Immigration Law and Immigration Reform:

Why you need an Immigration Lawyer Now.

There has been much in the press lately about immigration law and immigration reform. In fact, there are so many laws recently enacted or under consideration on the federal, state and local level that only lawyers engaged in the practice of immigration law have a clear picture of exactly what is actually in place regarding active law in the community where you live.

Texas Law

In Texas for example, several communities have enacted or attempted to enact various forms of landlord tenant legislation or regulations to monitor and track the legal residency status of tenants in rental communities. Some of these regulations have been challenged and brought down while others have succeeded. In many other places regulations have been put in place or have been attempted to monitor and track the legal residency status of grade school, middle school and high school students and their families. There are now numerous regulations and guidelines for college student loans and grants and still many more which attempt to regulate the hiring practices of all types of employers as it regards the legal residency status of employees. There are ramifications for weddings, permits and professional licensing and these vary geographically all across the U.S.

Anyone who has questions about how these rules and regulations affect them and their families can no longer rely on their community of friends and family to provide safe guidance. Only a licensed legal professional who specializes in immigration law can help sort through the piles of rules, regulations and laws that govern each specific instance where an immigrant may come in contact with the legal entities that regulate and monitor virtually every aspect of life in the United States. If you are a legal resident, these are issues which you don't need to be concerned about in most cases unless you are a landlord or employer. However, anyone who is not a legal resident will find their lives filled with challenges on a daily basis that can cost them their livelihood, home or their freedom.

Legal Resident

If you are not a legal resident of the United States the smartest option for you is to find a trustworthy immigration law attorney with whom you can confide from time to time. You don't need to pay them a retainer for services unless you actually need their assistance. However, it is best to be prepared in the event that you do.

You should not engage in any work activity that you think may put you in jeopardy of breaking any US immigration law without first consulting a legal authority that can help clarify your position and advise you on the best course of action.

Immigration reform

In today's turbulent times of immigration reform, many people are under scrutiny that never had their integrity challenged in the past. Your best course of action to avoid problems and possible deportation is to find a good immigration attorney you can trust to be on your side whenever you need assistance understanding current immigration law and immigration reform efforts in your own local area.

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New US Rule Presents Hope to Unlawful Settlers

Some experts on the US immigration policy claim that the work visas that young unauthorized migrants may start applying for soon--thanks to a fresh government policy--will enable the US firms/job-providers to use the skills and qualifications of a large number of young educated workers whose skills and expertise could not be harnessed or utilized properly earlier.

In the backdrop of the incumbent administration on the verge of putting its fresh program in place, an impartial association in the US Capital, Washington DC, claims that 140,000 unlawful immigrants in the country are enrolled in the various colleges of the US. An extra 80,000 already possess college degrees.

One such person, with Venezuelan roots, who has been staying in the country unlawfully since age 11, is among those excited about the fresh prospects. Earlier, he worried that he would have to spend the remaining period of his life working in an ice cream shop notwithstanding the fact that he has a Bachelor's Degree in International Affairs & Political Science from an American University. He reportedly added that receiving a work visa would be wonderful, as it would enable him to look for work on Capitol Hill and save sufficient funds to assist him do a Master's Degree.

Meanwhile, the critics and detractors of the new policy claim that the move is highly ill-timed, in the backdrop of a gloomy job market which, they allege, is particularly bleak for those US nationals who are below 30, and who lack college degrees. In this connection, one such person was quoted as saying that all talks of supposedly utilizing wasted talent do not make much practical sense. He added that--by placing extra unlawful overseas people up against them as rivals--the America President is destroying the workers of the country.

However, as suggested by some reports, such acidic attacks have failed to lessen the excitement of many young people who stand to benefit--thanks to the new policy. One such person, who concluded High School in 2011, was quoted as saying that earlier she had not been doing anything, and that her life was on some sort of suspension. However, now she has something productive to do with her life.

Reports suggest that nearly 800,000 unlawful settlers are enrolled across the various schools of the US, even as half-a-million of them are below 15. Close to 350,000 young unauthorized overseas people--aged 16 and above--have neither high school diploma nor corresponding credential even while they are also not suitably enrolled to receive either.

The supporters of the new rule add that possessing a work permit may also prove helpful to those illegal settlers whose aspirations of college earlier remained unfulfilled--the reason being they could not pay for tuition with the low-income jobs. It needs to be mentioned that such people are usually not entitled for in-state tuition at state universities even while the American laws also prevent them from receiving both federal grants & loans for college.

They (supporters) add that work visas will also serve as an evidence of lawful dwelling, enabling young overseas people to get the highly useful driver's licenses-an instant help as they may search for job-openings in places where public transportation may not exist.

Such people may also get Social Security numbers. When the incumbent US president first declared the new policy, the owners of several small enterprises had commended the change, saying the same would make it comparatively simpler for them to obey the laws that require them to thoroughly check the officially permitted position of their workers.

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US K1 Visa

K1 Visa

A K-1 visa is a nonimmigrant visa which permits the fiancé(e) of a United States (U.S.) citizen (petitioner/sponsor) to travel to the U.S. and marry the petitioner. The marriage must take place within 90 days from arrival to the U.S. Since the K-1 visa holder is permitted to immigrate to the U.S. and marry, he or she must meet some of the requirements of an immigrant visa.

Pursuant to U.S. immigration law, fiancé(e) is defined as one who has received an approved Petition for Alien Fiancé(e), Form I-129F and to whom a nonimmigrant visa has been issued for travel to the U.S. in order to marry his or her U.S. citizen fiancé(e).

In general, the petitioner and his or her fiancé(e) must have met in person within the past two (2) years.

Processes Involved in K-1 Visa Application

Filing of I-129F Petition

The sponsor must file a Petition for Alien Fiancé(e) or I-129F Petition with the U.S. Citizenship and Immigration Services (USCIS). The petitioner should see to it that all information is correct and all documents are real and not forged. Otherwise, the petition will be disapproved. Worse, all future petitions of the petitioner will be jeopardized.

Upon approval by the USCIS, the petition is sent to the National Visa Center (NVC). The NVC will assign a number which will serve as an identification or reference number for the petition. Afterwards, the NVC will forward the petition to the U.S. Embassy or Consulate where a K-1 nonimmigrant visa is applied for.

Visa Application

If the beneficiary of the petition lives in Thailand and once the U.S. Embassy here in Bangkok receives the petition, specific instructions will be given to the Thai fiancé(e). Included in the instruction is the submission of certain documents and/or forms, where to go for the required medical examination and others as deemed necessary.

Also, eligible children of K-1 visa applicants may apply for K-2 visas to which a separate application must be submitted and a separate visa application fee is paid.

Processing time

The ideal processing time for K-1 visa is from six (6) to eight (8) months. The time frame varies depending on the personal circumstances of the petitioner and Thai fiancé(e) or caseload of cases with the participating U.S. agencies/offices.

If the petitioner is a member of the US military, the petition may be expedited and may take less than 6 months of processing.

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The Diversity Visa Lottery

With the talk of immigration reform, there has been a lot of discussion of the diversity visa program. Some reform proposals call for the increase of visas available for graduates with advanced degrees in science and engineering, but at the expense of eliminating the diversity visa program. So, what is the diversity visa program?

The idea behind the program is to make visas available to people from areas of the world where few people have immigrated to the United States. Currently 50,000 visas are available on an annual basis. If a country has sent 50,000 or more immigrants to the United States in the last five years, then those born in those countries may not receive a diversity visa. Based on this criteria, ineligible countries include Canada, Mexico, the Philippines, the Peoples Republic of China, El Salvador, Haiti and South Korea. In fact the only country in North America where natives are eligible to receive a diversity visa is the Bahamas.

The diversity visas are distributed by region, with the regions sending the fewest immigrants to the United States in the previous five years receive the most visas. The regions which currently receive the most visas under the program are Africa and Europe. No one country can receive more than seven percent, or 3,500, of the visas available for that year. The visas are distributed at random.

To apply, a person enters the lottery online during the registration period. Winning the lottery does not guarantee that the applicant will receive the visa. Rather, the applicant must meet certain additional requirements. The applicant must have graduated high school, or have spent two out of the last five years in an occupation requiring at least two years' training or experience.

A person does not need to meet the eligibility requirements in order to apply online. This has led to a number of disappointed lottery winners. That is, a person wins the lottery only to learn that he or she does not have the required education or work experience to receive the visa.

The diversity lottery has been in existence since 1995. Critics have argued that the system is unfair, as there are thousands of aliens present in the United States on temporary work visas who have to wait years for an immigrant visa to become available, while diversity visa winners receive their permanent residency based solely on chance. Critics have also argued that the program is susceptible to fraud, and that through the lottery terrorists could enter the country.

The House of Representatives has voted to eliminate the diversity visa program in 2005. However, the bill was never passed in the Senate. In September of 2012, another bill was voted on in the House which would have eliminated the diversity visa program in order to increase the number of immigrant visas for graduates with advanced degrees in science and engineering. While the bill received a majority vote, it was brought up on the suspension calendar, it required a two-thirds majority to pass.

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What to Do and What Not to Do When Filing for Deferred Action

The administration has implemented the deferred action process that will temporarily postpone the deportation of certain eligible undocumented immigrants from the United States and the USCIS is accepting requests from such eligible individuals. But the application filing process is not simple as it involves various steps.

Three different USCIS forms must be completed and sent along with the supporting documentation and fees, to a USCIS lockbox. As you cannot appeal, if the USCIS denies your request, it is wise to avoid mistakes while filling the forms. Incomplete forms and forms with mistakes will not be accepted, hence you may read the instructions before filling up the forms.

The three forms that must be filed are, Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization, Form I-765WS, Worksheet. According to the form instructions, the three Forms I-821D, I-765 and I-765WS must be mailed together, to a USCIS lockbox.

An application requesting deferred action must be sent along with an application for employment authorization. USCIS will not accept forms that are unsigned. So, make sure that you fill in all the required fields and sign Form I-821D and Form I-765, before mailing the forms. Remember to sign the forms, even if someone else fills the forms for you.

You need not pay for blank USCIS forms and you may download the forms from the USCIS website and remember to download the current version of the forms. Form I-821D and Form I-821 are both different and use Form I-821D, to request deferred action. Do not use Form I-821, as it must be filed to request Temporary Protected Status.

You may not e-file a request for deferred action and the completed forms must be mailed to a USCIS lockbox. Applications without the required fee will not be accepted and submit a check of $465 along with the application package. You may also choose submit separate checks of $380 and $85.

You must fill in your name, date of birth and address in the same format on Form I-821D and Form I-765 and do not leave any column blank. Supporting documentation that you mail along with your application play an important part, because the USCIS will decide whether or not to grant you deferred action only after reviewing the documents that you submit.

You can also label the documents according to the USCIS guidelines, as it will be easier for the USCIS to verify your documents. Fill the form using black ink, if you are completing it by hand or type your answers and then print your form. It is recommended to start over again with a new form if you make a mistake. Incorrect and illegible answers will lead to the denial of your request.

It is mandatory to understand the eligibility requirements for deferred action before filing an application. Your request may not be accepted if you do not satisfy the eligibility requirements. Requests from undocumented immigrants above age 31, will not be accepted by the USCIS. After you fill the forms, check your application package, before you mail it to a USCIS lockbox.

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Grounds of Inadmissibility for US Immigration (Employment Qualifications and Immigration Violators)

This article covers the grounds of inadmissibility for US immigration regarding Employment Qualifications and Immigration Violators.

Labor Certifications and Employment Qualifications

1. Persons without approved labor certifications, if one is required under the category under which the green card application is made.

- No waiver available

2. Graduates of unaccredited medical schools, whether inside or outside the US, immigrating to the US in a second or third preference category based on their profession, who have not both passed the foreign medical graduates exam and shown proficiency in English.

- Physicians qualifying as special immigrants, who have been practicing medicine in the US with a license since January 9, 1978 are not subject to this exclusion.)

3. Uncertified foreign health care workers seeking entry based on clinical employment in their filed (not including physicians).

- But applicant may show qualifications by submitting a certificate from the commission on Graduates of Foreign Nursing Schools or the equivalent.

Immigration Violators

1. Persons who entered the US without inspection by the immigration authorities.

- A waiver is available for certain battered women and children who came to the US escaping such battery.

2. Persons who were deported after a hearing and seek readmission within ten years.

- Conditions of waiver are discretionary with USCIS.

3. Persons who have failed to attend removal (deportation) proceedings ( unless they had reasonable cause for doing so)

- Advanced permission to apply for readmission. Conditions of waiver are discretionary with USCIS.

4. People who have been summarily excluded from the US and again attempt to enter within five years.

- Conditions of waiver are discretionary with USCIS.

5. Persons who have made misrepresentations during the immigration process.

- The applicant must be the spouse or child of a US citizen or child of a US citizen or green card holder. A waiver will be granted if the refusal of admission would cause extreme hardship to that relative. Conditions of waiver are discretionary with USCIS.

6. Person who made a false claim to US citizenship.

- Conditions of waiver are discretionary with USCIS.

7. Individuals subject to a deportation under the Immigration and Naturalization Act 274C (for Civil document fraud)

- Conditions of waiver are available to residents who voluntarily left the US and for those applying for permanent residence as immediate relatives or biased on other family petitions, if fraud was committed solely to assist the persons spouse or child and provided that no fine was imposed as part of the previous civil proceeding.

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