How Does USCIS Investigate?
Applying to immigrate to the United States is a big decision! If you are wanting to become a legal US immigrant, there are important steps to complete, including a USCIS (United States Citizen and Immigration Services) investigation. This includes a background check, fingerprints, and a name check. Let’s look at how this process works so that you are confident in the process and prepared to begin.
How does a USCIS investigation work?
The USCIS investigation includes a background check, fingerprinting, and a name check. It is important to comply with these requests in an open and honest way. Let’s look at what each of these means a little more closely.
Background Check
USCIS conducts a background check to analyze information from a variety of databases, agencies, and systems, seeking red flags related to national security and public safety.
Fingerprinting
USCIS will notify you that you have a biometrics service appointment. This appointment will be at your local Application Support Center after filing your immigration application. This is a required appointment where your fingerprints will be taken. Your fingerprints will be able to retrieve further information for the USCIS pertaining to any type of criminal background. The agency will know if you have or have not been involved in any type of criminal or administrative activity based on this check.
It is important to attend this appointment. If, for some reason, you cannot attend on the date and time you are assigned, you must provide a good reason. If you do not show up, your application may be considered “abandoned.”
Name Check
FBI name checks are used in order to check your name against any administrative, applicant, criminal, personnel, and other files compiled by law enforcement. Your name will be searched in various databases that list and name known criminals and suspects. The FBI’s Universal Index is included in the databases that are searched.
If there are no issues found in your name check, you will progress to the next step of your USCIS investigation.
We Can Help
Hurtubise Weber Law Firm specializes in Immigration services, including family- based immigration. If you are seeking US citizenship or are interested in sponsoring a spouse, child, or parent in achieving citizenship, we are here to help you.
Call us today for help with your immigration needs.
San Jose office: 650-691-8370
San Francisco:415-413-8760
Can I Obtain a Lawful Admission if I Travel Using TPS Travel Authorization?
On July 1, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum announcing a new pathway for persons granted Temporary Protected Status (TPS) to travel outside the United States and be readmitted in a legal status that would allow them, in certain circumstances, to qualify for lawful permanent residency.
This may be great news for you and your loved ones! The new regulation is written in an attempt to make all regulations consistent and clear for those affected by its governance. TPS has been available for noncitizens from certain countries since 1990 and offers temporary protection by the Secretary of Homeland Security for individuals from those countries, primarily where armed conflicts and environmental disasters are factors, though other extenuating circumstances may cause eligibility. TPS provides protection for individuals physically present in the US from DHS and additionally allows permission to travel abroad and regain admittance into the US.
Effective July 1, 2022, TPS holders may seek travel authorization from USCIS by requesting issuance of a “TPS Travel Authorization” on the newly created Form I-512T.
What is Form I-512T?
Form I-512T is a type of travel document for TPS beneficiaries. At this time, TPS beneficiaries requesting a Form I-512T travel document must complete and submit the same form they previously used in applying for advance parole, i.e., Form I-131 Application for Travel Document. It is important to note that those TPS beneficiaries who previously received advance parole may still travel on that document and will be treated upon return as having been inspected and admitted. It is particularly critical that TPS beneficiaries consider their individual immigration history before departing from the United States.
The new regulations may certainly benefit you. Be informed and mindful of policies, procedures and protocols. At Hurtubise Weber Law, our office is ready to assist you with any family-based immigration and visa services. Visit our website or call our offices in San Jose 650-691-8370
or San Francisco 415-413-8760.
What Are The Advantages To Hiring An Immigration Attorney As A Business
Navigating the complexities of immigration can be quite a challenge. Hiring an immigration attorney can be a very wise choice. Here are some benefits to hiring an immigration attorney.
1. Expertise and Knowledge-Immigration laws can be quite complex and change frequently. Navigating the legal intricacies can be quite the challenge. An experienced attorney will be up to date on any new immigration laws as well as very seasoned with the procedures and requirements. They can provide you with accurate information.
2. Experience-Having worked through many immigration cases over the years, this may be your first time dealing with immigration law, but this is not your attorney’s first time. They will be aware of the many different scenarios that may occur as well as the many different options available. They will be able to guide you and advise you about what options you have and what will be the best decisions for you.
3. Customized Advice: Your case is unique. A reputable attorney can give you personalized advice based on your distinctive situation. They will then present you with options and help you choose the best course of action tailored to your specific case. They want you to have the best success you can have. They realize that your case is unlike any other. Your immigration attorney will help guide you down the best path.
4. Legal Strategy and Planning-An experienced immigration attorney will help you strategize. You need a long-term plan to make your immigration dreams a reality. Your attorney is here to help. They can help guide you down the right path so that you will have success and your legal issues are few.
5. Assistance Obtaining Permits-Experienced immigration attorneys will assist you in getting the permits you need to be allowed to work in the United States. Whether you require a visa, EAD (work permit) or a green card, a seasoned immigration lawyer can help expedite the process of obtaining these permits.
6. Document Preparation and Filing-You do not need the headache of filing paperwork for your immigration needs. An experienced immigration attorney can be of great assistance to you in this area. The applications for immigration are frequently very lengthy and challenging to complete. If they are submitted with errors, they will have to be refiled. An immigration attorney knows this. They can help you file everything accurately and on time. This will prevent delays, rejection, and other potential issues with your application.
7. Representation in Court-Sometimes your case will require you to appear in court. Sometimes you will have to attend hearings and/or court proceedings. Having legal representation on your side is a huge benefit to any kind of court case. They can speak for you, plead your case, present evidence and be your advocate in speaking to the judge about your immigration issues.
8. Communicating with Immigration Officials-Particularly if you are not fluent in the language of the country to which you are immigrating, this can be a wonderful perk. Immigration attorneys know what they’re talking about when it comes to legally representing your immigration needs. Let them do the talking. Your success is their primary concern.
9. Risk Mitigation-When every i has been dotted and every t crossed by a reputable immigration attorney, you can know that you are in good hands and don’t have to worry about serious complications. Although there are still some risks associated with the immigration process, they are significantly minimized when you have an immigration lawyer on your side.
10. Increased Chance of Success-An experienced immigration attorney can greatly increase the likelihood of success in the immigration process. You can be left with peace of mind knowing that your immigration case is in good hands with your immigration lawyer at your side.
Whatever your situation, you can know that you will be covered legally if you hire an immigration lawyer. The peace of mind you will have once you are covered legally is immeasurable. When you have immigration needs, hire an attorney you can trust.
From filling out forms to obtaining permits and documents to speaking to immigration officials to appearing in court, an immigration attorney will have you covered. The simplification of this very complicated process is something you will want when you begin the immigration process. When you have hired an experienced immigration attorney, you can rest easy knowing that you are in good hands.
Hurtubise Weber Law
Your immigration case is the most important challenge in your life. Why not go with the experts in immigration law? The attorneys at Hurtubise Weber Law are experienced in helping their clients succeed. We have offices in San Francisco and San Jose, however we operate fully virtually and can serve you wherever you are. website or call us at (415) 548-7067.
What Does Authorized To Work in the U.S. mean?
You may be finding yourself asking that question. But what does it mean to be legally authorized to work in the U.S.? To be authorized to work means legally having the right to work in the United States. If you are a citizen of the U.S. you may work freely. Foreigners to the United States require authorization before they can work.
Navigating a Global Economy
It is of utmost importance that both employers and employees understand what it means to be authorized to work. We will talk about the most important aspects of acquiring authorization to work in the U.S.. We will discuss how to understand the intricacies of employment law.
Work Authorization
What does it mean? It is the permission granted legally by the United States government to be employed in some way in the country.
Work Authorization is Important
Work authorization is important because it serves as a major component of a country’s employment system in partnership with a country’s immigration system. It affects the global economy as well as the local labor pool.
· Regulating Employment-work authorization ensures that individuals are legally permitted to work within a certain country. This helps regulate employment and maintain the integrity of the labor market.
· Fair Competition-When work authorization is enforced, this helps countries promote fair competition. All job seekers have an equal opportunity to obtain employment and that is important to the integrity of the company as well as the integrity of the legal system.
· Rights Protection-work authorization protects the rights of employees and employers.
· Economic Contribution-legal workers are proving their eligibility to contribute to the locate and global economy
· Tax Compliance-Work authorization means the system of taxes will be a fair one and that income will be legally tracked in compliance with labor laws. It also keeps workers from being exploited.
· Economic Growth and Stability-Work authorization means the economy can grow and thrive in a stable environment.
How is Work Authorization Obtained?
Authorization to work in the United States can be obtained through several different ways. At least one of three documents is needed to be granted permission to work. These three are a work visa, an employment authorization document, or a green card.
Work Visa
Work visas are offered by the U.S. Department of Citizenship and Immigration Services and the Department of State. There are many types of work visas.
· H-1B visas-are offered for specialty occupations
· L-1 visas-are available for intracompany transferees
· O-1 visas-are offered to those individuals who have extraordinary skills or special talents or achievements.
· E-3 visas-this visa is only for Australian citizens with particular occupations in specialty fields (usually sponsored by employeres and tailored to fill very specific jobs)
Employment Authorization Document (EAD)
An employment authorization document is sometimes known as a work permit. It is a card that will be issued to you by the United States Citizenship and Immigration Services that allows you to work in the United States. Some examples of who may be able to obtain a work permit include:
· Individuals seeking asylum
· Students enrolled in OPT or Optional Practical Training
· DACA recipients (Deferred Action for Childhood Arrivals)
· TPS recipients (Temporary Protected Status)
· Spouses of individuals holding visas
· Applicants for adjustment of status
An EAD can be obtained through the United States Citizenship and Immigration Services by Submitting form I-765 with supporting documentation.
Green Card
If you have a green card, you have the right to work permanently in the United States. Green cards can be obtained through
· Family sponsorship
· Refugee or asylum status
· Employment
· Diversity Immigrant Visa Program
· U visa status
Are you Eligible for Work Authorization?
Eligibility to work depends on immigration status. Some individuals who may be eligible include:
· Permanent Residents/Green Card Holders, and applicants for adjustment of status
· Foreign Nationals with Work Visas
· Students and Exchange Visitors
· Refugees and Asylum Seekers
· DACA Recipients
· Dependents of Visa Holders
· Temporary Protected Status Recipients
What Documentation is Required to Obtain a Work Permit?
Required documentation depends on the specific category under which a foreign national is seeking employment authorization. However most categories require:
· Two Passport Photos
· Copy of Form I-94
· Government Issued Identification
· Previous Employment Authorization Documentation
Can my work authorization be revoked or expired?
Yes. In addition, employment authorization generally expires so it is necessary to pay attention to the expiration date.
Is Work Authorization Necessary for All Employment?
Yes. Work authorization is what makes any work legal. Therefore it is required for any and all work.
Do Students Need Work Authorization to Work while attending School?
Yes. Students who are working and going to school at the same time are required to have authorization through their school and/or a work permit to work legally.
Do I Need Work Authorization to Volunteer or Complete an Internship?
Maybe. Sometimes even volunteer work requires work authorization.
Hurtubise Weber Law
To be authorized to work means legally having the right to work in the United States. This authorization is of utmost importance in the workplace. Foreigners in the United States require authorization before they can work.
If you are seeking advice on how to obtain work authorization, contact us. We have offices in San Francisco and San Jose, however we operate fully virtually and can serve you wherever you are. For more information, or for help with documents, visit our website or call us at (415) 548-7067.
Is It Possible to get a Job in the U.S. without a Work Permit
In the United States, working without a work permit is no laughing matter. Here we will discuss wwhat work permits allow you to do, who is eligible for a work permit, and what happens if you work without one.
What is a Work Permit?
A work permit is a card that is issued by the government that allows employment in the U.S. Work permits are also known as Employment Authorization Documents and can be used by foreign nationals to work as they await the issuance of their green card or while present in the U.S. in a status that allows employment. They can be used to work in the country without a work visa.
What Does a Work Permit Allow You to Do?
A work permit generally grants permission to work, without restrictions. Work permits are usually issued for a specific amount of time.
Eligibility
People who are eligible for a work permit may include:
1. Those with pending asylum applications
2. Certain visa holders
3. Spouses of certain visa holders
4. Those with temporary protected status (TPS) or deferred action for childhood arrivals (DACA)
5. Those pending adjustment of status
How Do I Apply for a Work Permit?
Application for a work permit requires submitting an application for employment authorization, which includes form I-765 and supporting documentation.
These are filed with the United States Citizenship and Immigration Services or USCIS. The process may vary based on your immigration status. When in doubt, contact your immigration lawyer.
How Long will it take to get my Work Permit?
Since all situations are different, processing times will also vary from person to person. When in doubt, visit the USCIS website for the most current information.
How often do I need to Renew My Work Permit?
Each work permit will have a specific date range for which it is applicable. Check the date that applies to you and renew your EAD if you plan to continue working in the United States. Make sure to renew your permit well in advance of the renewal deadline as these permits can take a long time to process.
Are there any Restrictions or Limitations associated with my Work Permit?
Some people may have employment restrictions based on their immigration status or the rules tied to their work permits. It is very important to be knowledgeable about the specific limitations and restrictions attached to your own work permit.
What about Unpaid Internships and/or Volunteer Work?
Even volunteering may require authorization in the form of a work permit in some situations. Contact an immigration lawyer to find out more.
Don’t forget, you will need authorization to work even for short-term employment or informal situations. Do you need a work permit to work in the United States? The answer is yes. Remember that even part-time work without a permit can result in harsh penalties, up to and including the prohibition of future work in the country. So, make sure you contact the appropriate offices and get everything ready before you start.
Hurtubise Weber Law
If you have questions about how to adequately educate yourself on immigration law, work permits, work visas, hiring foreign workers, or any of these topics contact We have offices in San Francisco and San Jose, but operate fully virtually and can help you wherever you are. For more information, visit our website or call us at (415) 548-7067.
