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According to some historians, the name United States of America was first used, by President, Thomas Jefferson. Allegedly, in June of 1776, he officially wrote the phrase "UNITED STATES OF AMERICA" in all capitalized letters in the headline of his rough draught of the “Declaration of Independence” document
Today the short form of "United States" or "U.S." or "USA", or even "America" are colloquially or even formally accepted. A citizen of the United States is referred to as an “American”.
The United States of America is composed of 50 States, the Federal District of D.C. and five self-governing territories. According to federal law, the term "United States", when used in a geographical sense, means "the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the United States Virgin Islands".
Since political union with the Northern Mariana Islands in 1986, they are also treated as part of the United States. And an executive order adopted in 2007 includes American Samoa in the United States’ "geographical extent" according to the Department of State documents
At 3.8 million square miles (9.8 million square kilometers) United States is the world’s fourth-largest country by landmass; and with a population of over 325 million people, it is the third-most populous on earth.
Washington, D.C., or District or simply "D.C.", is the Capital of the United States. Washington has an estimated population of 700,000. Commuters from the surrounding Maryland and Virginia suburbs raise the city's population to more than one million during work-week
D.C. is the center of Executive, Judicial and Legislative branches of the United States Government.
New York State is located in the Northeastern part of the United States. New York was one of the original thirteen colonies that formed the United States of America. With an estimated population of about 20 million residents, it is the fourth-most populated State in the Union. Albany is New York’s State capital.
The City of New York also known as New York City or simply New York is the State’s Largest City, in terms of population. About 40% of the state's population, which is estimated at about 8.6 million live in a land area of about 302.6 square miles (784 km2). This makes New York City one of the most densely populated major city in the world.
New York City has been a premier gateway for legal Immigration to the United States. The influx of immigrants from four corners of the world has transformed New York City into a cultural and social powerhouse. For over a century, New York City has also been described as the cultural, financial, and media capital of the world. Home to the United Nations’ Headquarters, New York is also an important center for International Diplomacy.
New York City and its Metropolitan is also the most linguistically diverse area in the world: as many as 800 languages are spoken in New York. New York City is also home to more than 3.2 million residents born outside of the United States. And with a GDP of about $1.4 trillion If New York City were a country, it would have been the 12th-highest GDP on earth
With a population of almost 40 million residents, California is the most populous state in the Union. The state capital of California is the city of Sacramento. With a population of 18.7 million, the Greater Metropolitan Los Angeles is United States’ second-most populous urban area. California's $2.67 trillion economy is larger than that of any other state. If it were a country, California would be the 5th largest economy and the 36th most populous on earth. The name Los Angeles is Spanish and it means "The Angels". City of Los Angeles also known as L.A., is the financial, and commercial center of Southern California. With an estimated population of almost 4 million it is the second most populous city in the United States.
It is believed that the first wave of immigrants to the American Subcontinent arrived from Siberia by way of the Bering Sea Land Bridge about 15,000 years ago or earlier. Over time, the indigenous cultures in North America grew increasingly complex, and some developed advanced agriculture, grand architecture, and state-level societies.
The first Europeans arrived in America were Spanish, who made their first visit to Florida in 1513.
The French also established their own colony along the Mississippi River. The English Colonialists built their
first settlements on the eastern coast of North America, namely the Virginia Colony in 1607.
The Pilgrims, who were fleeing religious and racial persecutions and/or political and economic oppression in
Europe found their way to America in 1620’s.
With the progress of European Colonization in the contemporary United States, the Native Americans population
declined rapidly due to colonial wars, and diseases such as smallpox and measles, brought by the Europeans
The American Revolutionary War was the first war by Americans of many different racial and cultural background united against the British Colonialism; which led to the independence of the 13 colonies located in the East Coast.
On July 2, 1776, the actual vote for independence was casted; and the Congress adopted the Declaration of Independence on July 4, 1776. This important document specifically stressed on the fact that Human Beings Are Created Equal. A notion entirely opposite of British Royal Blood and Birthrights Social Peking Order
The Colonial Mindset over social pecking order did not go away with the defeat of the British Colonialists. Some di- hard believers of racial segregation and proponents of Slavery of African Americans led to the devastating American Civil War. This long and bloody struggle finally ended by the victory of the People, who believed in Human Equality, Freedom and Civil Rights for all.
Today, the United States of America has become a dynamic nation transformed by the fulfillment of its own dreams. Never has its population and culture been more vibrant and diverse; never has it been more reflective of--and connected to--the rest of the world.
The United States of America now is home to more than 110 million visible minorities, which include African-Americans, Hispanics, and Asians combined. The continuing influx and confluence of new people, nationalities and ideas is not only reshaping and invigorating the American economy and the tapestry of its multicultural social discourse, it is also redefining and reaffirming the very essence of what it means to be an American.
American immigration history can be viewed in four epochs: the colonial period, the mid-19th century, the start of the 20th century, and post-1965. Each period brought distinct national groups, races and ethnicities to the United States. During the 17th century, approximately 400,000 English people migrated to Colonial America. Over half of all European immigrants to Colonial America during the 17th and 18th centuries arrived as indentured servants.
An indentured servant or indentured laborer is an employee who is bound by a forced contract to work for a particular employer for a fixed period of time. Today, in many countries, including the United States, indentured labor contracts are not enforceable and culprits of such debauchery could be held liable civilly and criminally.
The mid-19th century saw mainly an influx from northern Europe; the early 20th-century mainly from Southern and Eastern Europe; post-1965 mostly from Latin America and Asia. Nearly 14 million immigrants entered the United States from 2000 to 2010, and over one million persons were naturalized as U.S. citizens in 2008. As of 2009, 66% of legal immigrants were admitted on the basis of family ties, along with 13% admitted for their employment skills and 17% for humanitarian reasons. The United States of America (USA), is a Federal Republic comprised of 50 States, a Federal District, 5 Self-Governing Territories.
"Green Card” is a symbolic reference to Lawful Residency Status in the United States. The official term for Green Card is “Alien Registration Receipt Card.”
There are two types of Green Cards:
1) Permanent Green Cards, issued since 1989, which are in fact valid for ten years from the issuance date, but they are renewable.
2) Conditional Green Cards, such as the initial green card that you, as a successful EB-5 applicant would receive, which is valid only for two years, etc.
Every year, the United States issues, about one million Green Cards and about 30 million more people receive temporary visas, such as Tourist Visa, Student or Work Visas. It is important to know that Green Card may only be used for reentry by Immigrants, who have maintained PERMANENT RESIDENT STATUS in the United States. Thus, they are returning home, from a temporary visit of one year or less outside the United States. If the United States Citizenship and Immigration Services (USCIS) believes that a Green Card Holder has failed to maintain the INTENT to remain a Lawful Permanent Resident, she/he may be denied reentry to the United States, even though, they possess, otherwise, valid Green Cards.
In other word, no matter how much you travel, your permanent home must be in the U.S.; or
your card could be revoked. In fact, it is more prudent not to spend more than six months at
a time outside the United States.
You should also know that all green cards issued since 1989 carry expiration dates of ten
years from the date of issue. Of course Conditional Green Cards are excluded from 10-years
duration rule.
Green Card holders, who are 18 or older, must carry their green cards or other evidence of
their status at all times.
It is wise to keep a photocopy of your Green card in a safe place, just in case, if you lose
your green card or it is stolen. Having an actual copy will make it easier for the United
States Citizenship and Immigration Services (USCIS) to replace it.
Yes. Some people, wrongly, believe that Green Card is nothing more than a work permit. The fact is that a Green Card holder is entitled to many but not all privileges and rights that a United States Citizen is entitled to. With some enumerated exceptions, a Green Card holder may be allowed to do any job; or travel anywhere in the United States or around the world. Traveling abroad is one of the rights of a Green card holder. However, the duration of travel must not be indefinite or too long. As the term “Permanent Resident” refers, you are expected to reside in the United States. If you make your main home (Domicile) outside of the United States, you could lose your Green Card. U.S. border officers are authorized by law, to decide whether a returning green card holder is living outside the country.
Among other questions, the border officer may legally ask you:
Being away for longer than 6 months could raise suspicion, and being away for more than a year guarantees that you will have to attend an Immigration Court hearing, in order to reclaim your U.S. residency and green card.
The officer may also ask you the following questions:
If you have stayed abroad for several months, it is wise to carry copies of documents that
show your home base is still in the United States.
Documents such as: U.S. Tax Returns, Home Lease, car payments, insurance payments, evidence
of U.S. employment, or any other relevant documents.
NOTE: Many immigrants wrongly believe that in order to keep your green card, all you need is to enter the U.S. at least once or twice a year. The truth is that if you do not have the INTENT to make United States your permanent home, you give up your residency, when you leave. Arguments such as, “I did not know or my Immigration advisor told me so and so,” are not acceptable. In the United States, all residents are presumed to know the law. This is why, in most circumstances, it is said: “Ignorance of the law is NOT a defense!”
Yes. Any legal residence of the United States must apply for a Social Security Number. This number identifies them and allows them to file income taxes or pay into the Retirement Insurance, etc
If you know that you are going to stay for an extended period of time abroad--generally more than one year --it is essential that you apply for a re-entry permit, by using form I-131. Via I-131 the U.S. Government allows you to apply for a re-entry based on certain circumstances. Some people refer to this re-entry permit as the White Pass. However, this is not the correct term.
If approved a re-entry permit allows a permanent resident to stay abroad for an extended period of time. However, this permit is valid for 2 years from the date issued. And the applicant must apply while in the U.S.
If you need to file for re-entry permit, please make sure you fill out the form correctly and
comply with all requirements stipulated; pay all fees associated with the form and submit it,
while you are still in the U.S.; and follow the mailing instructions.
If you do not apply for this permit and stay abroad for more than 1 year, then in order to
come back again, you must apply at a U.S. consulate abroad for a special immigrant visa as a
returning resident.
To get this visa, you must convince the consular that your long stay was due to unforeseen circumstances such as illness, evidenced by a letter from your doctor, etc. If you do not have a convincing reason for staying longer than one year, there is a chance you will lose your Green Card.
Yes. If a Green Card Holder commits certain crimes, while in the United States, he/she may be removed (deported) or if abroad may become inadmissible. There are many actions or omissions that may make a Green Card holder removable or inadmissible. Here are some:
By obtaining a Green Card, the Holders automatically become United States tax residents. As a U.S. Tax residents, they must file their tax returns and declare their entire income to the U.S. government, even if part or all that income was earned outside the United States. Of course this does not mean you will be double taxed, since International treaties often regulate international income as well. However, it is always wise to consult with a tax lawyer, who knows the intricacies of the United States Tax Law.
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
There are seven general ways a person may qualify for a Lawful Permanent Residency (LPR) Status or Green Card. A candidate may qualify under more than one category. If so, it may be wise to apply under all qualified categories. So, hopefully, one would be approved.
The mid-19th century saw mainly an influx from northern Europe; the early 20th-century mainly
from Southern and Eastern Europe; post-1965 mostly from Latin America and Asia.
Nearly 14 million immigrants entered the United States from 2000 to 2010, and over one
million persons were naturalized as U.S. citizens in 2008.
As of 2009, 66% of legal immigrants were admitted on the basis of family ties, along with 13%
admitted for their employment skills and 17% for humanitarian reasons.
The United States of America (USA), is a Federal Republic comprised of 50 States, a Federal
District, 5 Self-Governing Territories.
Under this category, the United States Citizens can apply for immigrant Visa (Green Card) for
their immediate families, such as Spouse, Children under ages of 21 and Parents. Please note
that a United State Citizen also can apply for Married Children, Brothers and Sisters.
However, such family members do not fall within immediate family members under U.S.
Immigration Law.
United States Green Card Holders, on the other hand, can only sponsor their spouses and
unmarried, dependent children.
For more information regarding this category of family sponsorship click HERE for a Confidential Case Evaluation by your Credible and
Compassionate Chosen Immigration Lawyer. The first important Step toward a Green Card is
having Accurate and Sound Advice.
Family Preference Immigrant Visas are limited in numbers. This means that there could be a backlog, which can take years for an otherwise eligible party to obtain a Green Card. Family-Preference Visas are for specific, but more distant family members of a U.S. citizen.
The current fiscal year numerical limitations on family preference immigrants are shown at the end of each category. Here they are:
Please Note: Grandparents, aunts, uncles, in-laws and cousins cannot sponsor their relatives for immigration. For more information regarding this category of family sponsorship click HERE for a Confidential Case Evaluation by your Credible and Compassionate Chosen Immigration Lawyer. The first important Step toward a Green Card is having Accurate Advice.
In every fiscal year, which starts on October 1st and ends on September 30th, approximately 140,000 employment-based immigrant visas (Green Cards) are issued by the U.S. immigration. Employment based immigrant visas are divided into Five Preference Categories. Qualified spouses and children of successful applicants may accompany or follow-to-join employment-based immigrants
Here are the categories:
A First Preference applicant must apply and be approved via Immigrant Petition for Foreign Worker Program. This sub-category does not require a Labor certification. Priority Workers receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas.
There are three sub-groups within this category:
Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary talents.
Applicants in this category must be coming to the U.S. to pursue tenured teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job.
The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer.
The Second Preference applicant must, generally, obtain a labor certification approved by the Department of Labor. In addition, for this sub-category, a job offer is required and the U.S. employer must file an Immigrant Petition on behalf of the Foreign Worker. However, some qualified applicants may apply for an exemption from the job offer and labor certification, known as a National Interest Waiver. If approved, the applicant may self-petition by filing the Immigrant Petition for Foreign Worker. Of course, support evidence must also be submitted.
Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.
Third Preference applicants must have approved Immigrant Petitions, filed by the prospective employers. All such workers generally require labor certification approval as well. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.
There are three subgroups within this category:
Fourth Preference applicants must obtain approved Petition for Amerasian, Widow(er), or
Special Immigrant. Labor certification is not required for any of the Certain Special
Immigrants subgroups.
Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based
immigrant visas.
There are many subgroups within this category:
This is the Job Creator category.
Immigrant Investor visa categories are for capital investment by foreign investors in
qualified commercial enterprises in the United States.
In order to qualify under this category, a foreign entrepreneur must invest from $500K to $1
Million USD in qualified business and employ at least ten (10) American citizens or lawful
permanent residents on a full time basis.
This category allows for 10,000 immigrant visas per year. It was designed to attract foreign
investors to the United States, so they can create jobs.
All categories of employment-based immigrant visas are issued in the chronological order,
until the annual numerical limit for the category is reached. The filing date of a petition
becomes the applicant's so called priority date. Immigrant visas cannot be issued until an
applicant's priority date is reached.
The Diversity Immigrant Visa Program (DV Program) provides a maximum of 50,000 immigrant visas annually. Recipients of such visas are drawn randomly from the pool of all entries from countries with low rates of immigration to the United States. Most lottery winners reside outside the United States and must be found admissible to the United States through consular processing, in order for the immigrant visa to be issued.
There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States under a nonimmigrant legal status. The United States Citizenship and Immigration Service (USCIS) provides adjustment of status applications to such winners.
Asylum status and refugee status are, generally, used interchangeably. However, it is essential to know the crucial difference between them. Both asylees and refugees must prove that they are subject to persecution in their country of origin due to their race, religion, gender, nationality, political opinion, or membership and affiliations with social groups, and so on. However, the location of the applicant will determine whether that person applies for asylum or refugee status. Asylum status applies to people who are already in the United States or at a U.S. port of entry. Refugee status applies to people who are outside of the United States as well as outside of their native country, but are unwilling or unable to return to their native country due to reasonable fear of persecution.
Asylum status is given to a person, who qualifiedly seeks protection, while he or she is in the United States. An asylee is, generally, allowed to apply for lawful permanent residency status (LPR or Green Card) after he or she has been physically present in the U.S. for at least one year, since being granted asylum. In order to be eligible for a Green Card as an asylee, he or she must meet the following requirements:
The term, Refugee, is referred to a person, who seeks protection, while outside the United
States.
Refugees are, generally, allowed to apply for lawful permanent residency status (LPR or Green
Card) after they have been physically present in the U.S. for at least one year.
In order to be eligible for a Green Card as a refugee, a refugee must meet the following
requirements:
Generally, most Green Cards are obtained via Employment, Investment, Family Member
Sponsorship, Diversity Visa Program, and Refugee/Asylum Programs. However, there are other
ways to get a Green Card. These Green Cards are limited to individuals meeting particular
qualifications and/or applying during certain time frames.
Only 10,000 green cards become available annually for all Special Immigrant Categories.
Special immigrant Visas, which lead to Permanent Residency Status or Green Card are available to the following people:
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
Certain conditions and activities may make an applicant ineligible for a visa or inadmissible. Examples of these ineligibilities include: drug trafficking crimes; overstaying a previous visa; submitting fraudulent documents; misrepresentation of material fact or fraud, and so on could make an applicant ineligible for a visa or inadmissible to the United States.
To know more about any of the above paths to Green Card, please Click HERE and let your Experienced, Credible and Compassionate Chosen American Immigration Lawyer provide you an initial Case Evaluation Privately, Confidentially and FREE, Now.
Generally, a Citizen of another country wishing to enter the United States must obtain a visa. Such visas could be either nonimmigrant visas or immigrant (Green Card).
Nonimmigrant or Temporary Work Visa categories are designed for the United States’ Employers to hire certain types of workers from other countries. These types of visas allow the visa holders to enter the United States for employment lasting a fixed period of time. There are several categories ("classifications") of temporary worker visas, some of which are limited in numbers. Here is a brief description of the various types of Work Visas:
This type of visa is designated for Diplomats, Foreign Government Officials, and their Assistants.
This type of temporary visa is for people who are traveling through the United States to another country. Thus they are in transit.
This type of visa is for the crew of a Ship/Vessel or Aircraft entering the United States.
This category of visas are designated for treaty traders, investors, and Australian specialty occupation workers coming to the United States for temporary wor.k
This category of Visa is for national representatives to international organizations within the United States. The United Nations is an Example of such organizations.
This visa category is for people with Bachelor’s Degree or higher, who wish to perform services in a specialty occupation; cooperative research and development projects, or services as a fashion model with distinguished merit or ability.
This Visa Program allows U.S. employers who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary Agricultural jobs.
This Visa Category allows U.S. employers who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary Nonagricultural jobs.
This type of nonimmigrant visa category allows foreign nationals to come to the United States on a temporary basis for:
This category of nonimmigrant visa is designated for Representatives of Foreign Media. People who:
The type of jobs under this category include reporters, film crews, editors, and similar occupations. Any spouse and children under the age of 21 may accompany or follow to join an I nonimmigran.
This type of visas are designated for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
This type of nonimmigrant visa is for those people, who are sponsored by an approved U.S. Department of State exchange program.
Examples of exchange visitors include, but are not limited to:
This type of visa is designed for employees of Multi-National Companies working in the United States on a temporary basis. L-1 consists of 2 sub-categories:
- The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file the Petition for L-1 Nonimmigrant Visa on behalf of the employee.
- The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one. Again, the employer must file the petition on behalf of the employee.
This nonimmigrant type of Visa is designated for certain representatives and staff of North Atlantic Treaty Organization (NATO) member countries
This nonimmigrant visa is designated for individuals with extraordinary ability in science, education, business, or athletics, and their assistants.
This category of nonimmigrant visa is designed for internationally recognized and culturally unique entertainers and athletes.
There are two nonimmigrant visa categories for people who want to participate in Exchange Visitor programs in the United States. As mentioned above, the J nonimmigrant visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs. The Q nonimmigrant visa is for international cultural exchange programs designated by USCIS.
Nonimmigrant Visa is for those are seeking to participate in an international cultural exchange program. The Q nonimmigrant exchange program is for the purpose of providing practical training and employment, and to share the history, culture, and traditions of your home country with the United States.
This nonimmigrant type visa is designated for foreign nationals who are coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation at least part time (average of at least 20 hours per week) by:
TN Visa This nonimmigrant visa is created to help professionals from the North American Free Trade Agreement (NAFTA) member countries, namely: Canada and Mexico. Qualified Canadian and Mexican citizens can obtain a TN Visa to to engage in business activities at a professional level. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, business consultants, teachers, and so on.
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
The B Visa category is a nonimmigrant type of visa designed for citizens of other countries to visit the United States on a temporary basis.
There are two types of B visas: (Blue Underlined Visa Types link up to Immigration Dictionary)
This nonimmigrant visa is issued to those seeking entry for business purposes. In order to qualify for B-1 Visa, you may have to show that you will be participating in a business activity of a commercial or professional nature in the United States, including:
This type of visas are nonimmigrant visas for persons who want to enter the United States temporarily for tourism or pleasure; visit family or friends; or do both (B-1/B-2).
B-Visas are issued for visits lasting 6 months or less.
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
Under this category, United States Citizens can sponsor their immediate family members for Lawful Permanent Residency Status (Green card). Under United States Immigration Law, Immediate Family Category includes Spouses, Children under age of 21 and Parents
Please Note: a United State Citizen also can apply for Married Children, Brothers and Sisters. However, such family members do not fall under immediate family category.
United States Green Card Holders, however, can only sponsor their spouses and unmarried—dependent--children. For more information regarding this category of family sponsorship click HERE for a Confidential Case Evaluation by your Credible and Compassionate Chosen Immigration Lawyer. The first important Step toward a Green Card is having Accurate and Sound Advice.
Family Preference Immigrant Visas are limited in numbers. This means that it could take years for an otherwise eligible party to obtain a Green Card. These types of visas are for specific, more distant, family relationships with a U.S. Citizen and some specified relationships with Green Card holders, also known as: Lawful Permanent Residents (LPR).
The current fiscal year numerical limitations on family preference immigrants are shown at the end of each category. Here they are:
Please Note: aunts, uncles, in-laws, and
cousins cannot be sponsored their relatives for immigration.
For more information regarding this category of family sponsorship click HERE for a Confidential Case Evaluation by your Credible and
Compassionate Chosen Immigration Lawyer. The first important Step toward a Green Card is
having Accurate and Sound Advice.
This category of visa is designated for fiancé of a U.S. citizen and their accompanying minor
children (K-1 and K-2 visas). The objective of this program is to speed up the immigration
process for such individuals. So they do not have to endure long periods of separation from
their prospective spouses. (K-Visa links up to Immigration Dictionary)
The Legal Immigration and Family Equity (LIFE) Act amendments of 2000 added the K-3 visa
category for foreign spouses and K-4 category for stepchildren of U.S. citizens.
The LIFE Act requires applicants to apply for a K-3 visa in the country where their marriage
to the U.S. citizen took place. In the event the couple were married in the United States,
then U.S. is the country of the applicant’s current residence.
The applicants may be eligible to receive Green Cards as spouses and their minor children if
they:
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
Are you interested to study in the United States? If so, as a full-time student, you would
need a student visa.
There are two nonimmigrant visa categories for persons wishing to study in the United States.
These visas are commonly known as the F and M visas.
Your course of study and the type of school you plan to attend determine whether you need an
F-1 visa or an M-1 visa.
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student to enter an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.
The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.
| To enter the United States to attend: | You need the following visa category |
|---|---|
| Univeristy or College | F |
| High School | F |
| Private Elementary School | F |
| Conservatory | F |
| Another Academic Institution including a language training program | M |
| Vocational or other recognized non-academic institution, other than a language training program | M |
You may enter in the F-1 or M-1 visa category provided you meet the following criteria:
F-1 students may not work off-campus during the first academic year, but may accept on-campus
employment subject to certain conditions and restrictions.
After the first academic year,
F-1 students may engage in three types of off-campus employment:
M-1 students may engage in practical training only after they have completed their
studies.
For both F-1 and M-1 students any off-campus employment must be related to their area of
study and must be authorized, prior to starting, by the Designated School Official (the
person authorized to maintain the Student and Exchange Visitor Information System (SEVIS))
and USCIS
S Visa, T Visa and U Visa are designated for victims of a crimes or those having valuable information that can help the law enforcement authorities investigate individual criminals, crime syndicates and terrorist organizations.
S Visa is a Nonimmigrant, which may be granted to foreign nationals who are witnesses, informants, or otherwise are willing to supply important information regarding a criminal; and whose presence in the United States is necessary for the Law Enforcement to pursue investigation or prosecution of subject crime/s. The S Visa Category, including the S-5, S-6 and S-7 Visas, was created in 1994 by the Violent Crime Control and Law Enforcement Act.
The S-5 classification may be granted to a foreign national who has been determined by the Attorney General to possess critical and reliable information concerning a criminal organization or enterprise. The foreign national must be willing to supply or have supplied such information to federal or state law enforcement authorities, or to a federal or state court. The Attorney General must also determine that the Foreign National’s presence in the U.S. is essential to the success of the criminal investigation or to the successful prosecution of an individual involved in a criminal organization or enterprise.
The S-6 status may be granted to a foreign national, whom the Attorney General and Secretary of State have determined to possess critical and reliable information concerning a terrorist organization, operation or enterprise. In addition, he or she must be willing to supply or has supplied information to federal law enforcement authorities or to a federal court. The Attorney General and Secretary must also determine that the foreign national has been or will be placed in danger as a result of providing such information, and is eligible to receive a cash reward under§36(a) of the State Department Basic Authorities Act of 1956.
The law allows the informant’ s accompanying family members — including spouses, married or unmarried children, and parents — to receive S-7 nonimmigrant visas.
The Attorney General may adjust the status of S-5 nonimmigrants and their family members to that of lawful permanent resident (LPRs) if they have supplied information as agreed, and the information has contributed substantially to a successful criminal investigation. The Attorney General likewise may adjust the status of S-6 nonimmigrants and their accompanying family members to LPR status if the they have — in the sole discretion of the Attorney General — substantially contributed information that led to:
The informants also must have received a reward under §36(a) of the State Department Basic Authorization Act of 1956.
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
In October 2000, United States Congress created the “T” nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). This legislation is designed to strengthen the law enforcement agencies’ abilities to investigate and prosecute human trafficking, and also offer protection to victims. Human trafficking is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life to other countries, including the United States. Such victims are generally poor, unemployed and innocent individuals. The T Nonimmigrant Status (T visa) is designated to protect victims of human trafficking, by allowing them to remain in the United States, so they can also assist in an investigation or prosecution of human traffickers
An applicant may be eligible for a T Visa if he or she:
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
Congress created the U Nonimmigrant Visa via the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The purpose for promulgation of this law is to strengthen the ability of law enforcement agencies in their investigation and prosecution pf perpetrators of domestic violence, sexual assault, human trafficking and other crimes; while protecting victims of crimes who have suffered substantial mental or physical abuse and are willing to help the law enforcement authorities in their investigation or prosecution of the purported criminals. The legislation also helps law enforcement agencies to better serve victims of crimes
One may be eligible for a U nonimmigrant visa if he or she:
| Abduction | Hostage | Sexual Assault | ||
| Abusive Sexual Contact | Incest | Sexual Exploitation | ||
| Blackmail | Involuntary Servitudet | Slave Trade | ||
| Domestic Violence | Kidnapping | Stalking | ||
| Exortion | Man slaughter | Torture | ||
| False Imprisonment | Murder | Trafficking | ||
| Female Genital Mutilation | Obstruction of Justice | Wintess Tampering | ||
| Felonious Assault | Peonage | Unlawful Criminal Restraint | ||
| Fraud in Foreign Labor Contracting |
Perjury
| Other Related Crimes |
| ||
| Prostitution | ||||
| Rape | ||||
| includes any similar activity where the elements
of the crime are substantially similar Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes |
||||
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
Unfortunately, Trump Administration has callously politicized these humanitarian programs. Thus the following information is provided for reference purposes only. Please, consult with your Chosen Immigration Lawyer prior to applying for these programs.
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several stipulated guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time.
One may request for DACA if he or she:
On November 20, 2014, the President Obama announced that, within six months, USCIS would begin accepting requests for DAPA, Deferred Action for Parents of American Citizens and Lawful Permanent Residents.
If one receives a deferred action under DAPA, he or she may be able to stay in the United States temporarily without fear of deportation. In addition, they will be considered for employment authorization, which would allow them to work legally in the United States, for a three-year period.
One may be considered for DAPA if he or she:
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
The second-preference employment category (EB-2) is designed to attract foreign individuals with exceptional abilities and/or members of professions with advanced degrees to apply for Permanent Residency or Green Card. Of course, a job-offer and a labor certification is generally required for this category. This requirement can be waived if the petitioner demonstrates that granting the EB-2 petition would be in the national interest of the United States. One of the reasons, which may prompt the United States Citizenship and Immigration Services (USCIS) to grant the national interest waiver is if a physician agrees to work, for a limited period of time, in a designated underserved area.
n order to be eligible for this category of Green Card the Physician must:
Healthcare Professionals, other than Physicians, who are seeking admission to work as health care professionals are only admissible to the United States if they present certification from a United States Citizenship and Immigration Services’ approved credentialing organization. The certificate must verify that the worker has met the minimum requirements for training, licensure, and English proficiency in his or her field. The following healthcare careers require certifications under 8 CFR 212.15(c):
Please note: Nurses have an alternative certification process. A foreign nurse may present a certified statement from the Commission on Graduates of Foreign Nursing Schools. They may be able to obtain an approved statement from an equivalent independent credentialing organization verifying that the foreign nurse:
This is just a brief description of some main requirements. For more detailed information and/or initial case evaluation Click HERE and let a Highly Experienced, Trusted and Compassionate Chosen Immigration Lawyer help you achieve your objectives.
DREAM Act, which stands for Development, Relief, and Education for Alien Minors Act is a United States legislative proposal for a multi-phase process for qualifying minors in the United States that would first grant conditional residency and, upon meeting further qualifications, Permanent Residence Status or Green card. The bill was first introduced in the Senate on August 1, 2001and has since been reintroduced several times but has failed to pass. This bill, if passed, will provide millions of immigrant children who graduate from U.S. High Schools the opportunity to receive U.S. Residency (a "Green Card").
This Bill if approved could benefit those:
Immigrants meeting these conditions would basically be issued temporary residency for a period of six years. This is based upon meeting certain educational or military requirements. A qualified student within the six-year temporary residency period must attend college and earn at least a two-year degree (associate of arts degree), or serve in the U.S. Military for two years in order to maintain immigration benefits.
The immigrant will be granted Permanent Residency at the end of the six-year conditional period once all the conditions are met. If not, the temporary residency will be taken away and the student will be subject to deportation.
Under the new proposed DREAM Act, which has not been finalized by Congress, the applicants may qualify if they meet the following requirements:
Please click HERE to consult with your Credible and Compassionate Chosen Immigration Lawyer about the DREAM ACT.
When an individual or a couple becomes the legal and permanent parent(s) of a child who is a
national of another country, an International Adoption or intercountry adoption or
transnational adoption occurs. Since, this type of adoption crosses the international
borders, the prospective adoptive parent/s must meet the legal requirements of their own
country and those of the prospective adopted child.
Of course, the adoption laws of countries vary and it is mostly contingent upon the
individual country’s willingness to allow international adoptions. Some countries have
relatively well-established rules and procedures for international adoptions, while others
clearly forbid it. Some African Countries, for instance, require that the adoptive parents
reside in adopted child’s country. This condition alone makes most International Adoptions
almost impossible: since it is too cumbersome for most people to change their domiciliary for
the sole purpose of qualifying as adopting parent/s.
Nonetheless, every year, thousands of U.S. residents adopt children from abroad. This often complicated journey requires the services of Experienced, Credible and Compassionate Chosen Adoption Lawyers. We, literally, search the world to find such caring lawyers and bring them under one virtual roof. So, they can help you achieve your parenting objectives, safely. For a FREE and CONFIDENTIAL initial consultation all you have to do is Click HERE
The Hague Convention on Protection of Children and Co-operation for Intercountry Adoption (Hague Adoption Convention) is an international treaty that provides important safeguards to protect both the candidate children, birth parents, and the adoptive parents. The Hague Adoption Convention was adopted by the United States on April 1, 2008. All cases filed on or after April 1, 2008, must comport with rules and procedures of The Hague Process.
Should you decide to approach any Adoption Service Provider to help you with your adoption objectives, make sure to conduct a thorough research into their qualifications, experience and credibility: Specifically, you must find out whether the Adoption Service Provider is authorized to work on Hague Adoption cases before hiring them or paying them any money.
By law, an Adoption Service Provider cannot provide legal advice or legal services to the prospective adoptive parent(s) or represent them before United States Citizenship and Immigration Services (USCIS).
Should you decide to adopt a child from abroad, please make sure you take the following initial steps right away:
The most prudent first step in adopting a child, internationally, is to consult with a highly experienced, committed and compassionate Chosen Adoption Lawyer to guide you through this complicated process safely from the start. For a FREE and CONFIDENTIAL initial consultation, please click HERE.
There are an estimated 8 million orphans living in institutions around the world. Millions more are victims of wars, greed and callousness of self-aggrandizing political demagogues. Many of these innocent children are scavenging the mean streets of big cities to make ends meet. Some are forced to child labor or sex slaves to ruthless pedophiles, and more. Defending the rights of these voiceless and defenseless children is a moral duty for every reasonable and responsible human being.
Here at Chosen Lawyers, we believe every innocent child is entitled to have hopes and be loved—and we do whatever, we can to help them find loving parents, who would help them not only to survive, but also to thrive.
For many children their adoption journey began when they were left at the door steps of religious institutions; abandoned in desolate and dire locations or brought to an orphanage or children’s home. However, in many countries, in order for a child to become eligible for adoption, he or she must be designated as an “orphan”. This bureaucratic process can be a major hurdle on the path of salvation for a helpless and voiceless child.
Moreover, when children are adopted outside the United States, they must go through an immigration process. U.S. Citizenship and Immigration Services (USCIS) must also determine the eligibility and suitability of prospective adoptive parent/s, in order to issue the necessary visas for the adopted orphans to enter the United States.
Under the United States Immigration Law, a child is considered an orphan if he or she:
The adoptive parent/s must file an orphan petition before the child’s 16th birthday, or before the child’s 18th birthday if the child is a birth sibling of another child, whom the adoptive parent/s have also adopted and who immigrated or will immigrate as an orphan.
As part of the adopting process, the United States Citizenship (USCIS) or the Department of State (DOS) will conduct an investigation in the country, where the purported orphan was born and lives. The purpose of this investigation is to:
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
The word Mandamus is a Latin term, which means “We Command”. However, in legal jargon, Mandamus or a Writ of Mandamus is referred to a court order that mandates a lower court, governmental official, corporation or an individual to do or not to do a specific act.
The purpose of mandamus is to remedy defects of justice. Generally, it is not available in anticipation of any injury except when the petitioner is likely to be affected by an official act in contravention of a statutory duty or where an illegal or unconstitutional order is made. The grant of mandamus is therefore an equitable remedy; a matter for the discretion of the court, within the boundaries of law.
There are several types of Mandamus:
1. Alternative Mandamus: A mandamus issued upon the first application for relief, commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not performing it.
2. Peremptory Mandamus: An absolute and unqualified command to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
3. Continuing Mandamus: A mandamus issued to a lower authority in general public interest asking the officer or the authority to perform its tasks expeditiously for an unstipulated period of time for preventing miscarriage of justice.
Theoretically, Yes. In some cases, a petitioner of an immigration benefit, for instance, adjustment of status and so on, may be able to file a lawsuit against the United States Citizenship and Immigration Services (USCIS), which is a governmental agency, under the provisions of the Administrative Procedures Act (5 U.S.C. §500 et seq, the “APA”).
This Law mandates that when Congress has given a task to an agency, such as USCIS to perform, it has a duty to do it within a “reasonable” time. However, reasonableness of time could be subject to different interpretation. This is why, each case must be examined by an Experienced and Credible Lawyer prior to determining whether seeking a writ of mandamus is appropriate or even wise. That is because, in some of immigration matters, the United States Citizenship and Immigration (USCIS) officers are permitted to exercise discretion.
Assuming the delay in a particular case is unreasonable or discretion is overtly capricious, seeking a Writ of Mandamus may be the only viable remedy. Typically, in this kind of lawsuits, the petitioners sue the Secretary of the Department of Homeland Security or the USCIS Director or the District Director of the Field Office, or other authorities, whose unreasonable delays have caused the delays. If approved, a Judge will issue an order mandating the parties to make a decision.
This does not mean the court issuing the Writ can order approval of the petitioner’s application: Just to make a decision. This is why, you would need an experienced and credible Lawyer to assess your options wisely from the start.
For instance, an experienced Immigration Lawyer who is a member of American Immigration Lawyers Association (AILA) could utilize a liaison system that permits AILA members make specific inquiries with USCIS on delayed cases through channels not available to the general public or nonmember attorneys.
An Experienced and Credible Immigration Lawyer could also contact the USCIS or the Consulate responsible for delays on behalf of the petitioner and notify them to act within a reasonable period of time or a lawsuit for the Writ of Mandamus will be filed against them.
For more information regarding Green Card or how to acquire it, please Click HERE and have a Confidential LIVE CHAT with an Experienced, Credible and Compassionate Chosen American Immigration Lawyer, right now. Your initial consultation is FREE.
There are two types of Investment Visas to the United States. Here is a brief description of each:
The United States has entered into commerce and navigation treaties with many countries. In order to facilitate trades between the United States and the citizens of the treaty countries, it has established E category non-immigrant treaty Visas.
If you are a businessperson from one of the so-called treaty countries, and plan to engage in substantial trade with the United States, then you may qualify for an E-1 or E-2 Visa.
Some people find E Category Visas better than even Permanent Residency Status or Green Card. That is because, as an E visa holder, they do not have to maintain their main domiciliary (residence) in the United States. Nor they may be bound to report their worldwide income to the IRS, as Permanent Residents and Citizens are obligated to do. They may not be fully subjected to other laws such as Inheritance and so on, in the United States. In the meantime, they can do business and live in the United States, indefinitely. Their Spouses and Unmarried Children under 21 may also come along with them.
More importantly, there is no annual Quota for E Visas category. Thus there is no backlog for first come first serve type.
The answer depends on the following qualifications:
If you meet the above conditions, you may qualify for E-1 Visa
Qualified treaty traders and employees will be allowed a maximum initial stay of two years.
Requests for extension of stay may be granted in increments of up to two years each. There is no
maximum limit to the number of extensions an E-1 nonimmigrant may be granted.
All E-1 nonimmigrants, however, must maintain an intention to depart or leave the United States,
when their status expires or is terminated.
An E-1 nonimmigrant who travels abroad may generally be granted an automatic two-year period of
readmission, when returning to the United States.
A successful E-1 Applicant may be accompanied or followed by spouses and unmarried children who are
under 21 years of age. Their nationalities need not be the same as the treaty trader or
employee.
These family members may seek E-1 nonimmigrant classification as dependents and, if approved,
Generally, they will be granted the same period of stay as the employee.
The E-2 nonimmigrant Visa allows a national of a treaty country (a country with which the United
States maintains a treaty of commerce and navigation) to be admitted to the United States, when
investing a substantial amount of capital in a U.S. business.
If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she
may be able to change status to E-2 classification.
o qualify for E-2 classification, the treaty investor must:
An investment is considered a treaty investment, if placing of capital, including funds and/or
other assets are at risk in the commercial sense with the objective of generating a profit. The
capital must be subject to partial or total loss if the investment fails.
The treaty investor must show that the funds have not been obtained, directly or indirectly, from
criminal activities
A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking, which produces services or goods for profit. And it must meet applicable legal requirements for doing business within its jurisdiction.
The investment enterprise may not be marginal. A marginal enterprise is one that does not have the
present or future capacity to generate more than enough income to provide a minimal living for the
treaty investor and his or her family.
Depending on the facts, a new enterprise might not be considered marginal even if it lacks the
current capacity to generate such income.
In such cases, however, the enterprise should have the capacity to generate such income within five
years from the date that the treaty investor’s E-2 classification begins.
Qualified treaty investors and employees will be allowed a maximum initial stay of two years.
Requests for extension of stay may be granted in increments of up to two years each. There is no
maximum limit to the number of extensions an E-2 nonimmigrant may be granted.
All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their
status expires or is terminated.
An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of
readmission when returning to the United States.
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who
are under 21 years of age.
Their nationalities need not be the same as the treaty investor or employee.
These family members may seek E-2 nonimmigrant classification as dependents and, if approved,
generally will be granted the same period of stay as the employee.
Spouses of E-2 workers may apply for work authorization. If approved, there is no specific
restriction as to where the E-2 spouse may work.
As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be
granted an automatic two-year period of readmission when returning to the United States. Unless the
family members are accompanying the E-2 treaty investor or employee at the time the latter seeks
readmission to the United States, the new readmission period will not apply to the family members.
To remain lawfully in the United States, family members must carefully note the period of stay they
have been granted in E-2 status, and apply for an extension of stay before their own validity
expires.
In order to qualify for E-2 Visa Program, you must meet the following conditions:
Generally, E-1 and E-2 Visas are for temporary traders. This means that in order to qualify for this visa, you must show that you are only doing business with the United States, temporarily. Thus, once your business relation ends, you will leave. In other words, if the authorities sense that you intend to permanently move to the United States, most likely, they will not grant you an E Visa. However, you may be able to apply for Lawful Permanent Residency Status or Green Card, through other Immigrant Visa categories such as: Eb-5 program, Diversity Visa Lottery, Employment Immigration Programs, or Family Based Immigration
Please note: you have the burden of proof to show the Government that your initial intention for applying for E-1 or E-2 visa was not to permanently immigrate to the United States This process can be a bit tricky. It may be prudent to consult with a Trusted, Competent and Compassionate Chosen Immigration Lawyer to assess your options. All you have to do is Click HERE and get a FREE & Confidential Case Evaluation, now.
Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Residency Status. This category of visa is based on Capital Investment in a New Commercial Enterprise, or a troubled business, which must produce or preserve at least 10 fulltime jobs for American Workers.
Congress created the EB-5 Immigrant Visa Program during the recession of 1990. This program was designed to stimulate the U.S. economy through job creation and to encourage the inflow of Capital to the United States by foreign investors. By 2005, this program had not yet become successful: not because of lack of interested investors, but because of difficult applications and unreasonably sloppy process; including a long adjudication, which had led to the suspension of processing on over 900 EB-5 cases—some of which dated back all the way to 1995.
By the end of 2011 fiscal year, more than 3,800 EB-5 applications had been filed; compared to about 800 applications in 2007. However, EB-5 program toped its allotted 10,000 for the first time in August 2014. As a result of which the State Department stopped issuing EB-5 visas until the beginning of the next fiscal year, which started in October of 2014.
A Commercial Enterprise is any for-profit and lawful business including, but not limited to:
The money, you need to invest in EB-5 program could be a gift, inheritance or earned income. As long as you can show that you have obtained the money, lawfully. Please Note: Passive investments such as owning a personal residence, does not count as an investment for the purpose of EB-5 program.
The standard capital investment requirement for an EB-5 investor program is about $1 million dollars. This amount could be reduced to $500,000 if you invest your money in a Targeted Employment Area (TEA).
The United States Citizenship and Immigration Services (USCIS) has defined a Targeted Employment Area as an area with an unemployment rate of 150% or more of the National Average, or a Rural Area.
A Rural Area is defined as any location, which is not a part of the official statistical metropolitan or not located within the outer boundaries of a city with a population of 20,000 people or more.
EB-5 investors must demonstrate that their capital investment will create or preserve at least ten (10) full time jobs for qualified U.S. workers within the United States.
To be qualified as American employees, the 10 workers must be either Citizens or Lawful Permanent
Residents, or anyone else who can legally work in the United States, indefinitely. Thus, temporary
workers do not qualify; nor do Independent Contractors or any foreign national in any nonimmigrant
status visas such as H-1B etc.
On the other hand, Asylees and/or Refugees are considered qualified American Workers. For those of
you who want to know the difference between an Asylee and a Refugee here it is:
An Asylee applies for asylum status, which is protection from proven fear of persecution based on
race, religion, national origin, political or social affiliations etc., while physically present in
the United States.
A refugee, on the other hand, applies for shelter and protection for the same or similar reasons
that I mentioned above, while, still outside the United States.
Moreover, the EB-5 Petitioners, their spouses and children are not counted toward the 10 employee
requirement, regardless of their skills, hard work or handsome salaries. Other members of the
family such as cousins, aunts and uncles can be counted, as full time employees as long as they are
qualified American Employees.
In a nutshell all entrepreneurs/investors, from any country, who meet the stringent qualifications
set out by the EB-5 program are eligible to apply.
Like many other types of visas, however, each country has about 7% quota in EB-5 program. Thus a
country, as a whole, can only have 700 of the 10,000 EB-5 Visas. If a country exceeds the 7% limit,
then its nationals are placed in a waiting list.
You’ll be glad to know that if your petition is accepted for the EB-5 program, you can include your
spouse and unmarried children under the age of 21, as derivatives.
The bad news is that all derivatives are counted towards the annual cap of 10,000 visas. Thus the
Quota may get filled pretty quickly.
For instance, in 2014 China exceeded the 700 quotas. Thus, the surplus applicants had to wait in a
first come, first served waiting list for the next year’s allotment.
What you should also know is that the eligibility requirements are very narrow and many
applications are rejected. In most cases strict and ascertainable evidences are required to prove
the veracity of the requested info, especially, the source and legitimacy of the fund. One of the
main reasons for this stringent evidentiary requirement is a history of fraud and abuse such as
money laundry schemes.
This is why some lawyers encourage their clients to seek other possible ways of achieving their
immigration objectives, such as Priority Worker, under EB-1 Category, as briefly mentioned above.
Congress created an amendment to Immigrant Investors Program, known as the Regional Center Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992. EB-5 requirements for an investor under the Regional Centers are essentially the same as in the basic EB-5 investor program. However, there are at least two major differences
To find out more, please contact an Experienced, Diligent and Compassionate Chosen Immigration Lawyer to help you achieve your Immigration objectives! For a FREE case evaluation, all you need to do is to Click HERE and have a Strictly Confidential--LIVE CHAT—with your Chosen Immigration Lawyer, in your Private and S.S.L. Certificated AUDIO/VIDEO/TEXT Communication Portal.
The B-1 visa is a non-immigrant visa, which is designed for people, who wish to enter the United States for a limited time to participate in business activities of a commercial or professional nature, including, but not limited to:
Deadhead Crew: certain airline crew may enter the United States as deadhead crew with a B-1 visa
B-1 could also cover business activities could be making investments, buying goods or real estate, attending a performance or seminar, or conducting other business of an employer located abroad. Therefore, you may not qualify for B-1 visa, if you are self-employed.
In order to be eligible for a B-1 Visa, you must meet certain requirements such as:
The purpose to travel to the United States is to conduct legitimate and lawful business.
You must be coming to the United States only for a short period of time.
You must prove that you have sufficient funds to cover the expenses of your trip, including your
stay in the United States.
You must also show you maintain your residence abroad, which you have no intention of abandoning,
and that you have other binding ties with your home country, which will ensure your return at the
end of the visit.
You may be required to submit additional evidence of your intent to leave the United States upon on
or before expiration of your visa:
Return Ticket, evidence of other meetings or time-sensitive activities you need to engage in after
returning, may prove your intent.
Evidence of property ownership in your home country, ties to family (such as a spouse and
children), employment in your home country supported by documents such as contract, payment stubs
etc., may also be considered.
In addition, you must prove that you have sufficient amount of money to sustain your limited stay
in the United States. So you do not become a public charge; such as going on welfare…
This can be proved by bank accounts showing credit, cash on hand, or other means to pay for your
expenses. Or evidence that expenses have already been prepaid.
As mentioned above, B-1 visa is designed to help business people conduct the activities that are
related in or incidental to businesses located abroad.
Generally speaking, you cannot engage in any activity or perform a service that would constitute
local employment for hire within the United States.
What constitutes local employment for hire will depend on the circumstances of each case, but
generally speaking, any activity you perform in the United States must be directly connected with
and part of your employment in other countries.
If you are coming to secure funding for a new business, you cannot remain in the United States
after securing the funding. You cannot stay to start actual operations or to manage the business,
unless you change status to another classification that authorizes employment in the United
States.
You are not allowed under B-1 visa to accept salary from United States Employers.
It is permissible to conduct business activities on behalf of a foreign business in the United
States. However, it is not allowed to accept a salary from a U.S. source.
Note: There is no guarantee that the U.S. Department of State (DOS) will issue you a B-1 visa, or that DHS will grant you B-1 status, even if you present all ascertainable requested evidence.
If your country is a member of the so-called Visa Waiver Countries, then you may not need a B
category visa at all. Currently, there are 38 countries, which participate in Visa Waiver Program.
If you choose this route, you will only be allowed to stay in the United States for a maximum of 90
days at a time and, except in an emergency, cannot extend your stay.
Canadians are exempt from the visa requirement but are not subjected to the 90-day rule.
As opposed to B-1, a B-2 visa holder may not engage in business activities at all. In other words,
B-2 is designed for those people who exclusively visit the United States for the purpose of
tourism, pleasure or medical treatment.
B-2 category usually allows the successful applicant to stay in the United States for up to 6
months
Theoretically, you are allowed to apply for an extension of a B-2 visa without leaving the United States. Technically, you may be able to leave the United States on or before the last day of your visa and re-enter the very next day for another stay. This process may become complicated, if you are from a country that is labeled as a country that sponsors terrorism or you have had difficulties getting a visa in the past or you have over stayed your visa in the past, etc.
Please also note:If the U.S. Customs and Boarder Protection (CBP) becomes suspicious of your travel pattern or see
that you are spending most of your time in the United States, they may assume that you intend to
stay more than a temporary period, thus deny you entry, even though, you possess an otherwise valid
visa.
By the way, generally, if you wish to have a vacation home in the United States to live here for
about 6 months each year, you can do so, legally.
To reiterate the B-2 visa I should say that if the purpose of your travel is tourism, visiting
friends, relatives, rest and recreation, or is related to medical treatment, activities of a
fraternal, social, or service nature, or participation by amateurs who will receive no compensation
for musical, sports and similar performances or contests, then a visitor visa (B-2) would be the
appropriate type of visa for you. On the other hand, if you are planning to travel to the United
States for any different purpose such as studies, temporary employment, airlines or ship
crewmembers, journalists, etc., you must apply for the appropriate visa.
Could Foreign Press Members come to the United States with B-1 or B-2 Visas, to conduct
business?
The answer is NO!
Representatives of the foreign press, radio, film, journalists or other information media, engaging
in that vocation while in the United States, require a nonimmigrant Media (I) visa and cannot
travel to the United States using a visitor visa or on the Visa Waiver Program.
Please also note that the newly promulgated H.R 158 Law, or the so called: Visa Waiver Program
Improvement and Terrorist Travel Prevention Act of 2015 has profoundly affected this category of
visitors. You would need to know the terms of this controversial and politically motivated law,
prior to making your travel plans to the United States.
The United States of America (USA) is a Federal Republic. The literal meaning of the word
“republic”, when used in reference to the form of government, means: "a country that is governed by
elected representatives and by an elected president, rather than by a king or queen.
Moreover, in a federal republic, there is a division of powers between the executive, legislative,
and judiciary branches of the government. The main reason for this division of powers is to prevent
the concentration of powers in the hand of one body and to create a system of checks and balances.
The Supremacy Clause of the U.S. Constitution preempts state laws that interfere with or are
contrary to federal laws (Article VI, Cl. 2). With respect to immigration-related matters, the U.S.
Supreme Court has held that:
“The regulation of foreign nationals is so intimately blended and intertwined with responsibilities
of the national government that where it acts, and the state also acts on the same subject, the act
of Congress or Treaty is Supreme Law; and state law must yield to it.”
Since, Immigration Law is almost entirely a Federal Subject matter, state laws addressing
immigration are preempted by federal law. The U.S. Supreme Court has ruled that the federal
government has broad and exclusive power to regulate immigration, preempting state and local laws
that also attempt to do so
It is, however, recognized that states and local governments may enforce the criminal provisions of the Immigration and Nationalities Act (8 USC § 1101, et seq.). For example, Section 1252(c) allows state and local law enforcement to arrest and detain foreign nationals illegally present in the United States who have prior felony convictions. And under § 287(g) of that law, the U.S. Attorney General is permitted to enter agreements with states and localities to permit their law enforcement officers to perform additional duties relating to immigration law enforcement, without commandeering them. State and local enforcement efforts cannot impose new or additional penalties upon immigration law violators
Yes. When hiring an attorney to represent you in immigration law matters, the usual advice about
making sure he or she is a member in good standing of your state bar association does not
necessarily apply.
With the advent of Audio/Video/Text Live Communications, millions of websites serving every needs
and wants of the people; fast modes of transportation have indeed transformed our vast world into a
small “Global Village”. Thus, a common question that Chosen Lawyers receives from patrons is
whether a Lawyer can practice in any state?
The simple answer is NO! Lawyers, generally, must be admitted to the bar of any state they wish to
practice in. However, legal answers are rarely so simple, and indeed, there are exceptions that
would allow an attorney from one state to practice in another state
Reciprocity: Some states have agreements with other states that allow Lawyers to practice in such states. For instance, a lawyer licensed in any state, who has practiced law for more than five years is allowed to practice law in D.C. without taking the D.C. bar. Please note that practice of law without a license is a crime. In most personal injury matters, for example, the courts of the state where the accident took place or where the defendant is a domiciliary (primary residence) have subject matter jurisdictions. Thus, if you're from Arizona, and the party who is liable for an accident that injured you is from New Mexico; and the injury happened in California. You would probably need to hire a California Licensed Lawyer if you file your suit in California or a New Mexico Licensed Lawyer if you file your suit in New Mexico.
Immigration, on the other hand, is governed by Federal Law. Therefore, a Lawyer duly licensed to practice law in any state, theoretically, can represent you before Department of Homeland Security (DHS) and/or United States Citizenship and Immigration Services(USCIS) or any immigration court in any other state. You do not need to hire an out-of-state attorney. However, it is important that you hire a lawyer that is highly Experienced, Knowledgeable, Credible and Compassionate about Immigration Law. Since, immigration is a highly anxiety ridden issue to begin with. In most cases, you wish to leave your homeland and all that is familiar and dear to you behind; enter an unfamiliar world. Immigration law is federal, and is administered through a federal agency (the Department of Homeland Security). Once a lawyer has been licensed by the bar association of one or more states, that lawyer can set up practice wherever he or she chooses – in any U.S. state, or even in another country.
The immigration authorities recognize this fact, and they accept representation by lawyers who are members of the bar in different states. Note, however, that some differences in interpretation of immigration law exist between the various federal circuits. (The U.S. federal courts are divided into 13 "circuits," based on region; and many immigration matters can be appealed to those courts.) The immigration authorities must follow their local circuit court's interpretations. This can affect both everyday administrative matters as well as issues that come up in deportation or removal proceedings. Therefore, it can be helpful to hire a lawyer who has been practicing for some years in the area where your immigration case will be adjudicated.
The immigration authorities recognize this fact, and they accept representation by lawyers who are members of the bar in different states. Note, however, that some differences in interpretation of immigration law exist between the various federal circuits. (The U.S. federal courts are divided into 13 "circuits," based on region; and many immigration matters can be appealed to those courts.) The immigration authorities must follow their local circuit court's interpretations. This can affect both everyday administrative matters as well as issues that come up in deportation or removal proceedings. Therefore, it can be helpful to hire a lawyer who has been practicing for some years in the area where your immigration case will be adjudicated.
As your Multilingual Platform for Immigration Law, here at Chosen Lawyers, we do what we can to make sure that you have Immediate Access to some of the most Competent, Highly Credible and Immensely Compassionate Immigration Lawyers, Worldwide. With a Chosen Immigration Lawyer on your side, you could be on your way to achieve your immigration dreams Safely and Wisely. All you need to do is click or call on www.ChosenLawyers.com and make it happen.
For a FREE case evaluation, all you need to do is to Click HERE and have a Strictly Confidential--LIVE CHAT--in your Private and S.S.L. Certificated AUDIO/VIDEO/TEXT Communication Portal.
Section 101(a) (22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen, owes permanent allegiance to the United States.” Thus, with some exceptions, a United States Citizen, generally, is considered also a National of the United States.
The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policies. Persons may gain dual nationalities automatically by operation of different laws rather than by choice. For example, a child born in a foreign country to a U.S. national parent/s may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national.
The United States laws do not mention dual nationality/dual citizenship; nor do they require a person to choose one nationality or another. A U.S. citizen may naturalize in another country without any risk of losing his or her U.S. citizenship. However, people over the age of 18 can relinquish their U.S. nationality if they wish. In order to renounce U.S. nationality, the law requires that the person apply for the foreign nationality voluntarily; and with the intention to relinquish U.S. nationality. Intent, however, may be shown by the person’s statements and/or conducts.
Dual nationals owe allegiance to both the United States and their other country. They are required to obey the laws of both countries, and either country has the right to enforce its laws. However, dual nationality may hamper efforts of the U.S. Government to provide consular protection to dual citizens, when they are abroad, especially when they are in the country of their second nationality.
Please Remember: A United States Citizen/National must always identify herself or himself as an American; and use a U.S. passport to enter or leave the United States. However, the use of a second passport to travel to or from a country other than the United States is not inconsistent with U.S. law.
For the definition of a legal term, enter a word or phrase below.
Attorney-Client or Lawyer-Client Privilege is one of the eldest evidentiary rules recognized by the United States jurisprudence. This important privilege protects: “all confidential communications made by the client to the lawyer for the purpose of facilitating the rendition of professional legal services.”
In other words, the Client has the privilege to refuse to disclose his/her confidential communications with the lawyer, regarding a legal issue, and prevent the lawyer or lawyer’s agents and employees from disclosing such information. With a few rare exceptions, courts neither can compel the client nor the lawyer to disclose the confidential communications between them.
Once established, the Attorney-Client privilege provides what has been referred to as
“absolute protection:” protecting information against disclosure regardless of the need
or good cause for that information shown by another party.
The Attorney-Client Privilege is recognized in all states of the Union. The American
Bar Association has officially endorsed this privilege, based on the theory that
preserving client confidences serves a compelling public interest; because people are
more likely to seek legal advice and resolve their legal problems lawfully, if they
know that their communications will be private and protected for life!
This privilege covers lawyers, their employees, agents and the client’s necessary
companions such as translators, employees, agents, etc.
The Attorney-Client Privilege attaches, even if after the Free or Paid Consultation,
the lawyer does not take the case or client decides not to hire the lawyer.
In fact, Attorney-Client privilege attaches as long as the client reasonably believes that the person he/she is consulting with is a lawyer, authorized to practice law. Thus, if the lawyer is a fraud or has been disbarred or is not licensed, etc., as long as the client’s belief is reasonable, the communication is privileged and protected by law!
An accompanying visa is referred to the visa issued to person/s, generally family member/s, who accompany the main applicant.
Under the United States Federal Securities Laws, a company or private fund may not
offer or sell securities unless the transaction has been registered with the SEC or an
exemption from registration is available.
Certain securities offerings that are exempt from registration may only be offered to,
or purchased by, persons who are Accredited Investors.
One principal purpose of the accredited investor concept is to identify persons who can
bear the economic risk of investing in these unregistered securities.
An accredited investor is natural person, who has earned more than $200,000 (or
$300,000 together with a spouse) in income, each of the prior two years, and reasonably
expects the same for the current year, OR has a net worth over $1 million, either alone
or together with a spouse (excluding the value of the person’s primary home).
Adjustment of Status is referred to the process and procedures required to change from
a nonimmigrant status to permanent residency status.
The Immigration and Nationality Act (INA) offers an individual two primary methods for
obtaining their Permanent Resident Status also known as Green Card.
1) Consular Processing
A person, who has been approved and has an immigrant visa number, may apply at a U.S. Department of State Consulate abroad for an Immigrant Visa, in order to be admitted to the United States as a permanent resident.
2) Adjustment of Status
Adjustment of status is an alternate process by which an eligible person, who is already in the United States, can apply for permanent resident status without having to leave the United States, in order to complete the process. This method is known as Adjustment of Status.
Advance Parole is referred to the act of obtaining a permit to return to the United States, from the Department of Homeland Security, before leaving the United States for another country.
Affidavit of Support is a sworn statement by a sponsor, who promises that he/she/it will support the sponsored (the applicant) with stipulated needs, including food, shelter, medical help, and finances, while in the United States. So the sponsored party will not become a public charge, i.e. collect welfare or food stamp, etc.
Agricultural Worker status is referred to a type of temporary permission, which allows a person to work in farms in the United States. The strict requirements of Agricultural Worker’s status are defined by the Department of Labor.
Alien is a, somewhat, derogatory and controversial term traditionally used to define a foreign person, who owes allegiance to another country or government.
Amerasian Act referrers to a United State Law that provide Immigration benefits to certain Amerasian Children born in Vietnam, Cambodia, Korea. Laos, etc.
Applicant or petitioner is referred to the person or entity applying for a government benefit. Such a benefit could be an immigrant or nonimmigrant visa.
Appointment is referred to the notice to the Applicant indicating a date set for an Interview. An Appointment Notice, generally, includes documents that the applicant must complete prior to attending the scheduled interview.
Approval Notice is referred to the announcement by the United States Citizenship and Immigration Services (USCIS) notifying the beneficiary that his/her/its application or petition or request has been approved.
Arrival-Departure Card is referred to the form I-94, generally, given to foreign visitors, who enter the United States, at the port of entry.
Asylee is different from Refugee. A refugee on the other hand is referred to someone who is located outside of the United States, but can demonstrate that due to special humanitarian concerns for past persecution or fear of future persecution due to race, religion, nationality, political opinion, or membership in a particular social group and is not firmly resettled in another country.
“A number” is an “A” followed by eight numbers such as: A12 345 678. This number is referred to as the Alien Registration Number, which the Department of Homeland Security assigns to each foreign national applying for Permanent Residency in the United States.
A-1 Visa is a type of visa that issued to ambassadors, public ministers, career diplomats, consular officers or other high position governmental officials.
A-2 Visa is referred to the type of visa issued to personal employees, servants of high-ranking A-1 recipients and/or lower rank foreign officials.
In order to Prevent Separation of Families, the United States Government may allow a foreign National who is born in an ineligible country to participate in the Green Card Lottery by alternatively claiming chargeability to the country of birth of a spouse or a parent. In case of claiming chargeability to spouse’s country of birth, the Foreign National can claim the spouse's country of birth as his/her native country provided his/her spouse was born in an eligible country. The Foreign National can also claim chargeability to parent's country of birth, provided neither parents were a permanent resident in that country, when his/her was born.
Apprehension is referred to the actual arrest of a removable foreign national, by the United States Immigration, and Customs Enforcement (ICE).
AR-11 is referred to the Change of Address Form, which a Foreign National residing in the United States must use to report his/her change of address.
An attestation is a sworn statement made by employers to the Department of Labor before being able to bring foreign workers to the U.S. for work. The attestation may include statements that the employer is making an effort to hire more U.S. citizens, or it will pay foreign workers the same wages as paid to U.S. workers.
B-1 visa is for temporary business visitors to the United States. Under a business visa a person can participate in business activities of a commercial or professional nature, including, but not limited to:
Consulting with business associates, attend scientific, educational, short-term training, professional or business conventions, or a conference on specific dates; settling an estate; negotiating a contract, etc.
B-2 is designed for those people who exclusively visit the United States for the purpose of tourism, pleasure or medical treatment. B-2 category usually allows the successful applicant to stay in the United States for up to 6 months.
In the context of United States Immigration Law, a person on whose behalf a petition has been filed by a third party is referred to as the beneficiary of the requested action. For instance, a beneficiary may receive a lawful status as a result of his/her relationship to a US citizen, lawful permanent resident, or US employer.
Biometrics refers to metrics related to human unique physical characteristics, which
are used to identify an individual. Examples of such identifiers include, but are not
limited to fingerprint, palm print, photograph, DNA sample, face and retina
recognitions, etc.
Most Immigration Visas require Biometrics information, which enables the authorities to
distinctly identify the individual applicant.
The term Boarder Crosser is referred to a Non-National resident of the United States reentering the country after an absence of less than six months in Canada or Mexico. Border Crosser is also used to describe the non-residents of the United States, who across the Canadian border for stays of up to six months or across the Mexican border for stays of no more than 72 hours
A business plan is a formal statement of business objectives, reasons for their
attainability, and detailed description of how the proposed plan will achieve them.
In addition, an EB-5 business plan must be a “Matter of Ho-Compliant.” This means that
the business plan must show in comprehensive and credible detail, how it will create or
save the required jobs and provide the kind of comprehensive information that an
experienced investor or institutional lender would examine before making their
investment decisions.
C-1 is a Transit Visa, which allows a foreign national to enter the United States, while on their way to another country
C-2 is a Transit Visa, which allows a foreign National to travel to the United Nations (UN) Headquarters on official business or for United Nations Officials transiting through the U.S.
C-3 Transit visas are issued to Foreign Government Officials’ Immediate Family, Attendant, Servant or Personal Employee, who are transiting through the United States.
There are four Service Centers that process cases for immigration benefits. They are located in Vermont, Nebraska, Texas and California. However, all EB-5 Investment Visa Applications are processed at the United States Citizenship and Immigration Services (USCIS) California Service Center, which is located in Laguna Niguel, California.
Biometrics refers to metrics related to human unique physical characteristics, which
are used to identify an individual. Examples of such identifiers include, but are not
limited to fingerprint, palm print, photograph, DNA sample, face and retina
recognitions, etc.
Most Immigration Visas require Biometrics information, which enables the authorities to
distinctly identify the individual applicant.
A successful EB-5 investor/entrepreneur receives a Conditional Permanent Resident Green
Card, which is valid for only 2 years.
In order to obtain Permanent Residency Status, she/he must file a petition via form
I-829, to remove the condition, during the 90 days prior to the expiration of the
conditional Green Card.
NOTE: The Conditional Green Card cannot be renewed.
If the condition is not removed, the holder will lose his/her Permanent Resident
Status.
Corporate Attorneys are lawyers, who, generally, work for corporations or governmental agencies. In the context of EB-5 investment program, Corporate Attorneys may be retained to make sure the EB-5 projects comply with Securities and Exchange Commission (SEC) rules and regulations
The Immigration and Nationality Act (INA) offers an individual two primary methods for
obtaining their Permanent Resident Status also known as Green Card.
1) Consular Processing
A person, who has been approved and has an immigrant visa number, may apply at a U.S.
Department of State Consulate abroad for an Immigrant Visa, in order to be admitted to
the United States as a permanent resident.
2) Adjustment of Status
Adjustment of status is an alternate process by which an eligible person, who is
already in the United States, can apply for permanent resident status without having to
leave the United States, in order to complete the process. This method is known as
Adjustment of Status.
A corporation is an independent legal entity owned by shareholders. This means that the
corporation itself; not the owners, is held legally accountable for actions and
liabilities that the business incurs.
In the United States, all corporations are created under the laws of the particular
state. Laws of the state of incorporation control almost all matters of corporate
governance, such as: powers of shareholders, board of directors, payments of dividends,
acquisitions and mergers, etc.
When deciding to set up or invest in a business, it is essential to know the various
forms of corporations and organizations. There are many important differences amongst
them:
1) Sole Proprietorship
SIn a Sole Proprietorship, the owner of the business carries on the affairs of the business as an individual. Thus, she/he is personally liable for all debts and obligations of the business. This includes taxes, which she/he must report all gains and losses in her/his own personal income tax return.
2) General Partnership
The term general partnership is a bit confusing. That is because all partnerships are
general unless a particular statutory requirement for a limited partnership is complied
with.
In all States general partnerships are governed by statutes devised based on Uniform
Partnership Act (UPA).
The UPA defines a partnership as “association of two or more people to carry on, as
co-owners, a business for profit.”
No formal registrations are required to form a general partnership: as soon as two or
more people join together to operate a business for profit, a general partnership is
automatically formed by operation of law.
Creation of Partnership by Estoppel:
In fact, when two or more people who do business, without the intention to be partners,
may be found to have created a partnership by estoppel, if they represent to the
outside world that they are in partnership together. Thus they may be liable for debts
and obligations of each other.
The most important factor in a general partnership is that each partner is personally
liable for all debts and obligations of the partnership.
3) Limited Partnership (LP)
All States allow the formation of an organization called: Limited Partnership.
Unlike General Partnerships, in order to create a Limited Partnership, the partners
must file a formal statement of organization with the Secretary of State, and draw up a
written agreement amongst them.
In a Limited Partnership there are two types of partners:
4) Limited Liability Partnership (LLP)
In a Limited Liability Partnership (LLP), partners must file a formal statement of
election with the Secretary of State. Once the partners file the statement of election,
generally, no partner will be liable for the debts of the LLP beyond their agreed
and/or contributed amounts.
LLP organizations are mostly preferred by professionals such as Lawyers and
Accountants. The main reason for this election is that individual partners are,
generally, not liable for malpractice committed by other partners.
5) Limited Liability Company (LLC)
Limited Liability Company (LLC) is a new form of organization, which has been
recognized by all States, since the 1990s.
Main features:
Those who have an interest in a Limited Liability Company (LLC) are referred to a
“Members” rather than “Partners” in a Partnership.
The country of Last Residence is referred to the primary home (domiciliary) of a
person, prior to entering the United States.
Country of Birth
Country of Birth is referred to the place, where a person was born.
In order to Prevent Separation of Families, the United States Government may allow a foreign National who is born in an ineligible country to participate in the Green Card Lottery by alternatively claiming chargeability to the country of birth of a spouse or a parent. In case of claiming chargeability to spouse’s country of birth, the Foreign National can claim the spouse's country of birth as his/her native country provided his/her spouse was born in an eligible country. The Foreign National can also claim chargeability to parent's country of birth, provided neither parents was a permanent resident in that country, when his/her was born.
Generally, the Country of Citizenship of a person is the country where a person is born in and/or naturalized in. Providing he/she has not renounced or has not been stripped of citizenship.
Crewmember, formerly known as Crewman, is referred to a person, who is working on board of sea vessels or international airlines in the United States. Providing such services are required for normal operation and the crewmember intends to depart the United States on the same vessel or any other vessel within 29 days.
Criminal Removal is referred to the deportation or removal of a non-citizen of the United States who has been charged under a section of the Immigration and Nationality Act. It is required that the criminal charge and conviction are the basis for the removal of the criminal; or the conviction makes the non-citizen removable.
Some foreign nationals who wish to become lawful permanent residents (LPRs) face extended backlogs in visa number availability. Since visa number backlogs vary enormously by the country against which an applicant is counted or “charged,” it is important to understand the options for favorable chargeability, including chargeability to a spouse’s country of birth. The latest guidelines related to cross-chargeability are detailed in the U.S. Citizenship and Immigration Services (USCIS)
In a nutshell, when a Green Card applicant is subject to a waiting list, but is the child or the spouse of a person born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
The DS-160, Online Nonimmigrant Visa Application form, is for temporary travelers to
the United States, and for K fiancé visas.
Form DS-160 must be submitted electronically to the Department of State website via the
Internet. Consular Officers use the information entered on the DS-160 to process the
visa application. They may schedule a personal interview as well, in order to determine
an applicant’s eligibility for a nonimmigrant visa.
Direct Equity Model in the context of EB-5 Investment program is a bit confusing. The EB-5 regulations require that an entrepreneur make an “Equity” investment in a qualifying business rather than “Loan” to the business. However, many Regional Centers create limited Partnership Companies, which takes the EB-5 Investor’s money and then loans it to the designated EB-5 project.
EB-5 investments made directly rather than through a Regional Center, must create or preserve 10 fulltime Direct Jobs for the United States workers for two years. United States Citizenship and Immigration Services (USCIS) defines Direct Jobs as actual identifiable jobs for qualified employees located within the commercial enterprise that receives the EB-5 investment
A prospective EB-5 investor may be required to complete a Due Diligence Questionnaires
prior to making their final decision on investment in an EB-5 qualified business
investment entity.
The due diligence questionnaire is designed to make relatively sure that the investor
has fully researched the viability of the investment and the business project that will
receive their investment
D-Visas are nonimmigrant visas for Crewmembers working on board of sea vessels or
international airlines in the United States, providing services required for normal
operation. Of course, the Crewmembers must intend to depart the United States on the
same vessel or any other vessel within 29 days.
On the other hand, if someone travels to the United States to join a Vessel, which
he/she will work on, in addition to a crewmember D Visa, she/he also must obtain a C-1
Transit Visa or a combination C-1/D visa.
Deferred Inspection is a procedure, which is used when an immediate decision concerning
the immigration status of an arriving traveler cannot be made at the port of entry, due
to a lack of documentation. On a case-by-case basis, the port of entry may schedule the
traveler to report to a Deferred Inspection Site, at a future date, in order to present
the necessary documentation and/or information in order to resolve the issues
raised.
There are currently 70 Deferred Inspections Sites throughout the United States and the
outlaying territories.
Department of Labor is in charge of issuing Foreign Labor Certificates for foreign workers, who wish to work in the United States on a temporary or permanent basis. DOL examines and decides whether there is a shortage of American workers, who could fill a particular job, in order to issue a certificate.
Established in 1789, the United States Department of State (DOD), also known as the
State Department, is a Federal Executive Department. DOS is responsible for the
International Relations of the United States. DOS is equivalent to the Foreign Ministry
of other countries.
DOS advances U.S. objectives and interests by implementing the President's foreign
policy. It also provides important services to U.S. citizens and to foreign nationals
seeking to visit or immigrate to the U.S.
The departure of a foreign national, from the United States, which is physically observed by the U.S. Immigration and Customs Enforcement (ICE) officials.
Under Immigration law, a dependent is, generally, referred to a spouse, and unmarried children under the age of 21.
A Foreign National, who is in the United States, but subject to any grounds of removal specified in the Immigration and Nationality Act. This includes anyone, who is illegally in the United States, regardless, of whether he/she entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status
Deportation is referred to the formal removal of a foreign national from the United States when he/she has been found removable for violating the immigration laws. An immigration judge orders deportation without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, foreign nationals in and admitted to the United States may be subject to removal based on deportability also known as Removal. The U.S. Immigration and Customs Enforcement (ICE) enforces such orders.
Derivative citizenship refers to citizenship acquired by children (born or adopted) through a U.S. citizen parent or parents, depending on the law in effect at the time of a person’s birth.
A District is referred to the geographical areas into, which the United States, and its
territories are divided for the Immigration and Naturalization field operations; there
are three overseas offices located in Rome, Bangkok, and Mexico City.
Each District Office, headed by a District Director, has a specified service area that
may include part of a state, an entire state, or many states. District Offices are
where most USCIS field staff is located. District Offices are responsible for providing
certain immigration services and benefits to residents in their service area, and for
enforcing immigration laws in that jurisdiction. Certain applications are filed
directly with District Offices, many kinds of interviews are conducted at these
Offices, etc.
The Diversity Visa Program (DV Program), or Green Card Lottery is administered annually
by the Department of State (DOS); which makes up to 50,000 immigrant visas available
annually; drawn from random selection among all entries to individuals who are from
countries with low rates of immigration to the United States.
DV lottery is conducted under the terms of Section 203(c) of the Immigration and
Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649)
amended via INA 203 provides for a new class of immigrants known as "diversity
immigrants" (DV immigrants). The lottery makes available 50,000 permanent resident
visas annually to natives of countries deemed to have low rates of immigration to the
United States
Docket Control is referred to the INS mechanism for tracking the case status of
potentially removable foreign nationals.
Do all EB-5 Investment Visa Seekers have to apply through Regional Centers?
The answer is no. EB-5 applicants can invest in non-regional center projects. This type
of investment is referred to as “Direct Investment.” However, approximately 90 percent
of all EB-5 applicants are processed through regional centers. There are many important
reasons for this influx of applicants to regional centers: job creation and management
roles in EB-5 projects are the most important ones. …
All investment offerings made by EB-5 Regional Centers are subject to U.S. Securities &
Exchange Commission’s regulations.
Dual Citizen is referred to a person, who is a national of two countries at the same
time. Each country has its own nationality laws. Persons may have dual nationality by
automatic operation of different laws rather than by choice. For example, a child born
in a foreign country to U.S. national parents may be both a U.S. national and a
national of the country of birth.
A U.S. national may acquire foreign nationality by marriage, or a person naturalized as
a U.S. national may not lose the nationality of the country of birth. U.S. laws neither
mention dual nationality nor require a person to choose one nationality or another.
Also, a person who is automatically granted another nationality does not risk losing
U.S. nationality. However, a person who acquires a foreign nationality by applying for
it may lose U.S. nationality.
In order to lose U.S. nationality, the law requires that the person must apply for the
foreign nationality voluntarily, by free choice, and with the intention to give up U.S.
nationality
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States, when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
EB-1 category is the first-preference Employment-based Visa, which is designed for people with extraordinary ability, outstanding professors or researchers, multinational executives or managers.
Each of the above categories has certain requirements that must be met. Here is a brief description:
1) Extraordinary Ability
An EB-1 applicant under this category must prove that he/she has “extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.” Such achievements must be recognized in each field through extensive documentation. However, the applicant is not required to have and offer of employment.2) Outstanding Professors and Researchers
An EB-1 applicant under this category must prove that he/she is internationally recognized for outstanding achievements in a particular academic field, with at least 3-years-experience in teaching or research in that academic area.
In addition, he/she must have an employment offer, and show that his/her reason for immigrating to the United States is to pursue teaching tenure or comparable research position at a university or other institution of higher education.
3) Multinational Manager or Executive
To qualify for an EB-1 visa in this category, the applicant must have been employed outside the United States in the 3 years preceding the application for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. The applicant must have been employed, outside the United States, in a managerial or executive capacity with the same employer, an affiliate, or a subsidiary of the employer.
Under the United States Immigration Law, Eb-2 is referred to as the second preference, Employment-based Immigrant Visa (Green Card or Permanent Residency Status). This type of Employment-based Immigrant Visa consists of three categories:
1) Jobs that require Advanced Degrees
The EB-2 applicant must apply for a job that requires an advanced degree. To be eligible for such jobs, the job seeker must have a Bachelor’s Degree or equivalent plus 5 years “progressive work experience” in the field.
Moreover, the applicant must be a member of that profession.
2) Exceptional Ability
The EB-2 applicant must show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”3) National Interest Waiver
The EB-5 applicant must show that he/she should be eligible for waiver of Labor
Certification, because his/her services are in the interest of the United States.
Although there is not a specific list of jobs, which qualify for a national interest
waiver, generally, people who have exceptional abilities are granted such a waiver.
Those seeking a national interest waiver can petition on their own behalf. Thus they do
not need an employer to sponsor them.
Under the United States Immigration Laws, Eb-3 is referred to as a third preference,
which is an Employment-based Immigrant Visa (Green Card or Permanent Residency Status)
category.
This type of visa is reserved for “Professionals” and “Skilled Workers” or “Other
Workers.”
United States Citizenship and Immigration (USCIS) defines “Skilled workers” as People
whose job requires a minimum of 2 years training or work experience, not of a temporary
or seasonal nature.”
A Professional, on the other hand, is defined as a person, whose job requires at least
a U.S. Bachelor’s Degree or a foreign equivalent. The professional must be “a member of
the profession.”
The term “other workers” is referred to a subcategory of people working in unskilled
type work that requires less than 2 years training or experience, in a job that is not
considered temporary or seasonal.
Of course, in addition to the above, it must be shown that there is not a qualified
worker available in the United States to do the job. The applicant, generally, must
apply for a labor certification through the Department of Labor and have a permanent
full-time job.
Under the United States Immigration Law, Eb-4 is referred to the fourth preference
Employment-based Immigrant Visa (Green Card or Permanent Residency Status)
category.
Eb-4 is also referred to as Special Immigrant visa or “Catch All,” created by the
Congress, under Section 101(a)(27) of the Immigration and Nationality Act (INA), for
people, who do not qualify under other Immigrant Visa Categories.
People working in the following job-categories may be eligible for EB-4 Visa:
Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Residency Status on the basis of their Capital Investment in a New Commercial Enterprise, or a troubled business, which must produce or preserve at least 10 full time jobs for American Workers. A Commercial Enterprise is defined by USCIS as any for-profit and lawful business including, but not limited to:
Congress created the EB-5 Immigrant Visa Program during the recession of 1990. This
program was designed to stimulate the U.S. economy through job creation and to
encourage the inflow of Capital to the United States by foreign investors.
By 2005, this program had not yet become successful: not because of lack of interested
investors, but because of difficult applications and unreasonably sloppy process;
including a long adjudication, which had led to the suspension of processing on over
900 EB-5 cases—some of which dated back all the way to 1995.
By the end of 2011 fiscal year, more than 3,800 EB-5 applications had been filed;
compared to about 800 applications in 2007.
However, EB-5 program toped its allotted 10,000 for the first time in August 2014. As a
result of which the State Department stopped issuing EB-5 visas until the beginning of
the next fiscal year, which started in October of 2014.
According to some studies EB-5 Investors have contributed to the United States Economy
$3.4 billion dollars and created or preserved 42,000 jobs, in 2012, alone.
a) File Form I-526, Petition by Alien Entrepreneur
b) Upon approval of Form I-526 petition, either:
c) File Form I-485, Application to Register Permanent Residence or Adjust Status, with
USCIS to adjust status to a conditional permanent resident within the United States,
or
d) File DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, with
the U.S. Department of State to obtain an EB-5 visa for admission to the United States.
e) Upon the approval of the I-485 application or upon entry into the United States with
an EB-5 immigrant visa, the EB-5 investor and derivative family members will be granted
conditional permanent residence for a two-year period.
f) Consular Processing DS-230 Application for Immigrant Visa and Alien Registration is
submitted by EB-5 investors with approved I-526 petitions who are not in the U.S. in a
valid non-immigrant visa status.
g) This process is commonly known as “consular processing.” Once an applicant’s I-526
is approved their file is sent by the USCIS to the National Visa Center, which is under
the jurisdiction of the U.S. Department of State. The completed forms along with other
applications materials are sent by the NVC to the U.S. consulate or embassy in the
applicant’s home country. Consular processing applicants must attend an in-person
interview where they are issued an immigrant visa. Upon issuance of the immigrant visa,
an applicant and their dependent family members are permitted to enter the U.S.
Permanent residency status commences on the first date of entry into the U.S. and the
green card is mailed to the applicants shortly after their first entry on the immigrant
visa.
Job creation is the most important factor in the success of an EB-5 applicant. United States Citizenship and Immigration Services (USCIS) requires that an EB-5 Investor must create or preserve must preserve at least 10 fulltime jobs for qualified United States Employees. These jobs must be created or preserved within two years after an investor becomes a conditional permanent resident.
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job
creation and capital investment by foreign investors.
In 1992, Congress created the Immigrant Investor Program, also known as the Regional
Center Program. This sets aside EB-5 visas for participants who invest in commercial
businesses associated with regional centers, which are approved by the United States
Citizenship and Immigration Services (USCIS) based on their proposals to promote
economic growth.
Under this program, entrepreneurs (and their spouses and unmarried children under 21)
are eligible to apply for a green card (permanent residence) if they:
1) Make a minimum investment of $1 million dollars or $500,000 in a Targeted Employment
Area (TEA)
2) Plan to create or preserve 10 full-time jobs for qualified U.S. workers.
This program is known as EB-5 for the name of the employment-based fifth preference
visa that participants receive.
The individual businesses that receive EB-5 investments are referred to as EB-5 projects. An EB-5 Applicant can create her/his own EB-5 project by investing in a U.S. business or can invest in an EB-5 project that is managed by an EB-5 Regional Center.
The Immigrant Investor Pilot Program (“Pilot Program”) wascreated by Section 610 of Public Law 102-395 (October 6,1992).
EB-5 requirements for an investment under the Pilot Programare, essentially, the same as in the basic EB-5 InvestorProgram. However, the Pilot Program provides for investments that are affiliated with an economic unit known as a “Regional Center”. These investments allow for a less restrictive Job Creation Requirement based upon the concept of “Indirect” or “Direct” counts of the created or preserved jobs.
An EB- Regional Center is referred to an economic entity, private or public, which is
established for the purpose of promoting the economic growth of a region, create jobs,
improve productivity and increase capital investments.
If you wish to form an EB-5 Regional Center, you must submit for approval, a
comprehensive proposal to the United States Citizenship and Immigration Services
(USCIS), which includes:
NOTE: The United States Citizenship and Immigration Services (USCIS) designation “approval” of a regional center does not mean that the regional center’s investments are guaranteed by the U.S. Government. Nor is there a guarantee that an investor may be granted a Permanent Resident Status “Green Card” through EB-5 Investment.
Economists are experts, who study the relationship between societies’ resources and
their productions or outputs. These studies may range from the smallest of local
communities to an entire country or even the entire world.
In context of EB-5 Regional Centers Economists typically help to demonstrate the
economic impact of an EB-5 investment in creation or preservation of “Direct” or
“Indirect” and induced employment through the RIMS II, IMPLAN, REDYN, REMI and other
acceptable economic models.
Economists’ studies and findings also help the United States Citizenship and
Immigration Services (USCIS) to consider in designating an area as “Targeted
Employment Area” (TEA)
Under EB-5 Investment programs, an existing business may qualify to receive EB-5 funds in order to expand its operations. However, such an expansion must substantially change the existing businesses net worth or number of employees, due to the investment of capital. Substantial change means at least 40 percent increase either in the net worth, or in the number of employees, so that the new net worth, or number of employees amounts to at least 140 percent of the pre-expansion.
Emigration is referred to the act of existing one’s own country with the intention to permanently residing in another country.
The employer sanctions provision of the Immigration Reform and Control Act of 1986 prohibits employers from, knowingly, hiring, recruiting, or referring for a fee, any foreign national, who is unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or even criminal penalties, when there is a pattern or practice of violations.
U.S. employers are required by law to check and make sure all their employees,
regardless of citizenship or national origin, are authorized to work in the United
States. Anyone, who is not a U.S. citizen or a permanent resident, may fall into one
of three categories of persons who are eligible for employment authorization.
Category 1: You may have authorization to work in the United States as a result of
your nonimmigrant status
Category 2: You may have authorization to work for a specific employer as a result
of your nonimmigrant status
Category 3: You may be in a category, which requires you to file for permission to
work
One may be eligible for an employment-based, first-preference visa if he/she has an extraordinary ability, is an outstanding professor or researcher, or is a multinational executive or manager. Each occupational category has certain requirements that must be met:
One may be eligible for an employment-based, second preference visa if one is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.
One may be eligible for EB-3 immigrant visa preference category if he/she is a skilled worker, professional, or other worker. “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature .“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature
You may be eligible for an employment-based, fourth preference visa if you are a
special immigrant. The following special immigrants are eligible for the fourth
preference visa:
Religious Workers
Broadcasters
Iraqi/Afghan Translators
Iraqis Who Have Assisted the United States
International Organization Employees
Physicians
Armed Forces Members
Panama Canal Zone Employees
Retired NATO-6 employees
Spouses and Children of Deceased NATO-6 employees
USCIS administers the EB-5 Program. Under this program, entrepreneurs (and their
spouses and unmarried children under 21) are eligible to apply for a green card
(permanent residence) if they:
Make the necessary investment in a commercial enterprise in the United States; and
Plan to create or preserve 10 permanent full-time jobs for qualified U.S.
workers.
This program is known as EB-5 for the name of the employment-based fifth preference
visa that participants receive.
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job
creation and capital investment by foreign investors. In 1992, Congress created the
Immigrant Investor Program, also known as the Regional Center Program. This sets
aside EB-5 visas for participants who invest in commercial enterprises associated
with regional centers approved by USCIS based on proposals for promoting economic
growth.
The word Equity in its broadest term mean, to follow the Golden Rule or law of Reciprocity: “Do unto others as you would have them do unto you.” In the context of investment, Equity means an investor’s ownership interest in a company based on the total issued and distributed shares among the shareholders, including common or preferred stock minus Liabilities.
The Exchange Visitor Program is designed to promote mutual understanding/discourse
between the people of the United States (U.S.) and the people of other countries
through educational and cultural exchanges.
Exchange visitors are foreign nationals who come to the United States to take part
in Department of State-designated programs, such as:
Trainees, Professors or Scholars, Students, Specialists, International visitors,
Teachers, Research assistants, Physicians, Summer work travel programs, Auto repair
programs, Camp counselors, Exclusion/Inadmissibility
Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien's entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge.
The EOIR is an office within the U.S. Department of Justice. Its primary purpose is
to adjudicate immigration cases in a careful and timely manner, such cases include,
detained and/or criminal foreign nationals and foreign nationals seeking asylum as a
form of relief from removal.
EOIR is required by law to ensure that the standards of due process and fair
treatment for all parties, is not violated
Expatriation is referred to the act of permanently abandoning one’s own country by renunciation of citizenship. Please note that mere emigration does not mean permanent abandonment of one’s own country.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized the INS to quickly remove certain inadmissible foreign nationals from the United States. The authority covers foreign nationals who are inadmissible because they have no entry documents or because they have used counterfeit, altered, or otherwise fraudulent or improper documents. This authority covers foreign nationals, who arrive in, attempt to enter, or have entered the United States without having been admitted or paroled by an immigration officer at a port-of-entry. This law allows the immigration authorities to order the removal of a foreign national without a hearing before an immigration judge. Unless the foreign national can show that he/she has a legal status in the United States or demonstrates a credible fear of persecution if returned to his/her home country.
The F-1 Visa also known as Academic/Student visa allows one to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institutions or in a language training program. To qualify, one must be enrolled in a program or course of study that provides a degree such as, diploma, or certificate, upon successful completion. Of course the school must be authorized by the U.S. government to accept international students. For F-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.
The F-1 Visa also known as Academic/Student visa allows one to enter the United States
as a full-time student at an accredited college, university, seminary, conservatory,
academic high school, elementary school, or other academic institutions or in a
language training program.
To qualify, one must be enrolled in a program or course of study that provides a degree
such as, diploma, or certificate, upon successful completion. Of course the school must
be authorized by the U.S. government to accept international students.
For F-1 students any off-campus employment must be related to their area of study and
must be authorized prior to starting any work by the Designated School Official (the
person authorized to maintain the Student and Exchange Visitor Information System
(SEVIS)) and USCIS.
Foreign Nationals employed in the U.S. may have a U.S. Tax obligation. Please consult with an experienced Tax Expert or see the Internal Revenue Service (IRS) for more information.
This class of visa is designed to help Americans, who plan to marry a foreign national,
who is residing outside the United States. Once issued, the fiancé (e) visa (or K-1
nonimmigrant visa) allows the fiancé (e) to enter the United States for 90 days so that
the marriage ceremony can take place.
Once the marriage takes place, the foreign national spouse may apply for permanent
residence and remain in the United States while USCIS processes the application.
Please Note: If the marriage to a foreign national takes place outside the United
States or the fiancé (e) is already residing legally in the United States, one does not
need to file for a fiancé (e) visa.
A Fiscal Year is referred to the twelve-month period beginning October 1 and ending September 30.
A Foreign Government Official is referred to foreign governments’ accredited officials, who come to the United States in a capacity such as ambassadors, public ministers, career diplomats, consular officers, etc., and their spouses, unmarried children under 21, attendants, servants or personal employees.
General Naturalization Provisions is referred to the basic requirements for naturalization that every applicant must meet, unless he/she belongs to a special class. There provisions require for instance that an applicant is at least 18 years of age and a lawful permanent resident with five years of continuous residence in the United States; he/she has been physically present in the country for half that period, and establish good moral character for at least that period.
General Partner is referred to an owner of a partnership who has personal and unlimited
liabilities for financial and operational activities of the business. A general partner
is usually a managing partner, who is active in day-to-day operations of the business;
whose actions are binding on the partners and the partnership itself.
If a general partner is required to account for the financial obligations of the
partnership, his or her personal assets may be subject to liquidation.
Any one of five regions--Africa, East Asia, Latin America and the Caribbean, Near East and South Asia, and the former Soviet Union and Eastern Europe--into which the world is divided for the initial admission of refugees to the United States. Annual consultations between the Executive Branch and the Congress determine the ceiling on the number of refugees who can be admitted to the United States from each area. Beginning in fiscal year 1987, an unallocated reserve was incorporated into the admission ceilings.
“Green Card” is the Symbolic reference to Lawful Permanent Residency status in the United States. The official term for Green Card is “Alien Registration Receipt Card, Form I-551.
In the case of United States v. Campos-Serrano the Supreme Court of the United States referred to this card as an identification document, which the holder may use in lieu of a visa to reenter the United States after TEMPORARY visits abroad.
It is important to know that holding a Green Card does not give an automatic right to the holder to enter the United States. A Green Card holder must still, like other foreign nationals must show that he/she is not excludable on any basis.
H-1B Visa Category is a non-immigrant visa devised under United States Nationality Act. This visa enables United States employers to recruit temporary foreign workers for specialty occupations.
Under H-1B a specialty occupation is defined as a job that requires highly skilled
knowledge such as IT services, chemistry, medicine, law, arts, etc.
The applicant must also hold at the minimum a bachelor degree or its equivalent.
The H-1B visas are granted for up to three years and may be extended for a maximum of 6 years.
There is an annual cap on the number of H-1B visas, which is currently set at 85,000: and the quota must be available in order to apply. Moreover, the employer must petition for H-1B visas.
H-1B visa holders can bring their spouses and unmarried children under 21 years of age to the US via the H-4 Visa category as dependents. An H-4 Visa holder is allowed to remain in the United States as long as the H-1B visa holder remains in legal status. Generally, H-4 visa holders are not allowed to work in the US. However, they can attend school, obtain drivers licenses and open bank accounts.
The H-1C nonimmigrant temporary worker classification is for foreign nurses coming to
the United States temporarily to perform services as a registered nurse in a health
professional shortage area as determined by the Department of Labor (DOL).
The H-1C nonimmigrant category was introduced in 1999 specifically to address the
shortage of nurses in the United States. Applying for an H-1C nonimmigrant visa is a
multi-step process that involves coordination from DOL and USCIS. Prior to filing a
petition with USCIS for an H-1C visa, DOL must provide an attestation to petitioning
hospitals certifying that they meet the qualifications as required by regulation. Among
the qualifications, hospitals are required to be located in a “health professional
shortage area.”
This classification expired as of December 20, 2009.
The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer or agent is described in the regulations, or an association of U.S. agricultural producers named as a joint employer must file Form I-129 for Nonimmigrant Worker, on a prospective worker’s behalf.
The H-2B Visa allows U.S. employers or agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent must file Form I-129 on behalf of a prospective worker.
The H-3 nonimmigrant visa category allows foreign nationals coming temporarily to the
United States as either a:
Trainee to receive training in any field of endeavor, other than graduate medical
education or training, that is not available in the foreign national’s home
country.
Special Education Exchange Visitor to participate in a special education exchange
visitor-training program that provides for practical training and experience in the
education of children with physical, mental, or emotional
H-4 Visa is designed to help the immediate family members (spouse and unmarried children under 21 years of age) of the H visa holders (H-1A, H-1B, H-2A, H-2B, or H-3) to enter and lawfully reside in the United States. These visas are usually issued at the local US consulate office abroad. However, if the person is already in US, he/she may obtain H-4 status by filing Form I-539 for change of status.
Hemispheric Ceilings is referred to the statutory limitations on immigration to the United States, which was set from 1968 to October 1978.
Mandated by the Immigration and Nationality Act Amendments of 1965, the ceiling on immigration from the Eastern Hemisphere was set at 170,000, with a per-country limit of 20,000.
Immigration from the Western Hemisphere was held to 120,000, without a per-country limit until January 1, 1977. The Western Hemisphere was then made subject to a 20,000 per country limit. Effective October 1978, the separate hemisphere limits were abolished in favor of a worldwide limit.
In order to form a Regional Center, one must submit an I-924 Application to the U.S. Citizenship and Immigration Services (USCIS), for designation. However, while, the USCIS approval is a requirement, it is not an endorsement of any Regional Center, its owners, managers or projects.
Form I-90 is used by lawful permanent residents, and permanent residents in commuter status to apply for replacement, if their Green Cards have been lost or renewal of existing Permanent Resident Cards. Conditional permanent residents may also use this form to apply for replacement of an existing Permanent Resident Card. Conditional permanent residents may not use this application to replace, for any reason, an existing Permanent Resident Card that is expired or will expire within 90 days.
Form I-130 is an essential document to establish the existence of a familial
relationship between someone who is a United Sates Citizen or a Lawful Permanent
Resident and other Foreign Nationals.
Submission of I-130 is the first step in a two-step immigrant visa issuance process.
I-131, Application for Travel Document, is used to apply for three different types of travel documents:
WARNING: If you have lived in the United States illegally, then you may be subject to a bar to admission if you depart the United States, even if you have been issued a travel document. Please consult with an Ethical, Competent and Compassionate Immigration Lawyer, prior to leaving the United States.
This form is used by a person who is in the United States to apply to U.S. Citizenship
and Immigration Services (USCIS) to adjust to permanent resident status or register for
permanent residence.
This form may also be used, by certain Cuban nationals, who wish to request a change in
the date, which their permanent residency status began.
This form must be filed by an EB-5 Investor/Entrepreneur to petition the United States
Citizenship and Immigration Services (USCIS) for an immigrant visa under section
203(b)(5) of the Immigration and Nationality Act, as amended.
An Investor is eligible to file this petition for if she/he has established a new
commercial enterprise:
1. In which he/she will engage in a managerial or policy- making capacity;
2. In which he/she has invested or is actively in the process of investing the amount
required for the area in which the enterprise is located;
3. Which will benefit the U.S. economy; and
4. Which will create at least 10 full-time jobs for
U.S. citizens, permanent residents, or other immigrants authorized to be employed, other than himself/herself, spouse, children, or any nonimmigrant foreign nationals. Establishment of a new commercial enterprise may include:
1. Creation of a new business;
2. Purchase of an existing business with simultaneous or subsequent restructuring or
reorganization resulting in a new commercial enterprise; or
3. Expansion of an existing business through investment of the amount required, so that
a substantial change (at least 40 percent), in either the net worth, number of
employees, or both results.
Form I-539 is used to by nonimmigrants who wish to apply to U.S. Citizenship and
Immigration Services (USCIS) for an extension of their Visa or change to another
nonimmigrant status, before the current authorized stay expires.
It is suggested that this application be filed at least 45 days before the current visa
expires.
This form is used by a conditional resident, who obtained status through marriage, to request that the U.S. Citizenship and Immigration Services (USCIS) remove the conditions on his/her residence
This form must be filed by Foreign Nationals, who are temporarily in the United States, in order to request an Employment Authorization Document (EAD). Even the Foreign Nationals, who are authorized to work without restrictions, must use this form to apply to USCIS for a document that shows such authorization.
If you are a lawful permanent resident, a conditional resident, or a nonimmigrant authorized to be employed with a specific employer under 8 CFR 274a.12(b), do not use this form.
I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status
The form I-829 is for EB-5 Investor Immigrants to request the United States Citizenship and Immigration Services (USCIS) remove the conditions on their, and certain dependents’, permanent resident status, which they obtained based on investment in a commercial enterprise.
The applicant must file this form within 90-days before the second anniversary of obtaining conditional permanent resident status.
If you properly file this petition with USCIS before your conditional permanent resident status is terminated, your conditional permanent resident status is extended for one year. You will receive a filing receipt that you should carry with your Permanent Resident Card (Green Card).
If you fail to file this petition within the mandated 90-days period, USCIS will terminate your conditional permanent resident status and you will become removable from the United States. However, if your failure to file within that 90-day period was for good cause and due to justifying circumstances, you may file your petition late with a written explanation and request that USCIS, in its discretion, excuse your late filing.
The form I-924 must be filed by those who wish to apply to the United States Citizenship and Immigration Services (USCIS) in order to request designation of an entity to be a Regional Center under the Immigrant Investor Pilot Program. The same form can also be used to request approval of an amendment to a previously approved regional center.
This form may be filed by an individual who has the executive or managerial authority
to act on behalf of a Regional Center.
The purpose of Form I-924A is to demonstrate that a Regional Center is continually
eligible to function as a Regional Center. Each designated Regional Center entity must
file a Form I-924A for each fiscal year (October 1 through September 30) within 90 days
after the end of the fiscal year (on or before December 29) of the calendar year in
which the fiscal year ended.
Failure to timely file a Form I-924A for each fiscal year in, which the regional center
has been designated for participation in the Immigrant Investor Pilot Program, will
result in the issuance of intent to terminate. Failure to timely comply with the
requirements may result in the termination of the approval and designation of the
regional center.
Immediate Relatives are referred to spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older. Immediate Relatives are are exempt from the numerical limitations imposed on immigration to the United States
Immigration is referred to the action of a foreign person entering another country with the purpose of living there permanently.
Immigration Law is referred to the set of rules, conditions and requirements set out by a country, under which it will admit a foreign person into its domain.
Immigration attorneys or lawyers help people to obtain United States Immigration benefits, such as immigrant or nonimmigrant visas, defend against unlawful deportation orders, adjustment of status or becoming a citizen, etc.
The United State Law does not require that a competent individual retain a lawyer, in order to petition the Government for a Benefit. In fact “Pro Se” or self-representation is widely allowed. However, due to the convoluted and complicated Immigration..
The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.
Examples of exchange visitors include, but are not limited to:
J-2 visa is referred to the type of non-immigrant visa issued for spouses and
dependents of J-1 exchange visitor visa holders.
J-2 visa holder may request work authorization from United States Citizenship and
Immigration Services (USCIS) by submitting form I-765.
If approved, an Employment Authorization Document (EAD) will be issued, authorizing the
J-2 visitor for employment for a period of up to one year.
A joint venture (JV) is referred to a type of business arrangement, where two or more
persons (Legal or Natural) agree to accomplish a specific task, such as building a
Hotel. In a joint venture (JV), each of the participants is responsible for profits,
losses, costs and liabilities associated with it. However, the venture is a separate
entity, distinct and apart from the owners and operators.
Although a Joint Venture is a form of partnership, it can be a Corporation, Partnership
or a Limited Liability Company.
This class of visa is designed to help Americans, who plan to marry a foreign national,
who is residing outside the United States. Once issued, the fiancé (e) visa (or K-1
nonimmigrant visa) allows the fiancé (e) to enter the United States for 90 days so that
the marriage ceremony can take place.
Once the marriage takes place, the foreign national spouse may apply for permanent
residence and remain in the United States while USCIS processes the application.
Please Note: If the marriage to a foreign national takes place outside the United
States or the fiancé (e) is already residing legally in the United States, one does not
need to file for a fiancé (e) visa.
K-2 is referred to the category of visa designated for the minor child of a U.S. Citizen’s fiancé.
Immigration law allows the Foreign National spouse of a U.S. citizen and his or her
minor children to be admitted to the United States as nonimmigrants while they are
awaiting the adjudication of a Form I-130 Petition for Foreign National’s Relative. It
also allows them to obtain employment authorization while they are waiting.
Eligibility:
To be eligible for a K-3 nonimmigrant visa, an individual must:
Be married to a U.S. citizen
Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen
spouse on his or her behalf
A child may be eligible for a K-4 visa if:
He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa
applicant
Note: In order for a K-4 who is a step-child of a U.S. citizen to immigrate as a
relative of the U.S. citizen step-parent (whether through adjustment of status in the
United States or an immigrant visa abroad) the marriage between his or her parent and
the U.S. citizen must have occurred before his or her 18th birthday.
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company, which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file a Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.
A transferring employee may be accompanied or followed by his/her spouse and unmarried
children who are under 21 years of age. Such family members may seek admission in L-2
nonimmigrant classification and, if approved, generally will be granted the same period
of stay as the employee.
If these family members are already in the United States and seeking change of status
to or extension of stay in L-2 classification, they may apply collectively submit the
Form I-539, Application to Change/Extend Nonimmigrant Status
Labor Certification is a required step for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the lack of U.S. workers to undertake the employment sought by an applicant, and the effect of the foreign national’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work
Attorney-Client or Lawyer-Client Privilege is one of the eldest evidentiary rules recognized by the United States jurisprudence. This important privilege protects: “all confidential communications made by the client to the lawyer for the purpose of facilitating the rendition of professional legal services.”
In other words, the Client has the privilege to refuse to disclose his/her confidential communications with the lawyer, regarding a legal issue, and prevent the lawyer from disclosing such information. With a few rare exceptions, the court neither can compel the client nor the lawyer to disclose the confidential communications between them.
Once established, the Attorney-Client privilege provides what has been referred to as “absolute protection:” protecting information against disclosure regardless of the need or good cause for that information shown by another party.
The Attorney-Client Privilege is recognized in all states of the Union. The American Bar Association has officially endorsed this privilege, based on the theory that preserving client confidences serves a compelling public interest; because people are more likely to seek legal advice, and resolve their legal problems lawfully, if they know that their communications will be private and protected for life!
This privilege covers lawyers, their employees, agents and the client’s necessary companions such as translators, employees, agents, etc.
The Attorney-Client Privilege attaches, even if after the Free or Paid Consultation, the lawyer does not take the case or client decides not to hire the lawyer.
In fact Attorney-Client privilege attaches as long as the client reasonably believes that the person he/she is consulting with is a lawyer, authorized to practice law. Thus, if the lawyer is a fraud or has been disbarred, etc., as long as the client’s belief is reasonable, the communication is privileged and protected by law!
A maximum of 55,000 visas were issued to spouses and children of foreign nationals legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years 1992-94.
Most countries have legal procedures for natural fathers of children born out of wedlock to acknowledge their children. A legitimated child from any country has two legal parents and cannot qualify as an orphan unless:
The Legal Immigration and Family Equity (LIFE) Act amendments of 2000 added the K-3
visa category for foreign spouses and K-4 category for stepchildren of U.S. citizens.
Due to a backlog of immigrant visa petitions (Forms I-130, Petition for Alien Relative)
at that time, a long separation could occur between the overseas fiancé(e) and their
intended U.S. citizen spouse. To prevent a long separation, U.S. citizens were allowed
to file an additional petition on Form I-129F while their Form I-130 was pending to
allow their foreign spouses and his/her minor children to come to the United States as
nonimmigrants in an expedited manner.
The LIFE Act requires applicants to apply for a K-3 visa in the country where their
marriage to the U.S. citizen petitioner occurred, or in the event the petitioner and
applicant were married in the United States, the country of the applicant’s current
residence. After arrival in the United States, they could then complete their
processing for permanent residence.
A Limited Liability Company is a hybrid type of legal structure that provides the limited liability features of a corporation and the tax efficiencies and operational flexibility of a partnership.
The "owners" of an LLC are referred to as "members." Depending on the state, the members can consist of a single individual (one owner), two or more individuals, corporations or other LLCs.
Unlike shareholders in a corporation, LLCs are not taxed as a separate business entities. Instead, all profits and losses are "passed through" the business to each member of the LLC. LLC members report profits and losses on their personal federal tax returns, just like the owners of a partnership would.
Limited Liability Company (LLC) is a new form of organization, which has been
recognized by all States, since the 1990s.
Main features:
Those who have an interest in a Limited Liability Company (LLC) are referred to a
“Members” rather than “Partners” in a Partnership.
a) Members can Limit their liability to the amount invested
b) Members can choose to be taxed either as a corporation or as a partnership
In a Limited Liability Partnership (LLP), partners must file a formal statement of election with the Secretary of State. Once the partners file the statement of election, generally, no partner will be liable for the debts of the LLP beyond their agreed and/or contributed amounts. LLP organizations are mostly preferred by professionals such as Lawyers and Accountants. The main reason for this election is that individual partners are, generally, not liable for acts of malpractice committed by other partners.
All States allow the formation of an organization called: Limited Partnership.
Unlike General Partnerships, in order to create a Limited Partnership, the partners
must file a formal statement of organization with the Secretary of State, and draw up a
written agreement amongst them.
In a Limited Partnership there are two types of partners:
c) One or more General Partners, who are personally liable for the debts and
obligations of the partnership.
d) One or more Limited Partners, who are not liable beyond their contributed amounts to
the partnership.
A Lobbyist is a person who tries to influence the decisions made by officials of a government, such as legislators.
Despite the fact that majority of constituents equate the act of lobbying as..
The M-1 Visa is in Vocational Student category, which includes students in vocational (job-related) or other nonacademic programs, other than language training. For M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.
M-2 nonimmigrant visa is designated for the spouse and/or qualifying children of a M-1 Student Visa holder
A Metropolitan Statistical Area (MSA) is referred to the core area with a large population and the adjacent communities, which have high degrees of social and economic integration, with the core.
The US Office of Management & Budget (OMB) defines the boundaries of a MSA. Generally, counties containing at least one city or urbanized area with a population of at least 50,000 and a total metropolitan population of at least 100,000 qualified as a MSA.
If a MSA has one million or more people, it may be recognized as a Consolidated Metropolitan Statistical Area (CMSA). New England is an exception.
A Migrant is a person who leaves his/her country of permanent residency in order to seek residence in another country.
Mezzanine financing is referred to a hybrid type of debt and equity arrangement, which gives the lender the right to convert its loan into an equity interest (ownership) in a company, in case of default.
Lenders usually provide mezzanine capital, without in depth due diligence and no collateral. Mezzanine Loan can be structured as unsecured and subordinated debt or preferred stock, which is senior only to that of the common shares.
This is why Mezzanine financing is often more expensive form of financing than secured debts.
Form N-400 is an application to become a naturalized U.S. citizen.
If you wish to adjust your status from lawful permanent residency or your biological or
any of your legal adoptive mother or father is a U.S. citizen by birth, or was
naturalized before you reached your 18th birthday, you may already be a U.S. citizen.
You must use form N-565 in order to apply for a replacement to your
Naturalization/Citizenship Document.
The completed form must be filed with the U.S. Citizenship and Immigration Services
(USCIS) for a replacement of a:
1. Certificate of Naturalization;
2. Certificate of Citizenship;
3. Declaration of Intention;
4. Repatriation Certificate; or
5. To apply for a special certificate of naturalization to be recognized as a U.S.
citizen by a foreign country.
This form is an application for a Certificate of Citizenship. You should file this application if you are requesting a Certificate of Citizenship because you were born outside the United States to a U.S. citizen parent; or If you are requesting a Certificate of Citizenship because you automatically became a citizen of the United States after birth, but before you turned 18 years old. (A parent or legal guardian can also file Form N-600 on behalf of a minor child.)
Nicaraguan Adjustment and Central American Relief Act.
A national of a country is referred to a person owing permanent allegiance to that state.
After the United States Citizenship and Immigration Services (USCIS) approves an immigrant visa petition (application), it forwards the approval to the National Visa Center (NVC) located in Portsmouth, NH. The NVC collects visas and all the supporting evidence that is submitted by the petitioners (visa applicants). The NVC makes this information accessible for U.S. embassies and consulates so the information can be accessed during interviews conducted at U.S. embassies and consulates abroad.
Naturalization is the process by, which U.S. citizenship is granted to a foreign national after he/she has fulfilled the requirements established by Congress in the Immigration and Nationality Act (INA).
Nonimmigrant is referred to a foreign national who seeks temporary entry to United States for a specific purpose. The foreign national must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiancé of a U.S. citizen, intra-company transferee, NATO official, religious worker, and some other. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.
A nonimmigrant visa is issued to someone who lives in another country and wishes to come to the United States for a specific purpose and time.
Non-preference visas were available to qualified applicants not entitled to a visa under the preference system, until the category was eliminated by the Immigration Act of 1990. Non-preference visas for persons not entitled to the other preferences had not been available since September 1978 because of high demand in the preference categories. An additional 5,000 Non-preference visas were available in each of fiscal years 1987 and 1988 under a provision of the Immigration Reform and Control Act of 1986. This program was extended into 1989, 1990, and 1991 with 15,000 visas issued each year. Foreign Nationals born in countries from which immigration was adversely affected by the Immigration and Nationality Act Amendments of 1965 (Public Law 89-236) were eligible for the special Non-preference visas.
A non-recourse debt or a nonrecourse loan is a type of debt/loan, which is secured by a pledge of collaterals such as real estate, equipment, vehicles, etc., but for which the borrower is not personally liable.
In other words, if the borrower/debtor defaults on payments, the lender can seize the pledged collateral itself. Thus if the value of the ceased property is less than the amount of the debt/loan, the lender cannot seek deficiency payments from the borrower: the recovery is limited only to the value of the collateral.
The Public Law 103-182 (Act of 12/8/93) superseded the United States-Canada Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal trading relationship between the United States and Canada (see United States-Canada Free-Trade Agreement), and establishes a similar relationship with Mexico.
Public Law 101-238 (Act of 12/18/89), provides for the adjustment to permanent resident status of certain nonimmigrants who as of September 1, 1989, had H-1 nonimmigrant status as registered nurses; who had been employed in that capacity for at least 3 years; and whose continued nursing employment meets certain labor certification requirements.
The O-1 Nonimmigrant Visa is for the individuals who possess extraordinary ability in
the sciences, arts, education, business, or athletics, or who has a demonstrated record
of extraordinary achievement in the motion picture or television industry and has been
recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:
O-1A Visa is designated for individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
O-1B Visa is designated for individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
O-2 Visa is designated for individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker must have critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
O-3 Visa is designated for individuals who are the spouse or children of O-1’s and O-2’s
The Immigration and Nationality Act defines an orphan, for the purposes of
immigration to the United States, as a child whose both parents disappear,
abandon or desert the child. The child of an unwed mother or surviving parent may
be considered an orphan if that parent is unable to care for the child properly
and has, in writing, irrevocably released the child for emigration and adoption.
The child of an unwed mother may be considered an orphan, as long as the mother
does not marry (which would result in the child's having a stepfather) and as
long as the child's biological father has not legitimated the child. If the
father legitimates the child or the mother marries, the mother is no longer
considered a sole parent. The child of a surviving parent may also be an orphan
if the surviving parent has not married since the death of the other parent
(which would result in the child's having a stepfather or stepmother).
In order to qualify as an immediate relative, the orphan must be under the age of
sixteen at the time a petition is filed on his or her behalf. To enter the United
States, an orphan must have been adopted abroad by a U.S. citizen (and spouse, if
married) or be coming to the United States for adoption by a citizen.
Note: Prospective adoptive parents should be sure that a child fits the
definition of "orphan" before adopting a child from another country, because not
all children adopted abroad meet the definition of "orphan," and therefore may
not be eligible to immigrate to the United States.
A child born to parents, who were not legally married to each other, at the time
of the child’s birth.
Note: Adoptive and prospective adoptive parents of a child who was born out of
wedlock in any country should find out whether or not the child has been
legitimated.
The P-1A classification visa is designated for Internationally Recognized Athlete, who wishes to enter the U.S. temporarily to perform, at an internationally recognized level.
P-1B Visa is devised for Members of an Internationally Recognized Entertainment Group, who wish to travel to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
The P-2 classification applies to those coming to the United States, temporarily, to perform as an artist or entertainer, individually or as part of a group; who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.
The P-3 Visa is designed for an Artist or Entertainer coming to the United States, temporarily, in order to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
The P-4 Visa is designed for the spouse and unmarried children under 21 years of age of P-1, P-2 and P-3 athletes, artists and entertainers to accompany them to the U.S.
A parolee is a foreign national, appearing to be inadmissible to the inspecting officer, but allowed into the United States for urgent humanitarian reasons or when that foreign national’s entry is determined to be for significant public benefit.
A beneficiary of Advance Parole is also referred to as a Parolee. Advance Parole is designed to help a foreign national residing in the United States under an status other than lawful permanent resident residency, who has an unexpected need to travel and return, and whose conditions of stay does not otherwise allow for readmission to the United States if they depart. A Parole does not constitute a formal admission to the United States and confers a temporary status only, which requires the Parolee to leave when the conditions supporting their parole cease to exist or their status changes to Lawful Permanent Residency.
The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available.
No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more than 2 percent may issued to any one dependency of any independent country.
The per-country limit does not indicate, however, that a country is entitled to the maximum number of visas each year, just that it cannot receive more than that number.
The somewhat derogatory term, Permanent Resident (Alien) is referred to a foreign national, who is admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any foreign national in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal foreign national who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a lawful permanent resident.
Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They are issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.
A petition, for immigration purposes, is a formal written request made to the Appropriate Authorities for a specific benefit, i.e. visa, adjustment of status, etc.
Petitioner is a person or entity that makes the formal request for a specific benefit.
A Port of Entry is referred to any location in the United States and its territories, which is designated as a point of entry for foreign nationals, and the United States Citizens.
All district and files control offices are also considered ports, since they become locations of entry for foreign nationals’ adjusting their statuses.
Preferred stock is referred to a stock type that has preferential rights in comparison to common stock. Such rights include payments of dividends and amounts distributable on liquidation.
Preferred stocks enjoy seniority to common stock, but are subordinate to bonds in terms of claims or rights to share of assets of a company and payment of dividends or upon winding down and liquidation.
The preference system is a method of distributing the limited number of immigrant visa numbers available each year.
Since fiscal year 1992, there are nine categories among which the family-sponsored and employment-based immigrant preference visas are distributed.
Some relatives of a U.S. citizen or permanent resident who are not known as an "immediate relative" may qualify to apply for permanent residency. However, they must wait in order of priority described below, until a visa becomes available to them:
The employment-based preferences are:
You may be eligible for an employment-based visa to the United States
based on the following Preference Based Categories:
1) Priority workers (persons of extraordinary ability, outstanding
professors and researchers, and certain multinational executives and
managers);
2) Professionals with advanced degrees or aliens with exceptional
ability;
3) Skilled workers, professionals (without advanced degrees), and needed
unskilled workers;
4) Special immigrants; and
5) Employment creating immigrants (investors).
Pre-inspection is referred to a complete immigration inspection of airport passengers before departure from a foreign country. No further immigration inspection is required upon arrival in the United States other than submission of Form I-94 for nonimmigrant foreign nationals.
Premium Processing Service provides expedited processing for certain employment-based petitions and applications.
The United States Citizenship and Immigration Services (USCIS) guarantees 15-Calendar Day processing to those petitioners or applicants who choose to use this service. If USCIS does not comply with the 15 days processing time, then it will refund the Premium Processing Service Fee. Even if the fee is refunded, the subject case will continue to receive expedited processing.
The 15 -Calendar day period will begin when USCIS receives the current version of Form I-907.
USCIS will issue an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within the 15-Calendar day period.
rincipal Alien is referred to the foreign national who applies for immigrant status and from whom another foreign national may derive lawful status under immigration law or regulations (usually spouses and minor..
The Q-1 is a nonimmigrant visa for participation in certain international cultural exchange programs. These programs are designed to provide practical training and employment and allow program participants to share the history, culture, and traditions of their home countries in the United States.
A person, who wishes to participate in an international cultural exchange program; must be approved, in advance, by the United States Citizenship and Immigration Services (USCIS), on the basis of a petition filed by the U.S. sponsor.
Q-2 Visa also known as the Irish Peace Process Cultural and Training Program, is designated for humanitarian policies exclusively for the Irish nationals, to provide an opportunity for the young people in areas that have a long history of violence and chronic unemployment to learn job skills and conflict resolution.
The following requirements must meet the approval for Q-2 Visa:
a) The applicant must be from Northern Ireland or one of the countries in the Republic
of Ireland that borders Northern Ireland.
b) The applicant must be of 35 years or under at the time of his/her entry into the
US.
c) The applicant must have resided in a qualifying location (Northern Ireland or one of
the six countries in the Republic of Ireland) for at least three months prior to
submitting an application for Q-2 Visa.
Please Note: The Q nonimmigrant visa does not have a provision for any spouse or children to accompany or follow to join a Q-1 nonimmigrant. Therefore, any spouse or children must qualify for a visa classification for which they may be eligible.
R-1 is a Nonimmigrant Visa designated for foreign nationals who are coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation, for an average of at least 20 hours per week.
An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification. An R-2 dependent is not authorized to accept employment based on this visa classification.
Under United States laws, a refugee is someone who:
A) Is located outside of the United States
B) Is of special humanitarian concern to the United States
C) Demonstrates that they were persecuted or fear persecution due to race, religion,
nationality, political opinion, or membership in a particular social group
Is not firmly resettled in another country
D) Is admissible to the United States
A refugee does not include anyone who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.
The number of refugees approved for admission to the United States during a fiscal year. Immigration and Naturalization Service officers in overseas offices make refugee approvals.
The number of refugees the Immigration and Naturalization Service initially admits to the United States through ports of entry during a fiscal year.
This term refers to the maximum number of refugees allowed to enter the United States in a given fiscal year. As set forth in the Refugee Act of 1980 (Public Law 96-212) the President determines the annual figure after consultations with Congress
A refugee-parolee is referred to a qualified applicant for conditional entry, between February 1970 and April 1980, whose application for admission to the United States could not be approved because of inadequate numbers of seventh preference visas. As a result, the applicant was paroled into the United States under the parole authority granted to the Secretary of Homeland Security.
The term removal is referred to the deportation or expulsion of a Foreign National from the United States. This decision may be based on grounds of inadmissibility or deportability.
Resettlement is referred to the permanent relocation of refugees in a place outside their country of origin, which allows them to establish residence and become productive members of society there. Refugee resettlement is accomplished with the direct assistance of private voluntary agencies working with the Department of Health and Human Services Office of Refugee Resettlement.
In the context of EB-5 Investment Visa Program, a rural area is referred to any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.
The S Visa category is designated to foreign nationals who are informants or witnesses to crimes, and they are ready, willing and able to assist the United States Law Enforcement to investigate and prosecute crimes and terrorist activities. Until 1994, there was no separate classification for such people. Instead, they were admitted into the US in parole status. In 1994, The Violent Crime Control and Law Enforcement Act created the S category. There are two types of S visas, the S-5 and S-6.
In order for a foreign national to qualify for a S-5 Visa, an interested federal or
state law enforcement authority (LEA) must request and the Commissioner must approve
that the witness or informant in a criminal matter:
(i) Possesses critical reliable information concerning a criminal organization or
enterprise;
(ii) Is willing to supply, or has supplied, such information to federal or state LEA;
and
(iii) Is essential to the success of an authorized criminal investigation or the
successful prosecution of an individual involved in the criminal organization or
enterprise.
In order for a foreign national to qualify for a S-6 Visa, the Secretary of State and
the Commissioner, acting jointly, in the exercise of their discretion, must determine
that the witness or informant in a counterterrorism matter:
(i) Possesses critical reliable information concerning a terrorist organization,
enterprise, or operation;
(ii) Is willing to supply or has supplied such information to a federal LEA;
(iii) Is in danger or has been placed in danger as a result of providing such
information; and
(iv) Is eligible to receive a reward under section 36(a) of the State Department Basic
Authorities Act of 1956, 22 U.S.C. 2708(a).
The S-7 Visa is designated for successful S-5 and S-6 Visa recipients’ spouses, married
or unmarried children, or their parents.
The approved S-7 applicants can either accompany or follow to join the foreign national
witness or informant, if in the exercise of discretion by the Commissioner, or the
Secretary of State and the Commissioner, acting jointly, consider it to be appropriate.
Temporary refuge given to migrants who have fled their countries of origin to seek protection or relief from persecution or other hardships, until they can return to their countries safely or, if necessary until they can obtain permanent relief from the conditions they fled.
The U.S. Securities and Exchange Commission (SEC) is a United States Federal Government agency primarily responsible for enforcing the federal securities laws, proposing securities rules, and regulating the securities industry, the nation's stock and options exchanges.
Section 4 of the Securities Exchange Act created the SEC, in 1934.
SEC highly regulates the EB-5 Investment Visa Program’s security offerings and regional centers.
Securities are tradable financial assets. The term commonly refers to any form of
financial instrument, but its legal definition varies by jurisdiction.
The United States Securities and Exchange Commission (SEC) hold securities to strict
regulations. EB-5 investments may be subject to strict SEC oversight unless the EB-5
applicant qualifies as an accredited investor.
As a part of the requirements to apply for an EB-5 Investment Visa, the applicant must show that the investment funds were obtained through lawful means.
Service Center is referred to the offices established to handle the filing, data entry, and adjudication of certain applications for immigration services and benefits.
SAW refers to the Foreign Nationals, who performed labor in perishable agricultural industry for a specified period of time and were admitted for temporary and then permanent residence under a provision of the Immigration Reform and Control Act of 1986.
Special Immigrant is referred to a person who qualifies for a green card (permanent residence) under the United States Citizenship and Immigration Services (USCIS) special immigrant program.
In order to apply for immigration documents under this status, an individual must
fill out a petition documenting his or her circumstances and submit the petition
to USCIS. Here is a list of special immigrant group:
1) Religious Workers
2) Panama Canal Company or Canal Zone Government Employees
3) International Organizations’ Employees and Family Members
4) Broadcasters
5) NATO-6 Nonimmigrant
6) Physician National Interest Waiver
7) Juvenile Court Dependents
8) Armed Forces members
9) Afghan or Iraq nationals who supported the U.S. Armed Forces as
Translators
10) Iraq nationals who worked for or on behalf of the U.S. Government in Iraq
There are many ways to sponsor a foreign national. In the immigration field, the term "sponsor" often means to bring to the United States or "petition for".
One may wish to sponsor, or petition for, a relative; sponsor, or petition for, an employee; sponsor, or petition for, an overseas orphan;
a refugee or an asylee may wish to sponsor or petition for a relative, etc.Another meaning of the term "sponsor" is a person who completes Form I-864, Affidavit of Support Under Section 213A of the Act. This type of sponsorship is not, however, the first step in any immigration process.
A person, who has no ascertainable nationality, is referred to as: Stateless.
When a foreign national enters the U.S., she/he acquires a status vis-à-vis the conditions of her/his legal presence within the U.S.
Under immigration law a stowaway is referred to a foreign national entering the United States, surreptitiously, aboard an airplane or vessel without legal status of admission. Such a person is subject to denial of formal admission and may be returned to the point of embarkation by the transportation carrier.
In the context of Immigration-Law, a Student is a foreign national, who is coming, temporarily, to the United States to pursue a full course of study in an approved program in either an academic (college, university, seminary, conservatory, academic high school, elementary school, other institution, or language training program) or a vocational or other recognized nonacademic institution.
Some categories of legal immigration are subject to annual limits under the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. The largest categories are: family-sponsored preferences; employment-based preferences; and diversity immigrants.
Offices found in some Districts that serve a portion of the District's jurisdiction. A Sub-office, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to INS' customers.
A Subscription Agreement is an Application by an investor, who wishes to join a Limited Partnership or to sell stocks in a Private Company.
The Prospective Limited Partner (Investor) must fill out a form documenting the Investor’s suitability for the Investment in the Partnership.
In October 2000, Congress created the “T” nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA).
The objective of this legislation is to strengthen the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims.
Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life.
Traffickers often take advantage of poor, unemployed individuals who lack access to social services. The T Nonimmigrant Status (T visa) is set aside for those who are or have been victims of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.
T-2 Visas are designated for certain qualifying family members of T-1 Visa holders, who are eligible for a derivative T visa, such as: spouse, children, parents and unmarried siblings under age 18.
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that, temporarily, prevent the country's nationals from returning home, safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately, due to war, disaster, etc.
United States Citizenship and Immigration Services (USCIS) may grant Temporary Protected Status to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
Temporary ResidentA temporary resident is a nonimmigrant foreign national, who seeks temporary entry to the United States for a specific purpose. The foreign national must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification she/he is applying.
In order for a person to enter the United States lawfully, as a Nonimmigrant Temporary Worker, a prospective U.S. employer must generally file a Nonimmigrant petition on the worker’s behalf with the United States Citizenship and Immigration Services.
Tracing of Funds is a method, by which, an EB-5 visa applicants must prove that their Investment Money came from lawful sources.
This can be proven via providing tax records, business or property sale documentation, and other financial documents that prove the legality of their funds.
In the context of EB-5, a Troubled Business is referred to a business that has been in existence for at least two years; it has incurred a net loss during the twelve- or twenty-four-month period prior to the priority date of the EB-5 Investor’s Form I-526, and the loss for such period is at least equal to 20% of the troubled business’s net worth prior to such loss.
Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification Visa allows, qualified Canadian and Mexican citizens, who seek temporary entry into the United States to professionals such as accountants, management consultants, engineers, lawyers, pharmacists, scientists, teachers, etc.
Transit Alien is referred to a Foreign National, who is in immediate and continuous transit through the United States, with or without a visa.
Transit Without Visa is referred to a transiting foreign national, who is traveling without a nonimmigrant visa under section 233 of the INA. Such foreign nationals are admitted under agreements with a transportation line, which guarantees his/her immediate and continuous passage to a foreign destination.
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
USCIS is the abbreviation for United States Citizenship and Immigration Services, a federal agency within the United States Homeland Security Department. USCIS is responsible for processing, adjudicating and issuing most U.S. Visas, including the EB-5 Investment Program.
The EB-5 Decision Board is referred to a designated United States Citizenship and Immigration Services (USCIS) experts, such as economists, lawyers, etc., who adjudicate I-924 applications and determine whether or not business will receive Regional Center designation.
The U.S. Embassies are agencies representing the U.S. Government and its interests in foreign countries. Most U.S. embassies accept and process non-immigrant visas and green card applications.
The U.S. consulates are diplomatic posts maintained by the U.S. in foreign countries. Consular officers accept and process non-immigrant visas and Green Card applications.
The U nonimmigrant status (U visa) is designated for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000.
The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.
Each year, 10,000 U-1 visas are available for victims of qualifying crimes such as rape, domestic abuse or torture, etc. The applicant must show that she/he has suffered substantial mental or physical abuse and is willing to help law enforcement authorities to investigate or prosecute those crimes.
A U visa petition requires certification that the victim has been helpful to law enforcement.
Although USCIS has reached the statutory cap of 10,000 U visas, it will continue to review pending petitions for eligibility. For eligible petitioners who cannot be granted a U-1 visa solely because of the cap, USCIS will send a letter notifying them that they are on a waiting list to receive a U visa when visas become available again.
The letter will also inform the petitioners of options available to them while they are on the waiting list. Petitioners and qualifying family members must continue to meet eligibility requirements at the time the U visa is issued.
More than 117,579 victims and their family members have received U visas since the program began in 2009.
Qualifying family members of a U-1 Visa holder, such as spouse, children and parents may also obtain a U-2, U3, or U4 visas.
The Immigration Amendments of 1988, Public Law 101-658 (Act of 11/5/1988) allowed for 10,000 visas to be issued to natives of underrepresented countries in each of fiscal years 1990 and 1991. Under-represented countries are defined as countries that received less than 25 percent of the maximum allowed under the country limitations (20,000 for independent countries and 5,000 for dependencies) in fiscal year 1988.
The V Visa is a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visas.
For instance, a permanent resident (green card holder), her/his spouse, children (unmarried and under 21), or the children of spouse (step-children) may be eligible for V-Visas.
The V-2 Visa is a nonimmigrant visa, which permits the foreign national children of a U.S. Lawful Permanent Resident to enter the U.S. and await the availability of an immigrant visa
The V-3 dependent visa is a nonimmigrant visa, which allows the derivative children of the V-1 visa holder or applicant to enter into the U.S. and await the availability of an immigrant visa.
Public Law 106-386 (Act of 10/28/2000), enacted to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, and to reauthorize certain Federal programs to prevent violence against immigrant women and children. Created nonimmigrant classes of admission allowing temporary status to individuals (and spouses, children, and parents) in the United States who are or have been victims of a severe form of trafficking or who have suffered substantial physical or mental abuse as victims of criminal activity. Afforded the same immigrant benefits as refugees, with allowance for adjustment to permanent resident status.
The word visa is a Latin derivative “charta visa,” and it means “paper which has been seen.” In immigration context a Visa is a conditional authorization granted by a country to allow a foreign national to enter the country, remain within, or to leave that country, according to its stipulated terms.
A Visa is, generally, obtained at an embassy or consulate outside the destination country. Obtaining a Visa is not an automatic guarantee of permission to enter the country, which has issued it.
The Visa Waiver Program allows citizens of certain selected countries, traveling temporarily to the United States for pleasure and business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. This program was devised via the Immigration Reform and Control Act of 1986. Under the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to 15 days without first having to obtain nonimmigrant visitor visas.
A foreign traveler, who wished to enter the United States for a short visit such as: tourism, vacation, visiting family, friends, negotiate a business contract, medical treatment, etc., requires a B-1 or B-2, etc., Visas unless they qualify for entry under the Visa Waiver Program.
A Voluntary Departure is referred to the departure of a foreign national from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. A foreign national allowed to voluntarily depart concedes removability but does not have a bar to seeking re-admission at a port-of-entry, at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several other forms of relief from deportation.
A Regional Center is a private, public or governmental organization that pools together, manages and administers EB-5 capital from multiple foreign investors in the United States Citizenship and Immigration Services (USCIS) approved EB-5 projects, within a defined geographical region.
In 1992, the Congress amended the EB-5 Investment Visa Program to create the Regional Centers Pilot Program..
An arriving alien's voluntary retraction of an application for admission to the United States in lieu of a removal hearing before an immigration judge or an expedited removal. Withdrawals are not included in nonimmigrant admission data.
The worldwide Immigration Ceiling was introduced in 1978, and it was set at 270,000. However, this number fluctuates based on the United States sociopolitical shifts and to a certain extent it is affected by International events, such as wars, economic standing, political changes and natural disasters.
Content on this Immigration Law Lexicon is developed by Paymon Barati-Darmian, attorney, and founder of www.ChosenLawyers.com together with many other Dedicated, Diligent and Compassionate People: Lawyers and Laypersons alike
We have acquired most of the contents from governmental sources such as USCIS, DOS, etc., and simplified them for your better understanding. However, due to the evolving nature of legal doctrines, theories and applications, we do not guarantee their accuracy or, whether, they are complete and/or up to date.
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