¡Hablemos de Inmigración! – 12.3.2024

Juan Camilo:
Hello, hello everyone. How’s it going? Thank you for joining us for another Instagram Live on Actualidad Radio. In just a few minutes, we will be connecting with immigration attorney Martha Arias. So, we invite you in advance to join this conversation, and if you have any questions about immigration, please leave them below in the comments section, as we will be answering your questions live with attorney Martha Arias.

This Instagram Live from Actualidad Radio is to discuss immigration topics. If you’re watching this, it’s probably a replay. If not, welcome, and we are now live with attorney Martha Arias. Attorney, thank you for joining us again on Actualidad Radio.

Martha Arias:
Thank you, Juan Camilo. A special greeting to you and to all the audience here on Actualidad Radio’s Instagram and on mine as well. My account, let me remind you, is Martha_Arias98.

Juan Camilo:
Attorney, how was your Thanksgiving?

Martha Arias:
It went well, thank you. This year, we decided not to cook turkey because we always miscalculate. We always end up making a turkey that’s too big, and we’re left with turkey for two weeks. So, we decided to do something different and made a traditional Colombian ajiaco for Thanksgiving.

Juan Camilo:
Wow, a truly Bogota-style ajiaco, right?

Martha Arias:
Yes, a classic Colombian-Bogotan ajiaco. It was delicious.

Juan Camilo:
For those of you just joining, thank you for tuning in again. We’re on Instagram Live with Martha Arias. For those unfamiliar with her, she is a highly recognized immigration attorney who serves clients in South Florida and throughout the country.

We invite you to take advantage of this opportunity to leave your questions in the comments section, as we’ll be answering them live during this session on immigration. Later, in other Instagram Lives, we’ll talk about other topics, but today’s focus is immigration.

If you have questions about what might change, whether there will be any modifications once the new president takes office on January 20, or about the individuals being selected for key positions, or even what’s going to happen with deportations—whether they will happen or not—feel free to ask. Any question, or if you have a case that’s delayed, take advantage of the fact that we have Martha Arias with us.

Also, let me remind you that you can call her office. We’ll add the phone number here so you can contact her. The number is 305-671-0018, and her website is AriasVilla.com, where you can also find plenty of information on immigration.

About the I-485 Application and Medical Exam

Juan Camilo:
Attorney, for those submitting an I-485 application, what is this application, and what does the medical exam involve?

Martha Arias:
Sure, Juan Camilo. The I-485 application is for individuals applying for residency, meaning it’s the application for a Green Card or permanent residency for those already in the United States.

The I-485 application, as of April 2024, costs $1,440. It increased this year, as the cost was $1,225 until April. Now it’s $1,440. Additionally, if someone is applying for a work permit, they also have to pay an extra $260. Previously, the work permit was included in the $1,225 fee, so applicants didn’t have to pay extra for it. Now they do.

The news you mentioned, Juan Camilo, is that yesterday, USCIS—the United States Citizenship and Immigration Services—announced that the medical certificate or exam required for residency must be submitted together with the I-485 application. This means applicants will now need to send it along.

Why Submit the Medical Exam with the Application

Many people don’t submit a complete residency package and wait to send the medical exam later or bring it to their interview. But keep in mind that many residency applications are being approved without interviews.

What happens in these cases? Immigration ends up requesting the medical exam, the applicant has to submit it, and this delays the process even further.

From now on, applicants must include the medical exam with their I-485 application. USCIS has said that if the exam isn’t included, the application will be rejected. Note that “rejected” (or “reject”) doesn’t mean denied. It simply means the package will be returned to the applicant to correct the omission and resend it with the medical exam.

Changes to Medical Exam Expiration

One more thing, Juan Camilo, regarding the medical exam. Previously, the medical exam had an expiration date. Initially, it was valid for one year, then extended to two years. Recently, this year, USCIS announced that the medical exam no longer has an expiration date.

This means applicants don’t need to worry about including it with their I-485 application, even if the application takes one or two years to process. The exam won’t expire.

In the past, people avoided attaching it to the application because they feared it would expire while waiting for an interview, which sometimes took over a year. That concern is no longer valid.

Vaccinations for the Medical Exam

Another important point about the medical exam: vaccinations. The doctors authorized by immigration know which vaccines are required.

Most attorneys don’t concern themselves with knowing these specifics because it’s the doctor’s role. However, if applicants already have their vaccination records, they should bring them to the medical exam. This will allow the doctor to verify the vaccines they’ve already received and avoid unnecessary vaccinations and charges.

For instance, I recently learned that a single vaccine can cost between $30 and $120. Imagine needing four vaccines at $120 each—how much would that cost for the medical exam?

COVID Vaccine and Exemptions

Another vaccine still required for immigration is the COVID-19 vaccine. Many people remain skeptical of this vaccine and don’t want to receive it.

In such cases, applicants must either provide medical proof of a contraindication to the vaccine or religious documentation to justify an exemption. These exemptions must be well-documented.

Juan Camilo:
This is great information, attorney. I think it’s a good idea to address these points because for people who are filling out this form or are in this situation, they might sometimes overlook broader advice that can affect anyone undergoing immigration processes, no matter what kind.

For example, as we approach the end of 2024, and people start filing their taxes in 2025, many might not consider the connection between their immigration process and their tax situation.

Does the issue of taxes impact someone who is pursuing an immigration case?

Martha Arias:
Yes, absolutely, Juan Camilo, it has a huge impact. This is an important topic to discuss, especially as we close one year and begin another. Let me explain why.

For example, if someone is already a U.S. resident and is applying for citizenship, they must demonstrate good moral character to qualify for citizenship approval.

One of the many factors that determine good moral character is that the person must be up-to-date with their taxes filed with the IRS—the Internal Revenue Service, which is the tax agency here in the U.S.

If someone owes money to the IRS, it doesn’t mean they can’t become a citizen. They still can, but they must demonstrate two key things:

1. That they have a payment agreement with the government. For example, if they owe $5,000, $10,000, or $100,000, they need to show proof of this agreement.
2. That they are current with those payments. For instance, if their monthly payment plan requires them to pay $100 or $200, they must demonstrate that they’ve made all these payments up to date.

How can someone prove they are paying? There are several ways:

• They can create an account on the IRS website, where they can access their transcripts and download a document called Account Transcripts. This document shows how much they owe and includes a record of all payments made.
• If payments are made via automatic bank transfers, they can request bank statements or access them online to download proof of their monthly payments.

They can then provide this documentation to immigration as part of their case.

Martha Arias:
That’s why taxes are critical, as they are part of demonstrating good moral character.

Another frequent issue is when someone applies for citizenship and files taxes separately from their spouse. Immigration might investigate the spouse’s tax filings. If the spouse has filed as Head of Household, this could raise concerns.

Head of Household status is for someone who is unmarried and solely responsible for maintaining a household. If a married individual files this way, it could create problems. Immigration might then require proof that the applicant is paying for child support or that they live with their children.

For example, if someone says they live with their spouse and children, but the spouse’s tax return shows them as Head of Household, it can look suspicious. Immigration might question whether they are filing taxes properly or trying to manipulate the system.

Sponsorship and Tax Requirements

Additionally, if a U.S. citizen marries someone and petitions for them as a spouse, they must show they have sufficient financial means as a sponsor. This ability is proven through their tax returns.

Immigration uses a chart to determine how much income a sponsor needs based on their household size, including dependents. If they don’t meet these requirements, they will need a joint sponsor to fulfill the financial obligations.

Martha Arias:
Lastly, here’s a tip about taxes: Be more analytical when seeking tax preparation services. Many issues I see happen when people work with non-CPAs, who sometimes make mistakes or file incorrectly.

For example, I had a client who was a U.S. resident and had committed some crimes. He was in deportation proceedings before an immigration judge, and I was preparing his waiver. Everything was going well until the government attorney asked about his taxes.

We provided his tax returns, but he had reported only $14,000–$15,000 in annual income. The judge asked him, “How much is your rent?” He answered, “$2,500 per month.”

Let’s do the math: $2,500 multiplied by 12 months is $30,000 per year. Then the judge asked if he was living alone or had roommates. The client said he lived alone. Next, the judge asked, “How much do you pay in child support?” The answer was $300 per month.

Now, adding up rent, child support, and other expenses like food, car insurance, and utilities, his expenses far exceeded $30,000 annually. The judge questioned how he could survive on just $14,000 per year.

This is why I always say: Don’t build a house of straw near a fire. If you have an immigration case or residency, be extremely careful about how you present your taxes, as they could lead to issues later.

Juan Camilo:
Excellent advice, not just for immigration purposes but in general.

Let’s take some time to address questions from our audience. If we don’t get to all of them today, don’t worry—we’ll have more opportunities in future Instagram Lives with attorney Martha Arias.

Remember, you can always call her office at 305-671-0018 to schedule a consultation. These Lives aim to share news and general advice, but they are not a substitute for professional legal counsel.

One question we received is from Ángel Arcini:
“Good afternoon. Is it true that DACA recipients, if they’ve completed a master’s degree, can apply for a special work visa?”

Martha Arias:
This is a great question. No, there is no special work visa for DACA recipients.

However, individuals with a master’s degree in the U.S. can apply for an H-1B visa, which is for professionals with a four-year degree or higher. Currently, there are an additional 25,000 visas annually set aside for those with U.S. master’s degrees.

This provides a priority or advantage over those without a master’s degree when applying for an H-1B visa.

Now, regardless of whether someone is a DACA recipient or not, if they have a U.S. master’s degree, they enjoy this privilege.

Another thing happening with DACA recipients is that if they have a job offer in the United States—let’s say they came as minors, stayed here, applied for DACA before turning 18, received it, worked, and studied—and now have a company willing to sponsor them, the company can file a petition.

The person will then need to leave for the U.S. consulate abroad to receive the visa. Before doing so, they must file a waiver to return to the U.S. legally. This process is often referred to as a D3 waiver, named after the relevant section of immigration law (212(d)(3) waiver).

Here’s an example: I had a client who had been working for a company for 3–4 years. The company wanted to sponsor him for an H-1B visa. He asked me, “Can I do this?” I told him, “Yes, of course. We’ll file the petition, but before you go to the consulate, we’ll file the D3 waiver.” Once approved, he went to the consulate, received his H-1B visa, and returned to the U.S.

It’s important to do it this way because if someone has DACA, they cannot directly change their status from DACA to H1B within the U.S. If they were previously undocumented or out of status before receiving DACA, they must leave the country, but only after securing the waiver to return.

Juan Camilo:
That makes perfect sense. The recommendation, of course, is to avoid relying on articles you read online or news someone forwarded you on WhatsApp. Always consult an expert immigration attorney to get professional advice and do things the right way.

Remember, in immigration matters, there’s very little room for error. We can’t afford to make mistakes when filling out a form, starting a process, or updating paperwork, as these errors can cause significant delays or cost thousands of dollars. That’s why we always stress these recommendations.

Legal Issues and Immigration

Juan Camilo:
Speaking of recommendations, attorney, what advice do you have for individuals who want to pursue an immigration process but have had legal trouble?

What happens in cases where someone was convicted of a major crime, a minor crime (misdemeanor), or even if someone was accused of something but the case was later dismissed and never went to court? Do these distinctions matter, or does everything count?

Martha Arias:
Everything matters. Every arrest, even traffic tickets or driving citations, must be disclosed. There are differences, though, depending on whether someone was arrested and later exonerated of charges.

If a judge’s ruling declares someone not guilty or dismisses the charges with a ruling of no action or dismissal, this helps the individual because it means they were not convicted for immigration purposes.

Still, the person must obtain the final disposition of the case from the court. This document, showing the judge’s ruling—whether it was not guilty, dismissal, or no action—will be necessary for immigration.

Even if there was no conviction, arrests must be reported to immigration and could still have consequences. Certain types of cases, especially those involving moral turpitude, can impact immigration status.

For example, if someone was only arrested but not convicted of a crime considered to involve moral turpitude, this could still create immigration issues. That’s why it’s critical to inform your attorney of any arrests, even if the charges were dropped.

Let me give you an example. I had a young client, about 19 or 20 years old, who came to my office very nervous because his citizenship application had been denied. The reason? Three years before applying, he had been arrested for possession of less than 30 grams of marijuana.

The case didn’t proceed, and the charges were dropped under what’s called nolle prosequi (a decision not to prosecute). However, this happened within the five-year good moral character period required for citizenship applications.

In these situations, immigration officers conduct a lawful act review to determine whether the arrest involved illegal behavior. Even without a conviction, the officer evaluates whether the incident indicates unlawful conduct.

Juan Camilo:
So even if charges were dismissed or the person was found innocent, this still matters?

Martha Arias:
Correct. In this particular case, during the interview, the immigration officer asked the young man about the arrest. The officer asked him to describe what happened, and he started writing down everything the client said.

The client later told me, “What I wrote wasn’t true. The officer told me to write that, but that’s not what happened.” I asked him, “Why did you write it, then?” He said, “I was scared. It was an immigration officer in front of me, and I didn’t know what to do.”

This is an example of why having an attorney is so important. We were able to reopen his case, challenge the document he had signed, and eventually get his citizenship approved.

Juan Camilo:
Thank you for sharing that example, attorney. Before we wrap up, let’s address one last comment from Iván:

“Good afternoon, Juan Camilo and Attorney Arias. My wife and I are residents, and we filed a petition for our daughter, who also lives here and is 18 years old. Her application was approved, and I submitted the I-485 for her. How long does it take for this I-485 to be approved? She already received her new work permit (category C9) and her travel permit. Thank you.”

Martha Arias:
In South Florida, the I-485 process generally takes about 6 to 12 months for approval. However, there’s something important to note here. Since the petitioner and his wife are U.S. residents, this means their daughter’s case is subject to annual visa quotas based on availability.

Immigration issues a visa bulletin every year, which determines the availability of visas. If there are no visas available, the I-485 process will take longer. Let me quickly check the December bulletin.

As of now, the category for children under 21 of U.S. residents is processing cases filed on or before January 1, 2022.

If the petition was filed after January 1, 2022, there will be a wait of around two and a half years before a visa becomes available.

Now, if the application was filed before January 1, 2022, it’s likely very close to being approved. For example, if it was filed in October or November 2021, the case is probably at the final stages because a visa would already be available.

This is the key difference between an I-485 filed by a U.S. citizen for their child and one filed by a U.S. resident for their minor child. Cases filed by residents often require waiting for visa availability, which can add more than two and a half years to the process.

For example, from January 2022 to January 2024 is two years. Since we’re in December, we’re looking at almost two years and 11 months of waiting.

Juan Camilo:
Patience, patience for many of these processes. If anyone still has questions, don’t worry. We’ll have more opportunities to do Instagram Lives with attorney Martha Arias.

Please share this video, as it will likely appear on your timeline and might interest many people. Also, follow attorney Martha Arias on her Instagram account, @Martha_Arias98, and visit her website AriasVilla.com. Her office phone number is 305-671-0018.

Juan Camilo:
Attorney, as always, thank you. We’ll see you in the next session.

Martha Arias:
Thank you, Juan Camilo. A greeting to you and all our audience. We’ll see each other next Tuesday, God willing. Please share these videos to help others stay informed, and subscribe to my Instagram page, @Martha_Arias98.

Juan Camilo:
Thank you, attorney. See you next time!