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How Does the Immigration Writ of Mandamus Work

How Does the Immigration Writ of Mandamus Work

The Writ of Mandamus is a powerful judicial tool for relieving the delayed adjudication of a pending application. When an unreasonable delay occurs, or government agencies do not perform their duties in a reasonable timeframe, the only truly effective remedy is to file a writ of mandamus with the federal district court to compel them to act on time. The preparation of your case starts once you retain our practicing attorney to file a mandamus lawsuit. We submit the writ of mandamus electronically to the District Court using a website called PACER (Public Access to Court Electronic Records). There is usually no hearing in mandamus lawsuits. Cases are generally resolved before the Court decides on your case. After submitting the complaint, the relevant government agencies (named “defendants” in the lawsuit) are notified and start working on your case. Once the lawsuit is submitted in court, the defendants have 60 days to respond to the complaint. In many of the cases, we get movement within those 60 days. Things start happening: interviews get scheduled, or the visa gets issued. Sometimes, you get called in for a second or your first interview after the lawsuit is filed. In some instances, the Assistant U.S. Attorney (AUSA) contacts us if there is any specific update on the case, and we respond accordingly. The update could be to schedule your visa interview after a certain period of time, or it could be to diligently work towards completing adjudication of your case following the visa interview. Sometimes, AUSA asks for an extension of 30 or 60 days; we decide to consent to it if that means that they will finally decide the case. However, we consent to it only after communicating with the client. Even if the AUSA provides the extension, it still significantly cuts the waiting time for your application. In rare cases, the defendants file a “Motion To Dismiss” before their deadline(s) to respond exceeds. Filing a motion to dismiss your case doesn’t necessarily mean that the case will be dismissed; it simply means that the defendants formally requested the court to dismiss your case. After the defendants filed the motion to dismiss, we get two weeks (14 days) to submit a “Response” to the Motion, and after that, the defendants get one week to “Reply” to the Plaintiff’s response to the opposition to the motion to dismiss the case. Once we have filed the response to the opposition and the defendants have responded to that, the case is now in the hands of the court to decide. But in a mandamus lawsuit, the court almost never provides a decision, as the case gets resolved before that. On average, a writ of mandamus can yield results within 30-60 days, with a maximum processing time of 3-5 months. In our experience, most of our clients received their remedy within the mentioned processing time. We submit a voluntary dismissal in your case upon receiving a decision, whether your visa has been issued, you have been scheduled

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When Can One File a Writ of Mandamus in Immigration Cases When Can One File a Writ of Mandamus in Immigration Cases

When Can One File a Writ of Mandamus in Immigration Cases

A Writ of Mandamus is a lawsuit filed in the U.S. Federal District Court. Almost all immigration cases are eligible to use the writ of mandamus to request an order compelling an officer of the United States to perform their duty, as required by 28 U.S. Code § 1361, such as the adjudication of a long-pending visa application or petition, or to expedite their processing if such cases are experiencing an unreasonable delay. When it is both your “right” and the “duty” of government agencies to have a final determination on your case, you can file a Writ of Mandamus lawsuit.  The government agencies have a non-discretional legal duty to complete the processing of applications within a reasonable time. According to 8 U.S.C. §1571(b), Congress has indicated that “processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.” There may be many reasons for unreasonable delays in your immigration cases, but when a government agency delays in issuing a decision or adjudicating an application, a Mandamus lawsuit can be filed in the U.S. Federal District Court to compel action where there has been an unreasonable delay that causes harm to you or any other applicant. It is important to note that the court does not have the power to approve or reject a case based only on its merits when a mandamus action is filed; instead, it only compels the government agency with jurisdiction over your application to act. No law or strict rule dictates how long someone has to wait before filing a lawsuit. However, it is appropriate to consider taking such action if your application has been pending for longer than 12 to 24 months or is time-sensitive. When filing a petition for a writ of mandamus, you (a petitioner or applicant) must show or establish the following- 1. You Have a Clear Right to ReliefThe relief you’re requesting is not an order granting the benefit but rather an order requiring the agency to decide on your visa application. The Administrative Procedures Act (APA) clearly states that if a visa decision has been delayed for an unreasonable amount of time, the applicant can file a lawsuit called the “Writ of Mandamus” in federal courts of the United States. In the lawsuit, you can ask a federal judge to order the Executive Branch (including USCIS and the Department of State) to decide or adjudicate the case in a few months. 2. There is a Clear Duty on the Agency to Perform the Act If a person has a right to apply for a benefit, then the agency has a clear duty to act on the application. The duty to act is often reflected in regulations, which generally require that the agency “shall” issue a decision. It is also relevant that Congress intended for USCIS to establish fees in an amount that covers the cost of adjudicating applications. Suppose USCIS charges and accepts a filing fee in an amount

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Can a Minor child use an F1 visa to attend public school?

Can a Minor child use an F1 visa to attend public school?

In the USA students are required to get compulsory education from kindergarten through 12th grade (K-12). An international minor student with an F1 or M1 visa can get compulsory education in the USA. However, they need to know some crucial information regarding the US public and private schooling system before applying. Because, US Education has a different system K-12 grade for private and public schools. Understand the difference Between Public and Private Schools: Public schools use local, state and federal tax revenue funds. As an F1 or M1 student, one can only enrol from 9th-12th grade in public school with a maximum time of 12 months and can’t apply for k-8th grade. This time limit includes all the public schools the student attends. Regardless a student attends one or several other public schools, the cumulative maximum time limit to attend a public school will be 12 months maximum. However, the student can transfer to an SEVP-certified private school to continue toward a diploma. Students must pay the full, unsubsidized per capita cost of attending to the school district before applying for the visa. He must be able to present proof of this payment at the visa interview and at the port of entry when applying for admission into the United States. Private schools use tuition dollars generated from admitted students. International students may apply for F1 or M1 status to attend a private SEVP-certified school for grades K-12. Unlike public schools, regulations place no limit on the length of time an F-1 student may attend a private, SEVP-certified school. Apply to an SEVP-Certified School F1 or M1 students can apply to schools certified by the Student and Exchange Visitor Program (SEVP). Certain types of schools are certified by SEVP: Private school (from K-12th grade) Public school (9th-12th grade) Kindergarten to eighth grades can’t be certified by SEVP for that reason F1 or M1 students are not allowed in elementary to secondary school which is till 8th grade. Special notes for minor children of F-1 and M-1 students A minor F-2 or M-2 dependent of an F-1 or M-1 student does not need any permission or documentation from SEVP to study in the public school and can attend public K-12 school at the appropriate grade level. State education laws may require that F-2 and M-2 students attend the appropriate grade level until a certain age. For a minor F-2 or M-2 dependent to transfer from a public school to a private school, the F-1 or M-1 student and/or F-2 spouse, if applicable, should talk to the school’s DSO. After students are admitted into SEVP-certified schools they will receive a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” from their designated school official (DSO). DSOs work at SEVP-certified schools and are there to help them understand and follow the rules for studying in the United States.

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The EB2-NIW Journey for Entrepreneurs: Building a National Interest Case

Have you ever considered that your entrepreneurial vision could be the pathway to a U.S. green card? The EB2-NIW (Employment-Based Second Preference with National Interest Waiver) offers a unique opportunity for entrepreneurs whose work can make a significant impact on the United States. Unlike other visa categories, the EB2-NIW doesn’t require a specific job offer or labor certification, allowing entrepreneurs the freedom to pursue transformative projects on their terms. However, to qualify, you must demonstrate that your work offers value to the U.S. on a national scale. This guide is your roadmap, covering the essential factors to consider when crafting a strong EB2-NIW application. You’ll find insights into what USCIS values in these applications, along with practical advice on presenting your achievements and goals in ways that resonate with national interest. How Does Demonstrating National Importance Show That Your Work Benefits the U.S.? The foundation of the EB2-NIW is proving that your venture or project has “substantial merit and national importance.” For entrepreneurs, this means showing that your work does more than generate profit or showcase innovation; it must also contribute to areas that align with the U.S. government’s societal and economic priorities. This could involve initiatives in healthcare, renewable energy, technology, education, or any field that enhances Americans’ quality of life or strengthens the U.S. economy. To build a strong case, begin by clearly defining the core issue your business addresses and why it matters. Go beyond typical business goals by explaining the broader impact of your work. For instance, if you’re focused on renewable energy, highlight how your work contributes to reducing carbon emissions and helps the U.S. achieve environmental goals. Or, if you’re in healthcare, explain how your product or service addresses a public health need, such as providing affordable medical solutions to underserved communities. An important component of this narrative is a detailed business model that outlines how your venture can operate sustainably and make a lasting impact. Describe how your business will generate revenue, reach its target customers, and grow. This level of detail reassures USCIS that your project isn’t just a promising idea but a viable enterprise capable of making tangible contributions to U.S. interests. Concrete examples and data strengthen your case more than broad statements. Mention specific figures, such as the number of people who could benefit from your work or statistics that reflect the problem’s scope. For example, if your business addresses plastic waste reduction, quantify the potential waste reduction over time and provide insights into your solution’s efficiency compared to existing methods. Further, aligning your project’s goals with U.S. priorities can powerfully reinforce its national significance. Review U.S. policy documents or recent federal initiatives in your field and illustrate how your work aligns with these goals. For instance, if you’re in cybersecurity, connecting your work to the National Cyber Strategy highlights its alignment with U.S. interests and can help USCIS see your venture as part of a larger mission. How Can You Showcase Your Unique Qualifications as an Entrepreneur? The EB2-NIW

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Role of an Attorney in Writ of Mandamus

Role of an Attorney in Writ of Mandamus

A remedy known as “mandamus” enables someone whose rights are unjustly violated to demand that a ministerial act be carried out. It can also be used to compel government employees or organizations to perform ministerial duties for which they are expressly mandated by law. Nonetheless, the procedure for submitting a Writ of Mandamus can be intricate and subtle, and the importance of an attorney in this process cannot be emphasized. Understanding the Legal Frameworks: To successfully file a Writ, an attorney must understand administrative law, civil litigation, and jurisdictional requirements. They can guarantee that all procedural requirements are strictly followed and the petition is filed in the proper court. Initial Case Assessment and Evaluation: Once a client has brought his/her case to the attorney, the attorney does an initial case assessment and evaluation. An attorney’s role is critical in determining whether the facts of the case meet the legal criteria for a Writ. This involves an attorney thoroughly analyzing the specific facts of the case, the applicable laws, and the grounds for the alleged deprivation of rights or failure to perform a ministerial duty. Thereafter, the attorney identifies the exact government agency or official whose action or inaction is challenged. It is then followed by consideration of the satisfaction of the legal requirements for the Writ of Mandamus, including the presence of a clear legal duty, the inadequacy of another adequate remedy, and irreparable harm. Next, research precedents and laws that would support the client’s claim. Furthermore, they advise the client on the possible merits and chances of success of the Writ of Mandamus petition. The clients are also enlightened on the various challenges that might be headed their way. Drafting the Petition: The next step is drafting the petition. Lawyers are very important in preparing a proper and persuasive Writ of Mandamus petition. They must clearly state the facts, laws, and legal theories supporting the client’s claim. The lawyers’ role is to state clearly the government’s legal duty and the client’s right to request relief, stating clearly why mandamus is the proper remedy. A legal argument is compelling if it can make out a claim that the government has the duty to act and the client is entitled to the desired relief. Anticipatory treatment of counter-arguments or probable defenses which the opposite party may take.   Filing and Serving Petitions: The attorney represents the client from the inception of the lawsuit. The lawyers handle every case process, starting with the filing and serving of petitions and ensuring that the petition is filed with the correct court with jurisdiction over the matter. After filing the petition, the Defendants serve the summons. Representation in Court Proceedings: An attorney’s most crucial role is representing a client in court proceedings.  An attorney presents compelling oral arguments to persuade the judge of the merit and presents evidence and testimonies to support the client’s petition. They also address any objections or defenses raised by the Defendants. Additionally, the attorney’s role extends until the performance of

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Cost-Benefit Analysis: Is Filing a Writ of Mandamus Worth It?

Cost-Benefit Analysis: Is Filing a Writ of Mandamus Worth It?

Immigration delays can be frustrating and stressful, leaving many individuals and families in prolonged uncertainty. One legal remedy available to address such delays is the Writ of Mandamus, a court order compelling a government agency to fulfill its legal duty. While this can be a powerful tool, weighing the costs and benefits before proceeding is important. This blog explores whether filing a writ of mandamus is worth it in immigration cases. A Writ of Mandamus is a powerful judicial tool compelling a government official or entity to fulfill their legal duties. It is often used in immigration to address delays in visa applications and green cards. To qualify, you must exhaust all administrative remedies and prove the agency’s delay is unreasonable and harmful. To know more about the Writ of Mandamus and the eligibility criteria for filing the lawsuit, please visit- Writ of Mandamus, Explained. Costs Involved: Filing a lawsuit in federal court comes with its own set of fees. As of July 2024, the court filing fee for civil cases is $405.00 USD. These fees cover the filing and administrative expenses associated with processing the case. You can file the Writ of Mandamus by yourself or with the assistance of an attorney. Considering the complex legal issues involved in Writ of Mandamus, it requires in-depth legal knowledge, attention to detail, and the ability to present compelling arguments to the court. So, taking expert advice from an immigration attorney is always a wise option. Hiring an attorney can also be costly. Fees vary depending on the complexity of the case and the attorney’s experience, but they typically range from $3,000 to $10,000 or more. The overall cost for filing a Writ of Mandamus in district courts includes drafting the petition, filing it in federal court, and other steps related to the case. For information about our legal fees and services for a Writ of Mandamus, please visit our Frequently Asked Questions-Raju Law Website. Benefits: For many, the greatest benefit is the resolution of prolonged uncertainty. Whether the decision is positive or negative, having an answer allows you to plan your future accordingly. The primary benefit of a writ of mandamus is that it can expedite a decision on your immigration case. Government agencies are often compelled to take action more quickly when faced with a court order. Filing a writ of mandamus strongly conveys that you are serious about your case and willing to pursue legal action. This pressure can sometimes prompt the agency to act on your application even before the court issues a ruling.For several reasons, a writ of mandamus can be particularly beneficial in immigration-related matters. It can break the cycle of administrative inertia that often plagues immigration cases, where applicants find their applications stuck in a bureaucratic backlog with no clear timeline for resolution. It can provide a clear timeline for resolution, as immigration processes are notoriously slow, and applicants often have no idea when they might receive a decision. Filing a writ of mandamus compels

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Overcoming Delays in Asylum Cases: The Strategic Use of Writ of Mandamus

Waiting for an outcome, especially on critical matters like an asylum application, can be extremely frustrating. Most asylum applications are filed due to the applicant facing life-threatening circumstances or severe risks to their livelihood in their home country and dany unreasonable delay in such cases would only be adding to the woes. Fortunately, a Writ of Mandamus can be an effective legal remedy in cases like this. While anyone can file a Writ of Mandamus, our experience has shown that the best results are achieved when applicants complete four crucial steps beforehand: 1. Ensure Consistency in Documentation When submitting an asylum application, it is essential that all documents align and support a cohesive narrative. For example, if Rahim previously traveled to the USA on a visitor visa and stated he was a teacher, but later claimed asylum as a political activist from Bangladesh facing persecution, the inconsistency could weaken his case. All documents must reinforce the story presented in the asylum application. 2. Inquire About Delays with USCIS Once you have applied for asylum, if your asylum application is facing an unreasonable delay, your first step should be to contact the United States Citizenship and Immigration Services (USCIS). You can reach out via phone or email to inquire about the status of your case. 3. Seek Assistance from a Congressman or Senator If contacting USCIS does not resolve the delay, the next step is to reach out to a congressman or senator. Be sure to approach a federal representative, as state-level representatives do not have jurisdiction to inquire over immigration matters. Once contacted, their office can inquire into your case with USCIS on your behalf. 4. Contact the Office of the Ombudsman Subsequently, you also have the option to request assistance from the Ombudsman’s office in your state. To find the relevant office, simply search for “Office of Ombudsman + [Your State]” online. The Ombudsman can inquire with USCIS on your behalf as well. It is important to note that all these services are free of charge and can be done from the comfort of your home. In many cases, following these steps can lead to a resolution.However, given the large volume of cases at USCIS, there remains a possibility that no remedy will be provided despite following these steps. In that situation, a Writ of Mandamus becomes the final option. Filing a Writ of Mandamus ensures that you will receive a decision on your asylum application, particularly if the case has been unreasonably delayed. When filed strategically, with the support of experts, it can end the delay. In our practice at Raju Law, we typically recommend filing a Writ of Mandamus if the delay exceeds two years, as we have observed higher success rates with this timeline. However, if your case is urgent and well-prepared, you may consider filing sooner. Keep in mind that US courts view the Writ of Mandamus as a “drastic remedy” and expect it to be used as a last resort. That is why it

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Understanding-Affirmative-vs.-Defensive-Asylum-How-to-Choose-the-Right-Legal-Path

Understanding Affirmative and Defensive Asylum: Choosing the Appropriate Legal Path

INTRODUCTION Asylum is a form of protection granted to individuals in the United States who have fled their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The U.S. asylum system provides two primary avenues for seeking asylum: affirmative asylum and defensive asylum. A comprehensive understanding of these processes is essential for determining the appropriate legal path. AFFIRMATIVE ASYLUM Eligibility Criteria: There are certain requirements for seeking Asylum in the United States. Those are as follows: The applicant must demonstrate a genuine fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The applicant must be physically present in the United States, regardless of whether they entered legally or without inspection. The applicant must not have been permanently resettled in another country before arriving in the United States. The applicant must not be disqualified from asylum due to any statutory bars listed in 8 U.S.C. § 1158(b)(2). The applicant must file a complete and accurate application within one year of their arrival in the United States. Procedural Steps: The affirmative asylum process involves a proactive application through the U.S. Citizenship and Immigration Services (USCIS). The key procedural steps are as follows: Filing the Application:  Applicants must file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS. This form must be submitted within one year of the applicant’s last arrival in the United States, subject to certain exceptions. Such as, There has been a significant change in circumstances affecting the noncitizen’s eligibility for asylum. There are exceptional circumstances that explain the delay in filing for affirmative asylum. Considering these circumstances, the application was submitted within a reasonable timeframe. Biometric Services Appointment:  Following the submission of the application, applicants will be scheduled for a biometric services appointment to collect fingerprints, photographs, and signatures. Asylum Interview:  Applicants will attend an interview with a USCIS asylum officer. During this interview, applicants must present their case, articulate the reasons for seeking asylum, and provide supporting evidence. Accuracy and thoroughness in responses are imperative. Adjudication:  The asylum officer will render a decision on the application. If approved, the applicant will be granted asylum status, permitting them to reside and work in the United States and eventually apply for permanent residency. If denied and the applicant lacks lawful status, the case will be referred to an immigration court for removal proceedings, where the applicant may then apply for defensive asylum.   DEFENSIVE ASYLUM Eligibility Criteria:  Defensive asylum process is utilized as a defense against deportation from the United States. The process may occur one of two ways: It can begin if an individual is referred to an immigration judge after being found ineligible for affirmative asylum. This process can start if individuals are placed in removal proceedings, either because they were caught at a U.S. entry point without the necessary documents or apprehended by U.S. Customs and Border Protection and placed

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The Critical Role of Letters of Recommendation: A Key to Strengthening Your Application

The Critical Role of Letters of Recommendation: A Key to Strengthening Your Application

We often focus heavily on the documentation required for application processes, especially the personal Statement of Purpose (SOP). While the SOP is crucial, there is another key document that deserves equal attention: the Letter of Reference (LOR). The LOR is an essential component that provides insight into your qualifications and character from a third-party perspective, and it can significantly strengthen your application.  To truly understand the importance of a Letter of Recommendation (LOR), it’s essential to view it from the perspective of the admissions committee. Their primary focus is to seek validation for the candidate they’re considering, and the LOR serves as a critical tool in this process. It is one of the most vital parts of the documentation process for the candidate as well as the admission committee. Most universities in the USA consider LOR one of the most important requirements of the admission process. Only a few universities do not have LOR as a requirement. However, the universities that include the LOR in the requirements, may not accept the application without it.  Letters of Recommendation (LOR) generally fall into two categories: academic and professional. Academic LORs are typically required for STEM and research-based programs, where the admissions committee values insights into the candidate’s academic abilities, research potential, and intellectual rigor. On the other hand, for Business Administration and similar professional programs, the committee usually expects professional LORs, which focus on the candidate’s work experience, leadership skills, and professional accomplishments. Some universities have mixed requirements, where the type of LOR may vary by program or university policy, balancing both academic and professional perspectives. A Letter of Recommendation (LOR) serves as a formal testimonial for the applicant, offering a third-party perspective on their qualifications. It acts as a reference point for organizations or admission committees to verify and cross-check the claims made in the applicant’s Statement of Purpose (SOP). Beyond just validating the information, the LOR provides insights into the candidate’s potential, highlighting their strengths, achievements, and suitability for the program or role. It’s an essential tool used to gauge the applicant’s abilities from a more objective, external viewpoint. The Letter of Recommendation (LOR) plays a pivotal role in establishing the viability and credibility of a candidate. It provides an external assessment that can significantly influence whether the candidate is deemed eligible for a program. By offering an objective evaluation, the LOR highlights the candidate’s core strengths, potential, and areas for growth—details that may not be as evident in self-authored documents like the SOP. This external validation is invaluable to both the admissions committee and the applicant, making the LOR a critical component in the decision-making process on both sides.

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Demystifying Petition Exhibits: Why Are They Needed, And How Are They Used?

Demystifying Petition Exhibits: Why Are They Needed, And How Are They Used?

Preparing your application for the EB-2 National Interest Waiver is a daunting task. Between finalizing a good Proposed Endeavor and constantly having to provide all those pesky certificates, awards, memberships, and numerous other papers, you might think, “Why do I even need all these documents? Can’t I just skip out on this part?”.  The truth is, you can’t skip out on documentation if you want a strong, ironclad petition. So let’s discuss why we need these documents in the first place and how they play a role in your application. First things first, the crux of your petition is the Proposed Endeavor Statement and whether you possess an exceptional ability in the sciences, arts, or business to carry it out. A Proposed Endeavor Statement is straightforward- it is a single document about your future plans in the United States and why they’re important. Demonstrating exceptional ability, however, is more abstract.  Navigating this dilemma requires a perfect balance of both the quantity and quality of your petition exhibits. Exhibits are photos, documents, and other important papers that are shown in a trial to prove your case. For the EB-2 National Interest Waiver, they’re especially important because it allows us to quantify how vital of an asset you are to the United States. So let’s explore the eligibility criteria for the EB-2 that demonstrates exceptional ability one by one: Official Academic Records: An advanced degree, such as a Master’s degree or higher, is the easiest way to meet the eligibility criteria set by USCIS for the EB-2 to indicate exceptional ability as an academic and researcher in your field. Hence the associated transcripts, diplomas, and equivalency certificates, such as evaluations from the World Education Services (WES) and other USCIS-approved bodies, are of utmost importance. Letters of Recommendation: Recommendation letters are powerful exhibits for your case because they vouch for your abilities directly from experts. They not only provide insight into your professionalism and motivations to USCIS but also show that you possess a strong foundation to carry out your Proposed Endeavor using the experience you’ve gained in the past. To uphold the validity of recommendation letters, it is also important that they are all signed and contain an official letterhead, which assures immigration officers that the letters have actually been provided by the recommenders themselves. Moreover, a recommender’s CV or resume is crucial to demonstrate to USCIS that they are truly a professional who is well-poised to review your work and provide a legitimate recommendation. We understand that gathering letterheads and CVs can be difficult and time-consuming, but they are extremely important to ensure no gaps can be found in your petition and lead to an RFE or denial. A license to practice your profession or certifications: Professional licenses and certifications, such as the Project Management Professional (PMP), are great ways to demonstrate exceptional ability as they directly state your proficiency in the field of your Proposed Endeavor. This is because they are only obtained through a rigorous process, such as courses

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Unlock-Government-Records-A-Step-by-Step-Guide-to-FOIA-Requests

Breaking down the FOIA Process: A Beginner’s Guide

In today’s world, information is hailed as both a sword and a shield in protecting and facilitating the interests of individuals from all walks of life.  FOIA is a legal tool that grants you the authority to peek behind the bureaucratic curtain and uncover fascinatingly detailed information about your case. In the United States, government transparency is a cornerstone principle. Citizens are granted access to government records under the FOIA, ensuring public access to crucial information.  The FOIA, located in section 552 of Title 5 of the United States Code, was enacted in 1966. It grants any person the right to request access to federal agency records. While agencies are generally required to disclose records upon receiving a written request, exemptions protect certain records from disclosure. This right of access is enforceable in court and supported at the administrative agency level by the President’s FOIA Memorandum (January 21, 2009) and the Attorney General’s FOIA Memorandum (March 19, 2009).  While navigating the FOIA process can be daunting, grasping its steps and relevant legal precedents can streamline the procedure. In this guide, we’ll walk you through the FOIA process, offering insights from a legal perspective and spotlighting essential case laws. Understanding the FOIA Process Step 1: Determine the Information You Need Before initiating the FOIA request, it’s crucial to identify the specific information or records you seek. Be as precise as possible in your request to increase the likelihood of a successful outcome. Under FOIA, federal agencies must disclose any information requested unless it falls under one of 9 exemptions, such as classified information concerning national security, trade secrets or privileged commercial information, privileged communications, etc. Step 2: Locate the Correct Agency Different government agencies hold different types of records. Identify the agency most likely to have the information you’re seeking. Each agency has its own FOIA process, so review their specific guidelines and procedures. There are over 100 participating agencies, each responsible for managing its FOIA requests. You can check out the list of agencies broken down by topic on USA.gov. Step 3: Prepare Your FOIA Request Crafting a well-written FOIA request is essential. Clearly state your request, including relevant details such as names, dates, and descriptions of the records you seek. Remember to include your contact information for communication purposes. Step 4: Submit Your FOIA Request Follow the agency’s specified method for submitting FOIA requests. Usually, this entails completing an online form, sending an email, or mailing a physical letter. Be mindful of any deadlines or fees associated with the request. Unless you request records from the Office of Inspector General, request through the FOIAXpress  PAL or FOIA.gov. By requesting your documents online, you can bypass mailing, paper processing, and returned mail, adding significant additional time to your request. Step 5: Agency Review and Response Once the agency receives your FOIA request, it will review it and determine whether it can be fulfilled. It may redact certain sensitive information or deny the request based on exemptions outlined in the FOIA

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NIW EB-2 Petition

Essential Documents for a Successful NIW EB-2 Petition

Dreaming of making the big leap to the United States for that career glow-up? Well, you’re in luck! The National Interest Waiver (NIW) under the EB-2 visa category might just be the magic carpet ride you’ve been looking for. But hold your horses! Before you waltz through our doors, there’s a tiny bit of prep work on your plate. Ready to get the lowdown on how to kickstart this adventure? Let’s dive in! The Vision of Future: Your Proposed Endeavor First thing on your to-do list is your proposed endeavor. This isn’t just any old statement; it’s your chance to dazzle with a crystal-clear and riveting pitch on the work you’re itching to dive into in the United States, shining a spotlight on why it’s a big deal for the nation. Think of your proposed endeavor as the star of your petition show. Now, onto the nitty-gritty—the documents you need to back up your grand plan. The Toolkit for Success: Piecing Together Your Academic and Professional Masterpieces Alright, let’s roll up our sleeves and dive into the treasure chest of your qualifications, shall we? Here’s what you need to round up: CV (Black and White): Whip out that curriculum vitae of yours, but make sure it’s more than just a list of places you have worked at. We’re talking about a dazzling display of all your academic and professional high points. Think of it as your career highlight reel in document form. Diplomas and Transcripts: Got your bachelor’s and master’s degrees? Perfect! We need those diplomas and transcripts that tell the tale of your academic journey. And hey, only the official stuff, please. We’re aiming for authenticity here! Theses: Whether it’s your MS, BS, or PhD thesis, they showcase what your brain can cook up in terms of research and contributions to your field. Bonus points if they tie back to the masterpiece you’re proposing to work on! PhD Certificates and Transcripts: If you’ve climbed the academic ladder all the way to a PhD, show it off! These documents are like the cherry on top of your academic sundae, highlighting your pinnacle of scholarly achievement. WES Evaluation: Got degrees from around the globe? A nod from World Education Services can make sure your international credentials get the recognition they deserve in the U.S. It’s like having a translator for your academic accolades. Letters of Recommendation: These are not just letters; they’re gold-star reviews from the VIPs in your field—esteemed colleagues or mentors who can vouch for your brilliance and the national treasure your work represents. Recommender CVs: The CVs of your recommenders are like the verified badges on social media, lending weight and credibility to their words. While snagging these might feel like herding cats, they’re worth their weight in gold. LinkedIn or other official profiles are the Plan B, but nothing beats the solid gold of an actual CV. Evidence, Evidence, Evidence: Mentioned special skills, project reports, or that standing ovation presentation in your CV? It’s show-and-tell time. We

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