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Everything you need to know about how to get a work permit in 2021 if you are an immigrant who wants to work legally in the USA.

Although immigration procedures can sometimes be complicated, fortunately, the procedure to submit an application for a work permit in the USA, or employment authorization document (EAD), is quite simple. However, it is essential to ensure that you meet all the requirements before submitting the application, to avoid wasting time and money.

The first steps to obtain a work permit are simple. You will need to complete a USCIS form called Form I-765 or Application for Employment Authorization, and pay the corresponding fee, as well as send all necessary documents to prove that you are eligible. To help you go through this process with ease and avoid making unnecessary mistakes that can jeopardize your application, below we answer the most frequently asked questions when applying for a work permit through Form I-765.

What are the requirements to apply for a work permit?

A work permit is available only to some groups of migrants, and they are mostly intended for those who are already in the process of applying for an adjustment of status or Green Card, or who already have some type of visa or temporary permit to reside in the United States.

Among other cases, the work permit application is available for:

• K-1 fiancé visa holders
• Spouses of many types of visa holders
• Persons with Temporary Protected Status (TPS) or Deferred Forced Departure (DED)
• F-1 students experiencing financial hardship or seeking optional practical training (OPT)

In some cases, it is also possible to obtain a work permit if you received political asylum. For a complete list, you can consult the official USCIS page, where you can read in detail what type of immigrants can access this benefit. If you have questions about your immigration case or that of a family member, do not hesitate to contact us!

In addition, it is important that you do not confuse the application for a work permit (EAD) with the application for a temporary work visa for the United States, such as an H-1B. These are different processes, each with its own rules and requirements.

How do I complete the USCIS Form I-765 to obtain a work permit in the USA?

The form that you will have to fill out for your work permit application is called Form I-765, available for free download on the USCIS website. Most of the form consists of completing your personal data and does not require further explanation. You must enter your name, contact information, place of residence, among other information.

But it is important that you take into account some details. For example, question 22 asks about your last entry to the United States. Many people get confused and write the date of their first entry into the country, but what USCIS wants to know is what was the last time you entered the country, even if you already resided in the country and only made a short trip abroad. In the “Entry Form” section, Form I-765 also requires you to specify the type of visa you used to enter the country.

Question 27 is a bit harder. You will need to check the complete Form I-765 instructions (also available on the USCIS website) to find out which eligibility category you fall into.

For example, some of the more common categories include:

• Category (a) (5) for whom asylum protection was granted.
• Category (a) (12) for people with Temporary Protected Status (TPS).
• Category (c) (3) (C) for students undertaking optional practical training after completion of their studies.
• Category (c) (5) for J-2 spouses of a J-1 exchange visitor.
• Category (c) (9) for anyone with a pending application for adjustment of status (Green Card).

If your category has only two letters or numbers, don’t worry about the fact that there are three empty spaces on the form. Just write the corresponding letter in the second pair of parentheses and the number in the third.

What evidence must I submit with the work permit application?

To prove that you are eligible to apply for a work permit, you must submit a photocopy that proves your immigration status described in Question 29. For example, if you submitted your application as an asylee, you will need to attach a copy of the letter from the asylum office or the order granting you asylum. In either case, the Form I-765 instructions detail what documents you must submit.

However, keep in mind that if you apply for a work permit at the same time as you submit an application for adjustment of status or TPS, you will not need to include proof of eligibility. USCIS will determine that you are eligible from the request you submitted.

How much is the work permit fee?

In 2021, the fee amount is $410. But USCIS fee amounts change frequently, so we recommend that you check the website for the updated amount. If you also initiated a deferred action procedure, you will have to pay a biometric fee of $85.

Some categories of applicants do not need to pay the fee. For example, those who simultaneously file an application to adjust their status are usually already covered with the fee paid for this form. To make the payment you can send the money by money order, check or credit card.

How do I submit my work permit application to USCIS?

Most applicants must submit the I-765 application to USCIS by mail. Search the website carefully to find out which address to send your request to. The address will depend on your eligibility category, and it will be different if you use the US postal service or a private courier service.

For some categories, online submission is also available. For example, this option was available to F-1 students who applied based on optional practical training (OPT) in mid-2021, and it is expected that it could soon be expanded to other categories.

Finally, we recommend that you make a complete copy of everything you submit in your application package, including checks, before submitting it. This will be very useful in case there are problems with the shipment or if you want to consult an immigration attorney later to help you with your case.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-0800!

The promised and belated immigration reform will also benefit rural sectors, which have lost much of their population and desperately need migrant workers to improve their economy.

According to the latest national census, the rural American population has lost much of its population, and if immigration reform is passed, migrant workers could boost the economy of the sector favorably. Many rural companies have pointed out the problem and are demanding Congress the creation of legal avenues to guarantee the residence of migrant agricultural workers.

Census data also reveals that some recent population increases in some rural areas were primarily driven by Latino residents or migrants. Many originally entered the country as migrant workers or to start their own ventures.

“We have struggled on this issue for a long time to try to find a more reasonable and common-sense approach. Vilifying immigrants only makes it more difficult to get there.”

Commented John Hansen, president of the Nebraska Farmers Union, part of a group of farmworkers in favor of immigration reform.

Some Republican state lawmakers blamed the labor shortage on supplemental unemployment benefits, which they say do not incentivize work because they pay more than some low-wage jobs. Instead, Democrats see a persistent job crisis in the sector.

Immigration reform and the difficulties in recruiting workers in rural areas

The population trend is clear in Nebraska, where only 24 of the state’s 93 counties recently gained residents. A recent study by David Drozd, coordinator of the Center for Public Affairs Research at the University of Nebraska in Omaha, suggests that most of the growth was driven by minorities and migrant sectors.

Drozd analyzed the census data and found that the Nebraska counties with the most racial diversity are those where businesses like meatpacking plants are located. Without Latino growth, Drozd adds, employers in these areas would be struggling even harder to fill those positions.

In New Mexico, the population declined in 20 rural counties stretching from the Great Plains in Oklahoma to the US-Mexico border. Desperate for workers to guarantee Chile’s annual harvest, the state this week pledged to provide up to $ 5 million in federal pandemic aid to subsidize the wages of pickers and workers at Chile’s processing plants, increasing available wages to $ 19.50. The time. The New Mexico Chile Association says the industry is short of about 1,350 temporary workers out of the 3,000 workers needed.

The same occurs in many other rural areas of the country, where the labor of migrant agricultural workers is increasingly needed, and immigration reform is offered as the only possible solution to the economic and population decline of the sector.

For many Republicans in rural areas, migrant workers should have “a path to legal residence.”

Nancy Weeks, secretary of the Republican Party for Haskell County in southwestern Kansas, said that if undocumented immigrants living in the United States want to move to the area and work, they must be provided with a way to obtain legal status.

“I have no problem with them coming here as long as they are legal. It is the ones who do not become legal that I have a problem with.”

Weeks declared.

The challenge is bigger in Midwestern states that have the highest unemployment rates in the country. Al Juhnke, executive director of the Nebraska Pork Producers Association, said his organization would like to see changes that allow seasonal migrant workers to stay in the country longer.

“These people buy houses. They bring their families. They go to our churches. They make money and spend it locally. It is really beneficial for these communities. “

Juhnke declared.

Previously, other studies showed that immigration reform is a way to ensure the economic prosperity of the country, in addition to allowing millions of migrants who live and work in the United States as children to be out of illegality. It is becoming increasingly clear that securing this important reform is the necessary path to a better future for all Americans.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at (281) 606-0800!

If you’ve been thinking about immigrating to the United States, then you must have already come across the classic green card vs visa debate. What you need to know is that there are different types of visas, and different ways of getting a green card — each one made for a particular situation. It might seem like a complicated topic at first sight, but don’t worry, we’ll make it simple.

In this post we’ll compare green card vs visa to discover which one is better for each case and which will be more useful to you.

What’s the Difference Between Green Card and Visa?

Whether you’re thinking about emigrating or visiting the United States, you’ll need either a green card or a visa. Depending on your plans, you might end up using both. That’s why it’s important to know what green cards and visas are for.

What’s a Green Card?

A green card is an immigration document that gives its holder lawful permanent residency in the US. This means they can live and work here indefinitely. It will give you the ability to work, study, and travel without any restrictions or conditions.

Having a green card grants you conditional residency in America and can lead to full citizenship status if it’s renewed every ten years (or less). Sounds nice, right?

There are different situations in which someone can apply for a green card to become a permanent resident. These are some of the most common ones:

• Family-based: Probably the most popular one. You can apply for it if you have close relatives that are U.S. citizens. This includes immediate family members like parents, siblings, and children. It works for widows or widowers of American citizens, too.
• Through Employment: You can apply for a green card if you accept a job offer in the U.S., and your employer has already filed a visa petition on your behalf (or is willing to do so).
• Through Investment: You’ll need to invest at least $500,000 into a new business venture that will create jobs in America for a minimum of 10 citizens.
• Through Lottery: The green card lottery is a program that gives people from countries with low rates of immigration to the US more chances of getting green cards. It has an annual cap of about 50,000 green cards and anyone can enter as long as they’re from one of those qualified countries. However, the list is so big that almost anyone can take part in the lottery.
• For Humanitarian Reasons: You can apply for a green card if you are a refugee, victim of crimes, or have been granted asylum. It also applies for cases of abuse and human trafficking.

In the green card vs visa battle, a green card is what you turn to when you’re seeking permanent residency. However, it’s not easy to get it, so it’ll be better for you if you talk with your immigration lawyer to prepare a plan.

Green Card vs Visa: A green card grants you permanent residency

Types of Visa

Whether you want to visit, immigrate, or just temporarily live in the United States, you’ll need a visa. Sometimes a visa can even be the first step towards getting a green card, in case you want permanent residency.

Getting a visa is usually easier than getting a green card, which makes it ideal for moving to the U.S. as quickly as possible. However, since most of them come with an expiration date, you’ll have to be smart with your time and prepare a long-term plan.

There are many types of visa —which also means many opportunities—, but these are the two main categories that cover them:

• Non-Inmigrant Visa: This type of visa allows the holder to visit the United States and live there for a certain amount of time. How long? It depends on your activities. The type of visa you’ll need for work is not the same as the one for education, medical reasons, or business trips.

• Immigrant visa: This type of visa is given to people who want to live in the United States permanently. It’s naturally harder to obtain, but it will open the way for you to get a green card and residency without worries. It has to be obtained prior to traveling to the United States and the process for getting it is quite complex. The easiest way is usually by getting sponsored by a family member.

In the green card vs visa debate, the advantage of a visa is that it is more versatile and easier to get. Even within the areas we just mentioned, you’ll find tons of different categories with their pros and cons, so you’re better off consulting with an expert about your possibilities. The right visa might just be out there, waiting for you.
Green Card vs Visa: It’s easier to get a visa

Are Green Card Holders Elegible for Medicare?

A green card grants you permanent residency in the U.S. but it doesn’t grant you any special benefits on its own. By default, having a green card doesn’t mean to have access to medicare — there are certain requirements you need to fulfill first.

The green card medicare eligibility process is pretty straightforward. In order to qualify for medicare, green card holders are required to be a citizen or to have been living in the U.S. for five years, and to have paid taxes with no breaks during that time. Then, you can get access to medicare but only by buying it from the government.

In any case, you’re always better off consulting with an expert. Every person is different and depending on your situation, you might even have unique opportunities to easily immigrate to the United States. So, don’t hold off, and talk with an immigration attorney that can help you fulfill your dreams in a new country.

Governor J.B. Pritzker will terminate contracts with all immigration detention centers in the state of Illinois.

This Monday the state of Illinois passed a set of laws that will effectively end the detention of migrants within the state. This plan, promoted by Governor J.B. Pritzker will also restrict the ability of local law enforcement authorities to cooperate with federal immigration agencies.

The new law aims to nullify local agreements with Immigration and Customs Enforcement (ICE) that allow local jails to house detained immigrants while they await their immigration court hearings. Currently in force contracts must be terminated before January 2022 and new agreements will be prohibited.

Currently, three Illinois counties (Kankakee, Pulaski, and McHenry) have agreements between federal agencies and state jails. According to ICE, state prisons in Illinois hold a total of 260 detained migrants.

“Every family, every child, every human being deserves to feel safe and secure in the place they call home.”

Pritzker said at an event in Aurora where he officially signed a package of new laws protecting the rights of migrants.

The new law that promises to end immigration detention centers in Illinois

Once current contracts are terminated, the measure signed Monday by Pritzker effectively nullifies Immigration and Customs Enforcement’s ability to detain migrants within the state of Illinois. Most of those detained by ICE across the country are held in private or local government-run facilities.

The agency only operates a few of its own detention centers, and none are within the state of Illinois. The state also banned the hiring of private immigration detention centers in 2019, after several failed attempts to build new facilities near Chicago.

In recent years, other states and cities have finalized local agreements to house ICE detainees, such as California and Washington. Without any real progress on the matter of immigration reform at the federal level, many states have also resorted to banning private detention centers.

In this scenario, unless there are some legal impossibilities or other exceptions, ICE’s options are to transfer the current detainees to other states or to release them. Spokesmen for the agency declined to comment on the Illinois state plan.

Resistance to abiding by the new law in opposing counties

Pro-immigration sectors fight for the release of detainees, arguing that imprisoning people who wait for immigration procedures to be resolved not only goes against the rights of migrants but is also costly for the state. However, some state officials fear losing benefits and hampering necessary cooperation with federal authorities.

In McHenry County alone, the ICE deal brings about $ 10 million annually to the local economy, according to local board chairman Michael Buehler. That’s a significant amount of money for the small county in northern Illinois, which has an annual budget of approximately $ 200 million. Buehler added in an interview that the governor’s decision will negatively affect dozens of workers and services and that they would explore options to fight the measure.

Illinois: a sanctuary state for migrant rights

This new law deepens a previous measure from 2017, in which the state of Illinois was established as a “migrant sanctuary” that, among other things, prevented local police from making arrests on behalf of ICE. This recent advance in immigration matters also greatly restricts interactions between immigration agents and police forces unless there is a criminal case and restricts ICE’s access to local police equipment and facilities.

To ensure compliance, the law also empowers the state attorney general to investigate any possible violation of this regulation. And within the package signed by Pritzker, the creation of a task force was also established with the objective of evaluating how the state police and other state services affect migrants.

At the Law Office of Shelle-Ann Simon, we are always happy to hear good news for migrants in the United States, and we congratulate the Illinois government for its commitment to justice and fighting an inhuman migration system, which still today holds detainees in many states and counties across the country.

If you are in need of immigration legal advice, do not hesitate to contact us! We have wide experience in immigration proceedings, family law and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at (281) 606-0800!

The government confirmed that it will continue to expel migrants at the southern border of the United States for health reasons through the expedited deportation enabled under Title 42.

This Monday, the Center for Disease Control and Prevention (CDC) confirmed that it will go back with its plans to lift the health measure known as Title 42 and will continue to apply deportation for health purposes. This is due to fears of a new spike in coronavirus infections.

Over the past few months, with a record number of undocumented migrants attempting to cross the southern border of the United State, the Biden administration has maintained the order that allows expedited deportation for health reasons, inherited from the previous administration. Despite protests from pro-immigration allied sectors, government spokesmen repeatedly noted that the order served a necessary function in a pandemic context.

However, in the last few weeks, the government expressed its intentions to lift the order. For many critics, expedited deportation through Title 42 was less a measure to protect public health than a politically correct way to remove migrants. Now, the CDC insists that allowing the uncontrolled entry of migrants across the border creates danger of dispersal of new variants of the virus.

The delta factor: the danger of new variants

The recent global spread of the highly contagious delta variant has reinforced the argument for the need to maintain a sanitary measure such as rapid deportation under Title 42 to minimize the entry of people into the country. In addition, the rapid spread of this new variant of the virus comes at a critical time for border agents, who say they are overwhelmed and argue that lifting this measure would only worsen a delicate humanitarian crisis situation.

However, even though the Democratic government has used the rule to quickly expel single adults and even many migrant families, the measure has not been applied to migrant children arriving unaccompanied.

Pressures to abolish swift deportation from pro-immigration sectors

On Monday, the American Civil Liberties Union (ACLU) initiated a lawsuit against the Biden administration hoping to force its hand to lift the order for migrant families. According to an ACLU member, the organization held unsuccessful negotiations for months to try to have the measure overturned.

“Now it is clear that there is no immediate plan to do that. She made repeated public statements that the administration only needs some time to rebuild the asylum system that the Trump administration destroyed. We gave them seven months. Time is up.”

Lee Gelernt, lead attorney on the ACLU case, said in an official communication Monday.

The government’s response to the ACLU’s demands

In a court filing in response to the lawsuit initiated by the ACLU, the Democratic government insisted that blocking the application of this measure will only lead to the collapse of the already overburdened immigration system and worse humanitarian conditions for migrants. The overcrowding at the southern border posts makes it very difficult to apply public health measures and basic precautions such as social distancing.

The statement also adds that more and more migrants are testing positive for coronavirus, as well as border officials. For David Shahoulian, the assistant secretary for border and immigration policies at the Department of Homeland Security (DHS), maintaining the deportation order under Title 42 is crucial to preserving public health in the current circumstances.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at (281) 606-0800!

If you’re wondering what is a U Visa and what’s it for, this post is for you. The U Visa was created for those people who have been victims of crimes such as domestic violence or exploitation. It is designed to give them a chance to stay in the country as long as they’re helpful in the persecution of criminals or any (relevant) illegal activity. This visa also includes family members.

The U Visa was created based on the Violence Against Women Act (VAWA). The program has been expanded to include human trafficking and other crimes like blackmailing, extortion, and stalking.

The main objective of the U Visa is to encourage immigrants to report crimes that they otherwise wouldn’t have reported and to keep them safe during the investigation. Although it was created with crimes of domestic abuse in mind, it has been expanded and today it also covers a wide range of crimes, including those related to the workplace.

What’s a U Visa? It’s a visa made for victims of crimes that took place in the U.S.

What is the U Visa For?

Having U Visa status allows you to access these benefits:

• Being able to legally reside in the U.S. for up to 4 years.
• Authorization to work during that time without restrictions.
• It allows your immediate family members to live in the U.S. as long as they qualify.
• After 3 years, you’ll be able to apply for permanent residency and get a green card.

Requirements to Get a U Visa

There are a few things that are required from you before you can apply for a U Visa.

• You must have been the victim of a qualifying crime. That crime needs to be reported and fully investigated.
• You must have information concerning that crime, and that information has to be helpful.
• You must be willing to cooperate or have cooperated in the investigation or prosecution of the criminal activities.
• You have to be able to prove that the crime you’re reporting took place in the U.S. or violated local, state or federal laws.
• You must be admissible to the United States. If that’s not the case, you may still be able to apply for a waiver.

If you meet these requirements, don’t hold off on consulting with your immigration lawyer so they can help you get your U Visa as quickly as possible.
The U Visa has certain requirements that you need to meet.

What Happens After a U Visa is Approved?

After your application to get your U Visa is approved, you will receive the following documents:

• A U Visa Approval Notice.
• An I-765 Approval Notice.
• Employment Authorization for the U.S.
• I-192 Approval Notice.

After receiving these documents, which shouldn’t take longer than a month, you will be able to work and travel through the U.S. without restrictions. However, it’s not recommendable that you travel outside the country during the first three years. You can technically do it, but you’ll have to undergo consular processing and lots of questions.

Unfortunately, when it comes to public benefits, U Visa holders don’t have access to programs like Medicaid, SSI, and TANF. However, you may still be eligible for other programs.

It is also recommended that you obtain a social security card.

Adjustment of U Visa Status

As a U nonimmigrant, you may be eligible to adjust status and become a lawful permanent resident after three years of continuous presence within US borders. Keep in mind that you must have a valid U Resident status on the date you file the Form I-485, so don’t wait till the last hour to start the process.

You’ll be asked to present proof of different issues, such as evidence that you’ve been helpful in the investigation of the crime, a self-affidavit attesting three years of continuous presence, as well as many different documents.

To be in good company during the entire process and be able to ask your concerns at all times, don’t hold off and talk with the best immigration lawyer in Houston.

What is a U Visa? — Everything You Need to Know 4

What Crimes Qualify For a U Visa?

U.S. Immigration authorities have new guidelines for qualifying criminal activity that could make a person eligible to receive U visa status. It’s an exhaustive list of behaviors that includes some crimes like stalking or assaulting immigrants on the basis of their race, color, or national origin.

It doesn’t only cover violent crimes, but also crimes related to abuse, exploitation, and threatening

Here’s the full list:

• Abduction
• Abusive Sexual Contact
• Being Held Hostage
• Blackmail
•  Kidnapping
• Manslaughter
• Murder
• Sexual Exploitation
• Slave Trade
• Stalking

• Domestic Violence
• Extortion
• False Imprisonment
• Felonious Assault
• Obstruction of Justice
• Peonage
• Perjury
• Prostitution
• Rape

• Female Genital Mutilation
• Fraud in Foreign Labor Contracting
• Incest
• Involuntary Servitude
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint
• Sexual Assault

Would you like to know more about under what circumstances you can apply for a U Visa or to get help in obtaining it? Don’t hold off and talk with the best immigration lawyer in Houston