SRvWqbdycztjuRZFmKNAAc1Ux5KGhve: November 2012

Monday, November 26, 2012

What Are Your Immigration Options When You Are Served With a UK Removal Notice or Deportation Order?

If you had either entered into the United Kingdom without obtaining leave or your existing leave has expired, you are liable to receive a "Removal Notice". If you had been granted leave under special conditions and you had violated those conditions, you might again face the liability of removal. The notice is served by the UK Border Agency intimating you that a decision to remove you from the UK has been already taken. Once the notice is served, you might be required to leave the country very soon.

A Deportation Order, on the other hand, is normally issued to foreign nationals when they are convicted of a crime or when their deportation is conducive to the good of the public. Defined under section 362 of the UK Immigration Rules, a deportation order "requires the subject to leave the United Kingdom and authorises his detention until he is removed. It also prohibits him from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom given him before the Order is made or while it is in force".

In case you are served a removal notice or a deportation order, you can challenge the decision through the assistance of qualified, expert immigration lawyers. But once the order is issued, you would have very little time before you are forced to leave the UK. Therefore, you need to get in touch with a reputed law firm as soon as possible if you choose to challenge the decision in court.

Removal or deportation proceedings are initiated for one of the following three reasons:

1. When the person is convicted of a crime or is arrested

2. When the person overstays in the UK

3. When they are refused an immigration application

It is vital to get in touch with a firm that has a team of professionally qualified and experienced immigration solicitors and barristers to handle your case. They would have the required expertise and experience to challenge the removal notice or deportation order on your behalf. They might find ways to help you to stay in the UK or at least prevent a ban on your reentry into the country.

If there has been an irregularity in the UK Border Agency's decision to deport you or if you have an arguable case, then you can by all means proceed to challenge the agency's order.

Immigration For Medical Professionals: Permanent Residence Status Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175) Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion Children of Green Card Holders to Be Given Priority for US Residency

Expat Counseling Reduces Stress Of Change

Many countries in the world have welcome immigration, skilled or unskilled to boost their economy. They welcome expats as refugees of war or natural disasters. People can move around easily with all forms of transport and communication opening the doors to opportunities.

For example Canada, The United States of America, and Australia, are relatively new countries in the English speaking world, that grew and prospered from various waves of immigrants from different countries. People have always been on the move from their country of origin, to ancient established countries in Europe, Middle and Far East, Asia, and South America. They move individually, or as whole families. The reason for the global movement of people is as varied as the people who move. It can be for financial gain, fleeing political or religious persecution, loss as a result of disasters, war and famine, to connect with other family members, or just for fun!

Change is a normal process of growing up, growing older, raising a family working in the world. Change can bring stress which can be 'good stress' that energizes, inspires, excites and stimulates creativity. Change can also be acutely stressful in a negative way, causing anxiety, depression and other emotions and destructive behaviors such and aggression or substance use, that impact the body and mind and others around.

Immigration to a new country for an individual or a family can bring many problems of adjustment and the negative effects of change. If the expats speak the same language as the majority, then it is somewhat easier. If a new language has to be learned there is added pressure. People often leave some family or friends behind so there may be a sense of rootlessness, and loss of human connection and support, so essential for happiness. Depression, anxiety and anger and grief are common emotions as a result of loss that many expat immigrants may feel. If fleeing as result of war other can be post traumatic stress issues to deal with. This can impact the person's adjustment to a new life and put stress on the family. Professional help is often needed.

Many immigrants may hold tightly to customs they hold dear that bring comfort and reminders of their past life, finding it hard to adjust to the new culture. Some family members may never learn the new language. This may cause isolation and unhappiness. This could be common for the first generation of immigrants. The second generation if immigrants, their children, often will be very well assimilated into the local culture and community. This can bring tension within a family as the new customs want to be adopted by teenagers. Recently the news has been filled with parents taking the laws of their own culture into their own hands, such as punishing girls wanting freedom to dress and date outside their cultural traditions. This can be a life or death issue. The strain in a family can be immense. The availability of confidential private online counseling could prevent tragedy.

I have experienced my own issues of being an expat and transiting to a new country. My language expression is somewhat different from that spoken locally and I still was perceived as different and not quite belonging for many years. Miscommunication can be difficult or humorous! It takes time to adjust.

As people now become more comfortable with the electronic form of communication, via computer, internet, Facebook and phone, communication with one's far flung family can become easier. However the immediate needs for local community, comfort and support may not be available. Expat Counseling and Online Counseling is a way for people to privately talk about their problems in their own language and find relief from the stress of the immigrant, expat experience.

The Sin of Unlawful Presence in the United States

On April 1, 1997 Congress changed the immigration law to punish foreign-born individuals who decide to stay in the country without documentation, such as a visa, green card, or other forms of permission to legally stay in the country. The penalty that Congress created to punish this sin is known as the three and ten year bars. The penalty is imposed based on the amount of continuous unlawful presence a foreign individual manages to accumulate in the United States. For instance, if a person accumulates more than six months of continuous unlawful presence in the country, that person can be barred from returning to the United States for a total of three years. If the unlawful presence is for twelve or more continuous months, that person can be barred from returning to the country for a total of ten years.

It's important to know, however, that this time bar does not apply to everyone who has lived in the United States unlawfully. The three and ten year bars only apply to a person who first was in the United States and who entered with or without inspection, leaves to travel oversees voluntarily for any reason, and is attempting to return to the country to take advantage of a possible change in his/her immigration status.

While it does not apply to individuals who are already in the United States lawfully or who entered with inspection and are the immediate relatives of a U.S. citizen because of the availability of the adjustment of status procedure, for individuals who entered the country without inspection, despite already being here with no need to leave, to get their green cards, they must leave the country and apply for their immigrant visa while overseas through a U.S consulate because they are not eligible to take advantage of the adjustment of status procedure under current immigration law. In other words, the 3- and 10-year bars do not take effect if the person never leaves the United States after accruing the six to twelve months of unlawful presence; however, if that person decides to remain in the country and is unable to adjust his/her status, that person cannot become legalized under the current immigration law.

While certain waivers are available to some individuals who are not eligible to adjust their status while in the United States, such as the husband and wife of a U.S citizen, the child of a U.S. citizen, the child of a permanent resident, those waivers for the most part are extremely difficult to obtain. To successfully obtain a waiver, an eligible individual would have to convincingly demonstrate that if that person is deported, the U.S. spouse or parent would suffer extreme hardship. Under immigration law, this is a very tough burden to satisfy.

Nonetheless, if you are an individual who may be impacted by this provision in the immigration law, you should be aware of a few exceptions that might apply to you:

1. The accumulation of unlawful presence only apply after April 1, 1997, the date the law went into effect; 2. Unlawful presence when a person was a minor does not count to trigger the three and ten year bars; 3. The unlawful presence has to be continuous for either six or twelve months; 4. It does not apply to battered spouses and children if there is substantial connection between the unlawful presence and the abuse; 5. It does not apply to certain individuals with "bona fide" asylum applications pending unless the person was employed without authorization during that time; 6. It does not apply to lawful permanent residents seeking readmission to the country.

So, if you are residing in the United States and are eligible to adjust your status, it may not be in your best interest to leave the country under any circumstances to avoid being subjected to the three or ten year bars while you are oversees. You should stay here, file your application, and wait until your application is approved and you have your green card in your hands, then you can travel outside of the country with peace of mind. If you are residing in the United States unlawfully but are not eligible to adjust your status, your best option at this time would be to consult an immigration attorney to help you explore the possibility of you being able to return to the United States in the event that you were to leave to go through consular processing, or are unsuccessful with a waiver application.

How to Get a Competent Immigration Attorney?

Being an immigrant in a foreign country has a few drawbacks and one of those drawbacks is that you have to get through a tiresome, time-consuming and difficult immigration process. The immigration process is not something that an immigrant can ever take lightly. Their life depends on it at times, because they just cannot go back to their home country. Hence, it is best to hire a good and competent immigration attorney who can ensure a good result. Hiring a competent immigration attorney is also crucial because of the fact that the immigration law changes often. Hence, whenever you are hiring an attorney to fight for your case, you must search for a competent one. Here are a few steps to help you through the process.

First of all, you must carefully analyze all the details of your own case. You must be familiar with the in-depth details as well as the requirements. Understanding your case will help you to figure out your needs according to your case and helps you to know what functions your attorney has to perform for you. For this purpose, you can search the internet and the government website and its immigration pages. It will also help you in understanding which particular branch of immigration law your case belongs to. Since immigration law itself has many branches such as employment visas, family immigration and citizenship, it is important to understand the category of law that your case belongs to. The immigration attorney focuses on just one branch in most of the cases. Therefore, you will be able to hire a more competent attorney, if you know which facet of immigration law your attorney must be experienced in. Hire an attorney who specializes in dealing with your concerned branch of immigration law and has many years worth of experience.

If you are an immigrant you might have acquaintances who have been through the same process. A few people in your social circle might have had an experience of dealing with an immigration attorney. Ask such individuals to give you a few recommendations regarding the most competent immigration attorney in the local region. This source of referrals can turn out to be very informative. Another source of referral regarding a competent immigration attorney is the internet. You must visit various blogs, forums or message boards. People usually post their experiences and hence you can pick up a few valuable names and tips from their experience. A few websites on the internet also provide a service of locating an immigration attorney in your region.

The internet is amazing when you need details and experience regarding an immigration attorney that you think might be a competent one. On the internet you can find lots of information like qualification, experience, background and the field of immigration law he or she specializes in. Some websites might also give information regarding the fee they charge.

From all these sources listed above, you must draw up a list of the attorneys that you think might be valuable ones. From this list you must then schedule a consultation with each of the immigration attorney. An attorney can agree to have a consultation by email or phone, but not necessarily in person. When you are scheduling consultations, remember that you do not have to restrict yourself to local attorneys. However, in some cases you might have to hire a local immigration attorney.

Immigration For Medical Professionals: Attending Medical School In the US

Foreign nationals who wish to attend medical school and/or practice medicine in the United States have a number of avenues available to them through U.S. immigration. In this brief article we will discuss the F-1 and J-1 student visas, as well as H-1B professional worker visa.

In order to practice medicine in the United States, a physician must graduate from medical school, complete a U.S. residency program, and pass licensing examinations. If you are a foreign national who wishes to attend medical school in the U.S., you can do so under an F-1 student visa. This visa allows you to stay in the U.S. so long as you are enrolled full-time in medical school and for up to a year after graduation to complete additional practical training. However, to complete a medical residency program, you must obtain a J-1 exchange visa or H-1B visa. Likewise, if you are a foreign national who has graduated from a medical school outside of the U.S., you can come to the U.S. to complete a medical residency program under the J-1 exchange visa or H-1B visa.

Some of the differences between an F-1 visa and a J-1 visa are as follows:

Eligibility for an F-1 visa comes with no restrictions on your funding, be it personal, outside funds, or a combination of both. To be eligible for a J-1 visa, a substantial portion of your funding must come from non-personal sources, such as from your program in the U.S., your home institution, or your government.

Under the F-1 visa, F-2 classified dependents are not eligible for employment. Under the J-1 program, spouses and unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification and are entitled to work authorization; however, their income may not be used to support you.

Under the F-1 visa, you are not required to return to your home country after completion of your studies. Under the J-1 visa, you must return to your home country for two years after completing residency (the two-year foreign residency requirement).

It should be noted that a "J-1 Physician" cannot remain to work in the U.S. immediately after completion of medical residency. For many foreign born physicians this is no doubt quite an obstacle. However, there are a number of methods to obtain a waiver of the two-year foreign residency requirement. In addition, some foreign nationals avoid this hurdle altogether by completing their medical residency programs with a visa for professional workers (H-1B) (as opposed to the J-1 exchange visa). It appears more and more residency programs will sponsor a foreign born physician for an H-1B professional worker visa so you need to understand the special challenges that occur with H-1B status. We will discuss this in our next article.

In Plain English: Arizona V United States, Who Won?

Who won in Arizona v. united States? It's a tie. Sort of.

This gets complicated.

In the national debate that has engulfed the topic of immigration, Arizona v. United States was seen as a decision that could declare a winner in the "conservative v. liberal" debate over exactly how (and how far) States could respond to protect their own borders. Were the States strapped with whatever the federal government provided (even if it was a poorly funded, inefficient, mismanaged system of laws), or were the States able to defend themselves and take matters into their own hands by writing law that intruded upon an already-existing federal scheme?

The debate had essentially two teams. Team Brewer, lead by Arizona Governor Jan Brewer and those (conservatives?) who rallied to the cry that the federal system was not doing enough for Arizona. And there was Team Obama, lead by the President and those (liberals?) who rallied to the cry that the Arizona law was the product of discrimination against the Arizona Latino community.

After the Supreme Court published it's decision, President Obama said:

I am pleased that the Supreme Court has struck down key provisions of Arizona's immigration law. What this decision makes unmistakably clear is that Congress must act on comprehensive immigration reform. A patchwork of state laws is not a solution to our broken immigration system - it's part of the problem.

Then, the Obama Administration took swift action, hampering Arizona's ability to implement its "show me your papers" provision and further emphasizing who is really in control in matters of immigration. Two days ago, the Department of Homeland Security announced it had rescinded agreements, know as 287-g Agreements, that empowered local Arizona law enforcement officials to collaborate with the federal government to enforce federal immigration laws.The Department of Homeland Security, said that the agreements just do not work with States who have Arizona-like laws.

Without an agreement in place with the federal government, Arizona law enforcement agencies and jails are stopped from working "with" the Federal government in matters pertaining to immigration. And this is no small deal. As detailed by the DHS, currently "the U.S. Immigration and Customs Enforcement (ICE) has 287(g) agreements with 68 law enforcement agencies in 24 states." DHS also notes, "since January 2006, the 287(g) program is credited with identifying more than 279,311 potentially removable aliens - mostly at local jails.

For her part, Arizona Governor Jan Brewer said her team won. She described the decision as:

[A] victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.

And she was really upset that the President's Administration pulled the agreement with Arizona:

They arbitrarily singled out Arizona and sent a bomb, if you will, across our bow and made Arizona once again a target.

At least in public, nowhere was anyone talking too much about the Supremacy Clause or field preemption - except of course in the chambers of the United States Supreme Court.

So from a political standpoint, it's a tie. Both teams won enough to appease their constituents and declare themselves the winner. But from a national point of view, we all won. The Supreme Court honored the rules that were designed hundreds of years ago to keep our Nation together at times like this, when one State or another is unhappy with the way the federal government is addressing a local problem.

By telling Arizona that it had gone too far in most of what it had passed, and by noting that the remaining provision had not yet shown itself to be in conflict with federal law, the Supreme Court preserved more than a political win for those who need that sort of thing. It defended the laws which bind us together, for good or for ill, as a Nation.

When Do You Need An Immigration Attorney?

You need an immigration attorney if you want to immigrate to another country or if you are facing immigration issues. If you have a business which you want to move globally, you are at risk of being deported from a foreign country, you need a student or working visa, or you want to apply for asylum, an immigration lawyer can assist you on these situations. Because the laws on immigration can be extremely complex, it is a must that you consult with such a lawyer before you relocate internationally. Immigration lawyers have the skills needed to navigate the immigration bureaucracy.

The lawyer who specializes on immigration can discuss with you, your immigration plans and how it can be made as pleasant and efficient as possible. He/she can assist you in obtaining a residency permit, like a student visa, a work permit, or a temporary residency permit. If your case is pursuing a citizenship, you can discuss it with the immigration lawyer the requirements and the steps that you should take. Other immigration issues that the lawyer can handle include problems on renewing student visa, charges on over-staying a visa, illegal immigrating, and many more cases relating to immigration.

An immigration attorney can also work on asylum and refugee applications. You can hire his/her services and apply for asylum either before or when you have reached the country where you want to seek asylum. For businesses that you want to move to one country or between countries, you can hire an immigration lawyer to handle the necessary work permits and other issues that involve immigration.

Most countries have immigration laws that are very detailed and confusing at times, especially if you are not too familiar with the language of the country where you want to go. Someone should assist you in determining whether you need a visa to enter a certain country, and if so, what type of visa should you apply for. You should also have to know under what conditions you may remain or stay in the country, and how you can become a resident or a citizen. An immigration lawyer can also help you avoid denial of your application.

Choosing the best immigration attorney requires time to research. One best way to locate an immigration lawyer is to ask family, friends and co-workers for a referral. It is very important to get a referral from an individual who actually has used the services of such an attorney. Get information from these people about their experience with the lawyer, and whether they were happy with work done for them by the lawyer. Ask also how the attorney communicates with the client, about his/her professionalism, the working hours, and fees.

You can also get information from a bar association in your area. The association has a list of lawyers handling cases of immigration. You should be able to obtain information like the lawyer's experience and whether or not they got complaints against a particular lawyer.

Make appointments with each immigration lawyer that you have in your list, for a short consultation. Be prepared with questions that you would like to ask and be answered. Focus on your immigration issues. While you are on the attorney's office, try to get as much information as you can, because the visit will likely be a short one. After you are done with all the consultations, you will now be in the best position to decide which of the immigration attorneys is qualified to handle your immigration case.

Say Goodbye To Immigration Hassles With the Use of An Immigration Lawyer

Ignorance has no defense--this law caption is what should be clear in your mind before taking on certain stands. The immigration lawyers are the blessing of the 21st century, which should not be ignored by any person, who is looking forward to migrate to new countries. Due to the lack of knowledge about the right personnel to approach for immigration issues, many people get troubled with a whole lot of problems. In life information is of paramount importance, pressing the right buttons is what one needs to be at the safer side of not only law, but also life. The immigration lawyers are some of the personalities, who are out to assist those with problems ranging from difficulties of getting citizenships of a certain country all the way to the visa. The benefits of these lawyers are what the world should not ignore.

What Do the Immigration Lawyers Do?

Immigration lawyers are well-qualified and certified personnel, who can highly equip one with legal knowledge and procedures towards solving immigration related problems. These lawyers do quite a number of things, which will be discussed below.

These professional lawyers will advise an individual on how to get the visa into a certain country without breaking the law and wasting resources. Getting a visa, which is the gate pass into a certain country of choice, has for long been an issue for individuals who would like to immigrate. The specialized lawyers are the right personnel that one needs to see in case of problem involving immigration cases. The lawyers do not only give you the procedures to follow, but also will assist you to get justice whenever you are having an issue involving your visa. The residence cases, involving green cards acquisition procedures, are also the duties of these lawyers. They will assist you to acquire your green card easily in case there is a controversy, which is arising on obtaining the green card. For a new immigrant in a certain country, these lawyers are the people to hire if you ever need justice.

The deportation cases also fall under the responsibilities of an immigration lawyer. To those individuals, who are troubled with cases which can make them deported to their mother countries, the immigration lawyers can professionally help you get out of the problem. Having the right knowledge and knowing the right are two vital things that one need to have in event of deportation cases. The immigration lawyers will equip you with the right knowledge, which will be geared at assisting you to understand your rights and the ways of attaining justice.

Getting a permanent citizenship for any developed country is not an easy job and requires a lot of paperwork. If you have an immigration lawyer beside you, he will easily look after the documentation and guide you in the right way. You will be able to say goodbye to all the stressful problems that may arise in the process. All in all, individuals, who are facing problems in obtaining permanent residence or entangled in a deportation case, it is a smart decision to hire a good immigration lawyer.

Immigration Law Attorney: Now, Changing Citizenship Becomes Easy

In the world we are living in, there is nothing as hectic as changing one's citizenship. There are many reasons that would cause one to want to change their citizenships. Some of the reasons would be war and looking for greener pastures among other personal reasons.

When you plan on immigrating to another country for personal reasons, you need to hire the services of an immigration law attorney. An immigration law attorney is a practicing lawyer who deals with issues of immigration. The attorney helps you in acquiring your new citizenship through simple and legal processes. Many people have fallen victim of unscrupulous attorneys who help them acquire citizenship illegally after paying huge sums of money. Acquiring your citizenship illegally gives you a lot of limitations. There are very many activities you can't engage in. In addition, if you are caught with an illegally acquired citizenship you are deported to your country. You also face the risk of prosecution.

Sometimes acquiring citizenship of another country through the process of naturalization becomes a difficult task. When this happens, the need for an immigration law attorney arises. The attorney will follow all the right court procedures to see that you have finally gone through the process of naturalization. For instance, if you have been in the United States, for sometime either for studies or job related reasons, and becoming a legal citizen is proving a challenge due one reason or another, the immigration law attorney comes in and sorts everything out for you.

Becoming a citizen of the United States through naturalization has now become an easy and economical process, thanks to the services of immigration law attorneys. This is as compared to using illegal means of acquiring this citizenship. Illegal means of acquiring citizenship are not only expensive but are also risky. You risk prosecution in accordance to immigration laws. The attorneys are cheap and they offer you a permanent solution to the problem of immigration. After you have acquired your citizenship legally, you acquire all rights and privileges just like those of any other person born in the US.

In case you happen to get arrested by immigration and customs enforcement (ICE), an immigration law attorney will help you get released on bond. They will also negotiate on the reduction or redetermination of this bond. They also post your immigration bond in certain cases. This saves you from spending days in custody. After you have been released on bond, the attorneys work towards seeing your name cleared.

After attaining your citizenship in your new country through the process of naturalization, you need to be careful to avoid cases of deportation and cancellation of your citizenship. In case, after acquiring your citizenship, something happens, which could lead to your deportation, immigration law attorneys work towards your deportation defense. They negotiate for bond litigation and negotiate on bond determination. The attorneys also challenge your mandatory detention. Detention can be so damaging both financially and socially. They also help in removal of your citizenship cancellation and finally termination of all proceedings against you.

What Is A K-1 Visa?

The K Visa is not an immigration visa, but what is known as a "lawful intent" visa. An American citizen may petition to bring over a fiancé, his or her children, or a foreign national spouse to the United States to live. The "lawful intent" essentially refers to the foreign national taking further steps to legally gain residence in the United States. There are four different types of the K Visa relating to fiancés and children. This article will give an overview of each of the K Visas.

K-1 Visa

This visa allows foreign nationals who are engaged to American citizens and currently living in another country the legal right to live in the United States. The law stipulates the couple be married within 90 days of entry. Once married, the foreign national can change his or her status to become a Green Card holder. The K Visa is a non-immigration visa, meaning immigration is not a necessary component of receiving the visa. However, the foreign national can pursue permanent residence after receiving their Green Card.

While upwards of 95% of Americans who petition for a K-1 Visa for a fiancé are granted it, there are restrictions that apply. For example, the two must be legally allowed to marry in the state where they are to live. This could relate to being of legal age, already being married to another partner, or being of the same sex. The criminal record of the American petitioner is taken into account, as is how the foreign national will financially support his or herself once in America so they do not become a dependent on the state.

For years this visa has been closely scrutinized by the United States Citizenship and Immigration Services to try and prevent American citizens from entering into fraudulent marriages with foreign nationals as a way to gain citizenship while not actually having the intent of being in a romantic union. The agency has also tried to curb "mail-order bride" unions which often result in unrecognized expectations by both marriage partners.

K-2 Visa

If a foreign national who has been granted a K-1 Visa has unmarried children under the age of 21, they are eligible for the K-2 Visa. This allows the child the ability to live in the United States, seek employment, study in the U.S., and apply for permanent residency once the parent and the American citizen marry.

K-3 Visa

For foreign nationals living in another country who are already married to American citizen, the K-3 Visa allows them to live in the United States while they seek their immigration visa. While using this visa, the foreign national may seek employment, study in the U.S., and travel out of the country for short trips and then re-enter.

K-4 Visa

The K-4 Visa is similar to the K-2 Visa. This visa allows unmarried children under the age of 21 of the K-3 Visa holder the right to live in the United States while awaiting approval of an immigrant visa. The K-4 Visa holders can seek employment, study in the United States and also make short trips out of the country and re-enter.

The Chugh Firm

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.

Immigration Lawyers Can Help You Become a Legal Citizen

When you make the decision to move to the United States from a different country, you are embarking on a journey that many other people around the world wish they could take. Coming to America is not as easy it may appear. Since immigrants have to get legal permission to stay in the country if they plan on staying longer than a month, they may need some assistance getting the proper visa. 30 days is not a lot of time to get things in order so you can be granted legal permission for residency. If your application is not complete or properly filled out, you could end up having your case denied or delayed. Delays can result in your having to go back to your previous country before a decision has been made. This can cost you a significant amount of money and time, which is why it is in your best interest to hire immigration lawyers to help you with your situation.

You may feel that you can adjust to living life in the United States without getting the proper documentation you need. Did you know that if you don't have the proper documents such as a visa, it is illegal and can be quite challenging for you to find employment, find a place to live, or even get proper identification and a driver's license? By hiring a team of immigration lawyers, you can reap the benefits of having a legal team that is genuinely invested in see that you get all of the proper documentation you need to become legally able to live and work in the United States.

There is a lot of paperwork that needs to be filled out in order for you to be considered for a visa. The whole immigration and naturalization process is very complex and lengthy. Many foreigners are not native English speakers and may not fully understand what is required of them when it comes time to fill out all of the necessary paperwork. One of the most common reasons for applications to be denied or delayed is because they lack pieces of information and are not complete.

Of course there is more than just paperwork that needs to be completed before you have the opportunity to gain legal status. There is also an interview process, material that needs to be learned for a test, and classes that need to be taken. If you hire a reputable team of immigration lawyers to guide you through the process, then you can receive additional help and practice on how to successfully prepare for the other components of the legalization process. They can put you in contact with the additional resources you will need to successfully gain the required credentials. You have to learn all about American culture, history, the political system, and be able to demonstrate you know the fundamentals of American principles and can function in a capacity that allows you to interact with natural citizens.

How Skilled - Independent (Migrant) Visa (Subclass 175) Works?

Skilled - Independent (Migrant) Visa (Subclass 175) is a permanent residence visa. As a permanent resident the candidates are given the permission to continue to stay in Australia for an indefinite period. This permit also enables the aspirants to travel to and gain entry into the country for a period of 5 years from the time the permit is offered. In case the candidates are already present inside Australia, the termination of this permit does not impact their status related to permanent residency of Australia.

But, in a situation wherein the aspirants are keen to continue to travel to and from the nation, in their capacity as a permanent resident--and in the wake of the expiry of the initial permit--they have to get a Resident Return Visa (RRV). Their eligibility, or otherwise, for the said visa will depend on the time-period that they may have stayed in the Kangaroo Land.

Points Test

Skilled - Independent (Migrant) Visa (Subclass 175) has a points test suitably tailored to choose visa candidates who possess the abilities & attributes which will prove useful to them to find appropriate employment in a vocation which duly matches their qualifications, and is needed in the country.

Evaluation Criterion - Earning 120 Points

Working-out one's points correctly and classifying one's trade, vocation or qualified occupation properly is the solution to effectively filing an application for the Skilled Independent Migrant Visa Subclass 175 of Australia. Even as small mistake can see the cancellation of their permits. Based on these points are offered to a candidate:

Age (15-30 points)

The aspirants should be below 45 at the time of filing an application for the said visa, lest their applications are not entertained by the Citizenship & Immigration, Australia.

English Language (15-25 points)

With a view to working in a job, line of work or skilled occupation in the country, Immigration Australia requires the aspirants to duly prove--via offering International English Language Testing System points--that they possess sufficient English skills to do a job in their designated trade, occupation or skilled job.

Designated Profession (40-60 points)

Anywhere between 40 and 60 points are offered depending on the specific job, line of work or skilled profession that the aspirants designate in their application for Skilled Independent Migrant Visa Subclass 175.

Qualifications & Positive Skills Evaluation (No points but a key prerequisite)

It is compulsory that the aspirants should have been offered with a post secondary qualification even as this is comparable to a Bachelors Degree (or higher), diploma or trade qualification offered in Australia.

Specific Employment Qualifications (5-10 points)

Anywhere between 5 and 10 points are up fro grabs--provided the candidates may duly prove that they had been suitably engaged to work for 3 years out of the 4 years soon before filing their applications for Skilled Independent Migrant Visa Subclass 175.

Australian Service Qualifications (10 points)

As many a 10 points could be pocketed provided the candidates may prove that you have been engaged to work in the country in their chosen trade, vocation or skilled job for not less than 1 year, out of the 4 years soon before the time they file their applications for Skilled Independent Migrant Visa Subclass 175.

Recent Work Experience (No points but an important requirement)

The candidates should offer proof that they have been in fully paid service in their chosen trade, vocation or skilled job, the same being an employment which finds mention on the Skilled Occupation List brought out by Immigration Australia, for not less than 1 year out of the 2 years soon before the time they file an application for Skilled Independent Migrant Visa Subclass 175.

Migration Profession in Demand Qualifications (15-20 points)

In case the chosen trade, vocation or skilled profession of the candidates is one which is duly mentioned on the Skilled Occupation List, these points are obtainable

Language Points

Five points could be pocketed provided the aspirants have: • Done what could be called the correspondent to an Australian Bachelors Degree in a language other than English, or • Are qualified (Level 3) interpreters.

Partner Skills points

Five points are to be had provided the partners of the candidates are also suitably trained & qualified professionals, and they may cater to additional perquisites as duly decided by the Immigration Australia.

Australia Independent (Migrant) Visa (Subclass 175) has been closed with effect from 1st of July, 2012. Those interested in filing immigration application under Australia skilled Migrant program should now closely look at filing Australia Skilled Immigration Application under any of the following Australia Visa Sub-Classes: • Australia (Sub-class 189) immigration • Australia Skilled - Nominated (subclass 190) Visa • Australia Skilled - Nominated or Sponsored (Provisional) (subclass 489) Visa • Regional Sponsored Migration Scheme (subclass 187)

Deferred Action for Childhood Arrivals - DON'T GET CHEATED!

To make sure you don't get scammed by an illegitimate practitioner with regard to the Obama Administration's new immigration law - which some are calling a form of Amnesty - you will definitely want to read this entire article to gain a full appreciation of what you need to do to benefit from this new policy shift.

On June 15, 2012, President Obama announced a new type of immigration benefit which will benefit a significant sector of young individuals now living in the U.S. without legal immigration status. This new immigration policy which is being called Deferred Action for Childhood Arrivals is expected to affect hundreds of thousands, if not millions of foreign nationals present in the United States without legal status.

While this new policy grants important immigration benefits, it is not an immigration law because it has not been passed by the U.S. Congress or other legislative body. Additionally, it does not confer lawful status to individuals who are out of status in the U.S. Rather, as a result of deferred action, the U.S. government has made a decision not to exercise its right to remove or deport a certain group of individuals from the United States given its limited resources and it has decided to concentrate such resources on such unsavory individuals who have committed crimes and the like.

An individual who qualifies for deferred action will benefit from not be removed or deported from the U.S., at least while his or her deferred action is in effect. Additionally, an individual granted deferred action may apply to work in the United States. In order to obtain employment authorization, the individual will have to show that he or she has an economic necessity for employment. Finally, while an individual granted deferred action will not be considered to be accruing unlawful presence in the U.S. while deferred action is in effect. Deferred action will be issued and valid in increments of 2 years. At the expiration of two years, the grant of deferred action may be renewed.

The United States Citizenship and Immigration Services (USCIS) has recently announced that you may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching your 16th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Individuals may begin to request consideration of deferred action for childhood arrivals on August 15, 2012. If you file early, your request will be rejected. Frequently Asked Questions

The new process is open only to those who satisfy the guidelines. As such, immediate relatives, including dependents of individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process, may not be considered for deferred action as part of this process unless they independently satisfy the guidelines.

Similarly, USCIS announced if you are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention, you can request consideration of deferred action for childhood arrivals even if you are under the age of 15 at the time of filing and meet the other guidelines.

You may request consideration of deferred action for childhood arrivals starting on August 15, 2012. To do so, you will need to file your request for consideration of deferred action to USCIS through a form, along with the standard form requesting an employment authorization document. The total fees have been set at $465. Any applications received before August 15, 2012, will be rejected by USCIS.

Also, USCIS has announced it will conduct background checks when reviewing these requests for consideration of deferred action for childhood arrival including biographic and biometric information provided by the individuals to ensure good moral character.

In terms of the documentation you will need to supply along with your application, consider the following:

Such documentary proof as: financial records, medical records, school records, employment records, and military record will be necessary to establish that you came to the United States before the age of 16, that you have resided in the United States for at least five years immediately preceding June 15, 2012, and that you were physically present in the United States as of June 15, 2012.

Evidence to prove that you are currently in school, have graduated from high school, or have obtained a GED certificate may include, but is not limited to: diplomas, GED certificates, report cards, and school transcripts.

This article supplies information about the law and legal processes designed to help readers deal with their own specific legal needs. However, legal information is not the same as legal advice, to wit, the application of the law to one's particular circumstances. While the author has taken care to make sure the information provided is accurate and useful, it is recommended you consult a lawyer if you need legal advice appropriate to your particular situation.

Protect Your Green Card

According to Section 101(a)(13)(C) of the Immigration and Nationality Act, a returning Lawful Permanent Resident is not considered an "applicant for admission" to the United States unless the alien:

1. has abandoned or relinquished LPR status; 2. has been absent from the United States for a continuous period in excess of 180 days; 3. has engaged in illegal activity after departing the United States; 4. Has departed from the U.S. while under legal process of seeking removal of the alien from the U.S., including removal proceedings and extradition proceedings; 5. Has committed an offense identified in Section 212(a)(2) unless since, such offense the has been granted relief under Section 212(h) or 240A(a) 6. Is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the U.S. after inspection and authorization by an immigration officer.

Many permanent residents continue to have strong family or business ties to their native countries after becoming U.S. permanent residents and these ties result in frequent travels in and out of the country. If you are a permanent resident of the US, you should be aware of the six exceptions noted above that may deem you an "applicant for admission" for removal purposes.

The very first provision of this section allows Immigration Officers to treat a returning resident as an applicant for admission if he or she has abandoned their permanent resident status. If you are returning from a trip abroad and the circumstances of your departure or conduct during departure indicates that you abandoned your intention to remain a United States resident.

Many Permanent residents may not be aware that an absence of more than 180 days may also result in the same.

The third provision extends to illegal activity while being out of the US, recently, it has been held that illegal activity would generally not extend to noncriminal regulatory violations, in other words, illegal activity must generally be criminal in order to trigger the exception. Also, a lawful permanent resident who is physically present in the United States, may nevertheless be considered "outside the country" for immigration purposes he or she has not completed inspection upon entering the United States.

Consider the scenario where a resident departs the US and commits a crime while in another country and then he later enters the United States without being inspected, in this case, the resident is not considered to have been admitted and for the purposes of immigration, he has not entered the country and therefore remains an applicant for admission although he is now physically present.

We don't yet how minor of a criminal activity can trigger this provision to deem a returning resident to be an "applicant for admission." It is clear however, that a returning resident attempting to unlawfully bring an undocumented alien to the US would may be rendered an applicant for admission under this provision.

If you feel that you may be affected by the rules and regulations discussed above, or have any other Immigration law related questions, you should contact a local immigration Law Attorney.

Monday, November 26, 2012

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