JCOHS Lawyers and Attorneys

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

About the Author:

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

About the Author:

US immigration lawyers

A lawyer is a person who has the responsibility of advising his clients on legal matters and represents them in the courts of law. The process of migrating to another country, especially countries with very stringent and strict immigration laws like the US, US immigration lawyers   involves strictly following a specific set of rules and processes. Immigration lawyers are lawyers who help people deal with processes that permit them to become a citizen. They assist people who desire entry into the United States for the purpose of tourism, employment, and higher studies or to gain citizenship. An experienced immigration lawyer provides foreigners with the assistance they need to make a trip to the United States successful. US Immigration lawyers also deal with issues relating to the associated legal rights, duties, and obligations of foreigners in the United States. US Immigration lawyers deal with the procedures involved with naturalization of foreign nationals. They also deal with legal issues concerning people who are refugees or asylees

Hackleyserrone US immigration lawyers provide detailed information on US immigration lawyers  ,US immigration ,Green Card ,US Visa, Immigration to US ,Visa to US ,Work in US ,US work permit ,immigration and naturalization services ,Immigration law firms , , Investment visa ,EB-5 Investors Visa , Immigrate through investment and more. Hackleyserrone Lawyers is affiliated with Colorado Employment Lawyers. There is no need for engaging any lawyer or consultant to immigrate to United States or any other country. If you have the right credentials in accordance with the immigration policies of the country you want to immigrate to, along with the acceptable documents to support your claims, you do not need any lawyer to plead your case. But immigration is not simple. The policies governing immigration are sometimes too complex to be easily understood by immigration seekers. Moreover, US immigration lawyers can present your case in a clear and concise manner according to the laws of the land. This can help your case to be decided more expeditiously.

If the individual needs legal advice about immigration matter but cannot afford to hire a lawyer, Hackleyserrone can provide assistance regarding the availability, of reduced cost legal services. Such legal advice can also be made available to persons seeking asylum under the U.N. Convention on Human Rights. Immigration laws are rules which govern the immigration practices of a country with US immigration lawyers.



By: brian ronald

About the Author:

The immigration laws of the United States of America are creating more problems to the non citizens rather than making things clear and easy. The law is highly complex and can be well understood only by a professional. The immigrates struck themselves at several points related to various issues that include but not limited to extension of visas, reentry permissions, conviction of crime despite an expunged record, filing a naturalization application, accommodations, application processing fee, change of address, denial of application for unknown reasons, obtaining a permanent resident card, citizenship of children and several other immigration litigations. This makes one thing clear; the immigration process is a mix of complex hazards and challenges.

Considering all these issues, there is a requirement on most of the affected immigrates to hire a Miami immigration lawyer who can solve these issues effectively while balancing the time factor at the same time. The lawyer can help you sort out the issues that are specific to you in a personalized way and can come out with the right solution. Different kind of programs like the zip-code program is used by these lawyers to eliminate the problems. However, the real thing lies in choosing the right lawyer who can solve your problem completely as a bad lawyer will enhance the issue and you can no way solve your problem if that is the case.

How to choose a genuine Miami Immigration Lawyer?

The lawyer must be able to provide you a choice of options to solve your issue and must explain them in a clear and consistent way. Must have additional resources available to sort out the issue at any cost Must be able to deal with the government agency and address your issue in an informative manner Must be in a position to prove that your case is bound to the requirements of the law Must be no way related to an immigration consultancy as most of these immigration consultancies operate illegally If the lawyer is a member of American Immigration Lawyers Association, it is an added advantage. The members of AILA frequently update their information associated with the immigration law of the country The fee charged by the lawyer must be checked and compared with the standards. If the charges are  either low or high in comparison, it is a source of concern Must be licensed to work as a lawyer with a good standing in the field Prefer the one who solved similar issues earlier with a good client reputation The lawyer who is exclusively into the immigration field must be given preference than the one for whom, immigration is just one of the many practices Must have enough time resources to handle your issue and must be able to communicate whenever required If you are not a native English speaker, it is recommended to hire a lawyer who can communicate in your language A lawyer who makes too many promises is always dangerous Must produce engagement letters that can be clearly understood without any ambiguity Must have good client references. The feedback of the lawyer from the previous genuine clients must be thoroughly checked.





By: Darwin

About the Author:

The Immigration, Asylum and Nationality Act 2006 is a United Kingdom Act of Parliament made law on 30 March 2006. It is the fifth major piece of legislation relating to immigration and asylum since 1993. 

Although the Act received Royal Assent on 30 March, its provisions did not take effect immediately, until a series of commencement orders enacted the laws incrementally:

Commencement No. 1, issued on 16 June 2006, enacted the sections on grants, proof of right of abode, accommodation, removal: cancellation of leave, deprivation of citizenship, deprivation of right of abode, and money. It also repealed section 40A(3) of the British Nationality Act 1981.

Commencement No. 2, issued on 13 August 2006, enacted the bulk of the Act’s provisions including the sections on variation of leave to enter or remain, removal, grounds of appeal, failure to provide documents, refusal of leave to enter, deportation, continuation of leave, consequential amendments, code of practice, discrimination: code of practice, documents produced or found, fingerprinting, attendance for fingerprinting, searches: contracting out, information: embarking passengers, inspection of detention facilities, capacity to make nationality application, arrest pending deportation, refugee convention: construction, refugee convention: certification, detained persons: national minimum wage. It also repealed sections of the Prison Act 1952 (c.52),the Immigration Act 1971 (c.77), the Anti-terrorism, Crime and Security Act 2001 and the Nationality, Immigration and Asylum Act 2002 (c.41).[

Commencement No. 3, issued on 4 December 2006, enacted the remainder of the Act’s provisions including the sections on abandonment of appeal and acquisition of British nationality.

 

Changes in Act

 

Appeals

The Act introduced a number of changes to the immigration appeals process, most notably restricting the right of appeal for refusal of entry clearance in cases where the subject intends to enter the country as a dependent, a visitor or a student.

This leaves the only grounds for appeal open to human rights and race discrimination reasons. Appeals launched within the UK can be for asylum cases only.

Employment

The Act introduces civil (not criminal) penalties in the form of fines for employers who take on people over the age of 16 who are subject to immigration control (that is, has no entry clearance or leave to remain, or no valid permit to work in the UK).

Information

The Act allows immigration officers to request and obtain biometric data (such as fingerprints) from immigration arrivals for the purposes of proving they are the rightful holder of their passport or travel documents.

It allows the police to request and obtain advance information on passengers and crew of flights and ships arriving in or leaving the United Kingdom, or those expected to do so.

The Act requires the Asylum and Immigration Tribunal and the Special Immigration Appeals Commission to first consider if an application for refugee status meets article 1F of the Convention Relating to the Status of Refugees, if the decision by the Home Secretary is to refuse on that basis.

Citizenship and Right of Abode

The Act contains several provisions empowering the Home Secretary to deprive a person of British citizenship (or Right of Abode) if it is considered that such deprivation is “conducive to the public good”.

Greenfields Immigration Solicitors aims to provide clients with an efficient, effective and excellent legal service. Our expertise in Immigration Law is vast, having advised and acted for clients in matter ranging from individuals to multi-national companies. Whatever your immigration needs, you can be sure our immigration lawyers will provide you with a personal, friendly and professional service. 



By: greenfields

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