Scott’s New Era Immigration
Navigating you through immigration law successfully (703) 955-7998 — info@scottcclaw.com
0
Exciting News Flash from Department of State for Russian Citizens:
Excerpted:
Secretary of State Hillary Rodham Clinton and Russian Foreign Minister Sergey Lavrov today announced an agreement
on the issuance of nonimmigrant business, tourist, private and humanitarian visas to the Russian Federation, and for
business and tourist visas to the United States, as well as short-term official travel visas to both counties in keeping with
the joint statement issued during the meeting of President Obama and President Medvedev in Deauville, France on May
26, 2011.
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, by granting as a rule, on a reciprocal basis, multiple-entry visas valid for 36
months.
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.
This agreement will go into effect after an exchange of diplomatic notes in Moscow.
Agreement between the United States of America and the Russian Federation
Regarding Visa Issuance
The sad reality is that we have innocent children lost in our broken immigration system. With the recent blocking of the Dream Act, it is important to know that there are still remedies for children under the age of 18. The purpose of this blog post is to briefly address a couple of ways that we can help minors achieve status in the United States.
Let’s take the case of a U.S. Citizen (USC) who wants to adopt his or her nephew. The nephew is 10 years old, and from Mexico. He enters the U.S. with a visitor visa and overstays, or his parents cross the U.S. border with him and are now either detained or nowhere to be found. Is there any way to legalize the nephew’s status? Is adoption/inter-country adoption the way to go? How does this work?
State law (which we do not discuss in this article) is an important step here, and determines adoption and custody rules for children. There are also Hague Convention Adoption laws which govern international adoption rules in the minor’s country of birth. We do not recommend this approach because completing an inter-country adoption is expensive and time consuming. U.S. Federal Immigration laws determine how to proceed in legalizing a minor in the United States.
Once permanent guardianship is in place, you can go back to your state court and file a motion called a “Motion for Special Findings.” Once you get the Special Findings (an order signed by the judge that lists the immigration requirements), the child can file an I-360 for Special Juvenile Immigrant Status (SIJS).
Ultimately, the idea behind the SIJS is that a child who is here under a permanent/long-term order by the state court, and who has a finding from the state court that it is in the child’s best interest not to be returned to their home country, is eligible to file for adjustment of status on his/her own.
After the child turns 18 and meets the other requirements, he can file for citizenship. If the family wants to adopt him, it is best to wait until after he gets the LPR (Legal Permanent Residency) because once he is adopted, he will not be able to file the I-360.
The above process requires a good family law and immigration attorney. If you have any questions or concerns, you may contact our law firm at info@scottcclaw.com or call us at our telephone numbers listed at www.scottcclaw.com.
ScottMond Law Firm
The good news is yes. A special document called a No Objection letter is needed from the Department of State (DOS). It is a complex process requiring an experienced immigration attorney in order to successfully remove the two year residency requirement that accompanies many J-1 Visas.
First, you have to complete the Waiver application online with DOS. This will generate a whole DS3035 packet which you will then have to sign and submit, along with supporting documents, to the Waiver Review division. There will be detailed instructions in this packet that you will have to follow.
The last page of the packet will be the scan code page. You will next need to forward this page to the foreign embassy with the request for the No Objection letter. The embassy should send the No Objection letter with the scan code page to the DOS Waiver Review division directly. Each foreign embassy has its own requirements and formalities for issuing a No Objection statement. You should contact them ASAP because some require you to overcome many obstacles to get the letter.
Once the No Objection letter is received by DOS, they will issue a recommendation letter to USCIS. USCIS will then issue a receipt notice to you. Finally, once the I-612 processing is complete, they will send out an approval notice of the 212E waiver. The process could take three to nine months.
For questions you may contact us at info@scottcclaw.com, or log on to www.scottcclaw.com for all our telephone numbers and address information.
The initial one year period of approval for an L1 Visa in the U.S. is essentially a “trial period.” The purpose of this article is to explain to our clients the importance of establishing a Dun & Bradstreet report (D&B report) within the first year of an L1 Visa approval.
U.S. Citizenship and Immigration Services (USCIS) has begun using an instrument called VIBE (Validation Instrument for Business Enterprises), a web-based tool using commercially available information from an Independent Information Provider (IIP). In many cases, Dun & Bradstreet (D&B) is used. USCIS scrutinizes even small start-up companies if they are not registered with Dun & Bradstreet, and the L1 Visa will consequently be denied.
Dun & Bradstreet is a company that provides subscribers with a ratings directory and credit reports of corporations. It also publishes financial composite ratios.
USCIS also compares information in D&B with information that is provided in the Visa petition, and makes an issue of any discrepancies. For example, if the D&B shows 20 employees and the I-129 form states 40 employees because the employer has not updated the D&B data, this is a problem. The employer has the responsibility of maintaining up-to-date information on D&B.
When our office begins representation, it is essential to lay a solid relevant business foundation for an L1 Visa. We will go over the D&B report well in advance of the L1 Visa renewal period. With this step in place, L1 visa renewal success with USCIS is maximized. For questions, you may contact us at info@scottcclaw.com or call one of the offices, locations for which can be found at www.scottcclaw.com.
ScottMond Law Firm
www.scottcclaw.com
Hope For F-1 Students To Stay In The U.S. Despite Falling Out Of Status Due To Medical Conditions
If you or someone you know initially enters the country on an F-1 student visa, and falls out of status due to medical reasons, there is hope under U.S. Immigration Laws.
Humanitarian Parole may always be a consideration; however, the following legal solutions may prove more successful. It is imperative that a student who falls ill and stops attending classes moves quickly to bridge his or her U.S. status.
First speak with your Designated Student Officer (DSO) of the University or College. The DSO may, in his or her discretion, give an F-1 student a leave of absence that should not affect his or her status. The DSO may also issue a new I-20 or make necessary comments to SEVIS.
Alternatively, if the F-1 student has fallen out of status already, it is necessary to apply “nunc pro tunc” for a Change in Status. The recommended change of status is B-2. It is essential to provide proof of strong financial support to U.S. Citizenship and Immigration Services when attempting to change status from student to visitor.
The above recommendations for F-1 students are legally complex. In dealing with such a serious situation, it requires an experienced immigration attorney to provide guidance and ensure the highest chances of success.
We invite you to contact our immigration law firm at info@scottcclaw.com, or visit our website atwww.scottcclaw.com for a listing of our telephone numbers. Staff is available to answer your questions.
ScottMond Law Firm
INA 245(I) is the latest grace extended by the U.S. government to legalize anyone in the United States back in April 2001 who overstayed their current U.S. visa or walked across the border without inspection (EWI).
In order to be considered grandfathered under 245i, an alien must satisfy the following requirements pursuant to 8 CFR 245.10:
1) The alien was the beneficiary of a qualifying immigrant petition or application for labor certification filed on or before April 30, 2001.
2) The qualifying immigrant visa petition or the qualifying application for labor certification was “properly filed” and “approvable when filed”.
3) The principal alien was physically present in the United States on December 21, 2000, if the alien’s qualifying immigrant visa petition or application for labor certification was filed between January 15, 1998 and April 30, 2001.
Once it is determined that an alien is grandfathered, they remain grandfathered until they are eligible to adjust through almost any means. In other words, an alien may adjust when a visa number is available, if they win the diversity visa lottery, or if they become the beneficiary of an I-140 or I-130 to name a few examples.
Whether one’s spouse or children are grandfathered or may adjust depends if they fall into one of 3 categories.
1st Category: If the grandfathered foreign national was married to his or her spouse at the time they became grandfathered pursuant to 245i, then the spouse is grandfathered and able to adjust status.
2nd Category: If at the time the foreign national was grandfathered he or she was NOT married, his or her spouse is NOT grandfathered. But if the foreign national is married when they adjust status, their spouse may also adjust as a beneficiary.
3rd Category: If at the tine the foreign national was grandfathered and adjusted status he or she was not married, and then their spouse or child will not be eligible to adjust status.
Please note that the rules for spouse also apply to children who are not permanent residents. If you have any questions you may email us at info@scottcclaw.com or contact us at one of our offices in the DC, VA, MD area. You will find our telephone numbers and locations listed on our website at www.scottcclaw.com.
ScottMond Law Firm
Imagine, you are 16 years old and excited to finally get your driver’s license but suddenly you find out the worst! Or you have dreamed your entire life about becoming a doctor, nurse or engineer and followed good advise “just get good grades in school” and you will succeed; you do all this only to find out the roadblocks you face to a post secondary education and career are often insurmountable.
Without the Dream Act, millions of undocumented young women and men who were brought over the border illegally by their parents while they were infants or children have not been permitted to get a driver’s license or funding needed for a college education. Often parents who brought their children over illegally do not share this with their children unless it is absolutely necessary. The children enjoy a normal life in the United States believing all is well.
The Dream Act addresses this major problem and today the U.S. House of Representatives voted to pass the American Dream Act. The legislation will provide undocumented young women and men who were brought to the U.S. illegally a path to citizenship if they attend college or serve in the military.
The legislation has many different aspects and requirements, none of which are discussed here. If you have any further questions you may contact our office at info@scottcclaw.com or call us at one of our offices in Virgina, D.C, or Maryland.
ScottMond Immigration Law Firm
(703)955.7998/301.251.4003/202.296.0122
www.scottcclaw.com/info@scottcclaw.com
See Important H1B Visa Tips on Getting a Fast Approval from U.S. Citizenship and Immigration Services:
- Have a headhunter verify that your job requires the minimum of a bachelor’s degree and put it in writing.
- Find job Postings on Monster.com or Career Builder.com that clearly states the minimum of a bachelor’s degree is required for the foreign national employee’s position.
- Complete the LCA with the Depart of Labor (DOL) immediately once it is determined that this job is a specialized profession because it requires the minimum of a bachelor’s degree.
- Employers should write a business necessity letter with an experienced immigration attorney that needs to be submitted to the U.S. Citizenship and Immigration Services (“USCIS”)
- Do not include financials for the business or employer unless UCIS explicitly writes and asks that you supply this information.
- Ensure that you have all credentials evaluated that were not earned in the United States.
- Ensure that there are no blanks on the application I-129. Fill in LCA code and LCA code wherever required.
- Make sure signatures are signed on I-129 in two key spots. (Often only one spot is signed and can cause a rejection).
- Consider using Premium Processing which guarantees a decision on your H1B visa within 15 business days.
If the H1-B cap is close, work with an immigration law firm and attorney that has good support staff. A solo immigration with no support staff may miss important information and make mistakes due to basic human nature. A proper system and staff in place ensures the quality control needed to ensure that important items will not be missed, despite the “H1B rush”. A fast turn around is indeed required when H1B visas will run out for the fiscal year.
ScottMond Law Firm
Immigration Lawyers Serving Families, Individuals and Businesses
(703)261.6881 (main office number)
(301)251.4003/202.296.0122 (Maryland Office/Washington D.C Office)
The purpose of this article is to hopefully reduce the huge mistake that costs U.S. Permanent Residents and Non-Citizens their right to travel back to their home country. Specifically, if a Permanent Resident or Non-Citizen with a brief criminal history travels abroad they are often faced with the surprise of arriving at the airport back in the United States only to be told by Customs Border and Patrol (CBP) that they are “inadmissible”. In other word, they are banned from reentering the United States.
The reason this is often so surprising to foreign nationals/non-citizens, is that he or she often did hire criminal attorneys and even immigration attorneys to ensure that they would not be “deported” if they plead and/or were convicted of a criminal charge. A foreign national will then feel confident about the immigration consequences of their actions and rest easy.
However, it is critical that a foreign national BEFORE travelling abroad consult with an immigration attorney to ensure that although they are not removable from the United States they will not face inadmissibility issues when they attempt to reenter the U.S. after a brief trip abroad.
The Law
Criminal inadmissibility grounds will or may prevent a noncitizen from being able to obtain lawful status in the United Stats; and may also prevent a noncitizen who already has lawful status from being able to return to the U.S from a trip abroad in the future.
Controlled Substance Offenses. Conviction or admitted commission of a controlled Substance Offense, or DHS reason to believe that the individual is a drug trafficker will also trigger inadmissibility. It is critical to note here that even if there was not a conviction and a noncitizen just verbally admits to a CBP officer that he trafficked drugs at some point the noncitizen will be inadmissible. This applies to other crimes not only drug trafficking.
Crime Involving Moral Turpitude. Conviction or admitted commission of a Crime Involving Moral Turpitude (CIMT), which category includes a broad range of crimes, including:
- Crimes with an intent to steal or defraud as an element (e.g. theft, forgery)
- Crimes in which bodily harm is caused or threatened by an intentional act, or serious bodily harm is caused or threatened by a reckless act (e.g., murder, rape, some manslaughter/assault crimes)
- Most sex offenses
There is a Petty Offense Exception which it is not the purpose of this article to discuss.
Also, prostitution and commercialized vice makes a noncitizen inadmissible, and conviction of two or more offenses of any type plus aggregate prison sentence of 5 years.
Again, even if a non-citizen has consulted with an immigration attorney in conjunction with criminal counsel and he or she has been told that they will not be removed or deported from the United States this is not enough. Based on pleading or prior conviction(s) of certain crimes a non citizen may be inadmissible back to the United States, FOREVER, after a brief trip abroad. It is imperative that a noncitizen seek an experienced immigration attorney’s advice before travelling abroad. You may contact one of our immigration attorneys at the information provided below with any questions.
ScottMond Law Firm
Immigration Lawyers Serving Families, Individuals and Businesses
(703)261.6881 (main office number)
(301)251.4003 (Maryland Office)
(703)966-0907 (emergency client line only)
The H-1B Visa is the number one visa option for professionals with at least a bachelors degree or bachelors degree equivalent. One’s occupation must meet the muster of being classed as a “specialty occupation”.
H1B visas are “capped” visas. A limited number of visas are available each year and once the cap is reached, no further visas are available until the fiscal year reopens each April. Historically, when the fiscal year opens the visa cap has been met in one to two days. It has been a literal race for law firms across the country to capture a visa number for their clients. A lottery has even been set in place by USCIS after the cap has been reached for “lucky” individuals to be counted.
The good news is that there are still H-1B visas available for the current fiscal year. However, the latest update on visa numbers is listed below:
FY2011 H-1B Cap Count (Updated 10/05/10)
USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 10/1/10, approximately 40,600 H-1B cap-subject petitions were receipted. USCIS has receipted 14,900 H-1B petitions for aliens with advanced degrees.
If you have questions, you may contact our law firm at the number listed below and visit our website.
ScottMond Law Firm
(703)261.6881
Back to top