Immigration: New Year and New Immigration Amnesty for 2012? Happy New Year to Everyone. With the start of 2012 everyone is concerned with the status of immigration laws. In 2011 we saw the enactment of some draconian and controversial immigration laws in Arizona, Georgia, and Alabama. We also saw increased activism for immigrants' rights. However, despite the efforts of immigrant activists we have yet to see comprehensive immigration reform from the federal government. So what will happen in 2012? The future of immigration reform is uncertain. However, what remains is that everyone must do everything they can do to maintain or obtain legal status and prepare for immigration reform/amnesty.  In this month's article I will briefly address some immigration questions that are asked by prospective clients.

Immigration: The ABCS of the U Visa Congress created the “U” non-immigrant classification, known as the U-visa, as part of the Victims of Trafficking and Violence Prevention Act of 2000. The U-visa protects crime victims from deportation and strengthens the ability of law enforcement agencies to detect, investigate, prosecute, and solve cases of domestic violence, sexual assault, trafficking, and other crimes.

Immigration: Common Questions and Answers Immigration has always been a very interesting topic. Immigration is an essential component for families and businesses but it is also controversial.  Immigration law is very broad and due to its controversial nature it is sometimes fraught with fraud.  Families and businesses are desperate to obtain legal status for their family members and workers and they are opportunistic individuals lying in wait to exploit these needs.

Immigration: A Review of Immigration’s Prosecutorial Discretion Memorandum and its impact on Removal Proceedings Due to the sluggish nature of the United States’ economy more individuals are now seeking new ways to become self-employed while acquiring legal immigration status. The United States has always welcomed the foreign investment of capital and jobs as a mainstay of its economy. As such, the United States created the treaty investor/trader visas. These visas are usually referred to as the E-1/E-2visa. In this month’s article I will briefly outline the requirements of these visas.

Immigration: Treaty Investor and Treaty Trader Visas Due to the sluggish nature of the United States’ economy more individuals are now seeking new ways to become self-employed while acquiring legal immigration status. The United States has always welcomed the foreign investment of capital and jobs as a mainstay of its economy. As such, the United States created the treaty investor/trader visas. These visas are usually referred to as the E-1/E-2visa. In this month’s article I will briefly outline the requirements of these visas.

Immigration: Alabama and Georgia’s HB 87 Recently the states of Georgia and Alabama have set a new standard in the enforcement of immigration law. On Georgia passed HB 87 i.e., the Illegal Immigration Reform and Enforcement Act of 2011. However, the State of Alabama set a new national standard for get-tough immigration policy.

Immigration Question & Answer: Permanent Residence Application This month’s article will address the issues that applicants face when they receive a denial of their permanent residence petitions. Most applicants who receive a denial of their permanent residence petitions face the uncertainty of removal proceedings or the issue of whether or not to re-file their application or to file an appeal. This month I will answer questions that I receive from applicants who are in this uncertain position.

Immigration: P-3 Visa for Culturally Unique International Artists and Bands Summer is now here and with the onset of warm weather there will be cultural celebrations. Cultural celebrations range anywhere from reggae festivals to annual events where a specific style of music or dance is performed. Recently, my firm has had the pleasure of obtaining a number of temporary visas for internationally acclaimed artists and bands for the upcoming summer and fall events in the United States. This month’s article will briefly discuss and outline the requirements for a P-3 visa.

Immigration: Question & Answer This month’s article will address the most common questions that I have received from prospective clients who are seeking answers for their immigration cases. In my practice I encounter a large number of individuals who are in dire need of legal advice but they usually choose to consult the advice of their friends and families as opposed to a legal professional.

Consular Processing: Confusion, Misrepresentation, and Frustration. In my immigration practice my clients all prefer to complete their immigration process in the United States or at an overseas U.S. Consulate office in Canada or elsewhere. It seems that no one wants to travel to Kingston, Jamaica for their final interview.

The Inner Workings of Conditional Permanent Residence This month I will discuss the issue of conditional permanent residence status. The term “conditional permanent residence” can be confusing as the term refers to a permanent immigration status that is still conditional, i.e., temporary, on certain legal conditions. Most recipients of “conditional permanent residence” are often confused as to the specific actions that must be taken to remove the condition from their permanent residence. In addition, most applicants are weary of filing their application to remove the condition on their permanent resident status if they are separated, divorced or experiencing marital problems.

New Developments at the Atlanta Immigration District Office With the New Year come several immigration policy changes that are not always transparent to the immigrant population. This article will briefly highlight my recent observations of the Atlanta Immigration District Office, [hereinafter “Atlanta Office”] as it applies to permanent residence and citizenship applications.

New Year and Possibly New Immigration Reform? Happy New Year to everyone!  I trust you all had a wonderful holiday.  The year of 2010 was filled with the recession and the hopes of the DREAM Act.  The U.S House of Representatives had initially passed the bill but the Senate failed to pass the bill by five votes.  The opponents attacked the bill as amnesty for lawbreakers. At this moment, no one is sure when or how immigration reform will be enacted. Happy New Year to everyone!  I trust you all had a wonderful holiday.  The year of 2010 was filled with the recession and the hopes of the DREAM Act.  The U.S House of Representatives had initially passed the bill but the Senate failed to pass the bill by five votes.  The opponents attacked the bill as amnesty for lawbreakers. At this moment, no one is sure when or how immigration reform will be enacted.

Immigration: Overcoming Marriage Fraud A finding of marriage fraud is not a trivial issue to have on any immigration record. However, a previous denial of a permanent residence application or Immigration’s finding of marriage fraud is not always insurmountable if the matter is dealt with aggressively. I have decided to write an article on this daunting issue because recently I have received an influx of calls concerning this matter. This month I will provide a brief overview of marriage fraud and some pointers on how to deal with the issue

Avoid Deportation with a Successful Immigration Waiver Petition In my practice I routinely consult with prospective clients who are ready to commence with the process of applying for permanent residence. However, during our consultation interview I discover that the applicant has a conviction for a criminal offense or some previous immigration violation.

Immigration Question & Answer Article: Permanent Residence Interview and Criminal Conviction In this month’s article I will address two issues that usually pose an important concern to prospective clients. The first issue will address the issue that couples often encounter when they appear for the permanent residence interview. The second topic will address the immigration consequences of a criminal conviction for domestic violence

Immigration Question & Answer Article: Permanent Residence Application During my practice I encounter prospective clients who have a number of reoccurring immigration questions regarding permanent residence. My firm’s policy is to answer all questions in a private and confidential consultation for my prospective clients. However, occasionally I see a specific question that should be answered in the public forum so as to provide the most benefit to the immigrant community.

Frequently Asked Questions regarding acquiring U.S Citizenship Recently I have received an influx of questions regarding acquiring U.S. Citizenship in the United States. These inquiries have come mostly from permanent residents who are living in the United States and who now wish to acquire U.S. citizenship to protect their immigration status and to assist their family members in acquiring legal status. In this article I will provide a general answer to some of the concerns that I have received regarding U.S. Citizenship.

Naturalization U.S employers are eligible to acquire H-2B visas for their foreign skilled or unskilled employee(s) to come to the United States to perform temporary non-agricultural work on a one- time, seasonal, peak-load or intermittent basis.  The U.S employer must offer a full-time job position that is temporary. In order to acquire a H-2B visa, U.S employers must complete the following three steps.

H-2B Visa Fact Sheet U.S employers are eligible to acquire H-2B visas for their foreign skilled or unskilled employee(s) to come to the United States to perform temporary non-agricultural work on a one- time, seasonal, peak-load or intermittent basis.  The U.S employer must offer a full-time job position that is temporary. In order to acquire a H-2B visa, U.S employers must complete the following three steps.

Immigration’s Request for Evidence and Notice of Intent to Deny Letters In my practice I believe that the processing of most immigration petitions is divided into three main areas. There is the initial acceptance, prima facie review, and the final processing. In this article I will briefly discuss these three main areas for processing and provide some tips on how best to respond to Immigration.

Criminal Convictions and Its Immigration Consequences Many non-citizens are very unfamiliar with the immigration consequences of criminal convictions. In my practice I have found that most people are mislead by the terms misdemeanor and felony convictions. In fact, most non-citizens who are unfamiliar with criminal procedure often believe that if they simply pay a fine then the crime will have no future implication on their immigration status.

An Overview of the Real ID Act of 2005 I trust that you all had a very blessed Christmas and a Happy New Year. As we proceed into the New Year of 2010 it is important to know that there will be some changes regarding your photo identification. Today’s article will briefly discuss the federal Real ID Act of 2005 and its impact on the way in which we use our identification.

Permanent Residence Through Your Spouse Non-citizen spouses are able to acquire permanent residence through their spouse under the following four conditions. First, your spouse must be a United States Citizen or permanent resident. Second, you must have entered the United States in legal status i.e. with a visa or under the visa waiver program. Three, you must be admissible to the United States. Finally, your spouse must be willing to submit his/her immigration petition to Immigration on your behalf. This article will highlight the process of preparing, submitting and ultimately attaining permanent residence though marriage.

Ten essential things you must know when you are in removal proceedings Throughout my practice I encounter a large number of clients who are in removal proceedings or have a family member who is removal proceedings. The removal process is a very emotionally charged situation especially when spouses and children are involved.

Beware Of Notarios And Immigration Service Providers As an immigration attorney I often meet clients who hired a Notario to provide them with legal assistance.  These clients are often in my office because their immigration cases have been denied and/or they are now in removal proceedings.   After reviewing these clients’ cases it is usually difficult, if not impossible, to resolve their cases in a favorable manner. These clients are the victims of Notarios or individuals who provide immigration services who are not authorized by the State to provide legal assistance. 

An Overview of the Deportation/Removal Proceedings Deportation i.e., removal proceedings is not usually a pleasant situation. The fears and concerns that usually arise during deportation proceedings are usually exacerbated by the issues of fear, non-eligibility for relief from deportation and possibly detention.

Human Trafficking is Modern Day Slavery When one thinks of human trafficking the first thing that springs to mind is usually a poor underdeveloped country where individuals are forced into sexual slavery to earn a living.  This perception of human trafficking is far from reality. The second question that springs to mind when discussing human trafficking is exactly what is human trafficking.  Human trafficking is the exploitation of human beings – be it for sexual exploitation, other forms of forced labor, slavery, servitude, or for the removal of human organs. 

Common Mistakes to Avoid when Applying for Immigration Benefits The Immigration laws of the United States are governed by complex statutes, internal Immigration memorandums and case law. Consequently, it can be quite daunting for a non-citizen to maneuver his or her way through the entire immigration process. This article will address some common mistakes that clients usually make in applying to Immigration for benefits. I will also offer some easy solutions for those individuals who feel compelled to go through the process by themselves.

Permanent Residence Through Your Spouse Non-citizen spouses are able to acquire permanent residence through their spouse under the following four conditions. First, your spouse must be a United States Citizen or permanent resident.  Second, you must have entered the United States in legal status i.e. with a visa or under the visa waiver program. Three, you must be admissible to the United States.  Finally, your spouse must be willing to submit his/her immigration petition to Immigration on your behalf. This article will highlight the process of preparing, submitting and ultimately attaining permanent residence though marriage.

Acquiring U.S Citizenship through Naturalization There are many paths that lead to the path of United States citizenship. The immigration path to United States citizenship is optional. Under the current immigration laws, it is not mandatory that permanent residents become United States citizens but the benefits are much better. This article will outline the key steps that will put you on the path to becoming a United States citizen.

Immigration’s recent amendments to the Child Status Protection Act Immigration’s recent amendments to the Child Status Protection Act now permit some applicants to apply for permanent residence in the United States. The Child Status Protection Act, [hereinafter “CSPA”] has been the focus of Immigration for some time.  Originally the CSPA was enacted in August 6, 2002 to allow children who turned twenty one (21) years old to still be considered as minor children so that they could immediately apply for permanent residence.

New Year, New President and Possibly New Immigration Reform? Presently, it appears that President Barack Obama’s immigration platform is very general. During his election campaign, President Barack Obama’s three key immigration principles were Secure Borders, Fix the Immigration System and a Pathway to Citizenship for undocumented individuals.

The U.S. Immigration Debate – A few perspectives Many anticipate that the U.S. immigration laws will change after the 2008 elections in November. With candidates Obama, Clinton and McCain talking about a variety of issues, Immigration being paramount, it is clear that they will say what they must in order to get elected, which is the nature of politics. In what way the Immigration field will change is unknown as many political leaders are reluctant to make the necessary changes that will actually benefit the greater society.

Humanitarian Parole and Public Interest Parolees Entry into the United States Many do not know that within the US Immigration system exists certain discretionary grants of entry to the United States. The Humanitarian Parole is one such form of entry and the Public Interest Parole is another. Both are available pursuant to section 212(d)(3) or 212(d)(5) of the Immigration and Nationality Act. Both require that certain conditions be met and that the need for immediate entry be thoroughly explained and documented.

HIV and Medical Waivers in the US immigration context The US immigration process requires that every applicant for Lawful Permanent Residency complete a medical examination. This medical examination consists of a set of routine vaccinations for diseases such as mumps, measles, rubella, polio, tetanus, diphtheria, influenza, hepatitis B, and any other vaccine for preventable diseases of public health significance.

Visiting The USA Getting to the United States may involve more than just buying a plane ticket with an itinerary bound for a US destination. The United States requires that most individuals from around the world apply for and obtain a visa at a US Embassy in their home country prior to entry. If an individual comes to the United States without the required travel documentation, then s/he may be immediately placed in secondary inspection where s/he will be interrogated for anywhere from one to several hours.

Green Card Renewal - Removing the Conditions on Residency If you have an old edition Green Card that was issued prior to 1989 and has no expiration date, US CIS encourages you to renew your card as soon as possible. Although it is not currently mandatory, US CIS will soon make it so. The renewal of the Green Card serves the purpose of updating your biometric information with US CIS. Biometrics are your unique identifying information such as fingerprints and electronic photograph.

Visa Lottery and Immigration News One way in which SOME people can obtain a Green Card without any form of sponsorship is to participate in the Visa Lottery which is held each year. Between October 3 and December 3, 2007 the US CIS and the US State Department have in effect the 2009 Diversity Visa (DV) Lottery program. This is a lottery where applications from all over the world are received so that the applicants can be considered for a Green Card.

Investor and Short Term Work Visas Living and working in the United States is not just for professional workers with advanced degrees or those at the opposite extreme with no skills seeking seasonal or temporary employment. Others may choose to enter to conduct short term business, or to become self employed by owning their own business. In this way, the self employed individual can obtain a visa that allows him or her to work in the United States so long as their business enterprise is thriving.