Permanent Residency & The Green Card

Permanent Residency. Permanent residency is often referred to as having a Green Card. There are two primary categories of immigration: Immigrant status and Non-immigrant status. Immigrant status allows permanent residency in the United States. Non-immigrant status provides an authorization to aliens for temporary residency that expires upon the occurrence of a specific event.

A Permanent Resident is commonly referred to as a “Green Card” holder. Permanent residents have many rights which include the following:

The right to live in the United States permanently;

The right to reenter the United States after traveling out of the country abroad;

The right to apply for U.S. Citizenship after continuously living as a Permanent Resident in the United States for five (5) years

The right to employment in any work that is legal;

There are four main categories for green card permanent residency and even more subcategories under each main category. The main green card categories include Family Sponsored Immigration, Employment Immigration, DV Lottery, and Asylum and Refugee status.

Family Sponsored Immigration Green Card. Foreign family members of U.S. citizens and permanent residents may qualify for an immigrant visa. However, the United States sets strict limitations on the number of immigrant visas allowed each year. The closer the relative is the higher that person falls on the priority scale for obtaining an immigrant visa. Immediate family members of U.S. citizens are given the highest priority. Foreign parents, children under the age of 18, and spouses fall outside of the quota system and usually qualify quickly for an immigrant visa. Extended family members of United States citizens and family members of permanent residents may also qualify. However, the waiting period may be much longer. In some cases, the wait for a visa may exceed 10 years. The priority list for family sponsored immigration is as follows: (1) F-1 – Unmarried Sons or Daughters of U.S. Citizens over the age of 21; (2) F2-A -Spouses and unmarried Children of Permanent Residents under the age of 21; (3) F2-B -Unmarried Sons or Daughters of Permanent Residents over the age of 21; (4) F-3 -Married Sons or Daughters of U.S. Citizens over the age of 21; (5) F-4 – Brothers and Sisters of U.S. Citizens.

The relationship is only one criteria in determining preference. A second criteria includes the country of the relative’s origin. Economically poor countries such as China and India tend to have the longest waiting periods.

Employment Immigration Green Card. Aliens seeking permanent residency in the United States for employment purposes must fit into one of five categories. The first category is “Priority Workers” which includes Intra-Company Transferees of Managers and Executives, Outstanding Professors and Researchers and Aliens of Extraordinary Ability in the Sciences, Arts, Education, Business and Athletics. The second employment category is “Aliens of Exceptional Ability in the Sciences, Arts or Business” which includes Professionals with advanced degrees. The third category includes “Professionals with Bachelors Degrees not qualifying in the 2nd Preference, skilled workers, and unskilled workers in special needs professions. The fourth category is very narrow encompassing “Religious Workers” who are here to carrying out their religious mission. Finally, the last category is based on economic development and includes individuals who invest one million dollars ($1,000,000.00)in a new “commercial enterprise” or in a “troubled business” or those who invest Five Hundred Thousand Dollars ($500,000.00) in a “new commercial enterprise” or “troubled business” in a “targeted employment area.”

DV Lottery Green Card. 55,000 immigrant visas each year are available to those winning a Visa Lottery. The number of lottery visas are apportioned to countries that have fewer visa applicants. To apply, an immigrant must fill out a number of forms detailing their background with the INS. Each year lottery contestants are drawn and notified if they have won. A winning alien may make application for an immigrant visa.

Refugee/Asylum Status. Refugee and Asylum status allows foreigners fearing persecution to seek refugee status in this country. Foreigners outside of the United States may seek refugee status. Foreigners already in the United States may seek asylum to prevent deportation. After approval of Refugee or asylum status, the alien is allowed to enter or remain in the United States and may seek an adjustment of their status to one of permanent residency after one year.

For legal assistance Call (952) 746-2153.

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at www.workvisalawyers.com.

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Travel Visa

Why was my Travel Visa denied and what can I do now?

Hearing a consular officer say, “Your application for a temporary travel visa is denied. You are not qualified under Section 214(b) of the Immigration and Nationality Act,” can cause great disappointment and sometimes embarrassment. Here is what a 214(b) visa refusal means and what applicants and friends can do to prepare for a visa reapplication.

What is Section 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (“INA”). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status . .

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the United States at the end of the temporary stay. The law places this burden of proof on the applicant.

Consular officers must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.

What constitutes strong ties?

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. “Ties” are the various aspects of your life that bind you to your country of residence, your possessions, employment, social and family relationships.

Consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is supposed to be accorded every consideration under the law.

Is a denial under Section 214(B) permanent?

No. The consular officer will reconsider a case, if an applicant can show further convincing evidence of ties outside the United States. However, due to a person’s particular situation, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional and financial circumstances change considerably.

Invitation Letter

A letter of invitation or support from a United States citizen may help. However, this does not guarantee visa issuance. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of an American sponsor’s assurance.

Practical Tips

Review your situation and evaluate your ties. Make a note to yourself about what qualifying ties you think you have which may not have been evaluated at the time of the interview with the consular officer. You should review the documents that were submitted for the consul to consider. Although applicants may reapply for a visa, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: 1) Did I explain my situation accurately; 2) Did the consular officer overlook something; and 3) Is there any additional information I can present to establish my residence and strong ties abroad?

Keep in mind that you will be charged a nonrefundable application fee each time you apply for a visa, regardless of whether a visa is issued.

Can anybody influence the Consular Officer to reverse a decision?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation, the United States Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at the Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new, convincing evidence of strong ties. Nevertheless, an Immigration Lawyer may be able to help you present your case in the best possible light.

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or through his immigration website located at www.workvisalawyers.com.

Immigration NYC

The craze for going abroad has been catching pace really fast. There are several people who are trying to go to NYC or other places for better prospects. Better job opportunities, better compensation and better living facilities have been acting as the attractive features of NYC. It is because of this reason that the demand of immigration has increased. Moreover, to stay in NYC or any other foreign place, you need to have immigration permission from the government of that city. Immigration in NYC or any other city has become all the more necessary from the security point of view.

Immigration is like a gate pass to enter any foreign country. It is very necessary because immigration is the proof of your staying permission in NYC or any other city. Do you want to settle down abroad? Is that you are planning to migrate to the US, Australia, London, Canada or any other foreign country? Be it the question of visiting the foreign country or going to stay permanently in that city, immigration is mandatory for you. It will enable you to have a hassle free entrance in that city. Apart from this, it will also save you from security related problems that may arise because of the illegal entrance to any foreign city.

There are various forms of immigration permission required to live in a particular city. If you are thinking of visiting NYC or any other city, then you can opt for a tourist visa. The tourist visa allows you to stay at a place, for a particular period of time. The time limit may vary from 3 months to 6 months, depending on the permission granted by the high commission of that particular city. You can enjoy seeing the site and various aspects of the lifestyle, without getting involved in security problem. Immigration helps you to create a security panel for yourself.

Numerous people plans to go abroad for higher studies in different fields. Some girls or boys go abroad for doing management courses. Many other people go abroad for pursuing pharmaceutical related courses, while others go for doing communication courses. Well, no matter what the course is, the main concern is that the person gets a student immigration visa for this purpose. This form of immigration permission allows the student to stay in that particular city, till the time course gets completed. After the completion of the course, the person has to leave the city.

If you are planning to go for the purpose of working in NYC or any other foreign city, then non-immigrant visa is the best option for you. The main thing concerned with the non-immigrant visa is that, the company has to send you a sponsorship. Usually, what happens is that the company sends permission and sponsorship for their employees that may enable you to undergo a hassle free security process. The most important thing needed for acquiring the permission of immigration is a valid passport and a specific visa that signifies your stay in a city. You need to have every particular document intact for acquiring problem free immigration permission.

Hadiya Robins is a legal expert. She works for Pulversthompson and gives advice to clients who are looking for Immigration lawyer NYC ,Matrimonial lawyer,lawyer new york.For legal advice and to get services of a lawyer in New York visit http://www.pulversthompson.com.

Naturalization

The importance of seeking US citizenship.

If there is one thing I stress to my clients who have recently become lawful permanent residents it’s the importance of becoming a US Citizen if he or she intends to stay in the United States. I have received many calls from prospective clients who are long-time permanent residents that have gotten themselves into a bit of trouble and are at risk of being deported from the only home they have known for decades and separated from their children and spouses.

The reason I make sure my clients are thinking about this issue even though they have just become permanent residents is that as a resident you have far less rights than a US Citizen. In fact, other than basic due process rights under the US Constitution your life in the United States is dictated by the political winds blowing through Washington D.C. at any given moment and those change frequently.

The provisions of the 1996 IIRAIRA bill have had devastating effects on many lawful permanent residents and their families by removing relief and creating new grounds for removal which were retroactive. In other words, lawful permanent residents were (and are) being removed for acts they committed, or at least said they committed as part of a plea agreement, years ago.

The perfect example of this is HR4437 passed by the House of Representatives this year. This ridiculously harsh bill not only makes it an “aggravated felony” to be in the United States without status (either you entered illegally or you fell out of status at some point) it also makes anyone who assists a person who is here without status an aggravated felon as well. This is not only applicable to smugglers as the bill has a separate penalties for those who are assisting the undocumented or out of status for profit. This bill also applies to family members, clergy, attorneys, anyone that may do something (arguably anything as the language of the bill is very broad) that causes the individual to stay in the United States while out of status.

As mixed status families (families with some undocumented members and members who are in the US legally) are common this could create a situation where not only does the undocumented worker get removed from the US but the family members who are permanent residents may be charged with an aggravated felony and subject to removal as well. Being charged with an aggravated felony may preclude the family member from seeking any relief from removal and they may be removed no matter how long they have been in the United States.

On the other hand, a US citizen cannot be removed from the United States (and would arguably be subject to prosecution as a felon but it’s not clear how much of a realistic risk this is) and that is why it is important to pursue naturalization if you are eligible and if you intend to remain in the United States. Particularly in the sort of anti-immigrant climate we see today.

Justin G. Randolph is a practicing immigration attorney in Chicago, Illinois and is a generally pleasant fellow. He can be reached through his websites at http://www.jrandolphlaw.com or http://www.immigration-lawyer-chicago.com.

Imigration Law in New York

Immigration of people from one country to another has been going on for many years. Today, more then ever people are looking to immigrate to foreign countries in search of better opportunities and a better lifestyle. The United States of America is one of the most preferred destinations for immigration and New York is among one of the most preferred cities by people from all over the world. So if you belong to another country and want to settle down in New York, you will have to hire the services of immigration lawyer in New York.

There are many legal things that need to be considered before you can become the citizen of any country. The laws regarding immigration are very complex containing very small legal nuances. All these nuances are not very easy for a common person to understand and this exactly why you will require the services of an immigration lawyer. You will need to know all about these things clearly if you want to settle down at New York in the United States.

The main reason for you to hire the services of an immigration lawyer is because of the complex nature of the immigration laws of America. Instead of trying on your own to understand those complex laws, it is better to seek the services of a professional immigration lawyer who has the knowledge and the experience of dealing with immigration related issues. Another reason is that immigration laws keep on changing and lawyers are the best source for a person to know about all the changes that has taken place.

There are several immigration lawyers who operate in New York, but it is crucial for you find out and hire the services of the best lawyers to deal with your immigration issue. You pay money to hire the services of lawyers, so you must ensure that you get the proper worth of your money. Make sure that the lawyer is a member of AILA or American Immigration Lawyers Association. An AILA lawyer has access to all the information that will help in speeding up your process of immigration to the country. They see to it that your immigration application gets processed very quickly through the proper channels.

Take an estimation of the amount that the immigration lawyer will charge you. Find out that if the rate is hourly or not. This will help you in finding out approximately how much money you will have to pay for the services and you can make arrangements accordingly. Also find out what will be the charges if your application is rejected due to any reason and if an appeal has to be filed. You must be clear about all this before you hire the services of an immigration attorney.

One important thing which you need to check out about the lawyer is his/her track record as an immigration attorney. What is the success rate and if there has been any failure, what have been the reasons for it. If your attorney has more experience, then chances for the successful processing of your immigration application also increases.

Hadiya Robins is a legal expert. She works for Pulversthompson and gives advice to clients who are looking for Immigration Lawyer New York,Matrimonial Lawyer New York,Lawyer New York.For legal advice and to get services of a Lawyer in New York visit http://www.pulversthompson.com.

California Immigration Law

The Violence Against Women Act (VAWA), passed into law in 1994 and amended in 2001, provides hope for immigrant domestic violence survivors. An abused immigrant who is married to a
U.S. citizen or Lawful Permanent Resident or who divorced her abuser in the past two years may now petition on her own for an immigrant visa and green card application, without the abuser’s knowledge or consent.

In this confidential process, CIS (formerly called “INS”) agents cannot legally contact the abuser and tell the abusive spouse anything of the abused immigrant’s attempts to obtain a green card under VAWA.

The process can often be completed within a year for those married to
U.S. citizens. This process also provides renewed work authorization to lawful permanent residents who usually face a longer waiting period due to visa number backlogs.

Further, there is no appearance in front of a judge required (the process is paper driven) by the immigrant spouse and s/he may leave her abuser at any time, without harm to her immigration status. So, given these benefits, why do so many immigrants in such abusive marriages not file for their permanent residency under VAWA?

There are two main reasons. For one, many do not know of VAWA’s protections for abused immigrants and secondly, most do not recognize that what they have experienced or are still facing can be considered abuse or “extreme cruelty” under
U.S. immigration law.

A finding of “extreme cruelty” (abuse under immigration law) is based on the emotional, psychological, financial, and/or physical abuse that an immigrant experiences during his or her marriage. The immigrant must not only prove to CIS that such abuse happened as best s/he is able but must also indicate how this abuse has affected the immigrant.

What one immigrant may consider abusive (i.e., derogatory put-downs) may not be considered abusive to another immigrant or person, depending on their culture, upbringing, background, or life experiences.

The immigrant must explain to CIS why their spouse’s actions affect her so significantly and subjectively, and thus, why CIS should consider those actions, taken in their totality (i.e, a pattern can be shown instead of one or two extremely abusive actions) should be considered “extreme cruelty.” For example, in many cases, a pattern of purely psychological abuse may be more terrifying and damaging to an immigrant’s emotional and physical well-being than physical abuse. It is important to point out that an immigrant does not have to indicate that she experienced physical abuse to receive an approved VAWA case.

The following lists some common examples of behavior that may be considered “abuse” under U.S. immigration law:

Any type of Physical abuse, which also includes:

· Forcing you to have sex with him against your will, for fear that he will have you deported or will physically harm you;
· Forcing you to engage in his sexually perverse behavior even though you do not want to;
· infecting you with HIV or other disease due to his reckless or intentional acts;
· Groping, grabbing or touching you in your private areas in private or in front of others, humiliating you and making you feel uncomfortable;
· Forcing you to engage in unsafe sex with him or others;

Psychological/Emotional Abuse may include:

· Repeatedly making fun of you and humiliates you;
· Intimidating you (or threaten to harm your family or friends);
· Following you to or constantly calls you at your place of work trying to find out what you are doing;
· Making degrading remarks about your home country or your gender or sexuality;
· Threatening to have you and/or your children deported or call INS if you don’t do what he says or if you tell anyone about the abuse;
· Threatening to withdraw his green card sponsorship;
· Refusing to let you visit with your friends or family members or speak to them on the phone;
· Keeping tabs on you all day and becomes angry/obsessive about your whereabouts and who your friends are;
· Locks you in your own house or apartment;
· Refusing to let you use the phone to contact anyone or the police;
· Attempting to sabotage your friendships and work relationships;
· Attempting to destroy your reputation or causes you to lose your job;
· Giving you false hope that he will never hit you or abuse you again;
· Holding your passport hostage if you don’t do what he wants;
· Refusing to let you see your immigration papers and maintains absolute control;
· Treating you as his servant;
· Harming your pets or threatens to kill them;
· Ignoring you when you speak to him and refuses to speak to you, unless you do what he wants;
· Destroying your property;
· Threatening to commit suicide;
· Ignoring you for hours or days, refusing to speak to you or acknowledge that you are speaking;
· Blaming you for the abuse and his poor choices;
· Threatening to take away your children or tries to use your children against you;

Financial Abuse may include:

· Forcing you to pay all the joint expenses and even his private expenses;
· Forcing you to work double shifts, long hours, or perform demeaning work;
· Forcing you to beg him for money, even for the emergencies and basic essentials;
· Sorting through your things and invading your privacy, looking for items you have purchased and humiliatingly make you account to him for even your own spent money;
· Refusing to buy you food or clothing;
· Stealing from you;
· Forbiding you access to your joint accounts;
· Punishing you for purchases s/he made accusing you of lying or stealing from him/her;

Many times, an immigrant who seeks legal assistance because of abuse does not mention psychological or financial abuse because she fears that she will not know how to prove it. Physical abuse usually can be documented with photos, police reports, court transcripts, and restraining orders, but admittedly, psychological abuse is more difficult to demonstrate.

It still can be proven, though, through evidence including detailed affidavits of witnesses, hospital records and counseling reports.

Financial abuse may also be proven through receipts, checking account statements, affidavits of witnesses, and other types of documentation. Its imperative for any immigrant in an abusive marriage to seek assistance from an attorney, to brain-storm with the attorney about what kinds of evidence and witnesses will be available, and more than anything, to know her options.

 

California Immigration Lawyer

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