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Gay & Lesbian Marriage in Immigration Law

No matter what you think of it, politically, religiously, emotionally, or otherwise, gay marriage is here to stay. As more and more states approve of same-sex unions, the questions about how this will affect immigration law increase.

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Kansas Proposes New Law Allowing Undocumented Immigrants to Work in Agriculture

In Kansas, Democrats are opposing a new proposal that would allow illegal immigrants to work in agriculture.  It may seem ironic, but it actually makes sense. Kansas Republicans have taken particularly hard-line stands against immigration recently and have only put forth this proposal as a way of currying favor with agricultural business interests that need the workers. And Democrats are crying foul.

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What Type of Visa is Right for You?

There are many versions of visas... combine that with so many choices for ways to come to the United States and your brain is likely to be reeling. One can find a multitude of possible visas, and additionally over a dozen other ways get yourself residency in the United States. There are lots of details that will help pick which visa is correct for you. Read on for how to figure out which option is right for YOU!

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Obama to Expand Tourist Visa Program!

By making the Visa Waiver Program (VWP) more extensive, by promoting international tourism, and by improving the non-immigrant visa processing system, the Obama administration feels secure that it can generate one million new jobs. The White House initiative is geared towards enticing tourists mainly from China and Brazil; they plan to increase visa processing volume in those fast-growing countries by 40% this year.

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Proposal to Allow Waivers to be Processed in the US!

In the beginning, undocumented immigrants in the US usually enter lawfully as visitors and then lose their status by overstaying. There are also those who entered without valid visas or used the wrong visas and now find themselves in illegal status and these persons are of a significant number. Most opt to stay for family unity, but there are numerous persons with varied reasons. On 6th January, the US Department of Homeland Security (DHS) published a proposed new policy that will make the process of obtaining their green cards a bit easier through waivers of bars to re-entry generally ranging from three to ten years.

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9th Circuit Stops Deportations: Obama's New Immigration Law in Action!

We've all been wondering what the real effect of President Obama's new immigration law would be.  We have previously explained that this law is NOT an amnesty, but it does benefit many illegal immigrants by making them a low priority for deportations.  ICE has been urging its prosecutors to exercise prosecutorial discretion and to give these immigrants deferred action, to administratively close their cases, or just not to pursue the cases in the first place.  Now we are finally starting to see some real results.

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What to do when your Criminal Attorney gave you Bad Advice

I privately handle cases and sometimes I come across interesting ones. I will be sharing some of these scenarios with you so you can benefit from them as well. Recently, I came across one case where my client has a very bad criminal conviction but he made a guilty plea because his criminal attorney told him to, without warning him that this might result in his green card being taken away.

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The Citizenship Interview

To apply to become a naturalized U.S citizen, each applicant has to appear for a citizenship interview with immigration officials. After submission of the naturalization application, within several weeks you will be called for biometrics. You will also be notified on when you will be required to appear for the interview.

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Anti-Immigrant Sentiment is Really Racism

Being a racist isn't very politically correct.  You won't get a lot of support (and you'll likely get a lot of anger) if you walk around saying, "I hate Latinos."  But when you say, "I hate immigrants" that is essentially what you are saying.  It is a sad fact that today anti-immigrant sentiment is synonymous with anti-Latino sentiment.

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Arizona as an Example: The Effects of Deportation versus Legalization of Illegal Immigrants on the Economy

Debate on immigration reforms is becoming a contentious issue among legislatures, town councils, and city halls because of the political deadlock at the federal level. The debate is most contentious in Arizona where in April 2010, the state legislature sought to remove every undocumented immigrant by passing the S.B. 1070. This law was designed to eliminate all the undocumented immigrants by enforcement of the public policy of all local government and state agencies in Arizona.

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Immigration Creates Jobs: Why H-1B Visas Are Good


During the 19th century, the powerful nations around the world fought amongst themselves because of limited natural resources and territory, trying to obtain colonies in the developing nations, coal, and iron ore. Today, the struggle continues, but countries are fighting each other for skilled workers, such as engineers, IT experts, and scientists.


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Benefits of Immigration

According to a report by a commission in immigration, immigrants have had a positive effect on the economic development of the state of Maryland.  Many studies try to focus on a wider spectrum, examining the effects immigrants have on the entire USA, but it is also helpful to look at smaller areas, such as a single state, to really see the impacts firsthand.

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Maintaining your Green Card

Once you acquire your green card, you need to fulfill a number of conditions in case you want to maintain it. First, you should not go against immigration laws or commit criminal offences. This includes the law of notifying the immigration department of your change of address within 10 days. You must also not abandon the United States.

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Recently, there have been certain countries changing international adoption laws and the Congo is one of them.  In May 2011, the Director General of Migration in Kinshasa informed the U.S. Embassy there that there would be amendments in regulations. The Democratic Republic of Congo now wants to compel potential adoptive parents to go to the Democratic Republic of Congo, and pick up the adopted children so that exit clearance may be granted. However, this change has yet to become official.

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Immigration and Customs Enforcement (ICE) Starts Concluding Deportation & Removal Cases

Recently, ICE gave out another new memo on a policy that directed that cases on immigration be revised by the lawyers of the agency, while at the same time ensuring that the cases that were not urgent (in their discretion) were finalised. To accomplish the first phase, the lawyers at the district offices of the ICE were directed as per the memo to start revising new deportation cases with immediate effect. Beginning on the 4th of December and continuing through to January, a trial program is being implemented to revise any outstanding deportation or removal case. The program will begin with the immigration courts in Denver and Baltimore, then hopefully spread quickly to other major areas.

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Which Type of Visa is Best for Me?

There are numerous different kinds of visas together with so many choices for going to America that your brain is probably spinning. There are actually literally a plethora of potential visas, in addition to over a dozen other methods to get yourself residency in the U.S.A.. There are a few criteria which will help determine which visa is the best for you.

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A Review of How to Research for an I-601 Extreme Hardship-Based Waiver for Unlawful Presence

We have previously discussed on this blog about I-601 waivers for unlawful presence. We’ve discussed what unlawful presence is, that an I-601 is the type of waiver you need to get, how to apply for this waiver, what extreme hardship is, what happens in the I-601 extreme hardship waiver process, and how to prove extreme hardship. We have also explained how to go about doing research for your I-601 waiver application. Now we will do a brief review.

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California DREAM Act Part 1 Went Into Effect Last Week

Many illegal immigrants, who came here a decade ago or more, came with their children. Those children are now growing up and they want to further their educations. We have previously discussed the DREAM Act on our blog, as it is the proposed law that would allow students who were brought to the US as children, then raised here, to pursue their higher level studies as long as they don’t have any criminal history. They might even one day receive amnesty and get lawful status here. Unfortunately, this hasn’t happened yet. As a result, some states, California among them, have decided to enact sections of the DREAM Act on their own.

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Michigan Governor Supportive of Immigration

With more and more states implementing anti-immigration legislation, it is a relief to know that the entire country has not gone mad with xenophobia.  Michigan may prove to be the exception to the anti-immigration rule.  Governor Rick Snyder recently voiced his strong support for legal immigration and has said that he will propose some changes to national immigration law.

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The Moral Character Requirement for Naturalization

The most important factors considered when applying for naturalization (US citizenship) is if the person is of acceptable moral character. One is not considered to be of good moral character if he or she committed certain types of crimes within the five years prior to the filing of the citizenship application. Lying during the interview could also result in the rejection of one’s application for naturalization.

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E-Verify Program: How It Works & the Pros and Cons

Employers in all states can use E-Verify to verify that new employees are allowed to work in the USA. The web-based program previously known as the E-Verify “basic pilot” is voluntary. The United States Citizenship and Immigration Services (USCIS) is in the process of making the program mandatory for those who want to extend Optional Practical Training (OPT) for their F-1 student employees.

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Recent Shooting at ICE Highlights Problems in US Immigration System

The media has been abuzz with news of last week's shooting at an ICE office in California.  In case you haven't been keeping an eye on the news (or have been living under a rock), during a performance review one ICE supervisor shot his boss a bunch of times before a colleague ran in and shot and killed him, in turn.  If ICE is shooting ICE like this, what does that indicate for treatment of immigrants?

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Assistance for Disabled Immigration Applicants

The United States Citizenship & Immigration Services (USCIS) gives disabled applicants equal access to all its programs, facilities, and activities. Accommodation is provided depending on the person’s disability. There is also the modification of the practices and procedures to allow disabled applicants effectively participate in the process of immigration.

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Maintaining your Green Card

Once you acquire your green card, you need to fulfill a number of conditions in case you want to maintain it. First, you should not go against immigration laws or commit criminal offences. This includes the law of notifying the immigration department of your change of address within 10 days. You must also not abandon the United States.

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In several countries, immigration laws are changing as regards international adoptions. One of the countries with the greatest changes is Ukraine.  With upcoming revisions to the Ukrainian Family Code, adoptions in Ukraine are expected to undergo major changes. The new revisions require that orphans be entered in the central adoption registry for at least a year and that they should be 5 years old to qualify for inter-country adoption. Strictly saying, no child below 5 years old would be qualified for adoption by any American nationals except in cases where the child has special needs, or if its sibling has also been adopted.

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I'm always very sorry when I hear from someone that their US tourist visa was denied.  They usually want to come to the US to visit family or friends, to attend an important business conference or lecture series, or simply to tour around and see our magnificent country.  Yet, all too often, people who are not from Visa Waiver Program (VWP) countries are denied. Why?

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Many people are very involved with their religions, which is something the US government views positively on an application for a green card or for naturalization (citizenship).  It reflects strength of morals and values.  If you are very involved with your religion, you may decide you want to go on a mission trip while you have your green card.  If that mission trip will be a long-term trip, you may need to file a form to preserve your physical presence in the US so the "clock" for naturalization (5 year physical presence requirement) will not restart when you return, but will continue the entire time.

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Which Visa is Best for Me?

There are plenty of kinds of visas and so many options for coming to the U.S. that your mind is likely to be spinning. There exist literally dozens of potential visas, along with more than a dozen other methods to receive methods to receive lawful permanent resident status. There are particular issues that will help select which visa is appropriate for you.

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Merry Christmas from ImmigrationAmerica.org!

Today we are wishing all of our Christian friends a merry Christmas from ImmigrationAmerica.org!

Remember that Christianity only exists in the United States today because of immigration.  Even the first British, Spanish, and French settlers on what is now US territory were immigrants.  These immigrants brought Christianity with them and established it as the main religion of the land!  If you are Christian, you have immigrants to thank for it!

Let's show our Christmas spirit by giving the gift of the American Dream to others from around the world. Write to your Congressman today to request that the Christian values of mercy and charity be shown to those immigrants who want to come to the United States and work hard.

Wishing you a merry Christmas from ImmigrationAmerica.org!

 

What is Prosecutorial Discretion in Immigration Law?

Definition of Prosecutorial Discretion

The offices of Immigration and Customs Enforcement (ICE), as well as state lawyers dealing with immigration (generally called Trial Attorneys or “TAs”) have been empowered to apply their best judgement in determining the order in which they will handle cases. This is what is referred to as “prosecutorial discretion.” Such an empowerment means the offices of the ICE do not have to give all cases similar treatment, as they can decide on the cases that need to be prosecuted first and the ones that can be handled later. This means a low-priority case, such as the case of someone who has no criminal record, but has simply overstayed a visa, could be put on hold – even for years – allowing time for immigration reform, the DREAM Act, and maybe even some form of amnesty to come to be laws.

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A New Initiative Proposed by Fuentes is Aimed at Assisting Immigrants

Finally, someone has realized that undocumented workers are the key to fixing the United States’ broken economy. An assemblyman based in the San Fernando Valley of California came up with an initiative that would allow those who worked without any legal work permit to remit income taxes to the state and to allow them enjoy more tolerant immigration laws.

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Georgia Immigration Law Legal Update

In May 2011, Georgia passed a new immigration law that caused it to join the likes of Arizona in its “take matters into your own hands” anti-immigration stance. Earlier this month, a new law went into effect, requiring businesses to use E-Verify to check whether employees have proper documents to work, and requiring state agencies that provide social benefits to check verifiable ID to make sure only legal immigrants and citizens are receiving benefits. Here is a brief legal update on what has happened, is happening, and will be happening in Georgia immigration law now:

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What to do if your Husband or Wife is an Immigrant Living Illegally in the United States: How to File an I-601 Waiver Part 3

The last couple of days, we have been examining what you must do if your husband or wife has accumulated unlawful presence in the United States. This means that either your husband/wife stayed longer than their visa allowed by more than 180 days, or it means that he/she entered the United States illegally. In that case, you have to file a special I-601 waiver with your application to sponsor him/her based on your marriage.

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Homeland Security Secretary Janet Napolitano Requests Immigration Reform

You know the system is really broken when the person who is the head of that system calls out for change.  Recently, Janet Napolitano, the Secretary for the US Department of Homeland Security (DHS) made a statement that United States immigration laws are "sorely outdated and in need of revision."  If even the head of DHS is saying that, it must certainly be very true!

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How to Qualify for an E-2 Visa

E-2 visas are a great option for anyone whose entrepreneurial spirit inspires them to move to the US to start a business. Check to make sure the United States has a treaty of commerce and navigation with your home nation so that you qualify to apply for an E-2 visa. You should also be sure you are coming to the United States to start up (or grow) and run a business you have invested in or in which you are currently investing.

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Latino Immigration to the U.S.

President Obama’s tough immigration policies coupled with the worsening American economy have had the effect of completely eliminating the number of migrants coming to the US from Latin American states.

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Maintaining your Green Card

Once you acquire your green card, you need to fulfill a number of conditions in case you want to maintain it. First, you should not go against immigration laws or commit criminal offences. This includes the law of notifying the immigration department of your change of address within 10 days. You must also not abandon the United States.

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Lately, there has been a change in Americans’ interest in adopting foreign nationals.  Three nations — Mexico, Ukraine, and the Congo —have come out with new edicts that make adoption more restrictive and are expected to cut down inter-country adoption. Over the next few days, we'll explore each individual country in-depth.

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Yesterday, we explained why it is so hard to get a tourist visa to the USA.  It is because so many people come to the US temporarily but then stay permanently, overstaying their visas illegally.  But with the right preparations, you can increase your chances of getting a tourist visa to the United States!

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Interviews with Immigration Officials: Here is How You Can Prepare

There exist various types of interviews with immigration officers, including a interview at the American consulate, a naturalization interview, an asylum interview, or a spousal interview. Typically the official doing the interview is going to ask completely different types of things at every one of the aforementioned wide variety of immigration appointments and so you might need to deliver many different types of records and documents. But nevertheless, there are certainly numerous straightforward tricks pertaining to ways to be prepared the best to go to an immigration interview as a general rule. Knowing the way to get ready to attend one immigration interview, you can do well in any kind.

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Highly Skilled May Wait Less for Visas

In what is considered to be a rare instance where Republicans and Democrats work together on the heated topic of immigration, the House of Representatives have recently passed legislation which introduces amendments to the visa system so that more Chinese and Indian immigrants who are highly skilled can attain legal permanent residency (LPR) status.

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Happy Chanukkah from ImmigrationAmerica.org!

To all of our Jewish friends who are right now in the middle of their 8-day Chanukkah celebration, happy Chanukkah from ImmigrationAmerica.org!

The Jews are a people who have been persecuted and chased out of almost every country of the world, but never in America! America is a land of opportunity and dreams, which is precisely why so many people want to immigrate here.  As we think about the meaning of Chanukkah, which is having the right to observe one's own religion, we should be very grateful for the religious freedoms we have here in the USA!   If you are Jewish or you know someone who is Jewish, remember that it is only because of immigration to America that Jews came to be here, free from persecution and hatred.  America is a land that welcomes all religions!

So in the spirit of Chanukkah, let's embrace immigration!

 

What is Deferred Action in Immigration Law?

Definition of Deferred Action

Once the courts rules that a person be deported or removed, Immigration and Customs Enforcement (ICE), and not the Immigration Judge, can still choose not to carry out that directive – or they can even choose not to start the process of the removal of that person at all. This is what is normally referred to as “deferred action,” and it is exactly what President Obama has recently directed ICE to do for certain qualified immigrants. ICE can still carry out deferred action even after the judge’s decision to deport someone. Such a person will then acquire deferred action status which will allow them to submit an application to obtain a work permit and consequently obtain permission to work - legally. A recent memo drafted by ICE explains and supports ICE’s decision to allow deferred action. Deferred action status is usually given for approximately 12 months, although that is not always certain. However, some immigrants can renew their deferred action status before it expires.

If you are currently in removal proceedings, you should consider asking the Department of Homeland Security (DHS) Trial Attorney (TA) to consider granting you deferred action.

 

In Georgia, Get Ready For a New Immigration Law to Come into Effect on January 1, 2012!

This New Years, there are some people who won’t be celebrating. Those people are immigrants and employers alike, located in the state of Georgia. As of January 1, 2012, they will be expected to phase in some new portions of Georgia’s new immigration law.

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What to do if your Husband or Wife is an Immigrant Living Illegally in the United States: How to File an I-601 Waiver Part 2

Yesterday, we explained who would need an I-601 waiver for unlawful presence. If your husband or wife entered the United States illegally, or if your spouse stayed longer than their visa allowed (by more than 180 days), you will need to apply for a special waiver when you file the marriage petition. As we said yesterday, the first step to take is to file the marriage petition. Here is what to do next:

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How to Get an H-1B Visa After the Cap is Reached

H-1B visas are one of the categories of working visas with an annual limit.  For the 2012 fiscal year, the cap was reached by November 22, 2011.  Employers wishing to sponsor an H-1B worker before the 2013 applications open up on April 1, 2012 (for an October 1, 2012 start date) may feel like they are out of options. But they are not. If you want to know how to sponsor an employee after the H-1B visa cap is reached, here are some ideas!

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How will Hispanics vote in the upcoming presidential election?

Immigration moves in waves and the most recent wave of immigration has been primarily Hispanic.  Once upon a time, German immigrants made a big difference in America, then it was the Italians, it was the Irish, it was the Asians. Now it is the Hispanics.  And as a bloc with more and more voting power, politicians are flirting with Hispanic voters in the best way they know how... but the ultimate question is, how will the Hispanics vote and why?

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Preparing for the Immigration Interview: The Dos and Don’ts

An interview with an official from the U.S. Citizenship and Immigration Services (USCIS) is one of the many criteria of the immigration processes. Only some of the procedures actually require an interview, not all. However, most do, so it is important to be prepared. Here are some of the top “Dos” and “Don’ts” during an immigration interview.

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Maintaining your Green Card

Once you acquire your green card, you need to fulfill a number of conditions in case you want to maintain it. First, you should not go against immigration laws or commit criminal offences. This includes the law of notifying the immigration department of your change of address within 10 days. You must also not abandon the United States.

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Recently there have been some changes to international adoption laws in certain other countries, one of which is Mexico. Families who are thinking of adopting kids from Mexico need to keep in mind that there are major upcoming changes. The Mexican Central Authority (MCA) gave the U.S. Central Authority information that it will grant authorization to Hague-accredited Adoption Service Providers (ASPs) in the U.S.

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I often hear people complaining that it is incredibly hard to get a tourist visa to the United States.  They want to vacation there or to attend a business conference, but the tourist visa simply is not issued.  Why?

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 Bravo to the New Yorker magazine for its cover this week!  This just serves to remind us all that no matter how far back our roots go, unless every single one of our ancestors was a Native American, we are all descendents of immigrants.

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More Information About the O Visa For Artists & Others With Extraordinary Abilities

Performers and artists have several immigration alternatives at their disposal, courtesy of United States immigration law. The O-1 visa, also called an O visa or even ‘Artist Visa’ is among the alternatives given to them. The O-1 Visa is specifically for people who are astonishingly excellent (called having an “extraordinary ability”) in the arts, sciences, trade, education, or even sports. Also included in this category are those who have proven both in the past and in the present, all over the country and the world, that they are impressively successful in either producing motion pictures or even in the television industry, even to the point of winning awards!

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How can I make sure I am successful in my immigration court case?

Earlier this year, we did a series of tips on how to succeed in immigration court. If you have an immigration court case coming up, please make sure you review these tips. They will help you have a successful immigration court case!

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Rep. Clarke Accuses Alabama of Taking Immigration Law to the Extreme: “Just A Step Below Apartheid”

The forceful policy on immigration being implemented in Birmingham, Alabama drew the attention of around twelve lawmakers, including Rep. Yvette Clarke (D-Brooklyn), who went there to witness its effects on the state.

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What to do if your Husband or Wife is an Immigrant Living Illegally in the United States: How to File an I-601 Waiver Part 1

Under normal circumstances, when someone who is a citizen of a country outside the United States but is lawfully in the U.S., also referred to as a non-immigrant, gets married to a citizen of the United States, an I-601 hardship waiver is not required. “Adjustment of status” is the name given to this procedure involved in getting a green card. The United States Citizenship and Immigration Services (USCIS) is in charge of this.

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Immigration paranoia has gone too far: Americans Are Being Arrested!

Obama’s administration has long had the goal of finding and arresting illegal immigrants. But that program is facing a lot of criticism from civil rights activists and immigrant groups. The groups claim that US citizens are being arrested and detained in the program. A brief increase in the federal government's immigration crackdown has led to unforeseen consequences.

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Weighing the Benefits & Disadvantages: A Look at E-verify Pros & Cons

E-verify is a voluntary program that enables employers to validate personal identification information provided by employees. The program checks if the information presented by the employee matches with the Social Security Administration’s (SSA’s) information. The program can be used via phone or online, which supposedly enables employers to access E-verify easily without any extra cost.

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Most Illegal Immigrants DO Pay Taxes – but do NOT Benefit From Them

There is a general delusion that illegal immigrants do not pay taxes. However, the Social Security Administration (SSA) has new figures that show otherwise. According to the SSA’s earnings suspense file, in which they keep a record of the wages that do not correspond with actual names and numbers in their system, most of the taxes paid into the system will likely never be returned to these workers. It was reported in 2009, which is the last year that figures were readily available, employers accounted for $72.8 billion taxes paid for 7.7 million workers who did not correspond to legal Social Security Numbers (SSNs). Just before the recession, in 2007, it got to a record high of $90.4 billion earned by 10.8 million workers. Some of these were legal workers who made errors in filing their paperwork, but most are believed to be illegal workers who did in fact pay their taxes.

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More than 60,000 students raised in the United States who are qualified for the DREAM Act’s benefits graduate from high school annually. Included in this list are US Soldiers, doctors, aspiring teachers, talented artists, star athletes, honor roll students, and homecoming queens. These are people who have lived in the US for most of their lives, perhaps the entire life they remember, but yet face adversity when it comes to attaining higher education. Because of their undocumented immigrant status, they have to pay higher fees, are unqualified for loans, and are unable to get proper documentation such as a driver’s license or a social security number. Such conditions may hinder them from working legally to pay for their tuition, and may cause some to resort to criminal activities. In most scenarios, they don’t even get to enter college at all.

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Maintaining your Geen Card

Once you acquire your green card, you need to fulfill a number of conditions in case you want to maintain it. First, you should not go against immigration laws or commit criminal offences. This includes the law of notifying the immigration department of your change of address within 10 days. You must also not abandon the United States.

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Well, I went ahead and got married today.  No fanfare, just my parents, my husband, and I.  It wasn't really a big deal because we already had our wedding almost a year ago.  But because it was a religious ceremony and it was overseas, it wasn't registered in the US, so we went through the formalities here, too.  It is possible to have a foreign marriage recognized, but in our case this was just faster, easier, and cheaper!

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A lot of people have been saying Comprehensive Immigration Reform (CIR) is dead. And although President Obama’s Comprehensive Immigration Reform package may never go through in its original form, an immigration reform package of some description will need to be passed soon – and until it is, it will continue to be one of the most important topics in politics today.

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Recently, a Latina woman took serious offense when I referred to immigrants as “aliens.”  She informed me that she’s not from Mars (I never thought she was…) and even tossed a personal insult my way.  This anger seems to be quite misplaced, since, after all, I am an immigrant rights’ activist, and so am obviously not interested in insulting the people I’m supporting, representing, and fighting for every single day.  Yet, I have to wonder seriously and honestly – is it okay to call an immigrant an “alien” or is that a negative word?

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Immigration and Customs Enforcement (ICE) have advised that the amount of trafficking and crime victims applying for special visas has considerably increased. According to U.S. Citizenship and Immigration Services, in excess of thirteen thousand (13,000) crime victims have applied for the visas in the first 3 quarters of this financial year, an increase of at least twenty eight percent (28%) from the previous year. These statistics also show that about eight hundred and sixty (860) trafficking victims have applied, which is a fifty one percent (51%) increase.

 

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Immigration Court Tip #10: Prepare Well for Your Immigration Court Case – Hire the Best Immigration Attorney You Can Afford

We have reached the tenth and final tip in our series of hints on how best to succeed in immigration court. It is probably the most important one!   You should always hire the best immigration attorney you can find to represent you in immigration court.

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Although issuing working visas and green cards to highly educated and innovative foreign entrepreneurs sounds like the kind of immigration plan everybody should agree on, increasing quotas on these visas hasn't happened yet.  And although plans are in the works to reduce wait times for specialized worker green cards, it hasn't yet been put into practice.  So now employers are taking matters into their own hands.

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Alabama’s Search for Illegal Immigrants Is Catching Legal Immigrants, Too

Since Alabama introduced its new, tough immigration laws just a few months ago, legislators have taken advantage of the new rules by frantically looking for illegal immigrants with the sole aim of ensuring that they leave. However, they are not bothering to take into consideration that other people are also being affected and hurt by what they are doing. This is bringing about chaos and confusion all over the state.

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How to Research for an I-601 Waiver based on Extreme Hardship

If you’re reading this, it is likely that the main reason why you are visiting this site is because you are planning to apply for an inadmissibility waiver and you require information on the procedures involved as well as the type of documents that will be required from you. If you are considering filing an I-601 waiver, this means that your spouse has come to the United States and overstayed a visa, or that your spouse entered the United States illegally. Because of this unlawful presence in the US, they will need a waiver or they cannot get their green card.

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When it comes to State Immigration Laws, Confidence is Misleading: Don’t Trust the Supreme Court

Arizona’s appeal of the injunctions levied against its immigration laws is rapidly approaching. Arizona, which had led the country in its anti-immigrant laws, appealed to the US Supreme Court in hopes of receiving a ruling in its favor. And in spite of all the federal courts striking down state anti-immigrant laws, Arizona might just win this one.

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Economic Advantages of Immigration

The Congress is contemplating implementing major immigration reforms. This will, to a large extent, allow employers to hire more immigrant workers to fill some of their unique positions. There are a number of reasons regarding why immigration is important for the U.S. economy. Leone Sequeira, assistant Secretary of Policy, Department of Labor in the United States articulated the impacts of immigration to the United States economy during one session of the House of Representatives. Some of his major points included:

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Maintaining your Green Card

Once you acquire your green card, you need to fulfill a number of conditions in case you want to maintain it. First, you should not go against immigration laws or commit criminal offences. This includes the law of notifying the immigration department of your change of address within 10 days. You must also not abandon the United States.

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The experts, who range from liberal and conservative to libertarian, all warn that the electronic employment verification system E-Verify will be used for more than just immigration purposes once a bill to make it mandatory for all employers is passed, the issue being not so much what is in the bill, but what has been left out. E-verify has been going through a lot of changes recently, with Congress debating its pros and cons, including adding driver's license data to its database.  But its evolution is nowhere near complete.

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Immigrants have brought a lot of really amazing things to the United States. This country is great because of what the peoples of so many cultures have contributed. One of those things that we would not have in America today without immigrants is the fun holiday of Halloween, which we celebrate tomorrow!

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There are various different kinds of visas and also so many options for coming over to the United States that your mind is likely to be spinning. There exist dozens of possible visas, along with more than a dozen different methods to receive lawful permanent resident status. There are many different factors which will help you pick which visa is the best for you.

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Immigration Court Tip #9: Make Sure Your Address on File with the Immigration Court is Correct

We have reached the next-to-last tip in our series of ideas on how best to succeed in immigration court. Today’s tip is to make sure your address is correct. This may seem like a simple little thing, but it can be very important!

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President Obama’s Immigration Enforcement Has Been Successful

Many critics of immigration reform and amnesty are pushing for states to enact their own laws. Under the Constitution of the United States, states are not just allowed to take these matters into their own hands. However, supporters of these laws claim that the federal government is not doing its job in enforcing federal immigration laws. They could not be more wrong.

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Unlawful Presence Part 4 – How do you get an I-601 Hardship Waiver? What Happens in the I-601 Hardship Waiver Process?

The Immigrant Visa application process includes a myriad of steps. The first step for most people is to file a US marriage petition, called an I-130, in conjunction with supporting proof of the validity of the marriage. The marriage will then be reviewed by the United States Citizenship and Immigration Services (USCIS) and approval of the I-130 is processed. Once this process has concluded, the next step is that the case will be forwarded to the National Visa Center (NVC), which will then request additional documents to assess if the foreign national is eligible. At this point they case will be sent on to the US Embassy in the native country of the applicant.

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The Benefits of International Adoptions: The Adoption Tax Credit

The 2011 tax year has long ended and it is now time to think about filing taxes, yet again. The 15th day of April - also referred to as “Tax Day” - will no longer bring fear to parents who have adopted children. This will be the case scenario for a number of years to come. A high number of people have the option of not having to incur a certain degree of expenses relating to adopting children because of the existence of the Federal Adoption Credit.

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How to Find a Reliable Immigration Attorney for Cheap

There are quite a few qualified immigration lawyers that you can consult for help with your immigration problems. But how do you know if they are really any good? Some people will lie and say they are attorneys when they are not. Or they might be attorneys but they do not have immigration experience. These people could really hurt your case. Click HERE for information on how to choose the right immigration attorney. Read on for some additional tips in case you do not have much money to hire an immigration attorney:

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Removing Conditions on Your Residence

If you got your green card by marriage to a US citizen or arrived in the USA on a K1 visa, you will have received a conditional permanent residence card, which is a sort of temporary green card.  It is only valid for 2 years. When the 2 years runs out, your status as a permanent resident also expires, and you could even be subject to deportation. If you want to keep your permanent resident status, you have to file Form I-751 to remove conditions on your green card. You must do this 90 days before your conditional residence status expires. Once your application is approved, your conditional permanent resident status is replaced with a full green card that is valid for the next 10 years.

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Recently, I was asked if it is possible to change an H2b to a J1 once in the United States.  Yes, it is possible to change your status from an H to a J while in the US - in fact, it's possible to change almost any non-immigrant visa to a J1 once you're already in the US.  Here's how!

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In most of the interactions I have with people who are against immigration in general or against amnesty or the DREAM Act in particular, the one thing that strikes me most is how people seem to view all immigrants as just a number.  "There are millions of them," people will say.

I don't see it that way.  I see each human being as precious, each life as a world.  That's why I founded ImmigrationAmerica - to help each person find their own path, their own way to get papers legally, so they can live their dreams.

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We here at ImmigrationAmerica.org are wishing you all a safe and happy Halloween!  

You can visit our post from yesterday to learn how Halloween is a holiday that was introduced to America by immigrants. We have so much to thank immigrants for, including this fun festival!

So everyone enjoy your holiday and try to avoid any offensive costumes.

Happy Halloween from ImmigrationAmerica.org!

 

Frequently Asked Questions About Maintaining H1B Visa Status

After obtaining an H1B visa, ensure that you retain the H1B visa standing that you have already acquired. Below are some of the most common questions people ask about maintaining their H1B status:

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Utah Joins Arizona and Alabama in its Anti-Immigration Policy – and Gets Sued for it by the Federal Government, too

Add Utah to the list of states least pleasant to visit if you’re an immigrant or an immigrant rights’ activist. HB 497 is based on Arizona’s SB 1070. It’s most controversial clause is the requirements that police and law enforcement officials check the immigration status of every person they legally encounter in the course of their jobs. Although that clause has an injunction, a restraining order, against it now, the US Federal Government is stepping because this law infringes on areas of federal jurisdiction.

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Immigration Court Tip #8: Don’t Bring Your Friends to Immigration Court

Yesterday, in our series of tips on how to succeed in immigration court, we reminded you not to bring your small children to court with you. Today’s advice is not to bring your friends with you, either.

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The Presidential Candidates’ Positions on Immigration

Today we will analyse what the candidates’ previous positions on the issue of immigration were – and what they are now, based on recent debates and position statements. Hopefully for you, as for us here at ImmigrationAmerica.org, immigration is one of your most important voting issues. As we head into 2012, let’s make this one of our top political priorities!

 

 

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Unlawful Presence Part 3 – What is the I-601 Waiver and How do you Qualify for the I-601 Waiver? What is Extreme Hardship?

In order to re-enter the US by attaining a waiver of unlawful presence, you must show great and unusual hardship to your spouse who is a US Citizen (USC) or Lawful Permanent Resident (LPR) or even the son or daughter of a USC or LPR. It is important to note that before April 1, 1997 unlawful presence may not be considered for inadmissibility.

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TSA Expedited Screening Pilot Program

As of the 4th of October 2011, a screening pilot program was launched at The Hartsfield-Jackson Atlanta International Airport by the Transportation Security Administration (TSA). The program was also launched at the Ft. Worth International Airport, the Miami International Airport, and the Detroit Metro Wayne County Airport. The people eligible for taking part in the program need to be U.S. citizens and be members of the Customs and Border Protection (CBP) Global entry, SENTRI Trusted Traveler Programs and NEXUS.

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How to Renew Your Green Card

If you have a green card, otherwise known as lawful permanent residency in the United States, you should be aware that it is only valid for 10 years. After these 10 years, you must renew your green card. It is a fairly easy process.

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As if the HALT Act wasn't enough.

Now Rep. Robert Goodlatte has proposed a billed called SAFE, standing for the Security And Fairness Enhancement Act.  The main goal of the bill seems to be to wipe out the diversity visa lottery, which is, to put the sad truth out there, incredible UNfair.

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Last year we did a series on how to successfully get a non-immigrant visa. I thought it would be useful to take another look at these tips.  They are very helpful and if you are applying for a non-immigrant visa of any sort they will really help you!

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I hate the phrase "illegal alien."  It is incorrect, inhumane, and completely misleading.  There are hundreds of thousands of people out there who really think there are millions of people in the United States right now who are "illegal."  So what does this phrase really mean?

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Not long ago, at the President’s Council on Jobs and Competitiveness in Pittsburgh, U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas announced the introduction of a new program called “Entrepreneurs in Residence.”  This is a program designed to help foreign entrepreneurs by improving the way USCIS interacts with them.

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The damage done to Arizona’s economy by its immigration laws, Senate Bill (SB) 1070 and the Legal Arizona Worker’s Act (LAWA) of 2007, is no secret.  We’ve previously addressed on ImmigrationAmerica.org just the kind of economic damage these laws can do.  Their goal is to force undocumented immigrants to leave the state by heavily punishing employers who hire them. If immigrants can’t get jobs, they can’t survive and must leave.  Thus, these laws have been effective in their aim of chasing immigrants from the state… but they haven’t been so kind to Arizona’s economic recovery.

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Mercedes-Benz Executive Arrested Under Alabama’s Immigration Law

Alabama’s harsh new anti-immigration law has been hurting businesses ever since it was voted into law. However, this has been brought to a new level with last week’s arrest of a visiting German Mercedes-Benz executive.

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Unlawful Presence Part 2 –What are Waivers and What Waiver do you need for Unlawful Presence?

Unlawful presence is only prompted when someone leaves the US. On entering the country legally, on an expired visa, or marrying a US Citizen, you would not have a problem with Unlawful Presence.

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NEW: DHS Advocate for Immigration Complaints!

If there's one job I wouldn't want, it's the job senior Immigration & Customs Enforcement (ICE) adviser Andrew Lorenzen-Strait just got.  Lorenzen-Strait was just appointed to a newly-created post as a public advocate to answer immigration questions, complaints, and concerns.  This is the Department of Homeland Security (DHS) response to all of the recent policy and procedural changes taking place within the nation's immigration system.

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What Will Happen During the Entire Green Card Procedure

The system of getting your own green card for America is remarkably complex and therefore so long as you are lacking familiarity with the green card procedures, the green card procedures actually are just a bit aggravating. That will likely be your situation as long as American English isn't one's first language. The existing green card process will often vary to some degree based on the category of green card you are getting. A great number of immigrants are always making the effort to get some type of green card through their company or by being married; however, there are alternate ways, like through the green card lotto, investments, or perhaps submitting an application for asylum.

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The tenth and final tip in our series on how to successfully get a non-immigrant visa is to explain all your ties to your home country.  The consular officer who does your non-immigrant visa interview will assume that you intend to go to the US and stay there.  It is up to you to change his/her mind!

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New York City Mayor Michael Bloomberg has often spoken on the topic of the necessity of a humane and intelligent immigration reform process. He is an ardent supporter of a City Council bill which would put reasonable limits on the type of assistance New York City would provide to the Federal Government under its Secure Communities program to capture and deport undocumented aliens who are not a threat to the peace and order situation of the city.

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Every year, the US will accept up to 65,000 H-1B petitions, plus 20,000 additional ones for the Master's exemption.  As of the last count, on November 14, 2011 (yesterday), the US government has accepted 56,300 cap-subject H-1B petitions and all 20,000 Master's exemption H-1B petitions.

H-1B visas are temporary employment visas to the US.  You can be sponsored by an employer in the US if you have a specialty occupation.  The first 20,000 people with a Master's degree or higher are not counted toward the 65,000 visa quota.  However, if you have a Master's degree or higher, you can still apply, you will just be counted in the normal 65,000 petition quota.

Read more about temporary worker's visas to the US HERE!

 

One Idea for How to Fix the Broken US Immigration System

So many ideas are floating around for how best to address the broken US Immigration system. Even Newt Gingrich has proposed a middle-of-the-road attempt at compromise on the immigration issue.  How do we re-write the immigration laws so they will keep everyone happy? Is that even possible? Here is one theory on how we can fix the broken US immigration system in a way that everyone can agree on:

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Immigration Court Tip #7: Do Not Bring Your Kids to Immigration Court

Yesterday, in our series of tips on how to succeed in immigration court, we suggested that it is a good idea to bring your spouse to court with you, especially if he/she is a US citizen or lawful permanent resident who is filing papers for you. In contrast, today’s tip is that you should NOT bring your kids to court!

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Your Green Card Experience

The system for acquiring your green card is definitely exceedingly complicated and consequently if you lack familiarity with the procedures, they can be fairly intimidating. This is going to be the case in a situation where English isn't really one's first language. Typically the green card process will certainly vary in a few ways according to which sort of green card you're hoping to acquire. Quite a number of applicants making the effort to acquire their green cards by means of the individual's business or marriage, however, there are certainly a couple of alternate approaches, for example, via filing for refugee status, the green card lotto, or perhaps financial investment.

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Unlawful Presence Part 1: What is Unlawful Presence?

Once you enter the US and overstay on a tourist visa (with a set expiry date), you start to accumulate unlawful presence.

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Deporting All Illegal Aliens: How Would This Affect the US Economy?


There are a lot of critics of immigration that make comments regarding deportation of illegal aliens or undocumented immigrants. What would the economic impact be if this were to happen?

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The nineth tip in our series on how to successfully get a non-immigrant visa is to maintain a positive attitude.  A positive attitude will help you feel better and more confident - and will make a better impression on your immigration interviewer!  So make sure to practice smiling and stay positive!

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I've always loved doing immigration waivers.  I enjoy getting to really know a person and their family.  I love the creativity involved in digging deep and finding ways to make the immigration case strong.

Recently, the Administrative Appeals Office (AAO) made a decision (unpublished) that a combination of substance abuse, emotional instability, and potential financial hardship were sufficient to constitute extreme hardship to a US Citizen (USC) spouse of a foreign national.  This prospective immigrant had "unlawful presence" - meaning staying in the US without permission.  This is something many foreign nationals have, for which they need a waiver in order to adjust their status (become a green card holder).

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Children in Alabama have been made the victims of a provision in Alabama’s new anti-immigrant law. The new law, deemed harshest in the nation, requires that school officials verify the immigration status of children during enrollment. There are even reports that the faculty and staff are grilling the students about this, thus resulting in very high absenteeism rates among Latino children, even those who are lawful permanent residents and US citizens.

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If you’re in the United States on an F-1 student visa, or you are thinking about getting a student visa, you will have to remember that you are not allowed to get a job. However, the prohibition on working has bigger effects than just not allowing you to get a job for pay. In some cases, you will not even be allowed to do volunteer work.

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Immigration is a tricky subject, most especially during election time. There is a consensus that the issue of illegal immigration has brought problems, although not everyone is one the same page when it comes to how to best address the issue. In a new twist on the topic of immigration, the discussion has shifted to legal immigration. Usually the focus is all on illegal immigration but now even legal immigration has come under fire.

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Immigration Court Tip #5: Turn Off All Cell Phones While you are in Immigration Court

This week we are doing a series on things you can do to succeed in immigration court. Today’s tip is to turn off all cellular phones and electronic devices while you are in immigration court. Not only can these be distracting but also they could seriously harm your case!

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ICE Introduces Detention Hotline

The US detention system has a lot of flaws, some of which we have previously discussed here on ImmigrationAmerica.org. However, it looks like after far too long, the United States Immigration and Customs Enforcement (ICE) is finally acknowledging some of these problems and trying to fix them. Recently, ICE launched a new hotline for detained immigrants to call.

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The Border Control Challenge

Borders can be tough to patrol.  The US-Mexico border is infamous for the trafficking and smuggling (of humans, drugs, and organs) that goes on there.  Although we here at ImmigrationAmerica support immigration reform because the system is broken, we don't advocate violating immigration laws - we also want border security.  Our goal is to help people who don't have the proper papers or who are going through the system now to help themselves.  So when we heard about this particular border patrol program, we were pleased.

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I worked and lived for a number of years in Miami, Florida, where the housing bubble burst. Hit first and hit hardest, the housing market there has yet to even begin to recover. Interestingly, the most novel and effective solution to this problem lies in immigration.

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The eighth tip in our series on how to successfully get a non-immigrant visa is to know everything you need to about employment in the US.  What exactly you need to know depends on what kind of non-immigrant visa you're applying for.  However, this is very important no matter what kind of non-immigrant visa you want.

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Typically, when you find Fox News reporting negatively about an anti-immigration measure, you know that it is not a good one.  Fox News, known for its right-wing leaning, reported recently on how NOBODY understands Alabama's new immigration law.  Attorneys don't understand it. Judges don't understand it. So how can normal citizens - let along undocumented aliens - be expected to understand it?

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Despite individuals in the United States military being paid, the decision to join is entirely voluntary. The US military has branches that include: the Air Force, the Army, Coast Guard, Marines, and Navy. Each of these branches has its own different qualifications for entrance. Nevertheless, there are general qualifications that are similar for all the branches. Continue reading for more information about joining the US military when you are an immigrant.

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What Will Happen All the Way Through the Green Card Experience

The whole system for receiving your green card is now exceedingly complicated and as a consequence as long as you are lacking familiarity with those procedures, the green card process actually is just a little intimidating. That will undoubtedly be true as long as American English just isn't one's main language. Usually the green card experience may differ to some degree depending on the category of green card you are receiving. A large proportion of people today are obtaining some type of green card via her/his business organization or being married, although there are really a couple of alternate methods, like through the green card lotto, financial investment, or perhaps filing for asylum.

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Immigration Court Tip #4: Be Respectful to Everybody in Immigration Court

This week we are doing a series on how to be successful in immigration court. The fourth tip in our series is to be respectful to everybody you meet in immigration court. How you act and treat people in immigration court is very important and affects the impression you make and what people think of you, so be respectful to everyone!

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More Americans in Detention, US Citizens Called Illegal Aliens

We’ve heard the stories before, but it’s becoming a more common problem: American citizens are being arrested and detained on the suspicion that they are illegal aliens. Some US citizens have been arrested for failing to carry positive ID that they’ve got status, others have been detained in immigration detention centers and even put into deportation proceedings… while others have actually been deported.

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The seventh tip in our series on how to successfully get a non-immigrant visa is to make sure your documents are all in order.  You should try to figure out beforehand exactly what documents you need, have them arranged nicely, and have them easily at hand for your interview.

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Many harsh critics of immigration, including politicians, need to remember where we all came from. Excepting the very few of us who come from Native American ancestry, we are all the result of immigration. Many of us were not even necessarily from “legal” immigrants, either, because immigration early in US history was not regulated. In fact, the British, French, and Spanish were all invaders.

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Secure Communities is a federally mandated program that requires state and local law enforcement to provide ICE with fingerprints of all criminals (no matter how trivial the crime).  States are also required to hold any inmates with ICE detainers on them until ICE comes to pick them up.  This controversial law is set to roll out in all jails in the country by 2013.  Now it's getting its first taste of court.

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Previously, only green card holders or US citizens could join the military. But that all changed recently. Now even those immigrants currently residing in the U.S. on temporary visa can now join the army; a first since the Vietnam War.

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How to Remove the Conditions on Your Residency: From Conditional Residence to Permanent Residence

In case you had been married to a US citizen or Lawful Permanent Resident (LPR) for less than 2 years at the time your application to become a Permanent Resident of the United States was approved, then that makes you a Conditional Resident of the Unites States. The reason why you hold a Conditional Resident status is that you will still need to prove that defrauding the United States immigration laws was not what motivated you to get married. You must prove you married for love, not just to get US residency.

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Immigration Court Tip #3: Dress Appropriately for Immigration Court

This is the third tip in our series on how to succeed in immigration court. This tip is to always dress appropriately for immigration court. If you want to succeed, you must dress for success!

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Immigration Offers Immigrants Opportunities… And Offers Americans and America Opportunities, too

The Director of the Cato Institute’s Center for Trade Policy Studios, Daniel Griswold, in a fascinating new paper, explains how native-born Americans become better off with regards to skills and income as immigrants arrive in the US. His arguments regarding expanded legal immigration have been that an inflation of the underclass will occur due to allowing more low-skilled foreign workers to enter the US.

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This month, immigration has hit the GOP debate radar. Every candidate has something to say about it.

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The sixth tip in our series on how to successfully get a non-immigrant visa is that you must remember that not all countries are the same.  Some US consulates are known for being "hard" and others for being "easy."  You need to know which yours is and how to prepare.

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One of the most common reasons people give as to why they want immigrants gone is that they take American jobs.  This could not be further from the truth.  What the immigrants' rights advocates say is actually true: Immigrants take the jobs Americans won't take.  The proof is clearly visible in Alabama.

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South Carolina is the newest state to have jumped on the anti-immigration legislation bandwagon.  Like Arizona and Alabama, it is already facing lawsuits.  This is because not only does it affect immigrants here illegally, but it also affects US citizens and permanent residents.

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EB-5 Visas: Green Card Immigration Laws for Investors in the United States

There is an immigration law that provides green cards to foreigners who invest $500,000 to $1 million in an enterprise that creates new jobs. There are private firms developing two major New Jersey state-sponsored projects, which are planning to take advantage of this law.

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Immigration Court Tip #2: Attend All Immigration Court Hearings

Yesterday, in our series of tips on how to succeed in immigration court, we discussed how important it is to arrive on time to your immigration court hearing. Of course, this is only helpful if you do show up! So our second tip is to attend all immigration court hearings you have scheduled.

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Immigrants to the United States will be Well-Integrated by 2030

A study done recently shows that immigrants are assimilating to the American lifestyle at a similar rate as their predecessors.

The Center for American Progress revealed a report that states that by 2030 immigrants will have integrated into the American society by learning English and contributing to economic growth.

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Wow, what kind of inhumane politicians are we electing here in the US?  One politician, Loren Nichols, recently said illegal immigrants should be shot.

His reason? They don't respect our values.

Well, Nichols' views certainly show what kind of values he has.  I would not want him to have any power in any place where I lived... unfortunately, my values don't jive with his. Why? I actually value human lives.

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E-Verify seems to be constantly changing. The most recent upgrade of E-Verify has incorporated a feature that can validate a driver’s licence. The driver’s licence is used by over 80% of new employees as identification for the verification process that is part of determining one’s employment suitability, making this a major upgrade.

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The fourth tip in our series on how to successfully get a non-immigrant visa is on how to deal with the subject of immediate family members (spouse and children).  Whether they are coming with you or remaining behind, you should know how best to address this subject during your non-immigrant visa interview.

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Yesterday, we spoke about how many local governments are refusing to participate in the Secure Communities programSecure Communities is program whereby local law enforcement has to report all criminal violators to Immigration and Customs Enforcement (ICE), who can then issue a detainer and the person can be slated for deportation.  But the program has a lot of flaws and a recent report from UC Berkely School of Law explains why.

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How to Get a Green Card for Your Parents

As a United States citizen you may help your parents in coming to the US by obtaining a green card. This will help them become permanent citizens. By doing this you will be “sponsoring” your parents.

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One out of Every Four Engineers and Scientists that Live in the United States is an Immigrant

Just so you know, TechAmerica Foundation has discovered that for every 4 engineers or scientists that live in the United States, you will always find that one of them was not born in the US. When this discovery was made public by TechAmerica Foundation, is also appealed to Congress, in the spirit of making the immigration process more effective. TechAmerica wants to improve the processes that workers in the technology industry have to go through to obtain visas.

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Immigration Court Tip #1: Be On Time for Immigration Court

This is the first post in a series of tips on how to be successful in immigration court. The first key to being successful in immigration court is to be on time. In fact, you should be early. This is very important to starting your case off on the right foot.

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And some people say the Feds aren't doing their job...!

As I follow blogs, forums, and news articles dedicated to immigration issues, I see a large number of people justifying states like Arizona and Alabama taking charge of immigration by saying "The Feds aren't doing the job, so the states have to!"  Working as I do in the immigration industry, this claim seems preposterous to me.  After all, if the Feds weren't doing their job, I would have nobody to help because nobody would need help!

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The fifth tip in our series on how to successfully get a non-immigrant visa is on learning to speak for yourself.   When you go into your interview you should not need to bring anyone else with you - and you may not even be allowed.  So learning to speak for yourself is very important!

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It’s a trend sweeping the nation. In stark contrast to the anti-immigration movement in places like Arizona, Alabama, and Georgia, many local cities and counties are going the opposite direction: They are refusing to enforce federally mandated immigration laws.

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Once upon a time, green cards didn't expire. Now, green cards are only valid for 10 years and must be renewed.  Even if you have one of the older green cards with no expiration date, you still must renew it immediately.

For all the information about how to renew your green card, click HERE!

 

Holiday Travel: How to Leave the United States on a Trip if you are an Immigrant

It is very important to assess the papers that you carry with you, especially if you are a foreign national living in the United States and wish to temporarily leave the United States on a trip. This is because your immigration status will determine the papers that you will be required to carry with you whenever you make such a trip.

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Immigration Court Tips: How to Succeed in Immigration Court

Not long ago, we did a series of tips on how to get a non-immigrant visa. That series was very popular, so we have decided to do another series – tips on how to succeed in immigration court.

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Yesterday, the New Jersey Journal reported that Senator Chuck Schumer "has a new wrinkle he hopes will fool an American public that has for more than a decade rejected rewarding law breakers."  This "wrinkle," he claims is Schumer's two claims that 1) Comprehensive Immigration Reform (CIR) is still alive and 2) that immigrants create jobs.

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So you've decided to enter the diversity visa lottery, most commonly known as the green card lottery.  That's great! But what are your chances of winning?

 

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All you critics of immigration out there, listen up.  If you are one of those people who are arguing that everyone should be deported, you need a real reality check!  Try working within the system and you will see the same problems I do...

 

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The third tip in our series on how to successfully get a non-immigrant visa is to know and understand your program.  Whether you are applying for a business visa, a student visa, a religious visa, or another type of non-immigrant visa, you should really know and understand your program and how it fits into your life and your long-term plans.

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It may be an anti-immigration dream come true, but Alabama’s new immigration law could come back to bite its supporters. With harsh and wide-ranging effects, the immigration law is having a disastrous effect on the Alabama economy. All people – whether they like the law or not - will soon feel those effects. Here’s a sample of what they are.

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Ways to for You to Get Ready for an Immigration Interview

There are actually numerous unique kinds of immigration interviews, for example: a marriage interview, an asylum interview, a naturalization interview, and a U.S. consular interview. The officer carrying out the immigration questioning asks various sorts of questions at every one of the aforementioned variety of interviews and you will definitely be required to show different kinds of court documents. Just the same, these are plenty of fundamental approaches with respect to the right way to plan most efficiently to go to any type of immigration interview. Once you know the way to be well prepared to go to just one immigration interview, you'll be able to be successful in all sorts.

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Almost two months ago, ImmigrationAmerica.org reported on how the President of the United States has the power to make real immigration reform progress without having to wait for Congress.  His hands aren't tied! President Obama can start today to make real changes.

This week, Texas Rep. Lamar Smith's HALT bill (standing for 'Hinder the Administration's Legalization Temptation Act') was hotly contested this week in a House hearing. (Read more in the Houston Chronicle.)  Instead of working out the budget like they should be, Rep. Smith and his Republican supporters seem to think this is an appropriate time to try to curb the President's power, even though it doesn't seem that he's actually been using it anyway.

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If you applied for the diversity visa lottery last year, you should check to see if you won! The results are now available.  They became available for you to check on July 15, 2011, and will be available until June 30, 2012.  Check HERE to see if you won!

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The second tip in our series on how to successfully get a non-immigrant visa is that brevity is the soul of wit.  This means that you should be brief in everything you say. In other words, don't say more than you have to! This is very important.

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Amid all the fanfare and fuss over Alabama’s tough immigration law, Georgia’s Illegal Immigration Reform and Enforcement Act of 2011 and it’s damaging impacts has slipped by almost unnoticed. But local businesses and governments are noticing it right away.

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Interviews with Immigration Officials: The Most Effective Way You Can Be Prepared

There're quite a few different categories of interviews with immigration, for instance an asylum interview, a spousal interview, a U.S. consular interview, and a naturalization interview. Typically the immigration officer conducting the questioning asks various types of questions at every one of these variety of interviews and then you'll have to display various types of legal documents. Even still, there are certainly a bunch of practical approaches concerning ways to plan most efficiently to go to an immigration interview as a general rule. If you have an understanding of how to be prepared to go to just one immigration interview, you'll be able to be successful in all sorts.

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The US government, like most governments, is somewhat slow and bureaucratic.  We announced yesterday that the 2013 diversity visa lottery, known commonly as the green card lottery, is now open and taking applications. However, it will be nearly a year before you find out if you won the lottery!

 

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The first tip in our series on how to successfully get a non-immigrant visa is to learn English.  To some people this will seem obvious, but to other people this will seem completely unimportant.  Yet, learning English can give you a big boost in your application.

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Alabama’s new immigration law has some far-reaching affects. Almost every aspect of life is touched by the law. And one of its impacts is to irreparably harm business in Alabama.

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The Correct Way to Get Ready for an Immigration Interview

There are actually numerous distinctive kinds of immigration interviews, such as a naturalization interview, an asylum interview, a marriage interview, or a US consular interview. Typically the officer doing the immigration questioning asks different kinds of questions at every one of the aforementioned different kinds of immigration appointments and so you will be required to show different documents. Nonetheless, there are some straightforward tips concerning the way to prepare most efficiently for pretty much any immigration interview. Understanding the right way to get ready to go to one immigration interview, you are able to do well when you attend any sort.

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A few days ago, a memo from many prominent attorneys to the President was released. (See http://americasvoiceonline.org/blog/entry/legal_memo_shows_obamas_hands_arent_tied_on_immigration_he_has_power_to_pro/ for more information.) This memo explained to President Obama the laws that allow him to change immigration policies without waiting for Congress to approve them.

The President of the United States is called the “Executive Branch,” which means that he is in charge of the branch of government that “executes” the laws, or enforces them. Congress gets to write laws, the Supreme Court decides what they mean, and the President decides how they should be carried out. What this means for current immigration law is that although slow-moving Congress may have the power to write completely new laws, but President Obama has the power to decide how to enforce the laws already on the books.

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When it comes to immigration reform, President Obama is the most committed president in well over a decade. But as a liberal and controversial president, many politically conservative Americans – politicians among them – refuse to take him seriously. Immigration reform is something we definitely need and we should set party loyalties aside to come up with a solution.

Tomorrow, President Obama launches a tour to promote immigration reform. But how will he possibly convince the other side of the aisle to reach across and agree with him?

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Secure Communities is a program where local law enforcement officials (police officers) have to run all fingerprints of people they arrest through the federal immigration database. Then, if the fingerprints reveal that the person is not an American, they can be detained and slated for deportation.

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The Diversity Visa Lottery is OFFICIALLY OPEN!  As of a few minutes ago, the US government opened up for applications to the green card lottery program.  You have one month to apply.  Don't wait until the last minute!

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Recently, we did a short series on tourist visas, addressing questions like why it is so hard to get a tourist visa and we provided tips on what you should do to try to be more successful with your tourist visa application.  I was inspired by that to write another, more in-depth, series on how to successfully get a non-immigrant visa.

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How to Prepare for an Immigration Interview

There are many different kinds of immigration interviews, such as an asylum interview, an American citizenship interview, an immediate relative interview, and an interview at the consulate. Typically, the official carrying out the immigration questioning asks a wide variety of things at each of the aforementioned variety of immigration interviews and also you are going to be required to display various types of papers. Nonetheless, you can find a couple of basic approaches when it comes to how one can prepare most efficiently for pretty much any immigration interview. Understanding the right way to be prepared to go to just one particular immigration interview, you'll be able to do just fine when you attend all sorts.

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The United States Constitution gives the States power to make laws covering anything the national laws don’t cover. But when something affects the whole country, like national security or immigration, the whatever Congress and the President decide becomes the law of the whole country.

In the last few years, the U.S. government has tried to change the mess of its mixed up and confusing immigration laws, but did not succeed. The States have gotten impatient and many have decided to make their own immigration laws, like the famous and controversial Arizona SB 1070.

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I’ve heard so many people talking about Obama’s new amnesty that I could be rich if they each gave me a nickel. But what amnesty? There is NO amnesty!

I’m less worried about the political implications of claiming there’s been an “amnesty.” I’m not too worried about what the American people think of the program. What I’m worried about it the immigrants themselves.

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The diversity visa lottery, otherwise known as the green card lottery, is opening up for applications in just a few days! On October 4, 2011 at noon Eastern Daylight Time (EDT - which is GMT - 4 hours), you can apply for a green card through the diversity visa lottery. Yesterday, we posted about how to know if you qualify for the diversity visa lottery. But do you need a lawyer to help you apply for the green card lottery, or can you do it yourself?

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The numerous forms of visas, combined with so many options for coming over to the USA may have your brain spinning. You'll discover a multitude of potential visas, in addition to over a dozen other ways get yourself residency in the U.S.. In this post, you will find several details that will help you pick which visa is the best for you.

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Interviews with Immigration Officials: Information About How You Be Ready

There are a variety of different types of immigration interviews, which includes an interview at the American consulate, an immediate relative interview, a United States citizenship interview, or an asylum interview. Typically the United States government official carrying out the appointment will definitely ask many different kinds of things at each of these wide variety of immigration appointments and also you will need to deliver very different legal documents. Nevertheless, there are certainly a handful of basic instructions pertaining to easy methods to plan the best way to go to any kind of immigration interview. When you are aware of the way to get ready to go to just one immigration interview, you can expect to be successful in all kinds.

Read more...  

Friday, September 9, 2011.  It is only two days away and there are many people who are rushing to meet this deadline.  That's because the US and its IRS long-arm is reaching into your bank accounts, no matter where in the world you live.  You have only until this Friday to file your back-taxes for the last 5 years, if you want to receive an amnesty for failing to file previously.

 

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The diversity visa lottery, otherwise known as the green card lottery, is opening up for applications in just a few days! On October 4, 2011 at noon Eastern Daylight Time (EDT - which is GMT - 4 hours), you can apply for a green card through the diversity visa lottery. But how do you know if you qualify?

Read more...  

There's quite a few unique sorts of interviews with immigration, including an asylum interview, a naturalization interview, a spousal interview, and a interview at the U.S. consulate. The immigration officer conducting the appointment asks distinct sorts of questions at every one of those various sorts of immigration appointments and then you may be needed to display completely different paperwork. Yet, you can find a number of essential strategies with regard to how you can prepare best for an immigration interview in general. If you understand how to prepare for one particular immigration interview, you'll do just fine in any type.

Read more...  

There are many types of visas along with so many choices for ways to come over to the United States of America that your mind could very well be spinning. There are dozens of potential visas, and additionally over a dozen other ways to get legal permanent residency. You can find several different criteria that will help you pick which visa is correct for you.

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Yesterday, we explored a few of the problems with the new immigration law. Although it is a step forward and, as advocates for immigrants, we think that it is on the whole a good move, this does not mean we should become complacent! We must continue to fight for true and Comprehensive Immigration Reform.

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The system for receiving your own green card could be extremely tricky and so long as you're not at ease with it, the green card procedures actually are somewhat aggravating. That is truly your situation as long as American English is not your first language. The American green card experience varies to some extent based on the category of green card you are getting. The large majority of immigrants are making the effort to be given some type of green card by way of her/his corporation or being married, even though there are alternate approaches, like due to the green card lotto, attempting to obtain refugee status, or perhaps investing money.

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Janet Napolitano, the Secretary of Homeland Security, has extended the Temporary Protected Status (TPS) designation for Sudan for another 18 months. She has also designated the new country, the Republic of South Sudan, for TPS for 18 months. Both this extension and this new designation will start on Nov. 3, 2011, and will be effective through May 2, 2013.  So if you qualify for one of these designations, you should go register or re-register now!

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The other day I was watching a movie with Penelope Cruz in it.  Later that day, my husband was watching a baseball special on David “Big Papi” Ortiz. Google also showed up in the news, which mentioned founder Sergey Mihailovich Brin.  He asked me how it could be possible that these three famous individuals could be living and working in the US without having to wait so many years that their careers would already be over.  The answer is the O visa.

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Recently, we wrote about how deaths on the Mexico-Arizona border have been going up per capita, and also about what Customs and Border Protection is trying to do about it. But just because CBP is trying to reach out and save lives of illegal border crossers, doesn’t mean you should try it. Enter Operation Streamline.

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I find many people asking me, "How much does it cost to renew a green card?"  The answer is: It currently costs $365 to renew your green card, which you must mail in with your Form I-90. You may also have to pay $85 for biometrics. All money must be paid in check or money order made out to the “U.S. Department of Homeland Security.”

So it will either cost you $365 if you have done biometrics recently or it will cost you $450 if you have not done biometrics recently.

You can download Form I-90 for FREE here!

 

Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Honduras and of Nicaragua for an additional 18 months, beginning Jan. 6, 2012, and ending July 5, 2013.  You will have 60 days to re-register, beginning on November 4, 2011.  This means you MUST re-register BY January 5, 2012!  Don't delay - re-register now!

To learn more about TPS and how to register or re-register, please click HERE.

 

I wanted to share with everyone a brief update on the subject of the green card lottery, which is officially called the Diversity Visa Lottery.

The entry registration period for the 2012 Diversity Visa Lottery has ENDED.  The US government is not accepting any more applications for it.  However, the 2013 green card lottery entry period should open soon.  We expect it to open up in the October-November time period, so keep checking back for more information.

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Recently, the Obama administration made a controversial announcement about a new policy to postpone deportations against undocumented immigrants who do not have criminal convictions. This has triggered various responses from immigrant rights advocates, from festive moods to cynicism.

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Award-winning journalist Jose Antonio Vargas got a lot of publicity a few months ago when he came out and admitted that he is an undocumented immigrant. Brought here at age 12, he didn’t know for a while that he was undocumented. Now he has become an emblem – almost like a rallying point for DREAM Activists.

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Has an email stating that you have won the Green Card lottery arrived in your inbox? Has the email proceeded to request you to send or transfer money? If not you, has it happened to someone you know? The sender of such emails is attempting to steal your money. Please do not send anything to them!

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The Department of Homeland Security’s (DHS) Traveler Redress Inquiry Program (TRIP) is a program to help legal immigrants who frequently get stopped when crossing the border into the US. If you are a legal immigrant who is frequently stopped for long questioning, brought back for secondary screening with a supervisor, or refused entry to the US, then this is the program to help you!

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Today is the day!

If Arizona wants to have a shot at its immigration law standing, it has to appeal by this afternoon to the United States Supreme Court.

If they don't, the prior courts' declaration of most of its provisions as being unlawful will stand and become precedent for other states, which means laws proposed across the country would be in trouble.  If they do, it will cost the state a lot of money and mean a final showdown - a big risk in which the highest court in the land might strike down the infamous SB 1070.  Arizona Governor Brewer has said she will appeal... but she hasn't (yet).  Why?

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There are 3 ways to get an investor visa:

  1. Invest $1,000,000 in a company & create 10 direct jobs in 5 years.
  2. Invest $500,000 in a company in a rural or high unemployment zone & create 10 direct jobs in 5 years.
  3. Invest $500,000 in a regional center & create 10 direct or indirect jobs in 5 years.

EB-5 visas are a really hot topic right now. I've worked for and with some of the biggest players in the EB-5 immigration attorney competition to get clients. But then, what attorney wouldn't want clients with that kind of money to risk?

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Immigrants come to the US seeking a better life for themselves - and for their families.  This includes not only their children but their parents, too.  Immigration critics think elderly immigrants just make demands on the system without contributing in the form of taxes, but they are very wrong. Here are some reasons why elderly immigrants often contribute much to our society - and our economy.

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We recently posted a FAQ (Frequently Asked Questions) page for Green Card Renewals.  It's been getting good feedback, so I thought it may be helpful to our readers if we posted something more about it with a little more detailed information.

See, for some reason people seem to think that renewing your green card is going to be a long, hard, and scary process.  The green card process can be pretty scary for many people... it seems like you're being given a difficult time at every turn.  You have to fill out a pile of paperwork, go through interviews, and sometimes wait years to finally get your green card.

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When Arizona passed SB 1070 almost exactly a year ago, it sparked off a heated controversy.  Arizona lost business as tourists boycotted it, yet won acclaim from lawmakers across the States, who immediately initiated copycat laws in half the states in the US.

Alabama is one of those states.

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There's various different types of immigration interviews, which include an asylum interview, a family interview, a naturalization interview, or a American consular interview. The official carrying out the immigration questioning asks a wide variety of things at each of the aforementioned interviews, not to mention that you can expect to produce totally different records and documents at each. Having said that, there actually are a bunch of practical methods to plan the best way to go to any kind of immigration interview. When you discover the way to get ready to go to just one particular immigration interview, you can expect to do just fine when you attend all kinds.

Read more...  

Rep. Elton Gallegly (R-Calif), chair of the subcommittee on immigration, sent a letter to President Barack Obama calling for him to halt his decision to commence a non-legislative amnesty, insisting that the new policy defeats the purpose of our immigration laws, and is highly unfair for millions of Americans and legal immigrants who are searching for means to make a living.

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The whole procedure of receiving a green card to America can be somewhat challenging, so long as you lack familiarity with this process. This happens to be especially true if English is not really your first language. The green card experience may differ in a few ways based upon the classification of green card you're hoping to try to get. Lots of applicants are making the effort to secure their green cards thanks to their business enterprises or being married; however, there are certainly a handful of alternate approaches, like via investing money, submitting an application for refugee status, or perhaps the green card lottery.

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I hear a lot of critics of immigration saying that we should deport all the illegal aliens (who I prefer to call “undocumented aliens” because it is never illegal to be a person or to exist!). But what would the economic impact be if we followed through with this?

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Earlier than 1989, after you were given your permanent resident card it continued to be valid forever. Sadly, following 1989, green cards remained valid only for ten years. If you've got one of those old LPR ("Lawful Permanent Resident") cards, you have to renew your green card before its expiration. Should you have an old green card, you have to renew it due to the fact that the prior versions aren't good any more. The process is quite easy once you learn all the steps.

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There’s no doubt that the United States is in economic crisis, which is not improving. Hitting the debt ceiling and almost having the government and economy shut down as a result should be a huge warning. Now, a congressional super committee has been given the job of figuring out how to add $1.5 TRILLION to the US economy within the next 10 years. The answer is easier than you might think: Comprehensive Immigration Reform (CIR)!

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In order to get one of the common temporary worker visa or one of thepermanent worker visas, in most cases you must have a degree.  But what exactly is a bachelor’s degree? Just because you went to college in your home country and were awarded the degree doesn’t mean it’s up to US immigration’s standards.

If you have a labor certification process going on and you are trying to get anemployment-based green card or visa, you’re probably starting to realize just how important proving your education is.  If you don’t do it correctly, you might not get approved! This becomes especially important when you’re getting a green card through the EB-2 or EB-3 categories.

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Just in case you were wondering, it costs about $12,500 to deport an illegal immigrant. This figure includes the cost for taking the individual into custody, holding them in custody, and deporting them from the U.S. This information comes directly from Kumar Kibble, the Immigration and Customs Enforcement (ICE) deputy director.

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So often I hear the question, "Why don't illegal immigrants just get their visas?"  Most people seem to think it is easy.  All someone needs to do is to work hard enough and earn enough money and save it up and they can get a visa to the US.  And while there are some visas you can, in effect, "buy" for $500,000 or $1 million, you can't just save up $5 or $10 thousand and come to the US.  It's much more complicated than that.

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In immigration, it's important to remember to always tell the truth!  Lying on an application or in an interview will come back to haunt you eventually.  USCIS officers are specially trained to look for lies and to identify them.  It is better to just come clean and tell the truth, with remorse, if necessary. 

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Often I hear detractors of immigrants and immigration crying about how immigrants are so terrible for society. One of the top arguments is that so many of them are criminals.

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I have seen it before, many times. Clients of mine have ended up detained and deported as the result of them hiring someone who wasn’t really an attorney to handle their case. Then they must come to me for assistance, trying to repair their ruined lives.  They have had to pay extra - and I have had to work extra hard - to fix their cases and bring them into status.  These stories always break my heart because most of the time, these immigrants have done everything right – they qualify for the visa, they pay the money, they send in everything they’re supposed to – except that they hire the wrong person.

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There has been a recent discovery of numerous unreported deaths that occurred in the past at immigrant detention centers. The government and immigrant rights groups are united in declaring that immigrant facilities must experience a change.

Had it not been for the comprehensive assessment of agency paperwork brought about by a court case filed by the American Civil Liberties Union (ACLU), it is possible that the US Immigration and Customs Enforcement (ICE) may have missed these deaths.

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Recently, I was in California. I spent a few weeks there earlier this summer and made a second trip just a couple of weeks ago. It was interesting to get a hands-on view of the immigration situation there.

The state of California is home to millions of immigrants, where they make up 25 percent of the population. Out of that 25 percent, close to 3 million are undocumented immigrants, and a huge number of them have been living in the U.S. for more than a decade.

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Today’s economic environment is not very rosy, and has been a major cause of millions of people losing their jobs in first world nations. This situation has the leaders of these countries very nervous about the effect of immigrants with regard to demand for homegrown talent.

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Immigrants in the US have been fighting to improve their standing in public opinion for decades, but the last one has probably been the most difficult. In the wake of the 9/11 attacks, which were committed by foreign nationals, they’ve had an even harder fight.

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For a number of years, there have been reports about the deaths continuing to happen on the U.S./Mexico border. The rising number of deaths (already in the thousands) can be directly correlated to the sudden surge in border control which started during the beginning years of President Bill Clinton’s administration.

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The health care reform bill has been signed into law by President Obama, and now Congress can focus on immigration reforms. Congress’s previous inaction has led the President to respond by taking matters into his own hands and using his executive power to effect change. While his actions have infuriated some people, they are actually exactly what this country needs.

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Present-day politics in the US seems to be a never-ending argument. One can comprehend the economic side, however there is a bias that is present in immigration discussions that is quite startling. 99% of the citizenry are not descended from Native Americans, so, ironically, immigration is the reason they are here in the first place.

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They say that power corrupts. I've certainly seen it happen. I've been in more than one circumstance where I was denied access to a client - even green card holders - who needed my assistance as an attorney. In one case, a client was improperly detained by CBP and even though I was there and wanted to see him and be present for his questioning, CBP didn't allow me in. That's illegal! He may be an immigrant, but he had a valid green card and an attorney present. I should have been allowed to be with him at all times.

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The encouraging news was just released that border deaths in Arizona are down.   I don't know how encouraging this is, however.  Apprehensions along that border have been cut almost in half while deaths have dropped only one-third.  It's possible that death tolls per capita are rising and people out there are applauding.

It's always good to hear that fewer people are crossing the border without inspection.  Nobody is encouraging illegal immigration.  The problem is that this doesn't solve the core problems we're facing with immigration.

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Today I saw the quote, "Everyone thinks of changing the world, but no one thinks of changing himself." by Leo Tolstoy.  I've always loved this quote because I feel like it's so true.  I am also one of those who wants to change the world, and myself in the process, by helping others live their immigration dreams.

The truth is that when it comes to immigrating to America, there is a lot you can do to help yourself.  By changing yourself a bit - taking that first step - you can start your immigration process and find yourself waking up in America!  So many people talk about the "American Dream" but so few people actually live it. Why?

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ImmigrationAmerica.org is a free website run by a licensed immigration attorney with years of experience.  Our goal is to explain immigration law clearly and simply so you can understand.

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This site gives you information about immigration laws to help users like you understand and handle your own legal needs. However, "legal information" isn't the same thing as "legal advice." Legal advice is when the law is applied to your unique and specific situation and circumstances. Unfortunately, ImmigrationAmerica.org and our attorneys cannot write articles tailored to fit each person's exact situation and so can't give you legal advice.  Even though we do our best to be sure our information is both true and helpful, we recommend that you talk to a lawyer for professional assurance and opinions that our information, and your understanding  of it, fits and applies to your one-of-a-kind situation.

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