Visa Lawyer Blog

by

As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:

Continue reading

by

We are posting the recent list of petitioners who received an approval in FY09 of Form I-129, requesting initial H-1B status for the beneficiary employee. Approximately 3,000 initial H-1B petitions are not accounted for on this list due to missing petitioner tax ID numbers.

While the full official final list of biggest H1B visa employers for FY2010 for the season has not been released, this preliminary list has been released for the Top employers this past US immigration year.

An H1B visa is a temporary working visa for professional positions, which allows foreign nationals to live and work in the U.S. for up to six years. This visa is an important tool for any employer to get the highly qualified technical expertise it needs to operate and grow its business.

Continue reading

by

The American Immigration Lawyers Association (AILA) strongly urges Arizona Governor Jan Brewer to veto a bill moving rapidly through the state legislature that would make it a crime to be an undocumented immigrant in the state.

In addition to the absurdity of aligning undocumented status with state trespassing, the law also validates racial profiling as a legitimate law enforcement tool which is precisely the reason why individuals and businesses around the country are beginning to seriously question whether Arizona is a safe place to visit, live, or do business.

The bill also creates a private right of action for any person to sue a city, town, or county for not enforcing immigration laws to the full extent of federal law and it establishes civil penalties for the city, town, or county. This subjects local governments to unreasonable and potentially frivolous litigation by private citizens with an anti-immigrant agenda. Even if a municipality is vindicated in court, it will still have to incur the costs of defense.

Continue reading

by

Some 63,000 flights had been canceled in Europe by the end of Sunday, in the four days since the air space of northern Europe was shut down by an enormous ash cloud from an erupting volcano beneath the Eyjafjallajokull glacier in Iceland.

Passengers are scrambling to find alternative travel routes. German tourists are being bussed home from Spain, while the Royal Navy is sending military ships to Spain to bring home stranded Brits. Thousand of Europeans are also stuck in the US with no option to leave at this time. Many visitors are worried about the implications of not being able to leave before their current status expires.

Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.

Continue reading

by

The American Immigration Lawyers Association is a great organization, and I am proud to be an active member. We know that this is also important to our clients and future clients.

The American Immigration Lawyers Association (AILA) will celebrate its 4th Annual Citizenship Day on Saturday, April 17 by helping more than 2,000 legal permanent residents apply to become US citizens. In partnership with the “ya es hora ¡Ciudadanía!” campaign, AILA will hold 43 naturalization clinics in 30 states serving more than 2000 immigrants who are preparing to become citizens.

s a single-day, nationwide event, AILA Citizenship Day provides free or low-cost assistance to eligible legal permanent residents who wish to apply for U.S. citizenship, utilizing partnerships between AILA chapters across the country and grassroots organizations such as the “ya es hora ¡Ciudadanía!” campaign. In 2010, AILA Citizenship Day will celebrate its 4th anniversary on a national scale and its second year with the campaign.

Continue reading

by

This Update is from AILA Rome Chapter, very important information for HIV infected immigrants and family members.

This Post will attempt to lend clarity to the dynamic process by which HIV infection is being removed as a ground of inadmissibility under INA 212(a)(1). Although the date for final removal of HIV infection from the list of communicable diseases of public health significance is just a few weeks away, DHS and DOS are at very different stages in their attempts to align their respective regulations to this welcome new reality.

On July 2, 2009, the Department of Health and Human Services (HHS) published a Notice of Proposed Rulemaking in the Federal Register, announcing its intent to remove HIV infection from its list of communicable diseases of public health significance and inviting public comment on the issue. The Final Rule implementing this change was published on November 2, 2009; following a 60-day waiting period, the rule will become effective on January 4, 2010.

Continue reading

by

American Immigration Lawyers Association on March 25, 2010 held their National Day of Action in an effort to bring about comprehensive immigration reform. The AILA National Day of Action is an annual event in which immigration lawyers from across the country meet in Washington DC for the purpose of speaking with members of Congress and their staff, gathering information about the legislative schedule, and urging that a comprehensive immigration bill be voted on before the November elections.

Congress was deeply divided and Democrats wanted to now focus their efforts on an issue with which they could find bipartisan support before the upcoming midterm elections. In this climate, the prospects of comprehensive immigration reform being brought before Congress in the near future looked slim. However, Congress was also feeling pressure from the other side. In addition to the health care protesters, 2000 members of the immigrant community had gathered that weekend to urge Congress to move forward with comprehensive immigration reform. Sen. Charles Schumer (D-NY) and Sen. Lindsey Graham (R-SC) had announced that they would soon be proposing a comprehensive immigration reform bill in the Senate but no firm details as to the specifics of the bill were known. Conventional wisdom is that Rep. Graham’s support for such legislation is conditioned on his ability to convince at least one other Republican in the Senate to sign on.

Continue reading

by

A United States Permanent Resident Card, known informally as a green card (due to the color of some earlier variants), is an identification card attesting to the permanent resident status of an alien in the United States of America. Green card also refers to an immigration process of becoming a permanent resident.

The green card serves as proof that its holder, a Lawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the USA. The holder must maintain permanent resident status, and can be removed from the United States if certain conditions of this status are not met.

The DHS Office of Immigration Statistics issued its Annual Flow Report on U.S. Legal Permanent Residents (LPRs) for FY 2009. In 2009, a total of 1,130,818 persons became LPRs of the U.S and obtained Green Cards. The majority of new LPRs (59 percent) already lived in the United States when they were granted lawful permanent residence. Nearly two-thirds were granted permanent resident status based on a family relationship with a U.S. citizen or legal permanent resident of the United States. The leading countries of birth of new LPRs were Mexico (15 percent), China (6 percent), and the Philippines (5 percent).

Continue reading

by

A great program on KPBS this morning covered the case of Ruben Flores-Villar. Flores-Villar, 35, was born in Tijuana, Mexico, but grew up in the San Diego area, in the care of his father and grandmother.

When he sought U.S. citizenship in 2006 — to fend off criminal charges of being in the country illegally — U.S. immigration authorities turned him down. For people born before 1986, their U.S. citizen fathers had to have lived in the U.S. for 10 years, at least five of them after the age of 14. Flores-Villar’s father could not meet the second part of that requirement because he was only 16 when his son was born. American mothers need only have lived in the U.S. continuously for a year before the birth of a child.

Later this year, the Supreme Court will enter a curious corner of U.S. immigration law that applies only to children born outside the U.S. to one parent who is an American and one who is not. The law makes it easier for children whose mother is a citizen to become citizens themselves. Even after reform legislation in 1986, children of American fathers face higher hurdles claiming citizenship for themselves.

Continue reading

by

The National Foundation for American Policy released a few interesting facts about H1B visa usage. You will be surprised when you read the following:

– Although important for the competitiveness of many U.S. companies, new H-1B visa holders represented only 0.06 percent of the U.S. civilian labor force in 2009, a tiny proportion of the U.S. workforce, making unsupportable claims that such individuals are “destroying” large numbers of U.S. jobs. Moreover, for the past several years no new H-1B visa holder could even be hired by companies in the United States for 4 to 12 months at a time due to quotas being exhausted, making it unlikely that employers would go without filling jobs if a qualified U.S. applicant was available.

– A large variety of businesses and organizations in America, including public school systems, hire H-1B professionals every year. In FY 2009, 27,288 different employers hired at least one individual on a new H- 1B petition, according to USCIS. Contrary to the popular impression, 96 percent of the employers (26,304 of 27,288) hired 10 or fewer individuals on a new H-1B petition. A total of 18,747 employers, or 69 percent, hired only one foreign national on a new H-1B petition.

Continue reading