Work Permit Lawyers in the USA
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Work Permit Lawyers USA - Recent Legal Articles
- Important Factors Affecting Immigration
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.
- Another Successful I-601 Waiver of Grounds Of Inadmissibility Under My Belt
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.
- Final Rule on Processing I-601 Hardship Waiver Will Take Effect on March 4, 2013.
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.
- Frequent Travel Abroad and Abandonment of Legal Permanent Resident Status
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
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.
- A Bad Marriage is Not the Same as a Sham Marriage
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
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.
- Deferred Action for Childhood Arrivals
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:
- A Nation Built on Immigrants, A Future Built on Immigration Reform
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.
- The H-1B Visa and the Specialty Occupation Requirement
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.