Do i need id theft shelter?

Posted by Criminal Defense Lawyer Monday, November 30, 2009 0 comments

id theft protection as nearly everybody knows is now amongst the primary and necessary things you need for survival in this computer age. Thus, it is no longer and issue nor a question if you must have this shape of protection. You ought to consequently not think that this shape of protection is exclusively for those who often do business in the net of those having to employ the computer either online of offline. You ought to at all times dont forget that everybody or anyone for that matter is unquestionably a possible dupe and victim to identity theft that is the reason why it is beautiful primary and necessary to have this shape of protection.

even if you are the sort of individual who doesn’t must do any forms of online dealings, you hushed and still must have id theft protection. Yes, id theft protection in its real sense. This means having to defend all your impertinent and personal data away from fraudulent humans who may be trying to lure you into something enticing yet fake.

how then should you have id theft protection would unquestionably be your next question. Well, if you are just an usual individual who does things the normal way, then no need for you to hire companies providing much technological and roundabout and perplexed ways for id theft protection. Being extra moderate and cautious and keeping your impertinent and personal data as impertinent and personal as they may, would more then suffice.

on the other hand, if you are the sort of individual who could not seem to do away with online dealings like banking and shopping then you certainly must have a much technological and genuinely able and efficient type of id theft protection. You certainly must have professional counsel and assistance on this matter. Those that will certainly provide you with the most able and efficient yet inexpensive way of having to defend yourself from identity theft.

due to the fact that identity theft is without doubt on the rise exceptionally in the united states and a lot of elements of europe, it is genuinely a must to defend yourself from this innovative crime. Having the help of professional experts on this matter will unquestionably help a lot. Just assure though that you do not must spend all your fame and fortune for it. It is consequently recommended that you have the most able and efficient and results oriented yet inexpensive id theft protection.


©2009 vpl. All Rights Reserved.

| edit post

Uscis makes h-1b visa web site visits a routine protocol

Posted by Criminal Defense Lawyer Sunday, November 22, 2009 0 comments

for the past few months, the u. S. Division of homeland security, citizenship and immigration services (”cis”) has conducted an investigation program targeted at visiting h-1b petitioner worksites all around the u. S. These web site visits started out as percentage of the cis’ goal to decrease the number of h-1b violations and instances of fraud reported by the h-1b benefit fraud & compliance assessment from cis’ office of fraud detection and national security (”fdns”), published this past september. As stated by the fdns’ determinations, as a good deal of as one in five h-1b apps were affected by either fraud or “technical violations” of the h-1b program.

why will have to employers care? Any employer who sponsored a foreign national worker for an h-1b visa can be subject to an unannounced web site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the h-1b petition, consultation the person who represented the organisation in connection with the h-1b as well as the h-1b employee or other laborers currently on web site. Any inconsistencies found can mean big disturb for employers.

fdns has expressed that it doesn’t does unquestionably require a subpoena in order to complete the web site visit because uscis regulations governing the filing of immigration petitions allow the government to take testimony and conduct wide investigations relating to the petitions. Nevertheless other roots say that employers aren’t anticipated to give in to the investigators’ demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. Cis has expressed that attorneys can be present during an inspection, but the investigator is not likely going to come back another day whether or not the attorney is not available on the day of the unscheduled visit. Attorneys can be present by way of telephone in these circumstances.

some mutual questions that have been raised by employers include: “how are companies selected to be investigated,” “if i am visited, will have to i be concerned,” “what type of violations are the investigators on the lookout for,” and “how can i prepare for a web site visit from a cis/fdns investigator? ” to address these issues in order, first and foremost any employer who has filed an h-1b petition can be subject to a web site visit. While cis claims the employers are selected at random, close to 40,000 employers’ names have been selected for web site visits. A good deal of factors that can have been taken into thoughtfulness when selecting these 40,000 employers include: companies with fewer than 15 laborers; companies with fewer than $10 million in sales; companies fewer than 10 years old; accounting, hr, business analyst, sales and advertisement positions; and petitions where the beneficiary plainly had a bachelor’s degree, not an innovative degree.

if your company is visited and your records are in order, you have not one thing to have a feeling of worry or showing solicitude with regards to. In general speaking employers are conscious of inconsistencies before any investigative agency can catch wind of it. That being said, whether or not the investigators uncover any inconsistencies or instances of fraud, the case can be denoted to u. S. Immigration and customs enforcement (ice), or the division of labor (dol) for further investigation depending on the offense. This could mean there will be monetary, and whether or not egregious offenses, possible criminal penalties for the employer.

the objective of the unannounced on-web site visits is clear: to detect fraud and abuses of the visa program. As stated by uscis, the offenses range from technical violations to outright fraud, with the most mutual violation being the non- payment of a prevailing wage to the h-1b beneficiary. More typically, the investigators can be on the lookout for the following types of violations: occupation location not listed on the h-1b petition and/or lca; h-1b worker not receiving the required wage; fraudulent h-1b documents or h-1b worker credentials; non-existent business or office location; occupation duties importantly different from those listed on h-1b petition/lca; misrepresentation of h-1b status by the h-1b worker (e. G. , had been terminated from previous h-1b position prior to new employer h-1b being filed); and h-1b worker salaried the $1500 acwia fee.

how can you prepare yourself and your company for a possible web site visit? Step one is to ascertain that you have public access files (paf) for each h-1b worker, and that the paf documents are exact and up to date. In general, it’s a great thought to review and audit your h-1b/lca records to ascertain everything is in order and all info is readily available. Designate a specific person at each h-1b worker location to meet the investigator will have to he/she arrive. Prepare a quick list of facts with regards to the organisation and similarly a listing of h-1b laborers, work locatings, title and salary info so you don’t require to search frantically for this info while the investigator is there. Whether or not you are not certain what a paf is, or whether or not you’d like to have your documents reviewed by legal counsel, you can contact our office at the number or e-mail below.

| edit post

USCIS Makes H-1B Visa Site Visits a Routine Protocol

Posted by Criminal Defense Lawyer Saturday, November 21, 2009 0 comments

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services (”CIS”) has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS’ goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS’ Office of Fraud Detection and National Security (”FDNS”), published this past September. According to the FDNS’ findings, as many as one in five H-1B applications were affected by either fraud or “technical violations” of the H-1B program.

Why should employers care? Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee or other employees presently on site. Any inconsistencies found can mean big trouble for employers.

FDNS has indicated that it does not need a subpoena in order to complete the site visit because USCIS regulations governing the filing of immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. However other sources say that employers are not required to give in to the investigators’ demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. CIS has indicated that attorneys can be present during an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit. Attorneys may be present via telephone in these circumstances.

Some common questions that have been raised by employers include: “how are companies selected to be investigated,” “if I am visited, should I be concerned,” “what type of violations are the investigators looking for,” and “how can I prepare for a site visit from a CIS/FDNS investigator?” To address these issues in order, firstly any employer who has filed an H-1B petition can be subject to a site visit. While CIS claims the employers are chosen at random, close to 40,000 employers’ names have been selected for site visits. Some factors that may have been taken into consideration when selecting these 40,000 employers include: companies with less than 15 employees; companies with less than $10 million in sales; companies less than 10 years old; accounting, HR, business analyst, sales and advertising positions; and petitions where the beneficiary merely had a bachelor’s degree, not an advanced degree.

If your company is visited and your records are in order, you have nothing to worry about. Generally speaking employers are aware of inconsistencies before any investigative agency may catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case may be referred to U.S. Immigration and Customs Enforcement (ICE), or the Department of Labor (DOL) for further investigation depending on the offense. This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.

The objective of the unannounced on-site visits is clear: to detect fraud and abuses of the visa program. According to USCIS, the offenses range from technical violations to outright fraud, with the most common violation being the non- payment of a prevailing wage to the H-1B beneficiary. More specifically, the investigators may be looking for the following types of violations: job location not listed on the H-1B petition and/or LCA; H-1B worker not receiving the required wage; fraudulent H-1B documents or H-1B worker credentials; non-existent business or office location; job duties significantly different from those listed on H-1B petition/LCA; misrepresentation of H-1B status by the H-1B worker (e.g., had been terminated from previous H-1B position prior to new employer H-1B being filed); and H-1B worker paid the $1500 ACWIA fee.

How can you prepare yourself and your company for a possible site visit? Step one is to ensure that you have Public Access Files (PAF) for each H-1B worker, and that the PAF documents are accurate and up to date. In general, it is a good idea to review and audit your H-1B/LCA records to make sure everything is in order and all information is readily available. Designate a specific individual at each H-1B worker location to meet the investigator should he/she arrive. Prepare a quick list of facts about the company and also a listing of H-1B workers, work locations, title and salary information so you don’t need to search frantically for this information while the investigator is there. If you are not sure what a PAF is, or if you’d like to have your documents reviewed by legal counsel, you may contact our office at the number or e-mail below.

| edit post

for the past few months, the u. S. Department of homeland security, citizenship and immigration services (”cis”) has conducted an investigation program purposed at visiting h-1b petitioner worksites all-round the u. S. These internet-site visits started out as allocation of the cis’ goal to reduce the number of h-1b violations and instances of fraud reported by the h-1b benefit fraud & compliance assessment from cis’ office of fraud detection and national security (”fdns”), published this past september. As stated by the fdns’ determinations, as a great deal of as one in five h-1b applications were affected by either fraud or “technical violations” of the h-1b program.

why will have to employers care? Any employer who sponsored a foreign national worker for an h-1b visa can be subject to an unannounced internet-site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the h-1b petition, interview the individual who represented the establishment in connection with the h-1b as well as the h-1b employee or other workers currently on internet-site. Any inconsistencies found can mean huge trouble for employers.

fdns has expressed that it does not does unquestionably require a subpoena in order to complete the internet-site visit because uscis regulatings governing the filing of immigration petitions concede the government to take testimony and conduct broad investigations relating to the petitions. Notwithstanding other sources say that employers are not anticipated to give in to the investigators’ demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. Cis has expressed that attorneys can be present for the duration of an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit. Attorneys can be present via telephone in these circumstances.

some mutual questions that have been raised by employers include: “how are companies chosen to be investigated,” “if i am visited, will have to i be concerned,” “what type of violations are the investigators on the lookout for,” and “how can i prepare for a internet-site visit from a cis/fdns investigator? ” to address these issues in order, first of all any employer who has filed an h-1b petition can be subject to a internet-site visit. While cis claims the employers are chosen at random, close to 40,000 employers’ names have been chosen for internet-site visits. A great deal of elements that can have been taken into considerateness when selecting these 40,000 employers include: companies with fewer than 15 workers; companies with fewer than $10 million in sales; companies fewer than 10 years old; accounting, hr, business analyst, sales and advertizing positions; and petitions where the beneficiary simply had a bachelor’s degree, not an advanced degree.

if your company is visited and your records are in order, you have nothing to worry with regards to. Generally speaking employers are aware of inconsistencies before any investigative agency can catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case can be denoted to u. S. Immigration and customs enforcement (ice), or the department of labor (dol) for farther investigation contingent upon the offense. This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.

the objective of the unannounced on-internet-site visits is clear: to observe fraud and abuses of the visa program. As stated by uscis, the offenses range from technical violations to straight-out fraud, with the most mutual violation being the non- payment of a prevailing wage to the h-1b beneficiary. More quintessentially, the investigators can be on the lookout for the next types of violations: job emplacement not listed on the h-1b petition and/or lca; h-1b worker not receiving the required wage; fraudulent h-1b documents or h-1b worker credentials; non-existing business or office emplacement; job duties significantly not similar to those listed on h-1b petition/lca; misrepresentation of h-1b status by the h-1b worker (e. G. , had been terminated from previous h-1b position prior to new employer h-1b being filed); and h-1b worker salaried the $1500 acwia fee.

how can you prepare yourself and your company for a possible internet-site visit? Step one is to see to it that you have public access files (paf) for every h-1b worker, and that the paf documents are precise and up to date. Generally, it is a good idea to review and audit your h-1b/lca records to see to it everything is in order and all data is readily available. Designate a particular individual at every h-1b worker emplacement to meet the investigator will have to he/she arrive. Prepare a quick list of facts with regards to the establishment and likewise a listing of h-1b workers, work locations, title and salary data so you don’t require to search frantically for this data while the investigator is there. If you are not certain what a paf is, or if you’d like to have your documents reviewed by legal advice, you can contact our office at the number or e-mail under.

| edit post

for the past few months, the u. S. Department of homeland security, citizenship and immigration services (”cis”) has conducted an investigation program purposed at visiting h-1b petitioner worksites all around the u. S. These web site visits begun as portion of the cis’ goal to decrement the number of h-1b violations and instances of fraud reported by the h-1b gain fraud & compliance assessment from cis’ office of fraud detection and national security (”fdns”), published this past september. As stated by the fdns’ findings, as a lot of as one in five h-1b applications were affected by either fraud or “technical violations” of the h-1b program.

why ought to employers care? Any employer who sponsored a foreign national worker for an h-1b visa may be subject to an unannounced web site visit. What this means is that an investigator may randomly show up at a worksite and demand to see a copy of the h-1b petition, interview the individual who represented the organization in connection with the h-1b as well as the h-1b employee or other workers presently on web site. Any inconsistencies found may mean large disturb for employers.

fdns has conveyed that it does not need a subpoena in order to complete the web site visit because uscis regulatings governing the filing of immigration petitions concede the government to take testimony and conduct broad investigations relating to the petitions. Nonetheless other roots say that employers aren’t expected to give in to the investigators’ demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. Cis has conveyed that attorneys may be present during an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit. Attorneys may be present thru telephone in these circumstances.

some mutual questions that have been raised by employers include: “how are companies selected to be investigated,” “if i am visited, ought to i be concerned,” “what type of violations are the investigators on the lookout for,” and “how may i prepare for a web site visit from a cis/fdns investigator? ” to address these issues in order, first and foremost any employer who has filed an h-1b petition may be subject to a web site visit. While cis claims the employers are selected at random, close to 40,000 employers’ names have been selected for web site visits. A lot of elements that may have been taken into considerateness when selecting these 40,000 employers include: companies with less than 15 workers; companies with less than $10 million in sales; companies less than 10 years old; accounting, hr, business analyst, sales and advertising positions; and petitions where the beneficiary simply had a bachelor’s degree, not an progressed degree.

if your company is visited and your records are in order, you have nothing to worry regarding. In general speaking employers are aware of inconsistencies before any investigative agency may catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case may be denoted to u. S. Immigration and customs enforcement (ice), or the department of labor (dol) for further investigation depending on the offense. This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.

the goal to be attained of the unannounced on-web site visits is clear: to notice fraud and abuses of the visa program. As stated by uscis, the offenses range from technological violations to straight-out fraud, with the most mutual violation being the non- payment of a prevailing wage to the h-1b beneficiary. More distinctively, the investigators may be on the lookout for the following types of violations: occupation location not listed on the h-1b petition and/or lca; h-1b worker not receiving the required wage; fraudulent h-1b documents or h-1b worker credentials; non-existent business or office location; occupation duties importantly different from those listed on h-1b petition/lca; misrepresentation of h-1b status by the h-1b worker (e. G. , had been terminated from former h-1b position prior to new employer h-1b being filed); and h-1b worker remunerated the $1500 acwia fee.

how may you prepare yourself and your company for a possible web site visit? Step one is to ensure that you have populace access files (paf) for every h-1b worker, and that the paf documents are accurate and up to date. In general, it is a good idea to review and audit your h-1b/lca records to ensure everything is in order and all data is readily available. Designate a particular individual at every h-1b worker location to meet the investigator ought to he/she arrive. Prepare a quick list of facts regarding the organization and likewise a listing of h-1b workers, work locations, title and salary data so you don’t must search frantically for this data while the investigator is there. If you’re not certain what a paf is, or if you’d like to have your documents reviewed by legal advice, you may contact our office at the number or e-mail under.

| edit post

for the past few months, the u. S. Section of homeland security, citizenship and immigration services (”cis”) has conducted an investigation program purposed at visiting h-1b petitioner worksites all around the u. S. These internet-location visits started out as portion of the cis’ goal to decrease the number of h-1b violations and instances of fraud reported by the h-1b gain fraud & compliance assessment from cis’ office of fraud detection and national security (”fdns”), published this past september. As stated by the fdns’ findings, as many as one in five h-1b apps were affected by either fraud or “technical violations” of the h-1b program.

why should employers care? Any employer who sponsored a alien national worker for an h-1b visa may be subject to an unannounced internet-location visit. What this means is that an investigator may randomly show up at a worksite and demand to see a copy of the h-1b petition, consultation the person who represented the company in connection with the h-1b in addition as the h-1b employee or other laborers presently on internet-location. Any inconsistencies found may mean large disturb for employers.

fdns has indicated that it doesn’t does unquestionably require a subpoena in order to finish the internet-location visit because uscis regulations governing the filing of immigration petitions allow the government to take testimony and behavior wide investigations relating to the petitions. However other roots say that employers are not anticipated to give in to the investigators’ demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. Cis has indicated that attorneys may be present during an inspection, but the investigator is not likely going to return another day whether or not the attorney is not available on the day of the unscheduled visit. Attorneys may be present by way of telephone in these circumstances.

some common questions that have been raised by employers include: “how are companies chosen to be investigated,” “if i am visited, should i be concerned,” “what type of violations are the investigators searching for,” and “how may i prepare for a internet-location visit from a cis/fdns investigator? ” to address these issues in order, firstly any employer who has filed an h-1b petition may be subject to a internet-location visit. While cis claims the employers are chosen at random, close to 40,000 employers’ names have been chosen for internet-location visits. Many constituents that may have been taken into thoughtfulness when selecting these 40,000 employers include: companies with fewer than 15 laborers; companies with fewer than $10 million in sales; companies fewer than 10 years old; accounting, hr, business analyst, sales and advertising positions; and petitions where the beneficiary merely had a bachelor’s degree, not an innovative degree.

if your company is visited and your records are in order, you have not one thing to have a feeling of regarding. Generally speaking employers are conscious of inconsistencies before any investigative agency may catch wind of it. That being said, whether or not the investigators uncover any inconsistencies or instances of fraud, the case may be denoted to u. S. Immigration and customs enforcement (ice), or the section of labor (dol) for further investigation depending on the offense. This could mean there are going to be monetary, and whether or not egregious offenses, possible criminal penalties for the employer.

the goal to be attained of the unannounced on-internet-location visits is clear: to observe fraud and abuses of the visa program. As stated by uscis, the offenses range from technological violations to outright fraud, with the most common violation being the non- payment of a prevailing wage to the h-1b beneficiary. More quintessentially, the investigators may be searching for the following types of violations: occupation emplacement not listed on the h-1b petition and/or lca; h-1b worker not receiving the required wage; fraudulent h-1b documents or h-1b worker credentials; non-existent business or office emplacement; occupation duties significantly different from those listed on h-1b petition/lca; misrepresentation of h-1b status by the h-1b worker (e. G. , had been terminated from previous h-1b position prior to new employer h-1b being filed); and h-1b worker remunerated the $1500 acwia fee.

how may you prepare yourself and your company for a potential internet-location visit? Step one is to ensure that you have public access files (paf) for each h-1b worker, and that the paf documents are accurate and up to date. Generally, it is a good idea to review and audit your h-1b/lca records to ensure everything is in order and all info is readily available. Designate a specific person at each h-1b worker emplacement to meet the investigator should he/she arrive. Prepare a quick list of facts regarding the company and likewise a listing of h-1b laborers, work emplacements, title and salary info so you don’t must search frantically for this info while the investigator is there. Whether or not you’re not certain what a paf is, or whether or not you’d like to have your documents reviewed by legal counsel, you may contact our office at the number or e-mail underneath.

| edit post

where is our current u. S. Immigration scheme today? What’s working? What’s not working? By all accounts, galore distinct features of our scheme are broken and dysfunctional, gravely in need of repair.

by the accounts of galore in the field, our non-immigrant visas (”niv”), those fixed in terms of duration and intent, generally tend to function well and accomplish their intent. Nevertheless, consular exercises in terms of visa issuance and refusals is a discerned discussion and subject to galore heated argues. For the moment, focusing on those who legitimately accept niv’s, these tend to work reasonably well, and any conceivable form of cir wouldn’t spend much focus on this appearance of u. S. Laws.

also, our naturalization procedure, the method for a person of a foreign-born nationality acquiring u. S. Citizenship after birth, by and big appears being working well generally. While there are galore procedural bumps in terms of physical presence in the united states (as a legitimate permanent resident) and potential pitfalls for applicants with criminal backgrounds, this appearance of current regulations will likewise not likely accept much attention by cir.

family-sponsored immigration will certainly be an appearance deserving of galore much-necessitated attention by cir. Our current schemes have resulted in backlogs and quotas, delaying legitimate apps to bring family members together by galore years. Depending on nationality and degree of family relation, cases range in processing times for adjudication from less than one year, to well over 10 years. The fastest type of case generally being cases for legitimate permanent residence (lpr) grounded on marriage to a u. S. Citizen. Traditionally, the slowest cases are those amongst siblings and cases of sponsoring adult married children. Years of adjudications of cases in this arena have brought to light galore unanticipated troubles and issues, particularly in cases of children “aging out”, i. E. Turning 21 years of age, before a green card can be obtained, often times resulting in families being split into pieces, because galore members can obtain lpr, while others don’t.

the humanitarian distinct features of immigrating legally, including asylum from political persecution, and petitions for the gain mistreated spouses and children, tend to work reasonably well, nevertheless the elaborated and delicate nature of proving and adjudicating such cases. Cir is not likely to affect these distinct features.

perhaps the best-known, and arguably most hotly debated appearance of our current scheme relates to employment verification, employment of immigrants and the issues of illegal immigration. This is in big part because of the selective, and often times inflammatory coverage by mainstream u. S. Media.

despite government figures estimate the population of undocumented aliens (those present in the united states without permission, or in violation of law) at regarding 12 million to 15 million, galore other estimates place this ’shadow population’ much higher, at regarding 30 million. While mass-removal of this population is neither practical nor viable, the u. S. Government is grappling with how best to balance the necessities of the u. S. Economy, the necessities for national security and compliance with laws, and the necessities of immigrants and their families. This is likely where cir will most conspicuously come into play. While concepts such like “earned legalization” are being pushed by pro-immigrant groups, anti-immigrant help groups implement rhetoric which terms any sort of legalization campaign into “amnesty”, purportedly giving those who willfully broke u. S. Laws an unfair break or advantage, vis-a-vis u. S. Citizens and those who chose to emigrate legally. This is where our scheme needs the most work.

much lobbying, particularly on part of anti-immigrant groups and associations, has slowed legislative and advocacy attempts in congress. If it wasn’t for this last brought up factor surrounding employment verification and the big undocumented population, the reform regarding the other issues, as laid out above, would have long took place by now.

| edit post

Why immigration reform is needed (share ii)

Posted by Criminal Defense Lawyer Friday, November 20, 2009 0 comments

where is our current u. S. Immigration scheme today? What’s working? What’s not working? By all accounts, numerous aspects of our scheme are broken and dysfunctional, severely in need of fix.

by the accounts of numerous in the field, our non-immigrant visas (”niv”), those limited in terms of duration and intention, in general tend to function well and accomplish their intention. Notwithstanding, consular exercises in terms of visa issuance and refusals is a distinguished discussion and subject to numerous heated argues. For the moment, focusing on those who legitimately receive niv’s, these tend to work fairly well, and any imaginable form of cir will not spend much focus on this appearance of u. S. Laws.

also, our naturalization procedure, the method for someone of a alien-born nationality acquiring u. S. Citizenship after birth, by and large appears to be working well in general. While there are numerous procedural bumps in terms of physical presence in the united states (as a rightful permanent resident) and prospective pitfalls for applicants with criminal backgrounds, this appearance of current regulations will likewise not likely receive much attention by cir.

family-sponsored immigration will surely be an appearance deserving of numerous much-needed attention by cir. Our current strategies have resulted in backlogs and quotas, delaying rightful apps to bring family members together by numerous years. Depending on nationality and degree of family relation, cases range in processing times for adjudication from less than one year, to well over 10 years. The most immediate type of case in general being cases for rightful permanent residence (lpr) grounded on marriage to a u. S. Citizen. Traditionally, the slowest cases are those between siblings and cases of sponsoring adult married children. Years of adjudications of cases in this arena have brought to light numerous unanticipated problems and issues, specially in cases of children “aging out”, i. E. Turning 21 years of age, before a green card may be obtained, oftentimes resulting in families being split into pieces, because numerous members may incur lpr, while others don’t.

the humanitarian aspects of immigrating legally, including asylum from political persecution, and petitions for the gain abused spouses and children, tend to work fairly well, notwithstanding the perplexed and delicate nature of proving and adjudicating such cases. Cir is not likely to affect these aspects.

perhaps the most proficient-known, and arguably most hotly debated appearance of our current scheme relates to employment verification, employment of immigrants and the issues of illegal immigration. This is in large allocation due to the selective, and oftentimes inflammatory coverage by mainstream u. S. Media.

despite government figures estimate the population of undocumented aliens (those present in the united states without permission, or in violation of law) at in regards to 12 million to 15 million, numerous other estimates place this ’shadow population’ much higher, at in regards to 30 million. While mass-removal of this population is neither pragmatic nor viable, the u. S. Government is grappling with how best to balance the necessities of the u. S. Economy, the necessities for national security and compliance with laws, and the necessities of immigrants and their families. This is likely where cir will most prominently come into play. While concepts such like “earned legalization” are being pushed by pro-immigrant groups, anti-immigrant help groups utilise rhetoric which terms any sort of legalization campaign into “amnesty”, purportedly giving those who willfully broke u. S. Laws an unfair break or advantage, vis-a-vis u. S. Citizens and those who chose to immigrate legally. This is where our scheme needs the most work.

much lobbying, specially on allocation of anti-immigrant groups and associations, has slowed legislative and advocacy efforts in congress. Whether or not it wasn’t for this last cited factor surrounding employment verification and the large undocumented population, the reform in regards to the other issues, as laid out above, would have long took place by now.

| edit post

Why immigration reform is needed (portion ii)

Posted by Criminal Defense Lawyer 0 comments

where is our current u. S. Immigration strategy today? What’s working? What’s not working? By all accounts, galore distinct elements of our strategy are broken and dysfunctional, seriously in need of mend.

by the accounts of galore in the field, our non-immigrant visas (”niv”), those limited in terms of duration and aim, in general tend to function well and accomplish their aim. However, consular exercises in terms of visa issuance and refusals is a discerned discussion and subject to galore heated argues. For the moment, focusing on those who legitimately receive niv’s, these tend to work somewhat well, and any imaginable form of cir will not spend much focus on this aspect of u. S. Laws.

also, our naturalization process, the method for a person of a foreign-born nationality acquiring u. S. Citizenship after birth, by and huge looks to be working well in general. While there are galore procedural bumps in terms of physical presence in the united states (as a lawful permanent resident) and prospective pitfalls for applicants with criminal backgrounds, this aspect of current regulatings will similarly not likely receive much attention by cir.

family-sponsored immigration will surely be an aspect deserving of galore much-necessitated attention by cir. Our current schemes have resulted in backlogs and quotas, delaying lawful applications to bring family members together by galore years. Dependent upon nationality and degree of family relation, cases range in processing times for adjudication from less than one year, to well over 10 years. The quickest type of case in general being cases for lawful permanent residence (lpr) based on marriage to a u. S. Citizen. Traditionally, the slowest cases are those amid siblings and cases of sponsoring adult married children. Years of adjudications of cases in this arena have brought to light galore unanticipated difficultnesses and issues, exceptionally in cases of children “aging out”, i. E. Turning 21 years of age, before a green card can be obtained, ofttimes resulting in families being split into pieces, because galore members can incur lpr, while others don’t.

the humanitarian distinct elements of immigrating legally, including asylum from political persecution, and petitions for the benefit abused spouses and children, tend to work somewhat well, however the complicated and delicate nature of proving and adjudicating such cases. Cir is not likely to impact these distinct elements.

perhaps the most proficient-known, and arguably most hotly debated aspect of our current strategy relates to employment validation, employment of immigrants and the issues of illegal immigration. This is in huge portion because of the selective, and ofttimes inflammatory coverage by mainstream u. S. Media.

despite government figures estimate the population of undocumented aliens (those present in the united states without permission, or in violation of law) at in regards to 12 million to 15 million, galore other estimates place this ’shadow population’ much higher, at in regards to 30 million. While mass-remotion of this population is neither pragmatic nor viable, the u. S. Government is grappling with how best to remainder the necessities of the u. S. Economy, the necessities for national security and compliance with laws, and the necessities of immigrants and their families. This is likely where cir will most prominently come into play. While conceptions such like “earned legalization” are being pushed by pro-immigrant groups, anti-immigrant help groups apply rhetoric which terms any sort of legalization venture into “amnesty”, purportedly giving those who willfully broke u. S. Laws an unfair break or vantage, vis-a-vis u. S. Citizens and those who chose to emigrate legally. This is where our strategy needs the most work.

much lobbying, exceptionally on portion of anti-immigrant groups and associations, has slowed legislative and advocacy efforts in congress. If it wasn’t for this last mentioned element surrounding employment validation and the huge undocumented population, the reform in regards to the other issues, as laid out above, would have long took place by now.

| edit post

assuming that the undocumented, “illegal” immigrant population of millions can’t be physically removed from the united states, the following best thing the nation as a whole can and will have to do, is figure out in which way to turn this shadow population, into a generative, legal, law-abiding, tax-paying population, who will contribute to our society in a legal and meaningful way, mutually for safe legal status in this country.

essentially this would quantity to a win-win for both the immigrants and for the united states. Any viable legalization crusade will have to make each undocumented alien satisfy a series of requirements to “earn” their newly legalized status. Such requirements will have to include: 1) proof of residence, 2) proof of stable employment, 3) registration as a tax payer, 4) proof of good character and absence or unavailability of criminal history, 5) proof of adequate financial resources for purpose of getting a public charge. There can also be other requirements to fullfill, possibly relating to proof of health insurance, proof of having placed children in school, etc.

in return for being able to demonstrate compliance on these issues, the united states will register undocumented immigrants, require the collection of firstborn biographical info, require the payment of fees and penalties, and issue valid legal immigration status, which will provide legal stay and employment in the u. S. , much like a work visa.

while the specifics of this earned legalization are not yet known, it will probably take the character of a time-limited non-immigrant visa which authorizes employment and extends to the applicant’s immediate dependent family. What it will likely not be is a a form of permanent residence (”green card”) or even citizenship. Whether or how the legalized immigrant below these new provisions can seek permanent residence and/or u. S. Citizenship, remains to be seen.

there is a general consensus amidst a lot of experts in the field, that given a viable choice to come out of the woodwork and seek legal status, — and discontinue the illegal stay and life in the shadows, — most immigrants out and away will chose to do so, if the fear of prosecution and remotion (deportation) can be removed. Even the payment of stiff penalties and filing fees would not be an adequate deterrent.

virtually all undocumented immigrants, irrespective of how they fell into this group, are in the united states by their choice and free will (for the most part with the exception of minor children, who accompanied parents or relatives to the united states).

regardless of how cir will pan out, the u. S. Government agencies who in one way or another deal with immigration, have their work more than cut out for them. (dhs, cbp, uscis, dos, ssa, irs, dol, doj, et al. ) once cir becomes realness and is signed into law, there will doubtless be an enormous onslaught of apps by millions of undocumented aliens, in addition as by other aliens and u. S. Citizens, who will want to take vantage of new measures, for their workers, family members, spouses, etc.

it are going to be necessary to be well-prepared and ready. Saving for government filing fees, saving for possible legal fees when the help of an immigration lawyer is sought, collecting and organizing of documents, and collecting of supporting documents and info for the completion of government forms, all of these are going to be necessary and time-consuming, and the lines will likely grow very long, very fast.

applicants, who will want to file any kind of application or petition, if to be share of cir, will have to seek the advice and assistance of qualified, u. S. -licensed attorneys who are qualified to render advice on u. S. Immigration laws and regulations, and are preferrably a member in good standing of the american immigration lawyers association (aila).

| edit post

many global students studying in australia dream of one day becoming permanent residents and staying on in australia for good. The most common pathway for students is to utilize for usual skilled migration on completion of their studies.

whilst there is a lot of selective information on immigration on the world wide web, at times it’s difficult to work out in exercise what your prospects are and what you need to do next.

you could ask a friend who has used before, but the rules adjust so rapidly that this may be dangerous. As the processing time for usual skilled migration gets longer, prospects are you won’t determine that you’ve made an error in your application for a year or more after lodgement.

this guide is intended to provide an easy to follow outline of the main things global students need to be conscious of in applying for usual skilled migration.

we get started with the top 10 tips for global students thinking of applying for usual skilled migration:

1. Graduate skilled visa: the 18-month grad skilled visa (subclass 485 and similarly normally called “tr”) is a useful way of helping you get sufficient points to utilize for your permanent residence.

2. Critical skills list (csl): whether or not you are thinking in regards to choosing a course, think in regards to doing a course which would grant you to pass skills assessment in a csl occupation

3. Watch out for exemptions: whether or not you have exemptions or academic credits for overseas studies, these may impact whether you have sufficient study to utilize. Keep away from academic credits whether or not at all possible

4. Work experience: work experience may give you extra points – notwithstanding, it has to meet certain necessaries in terms of skill level, salary remunerated, hours per week etc. The department of immigration looks very conservatively at work experience claimed by global students, so your employer may suppose a call or internet-site visit for verification

5. Further study: whether or not you are completing a bachelor degree in australia, you may get 10 extra points whether or not you do an honours year or masters

6. Professional year: professional years are available for it, accounting and engineering science. Apart from extra points, your application may be processed rapidly and without delay whether or not you complete a professional year.

7. State nomination: states publish lists of occupations in demand and for which they’ll look at nominating humans for temporary or permanent skilled visas. These days it’s difficult to get a state nomination, but whether or not you do have one, it is meaning that you don’t need as a lot of points to qualify for migration and your application is processed at the most eminent level of priority.

8. English testing: most students will need to do the ielts test of english language ability (ielts. Org). Unless you get at least 6 in all 4 components of the ielts, it will be very difficult to utilize even for the skilled grad visa. You need to think in front as you may need to wait 3-4 months for a test date – the test is valid for 2 years so you may do it well before you are ready to utilize.

9. Bridging visas: whether or not you lodge an onshore application you will receive a bridging a visa which gives full work rights in australia. Notwithstanding, the bridging a visa ceases whether or not you leave australia. Whether or not you want to travel, you’ll need a bridging b visa – this costs $90 and you will need to show proof of the ground you need to travel.

10. Keep up to date: the rules adjust constantly, and the department of immigration is currently watching reorganizing the complete usual skilled program.

| edit post

In the UK, it is illegal to hire foreigners with no right to work there or to handle them incorrectly once they arrive. According to section 8 of the Asylum and Immigration Act of 1996, it is a criminal offense to give employment to someone who is 16 or over and is subject to immigration control, unless he or she is entitled to work in the UK. Fines for this type of crime can cost up to £5,000 per convicted offense.

Employers can defend themselves from the charges if they do a search of the person’s eligibility to work before actually hiring the individual in question. For this, the employer is required to get a copy of some of the person’s documents. The defense will be valid if it can’t be proved that the employer knew the person was not authorized to work in the United Kingdom when they hired him or her.

The searches can be easily included in the recruiting process; however, employers have to be very careful, because these checks may break the Race Relations Act of 1976 if they are used in a way that discriminates by racial motives.

The race legislation was introduced to protect people against discrimination. This law considers racial discrimination as discrimination by color, race, nationality, or ethnic or national origins. Discrimination can happen in two ways:

- Directly, where the employer treats the employee differently, in a negative way, due to race.

- Indirectly, where the employer asks employees to comply with what seems a neutral race stipulation, criterion, or practice that is really more difficult for individuals of certain races.

In terms of immigration, discrimination happens during recruiting. An employer may reject someone who looks different or speaks with an accent for fear of committing a crime. The UK law authorizes the request of documents that prove that a person has the right to work in the country, however, it is against the law to ask for these documents only from applicants the employer thinks could be foreign.

In 2001, the Government issued a Code of Practice for employers on the evasion of race discrimination during recruitment while, at the same time looking to minimize illegal workers. This code’s recommendations in regards to racial discrimination are:

- The employer must establish clear written recruitment and selection procedures based on equal and fair treatment for every person, and inform all the personnel about these.

- The employer should not make assumptions about a person’s condition based on color, race, nationality, ethnic origin, or the time he or she has been in the United Kingdom.

- The employer has to treat everyone in the same manner at each stage throughout the recruitment process. It should ask all the applicants for the same documents.

- The employer must never assume that the inability to present the documents requested means the person is an illegal worker. The applicant has to be directed towards the Citizen’s Advice Bureau to find help.

- The employer should control the results from recruiting and selection based on the ethnicity of the applicants.

The best way to comply with immigration UK law as well as with the Race Act is to make it a regular practice to ask for the appropriate documentation from all candidates, no matter their nationality, color, or accent.

| edit post

Canada Immigration â An Alternative Path For the Recent Graduate

Posted by Criminal Defense Lawyer Thursday, November 19, 2009 0 comments

With its active immigration policies, Canada welcomes thousands of new residents and temporary workers each year. For those interested in moving to Canada, there are various options available, whether you are contemplating making a permanent move or looking to base yourself temporarily in one of Canada’s fine provinces. With a reputation of having proactive and innovative promotion of its immigration policies, Canada remains an extremely popular destination for the relocation of individuals and families alike, providing for various entry alternatives including skilled workers, entrepreneurs and investors. However, students and recent graduates should be aware that Canada also actively seeks those who have recently graduated with high awards; an initiative termed the International Graduate Visa program.

The International Graduates visa, in its inception, was conceived as an effort to reduce the current and future education and skill shortages by providing an enticing option for foreign students with offers of jobs from Canadian employers. This program allows international graduates a secure and more rapidly progressing path to obtain their visa requirements for both temporary and permanent residency status. The program gives priority to those graduates who can demonstrate their ability to contribute to the Canadian economy for permanent residency, which is another attractive feature of the initiative. The skills required vary depending on the provinces involved and the specific skill gaps that they require to be addressed.

The program is available in the following provinces, presented in alphabetical order: Alberta, British Columbia, Manitoba, Newfoundland and Labrador, Nova Scotia, Ontario, and Saskatchewan. The specific requirements should be discussed with a professional immigration consultant who has much experience in Canadian Immigration procedures and applications to ensure that your submission for acceptance to the program progresses seamlessly.

The basic criteria for all provinces include the requirement of completing a post-secondary qualification, being obtained from an educational institute within the region, along with an offer of employment that relates to their field of expertise. Variations between the provinces for acceptance within the program include the necessity to have been employed with the same employer offering the full time position for a period of between 3-6 months before the application is filed. Additionally, some of the provinces will only accept qualifications from institutions that they have deemed eligible, while some place specific restrictions of the specialities and the grades one must have attained.

With the continual expansion of the Canadian economy, the opportunities for international graduates to apply for permanent residency following an offer of permanent employment will expand. The growing skill gap that is required to be filled will be done so by suitably skilled and qualified international workers, with a growing proportion coming from the International Graduates Visa program. Be sure to visit your specialist Canadian immigration consultant to ensure that you access all the information required for a successful application.

| edit post

Why Immigration Reform is Needed (Part III)

Posted by Criminal Defense Lawyer 1 comments

Assuming that the undocumented, “illegal” immigrant population of millions cannot be physically removed from the United States, the next best thing the nation as a whole can and must do, is figure out how to turn this shadow population, into a productive, legal, law-abiding, tax-paying population, who will contribute to our society in a legal and meaningful way, in exchange for safe legal status in this country.

Essentially this would amount to a win-win for both the immigrants and for the United States. Any viable legalization effort will have to make each undocumented alien satisfy a series of requirements to “earn” their newly legalized status. Such requirements must include: 1) proof of residence, 2) proof of stable employment, 3) registration as a tax payer, 4) proof of good character and lack of criminal history, 5) proof of adequate financial resources for purpose of becoming a public charge. There may also be other requirements to fullfill, possibly relating to proof of health insurance, proof of having placed children in school, etc.

In return for being able to demonstrate compliance on these issues, the United States will register undocumented immigrants, require the collection of basic biographical data, require the payment of fees and penalties, and issue valid legal immigration status, which will provide legal stay and employment in the U.S., much like a work visa.

While the specifics of this earned legalization are not yet known, it will most likely take the character of a time-limited non-immigrant visa which authorizes employment and extends to the Applicant’s immediate dependent family. What it will likely NOT be is a a form of permanent residence (”Green Card”) or even citizenship. Whether or how the legalized immigrant under these new provisions can seek permanent residence and/or U.S. citizenship, remains to be seen.

There is a general consensus among many experts in the field, that given a viable choice to come out of the woodwork and seek legal status, — and discontinue the illegal stay and life in the shadows, — most immigrants by far will chose to do so, if the fear of prosecution and removal (deportation) can be removed. Even the payment of stiff penalties and filing fees would not be an adequate deterrent.

Virtually all undocumented immigrants, regardless of how they fell into this group, are in the United States by their choice and free will (mostly with the exception of minor children, who accompanied parents or relatives to the United States).

Regardless of how CIR will pan out, the U.S. government agencies who in one way or another deal with immigration, have their work more than cut out for them. (DHS, CBP, USCIS, DOS, SSA, IRS, DOL, DOJ, et al.) Once CIR becomes reality and is signed into law, there will doubtless be an enormous onslaught of applications by millions of undocumented aliens, as well as by other aliens and U.S. citizens, who will want to take advantage of new measures, for their employees, family members, spouses, etc.

It will be essential to be well-prepared and ready. Saving for government filing fees, saving for possible legal fees when the help of an immigration lawyer is sought, collecting and organizing of documents, and gathering of supporting documents and information for the completion of government forms, all of these will be essential and time-consuming, and the lines will likely grow very long, very fast.

Applicants, who will want to file any kind of application or petition, whether or not to be part of CIR, should seek the advice and assistance of qualified, U.S.-licensed attorneys who are qualified to render advice on U.S. Immigration laws and regulations, and are preferrably a member in good standing of the American Immigration Lawyers Association (AILA).

| edit post

Why Immigration Reform is Needed (Part II)

Posted by Criminal Defense Lawyer 0 comments

Where is our current U.S. immigration system today? What’s working? What’s not working? By all accounts, many aspects of our system are broken and dysfunctional, badly in need of repair.

By the accounts of many in the field, our Non-Immigrant visas (”NIV”), those limited in terms of duration and purpose, generally tend to function well and accomplish their purpose. However, Consular practices in terms of visa issuance and refusals is a separate discussion and subject to many heated debates. For the moment, focusing on those who legitimately receive NIV’s, these tend to work reasonably well, and any conceivable form of CIR will not spend much focus on this aspect of U.S. laws.

Also, our Naturalization process, the method for someone of a foreign-born nationality acquiring U.S. citizenship after birth, by and large seems to be working well in general. While there are some procedural bumps in terms of physical presence in the United States (as a Lawful Permanent Resident) and potential pitfalls for applicants with criminal backgrounds, this aspect of current regulations will also not likely receive much attention by CIR.

Family-sponsored immigration will certainly be an aspect deserving of some much-needed attention by CIR. Our current systems have resulted in backlogs and quotas, delaying legitimate applications to bring family members together by many years. Depending on nationality and degree of family relation, cases range in processing times for adjudication from less than one year, to well over 10 years. The fastest type of case generally being cases for Lawful Permanent Residence (LPR) based on marriage to a U.S. citizen. Traditionally, the slowest cases are those between siblings and cases of sponsoring adult married children. Years of adjudications of cases in this arena have brought to light many unanticipated problems and issues, particularly in cases of children “aging out”, i.e. turning 21 years of age, before a Green Card can be obtained, often resulting in families being split into pieces, because some members may obtain LPR, while others do not.

The Humanitarian aspects of immigrating legally, including asylum from political persecution, and petitions for the benefit abused spouses and children, tend to work reasonably well, notwithstanding the complicated and delicate nature of proving and adjudicating such cases. CIR is not likely to affect these aspects.

Perhaps the best-known, and arguably most hotly debated aspect of our current system relates to Employment Verification, employment of immigrants and the issues of illegal immigration. This is in large part due to the selective, and often inflammatory coverage by mainstream U.S. media.

Despite government figures estimate the population of undocumented Aliens (those present in the United States without permission, or in violation of law) at about 12 million to 15 million, many other estimates place this ’shadow population’ much higher, at about 30 million. While mass-removal of this population is neither practical nor viable, the U.S. government is grappling with how best to balance the needs of the U.S. economy, the needs for national security and compliance with laws, and the needs of immigrants and their families. This is likely where CIR will most prominently come into play. While concepts such as “earned legalization” are being pushed by pro-immigrant groups, anti-immigrant support groups employ rhetoric which terms any kind of legalization effort into “amnesty”, purportedly giving those who willfully broke U.S. laws an unfair break or advantage, vis-a-vis U.S. citizens and those who chose to immigrate legally. This is where our system needs the most work.

Much lobbying, particularly on part of anti-immigrant groups and associations, has slowed legislative and advocacy efforts in Congress. If it wasn’t for this last mentioned component surrounding employment verification and the large undocumented population, the Reform regarding the other issues, as laid out above, would have long happened by now.

| edit post

Why Immigration Reform is Needed (Part I)

Posted by Criminal Defense Lawyer 0 comments

The public’s perception of the domestic, U.S. Immigration problem is largely influenced by mainstream media’s representation of what the American public ought to focus on. The media has traditionally always focused on the so-called “illegal immigrants”, which the professional community would prefer to refer to as “undocumented aliens (or immigrants)”.

This group essentially encompasses all non-U.S. citizens who are living in the United States either without legal immigration status, or outside of the legal terms of their previously approved legal immigration status, which includes legal entry with subsequent overstay without departure from the U.S.

While some government and media estimates consider this group to number about 12-15 million, some estimates from various agencies and professional communities peg the estimates, much higher, somewhere around 30 million immigrants.

The media and mainstream public tend to limit our domestic immigration problems to the presence of 12-30 million estimated aliens currently in the United States in violation of U.S. laws, and how to deal with them. And while upcoming comprehensive Immigration Reform (”CIR”) WILL deal with the presence and legality of undocumented aliens in the United States, this is only one of several significant issues the CIR will need to address. 
These other issues include issues such as:

• Limitations on Visa Numbers, mandated by Congress, making it more difficult to secure adequtate skilled workers at the levels needed to meet the changing needs of the U.S. economy and labor 
market. 
• Arbitrary Numerical Limitations, by imposing caps on certain categories and classifications, resulting in extensive backlogs and processing delays measured in Years, rather than months, essentially hindering legal family integration and unification. 
• Employment Enforcement problems, caused by inconsistent, inefficient or inappropriate enforcement efforts on state and federal levels of wage and workplace violations, which negatively impacts workers and businesses alike.

Our nation’s failure to push through a workable, sustainable CIR has instead given way to a range of lopsided, poorly conceived, and badly implemented enforcement only initiatives which are not only doing little to nothing to impede the flow of unauthorized immigrants, but have also been very costly. In a time where government budget are stretched to and beyond their limits, many of these enforcement programs seem hard to justify, when there is ample credible data to show that the United States currently has the largest unauthorized immigrant population in its history.

This article series, while by no means a complete and exhaustive study of every problem within our present immigration system, will address several key areas and issues stemming from legislative failure to implement a meaningful CIR.

| edit post

Immigration & Visa Requirements to Travel to India

Posted by Criminal Defense Lawyer Wednesday, November 18, 2009 1 comments

Immigration check is done for all the passengers, foreigners as well as Indians at the time of arrival and departure. The passport of the passengers are duly stamped on arrival and departure and the passengers must be careful and cross-check the stamp before leaving the counter. Citizens of all countries except Nepal and Bhutan require valid passport, relevant travel documents and visa to enter India. The citizens of Nepal and Bhutan don’t need passport or visa but they have to carry valid documents for identification when proceeding from their countries. All the passengers, foreigners as well as Indians who are entering/exiting India are required to fill the Disembarkation Card and the Embarkation Card on arrival and departure, respectively.

There is no provision of “On Arrival Visa” in India but there is Temporary Landing Permit which allows the foreigners to enter India in case of emergency situations. The Temporary landing Permit facility is not allowed to the nationals of Pakistan, Afghanistan, Bangladesh, Sri Lanka, Iran, Nigeria, Somalia, Ethiopia and Algeria. Transit Visa can be issued to foreigners who have their return journey tickets confirmed within 72 hours.

Restrictions:

Different restrictions are applicable to different kinds of visas. Let’s take a look at the different kinds of Visas:

1. Tourist 
2. Student 
3. Business 
4. Employment 
5. Transit 
6. Missionaries 
7. Journalist 
8. Conference 
9. Research
10. Entry 
11. Collective

Visa Requirements:

The requirements for Visa can vary from country to country. However, the following are the basic documents that are required to obtain Indian visa:

• Original passport valid for at least 6 months
• Visa fee
• Two passport size photographs
• Supporting documents, where necessary
• Duly completed application form

For Persons of Indian Origin (POI) and Non Residents of India (NRI) who obtain Overseas Indian Citizenship (OCI) or PIO Card don’t need Indian Visa. The OCI and PIO card gives them the freedom to visit India at any time without visa.

| edit post

If you have considered getting your green card through investment, otherwise known as the eb5 visa, you have several decisions to make. One of them is whether you will choose to use the eb5 direct route by creating your own business, or if you will opt for a regional center instead. Learning the drawbacks of the direct pathway may help you decide.

Having a successful business is probably your dream. In fact, many people, both immigrants and U.S. citizens, would love to be their own boss. Making more than enough money to survive and saying you did it on your own can be a great aspect that can come from the green card through investment. On the other side of the coin is the possibility of failure, which exists with all businesses.

You might draw up a great business plan, but it could be possible that there is no need for a business like yours in this country. Or perhaps your idea is great, but you did not think it all the way through when writing your plan. If you do get the chance to form the business and it fails, you run the risk of losing your entire investment. Being penniless in another country is often not the best situation, which means you will likely return home, especially if your business never met all of the requirements for the green card through investment. While the experience could make you richer in life lessons, you will certainly be poorer financially.

Additionally, the hiring process might not run as smoothly as you would like. In a perfect world, you could hire your friends, who would make your business a success as well as fun to be at. However, friends and family are not always the best employees, and the people you do hire could turn out to be much less reliable than you thought at first. Though it can be rewarding to be the employer of great workers, it can be disappointing to be the boss of people who do not care about their job.

During the hiring process, you might also find that you can run your company well on only five employees. They could be very productive, and perhaps your business is thriving. However, it will not meet the requirements and you could be sent home if you do not hire at least ten fulltime employees. You need to account for this in your business plan, so your company must be large enough to require at least 400 hours of work per week total.

Like anything else, the direct method of the green card through investment has its drawbacks and benefits. You will have to weigh them both before making a decision. Then you can learn in-depth about the advantages and disadvantages of joining a regional center, instead.

| edit post

If you have heard of the eb5 category that is sometimes used to get into the United States, you might wonder what the differences are between going about it directly as opposed to going through a regional center. Though both routes are technically eb5 pathways, one of them is referred to as more direct because those that choose this do not go through a regional center. You can learn the advantages of using this particular eb5 category before you choose.

If you are ready to get into the United States using the direct eb5 category, you likely have a business plan and $1 million. These are the two main requirements that you will need to show to officials from the USCIS before you are approved. This is more money than is required if you decide to join a regional center, as it is twice the regional center minimum of $500,000. However, the main advantage of taking this pathway is that a great business plan will go a long way. If you have an idea for a company that you think would be successful in this country, drawing up a professional business plan is essential.

Once you have done the most difficult part, which many believe is creating a solid business plan, your business could take off. If it is successful, you will have only yourself to thank for your success. Imagine knowing that you got to the United States and created a popular company that is self-sustaining. In many cases, this will mean that you alone accomplished your goals, as such success is typically a dream come true for anyone.

Per the rules for the eb5 category, you must create at least ten fulltime jobs. Unlike if you join a regional center, the hiring process will be up to you. This means more responsibility, but this also means that you get to pick the employees. If you choose carefully, you could end up with a great staff that not only helps you fulfill your eb5 requirements, but also contributes to the success of the company. Again, if this does occur, you can pat yourself on the back for making superior choices in hiring. Though the process is not typically easy, these days there are plenty of people who are eager to work, meaning that you can pick the cream of the crop for your company. In fact, if your friends are U.S. citizens and are qualified to do the job you need them to, you could even hire them.

Clearly, with the direct eb5 category comes more responsibility, but you cannot forget about the sense of achievement you will likely feel if your business succeeds. On the other hand, knowing the possible drawbacks of taking this route is also a good idea. Then, you can compare the advantages and disadvantages to have a complete picture of your possibilities.

| edit post

Today we will look at the J1 visa for Internship (INT) and Professional Career Training (PCT) programs. These programs can be for a maximum of 18 months.

The INT and PCT programs are part of a broad group of programs called Trainee programs. Also under this umbrella include;

- medical trainees
- veterinary trainees
- pharmaceutical trainees
- aviation trainees
- academic/research trainees

With many of the above programs, you are generally sponsored directly by the institution hosting you like a University or Aviation Training facility and not by a 3rd party organization. This is different to most of the J-1 visa program as a 3rd party organization generally has to sponsor your visa.

Internship (INT) Program:

* The person must be at least 18 years old.

* The student must be enrolled on a full-time basis at a nationally accredited tertiary institution like a college or university or have graduated within 12 months.

* The person must have sufficient English language ability to function normally in a business setting.

* The student must be at least one year into their chosen field of study and the end result of their study must result in a degree, certificate, qualification, etc. like a Bachelors Degree

* The trainee program should have correlation with the student’s course of study (this is loosely applied given that most roles have such vague job descriptions)

Professional Career Training (PCT) Program:

* The trainee should be between 20 and 40 years of age.

* The trainee has to be graduates of a tertiary institutions with at least 1 years non-US work experience related to their qualification OR have at least 5 years work experience

* The trainee must be a high school graduate

* Since 2007, a 2 year Bearer Rule applies to all countries. This basically means after a PCT program you have to remain outside the US for at least 2 years before being allowed to apply for any other US visa (not including visa waiver program).

There are a number of costs associated with being able to get the J-1 visa and these include;

- Program Fees to your Sponsor Organization and/or Local Affiliate (generally this is calculated by how many months your program is can be up to $1,500 for a full 18 month program last time I looked). Often this may include your Insurance as well

- Insurance coverage if not included above. (your sponsor organization will often give you a list of approved providers if they don’t include themselves)

- SEVIS Fee (I-901 form) which stands for Student Exchange Visitor Information System

- US Consulate/Embassy Application costs (or if within US, USCIS transfer visa fees)

In terms of finding a position. For the most part part it is best to use the services of your Sponsor Organization or Local Affiliate as they have a list of companies willing to hire foreigners. Often the fact you are using their list while probably making it easier to land a role mean that the Program Fees you pay will be on the higher side of the numbers described above.

Many people avoid paying the higher program fees by searching on their own which can be difficult from abroad but certainly not impossible and thousands do it each year. Craiglist, Moster and LinkedIn are among the best sites to find these roles

The J-1 visa also has a J-2 dependent visa for generally spouses of trainees to present in the US as well. The J-2 dependent visa has the added bonus allowing spouses to work as well.

| edit post

10 Tips For International Students Seeking Permanent Residence in Australia (Part 1)

Posted by Criminal Defense Lawyer Tuesday, November 17, 2009 0 comments

Many international students studying in Australia dream of one day becoming permanent residents and staying on in Australia for good. The most common pathway for students is to apply for General Skilled Migration on completion of their studies.

Whilst there is a lot of information on immigration on the internet, sometimes it’s difficult to figure out in practice what your chances are and what you need to do next.

You could ask a friend who has applied before, but the rules change so quickly that this can be dangerous. As the processing time for General Skilled Migration gets longer, chances are you won’t find out that you’ve made an error in your application for a year or more after lodgement.

This guide is intended to provide an easy to follow outline of the main things international students need to be aware of in applying for General Skilled Migration.

We begin with the top 10 tips for international students thinking of applying for General Skilled Migration:

1. Graduate Skilled Visa: the 18-month Graduate Skilled visa (subclass 485 and also commonly called “TR”) is a very useful way of helping you get enough points to apply for your permanent residence.

2. Critical Skills List (CSL): If you are thinking about choosing a course, think about doing a course which would allow you to pass skills assessment in a CSL occupation

3. Watch out for Exemptions: if you have exemptions or academic credits for overseas studies, these can affect whether you have enough study to apply. Avoid academic credits if at all possible

4. Work Experience: work experience can give you extra points – however, it has to meet certain requirements in terms of skill level, salary paid, hours per week etc. The Department of Immigration looks very carefully at work experience claimed by international students, so your employer can expect a call or site visit for verification

5. Further Study: if you are completing a bachelor degree in Australia, you can get 10 extra points if you do an honours year or masters

6. Professional Year: professional years are available for IT, Accounting and Engineering. Aside from extra points, your application may be processed more quickly if you complete a professional year.

7. State Nomination: states publish lists of occupations in demand and for which they will consider nominating people for temporary or permanent skilled visas. These days it is difficult to get a state nomination, but if you do have one, it means that you don’t need as many points to qualify for migration and your application is processed at the highest level of priority.

8. English Testing: most students will need to do the IELTS test of English language ability (ielts.org). Unless you get at least 6 in all 4 components of the IELTS, it will be very difficult to apply even for the skilled graduate visa. You need to think ahead as you may need to wait 3-4 months for a test date – the test is valid for 2 years so you can do it well before you are ready to apply.

9. Bridging Visas: if you lodge an onshore application you will receive a Bridging A visa which gives full work rights in Australia. However, the Bridging A visa ceases if you leave Australia. If you want to travel, you’ll need a Bridging B visa – this costs $90 and you will need to show evidence of the reason you need to travel.

10. Keep up to Date: the rules change constantly, and the Department of Immigration is currently looking at revising the whole General Skilled Program.

| edit post

American Lottery Details

Posted by Criminal Defense Lawyer Sunday, November 15, 2009 0 comments

According to the news, American Green Card Lottery or the US Diversity Visa Program claims that winners might receive the American Green Card or Immigrant Visa, which allows foreigners to live in the country and work in the USA.

This change occurred October 2 of this year. Eligible countries include Africa, Asia, Europe, North America, Oceania, South and Central America and Caribbean. Those who qualify must have a spouse who was born as a native in the country. Even if your native family is ineligible, as long as your spouse is native then you can apply for the American Lottery Green Card.

If you meet certain criteria, you can apply if one of your parents was born native in the country. In order to enter into the lottery, you are required to have either work experience or educational background from the DV program. You are required to have a Diploma or GED and have completed a one-year course of either elementary or secondary educational programs.

If you have worked two-years in the past five years training for an occupation then you may apply for the American Lottery card. To enter into the Lottery you must have your DV lottery and be a native of one of the countries listed above.

If you qualify for the American Green Lottery Card then your name and information will be reviewed by the proper authorities to determine if you can enter into the United States to live and work in that country.

Your name and information will be entered into a computer in which it will randomly choose entities from amongst each entry that qualifies for the Green Card Lottery. If you are selected then you will be notified via mail in 2010 between May and July. Your letter will provide you with instructions, as well as fees that you must pay to the proper authorities.

If you have been chosen through random draws then you will not receive a letter via mail. Those who are not eligible will be notified however, the U.S. Consulates or Embassies will not issue any lists of the entrants who qualified for the Green Card Lottery. For more information about American Lottery, go online now.

| edit post

More About K3 Visa

Posted by Criminal Defense Lawyer 0 comments

The documents those are required from the sponsor’s side for a K3 visa, which is being petitioned for, for the purpose of helping a spouse to migrate to the United States are as follows:

  • Form 1-130 – A fully completed 1-130 form with the signatures is the first requirement for the K3 visa.
  • 

  • Citizenship Evidence – A proof of your citizenship would be required to be submitted with the form. This proof could be your US birth certificate, your US passport, your certificate of citizenship, or your naturalization certificate, would be required to be submitted to the USCIS.
  • 

  • 2G-325A – The biographic data sheets would be required for both the parties involved in the K3 visa petition for the migration.
  • 

  • Proof of your marriage - A proof of your marriage would be required to be submitted to the USCIS. This requirement would be taken care of by your marriage certificate. In case you do not have one in that case you would have to visit your local marriage registrar and get the same done. A copy of the certificate obtained for this marriage should now be submitted.
  • 

  • Documents for prior marriage nullification - In case you have had a marriage prior to your current one. Then in that case you would have to provide the relevant documents to state that the previous marriage has been nullified legally. For this you would have to submit your divorce decree or a death certificate in case of death of the previous spouse.
  • 

  • Photographs - A passport size color photo of you and your spouse, which should not be older than the last 30 calendar days, needs to be given to the USCIS. On the reverse side of the photograph you should print the Alien registration number and the name of your spouse. It’s important that you should be doing this printing on the reverse side using a felt pen or a pencil only. Also you need to note that the photograph that is required to be submitted has a specification. In case you are not sure about that you can tell your photographer, about the US visa and the person would know what exactly is to be done.

As per the above mentioned, all the said documents are required to be collected and should be submitted to the USCIS along with the petition of the K3 visa. If you happen to miss out on any of these, in that case chances are that your application would be rejected.

| edit post

The US consulate interview for your US visa can seem really crazy but if you are full prepared, you will be fine. Today we cover the major documents you should always have with you for the interview to ensure you have the best chance of being successful with your US visa application.

Listed below are the major documents to take for US Non-Immigrant visa interviews like the L1 visa, H1B visa, E3 visa, J1 visa, F1 visa and O1 visa.

1. The Labor Condition Application and depending on the visa USCIS petition approval

2. Signed letter from the company (usually by HR or your department head) on official letterhead with job offer description addressed to you. Also any note showing that your role is specialized and your awards/special qualifications can always help.

3. Printed DS-160 online form confirmation page (includes a barcode and your picture you upload during the form process)

4. Printed interview time confirmation sheet (not usually necessary but doesn’t hurt to have)

5. A self addressed envelope with postage paid (some countries US consulates allow you to pick up the visa on a subsequent day so check ahead regarding this)

6. Confirmation receipt of application fee(s) paid for all visas which is currently $131USD (each country has a different process for this but you should many require prepayment of this at another location). Also note for may visas there is other fees to pay like a Visa Issuance Fee.

7. University Degrees, Equivalency Certifications to US Degree and Academic Transcrips

8. Supporting documentation (this can include business titles, mortgage titles, bank account statements, etc. to show ties to your home country for demonstrate residence abroad condition for tnon dual intent visas)

9. If you don’t have a University Degree and are proving that your experience, degree and other qualifications is suitable for the relevant US visa then you definitely need to bring evidence of all of this like documented letters from former managers about your roles and descriptions and tenure as well as transcripts and course descriptions for other qualifications. It can really help in these cases to get a US organization to do a degree/experience equivalency to a US Bachelors degree assessment that you can also present as mentioned above. This a big area where additional Administrative Processing may be required and to avoid these long and ad hoc delays, it is best to be over prepared.

10. Other documents like marriage certificates, prior passports and US visas, etc. may be helpful on a case by case basis

11. Just in case take 2 additional US sized passport photos. This is in case the uploaded photo for your DS-160 online form is not deemed suitable.

12. Your Passport

13. Note for J1 visa and F1 visa holders, forms like the DS-2019 and evidence of SEVIS payment are also required.

| edit post

When you first heard about the eb5 greencard, you probably had a lot of questions. After all, it seems too good to be true. You will need to get an immigration lawyer to fully answer any individual queries you have, but until then, you can certainly get the answers to a few popular questions that many others have asked about picking a regional center. It is advised that you get a general background on the eb5 greencard before checking out the answers, as that may help you understand them better.

If you plan to invest your money in a regional center, you might have several questions when it comes to choosing the best one for you. Many centers try to lure investors by claiming that their immigrants often get approved faster than anywhere else. This is not true. While some regional centers likely have a record of investors who were quickly approved, it has nothing to do with the center itself. It has everything to do your specific application, the people reviewing it, and the time period in which you submitted it. Sometimes you will just get lucky and have it approved within a few weeks, but you should expect to have to wait about five months to get an answer.

When it comes to regional centers, you have a lot of options. There are about 60 centers in the United States, with at least one in nearly every state. There are also about 50 applications that have recently been received for such centers, so there will be more choices soon. This means that if you cannot find a project or center you are interested in funding right now, you have a good chance of finding one within the next few months.

As you have likely heard, you have to help create ten fulltime jobs with your money, whether you take the typical eb5 greencard route or use a regional center. If you choose the latter, you will receive some help, but it still needs to be proved that your investment created the jobs. You should know that the center cannot count any jobs that were made outside the designated region. Some centers do this, likely to lure more investors by making it easier for them, but this is against the rules and could get the center in trouble. Just stick to the expectation that you will need to create ten fulltime jobs, which should not be difficult to do with a project that gets your $500,000.

Your immigration lawyer can answer any other questions you might have. If they are broad, and you want to know about the program, you do have the option of researching more online. Just be sure to get the facts before committing to a regional center with your eb5 greencard, not fluff that some officials want you to believe.

| edit post

K1 Fiancee Visa Information

Posted by Criminal Defense Lawyer 0 comments

The K1 Fiancee Visa and K1 Fiance Visa sound the same, but have different meanings. The difference is K1 Fiancee is tied to a man immigrating to the USA and K1 Fiance Visa is tied to a woman immigrating to the USA.

  • Paperwork

The paperwork is the same in both aspects of the K 1 visa. This is also the case with the green card through marriage. The new non immigrant spouse will go through the same green card I 485 documentation and the same USA green card interview.

All paperwork regardless of gender is the same from the time the I 129 F application is processed up to the point where the green card has been approved.

  • What is more common?

In the past most all non immigrants coming to the USA through a K 1 Visa were women. That trend has slowly started to change. There are a significant amount of women in the USA now finding a future spouse abroad.

If you look at the many online international dating websites you will see this trend. More and more websites are now starting to feature both men and women.

  • Why are more women seeking men abroad?

This question is common and asked often of both women and men. Women from the USA are asking why do US men seek women for marriage abroad and now the same question can be asked about women.

The main reason for this slowly change in the pursuit of marriage comes from the increasing number of immigrants entering the USA from not only border countries, but from countries across the world.

Cultures from countries around the world are interacting with us at work, during our down time and also in our schools. Both men and women of the USA are now being shown the beauty of other cultures and that beauty is enticing them to search outside their common comfort zone.

  • My reason

I can tell you that this is what happened to me. This was the reason why I wanted to travel abroad and meeting women from other cultures. I have worked with a lot of people from different cultures and over the past years I have grown to understand and cherish those experiences. You name the country and I have probably worked with a person from that country. Working in this kind of environment enabled me to learn about and experience many different cultures in a short amount of time. There was a realization in which I started to see myself understanding certain cultures better than others. Most people will never have this opportunity and I learned to appreciate the gift that was presented to me. At the time I was a year out of a very difficult relationship and this experience gave me a reason to still believe in marriage and building a lifetime commitment with someone.

One culture that stood out was Russia. The women were beautiful, their culture was amazing and their love of family over anything else was a breathe of fresh air. Without that job and interacting with so many people from other cultures, I would have never ventured out of my comfort zone.

Life experiences are what shapes a person into what they are and what they will become. As the USA becomes even more integrated with cultures of the world, more and more US citizens will use the K 1 Visa and green card through marriage to bring a love one to the USA.

| edit post

About Me

Blog Archive