Articles Posted in News

Immigration services scams are getting so sophisticated that fraudsters now advertise online with websites that perfectly mimic those of official government agencies, federal officials said Thursday as they rolled out a nationwide awareness campaign meant to combat such practices. Officials from several federal, state and local agencies, as well as immigration lawyers and advocates, met in Newark on Thursday to expand nationwide a campaign that started in seven pilot cities. It focuses on enforcement, education and inter-agency collaboration.

“They are not just high-tech scams, they are people in the neighborhoods: people who know people, people who are out there shaking hands,” said Kelvin Chen, an attorney with the Federal Trade Commission, as he spoke about the need to increase awareness among immigrants who are often preyed upon by members of their own communities.

The campaign is aimed at educating legal and illegal immigrants to avoid everything from unlicensed service providers to websites that mimic those of government agencies. Most scams involve people who pretend to be able to provide legal aid or other services for immigrants, take victims’ money and fail to deliver.

Great News for our Russian clients and Blog Readers. Secretary of State Clinton and Russian Foreign Minister Lavrov exchanged diplomatic notes during their November 19, 2011, meeting in Bali on the new agreement on visas announced on July 13, 2011. This exchange of notes advances the visa agreement one step closer to entry into force. Under Russian law, the Duma must next ratify the agreement and, following ratification, the parties will exchange a second set of notes confirming that their internal procedures for entry into force have been completed. The agreement will come into force 30 days after that exchange.

This visa agreement is historic, and it will allow tourists and business travelers from both the United States and Russia to receive visas with longer validity periods of 36 months, valid for multiple entries. This agreement will facilitate travel between our two countries and establish stronger ties between our people. The agreement benefits the largest segments of our traveling Americans and Russians – business travelers and tourists, traveling both as individuals and in groups.

The agreement also streamlines the visa issuance process by reducing the documentation required. These new visa validity periods will allow for expanded contacts and promote greater mutual understanding between our societies.

Heading into Veterans Day, the Senate unanimously passed a bill to help unemployed veterans seeking jobs as well as federal contractors facing a new tax burden in 2013.

As we observe Veterans day, We wanted to send warm wards of support to our Veterans and the active duty men and women fighting for our country day and night.

Three alleged members of an international alien smuggling scheme were charged Tuesday with smuggling hundreds of aliens from China into the United States. The charges stem from an investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

HSI agents arrested Hak Tung Lam, 44, of Flushing, N.Y., Wen Wo Lam, 43, of Staten Island, N.Y., and Ying Yang, 30, of Flushing, for allegedly participating in smuggling more than 450 aliens into the United States. Hak Tung Lam, an immigration attorney who practiced in Manhattan, Wen Wo Lam, and Ying Yang allegedly served as legal advisors to alien smugglers by recommending ports of entry, advising on methods of avoiding detection, filing false immigration documents, and obtaining the release of detained aliens through fraud.

“As an officer of the court, Hak Tung Lam swore to uphold the laws and constitution of the United States. Instead, he used his training and education to allegedly perpetrate one of the most wide-ranging criminal fraud schemes that this office has ever investigated solely for his personal financial gain,” said James T. Hayes, Jr., special agent in charge of HSI in New York. “HSI will continue to pursue those individuals who seek to take advantage of this country’s legal immigration system for their own benefit and at the expense of others.”

While many gay couples in New York tie the knot on Sunday, when same-sex marriage becomes legal in the state, Ashley Abraham-Hughes and her wife, Corinne, will be watching the festivities from the other side of the Atlantic.

That’s because since U.S. federal law still does not recognize same-sex marriage, and since Corinne is British, the couple was forced to move to Britain, where their union — they wed in Connecticut in 2009 — is legal.

“While I do still love the U.S. and I always will, I am very resentful of the fact that I was effectively forced to become an expat,” said Abraham-Hughes, a 27-year-old who grew up in Pittsford in western New York and now lives in Manchester. “It’s absolutely ridiculous, and I just think the thinking on this whole issue is completely wrong.”
The couple’s plight is one likely facing many of the estimated 36,000 binational gay couples in the U.S., where the foreign partner in the relationship can face deportation and a 10-year ban from returning to America if they don’t already have or find a legal way to stay in the country.

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Beginning March 15, 2011 all Change of Address, (Form AR-11) and Alien’s Change of Address, (Form AR-11 SR) will change filing locations. Now, you must file all change of address forms at the following address:

DHS/USCIS

Harrisonburg File Storage Facility

This article by Attorney Habib Hasbini will shed the light on some of the most recent developments regarding California interpretation of employer’s duty to provide employees mandated meal and rest breaks under California Labor Code section 512 and Title 8, California Code of Regulations section 11010 et seq.

An issue that potentially could shift the balance of powers in favor of the employers in California is currently pending before California Supreme Court in Brinker Restaurant Corporation v. Hohnbaum (2008) 85 Cal. Rptr. 3d 688.

The crux issue is how California employers could satisfy their meal and rest periods obligations. The underlying controversy is whether employers need only “authorize” their employees to take meal and rest periods or employers must “ensure” their employees take their meal and rest periods. Interpreting the law one way or the other will have significant implications on the vast wage and hour litigation and class action lawsuits in California.

Immigration law is important and that is all that we cover most of the time. But our immigrant readers, may be facing other legal challenges from time to time. So we rely on our lawyer friends from across the country, to provide guest articles and reports. This week we are proud to feature Attorney Habib Hasbini’s Employment Law expertise.

Many of our clients and Blog readers are immigrants on work visas. Employment Law and Immigration often go side by side, so the info presented in this article should be very useful to our readers. We often hear the term overtime as it relates to employment practices, but what is Overtime?

An employer may dictate the employee’s work schedule and hours and legally require the employee work overtime. The employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.