What are the requirements for
applying for a green card?

What are the requirements for
applying for a green card?

What are the requirements for
applying for a green card?

What are the requirements for
applying for a green card?

What are the requirements for applying for a green card?

What are the requirements for applying for a green card?

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In the last several months, USCIS has threatened furloughs because applications were down. The agency depends on applicants’ filing fees for most of its operating money. At the end of July, USCIS announced fee increases to take place effective October 2nd, 2020, which would address budget shortfalls claimed by the agency.

On Tuesday evening a Federal Judge in California granted an injunction stopping USCIS from applying the new fees on October 2nd. The court’s order applies to all of the fee increases and covers applicants in all states.

Does this mean I have more time to file my application at the current rates?

The short answer is – Yes. Current fees will remain in place… for now. As long as the injunction is in place, the fees stay the same. There is also a hearing on the underlying lawsuit challenging the fee increase in December.

However, government attorneys will be filing appeals to get the injunction lifted. If the injunction is lifted, the new fee schedule may go into effect.

We are still encouraging our clients to complete their applications and file ASAP.

Why was the fee increase blocked?

In short, the Judge found that the heads of USCIS and Department of Homeland Security were unlawfully appointed, and therefore unable to make these rules. Additionally, the process of making the rules did not follow the requirements set out by the Administrative Procedures Act, which includes “disclos[ing] adequate information about the thinking and data on which” they are basing the rules. While the government argued the fee increases were needed to keep the agency afloat, according to the court, much of the USCIS budget was left unexplained.

The Court also focused on some key aspects relating to the new asylum rules. USCIS’s rule would require asylum seekers to pay $50 for their asylum application. This is a major shift that would make the United States one of only a handful of countries charging for asylum. The Judge felt that USCIS failed to sufficiently justify the policy shift, and relied on factors that Congress never intended for them to consider.

When will the fees go up?

USCIS would be able to use the new fees if the injunction is lifted, which may happen by order of another judge. There is no telling if or when that may happen, but we do know there will be a hearing on the case in December. If the government wins at the hearing, the new fees may go up soon after that.

We will continue to monitor the case and provide updates as they may become available.

In the meantime, we encourage applicants to file applications with USCIS as soon as possible.

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FAQs

Program: A plan or schedule of activities and procedures to be followed to accomplish a specific goal.

We’ve taken our years of experience handling marriage-based green cards and built a clear, understandable, predictable system that we and our clients follow to build and submit what we consider a winning application package. We stick to a set schedule to cover all aspects of building an immigration case, instead of a looser attorney/client relationship that is less structured. We find that using our system keeps our clients accountable and on track to reach milestones and goals and allows us to dedicate the time necessary to each of our clients’ important cases.

You should, if that’s what you want. In fact, we encourage you to speak to other law firms that handle only immigration law to understand their offerings and compare all of your options, since every one of our colleagues in immigration law will handle your case in their own way. We are not replacing the typical law firm, we are offering something different for those that want it. Over the last 10 years of serving clients in our area we’ve worked with all kinds of people and found that a large number of cases could be streamlined through our system, which would allow us to better serve our clients with value and an enjoyable experience.

However, our program is not well suited to complex cases, clients who want on-demand access to their attorney, clients who have difficulty with technology, or clients wanting in-person meetings. In those cases, we can either offer a more traditional attorney/client relationship (of which we have very limited availability) or we can refer you to one of our colleagues.

Our programs are not for everyone, and we don’t want to waste your time if this is not well suited to your case. Once you enter our program, our goal is to file your application package within 30 days, but some people don’t have certain required documents or information and it may take more than 30 days to get them (e.g. birth certificate, divorce decree, valid passport, etc).

That doesn’t mean you are never eligible for our program, it just means we have to get you to a place that you have what you need to be able to start the program. We can do that by taking a seat deposit to secure your future spot in the program and giving you guidance and information on getting the documents you need. By completing the quiz, you get to see if our program is suited to your case (either now or in the near future), or if you would be better off in a more traditional attorney/client relationship. At the end of the quiz, you will be able to schedule a call from our team to discuss your case further.

We do as much of the work for you as we can. We won’t make you fill out endless questionnaires on your own – we find that when our attorney collects your information, they are able to address questions in real time, making the process much simpler for you.

But the success of your application will also depend on the things that only you can do. Your job will be to get, and submit, evidenece that you have or will be creating (e.g. setting up accounts) during the program. That involves scanning and/or saving digital document files and uploading them to our online portal. Besides that, you will just have to attend your scheduled appointments and give us your full attention. Easy, right?

While we wish we could push all of our clients’ cases through the immigration agency faster, no one has control over how fast immigration agencies process green card applications. What we can do, together with you, is control how fast we get your case from the starting line to submission so your applications can get into the government’s process ASAP. The sooner your case is filed, the closer you will be to reaching the milestones and ultimate goal – green card in hand!

In a perfect world we would guarantee that your applications will be approved, but the reality is thatย no oneย can guarantee resultsย because the decision to approve your case is in the hands of the Immigration Officer reviewing your case. What weย canย guarantee is that we will apply all of our years of experience and expertise in immigration law to put together what we consider to be an approvable application package under the law and regulations. If, during the program, we determine that your case is not approvable, we will discuss your options and may be able to offer a partial or full refund of your investment.

As you read this right now, you don’t. We haven’t met yet. But we will have a chance to talk on the phone or by video before we determine if we are a good fit for you and if you are a good fit for us and our program. And if we all decide this is a good fit and you join the program, you will have an orientation call where you will learn more details. We are confident that you will like the program, but if after that call, you change your mind, we will give you a full refund of your investment. That’s because we want you to achieve your goals in the best way that works for you.