Immigration Law Articles

Kadmos Consultants welcome recent comments of the President of the Upper tribunal questioning the legality of the new requirement of the immigration rule making settlement applications for Work Permit holders subject to an arbitrary minimum wage benchmark. Kadmos Consultants are happy to announce another stepping stone in their fight for the rights of migrant workers.

ICE has stated that they intend to conduct 3,000 Form I-9 audits. Unsuspecting Arizona employers will receive a Notice of Inspection, giving them “at least three days” to produce the requested I-9 documents. Since 2008, I-9 audits have increased by more than 375%. Employers should not be fooled into thinking that the I-9 auditor is harmless.

This article explains the statutory requirements for a joint venture in Ghana involving a foreign partner. Under the laws of Ghana, a foreign investor or company may collaborate with a Ghanaian businessman or company through a joint venture agreement.

Persons, be either Dominican nationals or foreigners desiring to buy, resell or in any way dispose of real estate in the Dominican Republic should note that Dominican Republic real estate laws and regulations particularities make it preferable to conduct a due diligence and review process through independent counsel in order to verify legal and tax status of the property before any formal decisions or payments are made.

Temporary Protective Status (TPS) is now available to Syrian Nationals and persons who are residents of Syria. The USCIS published notice that Syrian nationals are now eligible to apply for Temporary Protective Status (TPS) - as of on March 29, 2012 and until the September 25, 2012.

Introduction - The proposed changes in the processing of the I-601 Waiver will significantly reduce the time that United States citizens and permanent residents are separated from immediate relatives. In some cases the immediate relative may remain in the United States while the waiver is being processed.

Immigration and Nationality Act (237(a)(1)(H) gives the Immigration Judge the discretion to waive the removal of an immigrant who procured a visa through fraud or misrepresentation. In making a discretionary finding, the Immigration Judge had to balance the alien's undesirability as a permanent resident with the social and humane consideration present. The law requires the alien to have a qualifying relative who does not have to be alive when the deportation proceedings are initiated.

Extreme Hardship,” for immigration purposes is hardship caused to the qualifying family member that is directly or indirectly caused by the inadmissibility of the alien from the USA. The qualifying family member must be a United States Citizen or Permanent Resident of the United States.

Information for this series of articles is taken from the USCIS Adjudicators Field Manual (AFM). The manual provides guidelines to the immigration officer (AKA the adjudicator) who conducts interviews and reviews applications submitted by permanent residents seeking citizenship through naturalization. The manual is an excellent source of information for those seeking an immigration benefit from the USCIS.

Preference Relatives or Preference Categories apply to family members who are relatives but not immediate relatives. There are a limited number of visas available to relatives who fall into the category of preference relatives. The government limits the number of persons who are issued visas by assigning a priority date to each relative who has an approved Alien Relative Petition.

Introduction - The proposed changes in the processing of the I-601 Waiver will significantly reduce the time that United States Citizens and Permanent Residents are separated from immediate relatives. In some cases the immediate relative may remain in the United States while the waiver is being processed.

The Attorney General has discretion to grant applications for adjustment of status. A successful case requires not only good arguments but also credible, well organized and presented evidence. I did an extensive research and wrote compelling legal arguments. But these would have been useless if I did not have credible evidence to back them up.

Those seeking asylum in the United States do so because they are currently being persecuted in or risk persecution by returning to their home country. The U.S. offers protection for those being persecuted, but individuals must first wade through the stringent application process before being approved as an asylee.

The Irish Government has launched two new immigration programs aimed at Investors and Entrepreneurs who are prepared to invest or create jobs in Ireland. - Immigrant Investor Program - The Immigrant Investor Program requires applicants to make substantial investments in Ireland.

In order to retain talent in the UK, The UK Border Agency is making certain changes to the existing routes and is also introducing a new visa category known as Tier 1 (Graduate Entrepreneur). The UK Border Agency with effect from 6 April 2012 will be closing down the existing Tier 1 (Post study work) route. As a result, we have been inundated with questions from students looking to extend their stay in the UK.

An issue of concluding an employment contract by an employer and an employee, who is a foreigner or a person without citizenship (hereinafter referred to as “a foreigner”), is regulated by the national legislation of Ukraine, as well as international agreements of Ukraine, concluded with foreign states in the field of labour and social protection.

The Israeli Tax Authority issued recently a tax circular entitled: Determining the date of ceasing to be Israeli resident and the date when a foreign resident becomes Israeli resident.

The fear of being deported is a daily worry for some. Leaving the country may mean leaving behind friends, family, job as well as the place they have come to call home.

It has been held by the UK Court of Appeal that foreign based speakers will be excluded from the UK if they have exhibited “Unacceptable Behaviour".

Non-citizens of the United States who wish to remain in the country can do so by obtaining a permanent resident card, also known as a green card. One of the most common ways to be granted a green card is through a family immigration visa.

Sole Representative of an Overseas Company - An overseas parent company can send one of their senior employees to the United Kingdom as their sole representative in order to establish their subsidiary or register a United Kingdom branch.

When a married couple consists of two U.S. citizens, the estate planning rules treat them differently than if one spouse is a non-U.S. citizen or if both spouses are non-U.S. citizens. Although the differences may only affect the postponement of Federal estate taxes, the marital deduction set forth in the Internal Revenue Code may affect your estate plans.

California leads the nation in the number of undocumented immigrants living in the state, accounting for 2,570,000 of the 10.8 million people illegally residing in the United States in 2010, according to the U.S. Department of Homeland Security (DHS). Given that the state requires people to provide a Social Security number and proof of residency to obtain a driver’s license, this population undoubtedly contributes to the incidence of unlicensed driving.

Each story is unique and every person may have their own reasons for choosing to immigrate to the U.S. For many looking to gain entry there are various options available. Many individuals have come to the United States seeking a new life with greater rights and opportunities. A large majority of the opportunities provided however, are only available to legal citizens of the U.S. or those who have been granted certain rights by the court.

The Tier 1 (Entrepreneur) category is for those investing in the United Kingdom by setting up or taking over, and being actively involved in the running of one or more businesses in the United Kingdom.

The Tier 1 (Investor) category is for those high-net-worth individuals who want to make a substantial financial investment in the UK of £1,000,000 (GBP 1 million) or more.

Quick guide to obtain permanent resident visa for those who have a Brazilian life partner (união estável). The foreigner who has an civil union to a Brazilian (same-sex union or not) can get a permanent visa in about 90 days, thanks to this law: Regulatory Resolution number 77/2008 from Labor and Employment Ministry (Resolução Normativa n. 77/2008 do Ministério do Trabalho e Emprego).

Quick guide to acquire Brazilian nationality. There are two basic ways to become a naturalized Brazilian citizen: ordinary and extraordinary.

Surrogacy is an arrangement whereby a woman carries and bears a child on behalf of the 'intended or commissioning parents'. Under English Law, the woman who carries and bears the child is the legal mother. If she is married at the time she becomes pregnant, English law will see her husband as the legal father, regardless of the genetic make-up of the child.

Our clients who are not United States citizens often nervously ask “will a conviction for DUI cause me to be deported?” They also sometimes ask, “if I leave the United States and try to return to the U.S. after the conviction, will I be turned away?” The usual answer we give is, “well, generally speaking, no.”

The "Residential Visa" program will provide an opportunity for people worldwide to live in the United States by purchasing a half million dollars of Real Estate. Senators Charles Schumer and Mike Lee have recently proposed a program that would allow anyone in the world to obtain a United States visa by purchasing United States real estate.

This article summarizes the requirements for obtaining a 212(h) waiver when necessary because an immediate relative has been found inadmissible or deportable as a result of a criminal conviction. You have been invited to visit a friend. The invitation is to stay in their home for six months. You won’t be allowed to work while you are there and you will have to pay for your own trip and your support. You accept the invitation.

If you know a legal permanent resident who is in deportation proceedings, there may be relief available to keep him/her from being deported. Becoming a legal permanent resident (LPR) of the United States is a wonderful accomplishment for many immigrants who leave unfavorable conditions in their home country to live a better life in the United States.

If you and a foreign national who lives abroad are in love, you don’t have to wait until you’re married before you start living your lives together in the United States. Buying a plane ticket to travel abroad has become as common as buying a loaf of bread at the grocery store. Every year many people travel abroad to conduct business or for some sort of pleasure.

According to Article 28 of the Egyptian Labor Law No. 12/2003 any foreign national intends to perform any work in Egypt must obtain a work permit. A fine of not less than EGP 500 and not exceeding EGP 5000 shall be imposed in case of failure to comply with the above mentioned provisions. Said fine shall be imposed on the employer who hires any foreigner without considering the above mentioned provisions.

Under the Violence Against Women Act (VAWA), a battered spouse, child or parent of a U.S. citizen or green card holder can apply for lawful permanent status without the abuser’s knowledge. Both male and females are eligible.

The Dream Act, also known as the Development, Relief, and Education for Alien Minors Act, was reintroduced in the Senate and House of Representatives on May 11, 2011. The Dream Act would give conditional temporary residency and eventually permanent residency and U.S. citizenship to illegal immigrants who have been living in the U.S. for most of their lives.

Securing approval for the UK visitor visa does not solely rely in satisfying all the documentary requirements. There are other factors that applicants from Thailand should consider. Usually, these aspects readily determine the application’s success.

Given the new globalization effects in modern societies and the consequences of the financial crisis, EU adopted a new approach towards immigration policy. This European policy intends to establish bilateral and multilateral agreements with EU neighbors and other countries presenting immigration flows towards the EU, in order to benefit the human capital from the countries concerned.

Foreign national citizens are obliged to be granted work permit by the General Directorate of Foreign Capital in order to perform work inside the borders of Turkey. The application to the General Directorate of Foreign Capital is submitted by the Employer.

Age gaps between the petitioner and beneficiaries hardly affect UK tourist visa applicants. This shall be considered only if the couple is applying for a UK settlement visa.

Basically, there are two Australian visa options that would permit the entry of Thais who intend to explore the country or pay a visit to their Australian relatives. These are the tourist visa and the sponsored family visitor visa. While the two (2) share similar functions, they are nonetheless different in terms of the applicants that they cater to.

This article is the third in a series in which we are addressing the recent memorandum from ICE on exercising discretion when enforcing immigration law.

A K-1 visa, also known as a Fiancé Visa, is the permission to enter the United States given to a foreigner fiancé of an American Citizen. Therefore, in the case of a Thai fiancé, he/she shall be granted this type of visa if his/her American partner first files Form I-129F, Petition for Alien Fiancée, in the U.S. Said petition, if granted, enables the Thai fiancé to file the corresponding application for a K-1 visa in his/her home country.

Work in stables can be unsafe, which is why safe labor standards must be in place for all US citizen employees, such as those individuals who are exposed to dangerous work conditions.

France has transcribed the European Directive into internal law, offering new avenues for professional hires in France that are more favorable than French common law rules for new hires. French Application of the New European Blue Card for Immigration of Skilled Foreign Employees : A valid competitor to the American Green Card ?

Procedures for getting a work permit in Jordan.

Legal procedure for employment of highly qualified specialists.

Family-Based immigration opportunities are based upon a qualifying relationship with a U.S. citizen or permanent resident.

The United States has a long history of welcoming immigrants from all parts of the world.

The Immigration and Nationality Act (INA) section 212(a)(9)(B)(i) bars certain immigrants from returning to the United States if they accrued unlawful presence, i.e., were in the U.S. illegally.

The concept of inadmissibility arises in a number of situations. It is an issue when the visa application is made and when the foreign national seeks entry to the US. It also comes up when a person in deportation proceedings is said to have been inadmissible at the time of entry or was not inspected at their entry. It can also be a factor when a permanent resident is said to have abandoned their permanent residency.

The United States has a plethora of fine elementary schools, high schools, colleges and universities from which to choose. In order for foreign national students to attend any of these schools, they will first have to obtain a student visa and complete all of the necessary requirements.

Asylum is a legal status that is granted to someone who has fled to the United States out of fear for their own safety. In order to gain asylum, you will have to undergo a complex legal process that will determine your eligibility.

Currently the wait time on immigration court cases could be as long as 18 months. Many of these immigrants will be eligible for employment authorization but this will be a separate process. These immigrants will be left in a limbo status that are not eligible to be deported but also are not lawful permanent residents or U.S. citizens.r.

This article is the second in a series in which we are addressing the recent memorandum from ICE on exercising discretion when enforcing immigration law.

How to register trademarks in Jordan.

Obtaining the Belgian professional card is a compulsory step for non-EU citizens who plan to set up a company or to buy a running business in Belgium. With the work permit (for expats as employees) and the wealth card (for people who can prove that their financial means avoid them to work), professional card is also the best way to become a Belgian resident.

President Barack Obama announced a new immigration reform policy, Friday August 19, 2011, that will put a stop to the deportation of illegal immigrants classified as “low-priority” cases. As it stands, there are 300,000 deportation cases pending with the Federal Immigration Courts.

The author talks about the recent Memo that was released by leadership at Immigration and Customs Enforcement relating to those facing deportation from the US.

The package of measures proposed by the European Commission aiming towards better regulated immigration flows from the southern Mediterranean region as well as the proposal to amend EU Regulation on visas consists of the new incentives of EU bodies for a fair, credible and effective EU immigration policy.

Any Texas drug conviction carries very harsh consequences for Immigration purposes. A conviction for a drug conviction makes you inadmissible to the United States for both entry and permanent residency. Moreover, it also makes you deportable. However, certain noncitizens with one simple possession can avoid some of the harsh consequences.

Over the past several months the procedures for the registration of foreign citizens in the Russian Federation by place of residence have seen significant changes.

It is no secret that obtaining Lawful Permanent Residence status, or a “green card,” in the US is not simple. To the contrary, it is a complicated, lengthy and expensive process fraught with traps for the unwary. Fortunately, however, US immigration law makes the process a little easier for scientists.

You've been watching the visa bulletin for your priority date to finally be reported as available and something horrible happens. For months, the report has been moving your category forward - some months by 1 week; others by 2 months. Then all of a sudden, the date GOES BACK or is reported with a big, fat "U" - unavailable. How does that happen?

Many US employers have an interest in hiring recent college and professional school graduates who are foreign nationals. This is true in every field, but is particularly so in the sciences. All the same, employers often shy away from hiring foreign nationals because they are intimidated by many of the complex US immigration laws.

A foreign national may apply for lawful permanent residence status (green card), and seek a waiver of the job offer and labor certification requirements, by establishing that his or her admission to permanent residence would be in the National Interest.

For some time now, lawmakers have insisted that immigration reform, if it is to happen, must be comprehensive, dealing with all of the problems with our broken system at once. A piecemeal approach, they say, is not acceptable. Suggestions that certain pressing issues be dealt with separately have been flatly rejected.

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner work sites throughout the U.S.

This article aims to explain basic principles governing the acquisition of work permit for foreigners in Turkey. The article is committed to clarify relevant issues with questions and answers.

It is rare to find someone who knows what the Visa Bulletin is and rarer still to find someone who knows what it means. One thing I can tell you with certainty is, anyone who claims to be able to predict when a visa is going to be available is lying. No one can. In this article, we will discuss what the visa bulletin is, why it exists and how to read it.

Foreign investors and companies who would like to set up a 100% foreign owned company in Thailand may resort to establishing a Thai representative office with reference to its main office elsewhere outside Thailand.

Following the Justice and Home Affairs Council meeting of 9 and 10 June 2011, the Council discussed the political guidelines for the future work of the following issues:

The lists of third countries whose nationals should be in possession of a visa when crossing the external borders and those whose nationals are exempt from that requirement have been amended on several occasions. When introducing or lifting a visa obligation for a third country the current procedure can take several years. It has become clear that further technical modifications to the main text of the Regulation (EC) No. 539/2001 are needed.

This article aims to clarify the matters concerning Turkish citizenship acquisition in relation with Turkish Citizenship Law. The article touched on the questions and answers related to Acquisition of Turkish Citizenship.

In this article, the author will discuss the differences between processing for permanent residence or the "green card" inside the US and outside the US at the US consulate.

Significant controversy has been raised about a recent ruling in Arizona that severely sanctions employers who “knowingly or intentionally” hired illegal immigrants. This is with respect to the rising cases of illegal immigration in U.S. soil, and this corrective action is intended to discourage people from doing so.

Under EU law, when a national of a Member State resides legally in another Member State, his or her spouse is allowed to remain with him or her even when the spouse is not a national of an EU Member State.

Some important amendments to Bulgarian immigration laws and specifically the Foreigners in the Republic of Bulgaria Act were voted in Bulgarian parliament in the beginning of 2011.

Immigration status of plaintiffs is sometimes an issue in personal injury actions.

An national interest waiver is for advanced degree/exceptional ability workers who are seeking an exemption from the labor certification process and job offer requirement.

Panamanian immigration law classifies foreign nationals in four (4) general categories: Non-residents, Temporary residents, Permanent residents and, Foreigners under protection of the Republic of Panama.

The obtaining of a residence permit in Bulgaria (long stay permit or permanent stay permit) by foreign citizens could be realized on more than legal 20 grounds. One of the most preferred is the purchase of a real estate property in Bulgaria.

This article intends to explain important facets of the I-9 and how it affects employers.

With April 1, 2011 rapidly approaching, there are several important issues employers should be aware of this H-1B filing season. Several new procedures and laws were implemented affecting the H-1B petition process in 2010. Employers should be aware and of these changes and ready before the 2012 fiscal year filing season begins.

Belgium is an attractive country for business, thanks to a central geographic place in EU, a business friendly mentality and an international state of mind. Living on Belgian territory during a certain time is often useful to obtain Belgian citizenship, except if you can prove links with the country. CAUTION: RULES WILL CHANGE AS FROM JANUARY 2013

The author has prepared a further review of changes in immigration legislation which have been introduced in the period from January 2010 to October 2010.

If you were to ask people what the most contentious policy issue in our country was during the 1980s and 1990s, abortion would certainly rank at or near the top of the tallied list. While the debate over reproductive rights continues to create a political battlefield, another issue seems to have taken its place as the most prevalent topic to stir up debate. Our nation’s immigration policy, and specifically how our government should handle the people who are in our country illegally.

Foreigners who wish to settle in Thailand have various visa options to choose from to be able to stay in the country legally and on a long term basis. Below are the most popular Thai visa options available for foreigners.

On May 19, 2010 the Russian Parliament approved amendments to the Federal law "On legal status of foreign citizens in the Russian Federation" ("Amendments"). The Amendments substantially simplify procedure for receipt of work permit by foreign highly-qualified professionals and aim to attract into Russia high talent and competitive business know-how.

The transition from student life to work life can be daunting, especially if you are an international student. Foreign nationals graduating from American universities need to understand the complexities of United States immigration law when moving from school to work. This guide is meant to give individuals working on OPT status a general understanding about moving to H-1B status.

Many foreign nationals are required by their U.S. employers to hire and pay for their own H-1B immigration lawyers. This guide is meant to help employees understand the process of seeking an H-1B lawyer and also explain the duties and obligations of the employer. For a very basic outline of the H-1B process, please visit our Basic H-1B Fact Sheet.

The green card lottery was established under the INA wherein persons from under represented countries may apply for a green card visa to the US using a random drawing each year. If eligible the applicant and the spouse and any dependent children may be given a visa at the same time.

K-1 and K-2 visas are commonly sought after as a pathway to a US green card from a marriage to a US citizen. The visa is process is not as fast as other non-immigrant visas but it is faster than other immigrant visas. The K1 principal fiance and the K2 dependents from the fiance are both processed at the same time and approval and denial are based on the same petition.

Arizona's controversial immigration bill, SB-1070, has had far reaching consequences for many Arizona residents. That includes undocumented victims of domestic violence who are living in Arizona. These domestic violence victims face a legal limbo: while many may qualify for an adjustment of legal status, they fear contacting police to begin the process, as contacting police may actually trigger their deportation.

Foreign Direct Investments (FDI) are defined by the Organisation for Economic Co-operation and Development (OECD) as an operation by which an investor acquires a lasting interest and a significant influence in the management of a firm that is situated abroad. Purpose of this article is to compare difficulties met by a French company willing to invest in Turkey and a Turkish company willing to invest in France, as regards to work permits and visas for expatriates.

The main purpose of this brief information note is to discuss the issue of work and residence permits required for foreigners in order to reside and work in Turkey along with some information regarding permanent immigration regulations.

The author looks at the advantages of immigration to Canada.

Thinking about applying for citizenship, but have a DUI (driving under the influence) or DWI (driving while intoxicated) on your record? In many states it is still possible to become a U.S. citizen even though you have had one (or sometimes two) convictions for drunk driving in your past. One of the requirements for U.S. citizenship is that a person be of “good moral character.”

When a foreigner marries a U.S. citizen and is granted an I-551 Permanent Resident green card, often the card is only good for two years. Why? Because they were married less than two years when the card was issued and the U.S. government wants to monitor their case to see if the marriage lasts. When a two year card is issued, it is called “conditional.”