Immigration Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Immigration.
February 24, 2017 By Law Offices of Grinberg & Segal
Section 101(a)(43) of the Immigration and Nationality Act (INA) defines “aggravated felonies” in immigration law. Each of the aggravated felony provisions describes a crime or crimes in broad terms.
February 23, 2017 By HG.org
Individuals who are currently in the United States without proper documentation may decide to move to Canada at some point. Knowing how a move of this nature can affect an immigrant can help an immigrant make a more informed decision.
February 23, 2017 By Giambrone Law
There are fears in Brussels that the UK immigration system will be unable to define who has the right to stay and who must leave when Brexit finally bites. There is no means of tracking EU nationals when they enter or leave the UK. There is a very real fear that EU nationals living in the UK legally will be left in a chaotic no man’s land as for some people there will be no way of demonstrating the validity of their right to live in the UK.
February 17, 2017 By HG.org
The changes for business are both big and small and may warrant the need for a hiring a business lawyer before long. These changes are due to new and different laws and regulations that are anticipated to affect companies throughout the country as time progresses into 2017.
February 14, 2017 By HG.org
There are important differences between a visa and a green card. It is vital that you understand these differences thoroughly before you apply for either one. Not all people are eligible for both types of immigration benefits. While many people believe that visa and green cards are the same. This is not accurate information. Each one has its own purpose and different eligibility requirements.
February 14, 2017 By HG.org
While green card holders enjoy many of the same rights as American citizens, their rights are not absolute. For example, green card holders do not have the right to sit on a jury or receive funding for post-secondary expenses. Additionally, green card holders do not have the right to vote.
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.
February 10, 2017 By M. R. I. Chowdhury & Associates
Bangladesh Government has made provision of registration of Marriage between Bangladeshi and Foreigner and also between Foreigners under The Special Marriage Act, 1872 which came into force on April-2012.Therefore, from April-2012 “Certificate of Marriage” of Bangladeshi and Foreigner received or issued from City Corporation or simply affidavit executed before the Notary Public or Magistrate Court shall have no legal effect according to The Special Marriage Act, 1872.
February 1, 2017 By Law Office of Alex V. Muntean, PLLC
On Wednesday and Friday of last week, President Donald Trump signed Executive Orders having far-reaching effects on U.S. immigration law and procedure. In an effort to inform and advise the public about these Executive Orders, [here is] a summary and relevant advisories.
January 17, 2017 By Giambrone Law
According to Italian law, it is not correct to state that a person born by Italian parents needs to apply to obtain citizenship because such person simply has to claim his right to become a citizen, because he has always been one. Italian citizenship is not determined by where the applicant was born but rather by family members who are citizens of the nation. Italy is one of the only countries in Europe with laws that allow for citizenship through blood that can go back many generations
December 22, 2016 By N. Pirilides & Associates LLC
Such applications may be submitted by foreign spouses of Cypriot nationals who have completed 3 years of marriage and harmonious cohabitation with the Cypriot spouse and two years of residence in Cyprus prior to the date of application (for spouses of overseas Cypriots please see below).
December 22, 2016 By N. Pirilides & Associates LLC
The Cypriot Cabinet has approved on 13.09.16 the revised scheme for granting Cypriot citizenship to non–Cypriot entrepreneurs/investors, aiming once again at providing incentives and attracting foreign investors in Cyprus.
December 19, 2016 By Law Offices of Grinberg & Segal
The “permanent bar of inadmissibility” is found in section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (INA). Although it is similar to the more common 3- and 10-year bars of inadmissibility, there are differences in how the permanent bar is triggered and the penalties proscribed.
December 13, 2016 By Law Offices of Grinberg & Segal
Under the Child Status Protection Act (CSPA), certain child beneficiaries of immigrant visa petitions filed by a U.S. citizen or lawful permanent resident (LPR) may continue to be considered a child after “aging out.” CPSA protection allows the child beneficiary to stay in the same preference category and retain his or her original priority date even after aging out. For many such beneficiaries, this can mean a positive difference of several years in procuring permanent residency in the U.S.
The Irish Immigrant Investor/ Entrepreneur Program: A Path to Permanent Residence & European Citizenship
December 8, 2016 By Harvey Law Group
The European market remains one of the leading alternatives for foreign investors wishing to expand businesses.
November 29, 2016 By Law Offices of Grinberg & Segal
Temporary Protected Status (TPS) is a temporary immigration benefit available to certain nationals of countries that are designated by the Secretary of Homeland Security for TPS.
The employment-based fifth preference category (EB5) is for immigrant investors. Each year, a limited number of immigrant visas may be allocated to qualifying immigrant investors.
The US has finally lifted all remaining sanctions against Myanmar on 7 October 2016. President Obama signed an Executive Order terminating the national emergency with respect to Myanmar, revoking the Myanmar sanctions Executive Orders, and waiving other statutory blocking and financial sanctions on Myanmar.
The L visa for nonimmigrant intracompany transferees allows U.S.-based employers to petition to transfer certain alien employees from related foreign entities to work in the United States.
Issuance of residence permits of Employees at international companies
Individuals on F1 student status are required to follow all of the rules and regulations regarding F1 status in order to maintain such status. If an F1 student commits a status violation, he or she will be considered out of status.
The employment-based fourth preference (EB4) category is an immigrant visa preference category for “special immigrants.” A person may apply for lawful permanent resident (LPR) status in the EB4 category if he or she meets the requirements for status as a special immigrant.
An alarming consequence of the Brexit vote became apparent during the recent legal challenge at the High Court aimed at forcing the British prime minister, Theresa May, to acquire the explicit approval of Parliament before triggering Article 50.
In an effort to accelerate growth and attract foreign investment, the Council of Ministers of Cyprus in September 2016 revised the citizenship by exemption program and has set new economic criteria on the basis of which Cypriot citizenship can be obtained by investment.
Under section 212(a)(4)(A) of the Immigration and Nationality Act (INA), an alien who is considered “likely to become a public charge” is inadmissible to the United States. A public charge determination may be made at the time of an application for a visa or at the time of adjustment of status.
When individuals commit crimes, they may not think clearly about the potential consequences of committing a crime. For many people, these consequences are often severe, including the possibility of being imprisoned or having to pay large fines. The consequences are even more severe for individuals who are not citizens.
The Form I-94 is an immigration form issued by the Customs and Boarder Protection (CBP). It is issued to all aliens who are admitted to the United States as well as those aliens who seek adjustment of status or an extension of stay while in the United States.
A treaty trader visa can enable a foreign national to immigrate to Florida for the purpose of starting, developing and directing import/export trade between the treaty country and the United States. A trader can apply for treaty trader visa using immigration lawyers in Florida, who would have knowledge of the application process and requirements, as well as advise you of necessary or applicable Florida legal services needed.
For DACA holders who have U.S. citizen spouses, or DACA holders under the age of 21 with at least one U.S. parent or step-parent, the DACA program may open a door for them to be eligible for permanent residency.
The main goal of the revised scheme is a further encouragement of Immediate Foreign Investments.
The four most common immigration visa options for entrepreneurs and foreign investors come in two categories.
The Immigration and Nationality Act (INA) provides for immigration benefits for the alien spouse of a U.S. citizen. For example, a U.S. citizen may file an immediate relative petition on behalf of his or her alien spouse, which is not subject to an annual cap.
The Council of Ministers of the Republic of Cyprus, on the 13th of September 2016 has issued an amended Regulation in relation to the Scheme for Naturalisation (Citizenship) of Investors in Cyprus by Exception.
Federal law requires that all employers verify the eligibility of new employees to work in the U.S. by completing Form I-9, the Employment Eligibility Verification form. This must take place within three days of the new employee reporting for work.
There are several options for Florida employers who want to hire foreign nationals but understanding all those options and the process for bringing a foreign worker to the U.S. can prove daunting for most companies.
Treaty employees from foreign countries that have signed navigation and commerce treaties with the United States can use treaty employee visas to gain entrance to the United States. They can do this as an employee of a treaty trader who has started an import/export business between the United States and the employee’s country of origin.
Being a Cypriot citizen is an advantage which entails a plethora of benefits also deriving from the Membership of the Republic of Cyprus in the European Union. In an uncertain, developing world a second passport is an investment in the future. It offers among other advantages greater stability and security, portfolio diversity, investment opportunities and asset protection.
In immigration law, there is a concept referred to as “unlawful presence.” By accruing certain amounts of unlawful presence in conjunction with other actions, an alien may find him or herself subject to one of the inadmissibility bars.
The L1 visa category is a nonimmigrant work visa category for intracompany transferees. It allows a U.S. employer to petition for certain foreign workers who work for a related foreign employer. There are two types of workers eligible for L1 classification. L1A visas are for persons who will work in a managerial or executive capacity. The L1B visa category is for those who will work in a “specialized knowledge” capacity.
You may be eligible for an L-1 visa for “intracompany transferees” if you are an executive, manager, or a worker with specialized knowledge who has worked abroad for a qualifying organization (including an affiliate, parent, subsidiary or branch of your foreign employer) for at least one year within the 3 years preceding the filing of your L-1 petition (or in some cases your admission to the United States).
In order to procure certain waivers or other forms of immigration relief, an alien may be required to establish that a qualifying relative would incur “extreme hardship” were the applicant to be denied relief. In limited cases, the alien may be permitted to satisfy the extreme hardship requirement by establishing that he or she would incur extreme hardship upon removal.
The United States is deemed by the world to be the land of opportunities for both job seekers and investors alike. There are more jobs and commercial opportunities here than any other place in the world. That is why most corporations and sole proprietors around the globe perceive it as the ultimate destination.
If a foreigner commits an offense by a vehicle not registered in the area of RA. Have you committed an offense by a vehicle not registered in RA?, do you think a video camera fixed it, but don't you receive the administrative act of offense?
Have you ever heard of a Treaty Investor Visa? Have you considered hiring the services of a Florida Business Lawyer in hopes to expand a business as a foreigner into Florida? While these two topics may look unrelated, they can play a central role in you getting a visa to operate a business in the United States. Getting a visa allowing you to stay for an extended period of time in the US is usually a long and daunting task for many foreigners.
The H1B visa is for nonimmigrant workers in specialty occupations who have a bachelor’s degree or its equivalent.
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.
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.
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.
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.
Section 212 of the Immigration and Nationality Act (INA) contains various grounds of alien “inadmissibility.”
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.
Sometimes taxpayers are unsure of how to interpret the word “residency” when preparing their income taxes.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Asylum, statutory withholding of removal, and withholding of removal under the Convention Against Torture (CAT) are three distinct forms of immigration relief.
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.
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.
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.
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.
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.
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.
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.
Denaturalization is the process by which a U.S. citizen loses his or her citizenship.
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.
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.
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.
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.
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.
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
In November 2015, Myanmar had held a successful national election, which was a significant milestone towards a transparent and stable government.
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.
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.
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.
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.
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.
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.
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.”
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, 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.
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.
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).
A brief overview of the special considerations for investors and entrepreneurs who are seeking to use one of these three non-immigrant visa categories.