Citizen we encourage you to contact us at (209) 219-2377 to discuss your options. We can schedule a meeting at our offices inSacramentoor Stockton or we can meet telephonically or via Skype if you are not in the area.

We are available for all of yourimmigrationneeds.

3 Year H1B Extension Process [[VIDEO]]

January 16, 2014/0 Comments/in H1B Visas /by Alex

How does a person on an H1B visa get a 3-year extension? Let’s watch a short video about 3-year H1B extensions:

Remember that you should consult with a qualified immigration attorney before attempting any change in your legal status. Call The Ranchod Law Group today at (916) 613-3553. Our offices are located in Sacramento, Santa Clara and San Francisco, and we meet with new clients daily. We also assist callers from anywhere in the world!

Published by: Ranchod Law Group

Conrad 30 vs. J1 Hardship Waiver for Doctors [[VIDEO]]

January 16, 2014/0 Comments/in Conrad 30, Hardship Waivers, I 601 Waivers, J1 Visas /by Alex

Here’s a video for foreign physicians that eplains the difference between two options that doctors have when seeking to avoid the tow-year home residency requirement of immigrating to the U.S. on a J1 waiver:

The Ranchod Law Group answers all of your immigration questions. Just call (916) 613-3553 and we will do our best to help you through this stressful process. With offices in Sacramento, Santa Clara and San Francisco, we are ready to take your call, and we even assist people in different time zones around the globe remotely!

Published by: Ranchod Law Group

Immigration Process for Doctors [[VIDEO]]

January 16, 2014/0 Comments/in H1B Visas, J1 Visas /by Alex

How do doctors immigrate to the United States? Immigration attorney Kaushik Ranchod provides an overview:

Remember that you should consult with a qualified immigration attorney before attempting any change in your legal status. Call us today at (916) 613-3553. Our offices are conveniently located in Sacramento, Santa Clara and San Francisco and we remotely assist clients all over the world.

Published by: Ranchod Law Group

Can You Stay in the U.S. on a Cap Gap while H1B is Pending?

January 15, 2014/0 Comments/in H1B Visas /by Alex

What if my OPT is set to expire before my H1B takes effect?? Cap gap to the rescue!

If you studied in the U.S. in F status, you are probably familiar with OPT (Optional Practical Training), which temporarily allows you to work in the U.S. in your major area of study. Now what happens if your OPT is set to expire before your pending or approved H1B is set to take effect? This is where cap gap, the automatic extension of your F status until your H1B status takes effect, comes to the rescue! Take the hypothetical of Luisa:

Luisa studies in the U.S. and obtains one year of OPT from April 15, 2013 until April 15, 2014. Luisa, who otherwise qualifies for a H1B, has found an employer to sponsor her for the H1B. The earliest Luisa’s employer can file for the H1B is April 1, 2014 and the H1B won’t be effective until October 1, 2014. So what is Luisa supposed to do from April 15, 2014 (the date her OPT expires) until October 1, 2014 (the date her H1B becomes effective)? Thankfully, immigration regulations allow individuals like Luisa with pending or approved H-1B petitions to remain in F status.

The period of time when an F student’s status and work authorization expire through the start date of their H1B is known as the “cap-gap”. The automatic extension of F status until the start of the H1B is referred to as “filling the cap-gap.” Again, the extension of the F status until the start of the H1B is automatic. In the hypothetical above, Luisa can continue living and working in the U.S. from April 15, 2014 (the date her OPT would have expired if not for the cap gap) until October 1, 2014 (the date her H1B becomes effective).

Now, what happens if USCIS (U.S. Immigration) denies, rejects, or revokes an H1B petition filed on behalf of an individual in F status covered by the automatic cap-gap extension? In that unfortunate scenario, the individual will have the standard 60-day grace period (from the date of the notification of the denial, rejection, or revocation of the petition) before s/he is required to depart the United States. Note that the 60 day grace period does not apply in cases of status violations, misrepresentation, or fraud.

A final common question concerns travel during the cap gap. If you travel outside of the U.S. during your cap-gap extension you will NOT be able to return in F status. Instead, you will need to apply for your H1B visa at a consular post abroad prior to returning.

If you have questions or need help with your H1B or other immigration matters please contact us at (916) 453-3553. If you are in the Sacramento or the Bay Area you can arrange to meet us in one of our offices or, if elsewhere in the U.S., we’d be happy to consult with you over the phone or Skype.

Published by: Ranchod Law Group

Proving Extreme Hardship: Health

December 9, 2013/0 Comments/in Hardship Waivers, I 601 Waivers /by Alex

In September, we discussed an actual case in which health hardships qualified for the extreme hardship waiver. We now return to that topic to explain how to prove an extreme hardship based on health.

Certain immigration cases require proof of extreme hardship. Cancellation of removal before the immigration judge and waivers for most crimes and immigration fraud, for example, all require proof of extreme hardship. J1 waivers require proof of exceptional hardship. The immigration authorities are looking for hardship beyond that which would typically be expected if you are separated from your loved one..

Previously we discussed emotional and financial hardship. Today we will discuss a third type of common hardship, hardship related to medical conditions.

We often have clients tell us that their family members do not have any health issues but this is rarely the case. Some of the common health issues we see include:

Hospitalizations
Surgeries
Allergies
Asthma
Diabetes
High blood pressure
Infections (respiratory, ear, etc.)
Stomach or digestive troubles
Issues during pregnancy or child birth
Any medical complications whatsoever

Clients often forget to mention or overlook some or all of the above but each piece of information is critical to supporting your case for extreme hardship.

For example, what if your child suffers from an occasional ear infection? You may think it is no big deal, you get him the antibiotics and in a few days he is fine. But what will happen in your home country? Will you have the same access to doctors and medications? What about the money to cover those medical expenses?

Another example would be if your spouse suffers from allergies or asthma. Here it may be no big deal but perhaps in your home country the air quality is worse and access to medical services limited.

While a more severe medical problem might be enough by itself to prove extreme hardship, more minor medical issues still help build your case. Allergies and asthma in and of themselves are probably not enough for a finding of extreme hardship but perhaps in combination with other factors might be sufficient.

Related to our previous posting on the topic of emotional hardship it is important to discuss mental health issues. If one of your immediate family members suffers from depression or anxiety it is important to document this for your immigration case. We’ve also helped clients whose children suffer from attention deficiency or autism. We also have the sensitivity to help clients whose family members are afflicted by other serious mental health issues like schizophrenia or bipolar disorder.

The types of papers that can help prove hardship related to health conditions include letters from doctors and specialists. Also, copies of past medical records and tests, and copies of prescriptions and medical labels can be used. We will research each medical issue on your behalf and not only provide the immigration authorities with all of the information they need but also explain to the authorities the gravity of the condition in terms that they understand. Immigration adjudicators are not health professionals, we take it upon ourselves to inform immigration about your case and try to persuade them in your favor.

Remember that an I-601 waiver, a J1 waiver, or a cancellation of removal case doesn’t have to hinge on just health issues. Immigration will look at the medical conditions, if any, in combination with other types of hardship like financial and emotional hardship. If you would like to discuss how your particular circumstances amount to hardship, please call us at (916) 613 – 3553. We have offices in Sacramento, Santa Clara and San Francisco and clients all over the U.S. and abroad.

Published by: Ranchod Law Group

Proving Financial Hardship

December 8, 2013/0 Comments/in Hardship Waivers, I 601 Waivers /by admin

In September, we discussed an actual case in which health hardships qualified for the extreme hardship waiver. We now examine financial hardships.

Many immigration cases will require you to prove extreme hardship in order to obtain an approval. For example, cancellation of removal before the immigration judge and waivers for most crimes and immigration fraud all require proof of extreme hardship. For J1 Hardship waiver cases, financial hardship is one factor that will be considered in evaluating your case.

Extreme hardship can take many forms including emotional, health, and/or financial.

Today, we will be discussing how you can prove financial hardship.

It is a common misconception that to prove financial hardship you have to be the sole breadwinner for your family. This is simply not the case. Both a sole provider and an individual who provides essential financial support can prove financial hardship.

The types of papers you need to prove financial hardship include proof of income like pay stubs or your income tax returns. Also, proof of expenses for your family like rent/mortgage, utilities, food, transportation, and health related expenses (doctors visits and medication).

You will also need papers to prove your response to the following questions:

1. Why can’t you support your family from or in your home country?

This is a two part question. If your family can’t go back to your home country with you, why can’t you send them money to support them from abroad? If your family can go with you to your home country, why can’t you support them there?

The types of papers concern the poverty levels in your home country and papers to prove your qualifications and your potential income in your home country.

2. Isn’t there someone else who can take over your current financial responsibilities?

For example, why can’t your spouse work to make up for the income lost as a result of you returning to your home country? The types of paper needed to respond to this question could be papers to prove that your spouse can’t work because of other responsibilities (children, caring for an elderly parent, etc) or papers to prove that your spouse is in fact working and simply doesn’t make enough.

The response to this question could also be simply that there is no one else available to take over your financial responsibilities. This is often the case in single parent households.

Remember that a cancellation of removal case or a waiver case doesn’t hinge on just financial hardship. Immigration will look at the financial hardship, if any, in combination with other types of hardship like emotional and health, which we will be discussing on our blog soon. If you would like to discuss how your particular circumstances amount to hardship, please call us at (916) 613 – 3553. We have offices in Sacramento and San Francisco, Santa Clara and clients all over the U.S. and international.

Entering and Reentering the U.S. Illegally – Is 245i a solution?

November 28, 2013/in Green Card /by Alex

At both our Sacramento and our Stockton offices we often meet individuals who have entered the U.S. illegally via the border on more than one occasion. In specific circumstances, it is actually still possible to get your greencard. Take the following scenario:

Luis is a hardworking family man. In the early 1990s, Luis crossed the border into the U.S. as a young man in search of a better future. Since then, he has lived and worked in the U.S. except for two times that he returned to Mexico. Once, shortly after his arrival, he returned to Mexico during the holidays and a second time in 1996 to see his ailing mother. Luis has resided in the U.S. since prior to April 1, 1997. Luis does not have legal immigration status in the U.S. but it is possible for him to get his greencard. Here’s how:

The first possible method for Luis to get his greencard is by virtue of a law in the Immigration and Nationality Act (INA) called 245(i). If you are the beneficiary of a petition (I-130) filed by a family member OR filed an application for labor certification on or before April 30, 2001, AND if you were physically present in the U.S. on December 21, 2000 you may be able to obtain your greencard even though you entered illegally multiple times, as long as you were in the U.S. before 1997. Let’s say, for example, that Luis had a U.S. Citizen sister or if Luis had married a U.S. Citizen. If either of these women filed a petition (an I-130) on or before April 30, 2001, since Luis was in the U.S. on December 21, 2000, he could possibly get his greencard using the law called INA 245(i). Additionally, Luis doesn’t even need to use the same I-130 to get his greencard. His sister or his wife could have petitioned for him originally but now he can use a new petition (let’s say he has a U.S. Citizen son who is over 21) to get his greencard.

INA 245(i) is a complex law with numerous components so if think you might qualify please contact one of our offices. If you apply for your greencard without actually being eligible you could be placed in removal (deportation) proceedings so it is best to consult with us to ensure eligibility.

With the above option, note that the multiple illegal entries are before 1997. This date is important because a law called the Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) became effective on April 1, 1997. Immigration law has many little nuances and with the right information you may be able to achieve your dreams rather than face deportation. Confide in our knowledge and experience to help guide you in your immigration matters – (916) 613 3553.