Unlawful Entry Waived for Client’s Permanent Residency Approval

Client: Family
Client’s Country of Origin: Guatemala
Case Type: I-601A Waiver
Date of Application: Month 2015
Date of Approval: Month 2017

Chief Paralegal Connie Cook of Herman Legal Group assisted our client in the process of visa application. Our client entered the US from Guatemala without inspection for personal travel. During his time in the US, our client connected with a friend established a long-term relationship, and the two became parents to a US-born child.

Following this relationship, his partner sponsored him in filing an I-130 Petition in order to apply for US lawful permanent resident status. However, because our client held an unlawful presence in the country, the process to obtain a visa would become more challenging.

Cook assisted our client in filing an I-601A waiver after the sponsored petition was granted. An I-601A waiver is when the federal government excuses the applicant’s immigration violation under its discretion.

Here, if granted, the waiver would assist with excusing our client’s unlawful presence in the country and allow him to adjust his status. With the assistance of Herman Legal Group counsel, our client’s waiver was accepted for consideration by the Immigration Visa Office in the applicant’s home country.

Our client was then required to return to Guatemala for the interview where he would be considered for waiver. Although not required, our client’s partner insisted on attending the interview with him for support. In conclusion, the Immigration Visa Office decided to approve the I-601A waiver and grant our client his visa allowing him to enter back into the US as a lawful permanent resident.

Buddhist Monk Approved for Permanent Residency and Work Authorization in Ohio

Client: Church Association
Client’s Country of Origin: Vietnam
Case Type: I-129R Petition for Non-Immigrant Religious Worker

Our client a non-profit Vietnamese Buddhist temple retained Attorney Charmaine Rozario of Herman Legal Group to assist with petitioning a religious worker to come to the Cleveland area. Our client was suffering due to a lack of Buddhist monks and nuns in the US.

The temple operated with Buddhist monks/nuns who were sent to them by the Vietnamese American Unified Buddhist Congress in the US to perform services ONLY for Buddhist holidays, festivals, special events, and New Year celebrations.

As a result, our Client decided to find a Buddhist monk who was qualified to carry out special duties such as performing religious worship services, Dharma teaching, conducting meditation training, charitable services, and other miscellaneous services such as wedding ceremonies, memorials for deceased individuals, and funerals.

At the time, the beneficiary was present within the US on F-1 status as an international student pursuing higher studies. Prior to coming to the US, the beneficiary was a devout Buddhist monk actively pursuing Buddhist studies overseas.

He had renounced worldly pleasures in 1986 at a Monastery in Vietnam. As his F-1 status was about to expire, the temple association offered him a position in R-1 status to work as a full-time Monk at our Client – the Vietnamese Temple. R-1 status would allow the beneficiary to change his status and extend his residency in exchange while working full time as a Buddhist monk. R-1 nonimmigrant status permits the beneficiary to obtain a maximum of five-year lawful permanent residency within the US.

While an R-1 petition might seem straightforward: the temple must establish that it is a bona fide nonprofit religious institution, and the beneficiary must be qualified for the position however, there are maybe several roadblocks that arise when the USCIS decides to complicate the process.

For instance, the timeliness of ICE officers visiting the institution in order to validate the presence of an actual church may be delayed, and the USCIS conducts a background check on the institution to authenticate its nonprofit affiliation and workers’ wages, which becomes more difficult and complex for smaller churches that rely on weekly collections to pay their religious workers.

With the assistance of the Herman Legal Group, the overall process was quick and efficient with no issues.

Immigration In Ohio Made Easier for Ethiopian Priest

Client: Church Association
Client’s Country of Origin: Ethiopia
Case Type: I-29 Petition for Special Religious Worker
Date of Application: January 2018
Date of Approval: June 2019

Our client a non-profit Ethiopian Orthodox Christian Church, retained Attorney Erin James of Herman Legal Group to assist with petitioning a religious worker to come to the Cleveland area. Our client suffered due to the lack of Ethiopian Orthodox priests in the US. Although our client is affiliated with the Ethiopian Orthodox Tewahedo Church, whose membership consists of nearly 50 million people, the majority of its members live in Ethiopia.

As a result, our client needed a religious worker who has a comprehensive knowledge of the Scriptures and familiarity with the whole body of traditional rituals passed down through generations.

At the time, the beneficiary lived in Ethiopia and served as a full-time Monk and Priest.

By law, to qualify as a special immigrant religious worker, a foreign national must have been a member of a religious denomination that has a bona fide non-profit religious organization in the US for at least 2 years immediately before the filing of a petition to seek to enter or adjust status in the US in a full-time, compensated position as a minister or as someone in a religious vocation or religious occupation.

Due to these requirements, Attorney Erin James needed to assemble substantial evidence to demonstrate the church’s status as a non-profit religious organization and evidence of satisfaction of criteria that makes the priest eligible for the position. With expert counsel, our client was able to file a petition that provided specific information in regards to its organization and various certifications and letters from other priests attesting to the beneficiary’s work.

As a result, the USCIS warranted its approval with no issue. Upon the approval, our client’s Senior Priest visited our office and happily gave us his blessing.

Diversity Lottery Visa 2025: All You Need to Know

Are you looking for a chance to gain permanent residency in the United States? You can register in 2024 for the 2025 Diversity Lottery Visa program via the State Department Website, during the set time (usually early October until a date in early November). In prior years, the filing date was October 5 through November 8. It is expected that results for the Diversity Immigrant Visa Program 2025 (also called the Electronic Diversity Visa) will be announced in May, 2024.  

This article provides an overview of the eligibility criteria, application process, and tips for successfully submitting your entry to this program. 

What you need to know about the Diversity Lottery Visa?

The Diversity Visa program, also called the Green Card Lottery, is an opportunity for people from countries with low immigration rates to the US to gain residency. Every year, the U.S. Department of State randomly chooses 55,000 foreign nationals to legally immigrate to the US.

The period for submitting applications is open from the beginning of October until the start of November annually. The government says to enter early, as website delays usually happen due to high demand. There is no fee to register; however, you can only enter with one entry—if you have more than one, you’ll be disqualified.

What are the eligibility criteria for the Diversity Visa Program?

There are simple but strict eligibility requirements:

Be a citizen of an eligible country: Nationals from countries that have sent a significant number of immigrants to the U.S. in the past five years are not eligible. The list of eligible countries may change each year. 

Applicants must have citizenship from one of the countries listed here.

You may be eligible for the program if your spouse or parent is a native of a country included in the list provided above. If you are a native from one of the following countries, you are not eligible for this period:

• Bangladesh
• Brazil
• Canada
• China (including Hong Kong SAR)
• Colombia
• Dominican Republic
• El Salvador
• Haiti
• Honduras
• India
• Jamaica
• Mexico
• Nigeria
• Pakistan
• Philippines
• Republic of Korea (South Korea)
• United Kingdom (except Northern Ireland) and its dependent territories
• Venezuela
• Vietnam

Education or Work Experience: Applicants must have at least a high school diploma or its equivalent. Or two years of work experience over the past five years in an eligible field that requires at least two years of training. 

Tips for successfully submitting your entry for the Diversity Visa Lottery program:

By following these tips, you’ll be well prepared to navigate the Diversity Visa Lottery program and stay informed about your application status and next steps.

1. Use the Official Website: Submit your Electronic Diversity Visa Entry Form (E-DV Entry Form or DS-5501) exclusively through the official website at dvprogram.state.gov. Will not accept entries sent by other means.
2. No Submission Fee: There is no cost associated with submitting the online entry form. Be cautious of any websites or individuals requesting payment for this service.
3. Update Your Browser: Make sure to use an updated web browser when submitting your application. Older browsers, like Internet Explorer 8, may encounter compatibility issues with the online DV system.
4. Access to Your Email: Make sure that you have continued access to the email account listed in your DV entry. This email account is important for receiving notifications and updates regarding your entry status.
5. Print Your Confirmation Screen: After submitting a complete entry, make sure to print the confirmation screen, which contains your name and a unique confirmation number. Keep this document safe for your records.
6. Check Your Entry Status: Starting May, visit “Entrant Status Check” to see the green card lottery results. Enter your confirmation number and personal information.
7. Use Entrant Status Check for Updates: If selected, you’ll receive a confirmation page with further instructions, including information about immigration fees. Entrant Status Check is the only official notification method; there are no mailed letters or email notifications.
8. Admissibility Assessment: To immigrate, DV selectees must be admissible to the United States. The DS260 application and consular interviews will assess eligibility under U.S. law, covering criminal and security-related topics.
9. Visa Issuance Deadline: By September, everyone, including family members, must get a visa. After this date, the government won’t approve new DV or adjustment visas or let family members join the principal applicant in the United States.
10. Be wary of scams: Be careful of emails or websites that ask for money or immigration information. Forms and information are available on the Department of State website. Some organizations or websites may try to charge fees for DV-related services, which could result in lost funds. Avoid sending money or personal data to these sources, as it may be used for identity theft. 

Remember that the U.S. government never sends emails to announce selection, and they won’t ask for money through mail or services like Western Union. 

Get advice from an immigration attorney if you have questions about your application or immigration status. This will make you more confident you’re doing the process correctly.

At Herman Legal Group, we understand the importance of the Diversity Visa Lottery and how it can impact your family. We will provide you with the guidance you need to make an informed decision and maximize your chances of success. We will also help you with any post-lottery issues you might encounter. Book a consultation with Herman Legal Group today and start your path to citizenship.