Scott’s New Era Immigration
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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 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
Many of our clients have experienced layoffs requiring them to seek alternative employment in H-1B status. Porting over to another employer requires a very detailed legal analysis by an experienced immigration lawyer. Our law firm provides tips from time to time on various situations that the H-1B visa holder may find him or herself experiencing. Here is an example of one:
Scenario and Question
If an employee currently has 5 months remaining within his initial 6 year term. He or she transfers from Company A to Company B. Company A already filed his or her I-140 which is approved. Can employee then transfer to Company B and request an extension for 3 years based on the I-140 filed with Company A, or can he or she only file an extension/transfer for 5 months with Company B?
Answer
Good News: He or she can ask for the 3 years as long as company A does not withdraw the I-140. And, if company A withdraws, company B should file promptly.
You may contact our law firm at info@scottcclaw.com or through our website www.scottcclaw.com. Our telephone numbers are also displayed on the website.
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
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)
Domestic Violence is one of the most difficult forms of abuse to face “head on” as it touches every aspect of one’s life, whether male or female. It can leave an individual emotionally, financially, spiritually, physically and logistically paralyzed. The issues of shame, codependency, and fear for themselves or fear for their “victimizer” (whom they love or loved) makes taking necessary quick protective action seem distant. However, a supportive network of friends, family, psychological counselors, legal counselors and spiritual support is the essential key to prevailing in receiving U.S. immigration benefits such as a Legal Permanent Resident Status (Green Card).
The legal tool used to assist non- U.S. Permanent Resident victims of domestic violence is the Violence Against Women’s Act (“VAWA”). The purpose of this article is to briefly highlight some of the powerful benefits and issues surrounding filing a VAWA I-I-360 self petition. It is essential to have a one-on-one consultation with an experienced immigration attorney to see how you or someone you know can benefit from the points mentioned below.
Whether One’s Illegal Status In The U.S. Matters When Filing A VAWA Application.
Even if a victim has crossed the border illegally without inspection, has a prior removal order in place against them, is unlawfully present in the United States, or has a record of multiple illegal reentries; if the abuse and/or extreme cruelty was one of the central reasons for being out of status the victim may indeed be eligible for VAWA benefits.
Is it Too Late to Self Petition through VAWA if a Victim is Already Placed in Removal Proceedings?
No. One’s removal may be stopped. In fact, special rules apply for Cancellation of Removal for victims of domestic violence which can stop the removal altogether while the I-360 VAWA application is being adjudicated.
Who Really Can Benefit from a Self Petition through VAWA?
The following individuals are eligible to self petition under VAWA:
- Spouse
- Intended Spouse
- Divorced Spouse
- Widowed Spouse
- Child under 21
- Parent of a Child Abused by USC or LPR
- Adult son or daughter
- Parent of an Abuser over 21
- “Child” until age 25 with showing that failure to file by age 21 due to abuse
What does One Need to Establish to be Successful in a VAWA Petition?
In order for an individual to have a successful VAWA application, the following factors at least have to be met:
- Extreme Cruelty and Abuse
- Credible Evidence has to be provided
- The Marriage had to have been entered into in good faith
- A demonstration of Good Moral Character for the Statutory Period
- Proof that the Victim Resided with the Abuser at some point.
- Proof of the Abuser’s Status in the U.S.
- The self-petitioning victim has been residing in the U.S.
Is There Any Way to Get Work Authorization If I, the Victim, am Self-Petitioning or in Removal Proceedings
Yes. Certain Rules apply that allow U.S. Citizenship and Immigration Services to grant work authorization to individuals who are self petitioning through VAWA.
The above discussion only “scratches the surface” of what it takes to move forward with a VAWA petition and be successful. Again, if you believe that you or someone you know is eligible for VAWA, your next step is to contact experienced immigration counsel. If you have any questions please feel free to contact us at info@scottcclaw.com or call 703.261.6881 in VA, or 301.251.4003 in MD.
Visit our website at www.scottcclaw.com.
ScottMond Law Firm
The concept of a detainer is often hard to comprehend and accept. What it means to an individual who is incarcerated in State custody, and his family is overwhelming and causes great grief when not immediately placed in perspective. Not being able to get bond, or be released from jail after serving time is the harsh consequence of a detainer.
Overall, a detainer is placed by the federal government on a foreign national/non-citizen so that the state will hold them for a period as the federal government has a legal interest in the detained individual.
We hope by providing the following guidance directly from U.S. Immigration and Customs Enforcement (“ICE”) that our reader’s will better grasp the process of a detainer, and have some comfort.
Definition of Detainer: A detainer, issued on form I-247 is a notice that ICE issues to a Federal, State, and local law enforcement agency (“LEA”) to inform the LEA that ICE intends to assume custody of an individual in the LEA’s custody. An immigration detainer may serve three key functions.
- Notify and LEA or jail that ICE intends to arrest or remove an alien in the LEA’s custody once the alien is no longest subject to the LEA’s detention;
- Request information from an LEA or jail about an alien’s impending release so ICE may assume custody before the alien is released from LEA’s custody; and
- Request that the LEA maintain custody of an alien who would otherwise be released for a period not to exceed 48 hours (excluding Saturdays, Sundays, and holidays to provide ICE time to assume custody.
As a general matter, immigration officers should not issue detainers against an alien charged only with a traffic-related misdemeanor unless or until the alien is convicted, unless:
- The alien has a prior criminal conviction;
- The alien previously has been excluded, deported, or removed from the United States or allowed to voluntarily return to his or her country of nationality;
- The alien is the subject of an outstanding immigration warrant or is the subject of a final order;
- The alien is part of an existing criminal investigation;
- An articulable reason exists to believe that the alien presents a danger to national security or a genuine risk to public safety; or
- The traffic-related misdemeanor involved driving under the influence of alcohol or drugs, physical injury to a person or property, or flight from the scene of an accident.
Immigration officers should not issue a detainer unless an LEA or jail has exercised its independent authority to arrest the alien. Immigration officers shall not issue detainers for aliens who have been temporarily detained by the LEA (i.e. roadside or Terry stops) but not arrested. This policy, however, does not preclude temporary detention of an alien by the LEA or jail while ICE responds to the scene.
Immigration officers are expected to make arrangements to assume custody of an alien who is the subject of a detainer in a timely manner and without unnecessary delay. Although a detainer serves to request that an LEA or jail temporarily detain an alien for a period not to exceed 48 hours from the time the LEA or jail otherwise would have released the alien (excluding Saturdays, Sundays, and holidays) to permit ICE to assume custody of the alien, immigration officers should avoid relying on that hold period. If at any time after a detainer is issued, ICE determines it will not assume custody of the alien, the detainer should be withdrawn or rescinded and the LEA notified.
ICE shall timely assume custody of the alien if ICE has opted to lodge a detainer against an alien if any of the following categories:
- aliens who are subject to removal based upon certain criminal or security-related grounds set form in INAQ §236(c);
- Aliens who are with the “removal period,” as defined in INA §241(a)(2); and aliens who have been arrested for controlled substance offenses under INA §287(d).
Immigration officers shall take particular care when issuing a detainer against a lawful permanent resident (LPR) as some grounds of removability hinge on a conviction, while others do not (e.g. removability pursuant to INA §237(a)(4) and INA §237(a)(4) and INA §237(a)(1)(E).). Although in certain instances ICE may hold LPRs for up to 48 hours to make charging determinations, immigration officers should exercise such authority judiciously and seek advice of counsel for guidance if the LPR has not been convicted of a crime.
The above guidance from U.S. Immigration and Customs Enforcement (ICE) is the general standard. An attorney should be contacted ASAP to ensure that your loved one is not moved out of state, to protect his or her rights, and to ensure that ICE is following it’s own guidelines and mandates.
Please contact our office with your questions or concerns. One of our attorneys will be happy to speak with you.
ScottMond Law Firm
(703)261.6881 or (202)296.0122
On August 20th, 2010 U.S. Immigration Customs and Enforcement (“ICE”) issued a memorandum from Assistant Secretary John Morton that will make a non-citizen or alien who is placed in removal proceedings eligible for relief if they have a pending Petition for Alien Relative (“Form I-130 or petition”).
Basically, ICE and United States Citizenship and Immigration Services (“ USCIS”) will now work more efficiently together so that non-citizens placed in removal will either have his and/or her case expedited or dismissed without prejudice. This would occur once ICE verifies that the individual is indeed eligible for the relief.
Detained individuals or aliens eligible for I-130 relief would seek to complete the adjudication of all applications and petitions referred by ICE within 30 days for detained aliens. Once their are no adverse factors there should be prompt move to dismiss proceedings before the Executive Office of Immigration Review ( “EOIR”).
Undetained individuals or aliens would have their cases adjudicated within 45 days. Where an underlying application or petition exists and ICE determines eligibility for relief from removal, the case should also be promptly dismissed with EOIR.
The memorandum sums up the standard of review as follows:
Only removal cases that meet the following criteria will be considered for dismissal:
- The alien must be the subject of an application or petition filed with USCIS to include a current priority date, if required, for adjust of status;
- The alien appears eligible for relief as a matter of law and in the exercise of discretion;
- The alien must preset a completed Application to register Permanent Residence or Adjust Stats (Form I-485), if required; and
- The alien beneficiary must be statutorily eligible for adjustment of status ( a waiver must be available for any ground of inadmissibility).
For more information you may contact our office at info@scottcclaw.com or call (703)955.7998.
ScottMond Law Firm
www.scottcclaw.com
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