Help for US immigration law related problems

United States of America is a country of immigrants and descendants of immigrants. Unfortunately this does not necessarily mean that immigration to the United States is a straight forward process or immigrants would not have difficulties to comply with the complicated immigration laws. You may have to deal with temporary (non-immigrant) visas, permanent (immigrant) visas, maintenance of lawful permanent residence, complying with registration requirements for aliens in the United States, citizenship and naturalization, etc.

There is now a "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001" or more easily referred to as the USA PATRIOT Act after 9/11. There is also the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and possible deportation related to these 2 Acts or others mentioned above.

When dealing with such complicated matters, it is best to employ professional and experienced help, particularly lawyers who deal exclusively with immigration laws. The Root Law Group is an exclusive Immigration Law Practice should be able to provide such help. According to them they serve the immigrant community and represent individuals, small businesses, and large multi-national corporations in all aspects related to U.S. immigration law. They say they have great success in all employment-based and family-based petitions and if one reads their Clients' Testimonials which also include clients' rating them, you would tend to agree.

They also claim that they are different from many other firms by providing personalized attention to solving their clients' problems and make efforts to provide each client with successful results by considering all appropriate and creative options.

They can be contacted by email or phone, including toll free calls and have offices spread around California. You can view their offices, addresses and telephones by going to Root Law Group's list of offices and contacts. You can also call them toll-free at (888) Root-Law (888) 766-8529 for a free initial consultation.

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What Is A Green Card And How Do I Get One?

What Is A Green Card And How Do I Get One?
by: Jody Ehrhardt

Green card is the term used to describe a document that gives a person born in another country the right to live and work in the United States. A green card is usually issued to those people who are permanent resident aliens and who wish to eventually become a United States citizen. Once a person has held a green card for almost five years with no legal problems, they are eligible to apply for citizenship or naturalization.

There are two main ways to be deemed eligible for a green card. The first way is through your employment in the United States. In this case, the employer of the foreign individual must agree to sponsor that individual. Once sponsored the individual may make application for a green card. This application is usually a much faster process for those individuals with more education or specialized job skills. Those individuals that have common job skills or less education may have to wait for a longer period of time before their application is reviewed and accepted.

The second way that an individual may become eligible for a green card is through their immediate family. In this case, if a foreign individual has a family member such as a child, parent or sibling that is an American citizen, then they may apply for a green card. If a parent of a foreign minor child is an American citizen then that child is automatically and immediately eligible for a visa.

Another way that a foreign person can qualify for a green card is through marriage to an American citizen, however, the American citizen must reside in the United States. Once the person has obtained their green card they can apply for permanent residency but the laws controlling this process are very stiff. In this case, the married parties must prove that their relationship is legitimate.

In addition to the above options for obtaining a green card, there are special circumstances that allow certain individuals who do not meet the above criteria to obtain a green card in a timely manner. These special circumstances include the following:

Asylum. This special circumstance applies to any foreign individual who is in the United States and fears returning to their country of origin. This fear can be brought about by any persecution that is based on a person's race, political views or religion.

Labor. Individuals that posses a special skill that is desperately needed in the United States can obtain a green card in exchange for their willingness to perform the job and skill set at a specific job in a specific region assigned to them.

National Interest Wavier. If an individual possesses the professional skills to be of service to the national interest of America then that person can be granted a green card without employer sponsorship.

Researchers. For academic researchers who are internationally recognized for their achievements, there are special circumstances that allow that individual to receive a green card in exchange for sharing their information and knowledge.

Specialized Skills. Individuals that possess specialized skills and that are experts at the top pf their field may apply for and be granted a green card. These individuals are usually exempt from the labor certification process.

Although special circumstances do exist, the normal application process for and the granting of a green card usually take many months and is a very complicated and exhaustive system. If you are contemplating applying for a green card, it is advisable to speak with an attorney before hand.

About The Author

Jody Ehrhardt writes for Lawyer Vista, a website where you can find a lawyer in your city or state, including New Mexico Immigration Lawyer New Mexico immigration lawyers and Kansas Immigration Lawyer Kansas immigration lawyers

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Permanent Residency & The Green Card

Permanent Residency & The Green Card
by: Maury D. Beaulier

Permanent Residency. Permanent residency is often referred to as having a Green Card. There are two primary categories of immigration: Immigrant status and Non-immigrant status. Immigrant status allows permanent residency in the United States. Non-immigrant status provides an authorization to aliens for temporary residency that expires upon the occurrence of a specific event.

A Permanent Resident is commonly referred to as a "Green Card" holder. Permanent residents have many rights which include the following:

The right to live in the United States permanently;

The right to reenter the United States after traveling out of the country abroad;

The right to apply for U.S. Citizenship after continuously living as a Permanent Resident in the United States for five (5) years

The right to employment in any work that is legal;

There are four main categories for green card permanent residency and even more subcategories under each main category. The main green card categories include Family Sponsored Immigration, Employment Immigration, DV Lottery, and Asylum and Refugee status.

Family Sponsored Immigration Green Card. Foreign family members of U.S. citizens and permanent residents may qualify for an immigrant visa. However, the United States sets strict limitations on the number of immigrant visas allowed each year. The closer the relative is the higher that person falls on the priority scale for obtaining an immigrant visa. Immediate family members of U.S. citizens are given the highest priority. Foreign parents, children under the age of 18, and spouses fall outside of the quota system and usually qualify quickly for an immigrant visa. Extended family members of United States citizens and family members of permanent residents may also qualify. However, the waiting period may be much longer. In some cases, the wait for a visa may exceed 10 years. The priority list for family sponsored immigration is as follows: (1) F-1 - Unmarried Sons or Daughters of U.S. Citizens over the age of 21; (2) F2-A -Spouses and unmarried Children of Permanent Residents under the age of 21; (3) F2-B -Unmarried Sons or Daughters of Permanent Residents over the age of 21; (4) F-3 -Married Sons or Daughters of U.S. Citizens over the age of 21; (5) F-4 - Brothers and Sisters of U.S. Citizens.

The relationship is only one criteria in determining preference. A second criteria includes the country of the relative’s origin. Economically poor countries such as China and India tend to have the longest waiting periods.

Employment Immigration Green Card. Aliens seeking permanent residency in the United States for employment purposes must fit into one of five categories. The first category is "Priority Workers" which includes Intra-Company Transferees of Managers and Executives, Outstanding Professors and Researchers and Aliens of Extraordinary Ability in the Sciences, Arts, Education, Business and Athletics. The second employment category is "Aliens of Exceptional Ability in the Sciences, Arts or Business" which includes Professionals with advanced degrees. The third category includes "Professionals with Bachelors Degrees not qualifying in the 2nd Preference, skilled workers, and unskilled workers in special needs professions. The fourth category is very narrow encompassing "Religious Workers" who are here to carrying out their religious mission. Finally, the last category is based on economic development and includes individuals who invest one million dollars ($1,000,000.00)in a new "commercial enterprise" or in a "troubled business" or those who invest Five Hundred Thousand Dollars ($500,000.00) in a "new commercial enterprise" or "troubled business" in a "targeted employment area."

DV Lottery Green Card. 55,000 immigrant visas each year are available to those winning a Visa Lottery. The number of lottery visas are apportioned to countries that have fewer visa applicants. To apply, an immigrant must fill out a number of forms detailing their background with the INS. Each year lottery contestants are drawn and notified if they have won. A winning alien may make application for an immigrant visa.

Refugee/Asylum Status. Refugee and Asylum status allows foreigners fearing persecution to seek refugee status in this country. Foreigners outside of the United States may seek refugee status. Foreigners already in the United States may seek asylum to prevent deportation. After approval of Refugee or asylum status, the alien is allowed to enter or remain in the United States and may seek an adjustment of their status to one of permanent residency after one year.

For legal assistance Call (952) 746-2153.

About The Author

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at Work Visa Lawyers.

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Fiance Visas - U.S. Immigration

Fiance Visas - U.S. Immigration
by: Maury D. Beaulier

Overview

We have successfully obtained thousands of fiancee and marriage visas. These include visas for wives and husbands in all countries including Latin America (Mexico, Honduras, Costa Rica, Panama), asian countries (China, Viet Nam, Thailand, Korea, Taiwan, Japan, China), the former USSR (Russia, the Ukraine, Czechoslovakia), the Phillipeans, Europe Canada and more.

The length of time it takes us to obtain a fiancee visa depends on the state in which you reside, the country in which your fiancee lives and the immigration processing center where the application is processed. We will do all of the work and provide you with a realistic time estimate based upon your situation. We obtain fiancee visas for clients from every state in the U.S. Call us at (952) 746-2153.

Whether you met that special someone on a trip overseas or while she/he was visiting the United States or even in an online chat-room, if you’re ready to join as husband and wife, or at least fiances, you may be eligible to bring your fiancé(e) to the U.S. to finalize your union in marriage.

If you are a U.S. citizen and your fiancé(e) lives abroad, the Fiancé Visa may be just what you’ve been looking for. The Fiancé Visa is a relatively fast process that allows your fiancé to enter the U.S. to marry you and then adjust his/her status to lawful permanent resident based on the marriage (without having to leave the U.S.). Compared to other types of permanent status visas like the Family Based Petition, Employment Based Petition, or the Diversity Lottery program, the Fiancé Visa has a relatively fast processing time and when done properly, can reunite you and your fiancé(e) in the United States.

Procedure

The first step is to file the Fiancé Visa Petition with the U.S. Immigration and Naturalization Service (INS), with supporting documents. It is very important to submit the necessary supporting documents; failure to do so can result in long delays or even denial of the petition.

Once the petition is approved, the INS will forward the petition to the U.S. Embassy or consulate where your fiancé(e) resides. Your fiancé(e) would then be contacted by the embassy or consulate for an interview. Some of the documents that your fiancé(e) may need to present at the interview include: a valid passport, evidence of support, birth certificate, medical examination report, divorce decree or death certificate of any previous spouse, police certificates from all places lived since age sixteen (16), evidence of the validity of your relationship; and passports and medical examinations for any accompanying children.

Upon issuance of the visa, your fiancé(e) would be allowed into the U.S. to marry you; however, the marriage must take place within 90 days of your fiancé(e) entering the United States. If you do not marry your fiancé(e) within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing the Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. In addition, your fiancé(e) may not obtain an extension of the 90-day original admission. Therefore, it is very important to marry during the 90 admission period. If your fiancé(e) does not marry you and stays beyond the 90 days, he/she will be subject to deportation as well as possible bars from returning to the United States for specified periods of time.

Permanent Residence (Green Card)

After you marry, your fiancé(e) may apply to become a permanent resident (Green Card). Your fiancé(e), now spouse, will receive conditional permanent residence status because the status is based on a marriage that was less than two years old on the day he/she was given permanent residence. The status is conditional because you and your new spouse must prove that you did not get married to evade the immigration laws of the United States. The conditional status will last for two years, at which point you must apply for removal of the conditions on the status.

Employment Authorization

Although it may take months or longer for approval of the green card, your new spouse may apply for employment authorization while the green card application is pending. Employment authorization would allow your new spouse to work legally while waiting for permanent residence.

Reminder

An important reminder is that only U.S. citizens may take advantage of the Fiancé Petition. Presently, there is no provision that allows lawful permanent residents to use the Fiancé Petition.

If there is someone special in your life whom you are considering to be your husband or wife, we have been very successful in assisting our clients with Fiancé(e) Visas and would gladly assist you with yours. Call (952) 746-2153 or visit www.workvisalawyers.com.

About The Author

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or through his immigration website located at Work Visa Lawyers.

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Marriage to a Foreigner Made Possible with a K1 Fiancee Visa

Marriage to a Foreigner Made Possible with a K1 Fiancee Visa
by: Abe Rothstein

Saying "I do" to your foreign bride is a dream that can be made a reality. While the process of bringing your fiancée to your home country can be complicated and lengthy, it is not an impossible task. There are several stages in the application process and each step must be handled with an uncompromised degree of detail and thoroughness. Failing to complete all forms or providing inaccurate information will delay the process and cause you unnecessary stress. Before you forge ahead with your goal of bringing your dream fiancée home, take the time to inform yourself on which visa you need, whether or not your cause qualifies, and what the application process entails.

Before you can have your fiancée enter the United States and officially marry her, she must have the k1 fiancee visa. Although there are other types of visas, the k1 visa is the only accepted form of documentation that will allow you to legally marry your partner in the US. If, for example, you decide to marry your fiancée while she only has a tourist, student or business visa, her legal status will become questionable and potentially serious problems can result. To ensure that your fiancée is not refused permanent resident status, or that she is not deported back to her home country, you must obtain a k1 fiancee visa.

Before you can obtain a k1 visa, there are several eligibility conditions that must be met. First, you and your fiancée must be free to marry each other. This means that both partners must be unmarried, or that any ended marriages have been finalized with divorce, annulment or death. Secondly, you must have met with your fiancée in person within the last two years before filing for the visa. There are some exceptions to this rule including the clause that traveling to her home country would violate long-established and legitimate customs, or that it would be impossible for you to physically make the trip. Lastly, you and your fiancée must marry within 90 days of her entrance to the United States. Note that you can also apply to bring your fiancée’s children to the country if they are less than 21 years of age and unmarried.

The first stage in the application process begins when you receive your complete application package. It will provide an interview date for the applicant and details of the visa. It will instruct you that several documents are required including a valid passport, birth certificate, divorce or death certificate if needed, marriage certificate, police certificate from all places of residence since age 16, proof of medical examination, evidence of financial support (form I-864), affidavit of support from petitioner or sponsor, application for immigrant visa and alien registration (form DS-230 part I & II completed), and two immigrant visa photos. Failure to produce any of these required documents will render your application status incomplete and will slow down the process and potentially jeopardize your chances of obtaining the visa.

Marriage to a foreigner is made possible by obtaining a K1 fiancee visa. Not only will it legally bring your fiancée into the United States, but it will also be necessary if she hopes to find legal work in the future. The whole process may seem complicated, but taking the time to inform yourself and understand the various required stages will better your chances of success.

About The Author
Abe Rothstein is the content manager for Abe's INS Fiancée Visa Help Site at (www.ins-fiance-visa.com). He offers immigration solutions to help you get into the country legally. Visit his site for a full detailed walkthough of the fiancée visa process.

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United States Visa Information

United States Visa Information
by: Manu Goel

The United States provides different types of visas to foreigners those who want to live permanently in the country and those who intend to visit temporarily for some purpose. For temporary visitors or non-immigrants, there is student visa, business visa, tourist visa, special visa for dignitaries and journalists, etc. People who want to live permanently in the country can avail immigrant visa or green card.

Foreigners who wish to work in the US on a temporary basis can also apply for H-1B visa. To be eligible for H-1B visa, a job offer from a US employer is essential. Unlike a student, tourist visa, the foreigners cannot directly apply for this visa. The prospective employer has to file a petition with the United States Citizenship and Immigration Services (USCIS). If the USCIS approves the petition then the foreign worker can be hired on H-1B visa.

Otherwise, foreigners can apply for other visas at the US embassy and consulate in their native country. It is very easy to get a tourist or business visa and it is issued in a few weeks. But there is no certainty that you will be provided the non-immigrant visa. Due to security reasons, your applications can be cancelled or process of issuing visa can be deferred. Hence, you may be called for another round of interview or provide additional information

For immigrants, the US State Department conducts a lottery in which it randomly selects 50,000 applicants from across the world to provide permanent residency visas or green cards. The administration will hold such lottery in 2007, for which it has short listed 82,000 people out of more than 5.5 million applicants. US government website www.UnitedStatesVisas.gov provides information on visa policies and procedure.

It is also important that you need to fill in your application form properly as many visa seekers get rejected due to improper filling up application forms.

About The Author
Manu Goel site My US Greencard, The website helps in filling-out the application forms for US green cards and helps in ensuring that the forms are complete in all respects.

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U.S. Immigration THrough Investment

U.S. Immigration THrough Investment
by: Maury D. Beaulier

Approximately 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. Statistics on the EB-5 program show, however, that actual usage of this preference category has never come near the annual allotment of 10,000 visas for the program.

Eligibility Requirements

Foreign investors seeking permanent residence in the United States fall under the EB-5 immigrant visa category. Generally, investors must demonstrate that a "qualified investment" is being made in a new commercial enterprise. They must also show that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise.

In general, eligible individuals include those:

Who establish a new commercial enterprise by:

· creating an original business;

· purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or

· expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:

· at least $1,000,000 (or more in high employment areas), or

· at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and

Whose engagement in a new commercial enterprise will benefit theUnited States economy and:

· create full-time employment for not fewer than 10qualified individuals; or

· maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

* Keep in mind that the investor must also establish that the required amount of capital has been placed at risk for the purpose of generating a return on that capital. A mere intent to invest, or prospective investment arrangements entailing no present commitment will not suffice to establish that the petitioner is actively in the process of investing.

Procedure

INS Form I-526, Immigrant Petition by Alien Entrepreneur, is the form used to apply for investment-based immigrant status. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:

· establishing a new commercial enterprise,

· investing the requisite capital amount,

· proving the investment comes from a lawful source of funds,

· creating the requisite number of jobs,

· demonstrating that the investor is actively participating in the business; and, where applicable,

· creating employment within a targeted employment area.

*Labor Certification by the Department of Labor is not required.

You can find the Form I-526 on our web site at by clicking on the Immigration Forms link.

Conditional Permanent Residence

Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:

· Filing INS Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United States; or,

· Applying for an immigrant visa at a U.S. Consulate abroad, if residing outside the United States.

Removing Conditions on Residence

90 days before the second anniversary of your admission to the United States as a conditional resident, you must file INS Form I-829,Petition by Entrepreneur to Remove Conditions.

Keep in mind that U.S. immigration laws are based on federal statutes; therefore, we can assist you with your immigration needs no matter where you are located.

Our lawyers have assisted many entrepreneurs in purchasing businesses and investing in U.S. Business operations to qualify for an EB visa.

FOR MORE INFORMATION ON U.S. IMMIGRATION OR ASSISTANCE WITH YOUR IMMIGRATION NEEDS, PLEASE CONTACT: 952.746.2153 or visit Work Visa Lawyers.

About The Author

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at Work Visa Lawyers.

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