Immigration Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to Immigration.



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Whistleblowers Helping the Public By Exposing Fraud

  April 14, 2014     By The Evans Law Firm
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted to assist the government with discovering financial fraud. A recent SEC whistleblower received a $14 million dollar reward for reporting a real estate scam.

The French Residence Card for an Exceptional Economic Contribution

  March 31, 2014     By Lexial
Although this residence card can be considered as very selective, it should be one of the first options to be analysed by foreign entrepreneurs who wish to run a business in France and to obtain residency in this country.

Obtaining a Residence Permit in Greece

  March 13, 2014     By A&P Generalis Law Firm
Greek government instated a procedure to obtain permanent residence permits, which can be renewed every five years, for third-country citizens who own real estate in Greece of minimum value €250.000, adopting a friendlier stance towards those who wish to own real estate property in Greece.

The Greek Real Estate Market for Foreign Investors

  March 13, 2014     By A&P Generalis Law Firm
Our practical guide to real estate in Greece covers the entire spectrum of legal and tax issues which arise in practice when purchasing, managing, utilizing, developing and reselling property in Greece. It is addressed to both Greek nationals and foreign citizens of other European and non-EU countries who have a practical interest in legal and tax matters in Greece, with the aim of facilitating entrepreneurship and more generally the access of foreigners to the Greek market.

RSA: Amendments to the Immigration Act, No 13 of 2011

  March 11, 2014     By Emery Mukendi Wafwana & Associes
On 26 August 2011, the Immigration Amendment Act 13 of 2011 (the Act) was passed. The current Act provides for the issuance of approximately 14 different types of permits which cover all categories of persons residing in the Republic of South Africa on a temporary basis. Additionally, the current permit granting system does not allow for the implementation of the risk-based methodology procedure as prescribed in the Act.

New Regulations on Exit and Entry of Foreigners - China

  February 17, 2014     By UB & Co. Attorneys and Counselors
On July 12, the State Council issued the PRC Administrative Regulation of Entry and Exit of Aliens (the “Administrative Regulation”) which took effect on September 1, 2013. The promulgation of the Administrative Regulation aims to specify the exit and entry rules in the PRC Exit-Entry Administrative Law (the “Exit-Entry Administrative Law”) which came into force on July 1, 2013, and facilitate the management of the exit and entry of foreigners in the practical areas.

Amendments to the Immigration Act, No 13 of 2011

  February 7, 2014     By Emery Mukendi Wafwana & Associes
On 26 August 2011, the Immigration Amendment Act 13 of 2011 (the Act) was passed. The current Act provides for the issuance of approximately 14 different types of permits which cover all categories of persons residing in the Republic of South Africa on a temporary basis. Additionally, the current permit granting system does not allow for the implementation of the risk-based methodology procedure as prescribed in the Act.

GREEK RESIDENCE PERMIT VIA PROPERTY PURCHASE

  January 22, 2014     By Law Offices of Giannakopoulou & Associates
Greece has started a new immigration program in hopes that it will boost its suffering due to the economic crisis real estate market by encouraging investments.

Intellectual Property in Albania

  January 21, 2014     By LPA Law Firm Albania
Protection of intellectual property rights in Albania. Trademark in Albania.

Schengen Visa Decisions of the German Embassy Can be Fully Controlled by the Berlin Administrative Court

  January 13, 2014     By Stefan Graebner, Attorney
A German embassy can only reject to issue a "Schengen-Visa" if this is expressly regulated in the EU Visa Code. The national authorities have a wide discretion to determine if there are rejection reasons for the visa applicant, but it is not an exclusive discretion which cannot be controlled by the administrative court.

What Laws Affect Mail Order Brides?

  December 13, 2013     By HG.org
As the Internet makes the world a smaller and smaller place, unusual new ways of meeting people have become increasingly popular. While personal ads placed in the newspaper used to be a somewhat embarrassing way of meeting someone, the explosion of the Internet made online dating sites almost the norm for arranging romantic encounters. Similarly, the Internet has also opened the doors to international romance in the form of “mail order bride” services. But what laws affect mail order brides?

Deportation Law in Turkey

  December 3, 2013     By Cindemir Law Office
This article aims to explain the rules deportation which applies on the foreigners who are subjected to deportation procedure. In this article, there are many reference to the provisions of law regulating deportation called Law on Foreigners and International Protection which is recently entered into force.

E-2 Visa: Consular Processing or Change of Status?

  December 2, 2013     By Law Offices of Simone Bertollini
There are 2 different ways to apply for the E-2 Treaty Investor Visa, below are the pros and cons of each choice.

Is It Lawful for a U.S. Citizen to Hold Dual Citizenship?

  November 23, 2013     By Law Offices of Simone Bertollini
This article explains whether U.S. law allows dual citizenship with other countries, the difference between dual citizenship at birth and by naturalization, and how U.S. Citizens can claim their right of Italian Citizenship under the jus sanguinis principle.

Parole in Place for Immediate Relatives of Members of U.S. Armed Forces

  November 18, 2013     By Law Offices of Susan V. Perez
The U.S. Citizenship and Immigration Services issued a new policy on November 15, 2013, that will allow immigrants in the United States illegally who are close relatives of active military troops and veterans to stay and move toward becoming permanent residents.

Malta Citizenship Scheme Presented

  November 7, 2013     By CSB Advocates
The Maltese Prime Minister has presented the Individual Investor Program (IIP), a scheme that will grant Maltese citizenship against investment by high net worth individuals (HNWI).

Thai Business Visa Application

  October 28, 2013     By G.A.M. Legal Alliance
If you would like to work in Thailand, you would have to be aware about the immigration policies concerning work visas and work permit to avoid getting yourself in a pickle situation where Thai Immigration police detain or order your deportation.

Cyprus Introduces Investor Scheme Leading to Cyprus Citizenship

  October 14, 2013     By Harris Kyriakides LLC
The government of Cyprus has now implemented a new immigration initiative aimed at facilitating (non EEA) migrant entrepreneurs and investors who, in return for obtaining Cyprus citizenship, are prepared to invest in Cyprus. The new scheme has been established pursuant to amendments to the Cyprus Civil Registry and Migration Law.

Application for Turkish Citizenship

  October 1, 2013     By Cindemir Law Office
This article aims at explaining procedure of application to Turkish Citizenship. It has touched on required document and method of examination regarding citizenship application.

Getting Turkish Citizenship through Marriage

  September 8, 2013     By Cindemir Law Office
This article explains obtaining Turkish Nationality through marriage. It focused on acquisition of Turkish citizenship passing through by spouses. Accordingly in this articles, it is aimed at explaining the conditions of getting Turkish citizenship under Turkish Nationality Law.

Understanding American Extradition Laws

  August 23, 2013     By HG.org
Extradition refers to the transfer of an accused criminal by one state or nation to another. The recent Snowden case has brought this issue to the forefront again, as the American government has expressed its desire to regain jurisdiction over Edward Snowden for leaking top-secret information about American intelligence gathering efforts.

Important Factors Affecting Immigration

  August 21, 2013     By HG.org
U.S. immigration law is very complex, and can be very confusing. In order to understand the process, you need to understand the factors related to the law and policies of immigration.

Coming to the Republic of Uzbekistan: Visas and Work Permit for Foreign Citizens and Stateless Persons

  July 17, 2013     By Legalmax Law firm
Before coming to the Republic of Uzbekistan for any purposes, foreign citizens and stateless persons should obtain a relevant visa following the established procedure.

New Amendments to Foreign Work Permit Procedure in Ukraine

  July 15, 2013     By Frishberg & Partners
On July 5, 2013, the Cabinet of Ministers’ Resolution No. 437 regarding “Issuance, Prolongation of the Validity Term and Annulment of Permissions for the Use of Labor of Foreigners and Stateless Persons”, dated May 27, 2013 (the “Resolution”), came into force. The Resolution establishes the new list of documents required for obtaining work permits for foreign individuals hired for labor in Ukraine.

Ukrainian Government Simplifies List of Documents Required for Temporary Residency

  July 15, 2013     By Frishberg & Partners
Once again, the Ukrainian government has introduced amendments to the Ukrainian immigration rules. This time, the amendments are designed to decrease the volume of documents required for foreign work permits and temporary residency permits.

Permanent Residency Option for Applicants under Specific Labor Programs - Panama

  July 11, 2013     By Pardini & Associates
Any applicant hired by a company within the 10% of the Panamanian payroll or 15% (Technicians) will be entitled to opt for a permanent residency status as long as the process is completed.

Another Successful I-601 Waiver of Grounds Of Inadmissibility Under My Belt

  June 7, 2013     By Law Offices of Susan V. Perez
Under section 212(i)(1) of the INA, the Attorney General may waive the misrepresentation committed by Edgar provided he can establish to the satisfaction of the Attorney General that Amanda, his U.S. citizen mother, will suffer extreme hardship if Edgar is not allowed to immigrate to the United States. The application for waiver is filed through Form I-601.

Immigration: How Do I Extend My Visitor's Visa Beyond Six Months?

  May 24, 2013     By Lena Korial-Yonan, P.A.
Millions of foreign nationals enter the U.S. to visit family and friends every year. If you are visiting and want to legally extend your stay here in the U.S. beyond the time permitted on your I-94 card, this article gives tips to help you maintain your status in the U.S.

The White House Stands Its Ground on Road to Citizenship

  May 17, 2013     By The Shapiro Law Group
At the beginning of this past May, President Barack Obama publicly announced that he would look for a compromise in order to get a comprehensive immigration bill signed before the year is over. He also had stated that he will not compromise on his insistence that any immigration legislation must contain a path to citizenship for immigrants without their documents.

UK Spouse Visa: Explanatory Comment on Financial Requirements

  April 24, 2013     By Kadmos Consultants
UK Spouse visa rules changed dramatically in July 2012. A new set of financial requirements for the British sponsor are a challenge to immigration officers, let alone practitioners and lay clients. The author explains how the new financial requirements work.

Illinois Passes New Law Allowing Temporary Drivers Licenses for Undocumented Immigrants

  January 28, 2013     By Law Offices of Michael J. Brennan
Yesterday, Governor Pat Quinn signed Senate Bill 957 into law, a bill that would allow approximately 250,000 undocumented immigrants to get temporary driver's licenses (TVDL's).

The New Law on Belgian Nationality

  January 22, 2013     By Lexial
The law of 4 December 2012 “modifying the Code of Belgian Nationality in order to make the acquisition of the Belgian nationality neutral from the point of view of immigration” was published in the Belgian Official Gazette on 14 December 2012. It entered into force on 1st January 2013.

Learn More about the EB-5 Visa

  January 16, 2013     By Julie C. Ferguson, Attorney at Law
When you are thinking of applying for an EB-5 visa, you would first need to learn about the different aspects of a particular visa.

Legal Help for Making Application for Post Conviction Relief

  January 15, 2013     By Julie C. Ferguson, Attorney at Law
Those who have criminal conviction record need to opt for conviction relief. This is a legal procedure which requires assistance of competent lawyer.

How to stay in Thailand Long-Term with Thai Marriage Visa

  January 12, 2013     By M & S Law Office 2006
Being a foreigner, you are required to obtain visa to stay in Thailand. If you are legally married to a Thai national,you can apply for the Thai marriage visa

Hungary provides €250,000 fast track into Europe

  January 7, 2013     By VJT & Partners
Law firm VJT & Partners in Budapest highlights the importance of the new ‘Hungarian investment immigration’ law adopted by the Hungarian Parliament.

Final Rule on Processing I-601 Hardship Waiver Will Take Effect on March 4, 2013.

  January 2, 2013     By Law Offices of Susan V. Perez
The waiver for unlawful presence may be granted only if the noncitizen is the spouse, son or daughter of a U.S. citizen or lawful permanent resident. If the waiver is being sought for a noncitizen fiancé(e), the U.S. citizen fiancé(e) also may be a qualifying relative. It should be noted that children of the noncitizen are not qualifying relatives for purposes of this waiver.

Political Asylum or Refugee Status – Who Can Be Eligible

  December 28, 2012     By Julie C. Ferguson, Attorney at Law
If you are looking for refugee status or political asylum in the US, you would need to learn more about these options.

Do You Know About the EB-5 Investment Visa Program

  December 27, 2012     By Julie C. Ferguson, Attorney at Law
If you want to enter into the United States, you would need to learn about different aspects of this visa program.

Frequent Travel Abroad and Abandonment of Legal Permanent Resident Status

  December 18, 2012     By Law Offices of Susan V. Perez
A returning legal resident returning from an absence of less than a year who presents his Green Card at the port of entry is not assured that he will be readmitted to the United States. While an Green Card satisfies the requirement of presenting a valid entry document, its presentation is not evidence that he is "returning from a temporary visit abroad." For this reason, it is possible that a returning resident might be denied entry if deemed to have abandoned his legal residence status.

Asylum in the United States: Application, Court, and Asylum Benefits

  December 10, 2012     By Law Office of Alena Shautsova
A person who is fearing persecution in his/her country may request the Unites States government to provide protection by submitting an application form I-589 and supporting documents. The person must be physically present in the United States to do so. If a person is asking for protection outside the United States, the person is called a refugee.

Investment Requirements for the EB-5 Visa

  November 16, 2012     By Julie C. Ferguson, Attorney at Law
If you are trying to obtain an EB-5 visa, you would have to invest a sum of money. There may be other requirements too that you need to lean about

What Should You Learn About the United States Asylum Laws

  November 16, 2012     By Julie C. Ferguson, Attorney at Law
If you are facing persecution in your homeland because of some reason, you may seek asylum in the United States. In order to apply for asylum, you would need to learn more about the process.

China’s New Exit-Entry Administration Law

  November 16, 2012     By UB & Co. Attorneys and Counselors
On June 30th, 2012, the National People’s Congress Standing Committee of People’s Republic of China issued the new Exit-Entry Administration Law (hereinafter referred to as the “New Law”) which is applicable to exit-entry of both Chinese nationals and foreign nationals and shall come into effect on July 1st, 2013.

Americans Require a Will While Living Abroad. Case of Thailand

  November 14, 2012     By Cathy Tran Reck & Associates Ltd.
Advancement of modern technology allow people to migrate effortlessly across borders in increasing numbers in this century. People live and work outside their home country, and some adapt to their adopted homes by having their families abroad. Expatriates have a unique myriad of concerns about their assets in their adopted country in the event of death. The inevitable question is: Do I need a will while I am living abroad?

Immigration Evolution in Ukraine

  November 8, 2012     By Frishberg & Partners
The Ukrainian government began to strictly regulate the stay of foreigners, especially those hired by local companies, back in 2009. Prior to that date, many foreigners simply ignored the local registration and customs rules with impunity. However, the Ukrainian "immigration revolution" began with the government's strict application of the rules for applying for and receiving temporary residency status in Ukraine.

Hungary to Offer Investment-based Permanent Residency for €250,000

  November 7, 2012     By VJT & Partners
A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling party of Hungary submitted a Bill to Parliament, which would offer permanent Hungarian residency under preferential conditions for non-EU national investors willing to buy at least €250,000 of government bonds. The Bill is currently under consideration and is expected to become law very soon.

How Does a Felony Affect Your Immigration Status

  October 31, 2012     By Julie C. Ferguson, Attorney at Law
If you are facing deportation for being convicted of a felony, you would need to contact a lawyer immediately. If you are in the United States on a green card or a visa, the worst thing you can do is commit a felony. Committing felony may get you deported out of the country. The immigration officials may even downgrade your status on the basis of felony or non-felony conviction.

Is There a Difference between a Visa and a Green Card

  October 31, 2012     By Julie C. Ferguson, Attorney at Law
You must learn about the differences between a green card and a visa before you apply for any of the two. A lot of people seem to believe that a visa and a green card refer to the same thing. However, a visa and a green card are indeed different from each other. Each has its own purpose and eligibility requirements.

Doing Business in the Republic of Trinidad and Tobago, Legal Series

  October 22, 2012     By Hove and Associates
Introduction - The concerns of our clients are always paramount and it is for this reason we have embarked upon the “Doing Business in the Republic of Trinidad and Tobago” Series of Legal Article - During this series our Attorneys will be giving you a brief insight into the areas of law which from our professional experience, touches and concerns businesses and individuals wishing to establish themselves within our borders.

Legal Requirements for Child Adoption and Legal Guardianship in Uganda

  October 19, 2012     By Angualia Busiku and Co. Advocates
Adoption is a legal process whereby a person permanently assumes the parental rights and responsibilities for a child from his or her biological parents. Legal guardianship is a legal process whereby a person is appointed by court to take care of a child. The guardian has the parental rights and responsibilities but such rights and responsibilities the guardian has over the child are not permanent.

Severe Delays in Processing Sponsor Licence Applications by the UKBA Holding Back Growth - UK

  October 18, 2012     By Hudson McKenzie
Businesses in the UK who are looking to sponsor individuals under the Tier 2 & 5 categories are facing excessive delays in getting their Sponsor Licence applications approved. Hudson McKenzie’s Business immigration team represents businesses from all sectors of the UK economy and we have reached out to our clients to gauge the repercussions of these delays. Undoubtedly, it is a unanimous vote that severe delays on part of the UKBA are currently holding back growth in the UK economy.

Immigration Issues – Where do Obama and Romney Stand

  October 16, 2012     By Oltarsh & Associates, PC
We hope that both Candidates continue supporting the DREAMers, and higher-skilled immigrants (L1A,H1B,O1). The results of this year’s election can change the White House’s approach on immigration. The Presidential elections are less than one month away and both candidates are in a full-throttle attempt to persuade more people to vote for him rather than his opponent.

Corporate Immigration - a Q&A Guide for Mozambique

  October 5, 2012     By SAL & Caldeira
This Q&A provides an analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and clients in respect of Corporate Immigration in Mozambique. This article is reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Corporate Immigration 2013, (published in August 2012; contributing editor: Julia Onslow-Cole of PwC Legal).

A Bad Marriage is Not the Same as a Sham Marriage

  October 3, 2012     By Law Offices of Susan V. Perez
Marriage to a U.S. citizen is the most common way of getting a legal permanent resident status in the United States especially when the alien has been out of status in the country. Fraud statistics show that between 1998-2007 more than 2 million people have reported marriage as a means to gain residency within the United States.

New Decision of the Appellate Court Regarding Advance Parole

  October 3, 2012     By Law Offices of Susan V. Perez
An alien who applied for adjustment of status to become a legal permanent resident of the United States should apply for advance parole in case he/she needs to leave the country while the adjustment of status is pending. Previously, an alien who leaves the United States after incurring at least one year of unlawful presence will not be allowed to re-enter the country even if he/she is in possession of an advance parole document. This new decision issued by the BIA changed that rule.

How Do You Fight Deportation in the United States Immigration Court

  September 28, 2012     By Julie C. Ferguson, Attorney at Law
It is important for you to contact a lawyer if you are at a risk of getting deported or removed from the United States. After the Department of Homeland Security was established, the number of foreigners being deported out of the United States has increased exponentially. Fighting deportation in the immigration court has also become quite difficult after the changes made in the immigration law.

Some of the Common Questions about EB-5 Visa

  September 27, 2012     By Julie C. Ferguson, Attorney at Law
If you are looking to enter into the United States, you will have to obtain a visa. There are different categories of visas that you may look into while considering which visa to choose. Gaining residency in the United States may be extremely difficult. The US immigration laws are quite complex and immigrants are also chosen carefully. If you are looking to enter into the US, you will need to apply for a visa. There are different categories of visas that you can apply for.

Family Reunification of German Spouses in Visa Cases

  September 15, 2012     By Stefan Graebner, Attorney
The German system of family reunification in visa cases is very strict. The spouses should be prepared carefully by their attorney before they apply for a visa to Germany. In the following I explain the relevant fact pattern of German visa cases.

Cyprus - Simplified Procedure for Granting Residence Permit to Third Country Nationals

  September 14, 2012     By N. Pirilides & Associates LLC
The Ministry of Interior has announced a new & simplified procedure of granting Immigration Permits to third country nationals who wish to invest in the Republic of Cyprus (under Reg.6(2)). This new procedure is an accelerated one with a more favourable outcome and result for most of the applicants. The period of examination of such applications would not exceed 2-3 months.

Romney, GOP Woo Latino Voters

  September 13, 2012     By Oltarsh & Associates, PC
Are Latino leaders, Spanish-language campaigns enough to win? The GOP convention has come and gone, with plenty of emotionally riveting speeches, expected criticism of the current administration, and an over-arching theme of patriotism. More than half a dozen convention speakers highlighted their immigrant background, including Craig Romney.

Germany Judgement of the Federal Administrative Court on Sept 4th 2012 - BVerwG 10 C 12.12

  September 7, 2012     By Stefan Graebner, Attorney
Limitation of language requirement for familiy reunification with Germans. The Federal Administrative Court in Leipzig has decided that the statutory requirement to demonstrate knowledge of German in case of a family reunification with the foreign spouse to a German citizen is only valid restricted.

EU Blue Card for Highly Skilled Specialists

  September 7, 2012     By Stefan Graebner, Attorney
Germany implements EU Directive “Blue Card” for high skilled employees (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:155:0017:0029:en:PDF ) on August 1st 2012. The immigration of foreign skilled nationals has the purpose to enable immigration of highly qualified employed foreigners from countries outside of the European Union (EU).

Documents That are Required to File Political Asylum

  August 27, 2012     By Julie C. Ferguson, Attorney at Law
Foreign nationals afraid of being prosecuted in their home country can seek political asylum and stay in the US. However, before applying for political asylum they must consult with skilled immigration lawyer and understand the requirements perfectly. People entering or located in the United States who are afraid of being prosecuted from their home countries are eligible to apply for political asylum.

Acquire Permanent Residency in the US through EB-5 Visa

  August 27, 2012     By Julie C. Ferguson, Attorney at Law
US immigration laws provide investors a unique opportunity to invest in US economy and gain permanent residency in the country. Those willing to invest in US economy for permanent residency can consult with an immigration lawyer. The lawyer can help to fill up application and select regional center to invest.

Effect of DUI (Driving Under the Influence) Convictions in the United States on Canada Immigration

  August 10, 2012     By Dhade & Associates, PC
Driving Under the Influence of Alcohol (DUI), impaired driving and similar US convictions, have many consequences for an individual, including a possible criminal record in the United States. Those who are not US citizens, also have to be concerned about possible US immigration consequences of their DUI criminal conviction.

Immigrant Business; Immigrant Entrepreneurs

  August 9, 2012     By Law Offices of Donald W. Hudspeth, P.C.
We hear so much about immigration in the context of border controversies that we may forget the vital role that immigrant owned businesses play in our economy. By “immigrant” we do not mean just Mexicans or persons from South American countries, which play a prominent role in states like Arizona, but also Indians, Koreans, Cubans, Chinese and the Vietnamese. A recent program on National Public Radio (aka “NPR”) documented....

US Illegal Immigrants Wise to Look to Canada for Immigration Solutions

  August 3, 2012     By Dhade & Associates, PC
US immigration laws, regulations and policies are complex and contradictory. The impact is profound. Many find themselves struggling for years or even decades to normalize their status and obtain permanent residence in the United States. Unfortunately for millions, the struggle ends with nothing more than a deportation order. This causes tremendous stress on families to see their loved ones deported and removed from the United States.

Deferred Action for Childhood Arrivals

  July 30, 2012     By Cundy & Paul, LLC
USCIS says that Dream Act eligible candidates that meet the criteria of the “Deferred Action for Childhood Arrivals” program will not be deported. It is expected that exact guidelines and procedures for this program will be put into place sometime during August, 2012, detailing how eligible candidates can apply for this status of deferred prosecution of removal from the United States. If granted, an individual also may be eligible for work authorization. The program is for those immigrants who:

How Do You Join a Class Action Lawsuit in Canada?

  July 30, 2012     By Siskinds The Law Firm
A class action lawsuit is brought collectively by a large number of people who harbor the same legal complaint against the same defendant. Products liability is a common area in which class action lawsuits are commenced. In general, you don’t have to “join” a class action lawsuit to participate.

TN Visa and Spouses and Children

  July 28, 2012     By Dhade & Associates, PC
Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S. They are permitted to study.

TN Visa

  July 28, 2012     By Dhade & Associates, PC
TN status is a nonimmigrant classification that enables Canadian and Mexican citizens to work in the United States pursuant to appendix 1603 of the North American Free Trade Agreement. The history of the TN is interesting. On December 17, 1992, the Presidents of the United States and Mexico and the Prime Minister of Canada entered into the North American Free Trade Agreement (NAFTA).

A Nation Built on Immigrants, A Future Built on Immigration Reform

  July 27, 2012     By Oltarsh & Associates, PC
We expect there to be word forthwith on what needs to be filed for DREAMERS. Stay posted. We expect to advise next week. These actions have finally begun positive action towards immigrants. We hope this builds a momentum that will ultimately lead to more comprehensive reform.

Foreign Investors can Avail US Green Card by EB-5 Visa Program

  July 27, 2012     By Julie C. Ferguson, Attorney at Law
A foreign investor interested and capable of investing $500,000 in the US that will help to generate employment is eligible for EB-5 visa. Acquiring permanent residency in the US is comparatively simple with tis visa. Only there are few rules and regulations that immigration lawyer can sort out.

The H-1B Visa and the Specialty Occupation Requirement

  July 24, 2012     By Dhade & Associates, PC
H-1B visas are typically utilized by U.S. employers seeking to employ a foreign national in a specialty occupation. See www.uscis.gov. Prior to filing the I-129 petition for an H-1B visa, a Labor Condition Application must be applied for with the Department of Labor. The Labor Condition Application requires the U.S. employer to make four essential attestations in order to protect the U.S. labor market.

Are There Any Free Immigration Lawyers in Seattle?

  July 20, 2012     By DC Law Group
If you are facing difficulties with immigration issues, you likely already know that you need advice from immigration lawyers in Seattle. However, you may be concerned about how you are going to pay for these immigration lawyers in Seattle, especially since you have likely heard that legal fees can be expensive. Naturally, this may lead you to ask whether there are any free immigration lawyers in Seattle.

H-1B Demands Growing for Employers

  July 19, 2012     By The Shapiro Law Group
The H-1B visa program, which enables domestic employers to hire foreign workers in certain specialty occupations (especially in science, technology and highly-skilled fields) has long been popular among employers, but demand for H-1B workers has been particularly strong this year.

Temporary Delays on Notices to Non-immigrant Workers

  July 19, 2012     By The Shapiro Law Group
The U.S. Citizenship and Immigration Services (the “USCIS”) has received an extraordinary volume of I-129 petitions (relating to non-immigrant workers) this year, and as a result, the USCIS has acknowledged that many petitioners are not promptly receiving notices of receipt of their petitions.

“Deferred Action” Offers Hope to Young Immigrants

  July 19, 2012     By The Shapiro Law Group
Pursuant to executive order signed by President Obama, the Department of Homeland Security has announced this week that it will defer any administrative action or deportation proceedings against certain eligible immigrants who arrived in this country as children.

H-1B Foreign Worker Slots Filled for FY 2013

  July 19, 2012     By The Shapiro Law Group
As of June 11, 2012, the U.S. Citizenship and Immigration Services (“USCIS”) has no more slots left for foreign workers in specialty occupations under the H-1B visa program, as the statutory cap has been reached already for fiscal year 2013.

H-1B Employers Facing Increased Scrutiny

  July 19, 2012     By The Shapiro Law Group
The increasingly popular H-1B visa program, which allows U.S. employers to hire a certain number of foreign workers each year in so-called “specialty occupations” (including occupations in science, technology and engineering) is now coming under more watchful eyes at various federal agencies concerned about employment abuses.

Push to Reauthorize EB-5 Visas for Foreign Investors

  July 19, 2012     By The Shapiro Law Group
Within the last 30 days, legislators have introduced various bills in the U.S. Congress that would reauthorize the EB-5 Regional Center Pilot Program.

Supreme Court Ruling on Arizona Law Has Broad Impact

  July 19, 2012     By The Shapiro Law Group
When the U.S. Supreme Court issued its ruling on the Arizona immigration law last week, public scrutiny of the decision was short-lived because it was eclipsed by the subsequent ruling on the Patient Protection and Affordable Care Act. But the ruling on Arizona law was truly significant for several reasons, not the least of which is that multiple states have passed laws relating to immigration with provisions similar to that in the Arizona law.

The Struggle for Freedom, Progress and a Law License

  July 16, 2012     By Oltarsh & Associates, PC
The new policy for DREAMERS, while not perfect, finally gives some hope to this group after waiting for eleven years for the DREAM act to pass. The policy will allow these young people to be in the US under the auspices of the law and to obtain work authorization. We hope that the DREAM Act will soon pass.

Abuse of Visa Process Not a Reason to Deny Good Faith Petitions

  July 16, 2012     By The Shapiro Law Group
When Congress passed the L-1 Visa Reform Act of 2004 (the “L-1 Reform Act”) it did so to address a narrow and specific concern about some companies which had “outsourced” L-1B intra-company transferees to third party employers.

Misconceptions Regarding L-1B Visa Abuse

  July 16, 2012     By The Shapiro Law Group
It seems that Legacy INS, the U.S. Citizenship and Immigration Services (the “USCIS”) and other immigration authorities hold some misconceptions about abuses associated with the L-1B visa program. This is an important program, which allows foreign employees of domestic companies with global operations to transfer to the U.S. when they have “specialized knowledge” needed at home.

H-1B Foreign Worker Slots Could Be Filled Quickly This Year

  July 16, 2012     By The Shapiro Law Group
Employers who wish to hire foreign specialty workers should immediately consider preparations for filing a petition to sponsor H-1B workers for fiscal year 2013, which starts as of Oct. 1, 2012. Petitions for worker start dates on or after Oct. 1 may be filed as of April 1, and it should be noted that a flurry of early filings are expected this year.

Extra Hurdles Added to L-1B Visa Process

  July 16, 2012     By The Shapiro Law Group
Now more than ever large-scale American companies need the support of global talent in order to compete in an international marketplace. But, as noted by the American Immigration Lawyers Association (“AILA”) our domestic agencies responsible for immigration still sometimes function in a way that restricts American companies by denying applications for L-1B visa transfers on hyper-technical grounds.

More Practical Issues with L-1B Visa Process

  July 16, 2012     By The Shapiro Law Group
As noted by the American Immigration Lawyers Association (“AILA”) there has been a widening gulf between the articulations of policy – in statutes and regulations – and the reasoning of administrative decisions by the U.S. Citizenship and Immigration Services (the “USCIS”) regarding L-1B visas.

Constricting L-1B Visa Access

  July 16, 2012     By The Shapiro Law Group
Congress thought it had solved the problems created by multiple administrative interpretations of the L-1B visa requirements when it passed the Immigration Act of 1990 (“IMMACT90”) which, among other things, gave a statutory definition to the “specialized knowledge” prerequisite for obtaining an L-1B visa.

I-9 Audits: The Danger of Too Much Documentation

  July 16, 2012     By The Shapiro Law Group
After the wave of I-9 audits in recent years, employers have become rightfully wary of not documenting their immigrant workforce. Everyone knows by now that the penalties for hiring undocumented workers can be stiff. But what many employers do not realize is that there is a risk to over-documentation as well.

New Visa Fees

  July 16, 2012     By The Shapiro Law Group
The Department of State (“DOS”) has increased its visa fees effective as of Friday, April 13, 2012. Non-immigrant visa fees for machine-readable visas went from $140 to $190 for H, L, O, P, Q and R visas. Fees for other non-immigrant visas increased from $150 to $160; however, fees for E visas dropped from $390 to $270, and fees for K visas dropped from $350 to $240 per visa.

USCIS Rejecting L-1 and H-1B Petitions

  July 16, 2012     By The Shapiro Law Group
A recent report by the National Foundation for American Policy has demonstrated that adjudicators for the U.S. Citizenship and Immigration Services (the “USCIS”) have intensified their scrutiny of the popular L-1 and H-1B visa petitions utilized by domestic employers who need to import foreign workers with special knowledge or occupational experience.

Indian Nationals Subject to Greater Visa Scrutiny

  July 16, 2012     By The Shapiro Law Group
A report by the National Foundation for American Policy sheds light on the kinds of scrutiny applied to job-related visa applications filed by American employers on behalf of Indian nationals.

Visa Slots Shrinking for Workers from India and China

  July 16, 2012     By The Shapiro Law Group
The number of green card of immigrant visas available for individual workers from India and China will shrink in months to come, according to pronouncements by Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the Department of State.

Update: Foreign Worker Slots Going Fast for FY 2013

  July 16, 2012     By The Shapiro Law Group
U.S. Citizenship and Immigration Services (“USCIS”) still has slots available in fiscal year 2013 for foreign workers in specialty occupations under the H-1B program, but petitions have been filed at a very brisk rate so far, and slots might not remain open for very long.

The Hazards of Tourist Season for Your Betrothed

  July 16, 2012     By The Shapiro Law Group
The warmer weather and sunny skies of spring have arrived in the U.S., opening the gates to tourists from around the globe, but one group of tourists should be especially mindful of the legal hazards of visiting the U.S. If you are a foreigner engaged to a U.S. citizen and living abroad, then your petition for a K-1 visa will establish your intent to marry an American citizen and stay here permanently.

Tourist Season Easier for Some than Others

  July 16, 2012     By The Shapiro Law Group
The summer travel season is fast approaching, and many foreign citizens are making plans now to visit the U.S., but they won’t be going anywhere without the necessary immigration compliance preparations. Generally, the “necessary preparations” would include obtaining a tourist visa, but it is possible to avoid the paperwork, fees and waiting associated with this step if you are an eligible citizen of a country that is enrolled in the U.S. visa waiver program.

Employment-based Legal Residency Options

  July 16, 2012     By The Shapiro Law Group
Each year, a large number of undocumented workers are deported who are parents of U.S. citizens. Many of these workers might have been able to avoid deportation and painful separation from their families by simply contacting a good immigration attorney who could help them to pursue a legal avenue to employment-based permanent residency.

Parents of U.S. Citizens Often Deported

  July 16, 2012     By The Shapiro Law Group
According to recent reports in USA Today, during the first six months of last year, 22 percent of the 211,000 deportations during that time involved parents of U.S. citizens.