By Pollack, Pollack, Isaac & DeCicco, LLP | Published January 19, 2016 | | |
It’s that time of year when employers prepare and file H-1B visa petitions on behalf of foreign workers. The H-1B visa is an employment-based, non-immigrant visa category for temporary workers. H-1B visas allow foreign workers with at least a bachelor’s degree or equivalent to work in specialty occupations for U.S. employers. They have become an Read MoreRead More
As many people have already heard, starting this month U.S. Immigration and Customs Enforcement (ICE) agents are targeting for deportation families who have fled violence in Central America. How many people could be affected by the raids is unknown, but it could be hundreds or thousands. In the first weekend of January, Department of Homeland Read MoreRead More
Getting a final removal order that says you must leave the country feels like the battle is over. You’ve lost and have no way to stay in the U.S. However, that isn’t always the case. That final order might not be as final as you think. There could be grounds for reopening the order and Read MoreRead More
“Happy New Year! Have an ICE raid! By now, everyone has heard that the Obama administration plans to celebrate the new year by rounding up families and removing them to Central America. The administration hopes that the images of Central American families coming off of planes in San Salvador and Tegucigalpa will dissuade thousands of Central Read MoreRead More
Immigration was a major issue for much of 2015. Despite the negative press, the news was not all bad for immigrants. Last week we covered some of the top developments of 2015 from January to June. Here are the top ones for the rest of the year: July 2015 California moves to allow undocumented immigrants Read MoreRead More
All arriving travelers are subject to inspection by a CBP officer prior to entering the United States. The U.S. Customs and Border Protection (CBP) is responsible for conducting immigration inspections at America’s 329 Ports of Entry with the goal of excluding those that are not eligible for entry, while ensuring the entry of lawful travelers. Read MoreRead More
Immigration was the spotlight issue of 2015. Everyone was talking about it from politicians to the media to the general public. Unfortunately, the discussions were often negative and focused on keeping people out of the U.S. Even though 2015 was bad for immigration policy in a political sense, legally there were a lot of positive Read MoreRead More
Since the attacks in Paris and California, there’s been a rush to implement new restrictions on the visa waiver program. The program allows individuals from 38 countries, 30 of which are European, to travel to the U.S. for business or tourism for up to 90 days without a visa. Instead, they apply online under the Read MoreRead More
My family member wants to visit me in the U.S., but she is worried about the interview at the U.S. consulate. What can we do to make sure she gets a visa? The best thing to do is to know the rules. Getting a visa to visit the U.S. for business or pleasure can be Read MoreRead More
It is all too common for nonimmigrants to be detained by U.S. Immigration and Customs Enforcement for a prolonged period with little hope of release while their case is pending. We have a case right now of a person who has been held for over a year already. Fortunately in a recent decision, the U.S. Read MoreRead More
If you entered the United States without visa and are working here without legal documentation, your employer may be able to help you. But it’s important to understand that just because your employer wants to help doesn’t mean you will be able to obtain a green card. The process for obtaining a green card is complicated and depends on many factors, including your prior history (and your family’s prior history) in the United States. So it’s good that your employer wants to help but the first step is to call us for an interview so we can understand more about your situation.
A work permit is a common way of referring to an Employment Authorization Document (EAD), which is issued by the Immigration Service (which is part of the U.S. Department of Homeland Security). Under U.S. law, you need a work permit or EAD in order to become a legal employee of a U.S. company. Many lawyers will promise to get you a work permit, but you have to be careful about this. The catch is that you can’t simply apply for a work permit or EAD in itself. In order to apply for a work permit you have to make an application for legal status in this country on some other basis. Don’t believe any other lawyer or person who tells you it’s an easy thing to get a work permit. Call us for an interview and we can explain to you how the process and immigration laws in the United States really work.
As a result of the injunction issued by the District Court in Texas, applications for the expanded DACA program and DAPA are currently on hold. The Department of Homeland Security is not currently accepting requests for the expansion of DACA, as originally planned. Until further notice, it has suspended the plan to accept requests for DAPA.
The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012. This ruling only delays the start of DAPA and the expansion of DACA.
It’s important that you speak with a qualified attorney who can explain all the options and issues relating to your immigration status. Do not take advice about your immigration case from a notary public or an immigration consultant. The U.S. immigration laws and rules are very complicated and many people take advantage of undocumented immigrants, making promises and charging money without providing honest advice. Contact only a qualified immigration lawyer for legal advice about your case. If you encounter 'notarios' who offer legal advice without a license, report it.
You can begin preparing now! Even though DHS is not currently accepting applications under DAPA or the expanded DACA programs, individuals who are potentially eligible for Deferred Action status should begin preparing their applications now. It is very likely that the Texas decision will be overturned and there will probably be a rush of applicants when that happens. Individuals should be ready with their applications and start now by gathering the necessary documentation and seeking good counsel to give themselves the best chance for success and to avoid potential problems.
If you are a U.S. citizen or have a Green Card, then yes, you can apply for a visa for your family members. But the process can take a long of time, depending on your own status. If you’re a U.S. citizen, it might take 8 months to a year to process the application. The waiting time will be much longer if you’re a Green Card holder. Generally, the sooner you start the process the better, so contact one of our attorneys now to get started or browse our site to learn more about the different types of visas available for family members.
Whether you can travel abroad depends on your immigration status. If you have been granted DACA or if you have a Green Card in hand – you still must ask for advanced permission in order to leave the country. This is called advanced parole. Obtaining advance parole is relatively inexpensive. But it is not without risk, because there is really no way to guarantee that you will be able to return. Your return is ultimately within the discretion of the authorities at the point of your reentry to the U.S.
If one of your employees entered the United States without visa and is working here without legal documentation, you may be able to help this person obtain legal immigration status. This doesn’t necessarily mean they will be able to obtain a green card. The process for obtaining a green card is complicated and depends on many factors, including a person’s prior history (and their family’s prior history) in the United States. It’s definitely helpful to their case if you, as their employer, are willing to help, but the first step is to have the employee call us for an interview so we can understand more about their situation.
A work permit is a common way of referring to an Employment Authorization Document (EAD), which is issued by the Immigration Service (which is part of the U.S. Department of Homeland Security). Under U.S. law, an employee needs a work permit or EAD in order to become a legal employee of a U.S. company. Many lawyers will promise to get undocumented immigrants work permit. But you have to be careful about this. The catch is that you can’t simply apply for a work permit or EAD in itself. In order to apply for a work permit a person must make an application for legal status in this country on some other basis. So don’t let your employees get gulled into believing that it’s easy to get a work permit by some lawyer or hustler on the street corner. Call us for an interview and so we can explain to your employees how the process and the immigration laws in the United States really work.