APPLY FOR POLITICAL ASYLUM HERE:

The term POLITICAL ASYLUM technically refers to people who fear persecution based on political beliefs. However, asylum can be granted for a broader range of reasons, including that the person faces persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

The better option is to file an affirmative asylum application, using USCIS Form I-589. You must submit this form within one year of your entry to the United States — or at the latest, one year after your visa status ends. (See an attorney if you’re thinking of applying for asylum and that date has passed — some exceptions apply, for example 
if the situation within your country changed after the one-year mark.)

You may apply for asylum regardless of your current immigration status. In other words, unlike in other categories of immigration benefits, it will not matter that you entered the U.S. illegally or are living there illegally now.

After submitting your I-589 application for asylum, with supporting documents, the application will be processed and two months later, you will be requested to attend an interview with an Asylum Officer. The Asylum Officer will review your case and ask numerous questions, designed to both test your credibility (whether you’re telling the truth) and whether you truly deserve asylum. It will be necessary for you to answer these questions truthfully and openly about any persecution or abuse suffered. The job of the Asylum Officer is listen to the facts surrounding your petition, and decide whether to approve asylum within the United States.

If the Asylum Officer does not approve your case, and you do not appear to have valid legal status in the U.S., the officer will refer it to an immigration judge. If you are here legally, the Asylum Officer will grant you time in which to provide additional information before the application is denied.

If You’re Picked Up By Immigration Authorities Before You Have a Chance to Apply

You might never get the chance to submit an affirmative asylum application if the immigration authorities arrest you first. In that case, you will likely be placed in removal proceedings, and have a hearing before an immigration judge. You can submit your application for asylum to the court at that time.

After Asylum is Granted

If asylum is granted, you will need to remain within the United States for one year before you can apply for permanent residency (a green card).

If you are not sure about the procedure and wish to increase your chances of getting your political asylum case approved CONTACT NYC IMMIGRATION ATTORNEY HUMA KAMGAR FOR AN APPOINTMENT TODAY!

HUMA KAMGAR, ESQ.,
305 BROADWAY, 14TH FLOOR
NEW YORK, NY 10007
CALL NOW FOR AN APPOINTMENT:
212-323-6887
VISIT:
www.asylumanddeportation.com

Leave a comment

Filed under Uncategorized

IMMIGRATION STATUS FOR ILLEGAL CHILDHOOD ARRIVALS:

IMMIGRATION STATUS FOR ILLEGAL CHILDHOOD ARRIVALS:

 

What Is Deferred Action?

“It makes no sense to expel talented young people 
who, for all intents and purposes, are Americans.”
– Barack Obama
Obama

Deferred Action is a new policy developed by the Department of Homeland Security designed to allow certain people who did not intentionally violate immigration law to continue to live and work in the United States.

What this means is that children who were brought into the United States illegally and who have grown up in America did not set out to break any immigration laws. Since they are not responsible for what happened when they were young it is unreasonable to punish them. The DHS has decided that it is unnecessary to deport eligible immigrants if they meet certain guidelines.

In order to receive this benefit you must file an application for Deferred Action along with an application for employment authorization. If approved, you will be able to work in the United States legally.

Who Is Eligible For Deferred Action?

In order to be eligible for Deferred Action you must:

  • Have entered the United States when you were younger than 16 years of age;
  • Have been in the United States for five years prior to June 15, 2012 (small trips outside of the United States for humanitarian reasons won’t impact this requirement);
  • Be older than 15 to apply;
  • Not be older than 30 years of age;
  • Have either graduated from a high school or equivalent, enrolled in school or are a veteran of the United States military;
  • Submit to a background check and have a clean record without felonies, misdemeanors (other than maybe one or two small misdemeanors), or any evidence of you being a threat to the country
  • What Are The Required Documents For Filing Deferred Action?

    When you file for Deferred Action you will need to provide documentation that proves that you qualify.

    • To demonstrate that you came to the United States before you were 16, that you have lived in the United States for five years and that you were in the United States as of June 15th, 2012 you will need
      • Financial records,
      • Medical records,
      • School records,
      • Employment records or
      • Military records.
    • To show that you are in school, graduated, in the military or were honorably discharged you will need a
      • Diploma,
      • GED certificate,
      • Report card,
      • High-school transcript,
      • Report of separation form,
      • Military personnel record or
      • Military health record.
    • IF YOU BELIEVE THAT YOU MEET THE ABOVE CRITERIA, OR YOU ARE NOT SURE, AVOID SCAMS AND NON LAWYERS …PLEASE CONTACT EXPERIENCED IMMIGRATION ATTORNEY
    • 212-323-6887
    • HUMA KAMGR, ESQ.,
    • 305 BROADWAY, 14TH FLOOR
    • NEW YORK, NY 10007
    • 212-323-6887
    • www.asylumanddeportation.com

Leave a comment

Filed under Uncategorized

NATIONAL INTEREST WAIVER AS A WAY TO GREEN CARD!!!!!!

The Mystery of National Interest Interest Waiver Green Card!!!!

What is “National Interest “?The National Interest waiver, waives requirement of a labor certification and the necessity of having an offer of employment, but it does not waive the basic “entry“ requirements for second preference classification. Therefore, only after the second preference (EB2) threshold is satisfied can a National interest waiver be considered.

Three factors must be considered when evaluating a request for a NIW.

  • Area of Substantial Intrinsic Merit
  • Proposed Benefit of National Scope
  • Significant Benefit in the “National Interest“ Field
The Immigration Act of 1990 states that the standards for a national interest waiver under the EB-2 category are “significantly above that necessary to prove prospective national benefit“.
Other than that, the law does no indicate specifically what counts for National Interest. USCIS believes it appropriate to leave the application of this test as flexible as possible. The burden of proof will rest with the foreign national to establish that exemption from or waiver of the job offer will be in the national interest. Each case will be judged on its own merits.
We have found that the range of cases and decisions indicates that the government requires a fairly direct benefit to the community-at-large before it will agree that a job is in the national interest. Factors that have been considered in successful cases include:
  • The foreign person’s admission will improve the U.S. economy.
  • The foreign person’s admission will improve wages and working conditions of U.S. workers.
  • The foreign person’s admission will provide more affordable housing for young, aged, or poor U.S. residents.
  • The foreign person’s admission will improve the U.S. environment and lead to more productive use of the national resources.
Applying these criteria, or variations involving other factors such as cultural enrichment.Generally, the USCIS Service Centers has ruled national interest in an array of occupations, including: Reserchers in medical and chemistry, corporate vice-president; computer programmer; anthropology professor; and amazingly enough a mall general manager.
  • Higher Approval Rate for Science Field: Historically, there has been a higher approval rate for scientific occupations and a lower approval rate for social science applications. Some artistic fields may also be successfully included in this category.

IF YOU BELIEVE THAT YOU MAY MEET SOME OR ALL OF THE ABOVE CRITERIA OR YOU ARE NOT SURE BUT YOU DO POSSESS PAST CREDENTIALS AND QUALIFICATIONS IN ANY SCIENCE FIELD FOR EXAMPLE BUT NOT LIMITED TO BIO MEDICAL, MEDICAL OR CHEMISTRY OR PHYSICS OR STATISTICS OR MICROBIOLOGY DISEASE RESEARCH ETC, DO NOT LET THE OPPORTUNITY DIE AND TAKE ACTION TODAY TO TAKE ADVANTAGE OF THE EXPERTISE, EXPERIENCE AND DILIGENCE OF NEW YORK CITY BASED IMMIGRATION ATTORNEY HUMA KAMGAR, ESQ.,

HUMA KAMGAR, ESQ.,
305 BROADWAY, 14TH FLOOR
NEW YORK, NY 10007
CALL NOW FOR AN APPOINTMENT:
212-323-6887
VISIT:
www.asylumanddeportation.com

contact Immigration Attorney NYC :
Huma H. Kamgar, Esq.,
212-323-6887

VISIT:

http://www.asylumanddeportation.com

Leave a comment

Filed under Uncategorized

NYC IMMIGRATION ATTORNEY HUMA KAMGAR WINS A MOTION TO REOPEN A TEN YEARS OLD IMMIGRATION CASE!!!!!!:

In 2001, a Chinese woman from Fujian province of China was denied any and all relief by the Immigration court in New York. she was not considered for her asylum application. Eleven years later she found NYC Immigration attorney Huma H. Kamgar, at 305 Broadway 14th floor, New York, NY 10007. After discussing her immigration case with her, Huma Kamgar prepared and filed a Motion to reopen the case with the Immigration Court. Based on the in depth research and persuasive legal argument presented in the motion combined with strong supporting documentation, the motion to reopen was granted by the Immigration court after eleven years of the denial and  closure.
If your asylum/ immigration  case had been denied or closed many years ago and you have been told that now you have no remedy any more, please do not give up…. contact Immigration Attorney NYC :
Huma H. Kamgar, Esq.,
212-323-6887

VISIT:

http://www.asylumanddeportation.com

Leave a comment

Filed under Uncategorized

NYC IMMIGRATION ATTORNEY HUMA KAMGAR WINS A MOTION TO REOPEN A TEN YEARS OLD IMMIGRATION CASE!!!!!!:

In 2001, a Chinese woman from Fujian province of China was denied any and all relief by the Immigration court in New York. she was not considered for her asylum application. Eleven years later she found NYC Immigration attorney Huma H. Kamgar, at 305 Broadway 14th floor, New York, NY 10007. After discussing her immigration case with her, Huma Kamgar prepared and filed a Motion to reopen the case with the Immigration Court. Based on the in depth research and persuasive legal argument presented in the motion combined with strong supporting documentation, the motion to reopen was granted by the Immigration court after eleven years of the denial and  closure.
If your asylum/ immigration  case had been denied or closed many years ago and you have been told that now you have no remedy any more, please do not give up…. contact Immigration Attorney NYC :
Huma H. Kamgar, Esq.,
212-323-6887

VISIT:

http://www.asylumanddeportation.com

Leave a comment

Filed under Uncategorized

ATTORNEY HUMA KAMGAR: WAS YOUR ASYLUM CASE DENIED BY THE IMMIGRATION JUDGE AND YOU WERE FOUND TO BE “FRIVOLOUS”???

HUMA HANRATTY KAMGAR, New York Immigration Attorney, won motion to reconsider on appeal with the Board of Immigration Appeals  (BIA) having reversed and vacated Immigration Judge (IJ) finding that the asylum applicant had filed a “frivolous” application nine years ago. 

For all asylum  applications filed on or after April 1, 1997, an application is subject to the provisions of section 208(d)(6) of the Act only if a final order by an immigration judge or the Board of Immigration Appeals specifically finds that the alien knowingly filed a frivolous asylum application.

The Immigration forms and Immigration courts routinely provide asylum applicants with Warning Against Filing a Frivolous Asylum

If you file a frivolous asylum application, you will be PERMANENTLY BARRED from seeking any form of discretionary relief in the United States, including adjustment of status, cancellation of removal, or voluntary departure.
For immigration purposes, an asylum application is frivolous if any of its material elements is deliberately fabricated.
Remember, the credibility of your claim is at issue in an asylum case. What you write in your application, and what you say under oath in an asylum interview or in an immigration court, will decide whether you are a credible person and have acredible claim.

If the immigration judge finds that you have filed a fraudulent asylum application, not only will you have a deportation order that will be difficult to reverse on appeal, but you will never be able to apply for any other form of discretionary relief!
So, if you knowingly submit a fraudulent asylum application, you are subject to the harsh penalty of permanently becoming ineligible for other relief, regardless of sympathetic circumstances.
A frivolous finding is basically a “death sentence” for immigration purposes, so you should never file a frivolous application.
However, if for some reason an Immigration Judge finds that an asylum applicant has filed a “frivolous asylum application” you can challenge that finding later on.
In 2003, an asylum applicant was denied asylum and all other relief and was also slammed by the Immigration judge with a “frivolous finding”. The immigration judge’s finding that the asylum applicant had filed a frivolous asylum application banned the applicant FOREVER from receiving any immigration benefit under the Immigration & Nationality Act. The applicant was ordered deported.
Years later, in 2010 while still in the United states, the applicant met, fell in love and married a U.S. citizen.  When the U.S. citizen wife petitioned for the applicant as her husband to get the green card or adjustment of status it was denies by the Department of Homeland security (DHS). The reason for the denial of adjustment of status petition was the “frivolous finding” of 2003.
In 2011, the applicant and his wife consulted and retained NYC Immigration attorney Huma  Hanratty Kamgar. By a motion to reconsider on appeal, attorney Huma Hanratty Kamgar was able to get the “frivolous finding” reversed and vacated by the Board of Immigration Appeals (BIA). Despite strong opposition by the DHS, immigration attorney Huma Hanratty Kamgar, successfully persuaded the BIA to reverse and vacate the “frivolous finding”.  The BIA stated in pertinent part that “we agree that sua sponte reconsideration of that aspect of our prior order is warranted” “we will sua sponte reconsider and vacate that aspect of our …order affirming  the immigration judge’s frivolous finding.”
Because of successful and  sound legal arguments made by immigration attorney Huma Hanratty Kamgar and the resulting victory enabled the applicant to file for a green card based on marriage to a U.S. citizen and he will be able to adjust status without leaving the United States.
Also Check out A successful motion to Reopen made by Huma Kamgar wherein the asylum applicant was denied without a hearing more then ten years ago and violated voluntary departure order…Upon a motion to eopen based on complexed legal basis the case was reopened by the immigration judge for a new hearing and a new asylum claim!!!!!!
Click on the following link:
 If you or any one you know is facing similar predicament please do not delay in despair. Help may be just a phone call away.
Contact:
NYC IMMIGRATION ATTORNEY HUMA HANRATTY KAMGAR at
212-323-6887
Please visit:

Leave a comment

Filed under Uncategorized

Hello world!

Welcome to WordPress.com! This is your very first post. Click the Edit link to modify or delete it, or start a new post. If you like, use this post to tell readers why you started this blog and what you plan to do with it.

Happy blogging!

1 Comment

Filed under Uncategorized