If you lawful permanent residency (LPR status) in the U.S., you should know that it’s only good for ten years. After ten years, you have to renew your green card. The process may seem simple, but mistakes or problems in your past (such as a criminal history) could delay your application, so make sure you give our office a call before you file anything. We can help you make sure you file everything correctly!

The first thing we need to do for you is to file Form I-90. We can file it in a paper format or we could file it online. No matter which way we file it, you’ll have to provide us with certain documents, such as a copy of your green card or your marriage certificate showing a name change, which have to be mailed in. It is possible to use a regular postal service, but we generally use a service like FedEx, UPS, or a courier, to ensure the safety of your application and your documents.

Many people prefer to file online because you get the receipt notice right away, which can speed up your application process. Unfortunately, not every person is eligible to file an application online. You are only eligible to file Form I-90 online if:

(a) Your card will expire in the next six months or already expired

(b)Your card was stolen, lost, or destroyed

(c) Your card has been severely damaged

(d) The information on your card is not accurate (for example, if you had a name change)

(e) You are now in commuter status

(f) You used to be in commuter status but now will be living in the U.S.

(g) Your status automatically got converted to that of LPR

(h) You have an older version of the card

However, we cannot file Form I-90 for you online if:

(a) You’re removing the conditions on your card (You don’t even file Form I-90 for this – contact our office for more information)

(b) You are living outside of the U.S., Puerto Rico, the US Virgin Islands, or Guam

(c) You want a fee waiver

(d) You didn’t receive your card

(e) Your card has an error on it because USCIS made a mistake

(f) You’re turning fourteen years old within the next thirty days

When we file online, we get a confirmation number right away. We can give you this number for your records. We can also print off a paper copy for you and give you a printed copy of your filing receipt. You’ll have to show this receipt at the biometrics appointment you’ll get. We will also get another receipt showing action is being taken on your application in the mail.

If we file a paper copy for you, your receipt will come in the mail in about ten days.

Whether we file a paper copy or via the Internet, the process is the same after filing. After a couple of weeks, a notice of action will arrive, telling us when and where your biometrics appointment will be. If you aren’t able to make that appointment, we will have to write a letter for you to USCIS to request another date.

When you go to your biometrics appointment, bring some extra passport photographs in case USCIS wants them. At that appointment, you will also be fingerprinted. USCIS will also extend your permanent resident card so it will be valid for longer.

If 45 days pass and we did not get your biometrics notice in the mail, we will have to make what is called an Infopass appointment for you at the local USCIS office. At that time, we will get a biometrics appointment notice for you so you can go get your temporary green card.

If it is taking a while for your green card to arrive, do not fret. It takes anywhere from 3 months to over a year for a new green card to arrive. As long as your renewal application was filed by our experienced attorneys, you can rest assured that you do not need to worry!

There is never any reason to suffer from abuse. Whether it is sexual abuse, physical abuse, or even psychological abuse, there is no excuse for any person to suffer this. Unfortunately, many immigrants are the unfortunate victims of this kind of abuse, at the hands of people who say they love them. We want you to know that you have rights, too! You should never suffer abuse because you are afraid for your immigration status.

There are many stories of illegal immigrants, especially women, who marry US citizens after meeting them and falling in love. Unfortunately, not every story is like a fairytale. Sometimes, these women end up falling for abusive men. These men often seek out immigrant women to marry because they think they will be able to get away with controlling and hurting them. They threaten that if their new foreign spouse does not do everything they want, they will report their spouse to immigration or will refuse to file the necessary paperwork.

Sadly, these tricks really do work. Immigrants who are trapped in abusive relationships are afraid to go to the police because they fear they will be deported. In many cases, even being hurt at home is still better than returning to a country where they will face something even worse, like homelessness or starvation. It is only when the immigrant victim is hurt so badly that they end up in the hospital that they are finally able to get the help they so desperately need.

If you are in such a situation, or if you know someone in such a situation, do not wait! There is no reason any human being should be treated so badly, especially in a country as advanced as the United States. Here we have laws to protect victims and if you are a victim, you will get protection!

Even if you are an illegal immigrant, the police will help protect you. They will help you take your abuser to court and will help you find a safe place to stay where you will not be hurt anymore. And do not fear for your immigration status – if you are the victim of abuse, our experienced attorneys will help you!

There are two different visa options available to you. The first one is based on the Violence Against Women Act (VAWA). You can file a VAWA petition even if you are a man, as long as you can prove that your US Citizen (USC) or Lawful Permanent Resident (LPR) spouse was abusing you. It is easiest to prove this if you file a police report and have photos, witnesses, or other evidence of the abuse. By filing a VAWA petition, you can get a work permit and even permanent residency!

If you were abused by somebody other than your spouse, you can still file for what is called a U visa. A U visa is for the victims of certain types of crimes, such as domestic violence or sexual abuse. If you cooperate with the police to apprehend and prosecute the criminal, you can be eligible for a U visa. And of course, if you are the victim of human trafficking, you are eligible for a T visa.

Do not wait to call us. If you are the victim of any abuse or crime, call our office and we will explain your options and make sure your visa application is filed correctly. Even if you are an illegal immigrant, you should never suffer from any abuse!

For many immigrants, the most important dream of their lives is to come to the United States of America to work. These immigrants apply for work visas and many of them succeed. However, over the last few years more applications are being denied or questioned by the United States Citizenship and Immigration Services (USCIS). At this stage, paying the fees to file these kinds of forms is not a risk you want to take without the help of a reliable immigration attorney.

Once upon a time (actually, only a few short years ago), most people who applied for work visas successful received them. Only 10% of applicants (or fewer) had their work visa applications denied. However, beginning in 2008, the USCIS started denying work visa petitions. There is no way to know why this started happening, especially when many applicants are so highly qualified.

Take the L-1 visa, for instance. This is a special visa for people who are being transferred from a foreign company office to their office in the United States. They can only work for that company while they are in the US. Unlike H visas (like the extra-popular H-1B), there were not so many applicants in 2007 that there was excessive competition. In the case of H-1B applicants, so many people were applying in 2007-2008 that the cap (a limit or quota on the number of immigrants allowed in under that visa type) was reached extremely early, making it harder to receive. But what about L visas? To receive an L visa, you have to be an intra-company transferee.

Even for L visas, which are relatively restricted, USCIS began to really crack down on applicants, starting in 2007. Visa denials spiked, from around 6% in 2006 to over 25% in 2009. Not only that, but the remaining people whose visas weren’t denied had an even harder time getting their visas. Instead of accepting them, the USCIS began issuing what are known to immigration attorneys as “RFEs,” or Requests For Evidence. These requests for additional documents slow down the process and make it more difficult – sometimes they can slow the process down by many months – and they can sometimes be so complicated and confusing that even an intelligent person would have difficulty understanding them! To make matters worse, the USCIS seems to be targeting employees from certain countries, like India, even though application numbers began to decline even before USCIS tightened up. For example, Indian L-1B applications peaked at around 16,000 in 2006 and 2007, but then declined sharply so that by 2009 there were less than 6,000 applications filed.

Whether or not this trend is just or fair and whether or not it makes any sense, it is an unfortunate reality we must now deal with. As an immigrant seeking a work visa, you must be extra-careful in all of your filings if you want to be successful. The only way to do this is to hire a qualified and experienced US immigration attorney to be sure that every single item on your forms is filled out correctly, and that every necessary document is provided from the start. And if you do receive one of the dreaded RFEs, a good immigration attorney will be able to answer it quickly and accurately so that your application won’t be so delayed. Give our office a call today and we will be able to help you with your work visa application to the United States!

Meeting visa criteria can be quite difficult, but under the E-2 treaty, a business can be approved for as little as a fifty thousand dollar ($50,000) investment, but the owner could stand the chance of losing the right to stay in the country if the business does not continually do well. Once the business is a going concern, the owner and his/her family can live legally in the country.

As mentioned before, the process to obtain an E-2 visa is not an easy one. Firstly, the applicant has to make a considerable investment in the business and according to the U.S. State Department it has to be “sufficient to ensure the successful operation of the enterprise.” You basically need to have the business almost 80% ready to go before applying for the E-2 visa. Even starting a small business such as an ice cram shop will often require hundreds of thousands of dollars’ investment. It will also have to prove it provides some benefit to the local economy, such as by job creation in the area.

The U.S. government doesn’t want to give E-2 visas for what they like to call “marginal investments” — businesses that are too small to contribute meaningfully to the American economy.

Renewing an E-2 visa can be done every 2-5 years and the owner may have to again provide proof that the business is providing considerable economic benefits. This could prove to be a struggle for some small businesses, especially as economic climates change. Losing a lot of employees due to a recession could mean an E-2 visa won’t be renewed.

The E-2 visa is not the only visa of its kind; however, it is one of the least expensive. The amount of investment depends on the type of business and even though there is no set rule according to immigration officials, it is said that $50,000 of investment could be sufficient but subject to more scrutiny and that $100,000 is generally considered enough to start up a business.

The E-2 visa is really for smaller businesses. Comparatively, the criterion to obtain an EB-5 immigrant investor visa is quite rigid and asks for a minimum of $500,000 and maintaining a strict employee count. On the upside, the EB-5 visa does provide a good means to obtaining a green card and permanent residency.

In the fiscal year 2010, the US government issued 25,500 E-2 visas and declared that it is intended for what the state department terms “temporary visitors.” Also, children of E-2 visa holders are not allowed to stay in the country once they become 21 years old unless they meet the requirements for a different type of visa.

Bills have been put forward over the last two years to permit E-2 holders to eventually be able to earn permanent residency, but it seems doubtful that it will be successful in being passed any time soon. This is just the kind of thing that gets swallowed up in the overall immigration debate.

If you would like more information on how exactly to get an E-2 visa through your small business investment, please do not hesitate to contact our law firm!

Under President Bush, raids of businesses focused on deporting undocumented workers, while the majority of their employers faced nothing more than the need to find new employees. However, under President Obama, the focus has been on punishing the employers who hire undocumented workers. As a result, employers need to be more careful now with who they hire, especially when it comes to filling out Form I-9. Here is a guide on how to make sure you’re meeting all your obligations:

First, you need to know what your immigration law obligations are as an employer. In some situations, using E-Verify is required to check with the federal government to ensure all employees have correct documents. However, most employers do not have this obligation. All you have to do is to have your employee fill out Form I-9 and show you proof of their permission to work. This can be a passport, social security card, naturalization certificate, birth certificate, or green card. Even if you are certain you are only hiring US citizen or Lawful Permanent Resident (LPR) employees, you are at risk of problems if you don’t make sure all the requirements are properly met.

Form I-9 is the form employers have their employees fill out to certify that they have permission to work in the United States. New employees or employees rehired after more than 3 years have to fill out a full Form I-9, including completing and signing Section 1. If this section is incomplete, you as the employer could be in big trouble. Be sure to always check this section carefully!

Here are some of the top mistakes or errors that could get you fines even if it was an honest mistake:

• The employee must check one of four boxes, specifying whether they are (1) a US citizen, (2) a US non-citizen national, (3) a lawful permanent resident, or (4) an alien with permission to work until a certain date. Check to make sure one of these boxes is checked!

• If box (3) is checked, make sure that the employee’s alien number is entered. It is not enough just to attach a photocopy of the alien’s green card.

• If box (4) is checked, again the employee’s alien number or admission number will need to be entered. Also make sure that the date the employment authorization expires is included.

• If box (3) is not checked but the alien number is entered next to it, it is sufficient, but it is still better to have the box checked.

• Make sure that only one box is checked. If box (1) is checked and so is box (3), for example, this is not possible because you cannot be both a US citizen and an LPR at the same time. If boxes (3) and (4) are both checked, it is acceptable but not preferable.

• If you are rehiring someone within three years, you can choose to have them update their old I-9 form by having them sign Section 3 again or you can have them fill out a new I-9 form. If you choose to have them fill out the new I-9, you must check Section 1 very carefully to make sure it is accurate and complete.

If you follow these instructions for hiring new employees, you should not have any problems! Good luck in your business!

Many American citizens have been very supportive of and have applauded the Obama administration’s dedication to its goal of finding, arresting, and deporting illegal immigrants. The main instrument of the government in the achievement of its goal has been the Secure Communities program.

Secure Communities is a program that requires local law enforcement to share fingerprints and other identifying information of anyone who is arrested or ticketed with the Department of Homeland Security (DHS). Immigration and Customs Enforcement (ICE) then places an immigration detainer on anyone who does not have proper immigration documents (“illegal immigrants”), requiring local law enforcement to hold those people in jail for a longer period of time, until ICE comes to pick them up and bring them to an immigration detention center.

But the Secure Communities program has been facing a whole lot of criticism from both immigrant rights groups and civil rights activists. These groups have shown that US citizens have been arrested and detained under the program. These cases will continue to pop up as long as Secure Communities is in effect. The worst part is the Secure Communities is still really a “pilot” program so it is not present in most places. If it is successfully made a requirement across the US, there will be more cases like this. What seems to be a slight increase in the US federal government's immigration crackdown is leading to damaging and unforeseen consequences.

In Los Angeles recently, police arrested a man for alleged shoplifting. Once he was in the custody of local law enforcement, federal agents tagged him as a suspected illegal immigrant and as a result, he spent two additional days in jail, which he did not deserve. He was only eventually released after the judge who was handling his case ordered him to be released. This poor man is just one example of the numerous US citizens who have become victims of the controversial Secure Communities program.

Remember that any legal US citizen who is wrongly detained - regardless of for how long – does have the right to take legal action for their wrongful arrest. Federal officers are allowed to arrest suspected illegal immigrants, but you cannot understate the magnitude of the problems that have come up as a result of the controversial Secure Communities program. The American Civil Liberties Union (ACLU) described the case above as “unfortunate” and detailed three other similar stories.

ACLU studies have found that 82 US citizens were held in an Arizona immigration detention center. They were only released once a judge determined that they were US citizens.

If you are a US citizen and you are taken into immigration custody, you should call us immediately. You will not need to stay as long in the detention center if you call us because we can help get you out. We will also be able to eights as a US citizen and what actions you can take as a next step. Of course, if you are an immigrant taken into immigration detention, you must also contact us right away so we can help you with your case and dramatically increase your chances of winning!

E-Verify is a program employers in all states can use to ascertain if their employees have legal permission to work in America. It is a way for employers to check if the personal identification of employees match the information contained in the records of the Social Security Administration (SSA). It is a program that is becoming mandatory in more and more states, such as Georgia. It affects and applies to both employers and employees, both immigrants and US citizens. The web-based version of the program is voluntary in most places, so some employers are using it even if it not required in their state. E-Verify is undergoing constant changes, such as that US Citizenship & Immigration Services (USCIS) is in the process of making it a requirement for anyone who wants to extend OPT for their F-1 visa student employees.

The way the E-Verify program works:

Employers have to register to use the E-Verify system and fill out a special form called an MOU. The MOU is really a contract between the employer and the government that controls the use of this program. To be allowed to use the E-Verify system, the employer has to participate in an online testing and training module.

The government then issues the employer a user ID and a password to be able to access the system. Its main goal is to verify whether the new employee’s documents and Social Security Number (SSN) match government records.

If the SSN given matches with the SSA’s records, the match is identified immediately. USCIS records are also checked to see if they match with the immigration documents provided by the new employee. If there is a problem, it may take a few days to identify it. If the employee’s documents don’t match, the employer receives a tentative “no confirmation” response. The employee is responsible to challenge the “no match” response, but if he/she doesn’t challenge the tentative non-confirmation then the non-confirmation stands.

Pros

An employer who has registered and signed an MOU can electronically get confirmation of an employee’s documents either via phone or online.

Cons

E-Verify use is not completely safe. One survey showed that 40% of E-verify agents admitted to having improperly used E-verify.

To use the shorter and simpler form to verify the I-9 requires the employer has to give the federal government the right to view its employees’ records even without a court order, which is a big invasion of privacy.

The program strains employers. Whenever there is a system error and it isn’t corrected within 10 working days, the employer fires the employee. The employer who does this could face a lawsuit for wrongly firing someone who can legally work. It is a kind of catch 22.

Also, any employer who registers for the E-verify program gives permission to the SSA and/or the Department of Homeland Security (DHS) to occasionally visit to review documents in-person, including the I-9 forms, which overrides statutes that normally require notice to be given to employers before such an audit.

Some employees present valid IDs and social security cards - thus E-verify will show a “match” even though the person is not who they say they are.

E-verify errors cause some legal citizens to lose employment opportunities.

In conclusion, an employer has to weight the pros and cons of the program and then make decisions based on that evaluation. Employees who apply for jobs where E-Verify is in use will be affected by it whether or not they are US citizens. Regardless of whether they decide to use E-Verify, all employers must comply with all legal obligations to review all identification documents presented by their new employees.

In these times of economic crisis, the United States government is looking for money wherever it can get it. Not surprisingly, the idea of immigration – and tourism in particular – has come to the forefront. Statistics have long shown that immigration stimulates the economy, but many immigration programs have a lot of criticism from people who think immigrants will take their jobs. One type of immigration that it seems like everyone can agree on is tourism. So the Obama administration is now planning to expand its international tourism industry.

Right now, there are 36 countries on the list of approved Visa Waiver Program countries. The Visa Waiver Program is a special program that allows tourists from countries on that list to come to the United States for up to 90 days without a visa. Applicants still have to fill out an online application, but it is quick and painless and easy and cheap, so it’s nothing like applying for a normal visa. Tourists from those 36 countries have got it easy.

For security and other reasons, it is not possible to implement this system in all countries. However, there are certain countries with large populations that include many people who want to come to the US as tourists, such as China or Brazil. Right now, if those people want to come to the US, they have to apply for a visa, wait a long time to get an interview, and then travel (sometimes a very long distance) to the nearest US consulate for their interview. Although the government claims that most applications are eventually approved, a great many are not. The time and expense involved make it so that many people are afraid to even try to come to the US as tourists. They would rather go spend their money in a more friendly country.

And foreign tourists have plenty of money to spend. Tourism is a huge industry in the USA, making up nearly 3% of the gross domestic product (GDP). 7.5 million people in the US alone are employed in tourism-related fields or businesses. Yet, the numbers of foreign tourists have fallen from 17% to 11% of all US tourism in the last decade. It stands to reason that the more foreign tourists we can attract the US the more money they will spend and the more jobs they will create.

This is exactly what the Obama administration is hoping for. The government’s goal is to use tourism to create 1 million new jobs. That would certainly help the economic and unemployment crisis! They plan to do this by making sure that tourist visa applicants get their interviews more quickly. The goal is to have 80% of applicants interviewed within 21 days of their application being submitted. This would encourage more people to apply for tourist visas.

If you are considering applying for a tourist visa to come to the US, please contact us right away. Your chances of a successful application increase dramatically when you have a knowledgeable and experienced attorney working for you. Good luck and happy travels!

Many people who come to the US and overstay their visas are doing so because they have family ties to the US. However, if they want to make their status legal, it is difficult because they need to leave the country for a certain amount of time, thus being separated from their family. However, a new policy proposed this month by the Department of Homeland Security (DHS) could change all of that.

Many people who talk about illegal aliens are thinking only about people crossing the borders, swimming across the Rio Grande or sneaking through the desert. However, about half of the people who are in the US illegally came legally on visas and then simply stayed longer than they were allowed to. They may have come on a tourist visa, a student visa, or a work visa, but after spending some time here, they could not bear to leave. Most of the time, the reason they stay is because they have family here. Often, they even end up married to a US citizen.

Unfortunately, when these people do try to fix their status and make themselves legal, they are heavily punished. If the US government were to levy a fine or impose community service, that would be one thing. But the immigration laws today require these types of people to leave the United States for a period of three or ten years (depending on whether they’ve overstayed 6 months to a year, or more than that). Once they leave, they must apply for a special waiver to let them back in sooner. The only way they can get that waiver is if they can prove extreme hardship to their US citizen spouse. Of course, extreme hardship is just that – extreme – and so it is very hard to get a waiver of this type granted.

In the meantime, a family is torn apart. The alien who stayed in the US illegally to maintain family unity now finds that, in an attempt to make right their prior wrong, they are forced to leave their family for many years. Although they stayed illegally to keep their family together, to become legal, they must tear their family apart. Even if they get the waiver they asked for, processing is slow and they often have to stay a long time in their home country. It is a harsh system.

On January 6, 2012, the DHS proposed a new policy: letting people apply for their waivers without leaving the United States. Although immigrants will still have to leave the US to apply for their visas, at least they will leave already knowing their waiver has been granted. Often the waiver of unlawful presence is the hardest part of the green card application for these kinds of people. However, a visa or green card could still be denied for other reasons, like prior deportations or criminal convictions. Still, this marks a step in the right direction for US immigration policy and hopefully it will come to be a reality very soon!

It is wonderful when you are able to realize your dreams and move to the United States, but it is also hard to be away from your family. Your parents might have a hard time getting a visa to come visit as often as you’d like. Or you might prefer to have them come live with you and help you out, caring for the home and children. Here is the information you need on how to get a green card for your parents.

United States immigration law allows both US citizens and lawful permanent residents (LPRs) to petition for their family members to come to the US. However, only US citizens can sponsor their parents to come here. If you are a permanent resident and not a US citizen, you can apply for citizenship when you’re ready and able to. Once you are a US citizen, the process of petitioning for your parent to get a green card is fairly fast.

Most things in US immigration law are complicated, so you may want to hire an immigration attorney to help you. Filing for your parent to get a green card is no exception. It is not such a simple process – there are two steps to applying for it.

The first step is the family immigration petition step. In this step, you file Form I-130, Petition for Alien Relative. You must be able to prove that your parent is indeed your parent. This is called establishing a "qualifying relationship." If you do not accomplish this part, you will not be able to advance to the next step. Therefore, it is advisable to hire an expert to help you so there are no errors or problems with your Form I-130.

The next step is to actually apply for the green card itself. For this step, another set of forms, Form I-485, must be filed. You will also need to submit a long list of documents, if you did not already submit them with your I-130 package. This process will be different depending on whether your parent is in the United States already or if he/she is in another country. If your parent is in the US, they should (in most cases) be able to adjust status (change their immigration status) without needing to leave the US. If he/she is outside of the US, then the process will go through the US embassy for the area of their residence.

To be eligible to file for your parent’s green card, you will need to be at least 21 years old and be a US citizen. It must be your natural parent, which means that if it was your mother, she gave birth to you, or if it was your father, you were legitimated or he was married to your mother. Alternatively, you can petition for your step-parent, as long as he/she married your biological parent before you turned 18, or if you were adopted by your parent, you must have been adopted before you turned 16.

You will need to prove all of these things. To do this, you will have to present many documents. Your parent will also usually have to undergo an interview, preferably with you present as well. To petition for your parent’s green card without any problems, give us a call!

The United States government is very strict in that it does not want people just to come to this country and be a drag on its resources. Some people think immigrants can just come to the US and get medicare and welfare, but that is not the case. To make sure this does not happen, immigrants need a sponsor – someone in their family who earns enough money to be able to support themselves and the new immigrant. To make sure of this, you must fill out Form I-864, the Affidavit of Support.

The Affidavit of Support, Form I-864, is one of the many forms that need to be filled out when sponsoring a relative to get a green card to the United States. The sponsor has to meet certain poverty guidelines, which shows the US government that the sponsor will be able to support both themselves (and their family), and the alien coming to the US, above the poverty line. Of course, this amount changes depending on a variety of factors. Each year the minimum requirement is different because the economy changes. It also varies from state to state. Finally, the number of people in your family also affect it. If you have five people in your family to support, your minimum amount earned will need to be higher than if there are only two of you. Each year, the United States Citizenship and Immigration Services (USCIS) publishes a new list of Poverty Guidelines, so when you file the Affidavit of Support, you will need to check to make sure that you are earning enough.

If you are not earning enough money each year to meet the requirements of the Affidavit of Support, there are a few things you can do to make sure you meet the requirement. You can include certain assets, like money in a bank account, stocks, and bonds. If the person you’re sponsoring is your spouse or child and you are a US citizen, it must be enough to cover three times what the poverty guidelines require. If it is anybody else, it must be five times the poverty guidelines requirement. Another option would be to find a co-sponsor to help share the burden. However, the joint sponsor must meet the poverty guideline requirements on their own (without sharing) and must be willing to accept responsibility for supporting the alien if need be.

The Affidavit of Support is a contract. In fact, it is a legally binding and enforceable contract, between the person (or people) signing it and the United States government. The sponsors who sign it are saying they will support the new immigrant until they either become a US citizen or work for 40 quarters (10 years). Because it is a contract, the US government can sue the sponsor for reimbursement if the alien uses public benefits, like Medicaid. This also means that the alien can sue their sponsor for support under this contract. If, for instance, you marry someone who brings you to the US and they refuse to provide basic support for you (such as when you get divorced), you can actually sue them in court to make them support you.

The United States has a wealth of desirable tourist spots: the Statue of Liberty, the Grand Canyon, Las Vegas, New York City, Hollywood, Disneyland, and many others. Not only does the US have a number of famous landmarks, but it’s also known all over the world for its shopping: New York’s 5^th Avenue, LA’s Rodeo Drive, and Miami’s Lincoln Road, to name a few. These are the reasons why foreigners want to visit: to see the sights and spend their hard-earned cash on touring, fancy hotels, and high-end shopping. Yet, tourist visas to the US are notoriously difficult to get.

Tourists to the United States are a significant source of revenue, which is especially important in certain regions like Nevada’s Las Vegas. With extremely high unemployment in the state, every business that stays open is boon. However, the difficulty of obtaining a tourist visa is strangling the industry. Leaders in the tourism industry insist that over $800 billion more could be made each year if it were easier to obtain a tourist visa.

Indeed, the number of tourist visas issued has fallen by more than a million annually since 2001. The majority of tourists to the US come from the 36 other countries that are part of the Visa Waiver Program, which allows citizens of those member states to file an application for a tourist visa online, then travel to the US for up to three months out of the year.

There are many more people, especially the wealthy, who would like to come to the US. Unfortunately, countries like China, India, and Brazil – all up and coming world economies – require tourists to apply for an actual tourist visa before traveling. Just getting an interview can often take up to 3 months, and that both requires the applicant to travel to the embassy or consulate (often a long trek) and does not guarantee that the visa will eventually be issued.

Most applicants have difficulty obtaining a tourist visa because the US government officials are afraid they will stay on in the US beyond the terms of their visa. Their fears are not unfounded – at least 40% of undocumented immigrants in the US today came in on valid visas and overstayed indefinitely – but it does make the process more difficult for those who are genuinely interested in just being tourists.

If you are interested in coming to the US and would like assistance with obtaining a tourist visa, please do not hesitate to give our office a call! We can explain to you exactly what documents and evidence you will need to bring to convince officers that you will return to your home country. We may also be able to help you speed up the process so you can receive your tourist visa faster than average.

Immigration has been a hot topic recently in the Republican primaries. Presidential hopefuls have focused increasingly on the importance of securing the borders – and insist on doing so by building a fence of some sort along the US-Mexico border. It seems that increased border security has proved incredibly effective in the past decade, but is it effective enough to justify the high costs?

It seems that almost all Republic presidential possibilities have suggested something to do with fencing in the US-Mexico border. Herman Cain has suggested either a 20-foot high fence with a trench and alligators along the whole border, or, alternatively, an electric fence. Newt Gingrich has said that he thinks the National Guard should be put to work patrolling the border. Even Rick Santorum and John Huntsman have mentioned the necessity of fencing in the border. It just seems to be the popular thing to say.

It would be wise, however, to look first at some facts before coming to any hasty decisions about whether spending money the federal government really doesn’t have on a giant border fence is the right thing to do. Currently, there are 649 miles of fencing on the US-Mexico border, plus 1,252 miles of the Rio Grande, which is something like a natural border fence. Yet although the vast majority of the 1,969-mile border is already built up and defended, it does not seem to be enough for many people.

Building the fence that already exists along the border cost the US government $2.5 billion. Maintaining that fence for 20 years costs an additional $6 billion. Because the fence only covers about 1/3 of the border, fencing in the rest will cost another $5 billion and will add $12 billion to maintenance. This comes to a total of $25.5 billion spent over a 20 year period – and that’s only the cost of the fence itself! Border patrol salaries, training, and supplies cost additional money.

Yet, it seems to be true that the fence is working – or at least the fence paired with increased patrols and more border security agents is working. After all, 1.64 million people were caught sneaking across the border back in 2000, but in 2011 the number of border-crossers caught was barely over 300,000. The improvement is drastic. Indeed, even in the last few years, the number of vehicles crossing the desert in one area plummeted from 350 back in 2007 to only 4 in 2011.

At some point, one has to wonder if we’ve reached a point of diminishing returns. Spending $2.5 billion to build and $6 billion to maintain a fence that decreased the number of illegal border crossers by at least 1.3 million annually does seem worth it, but spending another $5 billion to build and $12 billion to maintain a fence that could, at most, keep out another 300,000 or so, seems a bit excessive. Either way, with the facts we are each now able to make up our minds about border security in an educated fashion.

If you have family members living in other countries while you live in the United States, there are ways that you can be reunited with them.  The procedure is slightly different in every situation because each case is unique, so you will probably need help figuring out what you need to do and how to do it.  Our law office will be able to help you with all of this.  Here are some common ideas for family members you might be able to bring to the United States:

If your husband or wife is in another country, you may soon be able to be reunited with them.  He/She might be eligible for a fiancé visa, which would allow them to come to the United States to marry you if you are a US citizen and you are not yet officially wed.  If you are already married, you can file an immigrant petition if you are either a US citizen or lawful permanent resident.  If your spouse has a criminal record or has previously been deported from the US, he/she may not be allowed to come into the United States right away. Instead, you need to file a waiver requesting that the United States government forgive the earlier offense so you can be reunited sooner.  There are many types of waivers, each with different requirements, and all very complex, so you will need a lawyer to help you complete one if you need it.

There is also no waiting period if you are a US citizen and you want to file a petition for your parent(s) to come to the United States.  Older immigrants usually contribute to the country in many ways, such as bringing their retirement funds with them and spending them in the US, thus improving the economy.  They also help out by caring for the grandchildren.  Thus, your parents will be very welcome in the US.

If you have relatives you’d like to bring to the US who do not fall into these categories, you may still be able to petition for them, they might just have to wait a longer time before they are able to come.  Unmarried children living in other countries have the least amount of time to wait, followed by married children.  Brothers and sisters of US citizens have the longest wait of all the categories.

In spite of having a long wait for some categories, they are still worth checking out.  Right now there is a bill in Congress that, if passed, would help reduce the visa backlog.  The sooner you file, the sooner you get on the waiting list for a visa. If this bill passes, you may not even have to wait as long to get it, either.  So if you have a family member who you think you’d like to sponsor to come to the United States, you should contact an immigration lawyer to learn about the process and to get help filing the applications.  Good luck with your application and we hope your family is reunited very soon!

If you are in immigration court, facing the possibility of deportation, it is not the right time to take risks.  You should definitely hire an attorney.  You may think that you can handle your case fine on your own, but you cannot.  And you may think that simply hiring a general practitioner will be enough, but it will not.  You need to hire a licensed immigration attorney.

Immigration law is not like criminal law.  Although detention might seem like jail, it is not jail, and immigrants in immigration court do not get the same rights that criminal defendants get.  If you are in court for a criminal charge, you are guaranteed the right to a lawyer, but in immigration court you do not have this right.

Many people choose not to hire an attorney for their immigration court case.  Some people think they are smart enough to win their case on their own and that they do not need an attorney.  However, immigration law is enormous and very complex.  Even hiring a general attorney will not be good enough – you need to hire an immigration specialist who knows and understands the ins and outs of immigration law.  In a recent study, judges in New York reported that in nearly half of the cases where people had attorneys, their representation was not good enough.  This means it is worth it to you to hire someone who specializes in immigration and who knows immigration law well enough to represent you.

Other people do not realize just how important having an immigration lawyer really is.  Nearly 70% of immigrants who have attorneys are allowed to stay in the United States, but less than 10% of immigrants who do not have attorneys get to stay.  This shows you just how important having an attorney is.  The difference between having a 10% chance of staying and having a 70% chance of staying is huge.

It also seems like many people just do not have the money to hire a good immigration attorney.  In some parts of the United States, about 80% of the immigrants who end up in detention before they are deported did not have attorneys.  If you are in immigration court, it is worth it to you to spend the money on a good immigration attorney who can help you.  Even if you need to borrow from friends and family, it is worth it.  It could make the difference between whether you get to stay in the US or have to leave.

As you can see, it is very important to hire a good immigration attorney, even if it will cost some money.  This is your life and your ability to stay in the US with your loved ones that is at stake and it is not something worth risking. Our law office specializes in immigration law, so all of our lawyers know and understand the immigration system and how it works.  We will be able to help you, so give us a call today!

This week, the first Republican primary election in New Hampshire will take place, following close on the heels of last week’s Iowa caucus. After New Hampshire, Republican voters in other states will take to the polls to determine which Republican presidential hopeful will run against current President Barack Obama, who is up for reelection. The New Hampshire primary is considered to be a litmus test of sorts, a way of gauging the national political pulse. This year, it could also be a strong indicator of what the future of America’s immigration policies will look like.

Immigration has been a very hot topic this year and has come up repeatedly in debates. Most Republican candidates have been taking stronger and stronger stances against immigrants and immigration, playing to a conservative audience. Let’s take a look at the immigration opinions of the main candidates running in the New Hampshire primary this week:

Mitt Romney

Romney started out the new year by declaring in Iowa that if he became president, he would veto the DREAM Act. He has strongly opposed giving any sort of benefits, including in-state college tuition, to anyone who is undocumented, even if they were brought here as a young child. He strongly opposes any sort of amnesty and believes that any move in that direction would only attract more illegal immigrants. He is, however, open to the idea of granting residency to illegal aliens who serve in the US military.

Rick Santorum

Santorum believes that nothing can (or should) be done about the current population of illegal immigrants until there is a solid fence along the US-Mexico border. He neither wants to kick out all the illegal immigrants, nor does he want to grant amnesty to them. He has not proposed any sort of solution or supported any particular stance with regards to the existing population of illegal immigrants. However, his voting record does reflect his positions on the subject. He has voted against bills to offer any amnesty or legalization for undocumented aliens, guest worker programs, and granting social security benefits to illegal aliens. On the other hand, he has voted in favor of increased fencing along the US-Mexico border.

Ron Paul

Like Romney, Paul believes that offering any sort of amnesty or citizenship to illegal aliens will only encourage more people to come to the US illegally. Still, he recognizes that it would be impracticable to deport all the illegal aliens presently in the US, so he proposed a “red card” solution that would offer a residency of sorts to people without allowing them to obtain citizenship. In the past, he has suggested calling back the US military and using them to patrol the US-Mexico border, rather than putting up a fence. He also introduced a bill that would amend the 14^th amendment to the US Constitution so that the children of non-citizens born in the US would not automatically get citizenship. On the other hand, he has indicated that if the US economy were strong and unemployment was low, he would welcome more immigrants.

Newt Gingrich

Gingrich has gone back and forth on the immigration question. He does not support mass deportations because he feels people need to be assessed individually. He is concerned that immigration policies are tearing families apart. However, he recently changed his tack. Like Paul, Gingrich has supported having the National Guard patrol the US-Mexico border. He also does not support any sort of amnesty and wishes to enforce immigration laws by imposing steep fines on employers who hire illegal immigrants.

Rick Perry

Perry has always stood firm that securing the US-Mexico border is his top priority. However, he also supported a Texas bill to allow illegal immigrants to pay the lower in-state tuition rate and to receive state-funded educational grants. On the other hand, he has been a vocal critic of President Obama’s recent policy of releasing “low priority” immigrants. Perry would prefer to focus on deporting anyone and everyone who is apprehended.

Recently, workers without proper papers were recently advised by Washington Rep. Luis Gutierrez (D-Ill) that they should always have copies of documents proving their connections to the United States.  Things like marriage certificates (if married to citizens of the United States), transcripts from high school, birth certificates for their children (born in the United States), among other papers, can act as enough evidence that they have solid links to the United States.

He further added during a press conference that such workers could still be taken into custody by police if they are caught driving when they don’t have a license, failing to completely stop, or even if there was something wrong with one’s taillight. But he also advised them that in case this happened and they are handed over to the officers at the Immigration and Customs Enforcement (ICE), then that is the time to bring out the documents to prove their solid links to the United States. The officers should then go through their records and release them immediately if they don’t have any criminal records.  This is in accordance with President Obama’s proclamation this fall.

Currently, it is vital that any immigrant with no proper papers has some documents that can act as evidence of their solid links to the United States so as to prevent them from being prosecuted. On August 18th, President Obama broadcast a policy that would ensure that some cases for deporting immigrants would begin to be studied so as to figure out which ones do should be put on hold. 

Those immigrants with no proper papers but have children or even spouses that are citizens of the United States, have relatives serving in the US military, are old, physically challenged, or who were aged below 18 years as at the time they entered the United States will not be expelled due to this policy, on condition that they have not engaged in any criminal activities.

Alabama and South Carolina, together with Arizona’s infamous S.B.1070, have enacted laws that permit the police to ask someone about their immigration status in cases where they have adequate reason to believe that that person is an illegal immigrants. All this, however, led to a lawsuit by the Department of Justice against these states, plus Utah, in a bid to stop the application of these immigration laws. The lawsuit filed against Alabama’s H.B. 56 received overwhelming support from almost forty House Democrats, who signed an amicus brief.

However, there are still other House Democrats who would prefer that the administration of Obama works much harder to ensure that the laws being applied in these states are stopped. Rep. Gutierrez is planning look further into whether those detained due to the Alabama law would be deported or removed.

If you don’t have a visa, green card, or US citizenship, you should remember to always carry documents proving your close ties to the United States.  If you are unsure what documents to carry, give our office a call and we will help you out.

If you are an affluent foreigner who wants to get a green card, you should join the stampede.  Many wealthy intending immigrants to the United States are rushing to take advantage of the special EB-5 pilot program that allows them to get a green card if they invest in certain business and construction projects located in the United States.  States like New York, California, and Texas, to name a few, are using these programs now to finance projects.

The EB-5 program has a limit of 10,000 visa applications per year, but usually it has very few applicants.  However, in the last two years applications have nearly quadrupled so that in 2011, there were over 3,800.  As a result, one of the immigration reforms the Obama administration is currently planning is to try to streamline the EB-5 visa application process.

Of course, wherever there is money and politics there is a risk of corruption.  As a result, the program has its critics.  Not only is it being criticized because some people dislike the idea of “buying” a visa, but some people are claiming that certain politicians are drawing up “high unemployment” zones but that they are really areas of prosperity.  By placing the projects in areas that really are prosperous, more foreign investors will put their money in and the project is more likely to be successful, guaranteeing them green cards.  If investors are reasonably assured of getting green cards for themselves and their families, they will not care as much about how much monetary return they get on their investment.  In this way, developers can essentially get interest-free loans.

Of course, this situation is not necessarily bad.  Just because a project is in a prosperous area does not mean that the jobs it creates are any less valuable.  Especially when a project is located in a place like New York City, where people often commute from low-income areas to more prosperous ones for work, any job creation is clearly a benefit to the local, state, and even federal economy.  And if the location of the project in a more prosperous zone draws more investors, it means the likelihood of project success is dramatically increased.

If you are considering investing in a project in order to get an EB-5 visa (and eventually a green card), you need to be really careful which program or project you choose.  Not all projects are created equal and some of them will make you more likely to get a green card than others.  You should not take a risk and try to make this decision on your own.  Instead, you should consult both with your financial advisor and with your immigration attorney about the project you want to choose.  EB-5 investments require a minimum of $500,000 invested, which, for most people, is not a small amount of money to gamble with.  So all decisions should be made wisely.  Contact our office as soon as possible to discuss which project would be best for you.

If you are visiting this site, you probably need immigration help.  One of the most common types of help people need is to apply for a waiver because they are inadmissible to the United States.  When the US government has decided that, for one reason or another (such as overstaying a visa or committing a crime, e.g. fraud), you are not able to enter or stay in the US, you can request a waiver of this requirement to allow you to stay.  Most probably, the waiver you will need will be based on extreme hardship to your US citizen or lawful permanent resident spouse.

If you want your application for a waiver of your inadmissibility to succeed, you will need to look for proof that your spouse, parents, or (in some cases only) your child(ren) is/are US citizen(s) or permanent resident(s).  You can prove this by providing a copy of a passport or a green card.  You will also need to show how they have gone through (or will go through) “extreme hardship” for no reason other than that you live (or might have to live very far away.  This is by far, the most difficult factor to establish. 

At our immigration law firm, we understand that it will never make sense or seem fair to you if you are told your family member must be barred from living with you (either now or in the future).  Even if the judge or consular officer says you are simply undergoing “normal hardship,” it will never feel “normal” to you and will always feel like “extreme hardship.”  You may be feeling frustrated trying to get others to understand how you feel.

Unfortunately, part of the problem is that the US citizen or permanent resident spouse, parent, or child is usually the person putting together the proof of the “extreme hardship.”  This adds to the stress and depression being experienced.  Sadly, these factors often make a poor impression on a judge or consular officer and can prevent the application from being approved.

But where can you go for guidance, help, and reassurance during this whole procedure?  You can try contacting the United States Citizenship and Immigration Services (USCIS) Ombudsman, which happens to be an agent of the Department of Homeland Security (DHS). This agency is supposed to make sure everyone fully understands the procedures and is supposed to guarantee that they are all applied equally.

However, simply contacting the USCIS Ombudsman will not reassure you.  It may only help you understand the procedures more clearly.  What you really need is someone who can hold your hand and guide you through the process.  You cannot be expected to gather all the evidence for the waiver, put it together, and handle everything on your own, while you also try to deal with your family life and your everyday responsibilities.  This is where we come in.  You need an advocate on your side to properly and persuasively present your waiver package.  This is one law firm that really understands what you’re going through.  We have a lot of experience writing waivers and we know what works.

Many clients come to me and assume that a waiver application is simply a form that one submits either to the immigration judge or consular officer at an American Embassy overseas.  Not true! A waiver application includes a form, along with a well-crafted legal brief outlining the facts and legal arguments in support of a client's application either to stay here in the United States or overcome any inadmissible ground he or she is alleged having that bars entry into the United States.  The waiver application must document, document, and document the reasons why the waiver should be granted.  Immigration judges and consular officers like to see legal arguments, they like to be persuaded why they should grant your application when it is simply so easy to deny a case with little evidence.

Give us a call and you will have less stress and more chances of success in your “extreme hardship” waiver application!

If you have ever thought about or dreamed of adopting a child, you have another good reason to consider it! The fiscal year is ending and you may find yourself paying more taxes to the US government than you’d like to! You might be dreading the April 15th deadline. If you have adopted a child this year or if you have been planning to adopt soon, then there is one thing that may make you feel better: the federal adoption tax credit! If you have been on a long waiting list for adoption within the US, you should consider international adoption.

Our office can help you with everything. Plus, as soon as your adoption is complete, you will be eligible for the adoption tax credit! If you want your adoption tax credit to show up on your 2012 taxes, you must contact us right away so we can start helping you to adopt internationally!

Here are some more fast facts about the adoption tax credit: You may adopt a child from either within the United States or from any other country. The child must be less than 18 years old. The child cannot be related to you as a step-child.

The gross income that you earn annually must be less than $182,520 in order to receive the full tax credit. Your adoption tax credit will be determined by how much you spend on the adoption.

If you spend $40,000, you will be eligible for $40,000 in tax credit. Of course, if some of this expense is reimbursed (for example, by your business) and your total expenditure after the reimbursement is only $20,000, then you will only qualify for a $20,000 tax credit.

If the child you’re adopting has special needs, you will always qualify for the full tax credit claimable, regardless of how much you paid to adopt. If your adoption processes were completed this year (2011 – the upcoming tax year), the maximum tax credit should be $13,170, although it could go up or down due to forces of inflation. However, this amount is already higher than in previous years.

The amount of the tax credit changes every year. It is estimated that in 2012 the tax credit will be $12,170, while in the 2013 tax year it will only be $5,000 (or $6,000 for a special needs child). Thus, the tax credit amount is going down.

You want to file your international adoption papers as soon as possible in order to complete the adoption during the year 2012 so you can get the high tax credit available, before the amount of the tax credit decreases. Thus, if you are considering adopting, please contact us immediately so we can schedule a consultation and get the process started! The sooner the process starts, the sooner it will be completed, and the more likely you will be to get your tax credit! Good luck!

It’s unusual to see Republicans and Democrats working together on immigration legislation. Even when reasonable options are proposed, like President Obama’s Comprehensive Immigration Reform, or Republican presidential candidate John Huntsman’s plans, the other party is usually strongly opposed to it.

However, the House of Representatives recently – and quietly – passed legislation that would amend the visa system to allow more highly skilled Chinese and Indian applicants to receive lawful permanent resident (LPR) status. The goal of the new legislation is to reduce the extremely high visa backlog that some countries experience, especially countries with high populations like India and China.

Right now, each country is capped at a maximum of 7% of all available employment-based green cards, which puts highly populated countries at a disadvantage. There are only 140,000 of these green cards available annually.

The new legislation changes that so that, after a three-year transition period, all employment-based green cards will be issued on a first-come, first-served basis, with no country cap. Eventually, this means that all countries would have a long wait – about 12 years – but this seems much more fair that having citizens of certain countries (like India) on a 70-year waiting list.

People applying for green cards based on family relationships could also benefit under this bill. Like employment-based green cards, family-based green cards are restricted to only 7% per country. This means that some groups, like Mexicans and Filipinos, will have to wait an extra long time to receive on of the 226,000 family-based green cards issued each year. The new legislation was written by two Republicans, Rep. Jason Chaffetz and Rep. Lamar Smith, and was sponsored by Democrats, including Rep. Zoe Lofgren and Rep. Luis V. Gutierrez. The bill passed with an overwhelming majority vote of 389-15. The key to the bill’s success, Rep. Chaffetz maintains, is that he reached out to the other party and tried to give them something they wanted (in this case, Democrats really wanted the amendment to the family-based green card system), although he avoided touching sticky subjects like illegal immigration or providing for new visas. He has said that he knows it is impossible to fix illegal immigration without first fixing the legal immigration system.

Although the new bill has yet to be passed in the Senate, it looks favorable. It has strong bipartisan support there, according to Senator Charles E. Schumer. If you are applying or have applied for a green card as a highly skilled worker from India or China, you stand to benefit the most from this legislation. If you have family members in the Philippines or Mexico, you also may have your family member(s) living with you much sooner! If you are Chinese or Indian and have chosen to apply for a temporary work visa instead of a green card because the wait would be so long that it would not be worth it for you, then you may want to think again. Now that it looks like the law will change in your favor, you may want to apply after all!

If you invest $500,000 or $1 million in a business that creates at least new jobs, you could be eligible for a green card. This program, known as the EB5 visa program, has been referred to for a long time as the “million dollar green card” because people traditionally had to invest $1 million in a business in the US in order to qualify. However, it is now possible to invest only $500,000 and still get the visa.

There are three categories of EB5 visas:

1. Invest $1 million in any US company and prove that this investment leads to the creation of 10 new full-time jobs in the company within 5 years.

2. Invest $500,000 in a US company that is in an area of high unemployment or a rural area. This investment must lead to the creation of 10 new full-time jobs in the company within 5 years.

3. The EB5 Pilot Program: Invest $500,000 in a government-approved project, such as a mall or office building in a certain area, that creates 10 new full-time jobs within 5 years. These 10 new people do not have to be employed by the business itself, but can be an indirect creation of the job, such as shop employees if your project is a shopping mall.

The EB5 visa program, which stands for the fifth employment-based visa category, provides up to 10,000 visas each year, which is only 7.1% of all the available employment visas. There have never been enough applicants to reach this quota.

Many states, such as New Jersey and Maryland, have decided to start new EB5 pilot program projects. Some people do not like this program because it seems like it is possible for an immigrant to “buy” a green card. Some politicians are trying to work against the program, but for the most part it has a lot of support. Since it was created in 1990, it has grown quite a lot.

Not just anybody can “buy” a green card through this program. There are a lot of requirements, such as not having a criminal record or having been deported. If someone has one of these bars on them, they have to apply for a waiver like anybody else. Plus, the business or project they invest in must prove it has created 10 new jobs in that 5-year period. If it doesn’t, the investor could lose their green card.

This program has a lot of benefits for Americans, especially with unemployment so high. It brings investment money from other countries into our own and it creates jobs for American citizens. These new immigrants are usually wealthy and educated, which means they are also paying local, state, and federal taxes. Because they are well-off, they do not need social services like Welfare or Medicaid.

Finally, many states do not have the money to pay for necessary projects, such as building a new office complex or a new port. This is a way to use private investment to pay for projects that benefit the entire state. The EB5 investor visa is good for the USA and is a good way to get a green card!

A few months ago, President Barack Obama made the executive decision that the Department of Homeland Security (DHS) and its Immigration and Customs Enforcement (ICE) branch should focus on deporting criminals. This is not an amnesty program. However, eligible aliens can, under this program, avoid being deported and get a work permit.

What President Obama has done is to tell DHS, which is a branch of his executive office, who they should pursue and who they should put on hold. Anybody who is in immigration court proceedings but who does not have a criminal record should have their case deferred.

President Obama has told ICE and the DHS attorneys to use what is called “prosecutorial discretion.” Prosecutorial discretion is when the government and its attorneys get to decide who to concentrate on deporting. The government attorneys, called “Trial Attorneys” or “TAs,” do not have to try to have every person whose file comes across their desk deported. In fact, in June 2011, John Morton, the Director of ICE, even issued an official memo telling attorneys to use their prosecutorial discretion to focus on the most important and most serious cases. They can also use their prosecutorial discretion to agree to reopen an older, closed case, or to not oppose your request for immigration relief from the immigration judge.

Deferred action, or “deferred deportation” is a status you can get when ICE decides not to pursue your immigration case in court. This is not a decision made by the judge in immigration court. It is a decision made by the Department of Homeland Security that it does not want to deport you right now.

Deferred action does not last forever. Usually it is granted for a specific period of time, such as one year. When it is close to expiring, you can apply to have it renewed. It does not mean that you can never be deported, just that your removal is “deferred,” or put off until later.

The major benefit of deferred action on your case is that you get a break from being in immigration court. ICE will not actively pursue your deportation and will leave you alone. You will be able to sleep peacefully at night. Another big benefit of deferred action is that you will be able to receive a work permit. As long as your immigration court case is deferred, you will be able to work legally!

DHS is now beginning to follow President Obama’s instructions to review all immigration cases to decide which to pursue and which to defer. They will concentrate on deporting people who:

• Are suspected terrorists;

• Have committed a felony or many misdemeanors;

• Are gang members;

• Have violated the human rights of others; and

• Have entered the US illegally (without inspection) or overstayed their visas within the last 3 years.

If you are in immigration court proceedings or have received a Notice To Appear (NTA) in immigration court, but do not have any of those things, you should contact our office  right away. You probably qualify for deferred action and having a good immigration attorney can help you receive it. Even if you do have one of the above, you should still contact an immigration attorney because there may be a waiver or another option available to you. Good luck!

H-1B visas are some of the most popular US visas. The H-1B visa is a business visa for people in specialty occupations. There are 65,000 issued each year, plus an additional 20,000 for people with Master’s Degrees or better. It is a complicated process to get an H-1B visa, so if you are interested in getting one, and you have a job offer in the United States, you will need an immigration lawyer to help you with all the H-1B visa paperwork.Getting an H-1B visa is challenging enough, but once you get an H-1B visa granted, you will want to make sure that you do everything right so that you do not risk losing your new visa. Here are some tips you need to know in order to keep your H-1B visa in good status:

You may be wondering if your family can come with you to the United States on your H-1B visa. Your spouse is welcome to come with you, as are your unmarried children under the age of 21. They can apply to come in the H-4 non-immigrant classification. Unfortunately, once they are here, your family members will not be able to work. The H-4 visa classification does not qualify for a work permit. You should make sure - before you select your job and living location - that you will be able to provide for yourself and your family adequately.

An H-1B visa is valid for 3 years. You can extend it for an additional 3 years, for a total of 6 years. This is the maximum amount of time you are allowed to stay in the US on an H-1B visa. It cannot be extended a second time. If you would like to continue to work for your employer, they will have to be willing to sponsor you for permanent residence. However, there is usually a long waiting period for this (you will probably be coming on an E-2 or E-3 classification) so you should discuss it with your employer and with a licensed US immigration attorney before making this decision.

With your H-1B visa, you will be allowed to travel within the United States. There are no restrictions on this travel. Your travel will be unrestricted, so you can travel in the United States proper, as well as other US territories and possessions, such as the US minor outlying islands. You will not have to fill out any extra forms or show officers any extra documentation. You should be careful to always carry your passport and visa with you, however. You never know when you will be asked to show these documents to an official. This is especially true if you plan to travel to certain states. Some states have recently changed their immigration laws to be more harsh and you could be in trouble if you don’t have your documents with you. This is especially true in places like Arizona, Alabama, Georgia, and South Carolina.

You are also allowed to travel outside of the United States. As long as your H-1B visa is valid, you are allowed to exit and re-enter. This means that if you have family or affairs in your home country, you can attend to them. You can also travel for business. If you have a criminal conviction while you are in the United States, consult with an immigration attorney before travelling.

If you experience the unfortunate situation where you lose your job in the US before your visa expires, you will need to return to your home country. You cannot just start working for another employer on your existing H-1B. The new employer would need to sponsor you. However, your previous employer will be responsible for paying your travelling expenses so you can return to your home country. If you quit your job, you will need to pay these expenses on your own.

Good luck with your H-1B visa! These facts should help you to understand more about your rights and responsibilities as an H-1B visa holder. If you are considering applying for an H-1B visa, please contact our law firm immediately to discuss your prospects.

UPDATE: As of November 22, 2011, the H-1B quota for 2012 has been met. No H-1B applications can be filed until April 1, 2012, unless applicant qualifies for excemption.  If anyone is unsure whether or not they are subject to the cap, please contact us so we can advise you accordingly.

This past year, the United States deported a record high number of people. Unfortunately, many of those people have families in the United States. Husbands, wives, or even children are left behind. If you are facing immigration court and possible deportation or removal, do not hesitate to contact us to help you with your case.

There are many sad stories of families torn apart by deportations. Unfortunately, it is often the wives and children who suffer most, as they are left behind. A single mother now has to struggle to feed her family and still wants to send money to her husband or partner in a poverty-stricken foreign country. The economic crisis has also exacerbated the problem by making it harder for these single mothers to find jobs. As a result, many end up on the streets or living in shelters, homeless.

The sad thing is that many deportations could be prevented. Certain crimes can be waived, or, in essence, overlooked, by the US government. Things like minor crimes or visa overstays are eligible for waivers. However, if you do not have a good immigration attorney, you will not know if you are eligible for a waiver. You must meet certain qualifications in order to be eligible for a waiver.

Applying for a waiver is a complicated process. Sometimes people need more than one type of waiver. Plus, the requirements for each waiver are different. For one waiver, it may be enough if you have a US citizen child who will suffer without you, while for another this factor will not really even be considered. Because it is so confusing, it is not easy to try to do this by yourself, with no help at all.

Also, waivers are difficult to obtain. Most people who do not have a lawyer end up getting deported even if they qualify for a waiver. They do not know what their rights are, what they can apply for, how to apply for it, or how to be successful in court. Even if they do apply, they do not know how to make their cases strong. Studies show that having a good immigration attorney can increase your chances of having a successful immigration court case by up to 20 times!

Right now, the US government’s Department of Homeland Security (ICE) Immigration and Customs Enforcement (ICE) branch is concentrating on deporting people with criminal records. However, many of these criminal records are eligible for a waiver. If you have an old criminal record, do not delay. You should consult with a licensed immigration attorney before you end up in immigration court so you can begin preparing your case or you can work on getting the right documentation before it becomes a problem.

Your family is not something you want to risk. Whether you are running the risk of leaving behind your husband, wife, or children, you should make resolving your immigration situation your top priority. Before a deportation causes your family to be torn apart, contact our immigration law firm and find out how to prevent it.

Many American couples dream of adopting a child, but waiting lists in the US are very long, so turning to international adoption is a much better option. Our firm is more than equipped to help you with your international adoption needs. However, the process is different for different countries. Mexico, Ukraine, and the Democratic Republic of Congo recently changed their international adoption procedures. If you have been thinking of adopting from one of these countries, be advised that the procedures will now be different!

Every country will have different adoption requirements and international adoption laws change all the time. If you are planning on adopting internationally, you will need to hire a good immigration attorney to help you. You do not want your adoption to experience any delays based on mistakes in filing, or unexpected changes to the law. Therefore, you should give the Gambacorta Law Office a call as soon as you decide to adopt internationally so we can discuss your options!

Are you in removal proceedings, where you have to go to immigration court or face being deported? It can be a frightening experience. You will probably want to hire an experienced immigration attorney to help you. However, even if you do have a really good immigration lawyer working for you, you will still need to know certain things before you go to court. Here are some top tips to help you be prepared for immigration court.

Arrive early. It is essential for you to attend all immigration court hearings, but even that will not be enough if you show up late. If you miss a hearing altogether, or if you show up late, the judge might not wait for you. The judge can order you removed in your absence. It is very difficult to get a judge to open your case back up again! Unless you have a death in your immediate family or you have to go to the hospital for a serious emergency, you should never miss your court date. And to make sure you are never late, you should leave extra early. This way even if you encounter traffic or get a flat tire, you will still arrive on time.

Dress professionally. Immigration court is a serious place and you want the judge to have a good impression of you. Wear your nicest suit, or at least nice slacks and a collared shirt, or a modest dress. Try not to wear anything too revealing or casual. This is not the time to wear your “lucky” shirt showing your favorite musician on the front. Pretend you are going to a very important and high-paying job interview.

Be respectful. Be respectful of everyone you meet. You never know who you might be talking to! Sometimes judges will come out into the hallways and you might not even know they are judges. Also, you want the clerks, security guards, and other court employees to have a good impression of you so they will want to help you if you ever need it. You must be calm and pleasant at all times, even if you do not get a good result in court. It is bad enough to be deported, but it is much, much worse to be arrested and then deported!

No distractions. Make sure you do not bring any distractions with you to immigration court. You should leave your cell phone in your car or at the very least keep it on silent. However, even if you do bring something like a cell phone or video game toy with you, you should not use it in court. The judge might think you are being disrespectful. You also should not bring small children with you to court. Although you might think that the judge will have sympathy for you if he/she sees you with little kids, you still should not bring them. Small children do not like sitting quietly for long periods of time and might disrupt the court. Also, it might not be good for your kids to see you in court. Perhaps this is not the kind of thing you really want to be showing them.

Finally, you should make sure to hire the best immigration attorney you can find. Even if you are on time, dressed nicely, respectful, and don’t bring any distractions to court, you are not guaranteed to succeed. Immigration law is complicated and complex and only an immigration attorney will know best what you need to do to win your case. So give the Gambacorta Law Office a call now to discuss your upcoming immigration court date!

If you plan to come to the United States as a student, or if you are already in the US on an F-1 student visa, you should contact our office before you think about getting a job. Immigrants in the US on student visas are usually not allowed to work. However, this does not just include working for pay – even working for free (volunteering) is sometimes prohibited.

The US government has decided that foreign students should not work because they may take a job away from an American citizen who needs it. This means that even if you want to do volunteer work, you have to ask yourself if you will be taking a job away from a US citizen or permanent resident. Even if you are working for free, you could still be doing a job that someone else would do for pay. If this is the case, then you are not allowed to do that kind of work, even as a volunteer.

For example, if you are good with computers and want to volunteer with a charity or a church to help them maintain their website or email, then that is ok. However, if you want to do this for a company that normally pays its employees, then this would not be allowed. You must be very careful what you do and how.

You are allowed to start your own business while you are a student in the US, but you have to do it in a certain way. You cannot work for the business, even if you are the one who started it! The most you can do is to be on the board of directors, which is a position where you just give advice and direction. You will not be able to have a position as an officer, since officers usually help manage the company and give real instructions and do real work. This is considered having a job. Still, it does not matter what kind of position you have in the business: you can never actively run the company, work for, or draw a salary!

Investing in a business is easier. It is just like investing in the stock market and it is permitted. You can even receive dividends from the company! This is not the same as drawing a salary and therefore is permitted.

You are allowed to work on an F-1 student visa in the US if you meet certain qualifications. You will need to convince your college or university to sponsor you. Still, you will not be allowed to work too many hours per week – you cannot get a full-time job. You might be given permission to work on-campus. If you have serious financial hardship, you might be allowed to work off-campus. You could also try to get your university to sponsor you for a program known as curricular practical training (CPT) or optional practical training (OPT). Under these programs, your work experience is considered part of your education and you will even be allowed to draw a salary from it.

With all this in mind, you should have a good idea of what kind of work you can do and cannot do while in the US on a student visa. Nevertheless, you should still contact our office for advice before you try to take any job or volunteer work that might affect your F-1 student visa.

As an immigrant, you might be afraid of the police and not know how to respond if they stop you, question you, search you, or even arrest you. The number one rule in any situation is to call us as soon as you can! We will be able to advise you on what you should do in your specific situation and can tell you how your situation could affect your immigration status. In the United States, immigrants have rights. Now you will know what some of those rights are.

First, when a police offer questions you, remember that you do not have to answer them! The only things you must answer are to tell the officer your name and (if you were driving) to hand the officer your driver’s license, car registration, and proof of insurance. Even if you are arrested or the police officer takes you to jail, you still do not have to answer any questions. You can always ask to speak with your attorney. This is when you should call us. Remember that even if the police hand you a subpoena, which is a court document requiring you to come to court and answer some questions, you still have the right to talk to an attorney. No matter what, just make sure you do not lie to the police. Lying to the police is a crime, but staying silent and asking to speak to your attorney first is not a crime!

If a police officer stops you on the street, you do not have to talk to them. You can simply tell them you do not want to talk to them and walk away calmly. However, if the police officer tells you that you cannot leave, then do not leave. Even if you are not being arrested, the officer is still detaining you. You still do not have to talk to them except to tell them your name. If you are stopped in your car, you should keep your hands where the officer can see them and you should give them your license, registration, and insurance. The officer can ask you to step out of the car and can separate you from anybody else in the car. However, you still do not have to answer questions.

If the police want to search you on the street, they are allowed to pat you down. They cannot search you thoroughly unless you give them permission. You should tell them you do not want them to search you more, but do not fight with them if they continue. In your car, it is very similar. Unless the police have a very good reason to, they are not allowed to search your car without your permission. If the police come to your house, they need either permission from someone who lives there or a court document called a warrant in order to search. Make sure the officer is presenting a search warrant or an arrest warrant because some warrants are only for deportation or removal and those do not allow the police to search your house. Check the warrant carefully and if there is anything on it that is incorrect, you should tell them so and tell them you do not want to allow the search.

If you are arrested, you still do not have to talk to the police and you have the right to talk to an attorney. If you cannot afford a criminal attorney, the court will have to appoint an attorney for you. However, to make sure you know how this court case will affect your immigration case, you should call our office. We will be able to work with your criminal attorney to make sure that you get the very best outcome in your case.

Now that you know your rights, you will not need to be afraid of the police anymore. Even if you are an immigrant, you still do not have to talk to the police and you still have the right to speak with an attorney. If you ever have any problem with the police, call our office right away to make sure that this will not cause any immigration problems for you!