Ting I Li – Practicing Immigration Law in New York for 20 years 
Visas, Green Card, Waivers and Citizenship


  • Immigration to the United States

Ting I Li is the principal attorney of Li & Wakida LLP, located in the Chinatown of New York City.  Her practice has been concentrated on representing clients in a variety of complex immigration matters.  As an experienced immigration attorney, she has represented numerous clients before immigration courts and federal immigration agencies across the United States. She received a MLS Degree from SUNY Buffalo in 1993, and a J.D. degree, magna cum laude, in 1997 from SUNY Buffalo Law School. Ms. Li is admitted to practice in New York and New Jersey. She is also a licensed Canadian immigration consultant and a fellow of the Canadian Migration Institute. She is a current member of the American Immigration Lawyers Association(AILA)




  • Immigration to Canada

Ting I Li is a Regulated Canadian Immigration Consultant (Canada) with the Immigration Consultants of Canada Regulatory Council (ICCRC ID: R414303). 

As the CIC website states, the only representatives who may charge a fee to represent or advise you on immigration and refugee matters with the Government of Canada are:

  • Lawyers who are members in good standing of a Canadian provincial or territorial law society
  • Immigration Consultants who are members in good standing of the ICCRC, and
  • notaries who are members in good standing of the Chambre des notaires du Québec

US licensed immigration attorneys may not act as authorized representatives in Canadian immigration cases.  However, as a licensed Canadian Immigration Consultant, Ting Li is fully authorized to represent you on immigration matters with the Government of Canada. 


On 4/7/2017, USCIS Reaches FY 2018 H-1B Cap

Last year, o
n 5/2/2016, USCIS completed data entry of H-1B Cap-Subject Petitions in order to notify the lottery results to those who are selected in the random selection process. (Last Year)

Last year, on 7/8/2016, USCIS announced that it has returned all cap-subject petitions that were not selected in the computer-generated random selection process.(Last Year)

USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions (3/6/2017) 

There will be no premium procesisng servce for any Cap-Subject H-1B petitions this year.

After 4/3/2017, the premium processing service is NOT available for the following cases:
  • H-1B Cap cases;
  • H-1B cap-exempt cases;
  • H-1B extensions;
  • H-1B amendments;
  • all other H-1B petition.
https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions

H-1B: USCIS Expected to Accept H-1B Petitions 4/3/2017 thru 4/7/2017 

- First Day to file the Cap subject H-1B petition: April 3, 2017

- Last day of filing: April 7, 2017

- First day you can start working: October 1, 2017

U.S. Citizenship and Immigration Services (USCIS) is expected to start accepting H-1B petitions subject to the fiscal year (FY) 2018 cap on April 1, 2017. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

Last year, the fiscal year cap (numerical limitation on H-1B petitions) was 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who had earned a U.S. master’s degree or higher were exempt from the H-1B cap.  If USCIS receives more petitions than it can accept, USCIS will use a lottery system to randomly select the number of petitions required to reach the numerical limit. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.  For the latest information, please visit www.uscis.gov

Please call our office to make your appointment for Free H-1B Consultation@212-625-8998. 


USCIS to Allow Additional Applicants for Provisional Waiver Process (7/29/2016)

Rule to Extend Process to All Individuals Who Are Statutorily Eligible for the Waiver 

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process.  The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency.

This final rule builds on a process established in 2013 to support family unity.  Under that process, certain immediate relatives of U.S. citizens can apply for provisional waivers of the unlawful presence ground of inadmissibility, based on the extreme hardship their U.S. citizen spouses or parents would suffer if the waiver were not granted.  The rule announced today, which goes into effect on Aug. 29, 2016, expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility. USCIS expects to update its Policy Manual to provide guidance on how USCIS makes “extreme hardship” determinations in the coming weeks.

Until now, only immediate relatives of U.S. citizens were eligible to seek such provisional waivers before departing the United States for the processing of their immigrant visas.  Those eligible for the provisional waiver process under the 2013 rule are only a subset of those eligible for the waiver under the statute.  This regulation expands eligibility for the process to all individuals who are statutorily eligible for the waiver.

To qualify for a provisional waiver, applicants must establish that their U.S. citizen or lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States. 

The final rule also makes changes to Form I-601A, Application for Provisional Unlawful Presence Waiver.  These changes will go into effect along with the final rule.  The updated form will be posted on USCIS’ website at uscis.gov/i-601a on August 29, 2016.

Applicants should not submit a request for a provisional waiver under the expanded guidelines until the final rule takes effect on Aug. 29, 2016.  If you do so before that date, USCIS may deny the application.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and the USCIS blog The Beacon. 

Summary: President Obama’s Immigration Action (Published by AILA on 11/20/2014)

DEFERRED ACTION

Two deferred action initiatives will be rolled out that are estimated to benefit 4.4 million undocumented individuals:

(1) Deferred Action for Parents (DAP):

Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since January 1, 2010, and who pass background checks and pay back taxes; and

(2) DACA Expansion:

The age cap on DACA will be removed and the date when continuous presence must have started will be changed from June 15, 2007 to January 1, 2010. Both of these initiatives will provide deferred action for three years. The expanded DACA should be up and running in 90 days and deferred action for parents in 180 days. Note: no initiative specifically for parents of DACA recipients was included.

I-601A WAIVER EXPANSION

The I-601A provisional waiver will be expanded to include spouses and children of lawful permanent residents. An expansion and clarification of the definition of "extreme hardship" is also expected.

TIMING OF FILING FOR ADJUSTMENT OF STATUS

The ability of individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to file for adjustment of status will be advanced to permit them to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people. This will be done by regulation.

BUSINESS IMMIGRATION CHANGES

A number of business immigration improvements are to be announced. For example:

- Certain investors will be eligible for parole into the U.S., or for parole-in-place, and

- National interest waivers could be available for entrepreneurs, researchers, inventors, and founders.

- Also, the term "same or similar" for AC-21 purposes will be clarified,

-  L-1B guidance will be released,

- the H-4 EAD regulation will be finalized, and

- the length of time permitted on OPT for STEM graduates will be expanded.

- Additionally, the rulemaking process will be undertaken to modernize the PERM labor certification program and may include a harmless error provision.

Please call our office to make your appointment for a consultation@212-625-8998.  


Starting on March 4, 2013, Certain Immediate Relatives of U.S. Citizens May Apply for Provisional Unlawful Presence Waivers in the United States (Updated 1/29/2013).

On January 2nd, 2013, USCIS announced that certain immediate relatives of U.S. citizens present in the United States, who are in the process of seeking immigrant visas with the Department of State to become lawful U.S. permanent residents, may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews. USCIS will begin accepting provisional unlawful presence waivers on March 4th, 2013.

For more information, visit: http://travel.state.gov/visa/immigrants/nvc/nvc_5837.html


EB-5 Regional Centers: Invest US$500,000 (approx. RMB 3.2 milion), and obtain green cards for you and your family

USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

Through this program, you can obtain green cards for you and your family by investing $500,000 to an EB-5 regional center. In order to do so, you must be able to prove the money come from lawful source of funds. Below is a brief summary of the typical application process.

(1) Decide which Regional Center to invest in.
(2) You are required to deposits US$500,000 in an escrow account.
(3) We assist you in filing your I-526 Petition to the USCIS.
(4) If you are already in the US, we assist you in filing the adjustment application. If you reside out of the US, you will have a US Consulate interview in your country.
(5) Upon approval, you and your family (spouse & unmarried minor children) will receive a 2 year conditional Green Card.
(6) With conditional green cards, you and your family can live freely (work, study, travel, etc) in the United States for two (2) years.
(7) During the 90 days period before two (2) years have passed, we assist you in filing an I-829 petition.  Upon approval, you and your family will receive an unconditional permanent Green Card.

For the latest information, visit the USCIS website
For questions and consultation, please schedule an appointment with us. (212-625-8998/info@tlilaw.com)

Becoming a U.S. Citizen:  Natulalization Test

Under current regulations, all citizenship applicants must take a naturalization test, regardless of when they filed their Application for Naturalization.  The Test includes an English (reading, speaking and writing) section, as well as a civics (history and government) section.  For details and links to study materials, visit www.uscis.gov



2015 Applications for Federal Skilled Worker Program (for Permanent Residence in Canada)

You can use the following online tool on the official CIC website to find out if you are eligible to apply as a skilled immigrant.


As of January 2015, Citizenship and Immigration Canada (CIC) has a new electronic system called Express Entry to manage applications for permanent residence under certain economic immigration programs, including the Federal Skilled Worker Program (FSWP). 

You are required to take an English/French test such as IELTS before completing the Express Entry profile.

After receiving the exam scores, you can complete an Express Entry profile at any time. 

There is no deadline to complete a profile and there are no caps on the number of candidates that will be accepted to the pool.

Anyone who is accepted into the Express Entry pool could get an Invitation to Apply for permanent residence. Rounds of invitations to invite candidates to apply will take place regularly over the course of each year. The CIC will only pick the top ranking candidates no matter when you were accepted into the pool.  If you are invited to apply, you will have 60 days to submit a complete Application for Permanent Residence online.

The CIC selects the top ranking candidates based on a point system.  If you need an assistance for assessing your points, please contact us at 212-625-8998.

The requirements to apply for the Federal Skilled Worker Program are follows:
(Please also see the following link. http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp)

(1. One Year of Work Experience) First, you must have at least one year of full-time work experience within the last ten tears in an occupation at skill type 0, or skill levels A or B of the 2011 edition of the Canadian National Occupational Classification (NOC).

The followings are examples of skill type 0, or skill levels A or B jobs:

Skill Type 0 (zero) – Management Jobs.
Examples: restaurant managers, mine managers, shore captains (fishing)

Skill Level A — Professional Jobs. 
People usually need a degree from a university for these jobs.
Examples: doctors, dentists, architects

Skill Level B — Technical Jobs and Skilled Trades. 
People usually need a college diploma or to train as an apprentice to do these jobs.

Please see the following link for more information:

(2. Minimum 67 Points under the Point System) Second, under the point system, you need a minimum of 67 points out of a possible 100 points on your assessment. If you need an assistance for the assessment, please make an appointment with our office at 212-625-8998, or go to the following link for more information:

(3. Proof of Funds) Third, you must be able to prove that you have enough money to support yourself and your dependents after you arrive in Canada. For example, if you are single immigrating alone, your required amount of fund is $11,931.  

(4. Language Ability)

You must meet the minimum language level of Canadian Language Benchmark (CLB) 7, and
take a language test approved by Citizenship and Immigration Canada (CIC) that shows you meet the level for speaking, listening, reading and writing.
You must show that you meet the requirements in English or French by including the test results when you complete your Express Entry profile. Your test results must NOT be more than two years old on the day you apply for permanent residence.

(5. Prepare your Education Credential Assessment) Fifth, you must have either a Canadian secondary or post secondary diploma, certificate, or credential, OR
a foreign educational credential, and an Educational Credential Assessment (ECA) by an agency approved by CIC to show it is equal to a completed Canadian secondary or post-secondary educational credential.

For the latest information, please visit http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp

As an example, a Civil Engineer with a Master’s Degree and three years of work experience, who scores high on an approved English or French test, and has enough funds to support herself and her dependents, may apply to be a Canadian permanent resident in this category. The application may include your spouse (husband/wife) and your unmarried children under 22 years old. 

For more information, please schedule an appointment for a consultation with us (212-625-8998/tina@tlilaw.com).

Li & Wakida LLP

90 Bowery, Suite 302
New York, NY 10013
(One block west of B,D train "Grand St" station)

Phone: 212-625-8998 (By Appointment Only)
 

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