12.17.2024 A viable option for a immigrant to stay in the US and continue to train and work after the expiration of the their OPT is to file for an H3 training visa. This is a viable tool if the immigrant has not qualified for an H1B through the lottery. It can be approved for up to 24 months and thus it gives the employer two more entries into the H1B visa lottery. Once has to prove that the employee is receiving training, and so a rigorous training manual is advisable as well as a rationale for creating the program. We recently were able to have such an application approved for two different companies.
Recently, we were able to obtain a EB1 approval for a person based on their international reputation as a traditional dancer. The country of origin was India, where the visas are regressed in all the employment categories. The EB1 option gave them the opportunity to get a green card very quickly.

04.16.2024 Recently we won a major immigration case, where a green card holder with aggravated felony convictions was being deported/removed from the US because of his criminal conviction. The immigration service will seek to remove green card holders (aka lawful permanent residents) from the US, if they broke the law. Thus a green card will not protect you if you have been convicted of a crime of moral turpitude where the sentence was more than one year, or two crimes of moral turpitude if the sentence was less than one year or if you have been convicted of an aggravated felony. There are several types of applications that can be made if the green card holder is eligible, and if successful can stop the deportation of a person who has committed any of the crimes of moral turpitude. These cases are always in front of an immigration judge. However, it is nearly impossible to stop the deportation or removal of a person who has committed an aggravated felony. To stop such a deportation, you have to convince the immigration judge that it is more likely than not, that your client will suffer torture if he is returned to his country. This we did last week, in a case which we have been trying over the last few months. It is extremely encouraging to see that the US government values life enough to protect a person from likely torture.

03.01.2024 Given the terrible situation in the Israel Gaza conflict and all the controversy it has generated, I am very proud of a recent case handled by our office. In July of last year, an Israeli/American citizen contacted us asking how she could bring her Syrian/Arab boyfriend to the US. It is difficult for individuals from third world countries to get nonimmigrant visas to the US. They had been working together in Europe on a peace mission and they were in love. They’re relationship in a torn world filled me with hope and gratitude. I suggested a fiancé visa. My suggestion was welcomed and they proceeded with the application. Following the horror of the Hamas October 7 massacre and the cheers from some of the Arab world, the petitioner called us and asked us to withdraw her application. I had a long talk with her, where I told her to hold off withdrawing the application and to wait till things were less volatile to assess the relationship and its future possibilities. When she called me a month later to tell me that they had survived the trauma as a couple and decided to proceed, I cried. The immigration service approved their visa. They are both in the US, a testament to the power of love to overcome hatred and bigotry. This wedding should be celebrated by the whole world as a view of the future. Happily ever after can happen.

10.16.2023 The E visa is a wonderful vehicle to bring you to the US if you are a citizen from a qualifying country. The E visa is a nonimmigrant visa given to people who come to the US to make an investment. It is different from the EB 5 investment greencard because it requires far less money in the initial investment. As a rule of thumb, we recommend that the investment be between 100,000 to 175,000, that the business be brick and mortar and that it be already in existence not merely a plan when we start. The visa is not a vehicle to a green card, though we have been able to file green card applications for workers, who have no interest in the business. Even if the investor is not from a listed country, we can file this visa application if the the spouse has citizenship in a listed country.

The U visa is another vehicle to a green card for people who have been the victim of a serious qualifying crime. It takes a long time ot get to a greencard, but it is the most generous and forgiving visa. Victims of crime in the US are given strong protection. IT requires that the crime be reported to the police, that the victim is willing to cooperate with police and that the victim suffered an injury. We recently filed a case for a woman who was the victim of pervasive sexually abuse by a family member who was assisted by his church to flee the country before he was prosecuted. Only then did someone contact children's services. It was difficult for us to persuade the local police to certify this case because the perpetrator did not require prosecution. However, eventually they certified and we filed the case, giving the victim some opportunity to be heard. However, the immigration service, took a statement out of context and have sent us an intent to deny claiming that the 16 year old girl's statement, I can't talk about it anymore is tantamount to not being willing to cooperate and hence the case has to be revoked. Of course we are fighting back with all our guns drawn. We are fierce.

10.02.2023 In the last few days, I was asked to help in a heartbreaking situation. I got a call from a Romanian individual asking me for help with his 15 year old daughter. He was contacted by Immigration and was told was that his daughter was in a hospital in Washington State. I called Customs and Border Patrol (immigrating) and a very polite customs and border agent told me that the child was indeed in the hospital, but under immigration detention. He further told me that they were tracking the car when it crossed into the US, but while they lost sight of it, the car rolled. She was one of the passengers in the car and injured. Others were either hospitalized or arrested. After numerous phone calls, in which I argue that the parents have a fundamental right to see her, I convince the agent in charge to let the girl speak to her parents. I give them the father’s number, and an hour later a very happy Dad call s me to tell me that he just got off the phone with his child and she sounds good. The girl only speaks Romanian. I am trying to persuade CBP to release the child to the parents when she leaves the hospital. CBP works with The Office of Refugee Resettlement which takes custody of unaccompanied children. I argue that this child has parents and there is no need for guardianship. By Tuesday, I learn that she is released from hospital to CBP. She is now in their jail. So the US government thinks it is protecting the child by putting her in jail, instead of releasing her to her parents when the parents are physically present and able to care for their child. I ask them to let her parents visit. No, they have no facility for that. Then I speak the the criminal investigator who tells me the driver is being criminally prosecuted and they subpoenaed the child to the grand jury to testify. The child cannot leave the area as she has a Federal Subpoena. I am livid. The officer tries to appease me by promising to do everything he can to release the child to parents.
In the morning I get a call from the parents to tell me they have the child. Immigration officers stymied by red tape.

07.26.2023 The U visa is a little known mechanism to get status in the US. Eventually one gets a green card. It is available to victims of crime in the US. While being the victim of a crime is a horrific thing, it can bring huge benefits. The victim and his immediate family get status, a nonimmigrant visa and eventually a green card. The crime must be reported to the police and to commence the case, we have to obtain certification from law enforcement. Only listed crimes qualify. It is a very slow process but now people waiting in line for the visa can apply for work authorization. It also stops deportations. After the U visa is approved, one can file for a green card after being on the U for 3 years. Almost all immigration violations are waived, through a separate application process. It is a very effective path to a green card.

06.06.2023 Last year, we had a woman in our office, who was helping a Mexican family with their immigration paper work. Sitting quietly next to her was a young pregnant girl. I asked the woman if this was her daughter, she said, no, the girl was with her in foster care. The girl had a lot of problems with her family and Children's services had taken emergency custody and found her a placement. I asked the woman what the girl's immigration status was. She said that she was illegal. I then explained to our guest that under SJS the girl could get a green card. It was a relief to get an immigrating child whom we didn't have to battle in Juvenile Court. Everyone jumped at the idea that her current situation was exactly what made her amenable to a green card through the Special Juvenile Status provisions. Yesterday we got her Special Juvenile Status approved. She will get a green card. I am not even sure that she fully comprehends her immigration situation and how fortunate she is that she came to my office and I had the curiosity as to what was going on with her and the knowledge and skills to help her. It is an privilege to do immigration work. Every day we save a life.

05.08.2023 We recently won an asylum case for a lesbian from Honduras who was proved she was the victim of persecution on account of her being a lesbian. She will become a green card holder and then a citizen. These same sex cases are of particular concern to us, because the persecution of LGBTQ people is horrific throughout the world. If we can help people find a safe haven to live their lives with the partners of their choosing, then our efforts served a purpose. It is such a privilege to do the kind of work we do.

04.30.2023 Another immigration success story. We are happy to report success in timely filing U visa applications for an undocumented family from India who has lived undocumented for many years. Although their younger children were born in the US, their oldest daughter here and owned a convenient store for years. Their store is in a dangerous neighborhood and although they had been victim of several robberies, they were unaware of the special immigration U visa available to people who are the victim of certain crimes in the US. We were able to file two immigration cases for the parents and the daughter who was now over 21. These applications will give the victims permission to work while waiting for approval of the visa and eventually will lead to their green card.

03.01.2023 In Rare Victory, Immigrants Prevail in Suit Over Meat Plant Raid.
The workers accused the government of racial profiling and excessive force. The agreement is very likely the first class settlement over an immigration enforcement operation at a work site, experts say.
https://www.nytimes.com/2023/02/27/us/meat-plant-raid-immigrants-tennessee.html?smid=em-share

02.28.2023 Biden Administration Plans Crackdown on Migrant Child Labor.
The move came days after a Times investigation showed children were working in dangerous jobs throughout the United States.
https://www.nytimes.com/2023/02/27/us/biden-child-labor.html?smid=em-share

12.12.2022 We are so proud to be advocates for the LGBTQ community. We recently wond asylum for a Lesbian from Guatamala. We had, only a few months ago, won asylum for a homosexual refugee from Albania. These are complicated immigration cases, but winning them makes it all worthwhile. So proud to be at the forefront of the battle against persecution and oppression.

11.01.2022 The court has terminated a case for a person battling schizophrenia. In the past, such people would often be deported to a country where they could not get any mental help, away from all family and any possible support group. Our guy threatened to kill his mother and threw his siter out a window. So yes, when his schizophrenia flares, he is dangerous to those around him. He needs hospital treatment. But such people can be treated with medication, and so their immigration cases do not have to be denied because they fail to show up in court, etc. The immigration court should be as forward thinking as other courts and treat mental illness.

On January 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order, directing the Department of Homeland Security (DHS) to enforce the alien registration requirement under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). This law mandates that most non-U.S. citizens (aliens) in the United States register with the federal government. Any alien required to register who is 18 years of age and older and who fails to comply with the requirement that they carry evidence of registration, and have in their personal possession evidence of registration will be guilty of a misdemeanor and will upon conviction for each offense be fined not to exceed $5,000 or be imprisoned not more than 30 days, or both.

The INA requires that, with limited exceptions, all aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and legal guardians of aliens below the age of 14 must ensure that those aliens are registered. Within 30 days of reaching his or her 14th birthday, all previously registered aliens must apply for re-registration and to be fingerprinted. Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their personal possession at all times.

It is the legal obligation of all unregistered aliens (or previously registered aliens who turn 14 years old) who are in the United States for 30 days or longer to comply with these requirements. Failure to comply may result in criminal and civil penalties, up to and including misdemeanor prosecution, the imposition of fines, and incarceration. Many aliens in the United States have already registered, as required by law. However, a significant number of aliens present in the United States have had no direct way to register and meet their obligation under INA 262. USCIS has established a new form, G-325R, Biometric Information (Registration), and an online process by which unregistered aliens may register and comply with the law as required by the INA.

Who is already registered?
Anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has already registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1 (b)r has complied with the registration requirement of INA 262.

Aliens who have already registered include:

• Lawful permanent residents;
• Aliens paroled into the United States under INA even if the period of parole has expired;
• Aliens admitted to the United States as nonimmigrants who were issued Form 1-94 or 1-94W (paper or electronic), even if the period of admission has expired;
• All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
• Aliens whom DHS has placed into removal proceedings;
• Aliens issued an employment authorization document;
• Aliens who have applied for lawful permanent residence using Forms 1-485, 1-687, 1-691 1-698, 1-700, and provided fingerprints (unless waived), even if the applications were denied; and Aliens issued Border Crossing Cards.

Who is not registered?
Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1 (b), or has not submitted one of the forms designated at 8 CFR 264.1 (a) and provided fingerprints (unless waived) is not registered.
Aliens who have not registered include:

• Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
• Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1 (a), including applications for deferred action or Temporary Protected Status who not issued evidence of registration listed in 8 CFR 264.1 (b).

If you fall into the "Who is not registered?" section above, then you must register.
This includes:

• All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer, They must apply before the expiration of those 30 days;
• The parents or legal guardians of aliens less than 14 years of age: Parents or legal guardians must apply for the registration of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days; and
  Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

Note: American Indians born in Canada who entered the United States under section 289 of the INA, and members of the Kickapoo Traditional Tribe of Texas who entered the United States under the Texas Band of Kickapoo Act, are not required to register.

If you have already complied with your duty to register and been fingerprinted (if required) in connection with your current stay in the United States of 30 days or more and have not reached your 14th birthday in the United States since registering, do not submit this form.

How to register.

Step 1 : Create a USCIS Online Account
To register, you must first create a USCIS online account. See our How to Create a USCIS Online Account page for more information. Each alien submitting Form G-325R must have their own individual USCIS online account. This includes aliens under needs to register, you will to set up an behalf and in their name.

Step 2: Submit Form G-325R
Once you create your or your child's (if you are the parent or legal guardian of an alien under 14 years of age) USCIS online account, fill out an electronic version of the Form G-325R, Biographic Information (Registration). Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.
Each alien who needs to register must submit Form G-325R from the alien's individual USCIS online account. Form G-325R can only be submitted by the named owner of the USCIS online account. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to submit Form G-325R on the alien's behalf through their individual USCIS online account.
As you fill out Form G-325R, please carefully consider whether you have already registered. For example, if you have an Arrival-Departure Record number to provide in response to the question "What is your Form 1-94 Arrival-Departure Record Number," then DHS already issued you evidence of registration. Anyone issued Form 1-94 or 1-94W upon their admission or parole to the United States is already registered. Only aliens who were previously registered but were not previously fingerprinted and who attained their 14th birthday in the United States should submit Form G-325R within 30 days of attaining their 14th birthday.

Step 3: USCIS REVIEW of Form G-325R
Once you have submitted Form G-325R, USCIS will review the information you provided and any DHS records that are available about you.
If it appears that you have already complied with the registration requirements in some other way and do not need to submit Form G-325R, USCIS will notify you that you have already complied with the registration requirement. If you have already registered as required under INA 262, USCIS will not schedule you for a biometric services appointment or provide you with evidence of registration. If it appears that you are required to register, USCIS will review your Form G-325R to determine if you are required to appear for a biometric services appointment. If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration (see Step 5 below).

Step 4: Attend appointment for biometrics collection
If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at one of our Application Support Centers (ASCs). Registrants are not required to pay a biometric services fee under the Interim Final Rule.


Step 5: Receive registration documentation
Once you have registered and provided your biometrics (if required), we will post a notice (USCIS Proof of G•325R Registration) that provides proof of your registration to your USCIS online account. In your USCIS online account, you will be allowed to download a PDF version of the notice and can print it.
Criminal Penalties for Willful Failure or Refusal to Register or Provide Biometrics (if required)
Any alien who willfully fails or refuses to apply to register or be fingerprinted (if required), and any parent or legal guardian who is required to apply for the registration on behalf of an alien less than 14 years of age and who willfully fails or refuses to file an application for the registration of such alien, will be guilty of a misdemeanor and will, upon conviction, be fined not to exceed $5,000 or be imprisoned not more than 6 months, or both.
All aliens 18 years of age and over in the United States required to register under INA 262, including but not limited to those who register using this new process, must carry and have in their personal possession evidence of their registration at all times.

Criminal Penalties for Failure to Carry Evidence of Registration
Any alien required to register who is 18 years of age and older and who fails to comply with the requirement that they carry evidence of registration, and have in their personal possession evidence of registration will be guilty of a misdemeanor and will upon conviction for each offense be fined not to exceed $5,000 or be imprisoned not more than 30 days, or both.

It is important to maintain status in order to move from visa to visa. If you are interested in remaining in the US permanently, it would be best for you to maintain your status. With a student visa already approved, you have to merely enroll in school in the fall to maintain your I20 currnet. Check with your DSO.

We will discuss the H1B, the U visa, a H visa, O visa and employment based green card.

1. The H1B visa, available to people with a 4 year degree who have an offer of employment in a position that requires a 4 year degree to do this, you need a qualifying sponsor. The visa is available for a part time job as long as both the applicant have, and that the job require a 4 year degree.
2. The U visa is available if you or one of your children were a victim of a crime. Domestic violence is a qualifying crime. The crime has to have been reported to the police.
3. The O visa is available to people with extraordinary ability. For example, if you have worked as an artist has been reviewed and that you have had several exhibitions. It is not uncommon to ask people who have access to help generate some press. Equally important are letters of opinion from recognized experts. So you could ask some of you professors to comment as to your abilities and hopefully friend can also comment. Since these cases are adjudicated on the paper submission, the more letters we have the better. It is possible that we could file the O by August, and that would preclude your having to go to school to maintain status.
4. Lastly the green card requires that you have a sponsor, either an employer or a family member. So you could marry a USC or greencard holder, that person becomes the petitioner. Perm application initiate the process with the DOL and then the case moves to CIS. This is most likely the best option. As long as both parties sincerely believe that the process is bonfide, it does not require you to continue to work for employer after greencard.

07.31.2018
For the past 15 years I have both the honor and privilege of working with immigration clients from around the globe. It is through my immigration work here at Svetlana Schreiber & Associates that I have come face to face with the hardships, trials, and tribulations that our immigration clients and their families face on a daily basis. Their escape from terrible sufferings in their home countries, to being hounded in the US while all they are looking for is a chance to live safely and hopeful to obtain green cards, or some other form of permission to stay here permanently, safe from the harrowing dangers of their own countries.

The recent immigration raid in Sandusky, Ohio was no exception. A news story which only existed in print for most folks, directly affected me in my work and tragically showed me again, the direct impact of such raids on our clients, and on their families.

One such client’s father was arrested by ICE two days after his High School graduation. He is only 18 years old and on DACA. When he and his family came crying into our office we immediately set out to help them. His future of going to college in August was in limbo. The family used all his college savings to help pay his father’s bond and help support his mother and two younger siblings. He started working 17 hours a day to make sure he was keeping up with their monthly bills. His family, friends, pastor and local church members worked hard to get us the documents needed to get the father out on bond. This was a community that came together to help each other. This is the American way. As I sat with him in my office I reassured him that we would get through this together and his dream of going to college was in reach. Our office was successful in getting his father a bond. We hope that we will be able to help this family immigrate and get green cards.

Vivian Gambino-Holly
Law Clerk
Svetlana Schreiber & Associates