JCOHS Lawyers and Attorneys

Getting immigration permission from the high commission of USA or any other country can be a boon for those people, who are planning to settle abroad. Every year, a variety of people try their best to attain the immigration visa of the country they wish to migrate. Be it US, UK, Canada or Australia, the main aim of the immigration attorney is to handle the cases of the foreigners visiting the particular country. Immigration is a very complex task and it takes time to get a particular type of immigration visa. If you are willing to immigrate to a foreign country, immigration attorney helps you in every possible manner to handle the issues related to this matter.

An Immigration lawyer new york or anywhere else is meant to guide his clients at all the stages of carrying out this legal process. Immigration attorney can be the best friend of his client and save him from all the odds and problems that may come in his way. Usually, the job profile of the immigration attorney involves the handling of documentation, legal consultation and representing the client in the court of law. The immigration attorney has to check that all the paper work of his client is updated, so that no question can be raised on his immigration to that particular place.

The problems related to immigration are handled efficiently with the help of the best attorney lawyer. There are various cases and types of issues that are handled by an immigration attorney. Adoption of a child from other country, matters related to immigration visas, migration to a particular country with concern to education and various other issues are handled proficiently by an immigration attorney. The immigration attorney understands the fact that his client is important to him and they should be directed towards the right pathway.

If you are stuck in a problem related to your immigration and are trying to find an immigration attorney, then searching out the directories on the internet is an option for you. Looking out for the attorneys on the net can save your valuable time. The main thing is that the attorney has to keep a track of all the details related to immigration case of his client. Your immigration attorney can be the most reliable person for you, if you make a careful selection. In order to make the careful selection of an immigration attorney, you have to go through his track record. He should have enough experience to handle your case properly.

The immigration laws are not always static and keep on fluctuating. It is always mandatory for the immigration attorney to keep abreast of all the laws and rules, so that he can help his client in every possible manner. After all, the reputation of the immigration lawyer is at stake, when he is handling a complicated case. Apart from this, the client’s trust is always rested on the immigration lawyer. So, if your have landed in a problem related to immigration, the immigration lawyer can be your life saver.



By: Hadiya Robins

About the Author:

As an immigration lawyer for 30 years I most often hear the following 4 questions from immigrants looking to reunite with their family members.

When you are looking to reunite your family, you are looking for speed and a minimum of hassles. Yet, for better or worse, immigration based on a family relationship is a difficult and complex area of immigration law.

Here are answers to 4 of the most frequently asked family immigration questions:

Is there a cap on family based immigration?

It depends on the category of sponsorship. There are caps in certain areas and no limitation under other categories. Furthermore, if an applicant does not qualify as an immediate relative, they may apply under one of four categories. Experienced immigration attorneys are invaluable in family based immigration because they understand the shifting landscape of immigration law and can frequently speed-up the immigration process.

Is it better to process an application for my fiancee in the United States or in his/her country of residence?

While it is better to process an application in the U.S., be aware that as a general policy, the USCIS carefully scrutinizes the “spouse” family-sponsored preference category because of the opportunity for immigration fraud through forms of invalid and nonviable marriages.

If my loved one is currently living abroad, how soon can they come over to the U.S?

The critical question here is whether you entered the U.S. legally. If yes, an attorney can help you make decisions on the best approach for them to enter the U.S. If you are here, illegally, an attorney cannot help you with an entry visa but can discuss the latest regulations under amnesty or guest worker options.

I have older parents and I am becoming concerned about them. How can I take care of them?

The most straightforward way is to start with a visa process. Your parents can come to visit you for 6 months on a visitor visa as an example.

What is the value of U.S. citizenship versus remaining a permanent resident?

There are many advantages to U.S. citizenship and one of the benefits is that U.S. citizens can sponsor their parents (short wait) or brothers/sisters (very long wait) for immigration but permanent residents cannot. There is no waiting period for a U.S. Citizen to sponsor a spouse.

You probably have plenty of additional questions regarding family, spouse and fiance’ immigration and are not sure where to turn. Relax! You can download a more detailed and informative report on family immigration for free at Chicago Immigration Lawyer Family Immigration.

For a large list of other free immigration resources you can visit Immigration Lawyer Chicago.



By: Ron Shapiro

About the Author:

 

Canada immigration is usually based on non – discriminatory principles. According to some survey there are round about 200 million international immigrants present. And out of them 50% of them are illegal. The world wide immigration is increasing day by day.

Some of the people who are migrating are taking help of Lawyers, some agents and so on. But the legal guidelines and proper way is to take the help of Lawyers. The main reason is that they are totally well known by immigration law and new US immigration laws and the other reason is that immigration law and society doesn’t help and not even support illegal immigrants.

There are two ways of applying to migrate US or Canada. You can do all the work yourself and save a lot of money, or you can pay an Immigration Lawyer between US$1,000 to US$3,000 or more to prepare the files for you. Talking in general this is the good and a legal way to undergo the immigration process.

The person who is going to apply for immigration is assessed using a pointing system. An applicant is assessed under the federal skilled worker class based on various factors. The other thing to be assessed is that the financial background is sound or not because they want to make sure that the applicant is capable to settle down in Canada properly or not. Ideal applicants should possess employment skills. They are having efficient experience. The applicants applied for Government Job Offers are approved quickly if selected. Canada allows immigrant under Business immigration process which includes three factors Investors, Entrepreneurs and Self-Employed.

But most immigrants who Plan their immigration with proper research and knowledge of immigration laws and procedures are normally able to achieve their immigration goals successfully. Their immigration plan is similar to a good business plan. Their every immigration step is pre planed and anticipated. They know their limitations of resources and set realistic immigration targets to be achieved.

So the conclusion of the whole article is that if immigration is to be done legally then the person is to take the help of the legal Lawyer or the legal consultant.



By: Andy Semotiuk

About the Author:

Classes of Parent Visas

There are 4 subclasses of current visas that can be applied for by parents outside Australia namely subclass 103(Parent), subclass 118(Designated Parent), subclass 143(Contributory Parent) and subclass 173(Contributory Parent (Temporary)).

There are also 4 subclasses of visas that can be applied for in Australia namely subclass 804(Aged Parent), subclass 859(Designed Parent) and subclass 864(Contributory Aged Parent) and subclass 884(Contributory Aged Parent(Temporary)).

Subclasses 173 and 884 are temporary visas and the visa applicant when he or she arrives in Australia is required to lodge another application for a permanent resident visa within 2 years.

Visa Application Charges

The current visa application charges for parent visas comprise of a first instalment and a second instalment. For onshore applications, the first instalment is currently $1,935.00. For offshore applicants the first instalment is currently $1,305.00. The second instalment of the visa application charges is $1,135.00 for each applicant for a non-contributory visa and for contributory visas is $16,710.00 for temporary visa applicants and $27,850.00 for permanent visa applicants and $1,205.00 for applicants under 18 years. These charges generally are adjusted every 6 months and need to be checked before any planning or commitment is made.

Assurances of Support

The assurance of support for contributory parent visas is $10,000.00 for the main applicant and $4,000.00 for secondary applicants whereas in the non-contributory parent visa applications, the assurance of support is $3,500.00 for the main applicant and $1,500.00 for every adult secondary applicant.

Other Conditions

Other conditions that the applicants have to satisfy are set out in Schedules 1 and 2 of the Migration Regulations and advice needs to be obtained in relation to the circumstances of each separate parent.

Quotas

In the non-contributory category parent visas, in 2003/2004, the quota was 1,500 places and in subsequent years the quota is 1,000 places per year.

In the contributory parent visa category the quota for 2003/2004 was 5,500 places and in subsequent years quota is 3,500.

The Department of Immigration and Multicultural and Indigenous Affairs informs all applicants for parent visas in writing when they have been placed in a queue. Further the Department of Immigration and Multicultural and Indigenous Affairs provides a link on its website -

www.immi.gov.au\migration\family\parents\parents.htm

so that queued parents can calculate their approximate position in the queue.

Place of Processing of Parent Visa Applications

All parent visa applications are to be lodged with the Perth Offshore Parent Centre of the Department of Immigration and Multicultural and Indigenous Affairs by mail at Locked Bag 7, Northbridge, WA 6865 Australia or by courier at 411 Wellington Street, Perth WA 6000, Australia.

Priority of Processing of Visas

Generally applications for visas for parents of Australian citizens have a processing priority over applications for visas for parents of Australian permanent residents and eligible New Zealand citizens. Further parents who have a majority of their children living permanently in Australia have a processing priority over parents who do not. However, each case is treated on its own set of facts and the case officers can exercise a great deal of discretion.

Visa Processing Times

For the non contributory parent visas there is a queue of over 10,000 people and therefore any visa applications lodged now may take an extended period of time to process depending on your particular case. For contributory parent visas, the processing time if all documents are in order is about 11 months.

Conclusion

Thus there exists a dilemma for parents wishing to migrate to Australia do they wish to pay the higher second instalment visa application charges and assurances of support for contributory parent visas as opposed to the non-contributory parent visas. Another complicating factor is that the quality of an application can depend on how much effort applicants are willing to put into preparing or having prepared a valid application for parent visas bearing in mind the lengthy, complicated and multi-documented visa application process.



By: Frank Egan – LAC Lawyers

About the Author:

Many people dream about migrating to US for better future. People believe that in case of some problems all types of Social Services are there to help them when they need money or any type of assistance. They think that USA is the land of the opportunities.

Little do they know that most blue collar workers will work 40 years for a company and then social security may provide them with enough for rent and that’s about it. USA countries lack in Immigration lawyer services. They are very expensive. Not much people about the reality. They learn nothing of the realities so they pack up and move to US (New York). Of course the reality is a bit bitter to chew but by that time it is too late.

If these foreigners were educated about the realities of New York, then many of them will not head towards this country. Let them know what it is like for the working class at retirement in the US. The only way they will be able to live a good life over here is if they invest and save a large part of their earnings. People believe that USA is a flashy country for all aged people as what they see in media. They are seldom prepared for the reality of what is in store for them over here.

It is still believe that US (New york) as this great land of opportunity where the citizenries take top priority. But this is not in all the cases. If they would take the time to establish some type of communications with a citizen here first then they might learn that things are not that great over here also and they feel a little disappointed. This is where USA failed big time, by letting our neighbors believe that we are all living this great citizenship NY Dream life.



By: Karl Garcia

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Immigration to the United States is great, but the question of staying in the country comes up and that can be a bear to figure out. Immigration laws, are complex and are not easily understood. Most times, only a trained immigration attorney will be able to help. Many people misrepresent themselves, so make sure your search for an immigration attorney is thorough.

Make sure your lawyer can solve your problem. You are not a number, and your concerns and fears are important in dealing with your case. Good attorneys can relate the information in a way that you can understand, and in a way that will not embarrass you.

Choosing a good immigration attorney is not always easy, as there are many who would portray themselves as being knowledgeable in the area, but aren’t. Working with someone who doesn’t know, can cost you money, and delay or make your situation worse.

When looking for a qualified immigration lawyer, there are certain things you should look for right away. Make sure your attorney is actually licensed to practice in a US jurisdiction and is in good standing with the State Bar. It sounds like common sense, but there are many who have unwittingly ended up working with those not registered or have good standing with the State Bar.

Integrity and reputation is important. Check around and get references. If you can’t get references, walk away. Find out if the lawyer you are considering primarily practices immigration law. If their focus is criminal or divorce law, another attorney had better serve you. When you check references, make sure you speak with people that have the same kind of immigration needs that you have.

They should also give you a clear-cut answer on what it’s going to cost you to deal with them. And last, but not least, they should not give you a guarantee of success but simply indicate they will work for you and with you to do the best they can given the system.

There is no specific requirement for having an attorney prepare those documents for you, but not doing so can set you back months or years.

Becoming a part of the United States Citizen population can be a very rewarding and exciting experience. Living the American dream is what we are all looking for. Take the time to deal with your immigration correctly, and work with an attorney to make sure you do things right.



By: Matt Chang

About the Author:

In the majority of these cases, the alien wants to stay with their spouse in the US and not have to return to their home country in order to obtain an immigrant visa.  Let us discuss some of the scenarios, and the possible ramifications of each, as well as discussing briefly the procedures that will have to be followed in order to file for permanent residence (green card).

1. Entering the US with the specific intention of marrying and then filing for adjustment of status.  This is probably the most common situation and can often lead to the greatest problems.  It must be remembered that a person entering the US on a visitor visa, or visa waiver, is coming for the purpose of a brief visit, and they intend to return to their country prior to the expiration of their authorized stay in the US.  Therefore, if they are really coming to marry a US citizen and then file for adjustment of status, they are not bona fide visitors for pleasure.  As such, they are impliedly, if not specifically, misrepresenting their true intentions when they apply for entry to the United States.

If the US Immigration officer at the port of entry knows that they are not really coming to visit, but rather intend to stay permanently in the US, they very likely could be denied entry and required to return to their home country, where they will have to apply for their immigrant visa.  There is also the possibility that the immigration officer could actually place the individual in removal proceedings, which could require them to obtain a waiver if they later wish to return to the US.

Even if the individual enters the US without any difficulty, a problem could still arise at the time that the individual appears for their adjustment of status interview.  Again, if the immigration officer learns that the alien misrepresented their true intention at the time of entry, the officer could require the alien to file for a waiver of inadmissibility, which could be denied in the exercise of discretion.

There is case law that states “in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.”  This is particularly true “where substantial equities are present in the case.”  However, the Board of Immigration Appeals has also held that “entry into the United States as a nonimmigrant with a preconceived intention to remain is a serious adverse factor.”

Based on the foregoing, it should be clearly understood that there is always a risk involved when entering the United States for the purpose of marriage to a US citizen and then filing for adjustment of status, although in the majority of cases, the application will nonetheless be approved, especially where there are substantial equities and no other adverse factors.

2. Entering the US to visit and then deciding to marry and file for adjustment of status.  In this scenario, the non-resident alien is coming to the US to visit a friend and, after they have been here for a while, the couple decides to get married and the alien files for adjustment of status.  In this situation, the alien is less likely to encounter the problem of the person who entered the US for the specific purpose of marrying and filing for residence.  However, in this situation, the alien should be prepared to show that he or she entered as a bona fide non-immigrant, either with a visa or on a visa waiver, and only decided to marry and file for adjustment after entry to the US.  Naturally, the more time that passes between the entry and the marriage, the easier it will be to prove non-immigrant intent at the time of entry.

3. Entering the US to marry a US citizen, and then returning to your country to consular process.  This situation is perfectly legitimate, but can often cause serious problems to the alien.  The most obvious problem is that the INS officer at the port of entry may not believe that the alien will in fact return to his or her country after marrying the US citizen.  Therefore, what often happens is that the alien is denied entry and must go back to their country and have a fiancé(e) visa petition processed on their behalf.

4. Entering the US, getting engaged, and then processing a fiancé(e) visa through the consulate.  This is a common situation, and is perfectly legitimate.  The alien enters the US to visit his or her friend, and then they decide to marry.  For various reasons, the alien does not wish to marry at this time, and wants to return to his or her country.

In this situation, the US citizen would file a fiancé(e) petition (Form I-129F) with the Immigration Service.  Once the petition is approved, it is forwarded to the US consulate where the alien resides, and he or she will apply for a K-1 visa.  Once the alien enters the US, he or she MUST marry the petitioner within 90 days and then file for adjustment of status with the INS office that has jurisdiction over the couple’s place of residence in the US.

5. US citizen travels abroad to marry alien, who will apply for an immigrant visa or a K-3 visa at the consulate.  In this situation, the US citizen will travel abroad and marry the alien in his or her country.  Following the marriage, there are several options available.  The best and fastest is for the US citizen spouse to file an I-130 petition directly with the US consulate.  The problem is that some consulates do not want to be burdened with these petitions and, consequently, refuse to accept jurisdiction.  Therefore, it is important before making any definite plans, to speak with a consular officer to see whether they would be willing to entertain the I-130 petition.  If they do, then a consular officer will interview the couple and, if satisfied with the bona fides of the marriage, the petition will be approved.  At that point, the alien can begin processing the application for an immigrant visa to the United States.

If the consul does not wish to accept jurisdiction of the case, the US citizen petitioner would have to file the I-130 petition with the Immigration Service Center that has jurisdiction over the place of petitioner’s residence in the US.  If the parties are not in a hurry for the alien to come to the US, they can wait for the Service Center to approve the I-130 petition and then forward it to the National Visa Center, and then the US consulate for processing of an immigrant visa.

However, if the alien wishes to come to the US more quickly, the US citizen spouse should also file immigration form I-129F, after filing the I-130 petition.  When this petition is approved, it will be forwarded to the consulate where the alien can apply for a K-3 visa.  Once the visa is issued, the alien will be permitted to enter the US.  After entry, the alien can immediately file for adjustment of status to permanent residence.



By: State Bar Approved Lawyer Referrals

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EB-5 Investors Visa

EB-5 Investors Visa is an essential travel document for U.S. citizens who travel to many foreign countries. It is also known as a travel visa or entry visa. This last description can be misleading since a visa stamped in a passport does not guarantee that you will be allowed to enter your destination country. It only grants you permission to arrive at a port-of-entry. There, an immigration official will examine your documents and determine whether you should be allowed to enter .The EB-5 Investors visa information in this article will help you understand what visas look like, the different types that exist, where to apply for one and how much they cost. You finally have your own business. You invest both time and money in it. But does it end there? It shouldn’t. Your business will not grow on its own. It takes determination, a lot of hard work, and ready spending power to turn your business from good to great. If you’re running high on dreams but low on cash, the Visa business credit cards program is the solution to your money woes.         Many people look to apply for EB-5 Investors Visa of United States. They look to apply for different classes of US Visa such as student visa, tourist visa, Work visa, in order to reside there for temporary or permanent basis. Millions of citizens fro different parts of the world apply for different forms of visa which are categorized to two forms i.e. immigrant visa or non immigrant visa.

Most EB-5 Investors visa applications are processed within a few days or so. Some countries can take up to a couple of weeks. Most provide same day service for emergency situations. Basic requirements include a completed visa application, a valid passport and payment of the fee. You may need to provide a photo or two. Many countries require at least six months validity in your passport. Other possible requirements include a letter of invitation, proof of continuing travel and proof of financial support. While this article provides you with some basic visa information, it is always a good idea to check with the embassy of the country you plan to visit for updates and news concerning visa issuance (EB-5 Investors Visa ), office hours, days closed and any travel concerns



By: brian ronald

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Immigration Amnesty Law – Green Card

The last time we had a law that many considered amnesty was in 2000.  On December 21, 2000, President Clinton signed The Legal Immigration and Family Equity Act of 2000 (LIFE Act) into law.  This law, commonly referred to as the LIFE Act or 245(i), allowed certain persons who had an immigrant visa immediately available but entered without inspection (without documents) or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty.

“If a new amnesty law is passed that is the same as the old law, what are the criteria?”

To be eligible under the old amnesty law, you must have been:

1.                  The beneficiary of a Form I-130 immigrant visa petition (”Petition for Alien Relative”), or Form I-140 immigrant visa petition (”Immigrant Petition for Alien Worker”), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 (”Petition for an Alien Entrepreneur”) or

2.                  The beneficiary of an application for labor certification filed with the Department of Labor (DOL) and

3.                  Been physically present in the United States during a certain time frame. 

“Was there a deadline for filing under the old amnesty law?

Yes.  You must have filed during a very short window of opportunity.  All petitions and applications had to be properly filed and approvable when filed.

“Was there a penalty or fine for applying under the amnesty law?”

Yes.  everyone who filed for adjustment of status using Section 245(i) had to pay a $1,000 penalty fee.

“Were there other special requirements?”

One of the main requirements was proving that the applicant was physically present in the U.S. during certain periods of time.  Therefore, in anticipation of a new amnesty law, you should gather documentation to prove your physical presence in the U.S.   Such documentation may include, but is not limited to, State driver’s license; State identification card; hospital record; school transcript; Income tax records; property tax records; religious records; utility bills; rental receipts; bank statements; employment records; etc. 

“Can I travel outside the United States?”

If you are in the country without documentation or otherwise out of status, travelling out of the United States will trigger an unlawful presence bar which would most likely result in denial of any future immigration application.  Under current law, anyone who has been in the U.S. illegally for a year or more and then leaves, is barred from returning for 10 years.

“How can I learn more about the immigration laws?

You may contact our office through www.cundyandmartin.com and add your information to our mailing list to be informed of immigration updates.

Vincent Martin heads the Immigration Law section of Cundy & Martin, LLC, a law office in Bloomington, Minnesota – a suburb of Minneapolis.  Vincent may be reached at www.cundyandmartin.com , vmartin@cundyandmartin.com or (952) 746-4111.



By: Immigration Lawyer

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Dery & Associates is a Montreal based immigration law firm that has recently made major changes in an effort to upgrade their site Candim.com.  After months of extensive research and development, they have officially launched their new website. Already established as one of the top Canadian Immigration law firms they have made their site faster, made major design upgrades as well as significant improvements to their visa assessment procedure.

“We have worked with a team of professionals to come up with a design and interface which is cutting edge in terms of design and functionality.  In today’s world, we wanted to make sure that we were leaders and not followers when it came to establishing an online presence. We want to emphasize direct contact with the clients and personalized service while balancing the many advantages of internet technology.  Our new site allows for that in a way they won’t find with any other firm.” says Renaud Dery, managing partner. He goes on to explain that the way the industry is setup at the moment, most Canadian immigration websites are not using the internet to its fullest potential.  With their new site, they’ve simplified things to the point where viewers don’t have to be tech savvy to find what they’re looking for and fill out their visa assessment.

The assessment forms cover each of the major Canadian immigration visas.  Users will receive information about all of them in a simple yet detailed manner before being brought to the assessment most appropriate to their situation. “We have lawyers on standby ready to answer questions and help people through their process; we hold their hand the entire way through which is something most law firms could not promise.” says executive director Richard Dery.  He goes onto explain that viewers have the ability to fill out a visa assessment form for free which will then be sent to a lawyer who will personally review their information.

With the growing number of people immigrating to Canada, Canadim has taken steps to further establish themselves as not only one of the top Canadian Immigration law firms, but also one of the most technologically integrated by maximizing the use of the internet thus making the process faster, cheaper and much easier. Not only that, but their site is constantly upgrading in response to the changing habits of the viewers as well as the changing laws.  “This is the third generation of the site, we learned from experience that what people are looking for is personalized service.  Our new business model allows for potential clients to get well informed through the site, submit an assessment, and then get real life personalized service from an immigration lawyer. We’re ready to serve them in a professional and cost effective manner.”

Their new site accessible here: http://www.Canadim.com



By: esimplifyme

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