Category: ESTA News

Sponsors of permanent residency petitions often pass away. For those who are waiting for permanent residency, it is a disappointment. This is because there is a principle that the permanent residence petition itself disappears when the permanent residence sponsor dies. Even in this case, there is a way.

– Married to a citizen One month after marriage, the spouse of a citizen suddenly died. The petition for permanent residency has not yet been filed. how about that

If the marriage with a citizen is true, even if the citizen’s spouse dies, you can apply for permanent residence. Unlike the common citizen spouse green card case, unmarried children under the age of 21 can also receive permanent residency. Also, no financial guarantor is required. The I-360 must be filed within two years of the citizen’s death. But you must not remarry. There are exceptions here too. If the permanent resident applicant who remarried later was living in the United States at the time of the death of the citizen’s spouse and intends to continue living in the United States, then they can apply for permanent residence.

– I am a married child of a citizen, but my father, the petitioner for permanent residency, has passed away. What happens to the permanent residency of this citizen’s married child?

Married children of such citizens can also receive permanent residency if the following conditions are met: Per INA 204(l), if a petition for permanent residence (I-130) has been approved or pending, and the person applying for permanent residence is currently living in the United States at the time of the petitioner’s death and intends to continue living in the United States Even if the sponsor dies, you can still apply for permanent residency. Of course, there must be no other disqualification for immigration procedures.

– In what cases does the principle that permanent residency procedures can continue even if the petitioner for permanent residency dies?

The provisions of INA 204(l) apply very broadly. First, the beneficiary of an approved or pending Family Petition (I-130) case and his/her accompanying family members. Second, the beneficiary of a pending, or approved Family Invitation (I-130) case is the deceased and only an accompanying family member. Third, in the case of pending or approved employment immigration (I-140) cases where the beneficiary dies and only the accompanying family remains. Fourth, if the asylum or refugee case (I-760) beneficiary herself dies after filing an immigration petition for her accompanying family. Fifth, accompanying family members left behind after the death of the petitioner of the Domestic Violence Victim (VAWA) case.

-What steps must be taken to qualify for INA 204(l) benefits

There is no special form required for the INA 204(l) application. Send a letter requesting application of INA 204(l) and supporting materials to USCIS. The USCIS office that processes the INA 204(l) request will vary depending on how far the petition has progressed.

-What is the humanitarian reinstatement of the petition for permanent residency at the humanitarian level?

This is a system that existed before the introduction of INA 204(1), which provides extensive relief to immigrant beneficiaries. This is a system that allows for permanent residency procedures even if the sponsor dies from a humanitarian point of view.

– Which approach is most likely to be successful

It is most effective to use the case of the deceased citizen’s spouse. The INA 204(l) request is also likely to be granted. USCIS may deny an INA 204(l) request if it is not in the public interest. However, there is an internal USCIS guideline not to veto whenever possible. On the other hand, it is true that the reconfirmation system for the approval of permanent residency petitions for humanitarian purposes has no legal basis and that the decision is largely at the discretion of the USCIS.

President Joe Biden said he was working to distribute a vaccine amid concerns about the possibility of the spread of monkeypox, a rare infectious disease, which is spreading unusually around the world.

President Biden, after a three-day, two-night visit to South Korea at the US military base in Osan on the 22nd (Korean time), before boarding Air Force One, a private plane bound for Japan, answered a reporter’s question about monkeypox, yet he was still exposed to the level of exposure from health staff. “But that’s something everyone should be concerned about,” he said.

“We’re trying to figure out what we need to do, and if there’s a vaccine available for it, we’re trying to figure it out,” he added.

“I’m concerned that it will be serious if it spreads,” he added.

It is the first time that President Biden has publicly commented on the outbreak of monkey pox, and the United States is also concerned about it and is closely watching it.

White House National Security Adviser Jake Sullivan, who is conducting President Biden’s South Korea-Japan tour, told reporters on an Air Force One flight to Japan, “There is a vaccine for the treatment of monkeypox. We have a vaccine available to distribute.” mentioned

“I’m making an update to the president based on the reports I got from our health care team (during the tour),” Sullivan said.

The World Health Organization (WHO) said on the 20th that it has so far confirmed 80 cases of infection in at least 12 countries and is tracking 50 suspected cases.

In the United States, one case was confirmed, and it is reported that six people are being followed for infection.

Monkey smallpox, a viral disease, mainly occurred in Central and West Africa, but recently, the world is paying attention as infections have been confirmed in Europe and North America.

The fatality rate is about 1 to 10% depending on the strain, and although it is generally transmitted through respiratory tract, the possibility of sexual contact has been raised.

When infected with monkeypox, initial symptoms like smallpox appear, such as fever, headache, muscle pain, lymphadenitis, and fatigue. There is no specific vaccine, but it is known that the smallpox vaccine provides 85% protection.

The WHO is concerned that the spread of infection may be accelerated as large-scale gatherings and other frequent events are entering the summer season.

The COVID-19 pandemic has led many of us to question our life goals, our values ​​and, by extension, our place of residence. As you have seen over the past two years, many foreign entrepreneurs have chosen to settle in Florida in order to take advantage of the climate, the many tax advantages, as well as more flexible government policies. However, immigration to the United States can be very complex for the uninitiated who does not know the specific criteria for each visa.

Before embarking on this adventure, it is important to distinguish between the E2 work permit and the EB-5 program. Indeed, the first is a temporary visa that does not lead to immigrant status while the EB-5 allows you to obtain an immigrant visa and therefore access to the famous “Green Card”. The E2 work permit is generally much shorter to obtain, around 3-4 months versus 21 months for the EB-5. However, the latter requires that the person be a citizen of a country that has a trade treaty with the United States, which is not the case for the EB-5.

Both visas require certain monetary investments. For the E2 visa, it is mentioned that a “substantial” investment must be made in an American company. Many agree that the amount of this investment is of the order of at least $100,000 USD. The EB-5 visa, on the other hand, requires the entrepreneur to invest a minimum of $1.05 million in a U.S. business, unless that investment is in a rural setting or a location with low unemployment. particularly high.

If so, the investment amount is $800,000 USD. Regardless of the amount, it is required for this visa that the entrepreneur can generate at least 10 jobs. Finally, it should be noted that for the E2 visa, the entrepreneur must demonstrate that he owns at least 50% of the company or occupies a senior executive position with a significant contribution to the operations of the company.

In addition to the many advantages for the entrepreneur, these programs also allow the spouse and his children (under 21) to benefit from these same advantages. In addition, it is not required that the entrepreneur and his family have knowledge of the language or a specific diploma.

After the Korean government’s exemption from quarantine for overseas entrants, as Korean Americans visit Korea more actively, there are frequent cases of delays in check-in at the airport due to the failure to approve the application for an ‘Electronic Travel Authorization’ (K-ETA). The Electronic Travel Authorization (K-ETA) system, which took effect in September last year, was introduced for countries that have signed a visa waiver agreement with Korea and countries that allow entry without a visa. K-ETA applications can be made through the website (www.k-eta.go.kr) when using a general PC, or through the mobile site (m.k-eta.go.kr) when using a smartphone. It is a simple procedure that can be completed in 10 minutes, but if you rush to apply at the airport without realizing it, you are often confused as boarding is delayed due to an unexpected mistake. The following is a Q&A released by the Korean Ministry of Justice.

The Ministry of Justice of Korea implemented the K-ETA in earnest on September 1, last year. Citizens of countries subject to K-ETA who have not been issued a K-ETA are not permitted to board aircraft or vessels bound for Korea.

It takes about 10 minutes. You must have a valid passport and email address, and a credit or debit card to pay the K-ETA application fee. If you apply using a PC instead of using the mobile app, you need a photo file for uploading the applicant’s face photo.

The K-ETA application fee is KRW 10,000 (extra fees, etc.) in Korean Won, and can be paid with international credit cards and debit cards such as Visa and MasterCard. After payment of the fee, even if it is not accepted, it is not refundable.

One representative applicant can apply for up to 30 accompanying persons, such as family members, and payment of the application fee can be carried out together.

Applications must be completed at least 24 hours before scheduled departure to Korea. After applying for K-ETA, you can usually receive the evaluation results by e-mail within 24 hours, however, it may take several days depending on the circumstances of the applicant.

Results will be emailed to the applicant. In addition, you can check the application number on the K-ETA website ‘Application Result Inquiry’. If you want to enter Korea when it is denied, you must visit the consulate general and obtain a Korean visa.

An approved K-ETA is valid for two years or the validity period of the applicant’s passport. This means if the applicant’s passport has less than 2 years validity when applying for the K-ETA, the supplied K-ETA will expire with the passport.

Persons holding a Korean alien registration card or a Korean visa (visa), persons entering as sailors or crew members, holders of a valid ABTC card, U.S. military personnel stationed in Korea, prior to entry Those who applied for exemption, those who did not enter Korea, and those who wish to visit Jeju Island or Yangyang by direct flight. However, if you wish to visit other regions after visiting Jeju Island and Yangyang, you must obtain a K-ETA before entering the country.

Downtown Seattle is crowded with tourists, with cruise tours resuming after two years, but as the number of confirmed coronavirus cases rises again, more employees are taking sick leave, and each business is crying because of a shortage of manpower.

According to the Seattle-King County Health Department, as of May 1, the average daily number of corona infections increased by 9% to 1,006, and the hospitalization rate decreased by 6% to an average of 11 people a day.

Compared to the average daily average of 6,250 in January, the number of infections per day has decreased significantly, but it is almost double the average daily number of infections of 514 just a month ago.

As the number of corona patients increases, the tourism industry is just beginning to revive.

An official from the Seattle tourism industry said, “There are a lot of companies that have difficulties because their employees suddenly request sick leave because they are sick with the corona in the yard where there is a shortage of manpower. It took a long time,” he said.

The hardest hit is the restaurant industry. This is because cruise operations are resumed immediately and the number of tourists has increased, but sufficient manpower is not supported.

Pal Griffin, who runs the crab pot restaurant at Waterfront Pier 57, said, “All businesses will be affected, but restaurants are probably the most affected as they need more people. “I’m worried that the employees will not be able to handle it because they cannot keep up with the increasing number of customers while working two shifts,” he said.

Retail stores are no different.

Kari Higgs, who runs the Seattle T-shirt Company at Pier 55 in Seattle, said, “Recently, the number of calls from employees saying they are taking sick leave due to the coronavirus has increased significantly. did not hide his concerns.

The industry said that if there are many employees who take sick leave, it is difficult to find people to eventually fill the vacancies.

“We are very happy that the tourists are back, but we are frustrated that we can’t find workers to work with,” Kari Higgs said.

The Washington State Hospitality Association said the restaurant industry has been hit hardest by the coronavirus pandemic, with an average restaurant debt of $160,000 over the past two years.

The airlines present in Florida experienced a significant rebound in their activities last winter, enough to make people forget the bad days of COVID-19. They face huge travel demand, according to Henry Harteveldt, industry analyst at Atmosphere Research. Going forward it is expected to increase in this demand.

The difficulty now is that these companies have failed to replenish their workforces. Several employees are no longer there. That’s why some airlines, serving Fort Lauderdale and Miami, have no choice but to scale back their flight schedules for the summer, despite high demand.

JetBlue Airways, one of the carriers with the largest presence at Fort Lauderdale-Hollywood International Airport, claimed it was cutting flights by eight to 10 percent for the spring and summer.

Allegiant said it will also reduce the number of flights for next summer. Spirit Airlines is currently evaluating its flight offer, according to its spokesman Erik Hofmeyer.

American Airlines, which flies to South Florida’s three airports, said it made changes to its summer schedules but did not say whether flight reductions were part of its measures.

Delta Air Lines says it hasn’t curtailed flights yet: “…we haven’t made any schedule adjustments based on staffing…said spokesperson Morgan Durrant. A situation deplored by Delta’s chief pilot, Evan Baach: “We are tired and frustrated because we have worked a record number of overtime hours just to maintain this schedule. “. The company is seeing unprecedented demand for travel over the coming summer.

The objective of reducing supply with certain carriers is to enable them to better manage demand. This improvement should translate into greater response efficiency during the difficulties inherent in air transport. Difficulties encountered can range from bad weather to air traffic control problems to technological failures.

The aim is to ensure that there are sufficient human resources available to cover the various disruptions. These reductions are in the interest of customers and of crew members who must take on excessively heavy workloads, according to the chief pilot at Delta Air Lines.

Those who want to come to Florida next summer will be able to do so but may have to plan earlier.

Low-cost carrier Spirit Airlines has rejected a $3.6 billion takeover offer from JetBlue Airways. This is because it is judged that the possibility of approval from the US aviation authority is not high.

According to the Wall Street Journal (WSJ) and other media on the 2nd, Spirit Airlines rejected the proposal in a letter to JetBlue saying it would be difficult to get approval from the authorities, and said that it would continue to pursue a merger with Frontier Air. said it would

JetBlue previously made a $3.6 billion merger bid to acquire Spirit Airlines and offered up to $200 million in fees if it doesn’t get approval from the authorities This would be difficult, the Spirit Airlines board judged.

“After a thorough review and extensive dialogue with JetBlue, the Board of Directors has concluded that JetBlue’s proposal entails an acquisition risk that is difficult to assume for Spirit shareholders,” said Mac Gardner, Chairman of Spirit.

In March, low-cost carriers Frontier and Spirit Airlines agreed to a merger, after which JetBlue made a larger takeover bid to Spirit.

The U.S. Centers for Disease Control and Prevention (CDC) has again recommended that the use of masks on public transportation is mandatory despite the court’s restraint.

The CDC announced on the 3rd that it has issued guidelines for people 2 years of age and older to wear a face mask that fits well in public transportation and indoor facilities such as airplanes, trains, buses, airports and train stations.

The CDC explained that the recommendation was taken in consideration of the domestic and international spread of the novel coronavirus infection (COVID-19), the impact of the appearance of mutations, and future trends.

Masks have been used as a tool to block the spread of virus-infected droplets from exposure to others.

Attention was paid to as a means to prevent infection caused by aerosol-type microscopic droplets floating in the air in a confined, narrow space.

“Masks protect you and those around you,” the CDC said in its advisory.

The U.S. Transportation Security Administration (TSA) has made it mandatory for passengers and crew members to wear masks in accordance with CDC recommendations.

The CDC has repeatedly recommended wearing a mask, but then extended the deadline in consideration of the public health situation. The latest deadline was today.

However, on the 18th of last month, a federal court in the conservative state of Florida issued a ruling invalidating the extension of the CDC’s mandatory mask wearing.

The main reason for the decision was that it was unclear that public health would be improved by mandatory wearing of masks, as masks themselves do not have the ability to purify viruses.

According to a court ruling, the TSA immediately halted the mandatory wearing of masks on public transport.

However, the CDC emphasized that it is still necessary to wear a mask, and the U.S. Department of Justice appealed the court ruling based on this assessment.

Public health experts believe that the spread of COVID-19 in the United States has passed its peak and vaccines have been distributed, but public health risks exist because of the vulnerable population.

CDC Director Rochelle Wallensky said: “It’s important to be considerate not only of yourself, but also those who are at greater risk of becoming seriously ill (if infected) and those who are not yet vaccinated. “He said.

South Africa joins the growing list of countries with air activity affected by fuel problems. United Airlines has informed its customers and collaborators of the cancellation of the flights scheduled until May 1 to the city of Johannesburg, where Iberia also has a presence (Peru, without fuel for the planes to fly).

In a message addressed to the travel agency channel to which Preferential access has been given, the American airline explains that it has been forced to adopt this measure due to “fuel supply problems”, without giving further details.

It offers travelers two options: delay the day of departure at no cost or request a refund of the ticket. As this newspaper has been publishing, fuel problems are challenging aviation.

The reasons have been diverse: the increase in the prices of certain materials, the reduction in production due to the crisis that the sector was going through and Russia’s invasion of Ukraine, among others. In general, it is usually the poorest countries that have the least capacity to react to solve this type of situation.

The airlines present in Florida experienced a significant rebound in their activities last winter, enough to make people forget the bad days of COVID-19. They face huge travel demand, according to Henry Harteveldt, industry analyst at Atmosphere Research. In the long term, the industry expects a continued increase in this demand.

The difficulty now is that these companies have failed to replenish their workforces. Several employees are no longer there. That’s why some airlines, serving Fort Lauderdale and Miami, have no choice but to scale back their flight schedules for the summer, despite high demand.

JetBlue Airways, one of the carriers with the largest presence at Fort Lauderdale-Hollywood International Airport, said it was cutting flights by eight to 10 percent for the spring and summer. “Despite hiring 3,000 new crew members this year, we remain staff limited […] By reducing our summer flying schedule and continuing to hire new crew members, we hope to have more leeway in the system to mitigate the effects of delays and cancellations […],” the company said in a statement.

Allegiant said it will also reduce the number of flights for next summer. Spirit Airlines is currently evaluating its flight offer, according to its spokesman Erik Hofmeyer.

American Airlines, which flies to South Florida’s three airports, said it made changes to its summer schedules but did not say whether flight reductions were part of its measures.

Delta Air Lines says it hasn’t cut flights yet: “…we haven’t made any schedule adjustments based on staffing…said spokesperson Morgan Durrant. A situation deplored by Delta’s chief pilot, Evan Baach: “We are tired and frustrated because we have worked a record number of overtime hours just to maintain this schedule. “. The company is seeing unprecedented demand for travel over the coming summer.

The objective of reducing supply with certain carriers is to enable them to better manage demand. This improvement should translate into greater response efficiency during difficulties inherent in air transport. Difficulties encountered can range from bad weather to air traffic control problems to technological failures.

The aim is to ensure that there are sufficient human resources available to cover the various disruptions. These reductions are in the interest of customers and of crew members who have to assume excessively heavy workloads, according to the chief of pilots at Delta Air Lines.

Those who want to come to Florida next summer will be able to do so but may have to plan earlier.