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By Ergul Celiksoy, Immigration Attorney at CK Law Firm
In this article, Dr. Ergül Çeliksoy, co-founder of CK Law Firm, explains the answers to frequently asked questions in the US EB2 National Interest Waiver visa application process. When you read this article, you will learn the answers to the following questions in detail:
- What is an EB2 National Interest Waiver (EB2 NIW) Visa?
- How to Apply for EB2 National Interest Waiver Visa?
- Forms to be filled in for EB2 NIW Visa
- How Much Are EB2 NIW Visa Fees?
- Where to Apply for EB2 NIW Visa?
- What is the Process After Applying for EB2 NIW Visa?
- How Long Does it Take to Process an EB2 NIW Visa?
- What does RFE (Request for Evidence) mean?
- You can get a Green Card with EB2 NIW Visa?
What is the EB2 National Interest Waiver (EB2 NIW) Visa?
The first and perhaps most important thing to know about the EB2 National Interest Waiver (EB2 NIW) visa is that you do not need a job offer or sponsorship from a US employer to apply. To apply for EB2 NIW, it is enough to be an expert, successful, and competent in your field. In other words, everything depends on you and what you have achieved in your career so far. You can apply for the EB2 NIW visa based on your achievements in your field.
Additionally, you do not need to take exams like IELTS or TOEFL to demonstrate your English proficiency to apply for the EB2 NIW visa. A frequently asked question by doctors is whether it is necessary to pass the USMLE exam. The answer is no; you do not need to take the USMLE exam to apply for the EB2 NIW visa or even to get a Green Card after this visa is approved.
What matters for this visa is your competence and success in your field and meeting the necessary conditions for the visa. You can read our detailed article on the requirements for the EB2 NIW visa.
How to Apply for the EB2 National Interest Waiver Visa?
The EB2 NIW visa requires comprehensive, detailed, and meticulous work. You must demonstrate in detail and consistently that you meet each of the visa criteria in your application. Therefore, a comprehensive application file must be prepared. As lawyers, we sometimes prepare very comprehensive Attorney Support Letters (application petitions) that can reach 50-60 pages. Additionally, supporting documents showing that you meet the visa criteria must be included in your application. You can use diplomas, transcripts, documents showing your education, work experiences, successfully completed projects, important certificates in your field, training you have received, conferences you have attended, interviews and news articles about you, publications in your field, research grants you have received, and reference letters from other experts in your field to support your application.
Since each application is evaluated based on its own merits, you will need to assess what types of documents you can use to support your application. Generally, you can use all documents you think will strengthen your application. The EB2 NIW applications we prepare are usually 500-600 pages long, sometimes even longer. As you can see, you need to work very comprehensively and meticulously.
Forms to be Completed for the EB2 NIW Visa
After preparing your application, you need to fill out some forms to include in your application package. The first form required for the EB2 NIW visa is Form I-140. You can find the most current version of this form on the USCIS Immigration Bureau’s website. You must complete Form I-140 carefully and accurately. Any mistake or omission in the form can delay your process. At this point, it is important whether you are in Turkey or the US, or whether you will follow the process from Turkey or the US. If you will follow the process from Turkey, you need to select item 1a in the Processing Information section of Part 4 of Form I-140. Here, you are asked if you will process through a consulate outside the US. Then, in item 1b, you enter Ankara, and in item 1c, you enter Turkey. Since the US Consulate in Ankara is the only authorized place for immigration visas in Turkey, your process will be followed from there. If you will follow the process from within the US, you select item 2a in the Processing Information section of Part 4 of Form I-140. Thus, after your EB2 NIW visa is approved by the Immigration Office, you can apply for Adjustment of Status within the US to get a Green Card. In addition to Form I-140, there is a form called ETA 9089 Application for Permanent Employment Certification. You need to fill out sections J, K, L, and M of this form. The most current version of this form is available on the Department of Labor’s website. If you want to expedite the process, you will need to fill out Form I-907 for Premium Processing. You will need to pay an additional $2805 for Premium Processing. You are not required to do this; it is optional. If you opt for Premium Processing, your application will be processed within about 45 days. If you do not choose Premium Processing and go for a standard application, your application will be processed within 3 to 9 months.
EB2 NIW Visa Fees
You will also need to include visa fees in your application. The visa fee for the EB2 NIW visa is $715. Additionally, there is another fee called the Asylum Program Fee, which is $300. If you want to use the Premium Processing service, you will need to pay an additional $2805. However, Premium Processing is optional. You can choose not to use this service and not pay this fee. In summary, the EB2 NIW visa fees are as follows:
- Form I-140 Filing Fee: $715
- Asylum Program Fee: $300
- Premium Processing Fee: $2805 (optional)
Where to Apply for the EB2 NIW Visa?
After preparing your EB2 NIW visa application and including all the necessary forms and application fees in your application package, you need to submit your application package to the Immigration Bureau (USCIS). People who want to follow the process from Turkey sometimes ask if the application can be made to the American Consulate in Turkey. To clarify this issue, you do not apply to the consulate for your EB2 NIW visa. You need to physically submit your application to the Immigration Office (USCIS) in the US. Unfortunately, it is not possible to apply online for the EB2 NIW visa at this time. Therefore, you need to send your application by mail to the Immigration Bureau in the United States. You can find the correct and current address of the Immigration Bureau on the official USCIS website.
What is the Process After Applying for the EB2 NIW Visa?
After your application is received by the Immigration Bureau, the Immigration Bureau will send you a Receipt Notice indicating that your application has been received. This document is very important. It gives you a Receipt Date, which is the exact date your application was received and processed.
This document also gives you a Priority Date. This date is very important because it determines the earliest time you can start Green Card procedures if your application is approved.
This document also contains a Receipt Number. This is a number assigned to your application. You can use this number to check the status of your application at any time on the USCIS Case Status website.
How Long Does it Take to Process the EB2 NIW Visa?
As I mentioned earlier, if you applied for Premium Processing, your application will be evaluated within 45 days. If you did not apply for Premium Processing but applied for standard processing, it can take 3 to 9 months. We have had clients who did not apply for Premium Processing and received approval within 3 months, as well as clients who had to wait 7-8 or even 9 months. Unfortunately, I cannot say for certain that your application will be reviewed in such a short time. Generally, it can take 3 to 9 months.
What Does RFE (Request for Evidence) Mean?
After your application is evaluated by the Immigration Bureau, the Immigration Bureau will get back to you. At this stage, there are three possibilities for your application:
- Your application may be approved (which is our goal).
- Your application may be denied.
- An RFE (Request for Evidence) may be sent to your application.
An RFE means that the Immigration Bureau is requesting additional information and documents from you. Receiving an RFE is not something to worry about too much. An RFE does not necessarily mean that your application has been or will be denied. It simply means that the Immigration Bureau has identified some points in your application that are not clear enough and that additional information and documents are needed.
The likelihood of a direct denial for EB2 NIW visas is generally very low. None of our cases have been directly denied so far. It is either a direct approval or an RFE, which means a request for additional information and documents. If there is an RFE, you will need to prepare a comprehensive response and send it to the Immigration Bureau by mail. The Immigration Bureau will then make a decision based on your response.
You Can Get a Green Card with the EB2 NIW Visa!
After your EB2 NIW visa is approved by the Immigration Bureau, the Green Card process begins. With the approval from this visa, you need to apply for a Green Card. However, as I mentioned at the beginning of the article, the follow-up of this process differs depending on whether you are in the US or Turkey.
You can read our article explaining what process awaits you after your EB2 NIW visa application is approved.
Meeting the necessary requirements for the EB2 NIW visa, preparing the application, and the application process is a demanding, complex, and labor-intensive process. However, in the end, obtaining a Green Card gives you the opportunity to settle, work, and live in the US. Even with the Green Card you get through this visa, you and your family can become American citizens in the future. If you have the competence and success in your field, this visa is definitely worth pursuing.
Who is Attorney Dr. Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in US immigration law. He completed his master’s degree in international law and human rights law at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy crowned his academic career by completing his Ph.D. in law at the University of Nottingham School of Law in 2022. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. Dr. Çeliksoy, a registered member of the California Bar, provides superior service to his clients with his deep knowledge and experience in US immigration law cases. His knowledge and experience in immigration law add valuable contributions to CK Law Firm’s work in this field.
Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His studies on human rights and immigration processes, and his deep knowledge of modern slavery and criminal law allow Dr. Çeliksoy to effectively solve the complex legal problems faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal advice, helping his clients build their new lives in the United States.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
In this article, Dr. Ergül Çeliksoy, founding attorney of CK Law Firm, provides answers to the most frequently asked questions about the EB2 National Interest Waiver (EB2 NIW) Green Card process. By reading this article, you will find answers to the following questions:
- What is EB2 National Interest Waiver Visa?
- What are the Advantages of EB2 NIW Visa?
- Who Can Apply for EB2 NIW Visa?
- What are the Application Requirements for EB2 NIW Visa?
- Criterion 1: Advanced Degree
- Criterion 2: National Interest (Potential to Make a Positive Contribution to the United States)
- Criterion 3: You are an expert and competent in your field
- Criterion 4: It is in America’s interest to approve your application when your entire application is considered
- How does the EB2 NIW visa application process work?
EB2 National Interest Waiver Visa: What is it?
The EB2 National Interest Waiver visa, also known as the Benefit Waiver, is a Green Card-based visa type that you can apply for without any sponsor or employer. With the EB2 NIW visa, you can obtain a Green Card and live and work in the United States. Moreover, after living in the US for 5 years with this visa, you can apply for US citizenship. This visa allows both you and your family to live in the US and eventually become US citizens.
The main philosophy behind the EB2 NIW visa is to provide experts in their fields with the opportunity to obtain a Green Card, live, and work in the US, thus promoting brain drain. By designing this visa, the US aims to attract successful individuals from different countries to come to the US, continue their professional lives, and contribute positively to the country. In this article, I will explain in detail who can apply for this visa, the requirements of the visa, how to meet these requirements, and how the application process is managed.
What are the Advantages of EB2 NIW Visa?
The EB2 NIW visa has many advantages, including:
- You do not need a job offer from a US employer or a sponsor to apply for the EB2 NIW visa. You can apply based on your work experience and achievements in your field. This is a significant advantage.
- After obtaining a Green Card with the EB2 NIW visa, you are not obligated to work for any specific employer. You can change employers as you wish or even start your own business. The important thing is that you continue to work in your field.
- You do not need to make any investment in the US for the EB2 NIW visa. You only need to pay the visa fees to apply. If you choose to follow the process with a lawyer, there will be legal fees. However, unlike some other visa types, you do not need to make any investment or maintain a large amount of money in your bank account.
- You do not need to be in the US to apply for the EB2 NIW visa. You can manage the process from Turkey. It is possible to apply for this visa and follow the process both from within and outside the US. Therefore, if you are not currently in the US, there is no need to worry because you can handle all the necessary procedures for this visa from outside the US.
- Since this is an immigration visa, you receive a Green Card through this visa and can become a US citizen in the future.
- If you are married and have children, they can also obtain a Green Card through you and come to the US with you.
The EB2 NIW visa has many more advantages like these. Therefore, many successful individuals from around the world choose this visa and take their first steps toward a new life in the US.
Who Can Apply for EB2 NIW Visa?
The EB2 NIW visa is a suitable visa type for individuals who are experts and successful in their fields. This visa can be applied for by successful academics, doctors, engineers, IT professionals, senior executives, artists, and athletes.
In fact, there is no specific restriction on who can apply based on their profession. The main criterion here is that the applicants are highly successful in their fields and can support this with documents. Generally, the EB2 NIW visa is preferred by academics, doctors, engineers, athletes, and artists. Most of our clients also belong to these professional groups.
If you are successful in your field and believe that you meet the criteria for the visa, you can send us your detailed and up-to-date CV by email for a free evaluation. Our team will assess whether you meet the criteria for the EB2 NIW visa and inform you of our opinion. If our initial review indicates that you meet the criteria for this visa, we will conduct a free 30-minute Zoom meeting with you to evaluate your eligibility in more detail. For more information, you can send your CV to us by email right away!
What are the Application Requirements for EB2 NIW Visa?
As briefly mentioned above, the main philosophy of the EB2 NIW visa is to encourage brain drain. Therefore, this visa can be applied for by individuals who are experts and successful in their fields. There are four main criteria for the EB2 NIW visa. I will now explain these criteria one by one:
CRITERIA 1: Advanced Degree
The first requirement for the EB2 NIW visa is that the applicant must have an advanced degree. This advanced degree means:
- The applicant must have at least a Master’s degree or higher in their field. If you have a Master’s or Doctorate degree, you can easily meet this criterion.
- If you do not have a Master’s or Doctorate degree, you must have at least a Bachelor’s degree and at least 5 years of work experience in your field.
If you meet these conditions, you satisfy the advanced degree requirement. The key thing to note here is that your education must be in your current field of expertise. For example, if you are a doctor applying for this visa, you must use your medical education to meet this requirement. However, if you currently work in IT but have a degree in a different field like economics, your education may not meet the advanced degree requirement for the EB2 visa.
Generally, this first criterion is the easiest to meet. In most of our applications, we have not encountered any issues related to the advanced degree. You do not need to have completed your education in the US to apply for the EB2 NIW visa. You can apply with the education you completed at a university in Turkey, and you will generally not face any issues. If you have questions about whether your education is suitable for this visa, please contact us.
CRITERIA 2: National Interest (Having the Potential to Make a Positive Contribution to America)
The second criterion for the EB2 NIW visa is related to how continuing your work in the US will contribute to the US. As mentioned at the beginning of the article, this visa is designed to encourage brain drain. By granting you this visa, the US expects you to contribute positively to the country. The nature of this contribution can vary for each applicant. However, the main point here is that the criterion of contributing to the US is the most crucial and requires the most thought in the context of the EB2 NIW visa.
Contribution to the US:
In your EB2 NIW visa application, you need to include a statement explaining what job you will do in the US. You should describe the job you will do related to your field of expertise and explain its importance to the US. Each applicant’s situation is different here. For example, for academics, doctors, and engineers, the contribution to the US is generally more concrete.
For instance, a physics academician can claim that continuing their academic work in the US will contribute academically to the field of physics. Or, a doctor specializing in cardiac surgery can state that continuing their work in this field will contribute to the healthcare sector in the US. In our office, we conduct individual meetings with each client to thoroughly evaluate the contribution to the US and prepare a comprehensive plan for the EB2 NIW application.
Assessment of the Contribution to America Criteria:
When your application is evaluated, your claimed contribution to the US is examined in two ways:
- First, is the job you intend to do in the US of substantial merit? In other words, is the job you will do genuinely important and valuable?
- Second, does this job have the potential to contribute to the US in general?
We evaluate the contribution criterion in detail during the meetings we conduct with you while preparing your application. This often involves researching the reflections and current developments in your field in the US. It is particularly useful to consider the strategic policies of the US government, both at the federal and local levels, related to your field of expertise.
CRITERION 3: Expertise and Competence in Your Field
The third criterion for the EB2 NIW visa is that you must be an expert and competent in your field. You can demonstrate this with numerous documents related to your work in your field. You can show your expertise and competence in your field through:
- Your work experience,
- Successful projects you have completed in your field,
- Contributions to your field,
- Reference letters from other experts in your field,
- Your national and international publications in your field,
- Presentations at conferences,
- Interviews and news about you.
If you send us your detailed CV by email, we will evaluate it in terms of the EB2 NIW visa and provide you with our opinion. One important thing to note about the expertise and competence criterion is that your field of expertise should align with the job you intend to do in the US. For example, if you are a successful economist, the job you plan to do in the US should also be related to this.
CRITERION 4: The Overall Evaluation of Your Application Being in the US’s Interest
The final criterion for the EB2 NIW visa is related to the overall evaluation of your application. Essentially, this criterion is about how strong your application is when the first three criteria are considered together. If the first three criteria are positive, this final criterion is generally met.
Conclusion
There are many details related to the EB2 NIW visa. The application packages we prepare for our clients generally range from 400-500 pages. It is necessary to provide convincing documents and explanations for each criterion explained here. If you ask me, if you have the dream of living and working in the US, the EB2 NIW visa is definitely an option you should consider.
Who is Attorney Dr. Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in US immigration law. He completed his master’s degree in international law and human rights law at the University of Nottingham in 2017 and began his PhD at the same university. In 2022, he completed his law doctorate at the University of Nottingham School of Law, enhancing his academic career. Dr. Çeliksoy is a registered member of the California Bar and provides excellent service to his clients with his deep knowledge and experience in US immigration law cases. His expertise in immigration law adds valuable contributions to CK Law Firm’s work in this field.
Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the US. In his work on human rights and immigration processes, his deep knowledge of modern slavery and criminal justice issues allows him to effectively resolve the complex legal problems faced by immigrants. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by providing reliable and effective legal advisory services, helping his clients build new lives in the US.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
How to Obtain a Green Card in the U.S. for Academics
For academics seeking permanent residency in the U.S., there are multiple Green Card options available. This guide outlines the primary programs academics can utilize to obtain a Green Card.
1. EB-1A: Extraordinary Ability
Academics with extraordinary abilities can apply for the EB-1A visa, designed for those with national or international acclaim in their field.
2. EB-1B: Outstanding Professors and Researchers
The EB-1B visa is suitable for professors and researchers with internationally recognized achievements, requiring at least three years of teaching or research experience.
3. EB-2 NIW: National Interest Waiver
Academics contributing to national interests can apply for the EB-2 NIW (National Interest Waiver), which does not require employer sponsorship.
4. EB-2: Advanced Degree Holders
Academics with a master’s or doctoral degree can apply for the EB-2 visa, which requires a job offer and employer sponsorship.
5. EB-3: Skilled Workers
Skilled individuals seeking academic positions may qualify for the EB-3 visa, which requires a specific job offer and employer sponsorship.
Application Process and Required Documents
The Green Card application requires evidence of academic achievements, reference letters, job offers, and complete forms as specified by USCIS.
Conclusion
There are several Green Card options for academics seeking permanent residency in the U.S. Determining the most suitable visa type and seeking professional advice is crucial. At CK Law Firm, we are here to guide you through the application process.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
Navigating the U.S. immigration system can be a daunting and complex journey. From filling out forms to attending interviews, the process involves numerous legal intricacies that can be overwhelming for individuals. This is where an immigration lawyer comes in. As an experienced immigration attorney, I have seen firsthand the significant benefits of legal assistance. This blog will explain the role of an immigration lawyer and highlight situations where seeking legal help is crucial.
Why Hire an Immigration Lawyer?
1. Expertise in Immigration Law
- Immigration laws are constantly evolving. An immigration lawyer stays updated on the latest changes and understands the nuances of the law, ensuring that your case is handled with the most current knowledge.
2. Personalized Legal Strategy
- Each immigration case is unique. An immigration lawyer can develop a personalized strategy tailored to your specific circumstances, increasing the likelihood of a successful outcome.
3. Avoiding Mistakes
- Errors in your application can lead to delays or denials. An immigration lawyer can help you avoid common mistakes by ensuring that all forms are correctly completed and all required documentation is submitted.
4. Advocacy and Representation
- An immigration lawyer can represent you in interactions with immigration authorities, advocating on your behalf during interviews, hearings, and appeals.
Situations Where Legal Assistance is Crucial
1. Complex Cases
- Example: Maria, a client from Venezuela, faced persecution in her home country. Her asylum application involved detailed documentation and personal statements. As her attorney, I helped gather evidence, prepared her for the interview, and represented her in court, ultimately leading to a successful outcome.
2. Denial of Previous Applications
- If your previous immigration application was denied, an immigration lawyer can help you understand the reasons for the denial and assist in filing an appeal or reapplying.
Example: Ahmed’s family-based green card application was denied due to incomplete information. We reviewed his case, gathered the missing documents, and successfully refiled his application.
3. Deportation or Removal Proceedings
- Facing deportation or removal from the U.S. is a serious situation that requires immediate legal assistance. An immigration lawyer can help you explore all possible defenses and represent you in immigration court.
Example: Fatima received a notice to appear for removal proceedings. We built a strong defense, demonstrating her eligibility for cancellation of removal, and she was allowed to remain in the U.S.
4. Employment-Based Immigration
- Employers and employees dealing with employment-based visas (such as H-1B, L-1, or EB-2) can benefit from legal assistance to navigate the complex requirements and ensure compliance with immigration laws.
Example: John, a skilled worker, received an H-1B visa through his employer. I assisted the company in preparing the necessary documentation and ensuring adherence to visa regulations.
5. Family-Based Immigration
- Reuniting families through immigration can involve various challenges. An immigration lawyer can help you understand the eligibility criteria and guide you through the process of sponsoring family members.
Example: Sara, a U.S. citizen, wanted to bring her parents to the U.S. We assisted her in filing the necessary petitions and provided ongoing support throughout the process.
6. Naturalization and Citizenship
- Applying for U.S. citizenship involves rigorous requirements and a thorough understanding of the process. An immigration lawyer can help you prepare for the naturalization interview and test, ensuring that you meet all criteria.
Example: David, a permanent resident, was nervous about the citizenship test. We provided study materials, conducted mock interviews, and ensured he was well-prepared, leading to his successful naturalization.
7. Special Immigration Programs
- Programs such as DACA (Deferred Action for Childhood Arrivals), TPS (Temporary Protected Status), and U visas for crime victims require specific eligibility and documentation. Legal assistance can help navigate these specialized programs.
Example: Maria, a DACA recipient, needed to renew her status. We ensured timely submission of her renewal application and provided ongoing support for her immigration needs.
Conclusion
Hiring an immigration lawyer can make a significant difference in the outcome of your case. From avoiding mistakes to receiving personalized legal advice, the benefits of legal assistance are invaluable. At CK Law Firm, we are dedicated to providing expert legal support tailored to your unique situation. Contact us today to discuss your immigration needs and explore how we can help you achieve your goals.
By Asim Kilinc, Immigration Attorney at CK Law Firm
Seeking asylum or refugee status in the United States is a complex but critical process for individuals fleeing persecution and danger in their home countries. As an experienced immigration attorney, I’ve helped many clients navigate these challenging pathways to safety and freedom. This detailed guide will provide an overview of the asylum and refugee application processes, including eligibility criteria and the rights afforded to those granted protection.
What is Asylum and Refugee Status?
Asylum and refugee status are forms of protection granted to individuals who have been persecuted or fear persecution due to race, religion, nationality, membership in a particular social group, or political opinion.
- Asylum: Granted to individuals already in the U.S. or arriving at a U.S. port of entry.
- Refugee Status: Granted to individuals outside the U.S. who are referred to the U.S. Refugee Admissions Program (USRAP) by the United Nations High Commissioner for Refugees (UNHCR), a U.S. embassy, or a designated non-governmental organization.
Eligibility Criteria
1. Well-Founded Fear of Persecution
- You must demonstrate a credible fear of persecution in your home country based on race, religion, nationality, membership in a particular social group, or political opinion.
2. Presence in the U.S. (Asylum)
- You must be physically present in the U.S. or at a port of entry to apply for asylum.
3. Application Deadline (Asylum)
- You must apply for asylum within one year of your arrival in the U.S. unless you can show changed circumstances that affect your eligibility or extraordinary circumstances that prevented you from applying on time.
4. No Protection from Another Country
- You must not have been firmly resettled in another country before coming to the U.S.
Application Processes
Applying for Asylum
Step 1: File Form I-589
- Form I-589: Application for Asylum and for Withholding of Removal. No fee is required.
- Supporting Documents: Provide evidence to support your claim, including personal statements, affidavits, and documentation of persecution.
Step 2: Biometrics Appointment
- Biometrics: You will receive a notice to attend a biometrics appointment where your fingerprints and photograph will be taken.
Step 3: Asylum Interview
- Interview: You will be scheduled for an interview with a USCIS asylum officer. Be prepared to discuss your case in detail and provide any additional evidence.
Step 4: Decision
- Outcome: The asylum officer will make a decision on your case. If granted, you will receive asylum status. If not, your case may be referred to an immigration judge for further review.
Example: My client, Sara, fled her home country due to religious persecution. We carefully prepared her Form I-589, gathering detailed statements and evidence. During her asylum interview, she was able to clearly explain her fears and experiences, leading to a successful outcome.
Applying for Refugee Status
Step 1: Referral to USRAP
- Referral: You must be referred to the U.S. Refugee Admissions Program (USRAP) by the UNHCR, a U.S. embassy, or a designated NGO.
Step 2: Refugee Interview
- Interview: You will be interviewed by a USCIS officer to determine your eligibility for refugee status.
Step 3: Medical Examination
- Medical Check: Undergo a medical examination to ensure you meet health requirements.
Step 4: Approval and Resettlement
- Resettlement: If approved, you will be resettled in the U.S. with the help of resettlement agencies that assist with housing, employment, and other integration services.
Example: Ahmed, a political activist, was referred to USRAP by the UNHCR after fleeing persecution. His detailed interview with the USCIS officer and medical clearance led to his successful resettlement in the U.S., where he now lives safely.
Rights and Benefits of Asylum and Refugee Status
1. Protection from Return
- Asylees and refugees are protected from being returned to a country where they face persecution.
2. Work Authorization
- Employment Authorization Document (EAD): Asylees and refugees are eligible to apply for an EAD, allowing them to work in the U.S.
3. Access to Social Services
- Benefits: Asylees and refugees may be eligible for certain social services, including health care, housing assistance, and education programs.
4. Path to Permanent Residency and Citizenship
- Green Card: After one year, asylees and refugees can apply for a Green Card (permanent residency).
- Citizenship: After five years as a Green Card holder, they can apply for U.S. citizenship.
Example: Maria, granted asylum, received her EAD and accessed healthcare services through local programs. After a year, we helped her apply for her Green Card, and she is now on her way to becoming a U.S. citizen.
Challenges and Tips for Success
1. Gathering Evidence
- Tip: Collect as much documentation as possible to support your claim, including witness statements, news articles, and medical records.
2. Legal Assistance
- Tip: Seek the help of an experienced immigration attorney who can guide you through the process and represent you in interviews or hearings.
3. Consistency in Testimony
- Tip: Ensure that your statements and documentation are consistent and truthful. Inconsistencies can harm your credibility.
Example: Hassan, a client facing persecution, faced difficulties in gathering evidence. We worked together to obtain statements from family and community members, ultimately strengthening his case and leading to a successful asylum application.
Conclusion
Understanding and navigating the asylum and refugee application processes can be daunting, but with the right preparation and support, you can successfully achieve protection in the United States. At CK Law Firm, we are dedicated to helping you through every step of this journey. Contact us today for expert legal advice and personalized assistance.
By Asim Kilinc, Immigration Attorney at CK Law Firm
Becoming a U.S. citizen is a significant milestone for many immigrants. The process, however, can be complex and time-consuming. As an immigration attorney, I have guided many clients through this journey. In this detailed guide, I will provide step-by-step instructions for applying for U.S. citizenship, including preparation tips for the citizenship test.
Step 1: Determine Your Eligibility
Before applying for U.S. citizenship, you must ensure that you meet the eligibility criteria:
- Age: You must be at least 18 years old.
- Permanent Resident Status: You must have been a lawful permanent resident (Green Card holder) for at least 5 years, or 3 years if you are married to a U.S. citizen.
- Physical Presence: You must have been physically present in the U.S. for at least 30 months out of the last 5 years, or 18 months out of the last 3 years if married to a U.S. citizen.
- Continuous Residence: You must have lived in the U.S. continuously for the specified period.
- Good Moral Character: You must demonstrate good moral character, which generally means having no serious criminal record.
- English and Civics Knowledge: You must have a basic understanding of English and U.S. government and history.
Step 2: Complete Form N-400
The next step is to complete Form N-400, Application for Naturalization. Here’s how:
- Download Form N-400: Visit the USCIS website to download the form and instructions.
- Fill Out the Form: Provide accurate and complete information. Common sections include personal information, residence and employment history, travel history, and criminal background.
- Sign and Date: Ensure that you sign and date the form before submission.
Example: I once had a client, John, who was unsure about how to fill out the travel history section. We carefully reviewed his travel dates to ensure accuracy, avoiding potential delays.
Step 3: Gather Supporting Documents
Along with Form N-400, you will need to submit several supporting documents:
- Photocopy of Your Green Card: Both sides.
- Proof of Marriage: If applying based on marriage to a U.S. citizen.
- Proof of Termination of Prior Marriages: If applicable.
- Two Passport-Style Photos: If residing outside the U.S.
- Additional Documents: Depending on your specific situation, such as evidence of military service or tax records.
Step 4: Submit Your Application
Submit your completed Form N-400, supporting documents, and the application fee to USCIS. You can file online or by mail. The current fee is $725, which includes the $640 application fee and the $85 biometric services fee.
Example: Sarah, another client, opted to file her application online, which streamlined the process and allowed her to track the status of her application easily.
Step 5: Attend the Biometrics Appointment
After submitting your application, you will receive a notice for a biometrics appointment. During this appointment, USCIS will take your fingerprints, photograph, and signature for background checks.
- Prepare for the Appointment: Bring your appointment notice, Green Card, and another form of ID (e.g., passport or driver’s license).
- Appointment Day: Arrive early and follow the instructions provided by the USCIS officer.
Step 6: Prepare for the Citizenship Interview and Test
The citizenship interview and test are crucial components of the naturalization process. Here’s how to prepare:
1. Study for the Civics Test
- Study Materials: Use the official USCIS study materials.
- Topics: U.S. history, government, symbols, and holidays.
- Practice Tests: Take practice tests to gauge your readiness.
2. Improve Your English Skills
- Reading and Writing: Practice reading and writing simple sentences in English.
- Speaking and Listening: Engage in conversations with English speakers to improve your listening and speaking skills.
Example: David, a client who struggled with English, enrolled in ESL (English as a Second Language) classes and used USCIS flashcards to study for the civics test. This preparation helped him pass both the language and civics tests confidently.
Step 7: Attend Your Citizenship Interview
You will receive an appointment notice for your citizenship interview. Here’s what to expect and how to prepare:
- Review Your Application: Familiarize yourself with the information you provided in Form N-400.
- Bring Required Documents: Appointment notice, Green Card, passport, state ID, and any additional documents requested by USCIS.
- Interview Day: Dress professionally, arrive early, and be polite and honest during the interview.
Common Questions: The USCIS officer will ask questions about your application, background, and your understanding of U.S. civics. They will also assess your English proficiency.
Step 8: Receive a Decision
After your interview, USCIS will notify you of their decision:
- Granted: If approved, you will receive a notice for the Oath of Allegiance ceremony.
- Continued: If additional information is needed, USCIS will provide instructions.
- Denied: If denied, USCIS will provide reasons and information on how to appeal.
Step 9: Attend the Oath of Allegiance Ceremony
If your application is approved, you will be scheduled for an Oath of Allegiance ceremony. This is the final step in the naturalization process:
- What to Bring: Your appointment notice, Green Card, and any other required documents.
- Ceremony Day: You will take the Oath of Allegiance, receive your Certificate of Naturalization, and officially become a U.S. citizen.
Example: Maria, a client from Mexico, described her Oath of Allegiance ceremony as one of the proudest moments of her life. She was joined by her family and friends, making it a memorable celebration.
Conclusion
Applying for U.S. citizenship is a significant and rewarding journey. By following these step-by-step instructions and preparing thoroughly for each stage, you can navigate the process with confidence. At CK Law Firm, we are committed to supporting you every step of the way. Contact us today for expert legal advice and personalized assistance.
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