Attorney Ana Nuñez Named 2021 “Super Lawyers Rising Star”

Fay & Grafton is proud to announce Attorney Ana Nuñez inaugural inclusion into the SuperLawyers ‘Rising Stars’ list for 2021.

Ana Nunez was recently selected to the 2021 North Carolina Rising Stars list, an honor reserved for those lawyers who exhibit excellence in practice.

Only 2.5% of attorneys in North Carolina receive this distinction. Selection to the Rising Stars list provides third-party validation of their practice, grows their attorney referral network and influences consumer hiring decisions.

The selection process alone sets apart attorneys who have been peer nominated. According to SuperLawyers.com:

“Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public.”

Fay & Grafton congratulates Attorney Nuñez for her persistence and hard work she does every day on behalf of her clients.

For more information into the inclusion criteria for this award, please visit Ana Nuñez’s profile on SuperLawyers.com

Sweeping Changes Made to the H1-B Visa Program

Thousands of immigrants and companies rely on the H1-B Visa program to “hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability.”

2020 brought a year of sweeping changes for the program due to the novel Coronavirus, according to the Trump administration. Those who routinely rely on the program to hire immigrant workers or get hired themselves, familiarizing yourself with the program will help you navigate it properly.

According to The New York Times, these changes affect nearly 525,000 workers from entering the United States.

What Is The H1-B Visa Program?

Before diving into all of the changes, the program has undergone this year, understanding what the program is will help workers and companies understand who is affected. The H1-B Visa program is “a specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent,” according to the Department of Labor. 

The program intends to allow companies to find workers with specialized business skills that they wouldn’t be able to otherwise.

What Has Changed With The H1-B Visa Program?

In April, President Donald Trump signed an executive order suspending the program, claiming this will “increase protections of American workers” and stop people who are “committing visa program fraud and abuse.” 

The suspension caused postponements of immigration hearings, suspending refugee admissions, and more. In June, the President stopped any new applications for the program, which will be in place until the end of 2020.

What Industries And Jobs Are Affected By The H1-B Visa Changes?

As a result of the blocked visas, many companies have expressed outrage, citing they won’t be able to hire the skilled workers needed. 

Some affected jobs include computer programmers and others in the technology sector, seasonal workers in the hospitality industry, students partaking in work-study summer programs, and aupairs. Spouses of H1-B Visa holders will also be affected and not allowed in the country. 

Who Is Not Affected By the H1-B Visa Changes?

Anyone who is currently outside the United States and already has a valid visa will not be affected. Any seasonal farmworkers will be allowed to enter the country, as well. 

What Should I Do If I Need A H1-B Visa?

If you or someone you were planning to hire were planning to rely on an H1-B Visa, contact the immigration legal team at Fay Grafton Nunez to help you navigate this ever-changing situation.

Our team has vast experience working on Immigration Law issues. Our team has litigated and represented people facing removal proceedings, bond hearings, family-based petitions, naturalizations, DACA, U-visas, T-visas, and more. 

Immigration laws, especially those around the H1-B Visa program, are continually evolving and are nuanced as any law area. Some of the changes to these programs come from executive orders that may not be legal. In many cases, people can apply for an exception, as well.

Our team will stand by your side, fighting for your right to work in the United States and to keep our country the great melting pot that it is meant to be.

U.S. Supreme Court Rules To Allow DACA

Protecting Yourself from COVID-19 in ICE Detention Centers

Immigration and Customs Enforcement (ICE) detention centers have established standards for maintaining the safety, security and health of both staff and detainees. Unfortunately, with the rapid spread of COVID-19 across the world, these established standards cannot be maintained because of the forced proximity of people inside the facilities. It is imperative that you learn what your rights are and get the legal assistance you need as soon as possible to minimize your exposure to this potentially deadly disease.

The Centers for Disease Control (CDC) has issued information about COVID-19 and specifically, how it can spread. On their site (https://cdc.gov) they state:

The virus is thought to spread mainly from person-to-person.

• Between people who are in close contact with one another (within about 6 feet).
• Through respiratory droplets produced when an infected person coughs or sneezes. These droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs.

ICE detention centers have been reported to be “dangerously crowded” by reputable news outlets. This makes it impossible to maintain the safety of detainees. We can’t reiterate enough that you must get legal assistance as soon as possible, especially if you or a loved one is in the high risk group for complications from COVID-19. Already, non-violent offenders within the justice system are being removed from dangerous overcrowding. But this doesn’t guarantee a good outcome in the long run. Without excellent representation, you will not have the best chance at a good outcome for you or your family member.

Change of Status: By Marriage to U.S. Citizen

For a non-resident, the hurdles to permanent status in the U.S. can seem overwhelming. Many factors determine how a non-resident must proceed through the bureaucratic minefield. Because so many variables need to be considered, many potential U.S. residents seek the counsel of an experienced immigration attorney. Having that experience behind you to guide your efforts can be a source of greater peace of mind. Some may think that marrying a U.S. citizen or green card holder allows one to breeze through the process without all the headaches of other paths. However, although marrying a permanent resident is one of the fastest paths to permanent residence, it isn’t without complexity. In this article we will illustrate some of the things you need to think about and act on along your journey to permanent residence. This text will only cover a marriage between a foreign non-resident and a U.S. Citizen. We will cover marriage to a green card holder in a different article.

Timing the Process is Crucial

The most basic rule that an immigration officer will follow is the 90 day rule. They will by default assume that if you apply for a green card before you have been in the U.S. for 90 days since your last entry, you are willfully misrepresenting your reason for entering the United States. There are several factors that can make this more challenging to calculate including the type of visa the applicant entered the country with. We recommend consulting a qualified immigration attorney to review your specific case.

Building a Strong Body of Evidence

U.S. immigration rules are made to ensure the integrity of the process of becoming a permanent resident. The process attempts to verify the eligibility of a potential permanent resident. Obviously, fraudulent immigration or immigration by persons deemed inadmissible because of criminal records or activity are paramount. And so, it is advisable that the candidate for status adjustment (going from non-resident to permanent resident) not draw negative attention to themselves by following the proper steps. Here are some tips to consider when applying for permanent residency by marriage.

Proving a Marriage is Bona Fide

In order to minimize the possibility of immigration fraud, immigration officials look for certain signals that the marriage between the non-resident and the citizen is bona fide. Simply having a marriage certificate is not enough to build confidence in your application. It is also suggested that you have strong supporting evidence that the marriage is legitimate like old love letters, shared bank accounts and other financial co-mingling. Birth certificates of children born in the U.S. are powerful indicators of a legitimate marriage. Of course, it is expected that a married couple live together.

Preparing the Forms for Adjustment of Status

All of this information gathering and planning is in anticipation of filling out two of the most important forms in the process. The spouse that is a U.S. citizen will fill out the I-130 and the non-resident spouse will fill out the I-485. There are other forms as well and we again strongly advise that you get assistance with these as they are quite long and it is easy to miss a detail and have the whole thing sent back to you.

The Home Stretch

Assuming that your application is approved you will be schedule for the final phase, the interview with an immigration official. In a future article, we will walk you through what to expect and have advice to help you gain your permanent residence.

COVID-19 and Immigration Court Schedules

Applicants for change of status and other immigration proceedings routinely face road blocks during the process. You can have forms returned because of missed details. You can be forced to start the process over again because of poor timing and visa restrictions. But nothing can compare to the effect that the COVID-19 pandemic has had on every aspect of our government’s functioning. For many, mandatory confinement and social distancing have made great swaths of our government grind to a halt. Immigration is no exception.

But while our immigration courts are currently not in session, this may have little effect on how efficiently applicants can move some of the crucial work forward with their attorneys. Much of the preliminary work is done outside the courts. Indeed, some of the most complex problem solving is done outside of the courts. Things like research, documentation, records retrieval and more. Filling out paperwork and other processes typically take nine months or more to complete and these processes are independent of COVID-19.

Now is the time to take advantage of extra time you may have and work with your attorneys to move your application process forward. People are realizing that much of the work we do can be done without face-to-face contact. Don’t let this gifted time go by without getting everything possible done.