Featured Client of the Month: Amber Mac

Amber Mac(Arthur) is a globally recognized Digital Innovation Expert, and one of Berardi Immigration Law’s most recent client success stories.  Amber is a successful entrepreneur, author, keynote speaker and social media influencer. She has authored two bestselling technology books and is also a regular tech expert on major TV and radio networks such as CNN, CTV, Bloomberg, CBS and SiriusXM. She has keynoted over 300 events and worked with some of the world’s top brands such as Google and Nintendo. As a Canadian citizen and in-demand tech expert, Amber got in touch with us earlier this year seeking a strategy that would allow her to travel to the United States in order to maintain her business and speaking engagements. Amber explained that “with a rising number of U.S.-based work requests, we contacted Berardi Immigration Law to properly go through the visa application process.” Considering Amber’s extraordinary ability and accomplishments in the tech field, our attorneys determined that an O-1 visa was the best option for her because it would allow her to enter the United States and fulfill her speaking and business commitments.  Our firm immediately began the application process. “From the moment we contacted Berardi Immigration Law, they’ve been […]
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Naturalization as a Lawful Permanent Resident

While there are several options available to obtain citizenship through naturalization, the most common path to obtain citizenship is for a green card holder who has resided in the U.S. for five years.  While there are certain exceptions, USCIS states the general eligibility requirements for this method of naturalization are as follows. A permanent resident must: • Be green card holder of at least five years; • Be at least 18 years old at the time of filing; • Have lived within the state for at least three months prior to the application; • Have continuous residence in the U.S. as a green card holder for the proceeding five years; Continuous residence means that the applicant maintained residence within the U.S. for five years. USCIS highlights the fact that extended absences out of the U.S. may disrupt the applicant’s continuous residence. Absences that are longer than six months but less than one year may disrupt continuous residence, unless the applicant can prove otherwise. Absences that are longer than one year may also disrupt continuous residence. Exceptions may be granted for this requirement for certain types of overseas employment. • Be physically present in the U.S. for at least 30 months […]
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Department of Homeland Security Publishes Goals to Ensure Security at the Northern Border

On June 12, 2018, the Department of Homeland Security (DHS) released a document titled the DHS Northern Border Strategy. This document published findings of the assessment DHS conducted in 2017 regarding security issues and concerns at the U.S. border with Canada.  While DHS concluded that the Northern Border faced more limited threats compared to the Southern Border, there nevertheless remain some concerns. This document presents DHS’s three main goals, along with additional objectives and instructions that will help accomplish these goals. DHS aims to implement this plan in fiscal year 2020 and reexamine it every five years for updates. The Northern Border Strategy aims to safeguard the Northern Border against terrorist and criminal threats, facilitate the flow of lawful cross-border trade and travel and strengthen cross-border resilience. These efforts will be coordinated between federal, state, local, tribal and Canadian entities. DHS notes that the main concern at the Canadian border is the bi-directional flow of drugs, although there are other issues present such as active transnational criminal organizations (TCOs). The first goal presented in this document is to enhance security operations at the Canadian border. DHS proposes to accomplish this goal in several ways. First. The U.S. and Canada must […]
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Naturalization Through Military Service

One way to obtain citizenship is naturalization through military service. Requirements will vary based on whether time in the military was served during peacetime or during periods of hostility. Generally, the applicants must show at least one year of qualifying service. These specific requirements are governed by special provisions of the Immigration and Nationality Act (INA).  Applicants enjoy certain benefits that are not offered to other types of applicants. Some benefits are that service members and their families may gain citizenship even if they don’t meet all the general requirements, service members may not have to pay any application or biometric fees, and the process may be expedited. Service members will need to demonstrate that they meet either section 328 or 329 of the INA. They will then fill out the Citizenship application form. A major benefit of naturalization through military service is that members of the U.S. forces and their families may be eligible for expedited or overseas naturalization. Active-duty service members and families may be interviewed and naturalized abroad at certain U.S. embassies, consulates and military installations. In addition, families of U.S. citizen service members who are or will be stationed abroad may be eligible for expedited naturalization.  […]
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How to Calculate a Day for Immigration Purposes

Many immigrants and visitors to the United States are often unsure how USCIS defines a day. Although it may not seem like a major issue, miscalculating days either within or out of the United States can have major consequences for foreign nationals either immigrating to or visiting the U.S. It is helpful to divide this topic into two categories: nonimmigrant and immigrant purposes. Nonimmigrant purposes Nonimmigrants refer to people who do not wish to reside and work permanently within the United States. Some examples of this include foreign nationals visiting the United States as tourists or foreign nationals coming to the United States to work on a temporary visa. For nonimmigrant purposes, any traditional 24-hour period in which the foreign national spends even one hour in the United States is considered by USCIS to be one day.  This is something important to keep in mind, especially when making travel arrangements. For example, if a foreign national’s flight leaves early in the morning one day after the expiration of a visa, the foreign national is technically not authorized to be in the United States. In the same vein, foreign nationals run the risk of facing difficulties entering or traveling to the […]
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Becoming a Naturalized Citizen in the United States

For the month of July, Berardi Immigration Law will be presenting a series of blog posts concerning the naturalization process. Naturalization is the process by which the United States grants citizenship to a foreign national. Naturalization requirements are set forth by the Immigration and Nationality Act (INA).  United States Citizenship and Immigration Services (USCIS) lists ways in which you may qualify for citizenship through naturalization: Qualifying service in the U.S. armed forces and meeting all other eligibility requirements; Permanent residency for at least five years and meeting all other eligibility requirements; Permanent residency for three years and meeting all other requirements to file as a spouse of a U.S. citizen; or, Citizenship through your parents.   The most important thing to do while going through the naturalization process and interview is to answer all questions truthfully. Lying during this process can result in denial of citizenship or citizenship being revoked. The best policy is to be well prepared ahead of time for the Citizenship Test and potential interview topics. Be very familiar with your Citizenship application form, since questions asked during the interview are generally very similar. It is also important that you bring all necessary documents to the interview. […]
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Present and Future Implications of Trump v. Hawaii Ruling

On June 26, 2018, the Supreme Court issued a ruling in favor of President Trump in Trump v. Hawaii, 5-4. This was one of the most highly publicized cases the Supreme Court looked at this term. In addition to the immediate importance of its ruling, this case will also have lasting implications.  The immediate and perhaps most obvious result of the Trump v. Hawaii holding is that the travel restrictions created by President Trump’s September executive order have been found to be constitutional. This means that travel restrictions from that order can now take effect for nationals from Iran, Libya, Somalia, Syria and Yemen. The restrictions prevent most immigrants, refugees and visa holders from these countries from entering the United States. A waiver program is available on a case-by-case basis. Applicants who cannot afford an attorney to assist with the waiver process will likely face extreme difficulties trying to immigrate to the U.S.  Besides the more immediate impacts of the ruling, there will also be some long-lasting impacts as well. This case sets two major precedents for future Supreme Court cases. First is the precedent that it is a lawful exercise of the president’s authority to suspend entry of aliens […]
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