Archive for January, 2012

Are student visa’s available for Academic Students in grades 9-12?

Immigration, United States Immigration | Posted by Herman Dhade
Jan 30 2012

Are student visa’s available for Academic Students in grades 9-12?

 

Yes.  F-1 Student Visas are available for academic students in high school.  This visa allows you to enter the United States as a full-time student at an accredited college, university, conservatory, academic high school, or other academic institution.  It is not available for persons seeking to enter the U.S. in order to attend a public primary/elementary school or a publicly funded adult education program.

 

The requirements for an F1 Visa for secondary schools:

  •             Secondary School (grades 9-12) visas are limited to 12 months of study;
  •       F-1 Students are required to pay the full cost of education:
  • Costs normally between $3,000 and $10,000;
  •            The F-1 student seeking a visa needs to be proficient in English or needs to be enrolled in courses leading to English Proficiency.

The consular officer will determine whether a student is eligible for an F-1 Visa.  Additionally, the applicants must demonstrate that they properly meet student visa requirements including:

  • The student has a residence abroad, with no intention of abandoning that residence;
  • The student intends to depart from the United States upon completion of course study, and;
  • Possesses significant funds to pursue the proposed study.

To apply for an F1 Visa: the student needs to apply to an SEVP approved school in the United State, and once accepted to the school the student needs to obtain Form I-20 from the school. The next step is to pay the SEVIS I-901 Fee. After paying the fee and receiving a receipt, the student needs to apply for a visa at any American Embassy.

 

Requirement documentation for an F-1 Visa:

  • Form I-20 (which is provided by the school)
  • Online Non-Immigration Visa Electronic Application, Form D-160;
  • A passport;
  • One 2×2 photograph;
  • An MRV Fee Receipt to show payment of Visa Application Fee;
  • The SEVIS I-901 Fee Receipt;
  • Transcripts from previously attended institutions, and;

Financial evidence that shows you or your parents have sufficient funds to cover your tuition and living expenses.

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Benefits and Responsibilities of Citizenship

Immigration | Posted by Herman Dhade
Jan 30 2012

Benefits and Responsibilities of Citizenship

 

Gaining a citizenship to the United States is a great honor.  The status of permanent resident brings with it many benefits with it, but there are a few benefits that only come with citizenship.  The biggest benefit is the ability to show patriotism.  Some of the other rights only for citizen are:

  1. Voting in a federal election (most states also have a citizenship requirement);
  2. Ability to participate in politics and becoming an elected official
  3. Eligibility for federal funds;
  4. Obtaining citizenship for children born abroad;
  5. The ability to bring family member to the U.S. under a priority category;
  6. Being able to travel abroad using a U.S. passport which brings with it the assistance from the U.S. Government.

 

The rights listed above are not all the benefits but they are some of the most important.  However these rights also bring certain responsibilities.  Citizenship through naturalization is difficult to take away but not impossible.  It is important to keep in mind the following responsibilities both before naturalization and after naturalization for one to avoid losing their citizenship.

 

Before Naturalization:

  1. Oath of Allegiance to the U.S. to support and defend the constitution and laws of the U.S. as well as to serve the country when required;
  2. Participate in political process by registering and voting;
  3. Tolerance for differences of others;
  4. Participating in jury duty when called upon to serve.

 

Events that could lead to Denaturalization of a U.S. citizen:

  1. Lying to the U.S. Citizenship and Immigration Service (USCIS) during the Naturalization process
  2. Conviction for an Act of Treason against the U.S.
  3. Serving in your Native (non-U.S.) country’s armed forces as an officer or serving while native country is engaged in hostilities or at war with the U.S.;
  4. Refusal to testify before Congress about your subversive activities;
  5. Holding a Policy level position in a foreign country or a high level administrative position where you make government policy.

 

Again it is important to keep in mind, this is not an exhausted list nor is it easy to take away a person’s citizenship.  A person’s citizenship cannot be arbitrarily revoked.  If you are not sure whether an act will put your citizenship at risk it is important to check with the proper channels before you act.   The USCIS offers many different resources to those who have question about their citizenship.

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Conditional Permanent Residence

Immigration, United States Immigration | Posted by Herman Dhade
Jan 28 2012

Conditional Permanent Residence

An immigrant is classified as holding conditional permanent resident status if they have only been married for a period of less than two years to a U.S. Citizen or permanent resident, when they are granted permanent residence by UCSIS. The underlying purpose of granting these individuals permanent residence on a conditional basis is to satisfy USCIS that the marriage is actually “bonafide,” or in other words, the marriage was not entered into for the sole purpose of obtaining permanent residence, and later, citizenship.

 

The conditional status on the permanent residence of such individuals may be removed in certain instances. Some of these instances include the following:

 

  1. If after two years of conditional status, the conditional permanent resident is still married to the same U.S. citizen or permanent resident;
  2. The conditional permanent resident is now a widow or widower who embarked into the marriage in good faith;
  3. The conditional permanent resident entered into the marriage in good faith, but subsequently received a divorce/annulment from the U.S. Citizen or Permanent Resident; or
  4. The conditional permanent resident entered into the marriage in good faith, but subsequently was subject to domestic violence or was battered.

 

In most instances the conditional permanent resident and the spouse must jointly apply to remove the conditions placed on permanent residency after spending two years as a conditional permanent resident. An application to remove the conditions may and should be filed 90 days before satisfying two years in conditional status. Applying before the conditional permanent resident status period of two years is reached, is essential, as it is the validity period of the green card, and failing to apply to remove the conditions may result in loss of permanent resident status in its entirety, resulting in potential removal from the U.S.

 

In instances where the marriage has failed or for widowers, the joint filing will be waived. In these situations, one may apply to remove the conditions on the permanent residency at anytime, and especially before they are removed from the country.

 

For more information see www.uscis.gov. If you are a conditional permanent resident in the U.S., please contact our office for assistance in applying to remove the conditions on your permanent resident status.

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Naturalization through Military Service

Immigration, United States Immigration | Posted by Herman Dhade
Jan 23 2012

Qualifying members of the U.S. armed forces may be able to expedite the application and naturalization process.  In addition, spouses of members of the U.S. armed forces who are or will be deployed might also be eligible for the expedited naturalization.  IN order to qualify the member must be a part of one of the following branches: Army, Air Force, Navy, Coast Guard, Marine Corps, and certain components of the National Guard and Selected Reserve of the Ready Reserve.  Further the member must be of good moral character, have knowledge of English and of U.S. government and history, and must have attachment by Oath of Allegiance to the U.S. Constitution.  They are exempt from other naturalization requirements such as physical presence and resident in the United States.

 

In order for a spouse to qualify for expedited naturalization he/she must:

  • Be 18 years of age or older
  • Be present in the U.S. pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application
  • Present in the U.S. at the time of naturalization
  • Understand how to  read, write, and speak basic English
  • Understand or have a basic knowledge of U.S. history and civics
  • Establish that his or her spouse is deployed abroad as a service member
  • Be of good moral character
  • Be well disposed to the good order and happiness of the U.S. during all relevant periods under the law.

 

Qualify Family of Deceased Service Members

 

Under certain conditions a family member of a deceased service member may qualify for naturalization.  This option is only available to spouses, children, or parents of a deceased service member.  Additionally the service member must have been a citizen and, must have served honorably on active duty, and was currently serving at the time of the death (or death was combat related).

 

Overseas Naturalization of Family Members

 

Certain eligible spouses and children of service members are allowed to naturalize abroad without traveling to the U.S.  The requirements for spouses and children differ slightly.  For spouses, he or she must:

  • A permanent resident spouse of a member of the U.S. armed forces
  • Be authorized to accompany the service member abroad
  • Be residing abroad with the member in marital union
  • Meet the other requirements for naturalization except for the residence and physical presence requirements

For the children, classified as under age 18, they must:

  • Have at least one parent that is a U.S. citizen or if deceased, the parent was a U.S. citizen at the time of death
  • The U.S. citizen parent has been physically present in the U.S. for at least 5 years, at least two of which were after attaining the age of 14
  • Be residing outside the U.S. in the legal and physical custody of the U.S. citizen parent (if deceased the person in legal custody must no object to the application)
  • Be in temporarily present in the U.S. after having entered lawfully and is maintaining lawful status in the U.S.

 

For more information on naturalization through military service, you can visit USCIS.gov.

 

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USCIS PROVIDES RELIEF FOR CERTAIN VICTIMS OF VIOLENT CRIME

Immigration, United States Immigration | Posted by Herman Dhade
Jan 20 2012

 

Types of Relief for Victims of Violent Crimes

 

If a legal or illegal immigrant is in the U.S. and becomes a victim of violent crime, various U.S. laws exist to protect such victims. Reporting a violent crime to authorities will not render the legal or illegal immigrant removable from the U.S., as they may fear. Eligible legal/illegal immigrants who are victims of violent crime may either apply for a U Visa, T Visa, or self petition under the Violence Against Women Act (VAWA) for Legal Status in the U.S. Thus, legal or illegal immigrants who are victims of violent crimes are strongly encouraged to report the crime to the authorities, and not to fear doing so.

 

The U-Visa

 

Legal/illegal immigrants who are victims of violent crimes may apply for a U-Visa if they are a victim of certain qualify criminal activity, which resulted in the suffering of substantial mental/physical abuse, and they must have reliable and credible evidence regarding the criminal activity. Further, the applicant for a U-Visa must assist/help in the investigation or persecution of the criminal activity.

 

Additionally, the criminal activity must have violated U.S. law. Victims of rape, murder, torture, kidnapping, blackmail, domestic abuse, false imprisonment, abusive sexual conduct, abduction or prostitution, may be eligible to apply for a U-Visa. Victims of certain other crimes may also qualify for a U-Visa. See Immigration Options for Victims of Crimes Brochure at www.uscis.gov. 

 

The T-Visa

 

The T-Visa is available for victims of human trafficking. Victims of trafficking are usually lured by the trafficker by false promises of prosperity and stability in the U.S. Rather, the victim is subject to poor and inhumane conditions. Victims of human trafficking, who suffered severe forms of trafficking may be eligible for a T-Visa if they aid law enforcement authorities in the investigation of and prosecution of trafficking cases. See Immigration Options for Victims of Crimes Brochure at www.uscis.gov. 

 

VAWA Petitioner

 

A spouse, former spouse, child or parent of a U.S. Citizen or permanent resident, who has been victimized by domestic violence at the hands of their U.S. Citizen or permanent resident spouse, may be eligible for relief under the VAWA. Individuals, who qualify under the VAWA, may self petition for permanent residence without the U.S. Citizen or Permanent Resident spouse. VAWA benefits apply whether the victim is male or female. .See Immigration Options for Victims of Crimes Brochure at www.uscis.gov. 

 

If you have been a victim of violent crime and are a legal/illegal immigrant in the U.S., please contact our office, to see if these forms of relief are available to you.

 

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Adjustment of Statuse for foreign nationals married to U.S.

United States Immigration | Posted by Herman Dhade
Jan 19 2012

Can foreign nationals, married to a U.S. Citizen gain legal status after
they have overstayed a visa?

If you are a U.S. Citizen married to a foreign national who overstayed a
visa, it is possible for you to gain legal status for that person.
Adjustment of status is (within a few exceptions) available only to
couples who have combined elements of a U.S. Citizen (not permanent
resident) spouse and a legal entry, and where the spouse is living in the
United States. The spouse of a U.S. Citizen is considered an immediate
relative and there is no priority date, annual quota or big waiting
period.

Adjustment of status is the process by which the status of a person
already in the United States, either on some temporary nonimmigrant visa
or no visa at all, is adjusted to that of a lawful permanent resident
(LPR), or green-card holder.
To file for an adjustment of status, you need to file forms I-130 and
I-485, and attend an interview with the Department of Homeland Security
(DHS). Your spouse will be required to accompany you to the Adjustment of
Status interview. An attorney can also accompany you to the interview.

• This strategy may not work for the spouse of a U.S. Green Card Holder;
• This strategy will not work if the Immigrating Spouse Entered Without
Inspection;
• This strategy will not work for a spouse who has returned to his or her
home country;
• However, there are always other options available.

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Humanitarian Parole

Immigration, United States Immigration | Posted by Herman Dhade
Jan 18 2012

Humanitarian Parole:

The Department of Homeland Security, in its discretion, may allow an alien to come into the United States under parole, when the person otherwise would not be admissible. The standard for parole is usually on a case by case basis for urgent humanitarian reasons. Parole does not confer any permanent immigration status.

Parole may be requested in four situations:

1.) When an alien is requesting admission at a U.S. port of entry (including a land border);
2.) When the alien residing abroad requests parole in advance of entry;
3.) When an alien in the U.S. is needed by DHS for purposes of public interest. ; or
4.) When the alien is (or has been) in the U.S. applying for adjustment of status, enduring                    removal proceedings, or TPS status, and seeks advance permission to return after a
departure.

The two general standards for parole are for emergent reasons, generally referred as humanitarian parole, and for in the public interest, which is generally referred to as public interest parole.  Humanitarian parole is granted in situations where the alien has an emergency situation needing entry into the United States— such as a relatives funeral. Public interest parole is granted when aliens are needing in court proceedings as defendants or witnesses. It depends on the type of parole requested and alien’s condition to where they would file the application for parole.

The application should include:

1. Form I-131 and filing fee in the form of cashier’s check;
2. Complete name, and date and place of birth;
3. Occupation and current address abroad;
4. Relationship to sponsor;
5. Length of time for which parole is sought;
6. Documents which establish items 2-5.

For the sponsor:

1. Complete name, address, and place of birth;
2. Immigration status;
3. Current address;
4. Occupation;
5. Statement of how needs of parolee will be met;
6. Affidavit of support for each prospective parolee;
7. Statement of why a U.S. visa cannot be obtained;
8. Statement of why a waiver of inadmissibility cannot be obtained;
9. Copies of approved visa petitions;
10. Evidence ov relationship between sponsor and prospective parolee;
11. Statement of the emergent reasons why a parole should be authorized;
12. Documents that establish items 1-10.

Citation:

http://www.uscis.gov

Robert C. Divine & R. Blake Chisam, Immigration Practice (2009-2010 ed).

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Options for Criminally Inadmissible to Canada

Canada Immigration, Immigration | Posted by Herman Dhade
Jan 15 2012

Options for Individuals Criminally Inadmissible to Canada

 

Under certain circumstances, a U.S. Citizen may be deemed criminally inadmissible to enter Canada for committing crimes outside of Canada. Grounds of inadmissibility Canada may be found in the Canadian Immigration and Refugee Protection Act (IRPA). Some of the grounds of inadmissibility to Canada include:

 

  • Security
  • human or international rights violations
  • criminality
  • organized criminality
  • health grounds
  • financial reasons
  • misrepresentation
  • non-compliance with IRPA or
  • having an inadmissible family member

(http://www.cic.gc.ca/english/information/inadmissibility/index.asp)

 

One of the most common grounds of inadmissibility is criminal inadmissibility. Grounds of criminal inadmissibility may include being charged/convicted of a drug offense in the U.S., or a having been charged/convicted of a DUI in the U.S. Despite being found criminally inadmissible to enter Canada, mechanisms are available to “overcome” a finding of criminal inadmissibility. Some of these mechanisms include Deemed Rehabilitation, Applying for Rehabilitation, or Applying for a Temporary Resident Permit.

 

Deemed Rehabilitation applies to those found criminally inadmissible for committing crimes outside of Canada, and who have committed a single criminal act or have only one conviction. Further, the offense committed outside of Canada, must be an indictable offense in Canada, not subject to a term of imprisonment of more than ten (10) years. Additionally, ten (10) years must have elapsed since commission of the crime outside of Canada.

 

For those not eligible for Deemed Rehabilitation, Applying for Rehabilitation will abolish the criminal ground of inadmissibility, based on the applicant’s proof that they are no longer susceptible to criminal activity and they lead a steady life. To be eligible to Apply for Rehabilitation, at least five (5) years must have elapsed since commission of the offense outside of Canada, or five (5) years has elapsed since the term of the sentence imposed for the crime committed outside of Canada.

 

Individuals who have committed crimes outside of Canada who are neither eligible for Deemed Rehabilitation or to Apply for Rehabilitation, may apply for a Temporary Resident Permit to enter Canada regardless of their criminal inadmissibility. These individual’s may apply for a Temporary Resident Permit if they establish that they have a “compelling reason to enter Canada. Thus, the individual’s need to enter Canada must “outweigh” the security or health risks to Canadian Society. Approval of a Temporary Resident Permit is not guaranteed, and thus, it will only be granted in exceptional cases and for a specified duration of time.

 

Besides the aforementioned, obtaining a Pardon of your conviction outside of Canada or an expungement, may in some instances clear the ground of criminal inadmissibility, allowing one who was inadmissible to be found admissible to enter Canada.

 

If you are currently criminally inadmissible to Canada, for committing a crime outside of Canada, and are seek to enter Canada, please contact our office to determine the options available for your prospective admission to Canada.

 

http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

 

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New Hotline for Immigration Detainees

Immigration, United States Immigration | Posted by Herman Dhade
Jan 15 2012

New Hotline for Detainees

 

On December 29, 2011, The Los Angeles Times reported a new toll-free number, (855) 448-6903 is now available to detainees held by state or local law enforcement agencies if the detainees “believe they may be U.S. citizens or victims of a crime”.  The hotline will help to ensure detainees know or are informed of their rights.

 

The hotline is in response to recent changes and controversies over programs that allow for local law enforcement to detain people they believe to be illegal immigrants.  “Immigrant rights groups say the program has led to civil rights violations and racial profiling, and such authority has been especially controversial in Arizona.”

 

The president and general counsel of the Mexican American Legal Defense and Education Fund, was quoted stating that the hotline “should have been in place the very first time ICE undertook an expansion of its detainers.”  He sees the hotline as “a positive development,” but “overdue” and “inadequate.”

“Often people who are subject to ICE detainers have no idea why they are being held,” said Saenz, who is based at the national Latino civil rights group’s Los Angeles headquarters. “This kind of step should have been in place the very first time ICE undertook an expansion of its detainers.”

 

The hotline will be offered 24 hours a day, seven days a week, and interpreters will be available in several different languages.  The phones will be answered by U.S. immigration and Customs Enforcement agency (ICE) personnel.  The ICE personnel will be able to refer the detainee to the relevant ICE Enforcement and Removal Operations field office for any immediate action.

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Foreign Students Studying in the United States with a F-1 visa

Immigration, United States Immigration | Posted by Herman Dhade
Jan 15 2012

Foreign Students Studying in the United States with a F-1 visa

 

If I originally entered the United States on a B-2 visitor visa may I adjust my status to a F-1 Student visa?

 

In recent years the rules have tightened for people wishing to adjust their status from a B-2 visitor to F-1 student status.  If a person knows at the time they apply for their visitor visa that they plan to eventually adjust their status to student status they must make their intention know on their application.  However, often when a person is applying for a visitor visa they are not aware of their future plans to become a student studying in the United States.  If this is the case a person in this situation should make it known at the time of entry on their I-94 card their intention to pursue an education in the United States.

 

Can I change schools without having to leave the country?

 

If done properly a student can easily make a change from on school to another or from one education level to another.  The first step the in the process is that the student must inform the old school of their plan to transfer.  The student should be conscious of dates at all time.  The Student must be able to start classes at the new school before the current I-20 grace period expiration, or within 5 months of transferring out of the old school.  The new school will need to issue a I-20 and within 15 days after the new program start date the student contacts the new designated school official (DSO), who updates the student and exchange visitor information system (SEVIS).

 

While studying in the United States may I work?

 

Students studying in the United States under a F-1 visa may seek employment under certain conditions and restrictions.  The 2 most common ways for a F-1 student to pursue employment are:

  1. On-Campus Employment
  2. Off-Campus Employment under Sever Economic Hardship

 

A student may take on an on-campus job before finishing a course of study.  On-campus means either a job on the school’s premises or an off-campus location that is educationally affiliated with the school.  The student will be allowed to work 20 hours a week and the student may work on-campus during school vacations.

 

In order to pursue off-campus employment the student must have completed a minimums of one academic year and must demonstrate “severe economic hardship caused by unforeseen circumstances beyond the student (‘s) control.” (8 CFR 214.2(f)(9)(ii)(C).(D)(ii), and (f)).  Examples of severe economic hardship include, but are not limited to, loss of on-campus employment, fluctuations in value of currency or exchange rates, and increases in tuition or living costs.  The student will need to complete an application package and submit it to the USCIS service center that has jurisdiction over his or her residence.

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