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Immigration Law

Immigration Law Answers Blog

News, Information, Opinions, and Online Resources for People with Immigration Questions.
By Robert Kraft

Post Frequency: 2.9/day

Last Entry: March 07, 2011 at 17:08:57

K Visas -- Fiancé Visas

Posted on January 17, 2008
In this Internet era, individuals are now entering Internet chat rooms and meeting other individuals with similar interests. Often, the two individuals reside on different continents. Internet chatting often leads to more serious and frequent communication, and sometimes a relationship flourishes...

Border Standoff Over Proposed Fence

Posted on January 17, 2008
CNN has written about the continuing saga of the Texas-Mexico border fence and the property owners denying the government access to their lands. This article discuss land owned by Eloisa Tamez. Here are excerpts:Michael Chertoff, the Secretary of Homeland Security, said the fence will not be stopped by opponents like Tamez...

Business Visitors -- The B-1 Visa

Posted on January 16, 2008
A foreign national who wishes to enter the United States ?on business? must first obtain a B-1 visa from the U.S. Consulate or Embassy in his or her home country. The B-1 visa allows the foreign national to enter the United States temporarily for business...

TN Visas ? For Mexican And Canadian Professionals

Posted on January 15, 2008
Citizens of Mexico or Canada may opt for a TN visa instead of being subject to the annual cap of the H-1B visa. The TN visas are similar to the H-1B visas in that the visa is designed for professionals that have attained the requisite education and experience...

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Silence In Wake Of Arizona's Immigration Law

Posted on January 14, 2008
Conservative columnist Linda Chavez has an interesting opinion piece in today's Dallas Morning News. She writes about the recently-passed immigration enforcement law in Arizona and reflects that the lack of use of the law indicates that citizens of Arizona understand they are better off with illegal immigrants than without them...

Employment-Based Visas For Outstanding Researchers

Posted on January 14, 2008
A U.S employer (typically a university or hospital) that desires to employ a professor or researcher who is ?outstanding? in an academic field may file an employment-based petition. To qualify as a ?priority worker - outstanding professor or researcher,? an individual must meet each of the following evidentiary requirements set out in 8 CFR §204...

How Do Legal Immigrants Get Social Security Numbers?

Posted on January 12, 2008
This information is excerpted from the U.S. government's Social Security Administration Web site, and explains to non-citizens how they can legally obtain Social Security numbers. For more detailed information visit the SSA Web site.How do I apply for a Social Security number and card? In general, only noncitizens who have permission to work from the Department of Homeland Security (DHS) can apply for a Social Security number...

Have Your Passports Ready!

Posted on January 11, 2008
The following information is available on the Department of State's Web site. Implemented on January 23, 2007, all individuals traveling by air between the United States and Canada, Mexico, Bermuda, and the Caribbean region are required to present a passport or other valid travel document to enter or re-enter the United States...

Indian Professionals: The United States Doesn't Want You

Posted on January 10, 2008
From the February 2008 Visa Bulletin comes this sad and disappointing notice:INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME ?UNAVAILABLE? Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months...

USCIS Application And Receipting Update

Posted on January 10, 2008
This is the latest information from USCIS about the current filing backlog: U.S. Citizenship and Immigration Services (USCIS) advises customers that processing of fee payments and entry of cases into our tracking system remains behind schedule due to the tremendous increase in the number of applications filed...

The U Visa -- For Victims Of Criminal Activity

Posted on January 09, 2008
The Victims of Trafficking and Violence Protection Act was passed in 2000 creating the "U" nonimmigrant classification. The U visa is available for undocumented immigrants who have suffered substantial physical or mental abuse as a result of having been a victim of a criminal activity...

Apply Early For H-1B Visas!

Posted on January 08, 2008
H-1B visas are work visas that allow foreign nationals to temporarily work in the United States for a U.S. employer. A U.S. employer may petition a foreign national under the H-1B classification that specifically applies to individuals in a "specialty occupation...

USCIS Reaches H-2B Cap For Second Half Of Fiscal Year 2008

Posted on January 07, 2008
Unfortunately for those employers who can't find U.S. citizen workers for non-agricultural temporary employment, the government has announced that the quota has already been reached for H-2B workers for the second half of fiscal year 2008. This means that no one else will be allowed to apply for jobs in the United States if the starting date of employment is before October 1, 2008...

For Republicans, Contest's Hallmark Is Immigration

Posted on January 02, 2008
The Washington Post reports today on the exceptional prominence of immigration in the campaigns of the Republican presidential hopefuls. Here are excerpts:The imagery of the mailings is designed to pack a wallop: a Mexican flag fluttering above the Stars and Stripes, the Statue of Liberty presiding over a "Welcome Illegal Aliens" doormat, a Social Security card emblazoned with the name "Juan Doe," a U...

2007 Dallas Morning News Texan of the Year: The Illegal Immigrant

Posted on December 30, 2007
The Dallas Morning News came up with a surprise today -- the newspaper has named as Texan of the Year for 2007, the "Illegal Immigrant." This followed a long countdown, in which the paper named various Texans who figured prominently in news stories this year...

Religious Workers - R Visa

Posted on December 22, 2007
A religious organization in the United States may sponsor an individual from another country who has been a member of a religious denomination for two years immediately preceding the filing of the application. If the appropriate Petition and supporting documentation are submitted, the individual may qualify for a nonimmigrant R visa...

Battered Spouse, Parent, Or Child ? Steps Towards A Successful VAWA Petition

Posted on December 20, 2007
A spouse, child or parent who has been subject to extreme cruelty or battery by a U.S. citizen or lawful permanent resident (LPR) spouse or parent may file a Violence Against Women Act (VAWA) self-petition. VAWA petitions are available to the victims of domestic violence and may be either male or female victims...

Immigration Is Number One Concern For Iowa Voters

Posted on December 19, 2007
According to an article in today's Washington post, immigration is the number one issue among potential voters in Iowa's Republican caucus next month. I don't doubt the Post's polling, but that is amazing to me. With all our economic woes, a crisis in education, crime in the streets, and ongoing wars in both Iraq and Afghanistan, I don't see how people could put immigration at the top of their list of things to worry about...

USCIS Proposal Would End Some Green Cards

Posted on December 11, 2007
From the Brownsville Herald comes a story about a recent USCIS proposal to require holders of old green cards with no expiration dates to turn them in and get a newer version. The stated reason for the proposal is to allow USCIS to get current personal contact information on these green card holders...

Anti-Immigrant Group Ranks Presidential Candidates

Posted on December 10, 2007
Thanks to Greg Siskind for pointing out this page of the Web site of the Americans for Better Immigration, an anti-immigrant group. The ABI has rated all the presidential candidates on their positions on immigration reform and enforcement. Of course, many of us strongly disagree with the philosophy of the ABI, but this rating system does let us learn about the candidates' positions and make our judgments accordingly.

Irving, Texas Losing Students Due To Immigration Crackdown?

Posted on December 10, 2007
The Dallas Morning News had an interesting story Sunday about the declining student population in Irving, Texas. Speculation is that the decrease, which will cost Irving money in state funding, is due to the city's crackdown on illegal immigrants. As you know, Irving has been reporting to Immigration Services whenever an undocumented alien is stopped for a traffic ticket or for any other criminal offense...

Attention Frequent-Flyer Residents!

Posted on December 07, 2007
Generally, a lawful permanent resident (LPR) must have continuous residence in the United States for five years (or 3 years if married to a U.S. citizen) in order to be eligible for citizenship. Continuous residence in the United States does not mean that an LPR cannot leave the country for the entire five years (or three years if married to a USC) in order to qualify for citizenship...

Two New USCIS Training Centers To Open In North Texas

Posted on December 06, 2007
The Dallas Morning News reports today that two regional training centers will open in Dallas in January for new employees of U.S. Citizenship and Immigration Services, a government agency swamped by naturalization petitions. Excerpts:The move comes as the agency hires 1,500 additional employees nationwide to deal with a surge in citizenship applications...

One-Third Of Americans Think Illegal Immigrants Should Be Denied Social Services

Posted on December 06, 2007
An article in the Los Angeles Times today says that one-third of Americans think that illegal immigrants should be denied basic social services. On the other hand, 60% of Americans are in favor of a path to citizenship for immigrants who are here illegally but have not committed crimes...

Construction To Begin On Border Fence

Posted on December 05, 2007
The Dallas Morning News has an article today stating that in 2008 construction will begin on approximately 150 miles of fencing along the Texas-Mexico border. This fence project has been the subject of heated debate in the border communities. The fear is that a fence, which will of course have to be built on the Texas side of the Rio Grande, and not in the river itself, will have both environmental and economic adverse effects on Texas and Texans...

Immigration Humor -- Our Founding Illegals

Posted on December 02, 2007
My thanks to Greg Siskind for this very funny video about "Our Founding Illegals." Click the arrow twice to view it.

Don't Forget To Remove Your Conditions!

Posted on November 29, 2007
If a foreign national is married less than two years to a U.S. Citizen, the alien spouse may be granted conditional permanent resident status in the United States from the time residency is granted. Is there a difference between permanent residence and conditional permanent residence? No...

Bush Administration Backing Down From Announced Plan To Punish Employers

Posted on November 26, 2007
The New York Times is reporting that the Bush administration is backing down from the announced policy of punishing employers who hire illegal immigrants. The proposed rule was to enforce so-called "no match" letters from the Social Security Administration by prosecuting employers who did not fire employees whose Social Security numbers did not match the database of the Social Security Administration...

Holiday Gift Guide For Lawyers

Posted on November 26, 2007
My friend Reid Trautz is is the Director of the American Immigration Lawyers Association (AILA) Practice and Professionalism Center, where he provides ethics guidance and practice management information and consulting services to AILA members to help them improve their businesses and the delivery of legal services to their clients...

USCIS Reminds Employers To Start Using New I-9 Form

Posted on November 24, 2007
Yesterday, USCIS issued a reminder to employers about the new I-9 form, which must be used beginning December 26, 2007. Here is the text of the reminder: USCIS Reminds Employers to Transition to New Employment Eligibility Verification Form by Dec. 26, 2007 WASHINGTON ?U...

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