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Showing posts with label Immigration Rules. Show all posts
Showing posts with label Immigration Rules. Show all posts

Monday, June 27, 2011

Marraige with green card

Q: I am an indian girl. My husband is a US green card holder stayed in US for 2 years. We are getting married in India and will file for my GC so I can join my husband.

I was rejected US student visa twice. How long it takes to get my green card? Any quick (short time) for the process? If I go to canada as student and file for green card will this expediate the process?
 
Also If the green card is filed and after 3 years my husband becomes a US citizen, will this speed up my GC process? if yes by how much time ?



A: Currently, in this visa category (a spouse of a lawful permanent resident) it takes about 3.5-4 years.

Yes, if he naturalizes and becomes a U.S. citizen, it will speed up the immigration process. A spouse of a US citizen will have a visa number immediately available. It takes a couple of months to process the case through the NVC and the US consulate after approval of the husband's petition by the USCIS.

Thursday, June 23, 2011

Any advise for application for fiancee visa

Q: My fiancee is a green card holder since february 2007 and is now planning to apply for her citizenship this november 2011

1. Is she qualify to apply for a citizenshipn even thou she havent completed the 5 th yr?
2. If she recieve her citizenship how long should he wait so she can apply for a fiancee visa?
3. How long would we wait to complete to finish the application fiancee visa so we could be together again?

Hoping for any help because it would boost our confidence that me and my fiancee would end our long wait just to be together. Thank you in advance

A: A lawful permanent resident of the U.S.A. can apply for US citizenship through naturalization 3 months prior to 5-year mark if they meet all residency and naturalization requirements.

She can file a Fiance visa petition immediately after becoming a US citizen (after Oath ceremony). However, she will need to prove that you two met in person within the previous two years and provide sufficient evidence of relationship.

It takes about 5 months for the K-1 visa petition to be approved, plus a few more months for consular processing of a K1 visa at the US embassy in Manila, Philippines. Usually, it's less than a year. It doesn't take years as for other family-based preferences for Philippines.

USA K-2 derivative child can adjust status if admitted to US under 21

New BIA case, June 23, 2011: K-2 derivative child can adjust status if admitted to US under 21, even if turns 21 before adjustment is complete.

A derivative child of a nonimmigrant fiancĂ©(e) visa holder under section 101(a)(15)(K)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(K)(iii) (2006), is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the United States on a K-2 nonimmigrant visa.

BIA held on June 23, 2011 that a K-2 who is under 21 when admitted to the United States on K2 visa, remains eligible for adjustment of status based on his/her parent's marriage to a K-1 petitioner.

USA H-2B Visa Application Process

The process for an H-2B visa begins with the U.S. employer filing ETA Form 9141, Application for Prevailing Wage Determination, with the Chicago National Processing Center (CNPC). Next, the U.S. employer should submit a job order with the State Workforce Agency (SWA) of the U.S. Department of Labor (DOL) serving the area where the employment is intended. After receiving the application, the SWA will check the job order request for errors or omissions, prepare a job order, and keep it in the Employment Service System for 10 days (but not more than 120 days) before the workers are actually needed.
 

Wednesday, June 22, 2011

Invitation letter for USA Visa

Q: I need helping writting an invitation letter for my brother and his family to come and vacation with me this summer! HELP!



A: An "invitation letter" is typically a requirement for other countries' visas, not for U.S. visas. In general, your relatives need to convince the consular officer in their visa interview that their purpose of travel is valid and they will be coming home after their vacation. The consular officer may not even look at the applicants' documents at all

(especially in places where documents are considered unreliable).

Feel free to send an invitation or not, feel free to write in English or the local language, feel free to send one by email or to print one on elaborate parchment with stamps, seals, and ribbons and red, white, and blue borders, feel free to have it notarized or not, feel free to address it to your relatives or address it to the Embassy...whatever you decide (or decide not to do at all), it's up to you.

Monday, June 20, 2011

Abolishing sex slavery and human trafficking

During a recent court trial of a human trafficker the judge asked the defendant why he engaged in human trafficking.

"People are so much easier (to traffic) than drugs," the man replied. "The sentencing is a lot less, and you can just kick them and they'll do what you say."

Estimates of slave numbers today range from about 10 million to 30 million, according to policymakers, activists, journalists and scholars.

In some Greek brothels, Caine said, trafficking victims who get pregnant are smuggled across the border to Bulgaria, where they give birth and the babies are sold into pedophile rings.
"You begin to wonder: How depraved can humanity get?" she said.
But rather than sink into despair, Caine, 44, decided to do something about it.

In 2008 she founded The A21 Campaign, which focuses on sex trafficking in southeastern Europe. The name derives from the goal of "abolishing injustice" in the 21st century. The task seems overwhelming, but the focus is on helping one victim at a time, Caine said.

Is my marriage legal?

Q: About two years ago I was married in Argentina. I am a U.S. citizen, my husband was not. He is an Argentine citizen. We were going to do paperwork to bring him home, but things didn't work out and now we're divorcing.

I would like to know whether or not the marriage is even considered legal and binding in the U.S. ? There has never been any paperwork turned in, and I never changed my status.

I ask, because my ex is working through divorce proceedings,and is threatening me if I don't give him money for the divorce. I have no money. And the divorce is for Argentina. I'm not sure where I stand in terms of anything.

I've looked at the divorce papers, and as far as I can tell, they don't say anything about me owing him money. We had NOTHING in both of our names.

He is basically threatening to have me brought up on charges if I don't. Is there really anything he can do? I'm in the US, he is in Argentina and he is not U.S. citizen at all. We at no point lived together or anything.

A: Your marriage is legal. The US government recognizes as legal and binding any marriage that is considered so where it is performed. What you should do about it, however, is a different issue. Perhaps you should consult a lawyer in the US. You might even be able to divorce him in the US, but you'll need to talk to an expert about that.

How are applicants evaluated in the Citizenship test?

 
Have you filed in your Citizenship application?
Anxious about your citizenship test?
Equip yourselves with sufficient knowledge about English and the civics of the country.
Acquaint yourselves with the scoring pattern of the test.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=88086338b3281210VgnVCM1000004718190aRCRD&vgnextchannel=9f2e9ddf801b3210VgnVCM100000b92ca60aRCRD

Friday, June 17, 2011

Nigerian convicted for human trafficking, forced labor, servitude

 
June 13, 2011

Nigerian woman convicted by jury for trafficking 2 young women and forcing them to work for her as nannies.

ATLANTA - Bidemi Bello, 41, a former resident of Suwanee, Ga., and a citizen of Nigeria, was convicted on eight counts by a federal jury late Friday night on charges of two counts of forced labor, two counts of trafficking for forced labor, one count of document servitude, one count of alien harboring, and two counts of making false statements in an application to become a United States citizen. The trial lasted one week.

The case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Federal Bureau of Investigation and the U.S. State Department's Diplomatic Security Services.
The jury heard from two victims who had been separately recruited in Nigeria by Bello's offer to come to the United States to work as her nanny. In return, Bello promised she would send the young women to school in the United States, and for one victim, she promised to pay her as well. The first victim, identified in court as "Laome," traveled with Bello in October of 2001 when she as 17 years old, using a fraudulent British passport the defendant had obtained for her. The second victim, identified in court as "Dupe," traveled with an associate of Bello's to the United States in November of 2004 when she was 20, also using a fraudulent British passport.
Once in the United States, Bello became verbally and physically abusive to both young women. She beat them for not cleaning well, beat them for not responding fast enough to her crying child fast enough, and beat them if they talked back to her. The young women testified Bello beat them with a large wooden spoon, shoes, electric cords and with her hands. One young woman was able to take pictures on her injuries with a disposable camera and in the pictures the jury saw her cut and bloodied lip from when Bello hit her while wearing rings.
Two witnesses, one a friend and one a relative of Bello, also testified about the abuse they witnessed. One woman described seeing "Laome" with bruises and swollen eyes from defendant's abuse. Both women counseled Bello to stop abusing the girls. One of the women testified she told Bello about a criminal prosecution in Maryland of a couple for "modern day slavery." Bello refused to stop her abuse and send the young women home, telling her friend, "I will not live in fear." This friend helped the first victim, "Laome," escape from Bello by hiding her in the back of another woman's car, who covered her with blankets, and drove her away. Bello then traveled back to Nigeria for the second victim, "Dupe."
"Few crimes are more shocking than the trafficking of human beings in this country. No one should have to live in a world of isolation and forced servitude. Together with our federal, state and local partners, ICE HSI is committed to protecting those who cannot protect themselves," said Brock Nicholson, special agent in charge of ICE HSI in Atlanta.
U.S. Attorney for the Northern District of Georgia Sally Quillian Yates said of the case, "The evidence showed that this was a case of modern day slavery hidden within an expensive home in an upscale neighborhood. The two women who were abused here thought they were going to be nannies; instead they were treated inhumanely. The laws of the United States protect all victims from such abuse, regardless of where they came from or how they came to be in the United States."
The evidence at trial showed that even though Bello's upscale home had multiple bedrooms and bathrooms, Bello made the young women sleep on the floor or a couch, would not let them use the shower, but instead required them to bathe with the water in one bucket. Even though the young women cooked all of Bwllo's meals, they were not allowed to eat the food they cooked, as Bello made them eat cheaper food or, sometimes, food that had spoiled and was moldy. "Laome" testified that she often threw up from the food Bello made her eat, and that at on at least one occasion, Bello made her eat that vomit.
In Washington, D.C., Thomas E. Perez, Assistant Attorney General for the Civil Rights Division, said, "The defendant both physically abused and psychologically intimidated these women for her own personal gain. The Department of Justice will continue to vigorously prosecute individuals who force persons to do work against their will."
The evidence also showed that the victims were sleep deprived, and forced to be on call for Bello's child all night. The women were given ceaseless tasks such as mopping the floor with rags, washing a privacy fence in Bello's backyard, cutting the grass with a tool called a cutlass, described as a long knife blade with a wooden handle, and washing the clothes and linens by hand in a bucket. Bello would not let the young women use modern appliances such as the washing machine, dishwasher, or the lawn mower. The evidence showed that Bello never sent the young women to school as she had promised and never gave them any money for their years of work. Bello made the young women totally dependent on her for all their basic necessities and would not let them interact with anyone without Bello being present. "Dupe" finally saved up $60, given to her by friends of Bello, and called a cab. She was assisted by pastors at a church in Marietta after taking the cab to the church.
Brian D. Lamkin, special agent in charge, FBI Atlanta Field Office, said, "The FBI worked very hard to not only apprehend Ms. Bello, who had previously fled the U.S., but to provide the much needed assistance to the victims, one of whom hadn't seen her parents in ten years. The close coordination with the many law enforcement agencies and the U.S. Attorney's Office in bringing Ms. Bello to justice is a testament to those agents that work these difficult and emotionally exhausting human trafficking cases."
Bello moved out of the United States during the investigation. She was indicted on the charges in September, 2010. She was found and arrested at Bush Intercontinental Airport in Houston upon re-entering the United States.
Sentencing for Bello has been set for Aug. 24, 2011, before U.S. District Judge William S. Duffey, Jr.
The two forced labor charges and the two labor trafficking charges carry a maximum sentence of 20 years in prison and a fine of up to $250,000. The two document servitude counts carry a maximum sentence of five years in prison and a fine of up to $250,000. Lastly, the alien harboring count carries a maximum sentence of 10 years in prison and a fine of up to $250,000.

Tuesday, June 14, 2011

She have a USA Imigrant Visa and been there exactly 4 years and 6 months

Q: I am from the philippines and had a fiancee in the usa. She have a imigrant visa and been there exactly 4 years and 6 months. I would like to ask what should be our next step so that we could be together in usa. Our original plan is we wait for her american citizenship and petition me for a fiancee visa. Is there any other way? Thank you for all the help you can provide me

A: Yes, this sounds like a good plan. Provided that your fiancee meets all U.S. naturalization requirements, she should be able to apply for U.S. citizenship in a matter of months. Usually, one can apply 3 months in advance. When she is a U.S. citizen, she will be able to petition for you.

If you are thinking about Fiance visa, she will need to prove that you two met in person at least once within the past 2 years. If a spousal visa, you will need to marry in Philippines and then she will go back to USA (alone) and petition for you from the USA.
 

25 years student on expired Visa (Mother is U.S. Citizen)

Q: In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15 - DREAM act hopeful). I went through 4 yrs of high school, got my HS diploma followed by an associate degree from a community college and now I'm a senior at an university; will graduate end of this year.


My mother was married to a U.S. citizen in 2005 but she waited till she became a permanent resident to file for mine because she was told by the lawyer that I could get deported if she filed mine with hers. By the time she became a permanent resident and filed for my papers, I was aged out. I was born in 10/13/1985 and my I-130 was filed on 12/08/06 right after I turned 21, which means I don't qualify for CSPA anymore.

When my mother became U.S. citizen simultaneously my I-130 was approved and now waiting for the visa availability; the priority date is Dec 08, 2006, F1 but F1 has been May 1, 04 for a while. USCIS agent told me to file I485 when the visa availability becomes current but people on forums told me that it won't help anyway and my only out is to marry a citizen or wait till September to have resided here for 10 years without causing any trouble (no criminal history).

Now, many people ask me why my mother didn't file for my papers with hers and I would be citizen or permanent resident by now etc. But that's in the past. Now that I can't qualify for CSPA, what can I do? By this September, I will have resided in the U.S. for 10 years undocumented, this really sucks, I can't do anything other than going to school. What are my outs? Your help will be greatly appreciated.

A: The only realistic solution is obtaining permanent residency through valid and bona fide marriage to a USA citizen. The DREAM Act hasn't been approved and hasn't become a law yet. If and when it becomes a law, you can possibly have some additional legal options.

Your mother couldn't have petitioned for you when she applied for a green card because you were 19-20 years of age when she got married. Her subsequent petition doesn't help you much because you are out of status, and in this visa category under circumstances, adjustment of status will not be allowed (even if priority date is current).

There is no independent right to apply for a green card after being in USA illegally for 10 years - this is so called "urban legend". What people probably meant is that some people in removal/deportation proceedings can apply for cancellation of removal (one of the requirements is at least 10 years of uninterrupted residence).
 

A Guide to Filing Form I-140 USA Immigration Rules

In order to earn the permission to work in USA, a migrant has to be a beneficiary of an Immigrant Petition for Alien Worker, or Form I-140, which is an employment based immigration visa. Though getting the approved Form I-140 does not alter your status as a non-immigrant in US, it allows you to work in US for the certain period sponsored by your employer.
 

Friday, June 10, 2011

ICE is recruiting special agents from June 7 to June 11

If you're searching for an opportunity to serve your country…if you have an affinity for action, excitement and challenge…if your goal is to work with a cadre of men and women trained to uphold customs and immigration laws, then becoming a Homeland Security Investigations (HSI) special agent could be for you.
Homeland Security Investigations (HSI), the criminal investigative arm of U.S. Immigration and Customs Enforcement (ICE), is recruiting new special agents from June 7 to June 11, 2011. Individuals can apply online at USAJOBS.gov.

ICE HSI special agents are criminal investigators who undergo rigorous and specialized training. They investigate the illegal movement of people, money and goods at our nation's borders, within the United States and abroad. They also target terrorists and other criminal organizations who threaten our nation's security like narcotics smugglers, gang members, human traffickers, intellectual property rights violators, money launderers and child predators.
Being a special agent isn't easy. Dangerous criminals operate 24 hours a day. The same holds true for the special agents who investigate and apprehend them. These dedicated men and women are on the front lines guarding national security and protecting the public.
If you're seeking a career in which you can truly make a difference, and you're up for the challenge, visit USAJOBS.gov.

Govt to prosecute fraudulent immigration lawyers, notarios, scammers.

Immigration officials are teaming up with federal and state prosecutors, the Federal Trade Commission, lawyers' groups and immigrant advocate organizations in a new nationwide effort to combat an epidemic of schemes by people posing as immigration lawyers.

The campaign, which will begin in Washington on Thursday, is an effort by the Obama administration to step up one form of assistance to immigrant communities, which have intensified their criticism of President Obama as they have faced a record pace of deportations in the last two years.

Federal appeals courts in New York, California and other regions with major immigrant populations have been deluged with cases of immigrants who sought legal status through the courts, but ended up in labyrinths leading to deportation because of incompetent or fraudulent lawyers.

The effort involves government advertising to alert immigrants on how to recognize fake lawyers and consultants, and an effort by prosecutors to bring criminal cases to serve as examples. A program by the immigration court system will expand the number of local nonprofit organizations trained and certified to provide basic legal services to immigrants.

The initiative is led by the USCIS, Citizenship and Immigration Services, the federal agency whose director, Alejandro N. Mayorkas, is a former federal prosecutor in California. In that position, Mr. Mayorkas said in an interview, he had brought a number of cases against people illegally practicing immigration law. He said it was "heartbreaking" to learn, when he came to the agency in Washington, that the problem had not abated.

Since January 2010, the immigration agency has tested the program in pilots in New York, Los Angeles, San Antonio and four other cities.

In New York, Wilmer Rivera Melendez, a Puerto Rican with a criminal record including a conviction for bigamy, coaxed as much $75,000 each from 14 immigrants from Guyana, claiming he was an immigration lawyer with two decades' experience. Most of the immigrants were in deportation proceedings by the time New York state prosecutors stopped him. Mr. Rivera was sentenced in January to two years in jail.

In another case that convinced officials of the need for wider action, the Federal Trade Commission filed a complaint in January in Nevada against a company called Immigration Forms and Publications, which created a Web site designed to look like the Citizenship and Immigration Services site, complete with an image of the Statue of Liberty. Telemarketers working for the site collected hundreds of thousands of dollars in fees for visa forms and services that immigrants believed were going to the federal agency.

A more common and persistent problem involves notarios, a Spanish word referring to a type of accountant. Although notarios can perform legal functions in many Latin American countries, they have no authority to act as lawyers in the United States. Also, sometimes tax accountants in immigrant communities will offer immigration services they are not qualified to provide.

"Oftentimes, no documents have been filed for the immigrants, or they have been filed wrong and kicked back," said Reid Trautz, director of the practice and professionalism center of the American Immigration Lawyers Association. "It is a very good thing that a coalition of agencies is coordinating to take this on," Mr. Trautz said.

Malaysia is considering amnesty for illegal immigrants

Malaysia is considering what could become its largest-ever program to legalize
illegal immigrants.

There are estimated to be as many as two million illegal immigrants in this
Southeast Asian country, which relies heavily on foreign labor.

The plan, which is expected to be discussed at a cabinet committee meeting
Wednesday, is designed to help the government keep track of foreign workers in
the country, which could improve national security, reduce human trafficking and
increase tax revenues.

Economists say the effort to grant amnesty to illegal workers would also help
make Malaysia more attractive to investors because it would increase the legal
labor pool. Employers have long complained about labor shortages in Malaysia, a
country of 28 million with an unemployment rate of 3 percent in March. Many
Malaysian industries, including the plantation and construction sectors, depend
heavily on workers from Indonesia, India and Myanmar. Malaysia has about two
million legal foreign workers.

Immigration Questions about i-485

Q: Can you still file, and get aproved for i-485 even if you have an expired passport?
 
A: Yes, you can. What matters most is not an expired passport but the manner of admission to the United States and overall eligibility for adjustment of status. Some categories of the applicants are eligible for adjustment of status even after expiration of their status (and/or passport), while others are not eligible.

American CPA or Tax Attorney

Q: I am a US citizen in the final stages of getting my 3 british children to USA and as part of the next process the immigration are asking for my tax return however I missed the deadline and did not manage to complete it, can I still go ahead with the application or can I continue without this. I am living in UK at the moment and I also need to complete an affidavit of support, would it speed up the process if I appoint someone else who has completed their tax return and have them be an affidavit of support.

A: As a US citizen petitioner, you have to submit an affidavit of support for the people you petition for. You might be able to find an additional sponsor, so called joint sponsor. However, having a joint sponsor still requires you, a petitioner, to submit your own affidavit, copies of the tax returns or explanation as to why you were not required by law to file taxes if applicable. Missing the deadline to file tax returns is not an acceptable excuse. You need to talk to an American CPA or Tax Attorney.

Thursday, June 2, 2011

H-1B Cap Count Update May 26, 2011

 
As of May 26, 2011, approximately 13,100 H-1B cap-subject petitions were receipted.

In addition, USCIS has receipted 9,000 H-1B petitions for aliens with advanced degrees (Masters or higher).

E1 Visa and its Benefits

Throughout the history, we have seen United States have signed innumerable treaties, especially treaties strengthening "Friendship, Commerce and Navigation" with other countries. The sole purpose of these treaties was to encourage trade and investment and maintain good and peaceful relation between the country signing the treaty and US.

The E1 visa is a non-immigrant visa which allows foreigners, from a nation which has signed such a treaty with the US, to enter the US and establish international trade. This visa can be issued to any national or company from a treaty nation.

New J-1 Visa website launched today June 1, 2011

US Department of State Bureau of Educational and Cultural Affairs launched a new J-1 Visa Exchange Visitor Program website on 6/1/11.

http://j1visa.state.gov/