If you are planning to immigrate to the United States, then you should know more about the bureau citizenship and immigration services in the US that handles immigration-related issues. More specifically, it is called the USCIS (United States Citizenship and Immigration Services). Being informed about the bureau citizenship and immigration services will help you a lot to realize your immigration plans. This is because they are the US government organization that makes decisions on the majority of immigration cases. Your understanding about how the bureau citizenship and immigration functions will help your immigration to America, your chances of obtaining a Green Card, and even your likelihood of becoming a US citizen.

The bureau citizenship and immigration services in the US officially started operations in March 1, 2003. The US INS (Immigration and Nationalization Service) transitioned their benefit and service functions to the DHS (Department of Homeland Security). The bureau citizenship and immigration services was created as a result of the transition and it is now commonly known as the USCIS. The USCIS is the organization that makes the decision on cases where the person immigrates to America based on investment, profession, or a family petition.

The US “bureau citizenship and immigration services” is an agency in the government that covers a wide range of immigration concerns as well as citizenship matters. Because of the broad nature of the bureau’s tasks, the USCIS has 15,000 contractors and federal employees working for it. The bureau citizenship and immigration services also has headquarters along with field offices scattered throughout the world. In fact, the total number of USCIS field offices and headquarters is more than 250. This is really a good thing for everybody because you know that if you plan to immigrate to the US, you can get in touch with them in your own country. However, the USCIS still lacks manpower for dealing with all the applications it receives on a daily basis and this has resulted in a dramatic increase in the backlog.

The bureau Citizenship and Immigration Services currently has plenty of backlogs. By the end of fiscal year 2003, it was estimated that the US bureau Citizenship and Immigration Services had a backlog of 6.1 million pending applications. Recent efforts to deal with the backlog have reduced it to 4.1 million pending applications at the close of fiscal year 2004. (Source: http://www.migrationinformation.org) The bureau citizenship and immigration is in the process of formulating major policy changes aimed at reducing a ballooning immigration backlog, some of which are standardizing the test criteria, granting permanent residency to tens of thousands of applicants, whose fingerprints have cleared the FBI database of criminal convictions and arrests but before the FBI had completed a required background check.

However, there is always a gap between formulation and execution of policies. The goal of the bureau citizenship and immigration services is to decrease the backlog may take some time before it is implemented and it is obvious that during this period the number of backlog will increase considerably. Under these circumstances it is only natural to expect that your petitions for immigration and citizenship processes will take a few months. This is why it is so important to do things right from the very beginning to avoid requests for further evidence and documentation from the USCIS or worse yet, being denied the visa or Green Card and having to start all over again.

In view of the current reforms that are expected to be implemented, it is advisable to contact an immigration attorney in regards to your immigration and citizenship concerns. An immigration attorney has the necessary knowledge and expertise and will be able to guide you in the proper direction. They will be able to tell you what exactly needs to be done and when it needs to be done. It will help smoothen your immigration and citizenship application process and save you time, money and some serious headaches in dealing with the intricate and constantly changing laws of bureau citizenship and immigration.

By: Sonia Munoz

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What’s in a name? Not long ago, choosing a law firm name was easy. Take your name, stick “Law Offices of” at the beginning, and voila – you’re in business. But nowadays, with the legal market saturated as it is, you might want to think twice before going with the old standby. Your name says a lot about your firm. It is the first thing that people see when they find you, whether it’s on the internet, in the phone book or walking by your door. So why not take the time to make a good first impression?

Location, location, location. Where you open up shop is just as important as what you call your firm. If you are a litigator, open up next to the courthouse. If you are a real estate lawyer, rent space in a building where there is a large broker. You want to open your law firm in a location that gives you the most opportunity to create business and get clients.

Entity or bust. Choose the correct business entity for your firm. Do you want the freedom of a sole proprietor? Or do you need the liability protection allowed by a corporation? What if you want the tax benefits of a partnership? These are only a few of the many questions that you need to answer, which brings me to the next consideration.

Taking care of business law. Consult with an attorney. A business lawyer knows more than you do. Even if you are a business attorney, an outsider provides unbiased perspective. In any event, it is always a good idea to have your questions answered and to talk out your business plan with someone else.

Go for it. There is a tendency to try and learn everything about something before trying it. But it’s impossible to know everything about starting a law firm, and running a business. So do your planning, trust your instinct and make the leap of faith. If you don’t, then you will always regret it.

By: Ernie Trimnal

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As an HR professional, how many times have employees asked you for assistance in renewing a driver’s license? Believe it or not, this question comes up often with foreign workers in the U.S. Although it is not a requirement that a driver’s license be valid if provided in support of Form I-9 for employment eligibility verification, an expired license can result in the inability to drive and potentially the inability to work.

Most states require that applicants for driver’s licenses establish both identity and legal presence. The list of acceptable documents varies by state. Check with your local motor vehicle department for a complete list of acceptable proof of identity and legal presence.

In some states, a driver’s license for a foreign national will be issued only for the duration of that person’s legal stay in the U.S. So what happens when the legal stay expires while a request for an extension is pending? We see this issue frequently with the increased processing times for extension petitions, even in cases where an extension is filed on the earliest possible date.

One option is to use the expedited Premium Processing service if this is available for the type of extension requested (including, but not limited to, H-1B, L-1, TN). This raises the issue of who should bear the cost of the expedited service ($1000). If the license is not a requirement for job performance, this is a cost that the employer may request that the employee bear.

If the foreign national has a valid Advance Parole travel document, one option for that employee is to have her exit the U.S. and reenter to obtain a new I-94 arrival/departure card. The new I-94 card should reflect an expiration date of at least one year from the date of entry. If a valid I-94 card is acceptable proof of legal presence (and it is in most, if not all states), she will be eligible to renew her license for a one year period.

Having a valid driver’s license is important for most everyone, not only for the purpose of mobility but to also establish identity. Navigating the rules for driver’s license eligibility can be confusing. If you have questions about driver’s licenses for foreign workers, please contact an immigration attorney.

By: Jerry Erickson

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The Department of Homeland Security has approved new regulations expanding the scope of the US-VISIT program. Effective January 18, 2009, all permanent residents entering or exiting from an air or seaport in the U.S. will now be subject to providing 10 fingerprint scans, photographs and other biometric identifiers.

The US-VISIT program has been in effect since 2004 and has been applied to visitors and non-immigrant’s upon their entry and/or exit from the US. Beginning January 18, 2009, all permanent residents entering or exiting from an air or seaport in the U.S. will be subject to the new requirements. Those traveling by land, may have a brief reprieve and will only be required to provide fingerprints if you are referred to “secondary inspection”, according to the Department of Homeland Security. At this time, not all land ports of entry have ten-fingerprint scanning capability, but this is expected to change within the next month. The bottom line is that those subject to US-VISIT should be prepared for potential delays in travel.

On a practical note, it is very important for lawful permanent residents who have any criminal convictions to be aware that this information will likely be detected during the US-VISIT exit and re-entry. If you fall into this category, you will need to be prepared to present substantial evidence to prove that you should be legally admitted back into the US. There is no guarantee that you will be admitted and as such, it is imperative to consult with an immigration attorney prior to your departure.

The above information is provided for informational purposes only. The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys. An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

By: Jerry Erickson

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Miami Florida is one of the largest cities in the Gulf States. The city is also a melting port for many cultures especially those of the Caribbean lands. As such, many immigrants seek to settle here solely due to the city’s cultural diversity and hospital all-year tropical weather. In many cases, many Miami immigrants also find themselves at a dilemma when it comes to navigating the country’s complex immigration laws which keep changing. It is here that legal help is needed. But unfortunately, since many of them come into the US to seek a better life economically, they do not have the funds to pay a competent lawyer.

How to find free immigration lawyers in Miami

We all know that legal fees can be quite astronomical especially where they pertain to immigration. Immigrants in the Miami area sometimes find themselves in dire straights and in need of quick help. One of these quagmires can be an arrest by ICE (Immigration and Customs Enforcement) police. Agents from this department are usually tasked with identifying and apprehending immigrants whose legal status is questionable. Without legal help, detention can quickly turn into removal and the immigrant may end up being physically ejected from the country. So with law firms charging an arm and a leg for legal immigration help, are there lawyers or legal firms that can provide free immigration help to immigrants who are economically challenged?

The answer is yes.

Because Miami is very ethnically diverse, there are many different immigrant groups that have their own organizations that help with legal issues. For instance, Cubans have organizations of their own and so do people who hail from the Caribbean. There are also many Hispanic immigrant volunteer groups that help the Hispanic community. The key is to find whether your own ethnic group has any organizations that help people from your own country. In many cases, these organizations help anyone regardless of whether they hail from the group’s ethnicity or not. There are also many church groups which help immigrants in Miami.

Another technique is to check whether there are any lawyers within one’s own ethnic group. Again, many immigrant groups have their own lawyers who while legally bound to help anyone who has been detained by ICE and is need of a bond release. These lawyers also help anyone regardless of their national origin. But being ethnically connected to a certain group, these lawyers are familiar with the group’s unique needs and are well positioned to offer free immigration help in Miami.

By: Jimmy Jamm

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A K-1 fiance visa is meant for a foreign national who is engaged to a US citizen, and is planning to immigrate to the USA, get married and settled there. There are a series of steps and conditions to be followed to obtain a K-1 fiance visa. Only a US citizen is eligible to file a K1 fiance visa petition. So, when you need legal advice regarding the K1 fiance visa processing, it is better to avail of the assistance and support from an expert level law firm that takes care of K-1 fiance visa processing. In the present scenario, a number of law firms are providing K-1 fianc?/fianc?e visa attorney services.

K-1 fiance visa attorneys at these law firms take care of all the formalities required to bring your fianc? to the United States without delay. They will assist and work for you diligently and wholeheartedly, every step of the way from start to finish.

Some of the core services rendered by the K-1 fiance visa attorneys include:-

o Full appraisal of your personal circumstances

o Personalized guidance and support in gathering supporting documents to present your case to the immigration authorities

o Processing all the forms necessary for filing

o Provide help in assembling the petition package

o Submission of your visa application to the United State Citizenship and Immigration Service (USCIS)

o Communicate with the Embassy, if necessary

o Monitor the progress of your case and provide you with the updated information regarding the status of the case

o Give expert advice on how to handle yourself for your immigration / visa interview.

o Follow up with the USCIS until your petition is approved

o Follow-on support after marriage

If you wish to access more information about the K-1 fiance visa attorney services, then you can find endless options on the web. Find a qualified law firm to receive top notch services offered by the immigration attorneys for your K-1 fiance visa approval.

By: Reva Cruz

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One of the most common methods of applying for permanent residency in the U.S. is the green card through marriage application. Foreign spouses of U.S. citizens are eligible to submit a green card through marriage application based on their marriage to their U.S. citizen spouse. Unlike other family members, a spouse is considered an “immediate relative” and therefore is not subject to a wait for a green card. In addition, an immediate relative application, such as a marriage green card application, is one of the few immigration applications that provide a “cure” to certain immigration violations, such as unlawful presence or overstaying a visa. This “cure” is particularly attractive to those who are out of status or who have violated their status. In fact, for many foreign nationals, the marriage to a U.S. citizen is their only option of becoming a permanent resident U.S.

It should be noted that a green card through marriage application is not without risks. If not pursued with a high degree of care and caution, the results can be quite harsh. Consequences range from financial loss from application filing fees and a delay of processing to immigration court and removal proceedings, and in some rare cases, criminal prosecution for those whose marriage is not “bona fide”. For these reasons it is imperative to pursue your application with the highest amount of care possible.

Please see the below for 5 things every person should consider when applying for a green card through marriage:

Your marriage must be “Bona Fide”: The marriage between you and your spouse needs to be real and entered into for love. The marriage cannot have been entered into for the purpose of receiving a green card or evading any provision of immigration laws. Marriage fraud is a federal crime and each spouse is potentially subject to a penalty of five years imprisonment and a $250,000 fine. The non-U.S. spouse will likely be deported and banned from the U.S. for 10 years. The marriage must be legal: This means that both parties are free to marry, all prior divorces have been legally recognized, and the marriage is recognized as legal in the jurisdiction where it took place. You must have entered the country with inspection: This is important because if you entered the country without being inspected, you are generally (245(i) may help you out) not eligible to submit an application as an immediate relative through marriage. Likewise, if you entered the U.S. as a crewman you can also not submit an application based on marriage. You must be admissible: This is particularly important as committing certain crimes may make you ineligible for the process. In addition, partaking in certain illicit activities or admitting to certain activities may also make you inadmissible. You should understand the implications of being out of status: While it is true that a green card through marriage application can cure unlawful presence or overstaying a visa, it can also cause you to be put in removal proceedings if your application is denied. This is why it is so important to carefully prepare your application. A denial for a simple error could result in immigration court and a whole other slew of issues requiring more time and money.

The above is by no means exhaustive and is only meant to give you an idea of some things to think about when considering the marriage green card process.

By: Douglas M. Lightman

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Immigration law is confusing at its best and ridiculously complex at its worst. However, if you are planning on coming to the United States as a temporary worker, you will need to apply for a nonimmigrant visa. Rather than run the risk of applying for the wrong category or trying to work without getting a visa at all, it’s best to consult with attorneys who know what they are doing. Highly trained in the complexities of immigration law, they will be able to help you through the application process. Even if you think you have a passing understanding of what is involved in the application procedure, an attorney can handle the details of each category for you.

If you are applying for work as a temporary worker, you would be applying for an H-1B1 visa. There are some requirements you must meet to be issued with one of these visas. For instance, this category of visa is attainable by foreign nationals who hold a minimum of a Bachelor’s Degree (or an equivalent) who would be employed in a specialty occupation that requires the degree. Employment is specific to a named employer and your firm’s HR department must file attestations to the US Department of Labor saying, among other things, that you are getting the proper salary for the position. You can stay in the US for six years in this classification.

With regard to those who need training in the US, an H-3 trainee visa can be obtained so long as the training isn’t meant to provide employment in the US. You can remain in the US for two years in this category.

If you’re facing a situation where you’ve been transferred from one company location outside of the US to another within the borders of the US, then you need to apply for an L-1A/L-1B intracompany transferees visa. This is only applicable if you have worked for the company for at least one year in the three years immediately before filing your application. The L-1A is for managers/executive, allowing up to seven years in the US, and the L-1B is for employees with specialized knowledge who can remain in the US for 5 years.

By: Sally Odell

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When you search for immigration information online you tend to find a number of immigration graphs available. These graphs have their own importance in the general immigration milieu.

Generally, immigration graphs present visually certain statistics regarding immigration-related topics. More specifically, these graphs can illustrate the number of people immigrating to the US, potential growth of a country’s population as a result of inflow of immigration, immigration history of a country, and more. These graphs may even show you a country’s rate of acceptance of immigrants and as it has changed throughout the generations. The US for example, accepts more immigrants from certain countries and less form others. Immigration graphs may essentially be useful indicators in regards to your likelihood of being admitted into the US as an immigrant.

The importance of immigration graphs is not only limited to person looking for information on immigration. The graphs are also important and frequently used by the government. Government agencies like the USCIS – United States Citizenship and Immigration Services as well other federal agencies in the US, have lots to gain from these immigration graphs. As a result, the statistics illustrated on immigration graphs are given proper attention by those involved. The data on the graphs are continuously updated and investigated. They also serve as a reliable resource for certain studies conducted in different fields.

The US government may even use immigration graphs to regulate the security of the country. The statistics can also be used to solve cultural or social problems and for allocating budgets.

Immigration graphs are also extremely useful for improving the services and processes involved in today’s US immigration system. The data collected can be used to educate processors and officers of the USCIS along with college students who are interested in pursuing a career in foreign service or Homeland Security. The data and statistics can also be used to restructure the current Immigration system and correct mistakes in the processing infrastructure of the USCIS. Immigration graphs can be just as useful to foreign nationals looking to come live in America as to American government officials looking to improve the systems currently in place.

Immigration graphs are an efficient way of tracking the migration of populations and nationalities around the world. There are even immigration graphs that predict US population using stable immigration and fertility parameters. These types of immigration graphs can even be useful since they forecast the amount of persons that will be alive in specific areas of the US, their age range, and their nationalities. These immigration graphs can be of extreme assistance to business owners since they are indicative of population demographics. They can save business owners a lot of money by showing them very helpful information about the people living in the US and even in other countries. This way the business owner can assure to sell products that are sellable to these persons and even market the product or service in ways that are welcomed and non-offensive in any way. These graphs are essential in predicting the market needs and the demand.

Immigration graphs can be extremely useful resources. Anyone considering potentially migrating to the United State should consult an immigration graph to learn more about immigration patterns. Through thorough consideration of the data, one may even guess the likelihood of being admitted into the US as an immigrant and obtaining a US Green Card!

By: Sonia Munoz

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Q. Do I actually need an E visa to reside in the United States if I own a US business?

A. Unless you are a U.S. Citizen or a U.S. Green Card holder, you must be in possession of a valid have a visa in order to enter the United States in Treaty Trader or Treaty Investor status. Further, all successful E visa applicants and their dependents are expected to present valid passports in order to be issued the visa, regardless of nationality.

Q. I received a change of status in the United States from U.S. Citizenship and Immigration Services (USCIS). Is that all that I need to present in order to be issued an E visa at the U.S. Embassy or U.S. Consulate?

A. No. The change of status simply allows you to remain in the United States until the expiration of the status granted. If you have been granted a change of status by USCIS and leave the U.S., you must have an E visa in your passport in order to return to the U.S. in that status. To obtain a visa you must lodge a complete application with the appropriate U.S. Embassy or U.S. Consulate. Adjudication of your case can vary from two weeks to six months, depending on which U.S. Embassy or U.S. Consulate is deciding your case.

Q. How much money do I need to invest?

A. There is no minimum amount for an investment. E-2 visa regulations state that the investment must be sufficient to ensure success of the business. As different types of businesses require different amounts of capital, the amount you will need to invest depends on your U.S. enterprise.

Q. Do I really have to invest the money before I apply for the visa? Can’t the United States government issue me the visa first?

A. E-2 visa regulations state that the funds must be “irrevocably committed” to the investment before the visa may be issued. Therefore, you must document that your investment meets this criteria at the time of initial application; this is usually accomplished by showing that the investment has already been made. Funds can be considered to be irrevocably committed, however, if they are held in an escrow account solely contingent on the issuance of an E visa.

Q. Must the business be trading at the time I lodge my E-2 visa application?

A. Yes. The relevant E-2 visa regulations state that the enterprise must be “real and active”. Most U.S. Embassies and consular posts interpret this to mean that the business must be actively trading at the time your E-2 visa application is lodged.

Q. How can I possibly start a business if I don’t have the visa?

A. You may enter the United States in B-1 (temporary business) visa status in order to set up (not run) your business. You may not be paid in the U.S. while in B-1 status. If your enterprise requires someone to manage or run daily operations, you may hire individuals who are already properly documented to work in the U.S. prior to receiving your visa. Once you have the initial commitments completed, you should apply immediately for the E visa.

Q. How long do I have to wait before I can apply for a “green card” or U.S. citizenship?

A. An E visa is a non-immigrant visa and does not lead to either a “green card” or U.S. Citizenship. You may remain in the U.S. only as long as your business conforms to E visa regulations, assuming you maintain proper visa and immigration status.

Q. Do I need an immigration attorney?

A. There is no legal requirement that you hire an attorney to lodge your E visa application. While many E Visa applicants choose to retain the services of an attorney to aid in the preparation of their case, others do not. It is to your advantage, however, to engage the services of a competent immigration attorney or law firm that is fully familiar with the specific procedures observed by the U.S. Embassy or U.S. Consulate in your home country. Failure to observe these procedures will certainly result in significant time delays, may seriously prejudice the outcome of your case, and may result in irreversible financial consequences.

Q. Where can I get information about good places to invest in the U.S.?

A. Please contact our office for more information.

Q. What licenses and permits do I need to open and run a business in the United States?

A. Licensing and permit requirements vary by state and county and with the type of business you wish to operate. For specific information, you should contact the appropriate government offices in the locality where you plan to start your business. Alternatively, you may retain the services of a law firm to make the required inquiries on your behalf.

Q. I already own an E company and want to employ someone who is not in the U.S. Can employees of an E company qualify for an E visa to work in my U.S. enterprise?

A. To qualify for an E visa as the employee of an E company, the applicant must have the same citizenship as the owners of the E company. Additionally, the job to be performed must be executive or supervisory in nature, or the employee must possess skills which are essential to the operation of the U.S. enterprise.

Q. Can my spouse and children work in the U.S.?

A. Effective January 16, 20002, dependent spouses of E visa holders are eligible to apply for work authorization from USCIS. Children of E visa holders are not permitted to work in the United States unless they independently qualify for employment authorization, such as an E, H, or L visa.

Q. My spouse (or child) uses a different surname than I do. Is that a problem?

A. A dependent whose surname differs from the surname of the E visa holder should have on-hand proof of the relationship (a marriage certificate for spouses or birth certificates for children, for example).

Q. Can my fianc?(e), common law or same-sex partner accompany me?

A. Under U.S. immigration law, a legal marriage must exist before one is considered to be a spouse. Therefore, fianc?(e)s, common law or same-sex partners do not qualify for derivative E visa status. Other avenues may be available to assist those applicants in such a situation. Please contact our firm for more details.

Q. My spouse and/or children are citizens of a country other than my own. Can they still accompany me?

A. The spouse and children (defined as unmarried and under 21 years of age) do not need to have the same citizenship as the principal applicant. However, dependents of E visa holders are required to have visas in order to accompany the principal applicant to the U.S.

Q. Will I have to appear before the U.S. Embassy or U.S. Consulate in person?

A. For all categories of visas, including Treaty Visas, each applicant age 14 or older must appear for a personal interview before a Consular Officer. In all cases, each applicant (including those under 14 years of age), must be physically present in the country of application at the time of issuance. Those applicants who are found to be ineligible for a U.S. visa for criminal convictions, immigration violations, drug charges, or other similar reasons may have to appear to determine grounds of ineligibility and applicability of a waiver for any such ineligibility. In such cases the applicant must be prepared for a wait of up to 180 days weeks while eligibility is confirmed and/or a waiver requested.

Q. How long does the processing normally take?

A. Processing times vary greatly between the various U.S. Embassies and U.S. Consulates. For example, the U.S. Embassy in Mexico City can process an E-2 visa case in one week, while the U.S. Embassy in London can take up to 6 months to process a case. Generally speaking, if your initial submission is not complete, then your case will not be officially “received” or it may be kicked back to allow you to provide the missing information. Upon resubmission of the case, it will generally be placed at the back of the processing queue. Please note that frequently an applicant’s submission will require clarification or additional information before the adjudicating officer can make a determination of eligibility. If this is the case, you (or your attorney of record) will be notified in writing.

Q. Will it speed up the processing if I send my passport to the U.S. government at the time that I lodge my application?

A. No. You should not send passports until it is requested by the U.S. Embassy or U.S. Consulate. Submitting passports early can delay the processing of your case.

Q. I paid $100.00 USD when I applied. Why is there an additional fee for issuance?

A. The $100.00 USD fee you paid at the time of application is called the Machine-Readable Visa (MRV) processing fee. This non-refundable fee is charged to all applicants for non-immigrant visas regardless of whether the application is approved. Once your case has been approved, there may be an additional fee for issuance of the visa. This fee is called a “reciprocity fee” and is determined by the fees that your country of citizenship charges U.S. citizens for similar visas. The E visa reciprocity fee for a Canadian citizen, for example, is currently $40.00 USD.

Q. I’ve read all this information, and I still have questions. Who can answer them?

A. Please review all of the information provided on our website for any general questions about the E-2 visa. If after reviewing the website, you find that your specific questions have not been answered, we invite you to contact our office by email or by telephone.

Q. I am a citizen of the United Kingdom. Are there any special requirements or restrictions are applicable to me?

A. The U.S. Embassy in London processes E visas for all of the United Kingdom. See the U.S. Embassy website for further details. To qualify for an E-2 Treaty Investor Visa, citizens of the United Kingdom must actually reside in the United Kingdom, and proof of this must be submitted as part of the E-2 registration and application process.

Q. I am a citizen of Australia presently residing in the United Kingdom. Must I lodge my E-2 visa application in the United Kingdom or in Australia?

A. A citizen of one of the other qualifying treaty countries who is resident in the United Kingdom may lodge an E visa application at the U.S. Embassy in London. The relevant treaty either may or may not allow one to lodge an application in ones home country. In the case of a citizen of Australia, filing in Australia is permitted and may save significant processing time. By contrast, a citizen of Spain residing in the United Kingdom is not presently allowed to file an E-2 visa application in Spain. Please ring our London office for more details about this.

By: Orlando Ortega-Medina

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