Thursday, November 29, 2012

All You Need To Know About Immigration Attorneys

There are many people in the world who want to migrate to the United States of America permanently. Similarly, there are people who want to migrate temporarily for higher studies, tourism, and business. The number of these aspirants is increasing day by day. There are many legal procedures involved in immigration to the United States. It will not be easy for you to handle the immigration processing even if you have all the right credentials. The attorneys for immigration are experts in immigration laws and assist people in seeking various categories of immigration to United States of America. There are a lot of intricacies involved in immigration process and you need services of an expert to succeed in your immigration plans.

Attorneys can help the aspirants in each and every step of the process. They can help people to become citizens of United States of America. They also help foreigners with the process of naturalization. They are essential for many issues like legal rights, and obligations for foreigners. You need services of these lawyers for various visas. They will help you with different petitions. They will assist you in religious visas, obtaining visa waivers, and during court proceedings for immigration. Refugees need expertise of these lawyers, and also do asylum seekers. They help people who have entered the country under different situations. They are involved in all the legal matters related to immigration.

Attorneys for immigration can help in getting work permit and green card. Getting work permit and green card is not at all an easy task, but these professionals know how to obtain work permit and green card. This is essential if you want to get a good job and earn decent money. There may be cases wherein people have come to the United States with holiday visa, but want to extend their stay in the country. These experts will know things to be done under such circumstances. They can solve all the problems related to immigration. They handle the entire immigration process on behalf of the client.

Immigration attorneys are highly educated lawyers. They generally spend three to four years in a law school after completion of their bachelor or master degree. A good base for this law course would be a bachelor and master degree in subjects like history, communication, journalism, political sciences, and social sciences. They also need to have good experience in dealing with immigration cases in order to be a top-notch professional in this field. Experience is required for dealing with government officials and court during immigration.

Attorneys are much sought after professionals these days. The experienced professionals with proven track record are like hot cakes. The demand for these professionals is likely to increase further in the future, as the number of migrating aspirants keep on increasing. These people will need and seek services of expert attorneys for their individual immigration issues. It also serves as a good option for students who are looking for a promising field for higher studies. They can be assured of lucrative career in this field after completion of their education and training. You will need high level of communication skills, if you want to make a mark as an immigration attorney.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Protect Your Green Card   Facing Deportation? An Immigration Attorney Is Your Best Bet   Why It Is Important to Use an Attorney When Immigrating to the United States   

7 Things To Look Out For When Migrating To Australia

Pitfall 1: Failing To Do Your Homework

Migration to another country is a big decision and one not to be taken lightly. Have you decided on which state to settle down in Australia? How will the state tax, education, housing and pay scale affect you and your family?

Solution: Explore firsthand what it is like to live in Australia and deciding which state to settle down. Arrange to go for a trip to Australia to experience the Australian lifestyle (i.e. weather, employment, housing, education system, etc.). Do your homework effectively and collect information about the state that you plan to move to.

Pitfall 2: Not Understanding The Constraint and Limitations Of Each Type Of Visa.

It is very important for you to understand what a visa allows you to do and not to do. For instance, certain type of visa may only allow you to leave and reenter Australia a certain number of times.

Solution: Make sure that you apply for a visa that matches what you would like to do in Australia. Have in mind of the specific requirements of each type of visa and how it matches your desire situation.

Pitfall 3: Not Knowing Which Visa Best Match Your Skills

Australia government offers various options for applicants who possess adequate experience and expertise in various professions due to the growing demand for skilled workers in Australia. You or your spouse must have the skills and qualifications that meet the Australian standard for an occupation on the Skilled Occupation List (SOL) or its equivalent. A list of skilled occupations of high value to the Australian labor market is upgraded and posted at least once a year.

Solution: Make a thorough assessment of the skills that you or your partner possesses in order to be eligible to move into Australia. If you are not sure of you or your partner's eligibility, take the FREE online assessment to quickly pre-screen your eligibility for Australia PR based on the criteria set by the Australian Department of Immigration and Citizenship (DIAC).

Pitfall 4: Undermining Sponsorship From Relatives

Having relatives who are based in Australia will give you additional points in your application. They can also sponsor you as an immigrant (subject to their approval) and can be a source of support when you relocate to Australia.

Solution: Be in contact with your relatives in Australia (if any). They may become your support when facing the initial challenges of migration and settlement.

Pitfall 5: Assuming That All Visa/Application Is The Same.

DO NOT just apply for any type of visa and DO NOT presume that every visa application is the same. The status of an immigrant application is unique and it is different from that of other applications. Visa applications on immigration are treated individually and on a case-by-case basis.

Solution: Make sure that you apply for the right type of visa subclass. If you are not sure of which type of visa to apply for, take the FREE online assessment to determine the type of visa based on your background and needs.

Pitfall 6: Failing To Keep Up With The Latest Migration Law

Australia's Department of Immigration and Citizenship (DIAC) has constant updates and changes to the immigration process. These changes come as often as every few months. It is important for applicants to ensure their application comply with the latest changes to deter any delays in their application process.

Solution: Make sure you get the accurate information from correct sources/registered migration agents. Do not pay attention to unfounded information and unconfirmed reports on matters related to Australia immigration. It is best to get advice from official sources or registered migration agents.

Pitfall 7: Working With Un-Registered Migration Agents/Migration Agents With No Local Presence

You must be careful in employing agents or engaging the services of visa providers, especially those who have no local presence. During the migration process, you will be entrusting many of your confidential documents to them, thus it is important to work with a migration agent that you can trust.

Solution: Do your homework. Migration is a major move with many confidential documents involved. Engage with a registered migration agent with local offices.

The 7 common pitfalls listed above can be avoided with proper guidance and resource. To access your Australia visa eligibility, take the FREE online assessment to determine the type of visa based on your background and needs.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Why It Is Important to Use an Attorney When Immigrating to the United States   

Benefits of Immigration and Work Permit Visa Screening Document Verification Program!

In order to enter the lucrative immigration destinations like America, Canada, Australia or in European countries or to remain residing there to be eligible for various immigration-related benefits, non-citizens (aliens) and work permit visa applicants goes down on to the dirtier side of the game. They actually forge the documents to stay in compliance with the immigration and nationality laws.

According to CNN crime report, document forgery and fake documentation usage is one of the foremost crimes in leu to immigration and work permit visas, where people are alleged to severe fraudulent charges, prison and deportation.

Employers are also facing a great deal of reputation loss when they find out that they hired an employee who have fake identity, fake driving license, fake education or even forged employment history. The liabilities of negligent hiring lawsuits are increasing as documentation forgery has become a million dollar business.

Usually in work permit visa issuance and employment, there are third parties or agents are involved who works as a bridge between work permit visa applicant and the employer. And mostly they are found alleged of advising the applicant to forge the documents to fulfill the requirements of the employer and the position applied.

Recently CBC News mentioned a story as, "The Canada Border Services Agency accused Bradley Jacobson and Kendall Schmidt of developing false businesses and using false documents to target more than 300 foreign nationals. The fake businesses and documents were used in order to bring would-be immigrants to Canada for a fee", the federal agency said.

Fox News mentioned a story as, "Authorities in New Mexico said they busted of a fraud ring that allegedly forged false documents for undocumented immigrants who wanted to obtain a driver's license".

Every single day the news papers and online news communities are filled with these types of news, daunting to the governments and employers for inland security, terrorism and reputation all together.

What are the Benefits Immigration and Work Permit Visa Screening Document Verification!

Ensures merit based immigration programs are not compromised or circumvented. Allows embassy and immigration department staff to concentrate on strategic and analytical activities. Protect national security. Ensures that only fully qualified persons are admitted to sensitive sectors e.g. medical or engineering. Enables all applicants to be treated uniformly and fairly. Acts as a strong deterrent to the commission of documentation fraud.

Conclusion:

Forged documentation is used by many aspiring immigrants and economic migrants to gain visas and work permits. This is unfair to well qualified applicants, undermines merit-based immigration programs and risks a public backlash against immigration policies. It also threatens national security when used by criminals and would-be terrorists to fabricate bogus identities.

Immigration document verification is the only reliable way to deter against ever increasing illegal immigrants and work permit visa applicant who uses fake documents to land a lucrative job opportunity for them.

Comprehensive immigration or work permit visa screening program will not only reduce the liability from the government authorities and employers but it can also help in nominating the righteous immigrants to enter the premises of their country and help employers to hire the best employees to fit in their organizations.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Facing Deportation? An Immigration Attorney Is Your Best Bet   

Can You Apply for Tourist Visa Pending K1 Visa?

We always come across with clients asking if it is possible to get a tourist visa, fly, and remain in the US while waiting for the decision on their K1 visa application mainly because of a relatively longer waiting time before they can be issued a visa.

Apparently, there is no law prohibiting one from applying for a US tourist visa while his or her K1 visa is pending. What is prohibited is the act of making the Consular Officer believe that the entrance to the US is purely for pleasure when the same is untrue, as the real intention is to get married with a US fiancé in the US. The more appropriate question would be, will a tourist visa be granted pending K1 visa application?

In answering the issue, take a look once again to the "presumption of immigrant intent" principle, which enunciates that every applicant for a non-immigrant tourist visa is deemed an intending immigrant. In the absence of convincing proofs to demonstrate non-immigrant intent so as to dispute the said conjecture, the visa application will surely fail. If there is the pendency of a K1 visa application, it will be more difficult to demonstrate non-immigrant intent or a temporary stay that a tourist visa applicant would want to make. Stringent rules will apply in evaluating applicant's real intent. To the mind of the Consular Officer, the visit is a prearranged plan to migrate to the United States or an alternative approach on the occasion that the K1 visa gets denied.

Granting that the Consular Officer was convinced of the need for the applicant to enter the US on a temporary basis or the entrant has an existing and unexpired B visa, or entrance is based on a visa waiver program, still it does not warrant a hassle-free entry. The Immigration Officers at the port of entry possesses the authority and discretion to admit or deny every entrant to the US and their decision is free from dispute.

Some of the factors which may influence the decision of the Consular Officer as well as the Immigration Officer to decide in your favor are: you have good immigration history to the US or to other foreign countries, strong evidence of ties to your home country like regular employment in a reputable company in your country, a very significant business trip or deal in the US, and any other related circumstances. Yet again, these are not guarantees but a big help in getting a positive decision.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Why It Is Important to Use an Attorney When Immigrating to the United States   Protect Your Green Card   

Choosing an Immigration Law Attorney

Choosing an immigration attorney is not an easy task. You have to be very careful during the selection process of your prospective lawyer. It is extremely important to choose the right attorney to realize your dream of becoming a citizen of United States or for that matter migrating to United States for various reasons.

The immigration attorney should have a great deal of experience in handling such cases. He should be able to present your case to the government and convince that you are eligible for immigration. He should be able to present your case positively in accordance with the law. He should be able to understand the intricacies of the law. The prospective attorney should also be up to date with any changes in the law. An experienced attorney can give you the right solution.

A certified and experienced attorney can handle your case properly. Moreover, an experienced lawyer will know how to deal with courts and government agencies during the process. The expertise of the attorney should also match with your requirement. You have to spend some extra money, but it is worth having an experienced attorney if you want to guarantee your success.

The prospective attorney should agree to handle the entire process until the client gets visa. He should take care of all the paperwork involved including writing letters and filling the application forms. It is very important that he guide you in filling application form. What application you should file? When you should file the application? Where should you file your application, so that it goes to the right place at the right time?

You should start your search by contacting your friends and relatives, who have availed immigration services to relocate to United States. They may help you to find a good attorney without going through different steps in finding a good lawyer. Word of the mouth could be the easiest way to locate the best professional, if you know the people who had firsthand experience. You can search the internet and check profiles of these lawyers. You can also check advertisements in the newspaper. You should be careful of the lawyers who make tall and false claims to strip your money. You should never pay anything to any lawyer without investigation and full assurance.

You should visit the office of immigration attorney and tell him all your concerns and ask all the impending questions. The initial consultation is provided for free of cost. Discuss with your lawyer if you are eligible for that particular category of immigration you want to avail. If you are satisfied by your interaction with the lawyer and his responses, you can proceed with further discussion. You should consult a few of such lawyers before choosing one of them. After listening to your case, the lawyer will come up with his suggestion and the options available to you. You should also discuss about the financial implications during the entire process. A good immigration attorney will be able to thoroughly assess your case and come forward with the best possible solution.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Facing Deportation? An Immigration Attorney Is Your Best Bet   

Things You Should Be Prepared With Before Hiring An Immigration Lawyer

There are few things you need to consider before hiring an immigration lawyer. An immigration attorney have had his specialization in laws that are concerned to a person's right to legally stay and travel to a country where actually they are not the citizen of that country. There are many facts to know before hiring an attorney for your immigration process.

The process of immigration can be extremely large. The information can be complex and puzzling to understand. When one is filing within less time, significant forms that are necessary to become the U.S citizen then surely one seek for help in way to determine that which kind of visa is suitable for a person's situation. You may also need assistance to handle unanticipated issues, which come up in the process of filing. In a way to overcome such type of situation, the best way is to take advice from a professional.

If you finally decided to hire an immigration attorney then many questions do attach the mind. Being prepared with few things before hiring an attorney is very important to make the process go smoothly and quickly. Here's what you have to do:

• Prepare the information about immigration in advance. Your attorney may have sent you a form or questionnaire asking for the basic information, such as your full name, phone number, and also employer's name. Fill it out till your best and carry it with you while you are going to meet a lawyer.

• If you don't have a form to fill up, write your information and keep it with you in case they may ask you for it.

• Write down events or dates that are important for you, include as many facts as you remember and also the names of witnesses.

• Keep the copies of all the important documents, such as visa applications, your birth certificate, and a letter from the US citizenship and immigration services.

• Organize everything that is needed in a folder. You won't forget anything, and that would show your immigration lawyer you are very serious about the case and are also willing to do help.

• Do some research, read some of the materials that are related to immigration lawyers. It would be helpful for you and your attorney to have a meaningful discussion on your case.

• If you are lack of English communication skills, arrange someone with you while you are going to meet a lawyer. Call the lawyer at some time and inform about this.

Being well prepared before hiring an attorney can have a great impact on your case. The lawyer can give you an idea about what would be done in your situation, and because the information you have, he can process quickly to get the things started.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Protect Your Green Card   

Australian Partner Visa Application - Preparing a Statutory Declaration

If you are organizing and lodging an Australian partner visa application and the basis of your eligibility is a de-facto relationship with an Australian citizen or permanent resident, then you definitely should prepare and submit a statutory declaration as part of your application.

In this article, I will provide you with some practical advice which will help you prepare your own statutory declaration.

Although this is not listed as a needed document on the Department's checklist, it is best that you prepare a sworn statutory declaration and submit this with your application. The purpose of preparing this document is to give your case officer with an account of your relationship together. You will also be providing explanations for the supporting evidence that you're submitting.

Listed below are my suggestions for preparing your own statutory declaration:

1) Write the statutory declaration in a factual and objective way. Avoid lengthy descriptions and subjective statements. The exception to this is where subjective statements are required and relevant. This will only be the case in certain sections of your statutory declaration. For example, you can include subjective statements within the 'Nature of the persons' commitment to each other' section.

2) This may just be the most challenging aspect of the application to organize because the author of the statutory declaration will need to have a good grasp of the English language, particularly written English. Nonetheless, writing the statutory declaration is probably less of a daunting task than you imagine. This task ought to be made easier if you bear in mind that the objective of this document. As stated above, the purpose of this document is to give the case officer with a factual account of your relationship. You are not required to write a long novel concerning your relationship. Focus and address the four considerations which your case officer has to take into account in a very factual way and refer back to the supporting evidence that you have lodged whenever possible. Following the basic principles outlined in this article will help you to make a statutory declaration that will guide your case officer.

3) Wherever possible, the statements of fact that are made in the statutory declaration should be backed up by the evidence that you're submitting. By making such links, you are affirming the accuracy of your claims. Aid your case officer by clearly marking the supporting proof that is referred to and relied on (e.g. following a statement or a series of statements, write in brackets 'Please reference documents labeled "A" which evidence the statements made' and tag the top of the appropriate documents with "A").

4) Even though this is not stated as one of the factors that your case officer will have to take account of, I would recommend that you incorporate a short opening paragraph which talks about the initial development of your relationship and also a further section that clearly details the length of your co-habitation with your partner. The introductory section should provide a short description (not more than two paragraphs) of how you and your partner met (e.g. name the location, date, occasion etc.) and also a few statements regarding the initial development of your relationship. I suggest writing a couple of lines about what you and your partner did on your initial few dates before confirming the date that you as a couple made the decision that you were in a de-facto relationship. The objective of these sentences is to: 1) immediately establish a context for understanding your relationship and 2) clearly state that the requirement that your relationship must have existed for at least twelve months prior to the lodgement of the application is satisfied.

5) The Department suggests that you address the duration of your co-habitation within the consideration of 'Nature of the persons' commitment to each other'. However, I prefer to deal with this essential consideration at the start of the statutory declaration, following the introductory section, as opposed to towards the end. In addition, I highly recommend that you keep these sections brief, and that you structure the content in a chronological way. This information can be presented as a list or table, stating the address where co-habitation took place, the date that co-habitation commenced (and stopped if applicable) and then repeating this information again for your different addresses of co-habitation. For every address listed, include references to the documents that demonstrate co-habitation at that address. You may state the overall number of days or months of co-habitation each and every address and then give a final total. This will plainly show that the requirement of a minimum of 12 months of co-habitation prior to lodgement of the application is fulfilled.

Prior to you completing and swearing your statutory declaration, proof-read it to make certain that the information presented is clear and straightforward to understand. Your statutory declarations ought to be free of grammatical and spelling mistakes. Nothing breaks up the rhythm of reading a document more than constantly encountering spelling and grammar problems. Of course, a handful of mistakes won't make or break your application. However, you should try and present the best application possible. Also, if your friends or colleagues are not able to understand your statutory declaration, then your case officer has even less of a chance.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Protect Your Green Card   Facing Deportation? An Immigration Attorney Is Your Best Bet   Why It Is Important to Use an Attorney When Immigrating to the United States   

The Importance of Immigration Lawyers

Immigration lawyers provide legal guidance and assistance to the aspirants migrating to the United States and other countries. There are many people who aspire to migrate to the United States of America and you may be one of them. It is not easy to migrate to the United States. The laws of immigration are ever-changing. The services of immigration lawyers thus become essential for people who want to migrate to the United States for various reasons. Their demand continues to increase with time as there is increase in the number of people who are aspiring to become the citizens of the United States. This increase in the demand has increased earning potential of good immigration lawyers.

Immigration lawyers help the foreigners to become citizens of United States. They assist people who want to migrate to United States for studies, work, tourism, or to become a permanent citizen of the United States. They know how to present a case favorably to the government to make an immigration process successful. They help you to realize your dream. Their job will be easy if you have the right documents and credentials.

Immigration lawyers can assist you in obtaining green card. They also take care of dual citizenship, obligations of foreigners, legal right, duties, and secondary passports to name a few. They help you with citizenship, visa waivers, naturalization, religious visas, and immigration court proceedings. They help you with all kinds of petitions and visa. They help asylum seeker and refugees with legal matters related to their cases. They help foreigners with naturalization procedures. All these are complex issues and require expertise on the subject.

There are various factors that determine the competency of immigration lawyers. Experience and certification are the two most important factors. Experienced and certified immigration lawyers know how to deal with every step of the immigration process. Immigration laws have evolved over a period of time and these laws are very complex. It takes a highly qualified and highly experienced lawyer to understand the complex and changing laws of immigration. Some of the most prominent and most successful immigration lawyers maintain their publications related to their area of specialization. These publications carry information about their credentials.

These lawyers listen to your case carefully and formulate a plan to make your immigration dream successful. They explain you the best possible option available to you depending on your case. They help you with every step of the process. They help you with rules and regulations. They help you with tiresome paperwork and documentation involved in the process. They help with writing letters, filling application forms and identifying the time and the office to file these applications. These lawyers represent their clients in government agencies and courts during the process.

It is a lucrative career option for students. Immigration lawyers undergo a course of three to four years in a law school after a bachelor or a master degree. Subsequently, they have to appear for a bar exam in order to certify. The ideal subjects at the bachelor or master level are social sciences, communications, journalism, political sciences, and history. You need to have good writing skills and excellent verbal skills to succeed in this profession. There will be many job openings in this profession in the near future.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Why It Is Important to Use an Attorney When Immigrating to the United States   

Requirements for Lottery Green Card

There are certain requirements you need to fulfill in order to apply for US green card lottery. If you are well aware of the criteria to apply and know the eligibility requirements, you are in a better position to secure yourself from rejection. Moreover, the information regarding green card lottery will keep you safe from all kinds of scam and fraud.

The US Department of Immigration has set out some rules and regulations to follow for Diversity Visa Lottery Program. The government holds a strict policy against any applications received through unscrupulous means. You should be informed so that you don't become a victim of deception.

Here are some clear cut eligibility requirements and information about the application:

Eligibility Requirements: There are two basic eligibility requirements you should adhere to before applying.

1) Eligible Country You should be from the eligible country to apply. The government updates the list of eligible and ineligible countries every year. For DV-2013, Bangladesh was removed from the list of eligible countries; instead Poland and Sudan were added. There is lot of speculation about the announcement of DV-2014 eligible countries, so keep your fingers crossed for your native country.

Furthermore, you can still qualify for the lottery application if your parents or spouse are from the eligible countries.

2) Education Or Work Experience You are eligible if you have completed your High School Education or 12-years of elementary and secondary education.

In case you don't meet the education criteria, you must provide evidence of your work experience. You should have 2 years of work experience within the last 5 years in an occupation which requires 2 years of training or experience.

Important Information: There are many agencies who are trying to trap you into something that is not just illegal but unethical as well. They can jeopardize your chances of getting the green card. To stay alert, you should keep in mind the following information:

- Multiple entries are not entertained. You can submit only one entry during the particular green card lottery year.

- The government website is active only during the application period. You cannot apply after the closing date.

- The immigration office does not accept paper or mail entries. Only online applications are accepted.

- The digital photographs of spouses and children should be attached.

- Married couples should apply separately if both meet the eligibility requirements. In this case if one spouse wins, the other can accompany the winning spouse.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Facing Deportation? An Immigration Attorney Is Your Best Bet   

USCIS Creates a New Online Filing System

Today U.S. Citizenship and Immigration Services (USCIS) launched the first phase of its Electronic Immigration System, known as USCIS ELIS. The system has been created to enable immigration benefit seekers and legal representatives to create an account to file for benefits online.

Who is eligible to file online?

In this first phase, individuals can establish a USCIS ELIS account and apply online to extend or change their non-immigrant status for certain visa types, or file Form I-539. Eligible individuals include foreign citizens who have traveled to the US temporarily to study, conduct business, receive medical treatment, or visit on vacation. You can use USCIS ELIS to extend your status if you are a B-1, B-2, F-1, M-1 or M-2; change your status if want to become a B-1, B-2, F-1, F-2, J-1, J-2, M-1 or M-2; or reinstate your status if you were a F-1 or M-1.

If you are a student on F-1 visa...

Students on F-1 visa may have a date-specific visa, which means there is a completion date and a start date to their course of study. These students are eligible to file and extend their status on USCIS ELIS.

If you are a student and admitted for duration of status, then you should contact your Designated School Official (DSO) to extend your student status. Your I-94 will give the end date as D/S, in which case you cannot change your status on USCIS ELIS.

If you are a student on an M-1 visa, you cannot change your status to an F-1 visa.

If you want to reinstate status, and you were an F-1 or M-1 visa holder, then both you and your spouse can reinstate status on USCIS ELIS, provided you are not subject to any immigration bars and have not overstayed your visa. In other words, you can only reinstate your status if you meet the F-1 criteria for eligibility status under the applicable sections of the Immigration and Nationality Act (INA).

Why use USCIS ELIS?

According to USCIS, this online account will allow you to interact with USCIS; receive email and text notifications; obtain information in real-time; submit electronic evidence; use a US credit card; be represented by an attorney or accredited representative; be assisted by an online setup assistant; and obtain real-time case status information.

To create an account: Log onto http://www.uscis.gov/uscis-elis, enter your email, choose a password, answer personal identity questions, and obtain a secure pin number.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Facing Deportation? An Immigration Attorney Is Your Best Bet   Why It Is Important to Use an Attorney When Immigrating to the United States   Protect Your Green Card   

Emigrating To Canada? Choosing Alternatives Where To Live and Work?

There are several factors to consider when choosing to emigrate to other places in the world. Some familiar questions are: "Where will I live, will I have steady employment, what if I start a family, and will all be safe there?"

Did I miss anything? Oh yes, where are the places the "State" is not oppressive or threatening to its citizens in any way and supportive to immigrants, new and old?

According to "Just Landed," an online publication popular with savvy immigrants, we see "Popular Expatriate Destinations," based upon a 2008 source. It put Canada in 2nd spot out of a Top 3. Also appearing there is "Top 5 Most Friendly Countries For Expats," and that article ranked Canada fourth.

But times and local conditions can change dramatically. At the end of 2008, Just Landed published, "Expat trends: Developed Countries Less Attractive."

In April 2009, a different online publication, "Expatify," posted "10 Most Suitable Countries for American Expatriates." Canada was not even among the 10. Since Canada is the U.S.'s closest neighbour but not even recommended, then where can those seeking American or Canadian ideals be most welcomed and happiest? Their Top 10 LIst tells us.

Take it from a Canadian who has lived and worked in both the U.S. and Canada, that if I could have my youth back, to do it all over again now, I would definitely follow the advice of this last-mentioned online source. Their Number 1 out of 10 spots is Argentina. You may read why they picked it and others at their website. But, back to why Canada failed the listing.

Many immigrants believed that Canada represented a safe haven to achieve personal freedom, adequate employment, piece of mind from all forms of harassment and a safe place to start a family. Historically, many realized that life. But that was before 1986. And, since then, it got much worse. In 1997, Canada introduced a sweeping set of laws that tipped the balances away from Canada by making its society more divisive, more litigious, more hostile to couples and families.

One's "life success and lasting happiness" are, in part, functions of: (a) satisfactory job and (b) happy relationship, typically marriage. The "reverses" of these are also true. Let's see how.

Here are the facts that few in the immigration community may be forthcoming enough to share in full. But this is understandably so, since it would diminish "their" financial benefit for obtaining a new recruit or new immigrant to Canada.

In a longitudinal study, Statistics Canada reports that nearly half of immigrants asked reported difficulty in holding adequate employment up to 4 years after arriving. Half (46%, Longitudinal Survey of Immigrants, Immigration Canada, Statistics Canada, 2005)

In simple terms, it means an immigrant to Canada has a 50-50 chance of keeping a good job (up to 4 years after arriving). The same odds as flipping a coin. Moreover, if you are between 25 and 44 years old, a university grad or skilled, you are at highest risk of job dissatisfaction (Stats Can, Longitudinal Survey of Immigrants, 2010).

When looking at the other function I mentioned, a happy relationship (marriage or marriage-like), we see Statistics Canada reporting 70,000 divorces annually and an online report from Alberta's Family Counseling site states that one in every two first-marriages in Canada fail. Simply put, Canadians of all types, statistically have a 50-50 chance of a failed marriage. Half. Again, no better odds than flipping a coin.

And here's why that happens: Canada has "No-fault" divorce laws where the reasons for filing for divorce are of little significance (irreconcilable differences).

But Canada also has laws that seem "tweaked" so that family courts come down excessively hard on men: 50%-60% confiscation of current earnings and old age security pensions, circular sentencing into jail (e.g., continuous, debtors prison), passport and professional licenses seized, driver's license revoked, arbitrary settings of support awards whereby creating artificial arrears (plus interest charges), with overwhelming failure in defense and appeals by defendants including denial of hearings, "striking of pleadings" and ignoring evidentiary facts (i.e., due process: "waived" by judges).

If one reads a Canadian Joint Senate and Parliamentary Committee Report, one sees that despite hundreds of witnesses from lawyers, divorced parents, children of divorced parents, and professional experts, giving sworn testimony warranting changes to the current laws, nothing has changed since 1997.

Yet, reports from an Independent Women's Organization, Campaign 2000, and the Ontario Provincial Auditor belie the myths: no change to women's and children's poverty since enactment of these laws in 1997.

Nevertheless, what applies for 'family laws' across Canada today would fail 'integrity comparisons' with all other forms of law in Canada, including: contract law, tort law, or criminal law, in evidentiary and proceedings rules and in due process.

Then if after more than a decade of proof of not achieving its goals, why is this set of laws allowed to persist? This is by choice. This choice is by governments at federal and provincial levels who are at the mercy of voters operating under misconceptions and myths that all is well with this aspect of the legal system. Evidently, the myths trump both truth and practicality.

As a retired professional, let me say that financial success may seem most attractive at first, but in the bigger view it's not the be-all and end-all some think. Then what is?

Freedom: Freedom from unforeseen consequences hidden from consciousness. Put simply, some wished they had known about the hidden traps waiting for the many to step in and have their freedom of life choices so suddenly limited. An editorial in the Ottawa Citizen newspaper sums it up: "Men 'one phone call' from total destruction" - Published in Nov. 3, 2000).

In summary, a wise immigrant will check out the facts for himself and ask a qualified family lawyer to explain in full what all that means or could mean to one at any time in his future if choosing to live in Canada.

Here is one place to start one's research and to see ALL mentions of references for this article and more: Emigrating To Canada Risks.

REFERENCES: Stats Can Longitudinal Studies 46% LSIC, see Chapter 1- Gender Bias & Unethical Practices in Joint Senate and Parliamentary Committee Report, Provincial Auditor Reports: $billions in backlogs 2010.

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Going For The Gold And The Green (Card): A Guide to US Immigration For International Athletes

The London Summer Olympic Games are fast approaching, and the most extraordinary international athletes are gearing up to travel and compete for the most sought after award in international athletics, an Olympic Medal. Olympians compete and train all year at international competitions to remain at the top of their sport. One question we often receive from sports leagues, managers, agents, athletes and promoters is: "what visa options are there for international athletes to come to the U.S.?"

Under current immigration law, internationally-recognized athletes, either as an individual or as a member of an internationally recognized team, can qualify for P-1 nonimmigrant visas to come to the U.S. to compete at distinguished athletic competitions. A U.S. employer, sponsoring organization, or agent must file the petition with United States Citizenship and Immigration Services (USCIS), which must include a contract and itinerary for the athlete's competitions, events and/or promotional appearances. Certain sports present unique challenges with regards to the contracts and itineraries an athlete can obtain (swimming, golf, volleyball, boxing), often requiring creative solutions, such as extrapolating prior reoccurring seasons or events to project future competition.

Some international athletes can qualify for O-1 nonimmigrant visas as "athletes of extraordinary ability," if they are within the small percentage of athletes who have risen to the very top of their sport. O-1 athletes are not limited to the specific athletic competitions mentioned above for P-1s, but they still must demonstrate they are coming to the U.S. to continue work in the area of extraordinary ability. Similar to the P-1 visa, O-1 athletes require a U.S. employer or agent to file a petition. Due to the higher adjudicatory standards associated with the O-1 visa, most athletes pursue P-1s.

International athletes with extraordinary ability who qualify for the temporary O-1 visa may also qualify for the extraordinary ability green card, often referred to as "EB1-1". The EB1-1 is very similar to the O-1, but carries with it a much higher evidentiary and adjudicatory standard. While both categories require the athlete to display they are in the top few percentages in their sport and to demonstrate sustained national or international acclaim, the level of scrutiny applied to EB1-1 cases is burdensomely high. While an EB1-1 may be self-petitioned (unlike the O-1 or P-1), having an acclaimed sports team file the petition may be the buzzer beater.

Olympian hopefuls can achieve more than just a medal if they win in London - both the O-1and EB1-1 visas may be approved based on receipt of "a major, internationally recognized award." Yes, a gold medal may automatically qualify someone for a green card (they did beat the rest of the world after all). International athletes who win national or international competitions should consult with an experienced immigration attorney to determine whether their achievement would qualify as major and internationally recognized. Even if an award or medal does not rise to the level of major and internationally recognized, it may still meet one of the regulatory criteria to help demonstrate an athlete is extraordinary.

Intending U.S. immigrant athletes competing at the Olympic Games are striving for more than just Olympic glory, because while every Olympic competitor dreams of winning the gold, for some, the bigger prize is green.

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Can I Get Married on a Tourist Visa to a US Citizen?

Since many are asking if they can get married on a tourist visa in US to their American sweetheart, it is best to discuss this issue now.

There is nothing in the US Immigration law that proscribes one from marrying on a tourist visa. As a general rule, a foreign national can get married while in the US on a tourist visa, but with certain conditions. The scenario is, you enter on a tourist visa, get married to a US citizen and come back to your country of origin before your tourist visa expires and once in your home country, apply for the applicable visa to get back to the US and stay with your spouse.

Although this process is perfectly legal, it is not easy to convince the Consular Officer and the Immigration Officer at the border that you have no preconceived intention of getting married with a US citizen. There must be a very convincing evidence that your trip to US is totally for recreation purposes and that you will be back to where you came from after the allowed period of visit.

There are those who successfully entered the US soil on a tourist visa, got married and immediately apply for Adjustment of Status. It could also be possible but under an extraordinary case. Example, a foreign national traveled to US to visit a family member and while on visit, happened to fell in love with a US citizen and both agreed to marry each other. If this is the case, the foreign national need not return to his or her foreign country and will just have to apply for Adjustment of Status at the US Immigration Office to be allowed further stay in the US. Many are aware of this course and many are up to this process, but what they are not apprised of is the condition attached to the AOS application and how the Immigration Officer would act on the application.

To the mind of the Immigration Officer, situations like the one cited above is a complete circumvention of the immigration laws on fiancé or spouse visa. Why? While a fiancé or spouse visa is an entry visa for a more or less permanent stay in US, tourist visa is for a temporary stay visa. Each visa has its own standard rules and procedures to follow. Hence, if one wants to get hold of a visa the odd way, doubts arise as to the true intent of the applicant. Thus, stricter scrutiny is employed to overcome the doubts. Efforts must be taken by the foreign national applicant that indeed, there was really no premeditated intention to marry at the time of entry to US on tourist visa. You must be very lucky if you have been issued a change of status not through the normal method. Otherwise, you may be charged of visa fraud, get deported and can be banned to enter the US soil forever.

Also, the foreign national applicant for Adjustment of Status is not allowed to leave US until the adjustment is approved or an advance parole is issued. Are you ready to leave behind what you have been in your home country all your life?

Consult before you plan. For sure, you will have a good living for a lifetime.

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US Tourist Visa Restrictions

Traveling is one leisure activity we all enjoy. Seeing new places, tasting new dishes, meeting other people and mingling with other culture and experiencing life to the fullest can be a memory one will keep for the rest of his or her life, like a trip to US under a tourist visa.

The United States of America is one of the top destinations for many foreigners and even the Filipinos. From New York to California, the possibilities are endless, the fun and excitement are guaranteed. Being able to get a US Tourist visa, otherwise known as B2 visa entitles one to enter and travel in any of the 50 states of America. Once granted with a B2 visa, you can now book your flight bound for US; however keep in mind that the visa is not a guarantee that you will be permitted entry in the US. You have to pass the immigration officer upon your arrival at the airport for the examination of your travel documents. If they find you inadmissible or ineligible for entry you may be asked to go straight back home.

So before we get too excited and bubbly about our US tour, there are things that need to be considered. Having a visa to the US does not entitle one to all the privileges an American citizen would be entitled to. There are limitations and rules that must be followed. Several of which are the prohibition to:

accept any kind of employment during the visitor's travel inside US, to study for any course of learning.

If in case you feel that you want to study, you can apply for change of your status as a visitor to other visa category appropriate for your main purpose.

There may be times that you wanted to stay a little longer, maximize your time of visit in the promising land of US, then you may apply for visa extension subject to some requirements and conditions.

Unable to follow rules and regulations set forth by the US government and their immigration office would merit the revocation of the visa. You may also be deported, or worst, incarcerated in the land of promise turning a dream vacation into a lifetime of nightmare. It is best to be a smart traveler than regret the chance of a lifetime. If in doubt the best thing to do is seek for advice, consultation and help from immigration experts, that way there would be no waste of time and effort.

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How to Select a Good Immigration Attorney?

The most important step for immigration process is hiring an immigration attorney. You will need the services of an experienced and qualified immigration attorney, if you want to make your dream of migrating to the land of your choice into reality. There are certain qualities that you should consider when you are hiring an attorney for your immigration process. One of the most important qualities of a lawyer is that the lawyer listens to your immigration issues. He should offer solution that will work for you.

You can consult the attorney and ask him questions. An initial consultation is often given at free of cost. A competent lawyer should be able to answer all your questions accurately and confidently. You should check with the lawyer, if he has enough time to devote to your processing task. The lawyer may not be able to devote enough time, if he is handling many clients at the same time. You can also check the website of your potential immigration attorney about his profile and work experience.

An ideal immigration attorney should have a great deal of knowledge and experience in immigration law. He should have the required qualifications like education and license to practice law. Experience of the lawyer is very important because immigration laws change frequently and involve complexities. He should also have practical experience in dealing with government officials and courts. You should check, if he has worked for the immigration services. You should also check the expertise of the professional as they specialize in various domains.

You should make sure that you get the services according to your investment. You should ask about the likely expenses that will be incurred at the completion of the process before you settle to a deal. You should get the best lawyer, if you can afford the expenses. Your immigration attorney should take care of all the steps involved from the beginning to the end of immigration process. He should take care of each step till your visa.

Responsibilities of an immigration attorney are not limited to just writing letters, completing application form, and completing other paperwork. He should create an immigration plan after assessing your situation. He should tell you what kind of application to file and where and when to file the application. The lawyer should make sure that your immigration application is sent to the office that serves your interest. Any misjudgment at this step could cause significant delay in your immigration processing or rejection of your application. This is an important part of this job.

Your immigration attorney should make sure that your application is processed diligently and swiftly. He should keep an eye on the process even after the application has been sent to the government for processing. He should also ensure that the visa is delivered to you and has correct information in it.

You should be aware of scammers while selecting an attorney. There are lawyers who will take your money promising you results, but sooner or later you will find out that they are not genuine. You should follow the guidelines mentioned above and always check the credentials of the immigration attorney before entrusting him with the task.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Facing Deportation? An Immigration Attorney Is Your Best Bet   Why It Is Important to Use an Attorney When Immigrating to the United States   Protect Your Green Card   

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