Saturday, December 8, 2012

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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Western Australian Skilled Occupation List 2011 - 2012

Western Australia - WA Skilled Occupation List 2011 - 2012 is the older edition that was released in 2011. This list is a generous expansion on older version and includes more trades that are in demand. The classes reflected in the list were intended to serve onshore and offshore migration applicants. With the implementation of SkillSelect the perspective of skilled migration has been completely transformed. Changes in functional aspect of immigration statutes have made this list more simplified and practical. A new tabulation to correspond new policy is yet to be released.

This state is more focused on extraction and processing of natural resources and lesser on manufacturing set-up. Besides the rapid expansion of basic sectors, a parallel emergence of tourism, construction, and other ancillary and service sectors is worth noticing. Like all other states of Australia Health care has been a prominent social initiative in WA also.

This western province is a major contributor to the national GDP. Gross state produce is also higher than the national averages, making this state better off than rest of nation in terms of

• Gross state product per person

• Median individual income

• Median family income

With expanding commercial and non commercial sectors there is a consistent demand for the trained work force to enter the state to work and settle down. Domestic recruitment sources have proven to be insufficient, which has prompted the local authorities to formulate an endorsement program in coordination with department of immigration and citizenship - DIAC to encourage overseas skilled migration. Under endorsement scheme, provincial authorities select aspiring migrants for sponsorship on basis of aspirations and swings in local labor pool.

Skilled Trade List of WA plays a pivotal in the state sponsorship program. This list is expansive and covers all attributes of occupational premise. The latest edition to correspond new SkillSelect platform and amendments in skilled migration program is yet to be launched, so currently list pertaining to year 2011-2012 is being used for occupational reference codes.

The skilled professions register has references to various trades facing chronicle expertise deficit and covers all aspects from white collar jobs to blue collar employment possibilities. One thing that must be noted here that this schedule is a generic list and does not however promise an applicant a sure shot job. After being endorsed by the state government, you have to look for a job on your own or work anywhere else till you get the requisite employment. You must also arrange necessary licensing from relevant licensing agencies, if applicable.

The trade tabulation covers sectors such as

• Metal industry

• Health care

• Education

• Aviation

• Tourism

• Agriculture

• Construction

• Infrastructure etc.

Western Australian Trade List has references of relevant evaluating agencies. These agencies are responsible for conducting a correlation study on your educational achievements and professional endeavors and advice DIAC.

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The Dred Scott Case and the Fourteenth Amendment

The fourteenth amendment to the Constitution grants United States citizenship and also citizenship of the state where an individual is born to those born within the boundaries of this country. This amendment was adopted in 1868, as a means of securing the rights enacted in the Civil Rights Bill of 1866, following the end of the civil war. Both the Civil Rights Bill and the fourteenth amendment were a result of a Supreme Court decision reached in 1857, known as Dred Scott vs. Sandford, and had to do with the issue of citizenship for freed slaves.

Scott was a slave, born a few years before 1800, and owned by Peter Blow. He was taken by his owner, to Missouri, in 1820. Peter Blow died, and Scott was purchased by Dr. John Emerson, a United States army surgeon, and taken to Fort Armstrong, Illinois. Illinois was brought into the United States, in 1819, under the provision that slavery was forbidden in that state. Dr. Emerson was then moved to Fort Snelling in the Wisconsin territory, where slavery was "forever prohibited". During his stay in Fort Snelling, he married Harriet Robinson. Marriage was seen as a contract, and a slave could not enter into a contract, nor marriage. The entering of the marriage contract in a free territory was one of the main underpinnings of his claim of freedom.

Dr. Emerson was assigned to Louisiana, and en route, a baby, Eliza, was born on a boat on the Mississippi River, within the Iowa territory, which also prohibited slavery. Dr. Emerson later died in 1843, and for three years, he continued to work for his widow. When he attempted to purchase his freedom from his owner, she refused, and he began seeking legal recourse for obtaining his freedom.

The first case was heard in a court in the Missouri territory, which had been favorable toward slaves, and this was believed to be an easy case to win. However, on a technically of not providing a witness that he belonged to the widow Emerson, he lost his case. Higher courts refused to overturn the decision, and the case eventually reached the Supreme Court of the United States.

The questions that the Supreme Court sought to answer in three points. The first was whether or not Dred Scott had the ability to be heard in federal court, because he had not yet been proven to be a citizen in any state. The second was whether the United States could grant citizenship to a person not having first been granted state citizenship. The final question was whether or not living in a free territory was basis for claiming free status.

On the last point, the decision was that his return to the Missouri territory overrode the time he spent in free territories, and therefore, he was not a free man. The decision led to the eventual passage of the fourteenth amendment, which in part, overturned the ruling. The question remains today over who becomes a citizen under the fourteenth amendment.

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Are You Consulting Immigration Lawyers?

Only immigrants can tell how bothersome and tiresome it can be to locate reliable, successful and competent immigration lawyers and then schedule consultation sessions with them, all the while trying to get your case solved. The purpose of immigration lawyers is to help their clients with their issues and solve their problems. They might have to fight for their cases in the court. Although immigration lawyers do their best to fight for their clients and get a successful outcome, their clients are also just as anxious and worried. The immigration problems make immigrants run to lawyers in order to seek help for navigating through the laws. Immigration lawyers deal with various branches of immigration law. They could be aiding their clients with family immigration, issues with the green card, employment visas or deportation. There are various other facets of immigration law. Different lawyers deal with different fields of law and hence you must schedule a consultation with the one who specializes in dealing with your type of case.

Most countries have their own local bar associations that have detailed information about lawyers. Such bar associations are a good source for locating lawyers, because they provide a kind of service to their public. The client in need of a lawyer has to call up the bar association and get contact information of lawyers. When the client calls the bar association he or she will have to describe the case with a few required details. This will help the bar association operators to give information about the right kind of immigration lawyers, who deal with the kind of cases that the client is looking for. The bar association's job is to give the phone number as well as the address of the immigration lawyers, who could help him or her.

Another source of gathering information of lawyers is the internet. One can go through a lot of different websites that will provide valuable information about various immigration lawyers practising different branches of immigration law. A lot of websites can give a list of all the immigration lawyers found in the local region of the person visiting the site. Hence, internet is also a valuable source of gathering contact information.

Whatever the source of gathering contact information about different immigration lawyers, the next step is to call them and schedule a face to face meeting. However, before one goes for such a consultation session, there are a few tips to make the consultation worth the time and visit.

The client must first gather and arrange all the legal documents that might be required by immigration lawyers. Lawyers may ask documents such as green card, visa application or passport etc. The client must make sure that he has all these documents arranged in a file before meeting. Going prepared and planned will make sure that your visit to the attorney does not go in vain just because you did not carry required documents. It will also help you to avoid unnecessary trips to the immigration lawyers.

The last step is to meet the lawyer at the scheduled time. The client must take all his documents with him on the first consultation session. The lawyers will inspect all the documents thoroughly. During consultation the client will have to describe his case and the entire situation to the layer in detail. The lawyers will ask a few questions. During this question and answer session the client must clear all his doubts.

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Immigration Reform and Control Act and the Effect on the Labor Market

The immigration laws, passed in the twentieth century, that shaped the inflow of people from other countries started with measures to deal strictly with numbers, and not work-related skills. Two laws were enacted in the 1920's that imposed quotas on people entering the United States from other countries. They were the Emergency Quota Act of 1917, and the Immigration Act of 1924. The former, passed by Woodrow Wilson and an overwhelming majority in Congress, barred entry of "undesirables" including those with mental illnesses and those under sixteen years of age who were illiterate. That law also introduced a reading text as a condition of citizenship.

The Bracero Program of 1942, passed into law by Franklin Roosevelt, was a migrant worker program, allow workers from Latin America entrance into the United States for agricultural work, only. Immigration and Nationality Act of 1952, added deportation to those suspected of being a Communist sympathizer. The Immigration and Nationality Act of 1965 was the first law to do away with quotas based on national origin, and to favor those with family already in the country. This law also did away with the those entering under the Bracero Program, and created the first wave of illegal immigrants from Latin America, due to the inability to enter under the migrant worker program.

The Immigration Reform and Control Act, or IRCA, was setup to deal with the influx of illegal workers who began to enter the United States larger after the repeal of the migrant worker program. The law stated that employers who knowingly hired illegal workers would be held liable. The law also established the I-9 form as a means of verifying status for working eligibility.

The immediate impact that the passage of the IRCA had on hiring practices was negligible. Employers continued hiring practices with those of unknown status, and the I-9 forms were not aggressively enforced. There was a move to the hiring of subcontractors as opposed to direct hiring. This allowed the employer to not have to deal with the status of the workers. Rather, the subcontracting firm was responsible for legal status of its workers. The laborer suffered a decrease in wages, as subcontractors held a portion of the worker's pay to cover overhead expenses.

The reform act known as IRCA is still in force, today. Little is being done to verify the information supplied on the I-9 forms. When a worker is suspected of not having legal status, the enforcement is largely imposed upon the laborer, and not on the employer. There is need of reform of the immigration laws to come into line with practice, or for stricter enforcement of statues currently in place. Having one set of laws, and a separate practice for enforcement is not a good way to control immigration.

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J-1 Physicians Part 2: The Interested Government Agency (IGA) Waiver - ARC and VA Waivers

The third and most common J-1 waiver is the Interested Government Agency (IGA) waiver. If a government agency requests a waiver of the foreign residency requirement for you, then it is almost always granted. Currently, there are five IGAs who consistently request waivers for foreign medical graduates:

Appalachian Regional Commission (ARC) waiver (federal agency); Department of Veterans Affairs (VA) (federal agency); United States Department of Health and Human Services (HHS) (federal agency); Delta Regional Authority State Health Agencies under the Conrad 30 program.

In this article we will be discussing the ARC waiver and the VA waiver.

Appalachian Regional Commission (ARC) Waiver

Although Congress passed legislation in late 2004 which allows federal agencies to sponsor waivers for specialists, the ARC waiver requires you to practice at least 40 hours per week as a primary care physician for a minimum period of three years at a health professional shortage area (HPSA) facility located in the Appalachian region. The Appalachian region includes Alabama, Georgia, Kentucky, Maryland, Mississippi, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia and West Virginia. The ARC defines "primary care" as internal medicine, family practice, pediatrics, obstetrics and gynecology, and general psychiatry.

You will be required to sign a three-year employment contract that includes a $250,000 liquidated damages clause. This means that you will be required to pay a $250,000 penalty if you quit the job before the end of the term.

Your employer sponsor must also submit documentation of recruitment efforts for the six months immediately preceding the date of the employment contract. These recruitment efforts must include notification of the job opening to all the medical schools/residency programs located in the state where the job is located. Finally, the waiver request must be accompanied with a letter from the governor of the state in question.

Department of Veterans Affairs (VA) Waiver

The VA waiver is available to physicians coming to work in facilities run by the Veterans Administration. Unlike most of the other IGA waivers, the VA waiver is not restricted to primary care physicians nor must the facility be located in a HPSA. However, the VA will only sponsor you for a J-1 waiver if your services are necessary for the continuation of a specific program and the VA's efforts to fill the position with a U.S. physician have failed. In that vein, the sponsoring VA facility must submit extensive documentation of national recruitment efforts for the 12 months prior to submission of the waiver application. In addition, you must sign a minimum one-year employment contract.

Please note that although the VA waiver only requires a one-year contract, you must practice with the VA for at least three years to comply with the USCIS waiver requirement.

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Re-Entry Permits and Immigration

Being an immigrant makes a number of things difficult. Immigrants must deal in their daily lives differently than citizens and permanent residents do. One seemingly simple task that is actually incredibly difficult for immigrants is leaving the United States temporarily and then attempting to return. There are many reasons why an immigrant to the U.S. might want or even need to leave the country. That individual might have family or other important business they need to attend to. Unfortunately, many have to put off their plans to temporarily leave the United States. Are there any viable options available to immigrants?

The good news is that immigrants can lawfully leave and return to the United States, but they must have the proper documentation and paperwork to do so. It may be difficult to obtain the correct paperwork without the help of an attorney, so it is highly advisable to speak with an immigration lawyer in your area. According to the United States Citizenship and Immigration Services (USCIS), immigrants must fill out an I-131 application form called the "Application for Travel Document."

This form may be filed online and must be sent to one of the predetermined USCIS filing addresses. There is a filing fee for those who wish to obtain this application. In most cases, the fee is $360 but there are sometimes additions and exceptions under some circumstances. Keep in mind that this is an application, and not an automatic license. It may be particularly difficult for those with a criminal record to have their applications for re-entry granted. Applications can be denied in some circumstances. In these scenarios, immigrants may be able to start the reentry process over or file an appeal. Although these may be viable options, time is usually not on your side.

Immigrations issues are notorious for being time sensitive and incredibly intricate. According to USCIS, expediting immigration paperwork may be possible, but these are only permitted on a case-by-case basis. They list the following criteria that typically warrant expediting approval: severe financial loss, emergency situations, humanitarian situations, national interest situations, USCIS error or other compelling interests of the USCIS. As an immigrant, you may feel as if the battle being waged is you against an entire country. Why not get the help of an expert on your side? Thousands of immigrants have been helped and allowed re-entry into the United States after they procured the services of an immigration attorney. You may heavily want to consider this option.

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Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion

With immigration reform stalled in Congress, the Obama Administration has taken to implementing reform through piece-meal exercise of executive discretion. While the humanitarian intent of the President's actions is laudable, the manner by which he has implemented reform raises numerous questions.

Movement toward reform began in June of 2011, when Immigration and Customs Enforcement (ICE), the agency charged with seeking the removal or deportation of illegal aliens, issued a memorandum with guidelines for the exercise of prosecutorial discretion. Much like how a police officer has the discretion not to arrest everyone the officer sees breaking the law, ICE's various Chief Counsel offices have the discretion, as the prosecutors of immigration enforcement, to choose which cases it will pursue through the Immigration Courts for removal.

Through the memorandum, ICE announced that it would concentrate its enforcement resources on certain aliens, such as those with a criminal record, while other aliens guilty only of illegal presence, could apply to the Chief Counsel's offices to dismiss their case.

Critics of the President charged that he was seeking amnesty of illegal immigrants, without congressional approval. In practice, many immigration attorneys have charged that the Chief Counsel's offices have not gone far enough, tending to offer prosecutorial discretion in only those cases where the Government was likely to lose in court.

A year later, in June of 2012, Homeland Security Secretary, Janet Napolitano, announced the Deferred Action for Childhood Arrivals (DACA) program for certain aliens who were brought to the United States before their 16th birthday, and who have either been schooled in the United States or honorably discharged from the U.S. Armed Forces.

Deferred action is merely a promise that the Government will not seek the deportation of an alien who is otherwise removable from the United States. Advocates note that DACA is only a half-measure, since it confers no legal status, and is not a path to permanent residency or citizenship. Indeed, under the DACA program, recipients must re-apply every two years. Nonetheless, the Government is authorized to grant employment authorization to successful applicants.

Critics charge that having failed to push the DREAM Act through Congress, which would have granted a path to permanent residency and citizenship along roughly the same lines as the DACA program, the President is circumventing the Constitution to implement many of the DREAM Act's provisions.

Most recently, on September 27, 2012, in a letter to U.S. Representative Jerrold Nadler, Napolitano announced that ICE would consider long-term same-sex partners to be U.S. "relatives" for the purpose of deciding whether to grant prosecutorial discretion. Whether an illegal alien in removal proceeding has a U.S. relative, such as a U.S. citizen or permanent resident spouse or child, is a positive factor ICE considers in deciding whether to exercise prosecutorial discretion.

This latest policy announcement is probably where the Administration is most susceptible to the charge of overreaching. With the Defense of Marriage Act still the law of the land, the U.S. Government is prohibited from granted green cards to foreign-born spouses of U.S. citizens or permanent residents, even if the couple were married in a state or country where same-sex marriage is legal. The move lends credence to the argument that the Obama Administration will ignore the Constitution when convenient to pander to certain constituencies. It also creates a sort of schizophrenia where the U.S. Government will recognize same-sex partners as relatives for some immigration purposes, but not for others.

The patchwork of immigration reform has been less than satisfying for some immigration advocates. Because the reforms are based on acts of executive discretion, and not on the passage of any law, the reforms are susceptible to change or even termination at the whim of the Administration. If Obama were to lose the election, there is also the question of whether a Romney Administration would continue with the programs, or use the information gathered to push for the removal of those who received discretionary relief. The reforms, then, fail to provide a permanent solution to the very aliens they help. In some instances, the reforms have been implemented unevenly.

True, meaningful reform must come from Congress, where it will have the force of law. However, with much disagreement over how to approach the presence of so many undocumented aliens in the United States, such reform is not likely to come soon.

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Tricks to Maintain Southwestern Area Rugs

About Southwestern Rugs

Southwestern carpets have their origin in the southwestern states. There are countless designs and patterns among southwestern rugs. They may be made from natural or synthetic fibers. Many of these rugs reveal the culture of the southwestern states. They even form very attractive tapestries. You may use these to decorate the walls of your passageways.

You must maintain these carpets clean so that they continue to look attractive. Make sure you follow methods that are suitable to the type of carpet.

Daily Maintenance Tips

Navajo rugs and other southwestern rugs lose their beauty over a period of time. This is because it gathers filth, dirt and dust. The dust particles spoil the grace of these carpets.

You must wash the Navajo carpet once every year. You can do this at your home. Make sure you do not use detergents that may spoil the appearance of the carpet. You may even take professional help if you find it difficult to wash it at home. Professional cleaners make sure that the initial grace of the rug is maintained.

DIY Cleaning Tips

In case you plan to clean the rug at your home, you must follow the user manual for the rug. Find out which tool is ideal for cleaning your carpet. You can then rent and appliance which helps you to clean your rug properly. If you have a Navajo rug made from synthetic fibers, here are some cleaning suggestions that may help you.

You may use the bonnet carpet cleaning method to clean the carpet. It is equipment with a pad that spins and eliminates all the dirt on your flooring.

You may also dry clean the carpet. This method uses dry absorbent chemicals that easily get rid of all the dirt. After the dirt is absorbed, the carpet is vacuumed. The best method is surely dry cleaning as your carpet is always dry.

Advantages of Cleaning the Southwestern Rugs Yourself

There are countless benefits in using this on your own. You can save a lot of money if you clean the rug all by yourself. You can be sure that your rug has not been exposed to any harmful chemicals. This is however, a tedious method and may sometimes be strenuous too.

Buy Southwestern Rugs from Online Rug Stores

You must conduct a thorough online research for Southwestern rugs. You must study the various types of southwestern rugs. You must also know what each rug signifies. You can then check out the various online rug stores for the countless options available. You must purchase fabrics that suit your home interiors. Select rugs which are affordable and which tend to last long.

Always purchase from reliable online rug stores that are known for the sale of Southwestern rugs.

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Creating That WOW Factor In Your Home On A Budget

Picture this scenario: You have just renovated your contemporary dining room and have installed a new fireplace mantel. You overspent on your renovation so you don't have a lot of money left for the accessories. You know an art piece over the mantel would be the perfect touch to pull the room together but you can't afford an original art piece that you would find in an art gallery and you don't like the look of a reprint. The reprints simply don't have the authenticity of the originals.

I can imagine many home owners can relate to this limited budget dilemma as most of us tend to "splurge" early on in our design project on those items we just have to have because they are perfect for the space! Towards the end of the design project not much is left for the few "missing touches".

You don't need a lot of money for a space to look good. All you need is a little imagination and a will to learn and to try new things. Instead of trying to purchase an art piece, try making one. Many designers that have art pieces done for a space simply because they are then able to customize and have it look exactly as they have pictured it in their mind. Also, it will be far more personal as it will be an original.

In order to complete this project, you will need a few art supplies such as a large canvas, some brushes and leftover paint. Do not use the same paint as your wall colour as you will end up with a painting that blends into your wall. The idea here is to create a "wow" factor, not a "blah - what is that?" factor! If you only have 2 colours, your primary and accent paint leftovers to choose from, mix up some different colours from your leftovers to create a wide range of hues. Once you have all your paint mixed, paint your canvas one colour throughout, then wait till it dries. This might take up to 24 hours depending on the paint quality. Once the paint is dry, then apply brush strokes in various motions across the canvas. Be creative and don't be afraid to go crazy. Abstract art is all about emotion therefore sometimes it helps to focus on a certain emotion while you are painting so that the final piece exudes that particular feeling.

Once complete, sign your name at one of the bottom corners and hang your art piece proudly over the mantel.

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