By Ergul Celiksoy, Immigration Attorney at CK Law Firm

In the U.S., individuals dependent on a specific visa type may face risks of job loss due to employer changes, economic hardships, or other reasons. To address such challenges, the Compelling Circumstances Employment Authorization Document (EAD) provides a legal work authorization solution. This document is particularly designed for individuals in the Green Card process but awaiting a final decision. In this article, we’ll address the following key questions:

• What is the Purpose of the Compelling Circumstances EAD?
• How Does the Application Process Work?
• Who is Eligible to Apply?
• What Are the Benefits of the Compelling Circumstances EAD?

If you have additional questions, feel free to reach out via the comments section below this article, through LinkedIn, or directly via the CK Law Firm website!

What is the Purpose of the Compelling Circumstances EAD?

The Compelling Circumstances EAD aims to assist individuals tied to a specific employer through their visa status in overcoming financial and personal hardships in case of job loss. The U.S. Citizenship and Immigration Services (USCIS) evaluates applications based on the following criteria:

• Economic Impact: The financial consequences of unemployment on the applicant and their family.
• Social Impact: Potential negative effects on U.S. employers, clients, or the community due to the lack of work authorization.
• Immigration Compliance: The applicant’s adherence to past immigration and work authorization requirements.

This authorization is particularly crucial for individuals whose Green Card petitions (I-140) have been approved but are waiting for a visa number. It also provides a temporary solution for those holding employer-sponsored visas such as H-1B or L-1, who are at risk of losing their jobs.

How Does the Application Process Work?

Applying for a Compelling Circumstances EAD involves specific steps:

1. Completing Form I-765: This is the primary form required by USCIS for work authorization.
2. Providing Supporting Evidence: Documents proving compelling circumstances (e.g., job loss, health issues, financial hardships).
3. Submitting Immigration Status Documentation: Approval notice of I-140, proof of current visa status, and any relevant employment agreements.

Once the application is submitted, USCIS conducts a thorough review of the applicant’s circumstances. Each application is evaluated on its merits, taking into account the unique details of the applicant’s case.

Who is Eligible to Apply?

The Compelling Circumstances EAD is available to individuals meeting specific criteria:

• Green Card Applicants: Those with approved I-140 forms but waiting for visa availability.
• H-1B or L-1 Visa Holders: Individuals who have separated from their employers and are seeking new job opportunities.
• Non-Immigrant Visa Holders: Individuals whose current visas are nearing expiration but can demonstrate compelling circumstances.

Approval rates depend on the strength of supporting evidence and the severity of the circumstances. USCIS also considers the applicant’s prior compliance with immigration laws.

What Are the Benefits of the Compelling Circumstances EAD?

• Temporary Solution: Provides work authorization while waiting for a visa number.
• Flexibility: Eliminates dependency on a single employer and opens new job opportunities.
• Support for the Immigration Process: Ensures uninterrupted progress in the Green Card application process.

Conclusion

Applying for a Compelling Circumstances EAD can be a complex process. Since each case is unique, working with an immigration attorney can significantly increase the chances of a successful application. For professional assistance, detailed information, or consultation services, feel free to contact us at cklawfirm.org, info@cklawfirm.org, or via LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

By Asim Kilinc, Immigration Attorney at CK Law Firm

The U.S. Citizenship and Immigration Services (USCIS) has issued a comprehensive guide regarding the legal and physical custody requirements under sections 320 and 322 of the Immigration and Nationality Act (INA) for acquiring and deriving U.S. citizenship. This guide also provides a detailed explanation of derived citizenship processes under section 321 of the former INA, which was in effect prior to the enactment of the Child Citizenship Act of 2000.

This update aims to ensure consistent application of legal and physical custody criteria during the evaluation of citizenship applications. Additionally, the changes are designed to support fair and efficient adjudication of applications for Certificates of Citizenship. The updated guidelines will apply to applications filed on or after November 19, 2024, addressing potential uncertainties in the process.

When you read this article, you will have information about the following topics:

• Legal and Physical Guardianship Requirements Detailed
• New Era in Citizenship Applications
• Legal and Policy Basis: Executive Order 14012
• Impact of the Guide

If you have any questions other than these, please do not forget that you can send them to me via the comments section at the bottom of this article, by sending me a message directly via Linkedln or via the website of CK Law Firm Immigration Law Firm, which I co-founded!

Details of Legal and Physical Custody Requirements

The updated guidance outlines the following criteria for legal and physical custody:

• Legal Custody:
  • USCIS has broadened the scope of situations in which a U.S. citizen parent is considered to have legal custody of a child. Retroactive (nunc pro tunc) corrections to custody decisions are clarified.
  • The evaluation of informal agreements or private custody arrangements without court orders has been explained.
  • In cases where there is no formal custody order, a U.S. citizen parent may still be deemed to have legal custody if they maintain actual and uncontested control over the child.
• Physical Custody:
  • Physical custody is recognized when the child resides with the U.S. citizen parent or shares the same dwelling. Criteria for assessing actual living arrangements between the parent and child have been detailed.
• Citizenship Derivation Before the Child Citizenship Act of 2000:
  • The guidance clarifies the requirements under the former INA section 321, including legal custody, parental marital status, and the child’s age at the time.
• Applications for Certificates of Citizenship:
  • USCIS emphasized that applicants who cannot or do not take the oath of allegiance are not eligible for a Certificate of Citizenship.

A New Era for Citizenship Applications

The updated guidance provides clearer criteria for determining the citizenship eligibility of children of U.S. citizen parents. Detailed procedures and explanations are included to ensure timely and consistent adjudication of applications. For instance, in cases without a formal custody order, additional evidence provided during the application process will be considered.

Legal and Policy Basis: Executive Order 14012

These updates align with the goals of Executive Order 14012, which seeks to restore confidence in the lawful immigration system and promote integration and naturalization for new Americans. USCIS has taken steps to remove barriers to citizenship and enhance transparency and guidance in the process, benefiting both applicants and practitioners.

Impact of the Guidance

This update ensures that USCIS can make fair and transparent decisions in citizenship acquisition and derivation cases. The detailed explanations regarding legal and physical custody requirements will help applicants better understand the process.

For more information, refer to Volume 12, Part H of the USCIS Policy Manual or the relevant Policy Alert page. This guidance is an invaluable resource not only for applicants but also for professionals in immigration law.

For professional assistance, detailed information, or legal consultation, contact us via cklawfirm.org, info@cklawfirm.org, or through LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The U.S. Citizenship and Immigration Services (USCIS) collects biometric data from individuals applying for visas, Green Cards, or citizenship for identity verification purposes. This data includes applicants’ fingerprints, photographs, and signatures. Biometric data is used for security checks and identity verification, ensuring that the application is securely and accurately processed. The biometrics appointment is one of the mandatory steps in the immigration application process, and without completing this appointment, your application cannot be processed. Attending this appointment on time is essential for a smooth application process. In this article, we will provide information about the biometrics appointment:

• Preparations for the Biometrics Appointment
• What Happens During the Biometrics Appointment?
• Post-Appointment Process

If you have any questions beyond these, please do not hesitate to contact me via the comments section below, send a message directly through LinkedIn, or reach out via the website of CK Law Firm, where I am a co-founder.

Preparations for the Biometrics Appointment

Preparing for the biometrics appointment is a critical step in the application process. The Appointment Notice (I-797C Form) sent by USCIS is an official document that contains all the details about your appointment. Carefully review this document and ensure you attend on the specified date. The basic documents you should bring to your appointment are:

• Appointment Notice: You must bring this letter from USCIS to your appointment, as it is a fundamental requirement for identity verification.
• Valid Identification: You should present a valid ID such as a passport, driver’s license, or an ID card issued by the U.S. government. USCIS will require this document to verify your identity.
• Additional Documents: In some cases, USCIS may request additional documents. These may vary depending on your application type or current status. For instance, if there is missing information in your application, you may be asked to provide extra documents to complete it.

It is very important to arrive on time. USCIS schedules appointments on a strict timeline, and delays can cause significant disruptions to your application. If you cannot attend the appointment, you must request a new appointment officially and as soon as possible.

What Happens During the Biometrics Appointment?

During the biometrics appointment, USCIS officers collect various biometric data from the applicant to complete identity verification. This process is generally quick, and the applicant is asked to perform a few basic tasks. The procedures during the biometrics appointment include:

• Fingerprinting: The applicant’s fingerprints from both hands are collected. Fingerprints are one of the most important biometric data used for identity verification and security checks.
• Photo: A passport-style photo of the applicant is taken and recorded in the USCIS system. This photo is used on identification documents and helps USCIS recognize the applicant during the application process.
• Signature: After collecting the biometric data, the applicant may be asked to provide a signature. The signature is added to the application file as part of the identity verification process.

Once these procedures are complete, the appointment ends, and the applicant can return to their daily activities. The appointment process usually takes about 15-30 minutes and aims to provide applicants with a comfortable experience.

For a professional impression, choosing appropriate clothing is recommended. Since USCIS will take your photo, it is advisable to wear clean and neat clothing. Additionally, avoid wearing accessories that cover your face (such as hats, large glasses, etc.) to ensure a proper photograph.

Post-Appointment Process

After the biometrics appointment is completed, USCIS continues to process your application. The collected biometric data is shared with security agencies like the FBI for background checks. During this stage, it will be investigated whether the applicant has a criminal record or poses any security risks. If no issues arise during the security checks, the application moves to the next stage.

If a problem is identified during the security checks, USCIS will inform the applicant and provide instructions on the necessary steps to address the issue. However, failing to attend the appointment or going without the required documents can result in the denial of your application or significant delays. Therefore, the biometrics appointment is crucial and should be carefully followed.

If you cannot attend your appointment, you can contact USCIS to request a new one. During this process, you must explain why you could not attend the appointment and schedule a new date. It is also important to follow the procedures set by USCIS when making a new appointment request.

Finally, the biometrics appointment is a critical step in your immigration application, and completing this process smoothly will positively impact your application’s approval. Preparing the necessary documents completely, attending the appointment on time, and adhering to USCIS officials’ requests are essential for the success of your application.

For professional support, detailed information, and consultation during your application process, feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or through LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

A Re-entry Permit is a travel document issued to individuals who hold permanent residency (green card) in the United States (US) and need to stay outside the US for more than one year. Green card holders who remain outside the US for extended periods risk jeopardizing their permanent residency status. US Customs and Border Protection (CBP) officers may determine that individuals who stay outside the US for long periods no longer intend to live permanently in the US, and they may revoke their green card. To avoid this, the Re-entry Permit helps green card holders maintain their legal status when they need to be abroad for work, education, health, or personal reasons.

• Why is a Re-entry Permit Necessary?
• Benefits of a Re-entry Permit
• How to Apply for a Re-entry Permit
• Important Considerations about the Re-entry Permit
• Frequently Asked Questions About Re-entry Permits

If you have any additional questions on this topic, feel free to reach out through the comments section below this article, message me directly via LinkedIn, or contact me through CK Law Firm’s website, where I am a co-founder.

Why is a Re-entry Permit Necessary?

The US requires individuals with permanent residency to maintain their primary residence within the US. However, in some cases, green card holders may need to travel abroad for an extended period. For example:

• Employment: A green card holder may receive a job offer to work in another country or may be temporarily assigned overseas by their company.
• Education: A permanent resident student may participate in a study program or engage in a long-term research project abroad.
• Health: An individual may need to receive medical treatment in another country.
• Family Reasons: One may need to assist family members or stay abroad for family-related reasons.

In these situations, a Re-entry Permit allows you to remain outside the US for an extended period without losing your permanent residency status. If you plan to stay outside the US for more than one year, applying for a re-entry permit will help secure your status.

Benefits of a Re-entry Permit

• Protecting Your Green Card: Staying outside the US for extended periods can put your permanent residency status at risk. A Re-entry Permit reduces this risk and secures your right to return to the US.
• No Negative Impact on Citizenship Applications: Traveling outside the US with a Re-entry Permit does not negatively affect your future US citizenship application, as this document is considered consistent with the intent to maintain permanent residence.
• Multiple Uses: The Re-entry Permit is valid for two years, during which you can travel multiple times. This is advantageous for individuals who need to travel frequently abroad.
• Visa Convenience: In some countries, a Re-entry Permit may offer visa exemptions or simplify visa applications. However, since this doesn’t apply to all countries, it’s essential to check the visa requirements of the country you plan to visit before traveling.

How to Apply for a Re-entry Permit?

The Re-entry Permit application process must be carefully followed, and all necessary documents should be completed. Here’s a step-by-step guide to the process:

Complete Form I-131

To obtain a Re-entry Permit, you must complete Form I-131, Application for Travel Document. This form is used by individuals with permanent residency in the US to obtain travel documents that allow them to re-enter the US after traveling abroad.

Where Can I Find Form I-131? You can download Form I-131 from the official USCIS website. Make sure to fill out the form carefully and provide accurate information.

Where Should the Application Be Submitted? You must mail the completed form and required documents to USCIS. You cannot submit your application while outside the US; you must be physically present in the US at the time of application.

Prepare the Required Documents

The following documents are typically required during the application process:

• Green Card (Form I-551): A copy of your valid permanent residency card (green card).
• Passport Copy: A copy of the identification page of your valid passport.
• Documents Explaining the Purpose of Travel: For example, if you’re traveling for work, provide your employment contract, or if traveling for education, provide your acceptance letter.
• Biometrics: Two passport-sized photos.

Application Fees

The Re-entry Permit application fee is paid when completing Form I-131. As of 2024, the application fee is approximately $575, but this amount may change over time. Be sure to check the current fees on the USCIS website. Additionally, you will need to pay an extra fee for the biometrics process (around $85).

Biometrics Appointment (Fingerprinting and Photos)

After submitting your application, USCIS will schedule a biometrics appointment where they will take your fingerprints and photograph. Biometrics is necessary to verify your identity as part of the application process.

Application Processing and Outcome

After completing the biometrics appointment, your application will be reviewed by USCIS. The processing time usually takes up to 6 months. If approved, your Re-entry Permit will be mailed to your address.

Re-entry Permit Validity

A Re-entry Permit is typically valid for two years. During this time, you can stay outside the US for extended periods. However, you must return to the US before the permit expires or apply for a new Re-entry Permit. If you still need to remain abroad after two years, apply for a renewal before the expiration date.

Important Considerations about the Re-entry Permit

When Is a Re-entry Permit Necessary? If you plan to stay outside the US for more than one year, you must apply for a Re-entry Permit. If you stay outside the US for more than 6 months, you may also be subject to additional questioning by customs officers, so it’s essential to plan your travels carefully.

Can You Apply While Outside the US? No, you must be physically present in the US when applying for a Re-entry Permit.

Renewal Requirement: A Re-entry Permit is valid for two years. If you continue to remain outside the US, you must reapply for a new permit before the current one expires.

Frequently Asked Questions About Re-entry Permits

1. Is it mandatory to get a Re-entry Permit?
   No, it’s not mandatory. However, it’s highly recommended for green card holders who plan to stay abroad for extended periods, especially those staying more than one year.
2. How long does the application process take?
   Re-entry Permit applications typically take 3 to 6 months to process. However, processing times may vary based on USCIS workload and individual circumstances.
3. Can a Re-entry Permit application be denied?
   Yes, your application can be denied. Common reasons include incomplete or incorrect information, failure to provide required documents, or not meeting USCIS criteria.
4. How long can I stay outside the US with a Re-entry Permit?
   A Re-entry Permit is generally valid for 2 years. You can stay outside the US during this period, but you must renew the permit before it expires if you need to remain abroad longer.
5. Does a Re-entry Permit affect US citizenship applications?
   No, a Re-entry Permit does not directly affect your US citizenship application. However, time spent outside the US may not count towards the physical presence requirement for citizenship. Prolonged absences could delay your eligibility for citizenship.

Conclusion

A Re-entry Permit is a vital document for green card holders who need to stay outside the US for extended periods. Whether for work, education, health, or family reasons, applying for a Re-entry Permit ensures that your legal status remains intact. At CK Law Firm, we offer guidance and legal consultation during the Re-entry Permit application process. For professional support, detailed information, or to schedule a consultation, feel free to contact us through our website at cklawfirm.org, email us at info@cklawfirm.org, or reach out via LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.