Immigration Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Immigration.
September 21, 2016 By Law Offices of Grinberg & Segal
The Form I-129, Petition for a Nonimmigrant Worker, is a form that is used for multiple purposes regarding nonimmigrant workers: petitioning for a nonimmigrant worker in certain categories; requesting an extension of stay in certain nonimmigrant categories and requesting a change of status to certain nonimmigrant categories.
September 21, 2016 By Law Offices of Grinberg & Segal
Persons in the United States on B1 (temporary visitor for business) or B2 (temporary visitor for pleasure) status are limited in the activities in which they can engage. Among the prohibited activities for persons on B1 or B2 status is attending school as a student in the United Sates.
September 19, 2016 By Law Offices of Grinberg & Segal
Under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), an alien who seeks to procure, has sought to procure, or procured any benefit under the INA by fraud or willful misrepresentation of a material fact, is inadmissible to the United States.
September 16, 2016 By Law Offices of Grinberg & Segal
In order to obtain a nonimmigrant or immigrant visa, an alien must be admissible to the United States. If an alien is inadmissible, he or she must generally file a Form I-601, Application for Waiver of Grounds of Inadmissibility.
September 14, 2016 By Law Offices of Grinberg & Segal
Section 212 of the Immigration and Nationality Act (INA) contains various grounds of alien “inadmissibility.”
September 13, 2016 By Law Offices of Grinberg & Segal
The United States Citizenship and Immigration Services (USCIS) require immigration fees for the processing of certain forms and services. These fees help fund the USCIS’s operations.
September 12, 2016 By Law Offices of Grinberg & Segal
Under section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (INA), only 65,000 H1B visas may be allocated each fiscal year. This is commonly called the “H1B cap.” The H1B cap applies to H1B3 fashion models of distinguished merit and ability as well.
September 12, 2016 By Jurado & Farshchian, P.L.
Sometimes taxpayers are unsure of how to interpret the word “residency” when preparing their income taxes.
September 8, 2016 By Harvey Law Group
Thailand’s reputation is that of a business-friendly country and together with foreign investment has made it a leading centre of trade in Southeast Asia. Thailand has emerged as an internationally recognized destination for service and industry sectors with tax incentives, well-developed infrastructure, cost-effective workforce as well as ideal geographic location.
September 6, 2016 By Law Offices of Grinberg & Segal
International adoption laws and procedures are complicated. It is important to consult with an experienced immigration attorney who has experience working as an international adoption attorney.
September 6, 2016 By Jurado & Farshchian, P.L.
Applicants for certain categories of the L-1 visa are now required to pay an additional fee of US$4,500, thanks to the Consolidated Appropriations Act signed into law in December 2015.
September 1, 2016 By Law Offices of Grinberg & Segal
The provisional unlawful presence waiver was originally created in regulations in 2013. A new provisional unlawful presence waiver final rule will take effect on August 29, 2016. The new rule will generally broaden the number of people who will be able to seek and be granted provisional unlawful presence waivers. This article will examine the new regulatory scheme.
September 1, 2016 By Ketenci & Ketenci
Canada offers an “investor immigration program” for business entrepreneurs, self-employed person and investors coming from outside Canada who can substantially invest in Canadian economy and development which includes creating new jobs and businesses.
September 1, 2016 By Ketenci & Ketenci
Under U.S. immigration law, temporary visas are considered to be ill-suited for entrepreneurs. Startups have been shown to be responsible for much of the net increase in employment in some recent years in USA. Therefore it is in the interest of policymakers to encourage entrepreneurs to start new businesses in the United States, by offering a startup visa.
August 30, 2016 By HG.org
Individuals who are not United States citizens risk being removed from the country if they are convicted of certain crimes. A conviction for a domestic violence crime can affect the ability of an immigrant to remain in the United States. It can also impact his or her ability to re-enter the country after leaving or traveling.
August 25, 2016 By Charlotte Law Firm
This year will mark the 20th anniversary of the enactment of the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) of 1996, which fundamentally changed the U.S. immigration system. Signed into law by President Bill Clinton, the new legislation was the product of the newly elected Republican majorities in the House and Senate. As America’s last major immigration reform legislation, it included sweeping revisions of the U.S. immigration system.
August 24, 2016 By Law Offices of Grinberg & Segal
Asylum, statutory withholding of removal, and withholding of removal under the Convention Against Torture (CAT) are three distinct forms of immigration relief.
August 20, 2016 By HG.org
Individuals who are not citizens of the United States must undergo extensive background checks before they are admitted, while they are applying for adjustment of status and after they have been granted lawful presence. If they are convicted of a crime such as DUI, there can be significant consequences.
August 20, 2016 By HG.org
When a person who is not a citizen is convicted of DUI, this conviction can have a serious effect on his or her ability to be admitted to the United States or remain in the United States.
August 22, 2016 By Charlotte Law Firm
On Friday, July 29, 2016, the Department of Homeland Security (DHS) published new regulations expanding the “provisional waiver.” Under the new regulations, DHS will now accept applications for the “provisional waiver” from those who have Lawful Permanent Resident (LPR or “green card” holder) spouses or parents.
August 19, 2016 By Law Offices of Grinberg & Segal
In order to file for asylum and/or withholding of removal, an applicant must file the Form I-589, Application for Asylum and for Withholding of Removal.
August 18, 2016 By Belyaev & Belyaev
According to the Latvian Citizenship Law there are several categories for a person with Latvian ancestry to obtain dual citizenship with Latvia. The most common, however, is the so-called ‘Latvan exile’ category.
August 18, 2016 By Belyaev & Belyaev
The Republic of Latvia maintains Investor Residence Programme, where one of the options to obtain a residence permit is investing into a business in Latvia. The residence permit issued in Latvia is valid across most European countries (the Schengen Area), thus allowing the holders of the permit to freely travel and stay (visa-free) in Schengen countries up to 90 days per half a year.
August 15, 2016 By Jurado & Farshchian, P.L.
The J-1 visa program enables foreign nationals to come to the U.S. to study, teach, conduct research or receive training for up to several years. The J-1 visa program is administered by the U.S. Department of State, which designates public and private entities to serve as sponsors for J-1 visa applicants.
August 12, 2016 By Law Offices of Grinberg & Segal
Denaturalization is the process by which a U.S. citizen loses his or her citizenship.
August 10, 2016 By Law Offices of Grinberg & Segal
Withholding of removal is a form of relief from removal that prevents an alien against whom a final order of removal has been entered from being removed to a specific country.
August 11, 2016 By APC Law Firm
There are internal and external labor migrations. Internal migration is implemented within a country, while foreign migrant workers involve leaving the territory of the country, to take up well-paid employment abroad. Recently, the popularity of external labor migration began to increase.
August 8, 2016 By Vasilev Law Office
Obtaining Bulgarian Citizenship through Investment - the “Law for the Foreigners in Bulgaria” and the “Law for the Bulgarian Citizenship”. What are the requirements and what choice has the applicant in terms of the required investment. Why is the investment Program completely safe and unique in the European Union.
July 27, 2016 By Apfelbaum Law
Many people believe that the only way to get access to residency in the United States is by getting a “green card”, but that is not so. For example, there is a program that gives foreign investors the possibility to obtain a residence permit when investing in the United States.
July 22, 2016 By Kydalov & Partners
Where could Turks immigrate? It is unlikely that many Turks will immigrate to Muslim countries, because the level of freedom there does not reach even modern-day Turkey. Even business immigration to the EU does not look so attractive for the middle class, because the cost of living is much higher in the EU. There is one more potential country for temporary or permanent immigration – Ukraine.
July 20, 2016 By Kydalov & Partners
The most plausible reason of getting an immigration permit is making investments to the Ukraine economy by a foreigner, that is a convertible currency in the amount not less than one hundred (100) thousand USD registered in the proper order
July 15, 2016 By Harvey Law Group
In November 2015, Myanmar had held a successful national election, which was a significant milestone towards a transparent and stable government.
July 11, 2016 By Respicio & Co. Law Firm
While the immigration officers have the prerogative to decline entry of foreigners, they must do so without arbitrariness, that is, the ground for refusal must be among those provided by law.
June 30, 2016 By Boccadutri International Law Firm
Chinese attracted by investments in Italian houses: In the last few years Chinese people have been attracted by investments in Italian houses. The are several reasons behind it: obtaining a Schengen Visa is one of them.
On March 24, 2015, the U.S. Citizenship & Immigration Services (“USCIS”) issued a draft policy memorandum on L-1B adjudications, calling for feedback by May 8, 2015, before the policy becomes effective on August 31, 2015.
By Kaass Law
Whether you are a foreign citizen willing to work in the US or an US employer that wants to hire a foreign employee, below are a number of questions Business Startup Attorneys encounter regarding H-1B visa.
The United States was once hostile toward LGBT immigration. However, laws and immigration policies of the United States have changed to make it generally welcoming to LGBT immigrants. Nevertheless, there are still difficulties particular to LGBT immigrants. In this article, we will review certain provisions of immigration law that touch on LGBT immigrants.
There is a Belgian paradox insofar as, every year, Belgium is ranked by OECD among the highest taxed countries, based on the ratio of the tax burden (state, regional and local taxes, social contributions) and gross domestic product; within the European Union, Belgium is also known for being the second country with the highest tax burden. But Deloitte and the European Commission refer to sophisticated mechanisms.
Immigration law provides the right of foreign to apply for Romanian citizenship. With the help of an immigration attorney specialized in immigration law you can obtain details about the conditions to be fulfilled in order to obtain Romanian visas, resident permit in Romania and Romanian citizenship. An immigration lawyer will help you with submitting the documents and with understanding the conditions mentioned in the immigration law of Romania, so obtaining Romanian citizenship becomes easier.
Under current U.S. immigration law, LGBTI aliens may seek asylum in the United States.
The B2 nonimmigrant visa classification is if for temporary visitors for pleasure. There are limited activities in which a B2 nonimmigrant may engage in while on B2 status without violating status. In this article, we will review permissible and impermissible activities while on B2 status.
In order to be “admitted” into the United States as the term is defined in section 101(a)(13)(A) of the Immigration and Nationality Act (INA), an alien must make a lawful entry into the United States “after inspection or authorization by an immigration officer.”
Under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), an alien who is found to have procured or to have sought to procured a benefit under the INA through fraud or willful misrepresentation of a material fact is inadmissible for life. However, under section 212(i) of the INA, there are limited waivers available from this very serious inadmissibility ground.
The U nonimmigrant visa category is for certain victims of particularly serious crimes who cooperate with law enforcement in the investigation or prosecution of the criminal activity. In order to be eligible for a U visa, the applicant must obtain what is called “law enforcement certification” on the Form I-918, Supplement B.
"Parole In Place" for Family Members of U.S. Military Service Members and Former U.S. Military Service Members
The Attorney General has limited discretionary authority to grant parole to an alien who is in the United States without an immigration status. This exercise of parole is called “parole in place.”
An alien who is granted temporary protected status (TPS) may obtain an Employment Authorization Document (EAD) along with TPS. Furthermore, he or she may maintain a valid nonimmigrant status along with TPS. Certain non-immigrant statuses limit or outright prohibit the employment that the non-immigrant may engage in while on status.
When seeking labor certification for an employment-based immigrant visa, the following relationships will subject the labor certification application to high scrutiny:
Male U.S. citizens, lawful permanent residents (LPRs), and undocumented aliens between the ages of 18 and 25 are required to register for with the Selective Service System (SSS). The law requires that registration occur within 30 days of the person’s eighteenth birthday, but late registrations are accepted prior to the person turning 26 years of age.
The E-2 (E2) Treaty Investors visa is a nonimmigrant visa for certain nationals of countries with which the United States maintains a treaty of commerce and navigation. The E2 visa is available for investors and for employees of E2 treaty investors or companies that, by virtue of their ownership and operations in the United States, can qualify as E2 petitioners. This article will provide a brief overview of the E2 visa category.
The Department of Homeland Security (DHS) has discretion to reinstate a prior removal order when an alien reenters the United States illegally after having been removed previously or having left under a grant of voluntary departure under a removal order. If an alien is subject to summary removal, he or she will not be entitled to a hearing before an immigration judge. Depending on the situation, there may be limited forms of relief available to the alien from reinstatement of removal.
Under certain circumstances, arriving aliens who are found inadmissible at the border may be subject to expedited removal. Expedited removal is a removal procedure where an alien is removed without a hearing before an immigration judge. However, there are limited circumstances in which an alien who would otherwise be subject to expedited removal may qualify for an exception.
The United States Department of Homeland Security estimates that 11 million workers who were born in other countries lack documented immigration status. This represents approximately 5 percent of the American workforce.
Under certain circumstances, a child with a pending adjustment of status application to a family preference category who would otherwise “age out” (that is, turn 21 years of age and not be covered by a provision that prevents aging out) may have his or her immigrant visa petition converted to an appropriate preference category and recapture the priority date associated with the original petition.
The EB1-B (EB1B) category is an employment-based immigrant visa category for outstanding professors and researchers. The underlying statute for the category is found in section 203(b)(1)(B) of the Immigration and Nationality Act (INA).
The decision on whether to grant an asylum application is discretionary decision based on the facts of each specific case. However, there are certain bars to asylum eligibility which, if triggered, require than an asylum application is denied.
A brief overview of the special considerations for investors and entrepreneurs who are seeking to use one of these three non-immigrant visa categories.
An overview of who is subject to administrative removal, the administrative removal procedure, and potential avenues for relief from administrative removal.
Who Was Eligible to Take Advantage of LIFE Act Adjustment of Status? The Original Filing Requirements for LIFE Act Adjustment of Status and Grandfathering. LIFE Act Adjustment of Status in Proceedings. Advice for LIFE Act Adjustment of Status.
O visas are nonimmigrant employment visas for limited classes of aliens. The O-1A (O1A) visa is for “aliens of extraordinary ability” who are seeking to enter the United States to work in their areas of expertise.
Individuals who want to be lawyers generally must pass a bar exam. This test is perceived as one of the most grueling in the country, requiring many individuals to invest an entire legal education and post-graduation months preparing for it. The test is created in such a way that it should indicate whether a person is qualified to practice law in a given jurisdiction.
In the United States, all people have rights. It does not matter who you are, what country you are from, or what your status is in the United States. No Human Being is Illegal. If you are stopped by Police Officers, Immigration Agents or other public authorities, you have rights. As long as you are within the borders of the United States, you have rights. Know them. Use them.
By APC Law Firm
To receive Ukrainian citizenship in any grounds you shall appeal to the territorial division of Ukraine LCA on the place of living; submit an application with the necessary documents; obtain a certificate of registration of the citizen of Ukraine (which is the basis for obtaining passport of citizen of Ukraine) in the territorial division of Ukraine LCA on the place of living.
If you are an E-2 visa holder who has entered the U.S. to supervise or manage your investment in a U.S. venture and decide to make your stay more permanent, you can apply for a green card by filing a petition for either employment-based immigration or family-based immigration.
The right to vote is fundamental for United States Citizens. Voting is the way most people contribute to the ongoing national conversation on what is important to the American people, and in this election cycle, it is more important than ever.
Baseless, anti-immigrant rhetoric may stir certain segments of the voting bloc, but the facts will trump demagoguery. In reality, immigrants are crucially important to America. Immigrants enrich our culture, increase our productive capacity as a nation, and enhance our influence in the world.
You don’t have to be an American citizen or have residency here to start a business in the U.S. Your main ticket to business success in the U.S. is the E2 visa, as well as an awareness of the laws pertaining to foreign nationals who operate businesses in the U.S.
Last year, the 65,000 slots for H-1B visas were filled within the first five days of the lottery process. The USCIS anticipates that this year will be the same — with almost 250,000 petitions competing for those 65,000 available H-1B visas.
Practical points to consider when contemplating applying for Thai citizenship.
The EB-5 Immigrant Investor Program was established by Congress in 1990 to encourage foreign investment in the U.S. Over the past 26 years, the program has allowed thousands of foreign investors to make substantial capital investments in the U.S. Although the program has been in force for more than a quarter century, there are still some misconceptions about its purpose.
Sometimes when individuals travel to the United States, they will also want their domestic help, such as a maid, housekeeper or nanny to travel with them. In order to accomplish this objective, the traveling individual must petition for a B-1 Visa.
By DAB Law Firm
It is significant for the foreigners to comply with the immigration laws while residing and working in Turkey. Below are the general principles and procedures regarding the residence and work permits for foreigners in Turkey.
Bulgarian Investment Immigration Program: the investment opportunities and the related benefits, fast-track options for acquiring Bulgarian citizenship, the requirements and the process.
If a legal permanent resident wants to apply for naturalization, his or her conviction of a DUI may impact this decision. However, there are many factors that may be considered.
The H-1B visa program is for foreign workers serving at a professional level in specialty occupations. There are 65,000 H1B spots set aside in 2017 for foreign nationals working for U.S. companies that meet the requirement of at least a bachelor’s degree or equivalent, and 20,000 spots for those with U.S. master’s degrees.
There has been a recent increase in the interest of third country nationals obtaining immigration permits in the Republic of Cyprus, as Cyprus is a popular and very appealing destination for third country nationals who would like to obtain a Permanent Residency Permit in an EU country.
The government of Cyprus has now implemented a new immigration initiative aimed at facilitating non- EU 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.
Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. The five employment-based immigrant visa preferences (categories) are listed below.
Obtaining a green card through a marriage is sometimes referred to as the “fast track” to lawful permanent residence.
The simple truth of the matter is this: Refugees are the most thoroughly vetted class of immigrants in the U.S., and state governors have no legal authority to refuse them. Here’s an overview of the procedure a refugee must undergoes before relocating to the U.S.
Reports of these ICE raids have spread fear throughout immigrant communities. In light of these fears, it is important for immigrants, their families, and advocates to know the facts about these current ICE raids and of what rights immigrants have when ICE comes knocking.
The EU Commission has recently announced that to date Belgium has failed to transpose the Single Permit Directive (Directive 2011/98/EU) into its national law. Hence, the EU Commission referred Belgium to the EU Court of Justice in order to address the lack of progress in transposing this Directive.
Cyprus offers several attractive Immigration programs which are popular with non-EU markets such as China, Russia and the Middle East. One of these programs relates to obtaining citizenship by investment. Cyprus is one of the very few countries in the European Union to offer an Immigration program which leads directly to citizenship. A Cypriot citizenship means an EU citizenship and the right to live and work in any country of the European Union.
Last year, the H-1B filing period lasted only five business days due to the high demand for H-1B visas. In 2015, there are 65,000 H-1B spots set aside for foreign nationals working for U.S. companies that meet the requirement of at least a bachelor’s degree or equivalent, and 20,000 spots for those with U.S. master’s degrees. The demand for H-1B visas this year is expected to be even greater than in 2014.
Those wishing to enter the U.S. as a legal immigrant or facing deportation often find the U.S. immigration process to be complicated, confusing and even frightening. Hiring an experienced Florida immigration attorney to help you navigate this process can increase the chances of a favorable outcome for your case.
International judicial cooperation is one of the most important aspects of cooperation between countries for crime fighting. There is exigent need to fighting the crime and protecting the society structure, in addition to punishment and chasing the criminal wherever he travels, in order not to avoid the punishment. A criminal usually escapes after committing the crime, as it becomes easy for him, nowadays, to travel freely between countries.
Florida employers seeking to hire foreign nationals have several options for doing so through a variety of work visa options from the U.S. government. Most employers find the work visa application process confusing and frustrating, which is why it is important to seek the counsel of an experienced immigration attorney to assist you.
Unlike the United Kingdom, Canada does not have a fiance visa immigration category. Canada immigration is limited to the spouse visa category and the common-law partnership category (where people live together for one year or more).
Options for obtaining a Labour Market Impact Assessment (LMIA) or LMIA exempt work permit.
Canada and UK are frequently cited as being among the most desirable countries where an entrepreneur would want to start a business.
Business Immigration in Belgium and in France: New Rules in a Tense Situation, Full of Opportunities
Recent events in Paris and Brussels raised legitimate concerns on the side of applicants to business and professional immigration, particularly for those from Middle East. In addition to this context, legal reforms lead to revise the practice, constantly changing. However, as always, these changes are obvious opportunities for those who can adapt.
By M F Ejchel
When a foreign worker provides services in Brazil the laws governing the contract are the laws of the country of origin or the laws of Brazil? This special article is about the foreign employment in Brazil and principles adopted by the Brazilian Labor Court on the demands arising from those relationships.
Ukraine can be considered as an attractive country for foreigners wishing to immigrate to Europe. Let’s consider the benefits of migration to Ukraine in comparison with other countries and consider the so-called business immigration.
The Canadian immigration process is complex and daunting. Canada has 10 provinces and 3 territories. Each Province and Territory has its own immigration programs for skilled and semi-skilled workers as well as students and investors. In addition, there are also several Federal immigration categories.
There are hundreds of unauthorized agencies offering Canadian Immigration Services in the United Kingdom, India, China and elsewhere. Many of these agencies only refer cases on to accredited Canadian immigration lawyers. Other companies use their UK immigration license (OISC or Law Society) to mislead the public into believing they are authorized to practice Canadian, Australian, New Zealand and American law!
Many clients feel confident enough to prepare their own applications after reading through the Canadian immigration rules online or by having a consultation with a Canadian immigration lawyer. However, it is worth noting the following statistics involving cases submitted without the assistance of a Canadian immigration lawyer:
A recent change to Canadian immigration law took place in the province of British Columbia (BC) with the creation of the Entrepreneur Immigration Registration (EIR). This new system means that BC now offers a pathway to permanent residence to immigrants who are experienced business people and are looking to invest in and operate a commercially viable business in Canada. This is important for anyone interested in business immigration to Canada.
Many issues come up when someone is faced with a DUI but when you are not a permanent citizen, one of the biggest fears is deportation.
By CTM Avvocati
People seeking asylum are those who have suffered political persecution or fear, based on reasonable grounds, to undergo an individual persecution because of their race, their religion, their nationality, their membership of a particular social group or their political views. They can seek asylum in Italy representing an application for recognition of refugee status. All foreign citizens, exception for EU citizens, have the right to seek political asylum in the Italian territory.
By CTM Avvocati
In the last decade Italy has increased by more than 35% the number of spouses or children arrived in our Country that use the institution of family reunification Visa. About 1% of it concerns people that have multiple wives. Can these people get an Italian Visa for family reasons?
The amendments in the Bulgarian legislation in the past few years paved an easier and smoother path to the Bulgarian citizenship goal by introducing a fast-track Bulgarian citizenship procedure on the grounds of an investment made by the foreign individual in Bulgaria.