Immigration Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Immigration.
August 18, 2015 By HG.org
Question: Child Protective Services took my kids away, but their father got them back. When I was arrested, the media came over to my house to get the story. Now the Arizona Police Department has a case against me in court. I was appointed a public defender. Yesterday, I met with her and she told me that I have two options: I can go to trial or plead guilty. She advised me to plead guilty.
H-1B lotteries to choose professional employees? Is this the best we can do?
On May 12, 2014, the Department of Homeland Security (DHS) published a proposed regulation which would, for the first time, permit certain H-4 spouses of H-1B professionals to apply for Employment Authorization Documents (EADs).
August 19, 2015 By Law Offices of Carl Shusterman
On June 5, the DHS Secretary announced the process for persons who have received work permits (EADs) under the Deferred Action for Childhood Arrivals (DACA) programs to renew their DACA status and work permits for another 2 years. Also, we describe the process by which persons in DACA status can obtain green cards.
August 8, 2015 By Law Offices of Carl Shusterman
In response to Congress’ failure to fix our broken immigration system, President Obama has promised to take action regarding immigration before the end of the summer.
On November 20, 2014, President Obama announced his long-awaited changes to our broken immigration system. None of the changes will take place immediately, and some hoped-for changes like recapture of lost EB numbers and counting only principals toward the 140,000 EB cap were not included in the new policy.
August 23, 2015 By Law Offices of Carl Shusterman
Fantastic news for those in the EB-3 category.
On January 13, a bipartisan group of Senators introduced the Immigration Innovation (“I-Squared”) Act of 2015.
August 20, 2015 By Law Offices of Carl Shusterman
In 2014, when over 172,000 petitions were filed for 85,000 visas, immigration lawyers had the following advice for the H-1B lottery losers.
August 18, 2015 By Law Offices of Carl Shusterman
Recently, the Defense Department greatly expanded a program which allows certain persons holding temporary visas to bypass the green card process and apply directly for US citizenship.
August 20, 2015 By Law Offices of Carl Shusterman
On May 26, the USCIS will begin accepting applications for form I-765 Employment Authorization Documents (EADs) submitted by certain H-4 spouses of H-1B professionals.
August 26, 2015 By Law Offices of Carl Shusterman
The June 2015 Visa Bulletin contains a bit of good news for persons in certain employment-based (EB) categories. However, for others, like Chinese investors, the news is mostly bad. For Filipino professionals and Mexicans and Filipinos in some of the family-based (FB) categories, the news is downright ugly.
July 27, 2015 By Delchev & Partners
Following the accession of Bulgaria to the European Union (“EU”) every national of an EU Member State (i.e. every EU citizen) can freely enter and exit Bulgaria with only a valid personal identity card or passport.
July 28, 2015 By Delchev & Partners
In accordance with the Bulgarian legislation the term “foreigner” includes every individual who is not a Bulgarian or an EU, EEA or a Swiss citizen. In order to be entitled to reside in Bulgaria the foreigner should obtain a residence permit depending on the period of their stay and their residence status.
July 24, 2015 By Rihs Rechtsanwalt
A well accepted and successful labour immigration scheme is the Austrian Red-White-Red-card, a national equivalent to the EU Blue Card. The Red-White-Red card is issued to third-country-nationals who intend to access the Austrian labour market and permanently settle in Austria who fulfil the legal criteria and gain enough 'credits' or 'points' according to a set of qualifications provided in Appendices to the Austrian Labour Market Act ('Ausländerbeschäftigungsgesetz', short 'AuslBG').
June 26, 2015 By Masson de Morfontaine
The Chinese real estate boom in Australia will only be accelerating. It is predicted that an additional $70 billion demand for real estate from Chinese HNWI investors and immigrants over the next five years to 2020. It is an inevitable trend since China is undergoing its unprecedentedly greatest wealth creation, and Australia is on China’s doorstep.
June 25, 2015 By HG.org
When a student decides to come to America to pursue an education, he or she often does so with the thought of remaining here to pursue a dream. Unfortunately, many do not realize that it can be quite difficult to obtain a different legal status and the right to work like a naturalized citizen. So, how can one remain in America after finishing school?
June 9, 2015 By HG.org
Once known pejoratively as “anchor babies,” the children of foreign nationals born on American soil have traditionally had a right to automatic citizenship. As a result, immediate family members would seek their own citizenship by virtue of the close relationship. But, after years of debate on the topic of immigration reform, are anchor babies still legal?
It is quite common for people to want to help their relatives gain US citizenship. But, is it just as easy as marrying someone and they immediately have citizenship? Not anymore.
Under the laws of the Republic of Kazakhstan, the work of foreign employees in Kazakhstan requires in certain instances a work permit and a work visa.
The Federal Migration Service has received a proposal from Business Ombudsman Boris Titov, according to which foreign citizens are to be exempt from taking the exam on the Russian language, Russian history and the basics of Russian legislation, if these foreign citizens are employed in Russia for no longer than 12 months.
Ukraine is now quite good country to immigrate, especially for Middle East citizens who move to Ukraine to have better work. Also, many students from other countries decide to remain in Ukraine after finishing university.
Investors from different countries are continuing to establish their offices in Kazakhstan and many companies are willing to do business here. The rate of success stories for investors in Kazakhstan is good enough. However, there is always something new and unexpected when a foreign investor starts its business in an unknown country.
Acquisition of Turkish citizenship by marriage is regulated in Article 16 of Turkish Citizenship Law and Articles 25-31 of the Regulation on the Implementation of Turkish Citizenship Law.
The regulations formulating the rules on residence permit and the entry of foreigners into Turkey were dated back to mid-twentieth century. These regulations lacked the ability to meet the needs of the present conditions. A modern approach was necessary, also in terms of Europeanization of the customs procedures and management.
Most businesses are looking to Incorporate a Company in Thailand but do not meet the initial requirements. Below is a list of items to consider before you proceed to set up a company in Thailand.
Facing deportation can be scary. If you are facing the possibility of being deported from the United States, you need to contact an experienced immigration defense attorney as soon as possible to begin working on your case's defense strategy. Deportations are governed by the Immigration and Nationality Act of 1965.
U.S. Citizenship and Immigration Services (USCIS) has announced that beginning February 17, 2015, it will require those applying to the Cuban Family Reunification Parole (CFRP) Program to file an Application for Travel Document (Form I-131) and pay the associated fee or submit a fee waiver request.
Non-Cypriot citizens may enlist to obtain the Cypriot citizenship by exception on the basis of the scheme for Major Collective Investments.
By Governmental Decree dated March 20, 2015 №257, new rules are being introduced redarding the recruitment and hiring of foreign citizens.
The United States provides a special visa for a person who is engaged to a United States citizen to come to the United States to get married. However, the process works a little differently when the spouses marry abroad.
Returning to the United States after being deported or removed is a violation of federal law. Alleged offenders could be sentenced to prison before being returned to their home countries—where they could face additional consequences as well.
As the world seems to develop faster and faster, a new gadget has been placed to the disposal of the foreigners and non-resident persons in Estonia, namely the digital identity card also known as e-residency.
The resolution of the Federal Migration Service of Russia established a procedure that determines the sequence of steps for the FMS of Russia on providing decision to suspend the right to issue patents to foreign citizens on the territory of the RF administrative district.
When an L-1 Visa is denied by USCIS, you may have the option of skipping an administrative appeal to the AAO, and file a petition for review with a Federal District Court under the Administrative Procedure Act.
Prosecutorial discretion may be exercised in certain immigration cases to permit individuals to remain in the country. On November 20, 2014, Jeh Charles Johnson released a memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants.”
The Immigration and Nationality Act allows individuals to change their immigration status while they are in the United States. They may have begun as a nonimmigrant or a temporary alien but now wish to be classified as a permanent immigrant.
The Malta Citizenship by Investment Programme was established by LN 47/2014, in which the Government of the Republic of Malta grants naturalisation by investment to reputable individuals and their dependants on the basis of a firm and thorough due diligence process and a significant contribution to the social and economic development and investment in the country.
The Known Employer program is a pilot program that is meant to help make travel between the United States and Canada more efficient for business travelers. At the time of publication, this program is only at the consideration level and has not yet been implemented.
Due to current political changes, various processes of documentation preparation for foreigners in Ukraine seem to be easier than even a year ago. Due to this fact, one of such spread branches like creation and processing the employment agreements and contracts can generate much less issues, questions and complications in comparison to many other cases
While many individuals are aware of the serious consequences of receiving a DUI, these consequences are even graver for non-citizens. In addition to the same consequences of possible jail time, fines and a loss of driving privileges, a non-citizen’s conviction of a DUI may result in a finding that he or she is inadmissible or is removable.
The H-1B is a nonimmigrant work visa for a person who will be employed temporarily in a specialty occupation or as a distinguished fashion model.
The E visa is a non-immigrant or temporary visa. There are 2 main categories of E visas.
What employers must know with regards to keeping documentation in H1-B and Labor Certification matters.
The differences between EB-2 and EB-3 in an effort to alert aliens and employers, and help both seek EB-2.
Forbes/International Living has announced that Malta has featured sixth in the index of the best places to retire for Americans.
Here are some things to consider to make the road to obtaining H-1B status a bit less bumpy.
Bangladesh is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (Hague Adoption Convention). Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, inter-country adoption processing for Bangladesh did not change. Bangladeshi law does not allow for full adoptions of Bangladeshi children.
On November 20 and 21, 2014, President Barack Obama announced an overhaul of the immigration system through a series of executive actions. The actions established new immigration programs, changed guidelines for existing programs and created new proposals for visas.
Congress and President Obama have both taken recent steps in passing two measures that move in the right direction to solve the immigration crisis in the United States.
On November 20, 2014, President Barack Obama announced the implementation of a new program called “Deferred Action for Parental Accountability” through an executive order. The program is similar to Deferred Action for Childhood Arrivals and provides temporary immigration relief for otherwise law-abiding citizens.
Persons who are not Albanian citizens and wish to work in Albania need a work permit issued by the Ministry of Social Welfare and Youth.
Special Immigrant Juveniles Status, commonly known as SIJS, is a federal law that allows certain undocumented children to get legal permanent residency in the United States. Below, we discuss this complex immigration process and the requirements in detail.
Foreigners who wish to reside in Albania on a long-term basis (in any case more than three months within each six-month period) are issued a residence permit.
Legislative framework and general principles in Albania.
Deferred action is the exercise of prosecutorial discretion for certain law enforcement agencies and governmental entities, including Immigration and Customs Enforcement and United States Citizenship and Immigration Services. There are several reasons why deferred action may be exercised.
Becoming a naturalized citizen can be a challenging process but if you meet any or all of the below guidelines the process can become much simpler. We have detailed what to consider when trying to obtain your naturalized citizen when the time comes.
Tax implications on certain immigrants and non-immigrants.
One method of obtaining permanent residency in the U.S. is through the Employment-Based Permanent Residence Process (“EBPRP”) or in other words: through an employer. Once you have an employer that is interested in your skills and in sponsoring you, then the EBPRP may begin. Obtaining your permanent residence through an employer usually takes three (3) phases: Labor certification; Immigrant visa petition; and application for permanent residence.
In November 2014, President Barack Obama established a new executive order that addressed border security and illegal immigration. By statistical estimates, the new executive order would provide for some distinct benefits to about 5 million immigrants who were already in the country.
Individuals who are presently in the United States who legitimately fear persecution in their home country may apply for asylum. However, before asylum is granted, an applicant must follow several requirements and meet eligibility guidelines.
Immigration laws are very important factor for the developing countries who used to export manpower to developed countries. In the developed countries, the immigration practices are handled by skilled lawyers but unfortunately in Bangladesh it is mainly handled by brokers,agents, Travel Agencies and illiterate people. That is why the applicants are not getting proper legal advice and facing serious problems as well as harassment regarding Immigration matters.
Individuals who are pursuing permanent resident status may be deterred if they are convicted of a crime. While a misdemeanor conviction may not bar a person from still obtaining resident status, certain convictions may prevent a person from being approved for permanent residence status or possible cause the person to be subject to removal.
In many cases, pursing prosecutorial discretion is a last-ditch effort to avoid being removed from the country. This pursuit asks the United States Immigration and Customs Enforcement use its discretion to the benefit of the immigrant.
Next year, foreign citizens in Russia will be more protected from the medical point of view. The Ministry of Labor has prepared a project under which employers next year will be to deduct contributions to the social security fund for foreign workers in the amount of 1.8% of the salary fund.
According to the residence statement general term, which is regulated in Article 3, foreigners intending to live and/or work in Turkey are required to obtain a residence permit. If visa exemption or the term stated in their visa is adequate, foreign visitors may stay in Turkey for 90 days without residence permit (either consecutively or separately) per 180-day period.
By 1st Citizen
The UK has announced radical changes to its Investor Visa Scheme.
Due to the close proximity of the US border to most Canadian cities and the extensive relationship between the two countries, it is not surprising that the US receives millions of Canadian tourists each year.
USCIS policy memorandum was published, and it broadened the definition for how a CSPA beneficiary could have “sought to acquire” immigration status. This could benefit certain adult children who were at one time available for protection under CSPA, but may have not timely filed for the benefit and outright disqualified from benefiting from the Act.
Individuals who do not have citizenship status do not have as many rights as citizens and must constantly worry about whatever immigration status they have being stripped away from them. Being convicted of a crime may very well mean that an individual can be deported from the United States. Being aware of these consequences from the beginning of the case can help individuals make more informed choices.
Most of the foreigners trying to work in the United States. H1B visa is a non immigrant visa, but five immigrant visas allow foreigners to work in the United States and also get many immigration benefits through these EB visas. 1,40,000 visas allocated for every fiscal year. Highly skilled professionals, research professionals, professors and who has extraordinary abilities they can get higher priority
Any immediate family of active or veteran military member (or reservist) could benefit from Parole-in-Place and become eligible to acquire a green card.
Where the proposal has already been sent by the requesting party, Interpol will arrest the suspect and produce him to the Public Prosecution within 48 hours of his arrest. After the arrest, investigations are begun, the suspect’s accusation is heard, and a normal trial procedure is started.
Procedures of the UAE to deliver a suspect of Extradition.
Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that:
The head Interpol officer is elected by a two/third majority of the delegate. Each country has their own delegates in its country, the head Interpol officer is based in Lyon, France, he can remain in office for a period of 4 years, and can also be re-elected.
By virtue of two legal notices published on the 8th of July, the High Net Worth Individuals Rules (HNWI Rules) have now been amended to reflect the Global Residence Programme threshold, both in terms of tax and property value (be it purchase or lease), and a new special tax status is presented.
Often times in the U.S. immigration process, individuals who are approved for a visa and receive a visa stamp in their passport believe that is the end of the process and they are now free to enter the U.S. and remain in the country for the period of time indicated on the visa stamp. In reality, there is more to be understood about the purpose of the visa and its validity as well as the restrictions that may be imposed on an individual upon arrival in the U.S.
Large multinational companies, small businesses and start-ups alike may be able to derive benefits from the time efficient process of availing eligible individuals to engage in business travel to the U.S. under the Visa Waiver Program.
Russian Migration Legislation Changes in June 2014.
Russian Migration Legislation Changes in June 2014.
Step by step processing of an I-130 petition at the United States Citizenship & Immigration Services (USCIS)
There are general immigration requirements, which apply to all the different categories established in Costa Rica´s legislation. In this article we'll the types of residences that exist and the requirements to access each one of them.
The Maltese Government has introduced the Individual Investor Programme to enable the state to grant citizenship, by way of a certificate of naturalization, to foreign individuals and families who contribute to the economic development of Malta.
Changes in Russian Legislation in May 2014.
Changes in Russian Legislation in April 2014.
Those individuals, who want to move permanently to any state, require immigrant visas. The process is long and complicated, and if you are interested in getting immigrant visa to live legally in CA, the United States, you definitely need to hire immigration attorney in California.
Keep in mind that it’s not that easy to choose a skilled professional among the great variety of the immigration lawyers in California. If you want to change your residency status in the United States, you should approach the matted correctly and consider the great amount of the paperwork you’ll have to deal with. The right lawyer will ensure that your case can be managed timely and without any inconvenience.
Same sex marriage green card applications can now be filed by USA citizens and USA lawful permanent residents for their same sex spouses. The United States Citizenship and Immigration Services (“USCIS”) considers whether you got legally marriage in a same sex marriage state or country where you got married, not where you now live.
There may be different aspects for the “proof of marriage” evidence that is provided at a marriage green card interview that may make proving that a same sex couple live together a bit more difficult in some gay marriage cases.
In real estate transactions in Spain it still happens more often than not that acquired objects or extensions have to be dismantled because renovations or extensions were not properly authorised or the authorisation was not registered with the different agencies involved. Subsequent permits are possible in some cases, but they do require a special process and incur substantial expenses.
Malta Individual Investor Program – Facilitating Citizenship Through Investment in the Republic of Malta
The Republic of Malta allows investors to apply for citizenship, with all of its advantages. Acquiring Maltese citizenship also confers the benefits of European Union citizenship, since Malta has been a member of the European Union since 2004. Maltese citizenship also provides a visa exemption to more than 160 countries around the world, including the U.S.A.
Extradition can be requested by anyone residing in the UAE who has a criminal case against a suspect and the crime was committed in the UAE. Such suspects can be extradited from another country, back to the legal jurisdiction of the UAE.
Changes in the procedure for receiving Russian citizenship. A draft law simplifying the procedure for receiving Russian citizenship for those who are Russian native speakers and whose relatives in a direct ascending line lived on the territory of Russia was announced at the end of March.
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.
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.
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.
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.
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.
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.