Question and Answers

Month: January 2010 (Page 1 of 8)

More Information on Haitian Deportation : Immigration Law Answers Blog

Posted on January 16, 2010 by Robert A. Kraft

The administration has clarified the earlier announcement regarding the suspension of deportation of Haitian citizens. The Haitians must have been in the United States before the earthquake January 11, and any Haitians who arrive here illegally after that date will be deported. The deportation suspension will no longer be for an indefinite time. It will be for 18 months after the date of the earthquake.

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.immigration-law-answers-blog.com/admin/trackback/177636

Free Webinar on Legal Changes Affecting Haitian Immigrants : Immigration Law Answers Blog

 Here is a message I received from the good people at Thomsen Reuters:

I wanted to pass on some news that may be of interest to your readers, just posted this morning:  Thomsen Reuter’s CLE division, West LegalEdcenter, is hosting a FREE webcast seminar on Haiti and immigration law.  It focuses on the ramifications of the recent, and significant policy changes announced by the U.S. Department of Homeland Security and the Department of State pertaining to Haitian nationals currently in the US, as well as orphans in the process of adoption. 

Here is a link:   http://tinyurl.com/ydbkekf

Produced by the National Bar Association, the webcast will take place this Monday, January 25, 2010 at 3 p.m. EST.  Let me know if you have any questions. Sincerely,  Mike Weiner

West LegalEdcenter, A part of Thomsen Reuters

Business Visitors — The B-1 Visa : Immigration Law Answers Blog

A foreign national who wishes to enter the United States “on business” must first obtain a B-1 visa from the U.S. Consulate or Embassy in his or her home country. The B-1 visa allows the foreign national to enter the United States temporarily for business. However, the business visitor is not authorized employment in the United States.

For example, if the purpose of the foreign national’s planned travel is to meet with business associates, travel for a business convention or conference on specific dates, or settle or negotiate a contract, then a B-1 visa would be necessary. Since the purpose of the trip and visa is temporary in nature, the foreign national needs to establish there is no intention of abandoning his or her home country. Documentation must be presented to the consul establishing intent to return to the home country. An individuals should therefore provide sufficient ties to the home country — such as an employment letter, financial connections, bank accounts, close family ties, copies of recent tax returns, copies of recent paycheck stubs, copies of mortgage, lease, or other documents demonstrating residence.

Please contact us to learn more about the B-1 visa.

New York Times Article On Visa Bulletin Scandal : Immigration Law Answers Blog

The scandal/confusion regarding the latest Visa Bulletin has found its way into the New York Times today. Here are excerpts from the article:

Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.

The outcry was provoked by a terse announcement on Monday in which the State Department said it would not grant any more visas for the 2007 fiscal year to foreigners applying to become permanent residents based on their job skills. That notice reversed one the department had issued on June 13 announcing a two-month window starting July 2 for aspiring, high-skilled immigrants from around the world to present applications for visas known as green cards.

The State Department said the 60,000 visas it had expected to offer would no longer be available because of “sudden backlog reduction efforts” by Citizenship and Immigration Services, the federal agency that processes applications for the visas offered by the department.

In a statement yesterday, the American Immigration Lawyers Association accused the two agencies of perpetrating a “hoax” and a “bait and switch” against hopeful legal immigrants who played by the book.

To apply, immigrants must undergo medical examinations and assemble documents to prove their job skills and show that a United States employer has sponsored them. Foreigners must be in the United States when they present their applications, which are processed on a first-come, first-served basis.

Because of backlogs for employment-based visas, foreigners have had to wait many years just to be allowed to file their applications.

Thousands of medical and technology professionals, including many working here on temporary visas, scrambled for weeks to get their documents together, in some cases canceling travel plans, in order to file their applications on Monday, the first day of the window. The State Department and the immigration agency closed the window without accepting a single application.

“I am concerned that such action may violate the law and could threaten the integrity of our immigration system,” Representative Zoe Lofgren, Democrat of California who is chairwoman of the House Judiciary subcommittee on immigration, wrote in letters yesterday to Michael Chertoff, the secretary of homeland security, and Condoleezza Rice, the secretary of state. Ms. Lofgren warned that the federal government could face costly litigation because of its change of course.

The State Department said it would begin accepting applications on Oct. 1 for 2008 visas. On July 30, the immigration agency will raise its processing fees by an average of 66 percent.

Haitian Deportations Suspended Following Earthquake : Immigration Law Answers Blog

Homeland Security Secretary Janet Napolitano and the Obama administration have temporarily suspended deportations of illegal immigrants from Haiti.

This is of course because of the devastating damage from the earthquake this week in the Haitian capitol. The death toll from the quake is still unknown but will surely number in the tens of thousands and perhaps even the hundreds of thousands. Much of the infrastructure of the country in and around the capitol has been damaged or destroyed.

There are approximately 30,000 Haitians in the United States facing deportation orders, but it would be cruel to send them into a situation where their safety and even their lives would be so much at risk. No time limit has been placed on the deportation suspension.

The earthquake has renewed calls for Haiti to be granted temporary protected status as are the countries of El Salvador, Honduras, Nicaragua, Somalia, and Sudan.

U-Visa : Immigration Law Answers Blog

The Victims of Trafficking and Violence Protection Act was passed in 2000 creating the “U” nonimmigrant classification. The U visa is available for undocumented immigrants who have suffered substantial physical or mental abuse as a result of having been a victim of a criminal activity. The individual must demonstrate the following: he or she has information concerning the criminal activity; the law enforcement officials, prosecutors, judges, or other investigating authorities provided a certification indicating that the individual has been helpful, is being helpful or is likely to be helpful; the criminal activity must have violated the laws of the United States, or have occurred in the United States.

The victim of the criminal activity must file Form I-918, Petition for U Nonimmigrant Status, at the Vermont Service Center. To determine what qualifies as a violation of a criminal activity, guidance is provided by statute that the activity is in violation of a Federal, State or local criminal law. Examples include but are not limited to rape, torture, sexual exploitation, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, involuntary servitude, kidnapping, abduction, false imprisonment, murder, blackmail, and obstruction of justice. Along with the petition, the individual must provide evidence that he or she suffered direct and proximate harm as a result of the criminal activity. The evidence may include trial transcripts, court documents, police reports, news articles, affidavits, or orders of protection.

Until the final regulations are issued, individuals who demonstrate eligibility for U visas are granted interim relief. Following the grant of interim relief, the individual may apply for work authorization. After three years of being present in the United States, and for humanitarian grounds, the U visa holder may adjust his or her status.

To learn more about the U visa and its process, please contact us at 214-999-9999.

D.O.R.A. : Immigration Law Answers Blog

Under the two-year-old Dallas Office Rapid Adjustment (DORA) program, applicants undergo on-the-spot interviews when they submit their visa petition and application for adjustment of status at the same time. Many of those who attend their DORA appointment, however, learn that they are not eligible to participate in the program. In order to participate in the DORA program, you must meet one or more of the following criteria:

1. The petition must be for a family member who has a visa immediately available to them (a spouse, parent or child of a United States Citizen),

2. The applicant was a Diversity Lottery winner, or

3. The applicant is a special immigrant with an approved I-360 Visa Petition.

There are many rumors and misconceptions about this pilot program among immigrants. Please understand that this is not an amnesty, nor is it President Bush’s new proposal to grant work permits to illegal aliens. This is simply another option available to immigrants who would be otherwise eligible for adjustment of status.

Also, it is very important to make sure that you are eligible for adjustment of status when you use the DORA program. Prior removals, departures (voluntary or not) or refused admissions can have serious consequences on eligibility. Many applicants have been detained and deported without warning at adjustment interviews.

The DORA program was initially begun to adjudicate simpler cases. This system, however, is not for everyone. If you have any questions regarding your eligibility for adjustment of status, you may need to consult with an immigration attorney. It is important to make sure you are in one of the above-mentioned classes of persons eligible to obtain permanent residency at the time of your DORA appointment.

Dallas Office Rapid Adjustment : Immigration Law Answers Blog

Under the two-year-old Dallas Office Rapid Adjustment (DORA) program, applicants undergo on-the-spot interviews when they submit their visa petition and application for adjustment of status at the same time. Many of those who attend their DORA appointment, however, learn that they are not eligible to participate in the program. In order to participate in the DORA program, you must meet one or more of the following criteria:

1. The petition must be for a family member who has a visa immediately available to them (a spouse, parent or child of a United States Citizen),

2. The applicant was a Diversity Lottery winner, or

3. The applicant is a special immigrant with an approved I-360 Visa Petition.

There are many rumors and misconceptions about this pilot program among immigrants. Please understand that this is not an amnesty, nor is it President Bush’s new proposal to grant work permits to illegal aliens. This is simply another option available to immigrants who would be otherwise eligible for adjustment of status.

Also, it is very important to make sure that you are eligible for adjustment of status when you use the DORA program. Prior removals, departures (voluntary or not) or refused admissions can have serious consequences on eligibility. Many applicants have been detained and deported without warning at adjustment interviews.

The DORA program was initially begun to adjudicate simpler cases. This system, however, is not for everyone. If you have any questions regarding your eligibility for adjustment of status, you may need to consult with an immigration attorney. It is important to make sure you are in one of the above-mentioned classes of persons eligible to obtain permanent residency at the time of your DORA appointment.

Officials Hid Truth of Immigrant Deaths in Jail : Immigration Law Answers Blog

A highly disturbing article was published today in the New York Times. It reports on several deaths of immigrants held in jails across the country, and the apparent attempts by government officials to hide the details of those deaths. I encourage everyone to read the entire article. Here are the opening paragraphs:

Silence has long shrouded the men and women who die in the nation’s immigration jails. For years, they went uncounted and unnamed in the public record. Even in 2008, when The New York Times obtained and published a federal government list of such deaths, few facts were available about who these people were and how they died.

But behind the scenes, it is now clear, the deaths had already generated thousands of pages of government documents, including scathing investigative reports that were kept under wraps, and a trail of confidential memos and BlackBerry messages that show officials working to stymie outside inquiry.

The documents, obtained over recent months by The Times and the American Civil Liberties Union under the Freedom of Information Act, concern most of the 107 deaths in detention counted by Immigration and Customs Enforcement since October 2003, after the agency was created within the Department of Homeland Security.

H-1B Visa : Immigration Law Answers Blog

Posted on June 30, 2009 by Robert A. Kraft

As of June 26, 2009, approximately 44,800 H-1B petitions have been received and counted toward the 65,000 cap. USCIS continues to accept cap-subject petitions and advanced degree petitions until the 65,000 statutory cap limit is reached. More information is available at www.uscis.gov.
 

Posted on May 29, 2009 by Robert A. Kraft

As of May 27, 2009, U.S. Citizenship and Immigration Services (USCIS) had received 45,700 H-1B petitions counting toward the 65,000 cap. For the fiscal year 2010 H-1B program, USCIS continues to receive petitions subject to the 65,000 cap. Visit the USCIS Web site for updates at: http://www.uscis.gov.

« Older posts

© 2022 Immigration Law

Theme by Anders NorenUp ↑