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Category Archive
Visas

Benefits and Limitations of U.S. Work Visas

Work visas are necessary documents for foreign nationals seeking to work in the United States on a temporary basis and for those seeking to enter the United States permanently. Temporary Worker visas are for nonimmigrants, or those not wishing to be naturalized as U.S. citizens. Permanent Worker visas are for immigrants authorized to live and Read More

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Proposed Changes in Job Portability Rules May Hurt Foreign Workers

Foreign workers in the U.S. seeking a green card through their employer may find it harder to deal with unexpected job changes under new proposed rules. Under existing rules, immigrant workers can move to another job or company in certain situations while still keeping their green card application pending. However, if the proposed regulations are Read More

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What employers need to know about applying for H-1B visas

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 More

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Holiday Tips For Foreigners Traveling to The U.S

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 More

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Immigration Law Year in Review – The positives and negatives of 2015 – Part 1

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 More

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Visa Waiver Restrictions on Fast Track

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 More

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Do’s and Don’ts of Applying For a Nonimmigrant Visa

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 More

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How Long Can I Stay In The US?

A frequent issue for people visiting the U.S. with a visa is how long they can remain in the country lawfully. A visa is a travel document that allows a foreign traveler to request admission to the U.S. at a U.S. border or port of entry. Typically, a visa will allow travel to the U.S. Read More

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Court Loss on Obama Deportation Rules May be a Good Thing

A decision by the 5th Circuit Court of Appeals on November 9th means more delays in implementing rules to protect millions of nonimmigrants from deportation. Although the ruling is disappointing and frustrating, there is hope. The argument will now move to the US Supreme Court, where we expect the decision to be reversed. As we’ve Read More

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Proposed rules ease burden for extreme hardship waivers

The USCIS just published proposed rules and policy guidance that could make it easier for non-immigrants to qualify for extreme hardship waivers. Under several immigration provisions, non-immigrants who would otherwise be required to leave the US and would not be able to get a green card can get a waiver because of extreme hardship. However, Read More

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Immigration News from ILW.COM
FAQs
  • Q: My employer wants to sponsor me to get a green card – can they?

    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.

  • Q: How can I get a work permit?

    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. So 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 the immigration laws in the United States really work.

  • Q:  Can I apply for deferred action now?

    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.

  • Q: Does the new executive order or court injunction change Deferred Action protection under existing DACA?

    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.

  • Q:  Who can I contact for more help or information?

    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.

  • Q; What should I do now?

    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.

  • Q: I haven’t seen my mother since I came to the U.S. 10 years ago. Can I apply for a visa so she can join me here?

    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 today to get started. Or click here is you want to learn more about the different types of visas that are available for family members.

  • Q: My grandma is sick back home – can I go visit her?

    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.

  • Q: Can our company sponsor an employee to get a green card?

    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.   Or click here to read more information about green cards.

  • Q: What is a work permit?

    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.

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