Immigration Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Immigration.
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 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.
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.
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.
Bulgarian Investment Immigration Program: the investment opportunities and the related benefits, fast-track options for acquiring Bulgarian citizenship, the requirements and the process.
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.
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.
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.
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.
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.
Options for obtaining a Labour Market Impact Assessment (LMIA) or LMIA exempt work permit.
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.
Canada and UK are frequently cited as being among the most desirable countries where an entrepreneur would want to start a business.
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.
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.
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).
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.
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.
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.
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.
The number of signed marriage contracts is constantly increasing in Ukraine, what is more, it is growing in the segment of international couples when one spouse is a citizen of Ukraine and the other – a foreigner.
A beneficiary of an approved I-140 petition for the first, second or third preference category may retain the priority date of the approved petition for any subsequently filed first, second or third category employment-based petition.
The process of acquiring a work permit in Egypt can be complicated, but most foreigners must have secured a job long before arriving to Egypt and their employer has to take care of the bulk of the paperwork involved in applying for a work permit. The process can take up to six months.
Cyprus, being an attractive investment and holding jurisdiction, affords a non-Cypriot investor the opportunity apply for the acquisition of Cyprus (EU) citizenship and therefore a Cyprus (EU) Passport, on the basis of specific investment-related criteria, starting from €2,5 million.
Cyprus has implemented recently a scheme for naturalization of international investors in Cyprus by exception. A non-Cypriot citizen who meets the relevant criteria of the scheme may apply for the acquisition of the Cypriot citizenship through Naturalization by exception and adopt all the benefits from it.
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.
Fantastic news for those in the EB-3 category.
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.
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.
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.
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.
When individuals are facing a conviction of a criminal charge, they usually are told by their attorney that they have two choices. They can either plead guilty or go to trial. There are certain risks inherent in making either decisions.
On January 13, a bipartisan group of Senators introduced the Immigration Innovation (“I-Squared”) Act of 2015.
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).
H-1B lotteries to choose professional employees? Is this the best we can do?
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.
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.
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.
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.
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').
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.
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?
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.
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.
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.
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.
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.
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.
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 differences between EB-2 and EB-3 in an effort to alert aliens and employers, and help both seek EB-2.
What employers must know with regards to keeping documentation in H1-B and Labor Certification matters.
The E visa is a non-immigrant or temporary visa. There are 2 main categories of E visas.
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.
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.
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.