In response to our clients concerns regarding whether a B-2 visitor visa is appropriate to travel for business or employment opportunities, we provide a brief explanation below.
This brief blog article is a quick reference to help explain the U visa. Often our clients overlook crimes which qualify for U visa consideration. Both mental and physical harm suffered by a victim of crime is serious, and grounds for U visa eligibility. The goal of the U visa is for victims of crime to assist or cooperate in the investigation or prosecution of crimes in the United States.
If you or someone you know has experienced any of the below crimes while residing in the United States it is important to contact qualified legal authorities through U.S. immigration legal counsel:
I entered the country without inspection, and I have an emergency back home - Is there any way I can travel?
The answer is, it depends. If you are currently in TPS status or have received DACA authorization, emergency travel is possible.
Frequently, emergency travel situations arise for our non-U.S. resident clients who have Temporary Protection Status ("TPS") or Deferred Action for Childhood Arrivals ("DACA"). If you or your family member have an emergency back home, it is important to know that travel is indeed possible.
Our U.S. Armed Force, who serve abroad in active duty, have unique hardships surrounding their home and family life not faced by the general civil population. The good news is that the Department of Homeland Security ("DHS")-USCIS has been trending over the past few years towards simplifying and updating the Federal Regulation laws to eliminate unnecessary hardship for U.S. Military service members and their family.
So, as it turns out Donald Trump was actually right! Ted Cruz was not born in the United States, yet he is qualified and eligible to run for U.S. President without issue (presuming no valid political-legal challenge). Does this mean that all non-U.S. born naturalized citizens from Canada, or any other country should announce their candidacy for the U.S. President today? In short, the answer is...it depends.
Good News, the U.S. Supreme Court has granted certiorari (i.e. permission for the case to be heard in court) in the case of United States v. Texas. We anxiously await when the U.S. Supreme Court will hear this case, and pray that the Justices will be guided to a fair and just decision on behalf of the thousands of "refugee" children and families which have flooded the U.S. and fled their home countries in search of safety and peace. The issues present a delicate balance regarding the Deferred Action for Parents of Americans and Lawful Permanent Residents and Residents (DAPA), and expanded Deferred Action for Childhood Arrivals (DACA). The U.S. Justices are charged with determining whether President Obama overstepped his executive powers of his Office in not considering the rights of U.S. Citizens and those who entered the country legally. We all stand by and watch closely.
This blog tip is being posted to assist U.S. Employers and foreign nationals avoid the harsh consequences of failing to understand the key principle discussed below. The Department of Homeland Security ("DHS") through AC21 allows for foreign national employees who have a PERM Labor Certification and/or I-140 filed on their behalf to change employers without losing their respective priority date with the Department of State ("DOS"). The visa bulletin, issued monthly by DOS, allows foreign national applicants who are being sponsored by a U.S. employer to know when they are eligible to become a U.S. Permanent Resident.
Pause..Wait! Attention Foreign national professionals and U.S. Employers. Before you give up on Foreign Visa work options, have you considered the J-1 visa?
Many employers and foreign professionals believe that an H-1B visa is the only visa available to temporarily hire foreign professionals to fill a niche or specialty position within a U.S. organization/company. However, where there is an 'exchange' and mutual benefit to a foreign national and the foreign national's country a J-1 visa should be strongly considered as it confers the ability to work in the United States.
There is good news Washington! The Washington D.C. Affirmative Asylum Office (ZAR), due to severe backlogs, has been taking years to interview and process asylum applications for those who have submitted an I-589. In efforts to reduce wait times, the asylum office now offers options for faster expedited processing in certain cases:
1) Emergent Circumstance.
If you or your family have a medical emergency or can demonstrate extreme hardship you may complete a special application process and request an expedited date for your affirmative asylum interview/hearing.
The intersection of family law and U.S. Immigration law has become more and more common for our non-U.S. citizen clients. Domestic violence and divorce for a non-immigrant visa holder or a U.S. Permanent resident can result in devastating U.S. immigration consequences.
Recently, we have seen a string of 'family-immigration law' cases.
First example: A U.S. citizen filed a Temporary Protective Order against his wife who was on a conditional green card. He deprived her of her Green card and other basic humanitarian rights as well. We were able to resolve the U.S. Immigration issues for the non-citizen wife by ensuring that her cross Protective Order, against spouse, was converted into a Final Protective order. She was immediately eligible for a I-751 Waiver based on cruelty. The effect of this Waiver released her from all conditions on her Green Card and allowed her to gain U.S. citizenship in three years instead of five.
Second Example: A non-immigrant visa couple in the United States ended up in a domestic dispute. Once again cross temporary protective orders were filed against each other. The husband was on an F-1 visa, while the wife was on an F-2. The F-1 student ended up being removed from the Sevis system, which is monitored by the Department of Homeland Security-ICE. As a result of the protective order he was detained, and then placed in removal proceeding. On the other hand, the F-2 wife filed police charges against the husband and she became eligible for a U visa which confers U.S. Green Card status.
The above two examples have been simplified for clarity. The moral of the story, if you or your family member is a non-U.S. citizen and faced with a family or domestic matter of any magnitude, it is essential to consult with a U.S. Immigration attorney.
We consider these family matters an emergency, and have an emergency text line available at (703)966.0907. We have offices in Washington, D.C., Maryland and Virginia. You may call to set up a consultation with one of our attorneys by calling our office number(s) conveniently listed at www.scottcclaw.com.