Persecution in US Asylum Applications

An Asylum applicant has the burden of proof to establish either past persecution or well-founded fear of future persecution; whereas the government is either unwilling or unable to protect the applicant from harm or would be part or cause of the persecution.
To establish past or future persecution the applicant may ask for protection from harm because of his race or religion, national origin, his political opinion or membership in a particular social group.The notion of persecution has been applied broadly based on specific facts. For instance: except when discrimination is outrageous, it would not be grounds for persecution

Or mere harassment would not amount to persecution. Generally speaking, economic hardship does not amount to persecution, except when it would cause a threat to an individual’s life or liberty. Asylum applications are fact specifics; where multiple factors need to be considered. It is highly recommended to consult with an attorney most familiar or willing to get familiarized with your facts. Do not use your limited experience to apply

This is an immigration legal blog. It is not intended to be used as legal advise. For further information please contact the law offices of attorney Ramona Kennedy. Ramona Kennedy ( Attorney) is a member of American Immigration Lawyers Association (AILA).
Email: Kennedycounsel@gmail.com
Phones: 13106230080 & 19496770063
Imo: 13106230080 & 19496770063
Telegram: 19496770063
Office Locations:
Los Angeles (WestWood) Location
Openheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Location
5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

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Job Creation Requirements of an Eb5 (Investment Immigrant) Visa

Eb5 is an Immigrant Visa program that was created to boost the US economy in 1992 and by far each year US Congress has extended the program. Foreign investor may purchase a business that has lost capital and through expenditure of capital and employment of effective management rescue the failing business.

Investor of the failing business must maintain the number of employees and avoid layoffs to qualify for approval of his visa. If the foreign investor decides to create a new enterprise, he must hire at least 10 qualified employees for duration of 2 years and pay a market rate salary to each employee who would work at least 35 hours per week.

Qualified employees are US citizens, Green Card Holders, Refugees, Asylees and Pending Applicants in withholding of removal procedures who have work authorizations. Those eligible to work in the US based on a non-immigrant visa are not qualified.

The amount of investment depends on the location of the enterprise. Regular US zip-codes require 1 million dollar. Zip-codes with high rate of unemployment would allow $500,000 instead. This amount would offer Green Card to applicant, his spouse and all of his children who are under 21 years old.

Eb5 direct investment is a great way to procure a Green Card. It would also allow the investment to be in control of the investor. For more information on your eligibility and to find out how Kennedy Law Offices could help you in receiving your Immigrant Visa, Contact our office Via email, phone or Imo Application during California Business Hours.

This is an immigration blog. It is not intended to be used as legal advise. For further information please contact the law offices of attorney Ramona Kennedy. Ramona Kennedy ( Attorney) is a member of American Immigration Lawyers Association (AILA).

Email: Kennedycounsel@gmail.com
Phones: 13106230080 & 19496770063
Imo: 13106230080 & 19496770063
Telegram: 19496770063
Office Locations:
Los Angeles (WestWood) Location
Openheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Location
5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

THE SIGNIFICANCE OF EB1-A IMMIGRANT VISAS:

EB1-A is a sub-class of Employment Based Immigrant Visas (EB Series) for applicants of extraordinary ability in the science, art, business, education, or sports. Unlike most applicants in this category, applicants for Eb1A do not need a sponsored employer to petition their migration to the US. There is no need for Labor Certificate or Petitioners Request with USCIS.

As a matter of law, the applicant would be self-petitioner of his own immigrant visa and of derivative visas for his spouse and all his children under 21 years old. A successful application would have three strong arguments based on provided evidence as followed: The Applicant has sustained national or international acclaim with recognized achievements.

The Applicant must be entering the U.S. to continue to work in his chosen field, and his work must substantially benefit the U.S. national interest. Upon approval of petitioner’s application with USCIS, National Visa Center (NVC) would receive a formal request from USCIS to allow an interview at one of the designated US consulates and upon successful interview the applicant and his family members could enter the US with an immigrant visa.

The USCIS processing time for these applications vary. An average time is less than a year. To find out whether your resume may qualify you for this type of visa, you may contact an Immigration Attorney.

This is an immigration blog. It is not intended to be used as legal advise.

For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy ( Attorney) is a member of American Immigration Lawyers Association (AILA).

Email: Kennedycounsel@gmail.com
Phones: 13106230080 & 19496770063
Imo: 13106230080 & 19496770063
Telegram: 19496770063
Office Locations:
Los Angeles (WestWood) Location
Openheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Location
5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

What Do OFAC Rules Mean?

OFAC is the abbreviation for the Office of Foreign Asset Control, US Department of Treasury. In pursuit of sanctions against Iran, US government has set up rules and regulations in reference to limitations of money transfers between US and Iran.

Enforcement of such rules are done in collaboration by
OFAC Agents, Federal Bureau of Investigation, Secret Service and other Relevant Agencies in Joint Task Force. The important point in all those rules and regulations is that OFAC licensing must be relevant to specific and traceable funds and the transfer of those funds.

Unless a general license or permit is available or determined based on facts, a specific license must be requested for any funds larger than $100. Violation of OFAC rules, whether you know the law or not, would implement criminal charges against you. Ignorance of law is not a defense. Ask a detailed oriented, knowledgeable lawyer on Iran OFAC regulations before transferring funds from Iran or doing economic activities in Iran.

This is an immigration blog. It is not intended to be used as legal advise.

For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy ( Attorney) is a member of American Immigration Lawyers Association (AILA).

Email: Kennedycounsel@gmail.com
Phones: 13106230080 & 19496770063
Imo: 13106230080 & 19496770063
Telegram: 19496770063
Office Locations:
Los Angeles (WestWood) Location
Openheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Location
5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

Exchange Visitors Programs; No Need of Trump Waiver for Iranian Nationals

Exchange Visitor Visa applies to those who intend to participate in an approved program for the following: Research at Universities (Research Students, Research Assistants Etc), Lecturing (Professors),Consultation, Receiving Training in Various Fields of Science, Art and Education, Receiving Fellowship or Graduate Medical/Dental/Pharmaceutical/Similar Training and/or Observation and Related Categories. The intent behind this visa is to promote cultural exchange and to encourage science, art and educational programs in general. There is no need of Waiver Pursuant to Trump’s Proclamation, Section (212) (F) for the holders of Iranian passport on this visa.

This is an immigration blog. It is not intended to be used as legal advise.

For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy ( Attorney) is a member of American Immigration Lawyers Association (AILA).

Email: Kennedycounsel@gmail.com
Phones: 13106230080 & 19496770063
Imo: 13106230080 & 19496770063
Telegram: 19496770063
Office Locations:
Los Angeles (WestWood) Location
Openheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Location
5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

Applying for an E2 Visa/Treaty Visa

An E2 Visa is an investment visa whereas the eligible applicant would invest substantial amount of money (substantial is a term relative to the chosen business) in an active and real business to receive the visa. Visas could be extended if the applicant would show the business has been operated successfully and continues to generate income. Although the visa is valid for 2-5 years; the number of extensions allowed are unlimited.

The investor must be the operating manager of the business. If the investor is in a partnership with another investor, he must show that he is in control of the company’s affairs. E2 visa is expected to generate at least few jobs for eligible workers, especially American Citizens and Green Card Holders. The job generation and income production would satisfy intent behind the investment treaty agreement between the US and the participating country.

One of the most frequently asked questions is what would be the status of family members of an E2 visa holder? The spouse and children under 21 are eligible to join the applicant to come to the US. The Spouse may apply for an authorization card. Children may go to school of their choice. The investor must stay as operating manager of the E2 approved business, but he may operate other businesses provided he could establish those businesses are true subsidiary or branch of the approved business. Any material changes to the business, its operation or location must happen only after notice of approval by immigration.

There are many details embodied into E2 visa applications; paying attention to those details not only may allow a successful outcome, but also may help future successful operation of the business and therefore increase of the chances for further extensions. If you are a national of the following countries and would be interested in investing in the US, you & your family members may be eligible to apply for an E2 visa. Here is an updated list of eligible countries for an E2 visa as of 02/8/2018. Note that Dual national in possession of more than one passport, may only use the country in treaty agreement with US to apply.

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Democratic Republic of Congo, Denmark (excluding Greenland), Ecuador, Egypt, Estonia, Ethiopia, Finland, France (including Martinique, Guadeloupe, French Guiana, and Reunion), Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands (including Aruba and Netherlands Antilles), Norway (excluding Svalbard), Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of Congo, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, South Korea, Spain (including all territories), Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom (including Channel Islands and Gibraltar, excluding British territories outside Europe).

This is an immigration blog. It is not intended to be used as legal advise.

For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy ( Attorney) is a member of American Immigration Lawyers Association (AILA).

Email: Kennedycounsel@gmail.com
Phones: 13106230080 & 19496770063
Imo: 13106230080 & 19496770063
Telegram: 19496770063
Office Locations:
Los Angeles (WestWood) Location
Openheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Location
5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

Eb1-A Qualifications

Eb1-A is a category of extraordinary ability immigrant visas. In order to be qualified for an EB1-A visa, the petitioner must prove that

A) he has sustained national or international acclaims for claimed achievements, B) the petitioner is seeking to enter the United States to continue to work in the field that is the subject of the petition, C) and the presence of the foreign person and her activity in the field will benefit the United States.

Following the executive orders of Donald Trump (Travel Ban) & interpretations thereof, an otherwise restricted individual (Iranian National) may be qualified for an exemption under Federal Court or US Supreme Court rulings and/or may not even be restricted via any Trumps Executive Orders.

Therefore, Potential Candidates are encouraged to contact an attorney to receive accurate information on their specific cases.

This is an immigration blog. It is not intended to be used as legal advise.
For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy ( Attorney) is a member of American Immigration Lawyers Association (AILA).

Email: Kennedycounsel@gmail.com
Phones: 1-310-623-0080 & 1-949-677-0063
Imo: 1-310-623-0080
Telegram: 1-949-677-0063
Office Locations:
Los Angeles (WestWood) Location
Openheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: (1) 310-623-0080
Orange County Location
5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: (1) 949-677-0063