Immigration Debate

Almost one million apostilles are processed every year in the United States alone. As the world becomes more and more global, citizens are doing business, retiring, relocating, and adopting children in foreign countries. And doing so usually requires getting relevant documents apostilled.

Unfortunately, where there is money involved, thieves and con-artists will arise to the occasion. And this has happened with the numerous apostille services which are mostly advertised online.

Usually, a fake apostille service will con you one of two ways:

1. They will simply take your money and important documents (which you mail to them) and never deliver on their promise.
2. They will return your documents with counterfeit apostille seals and you won’t be the wiser until you try to pass those documents onto a foreign government or agency.

The real catch here is that many of the faux operations are located outside of the U.S., sometimes in Britain or other parts of Europe. Therefore, the victim’s recourse is very limited.

Protect yourself by making sure the company is operating within the United States. There is no purpose in sending your important documents (sometimes costly and difficult to obtain themselves) overseas only for that company to turn around send them to an apostille office back in the U.S. anyway.

Yes, there can be legitimate companies operating overseas, but if you happen to choose a fake one, you won’t have much of a recourse if they are out of the U.S.

How long has the apostille service been in business? Look at the length of time their website has been up, who it’s registered to, and if there are any online (unbiased) referrals from people who have used them. U.S. expat chat groups are helpful for this since most of their members have gone through the same process getting apostilles.

Is the site a copy of another legitimate site? Look at the spelling of the URL. Is it close in wording of another popular site? Sometime thieves will try and look just like a legitimate site but direct payments to a different address. (If the apostille service is doing business in the U.S., contact their local Better Business Bureau and see if there are any complaints.)

Lastly, if the apostille service will only take wire transfers, that is definitely a strong clue it might be fraudulent.

Be aware and vigilant and you shouldn’t have any problems choosing a legitimate apostille service. And if you want to be 100 percent safe, consider handling your documents yourself. That way you’re absolutely certain they make it to the correct government office and receive legitimate apostilles.

If you’re unsure how to do this, I’ve written a step-by-step guide to obtaining your apostilles yourself, fast, securely and for hundreds less than any legitimate service will offer. You can check it out here: www.apostilleguide.com

After all, sometimes doing it yourself is the best (and safest) way!

The United States was founded by, essentially immigrants. For years, millions of people have arrived in the United States seeking a better life. Starting in the late 19th century, the immigration policy of the United States began to change.

From 1776 to 1875, the United States had an open-door policy towards immigration. The president could expel a foreign national who was deemed dangerous to the security of the Untied States but that was the only provision to limit immigration. The policy was so open-door that Congress passed a law in 1864 to encourage immigration to the United States.

In 1875, that all began to change. The first laws were passed in this year to restrict immigration. These original laws weren’t an effort to curb numbers so much as to restrict less than savory individuals from immigrating to the United States. Congress saw fit to ban the immigration of prostitutes and convicts in this year.

In 1882, the same theory was followed when the immigration laws were expanded to exclude idiots, lunatics, and those who would likely become a financial burden to the United States from arriving. Once again, they weren’t after specific people so much.

The Chinese Exclusion Acts of 1882 changed all of this. These were the first acts designed to exclude a certain group of people based on the fact that they were Chinese or a specific race. These acts were not repealed until 1943.

In 1917, the Progressives created a threshold literacy requirement for admission. Other than individuals arriving from Japan, no one from the Asian continent was allowed to immigrate to the United States legally.

In 1921, a national origin quota system was introduced into the United States’ immigration policy. Individuals wishing to come to the United States from any western hemisphere country were not subject to this quota but the system continued to bar individuals from Asia.

The McCarran-Walter Act was passed in 1954. It provides much of the base structure of our immigration system today. It created special, race-based quotas for individuals from Asia. In addition, it created a preference system for those with special skills which is an equivalent to the current employment-based category system.

Since the 1950s, the immigration laws have gotten increasingly complicated and hard to decipher. If you would like information concerning these complicated laws, please visit http://criminalandimmigrationlawyer.com/citizenship.html. Their experienced team will be more than happy to answer any questions you might have.

If you want your visa application to be easier and more effective use the services of a registered migration agent (RMA).

A registered migration agent (RMA) is a trained professional and will guide you through what can be a minefield for the unwary. The RMA knows the rules and is always kept updated on the latest changes which can happen rather frequently. Also as a professional the RMA has the expertise to handle your case and do the paperwork for you.

Another great advantage is that the registered migration agent has to put up with all the red tape, bureaucracy and frustrations. A good example is waiting on hold on the telephone for two hours only to find out you are no more advanced than before you started. Anyone who has dealt with a government department will know exactly what I mean and this fact alone has got to be worth the expense of using a registered migration agent.

Okay I know many people will think that I am biased because it is my profession, so I will ask the following questions;

How many of us like standing in queues?

How many of us like waiting for hours on the telephone?

How many of us like waiting for a taxi or bus or the train?

Let’s not forget being stuck in peak hour traffic and so on, I think you get the picture. So you can choose to do it yourself, wait in line and get angry and frustrated or use a professional to handle your case and chill out. Modern life is stressful enough, so avoid extra stress and let the registered migration agent handle it for you.

I think enough has been said on this so let’s move on.

It is illegal for a person to give immigration assistance unless they are registered with the MARA (Migration Agents Registration Authority), so you can check the registration of your agent on the MARA website. Just be aware that this applies only to anyone offering immigration advice within Australia. The Australian government has no control over so called agents in other countries. There are MARA registered agents overseas who can be checked on the MARA website and so can be used if their credentials are genuine. If anyone claims to be a MARA registered agent, ask for their MARA number. A genuine agent will always be happy to provide the details. Only by using a MARA registered agent can you feel confident that you will be dealing with someone who knows what to do and how to help you.

Although the rules are very strict, there are some exemptions that allow certain people to offer immigration assistance such as close family members, sponsors and nominators. But they can only do so as long as they don’t ask for payment or some form of reward.

International Students Planning their immigration to study in USA, UK and other 1st world countries have to meet certain academic and financial criteria. Apart from being eligible to get admission in certain educational program on the basis of their qualification, grade and merits, an international student must display his financial strength to pay his Tuition and living expenses for at least first one year of his study program.

Many eligible and desirous students are unable to demonstrate their financial support to pay to the College / University approximately US$3600.00 which is normally the cost of tuition for their first semester. They do not have good Bank statements and there is no immediate relative to provide them affidavit of financial support. Hence their immigration desire on student Visa remains a dream.

I will narrate an immigration plan of a poor student from Egypt who met me in Los Angeles, California, USA during January 2005.

One of my friends introduced this young tall boy of about 23 years age, saying that Mr. Sam has arrived in USA in December 2004 on a student Visa to study English As a Second Language course of one year duration. He needs some guidance to achieve his immigration objectives in USA. I asked Mr. Sam to briefly explain his study plan and his immigration objectives to me.

He started speaking English in a very poor accent. He told me that he had very little money in Egypt and he is only a High School graduate. This means that he had gone to school for only 12 years. But he was very serious to learn English speaking in pure American accent fluently. He wanted to know the business culture, society And relationship building with American business communities. Then he wants to go back to his country and operate a Home based Call center for Telemarketing in USA. And he wants to achieve his immigration objectives during his legal authorized stay period of one year in USA.

He told me with a broad smile that his total expenses of Course admission and F-1 student Visa cost was just US$950.00 only. He arranged this money from his uncle who also provided an affidavit of support for US$9000.00 only. Before he applied to immigration officer for student Visa, he traveled to a neighboring country to enhance the value of his passport. He said that Blank passports do not impress the interviewing immigration officer at the US embassy.

During his conversation I noticed that he had planed his immigration activities with lot of care and research. He analysis the situation intelligently. He is accurate in defining his immigration targets. He knows what he can do. He planed limited immigration goals. His first semester tuition fee was just US$450.00, which was within his resources.

His arrival cost in USA on student immigration Visa was just US$950.00 only. He intends to go back home within legal stay period of his immigration student Visa. If we analysis his immigration Aim, we can learn that simple and practical thought process can make your plan workable. You do not have to be ambitious while developing your immigration plan.

I made a guideline plan for him to learn and adjust in business culture of corporate America So that he can develop a good call center with lot of success in Telemarketing for his USA clients. I remember this young man left USA in December 2005. He was speaking English in fluent American accent and had developed deep business relationship with many ready clients who trusted him and were willing to outsource their Telemarketing project in Egypt to his call center.

A poor student had achieved his immigration objectives with hard work and intelligent planning. Those international students who have meager financial resources can follow such Immigration Plans to achieve success in life. Telemarketing projects require understanding of your client business psychology and speaking English in fluent American accent. You can learn both these requirements during your student immigration stay on an ESL course in USA. You may also develop good personal relationship with your potential Telemarketing customers during your stay in USA. Your large friendship circle with American students will also help you in future Life.

Build your huge assets with good human interpersonal friendly relationship; you will never be poor in Life. Plan your immigration within your resources, you will be always successful. Do what you can easily perform. There is no shortcut to research and hard work. Good Luck to all International Students.

In a non-precedent decision, the Administrative Office of Appeals (AAO) of the US Immigration and Citizenship Service (USCIS) has rendered a decision that potentially opens up another avenue for US permanent residency. In its decision, the AAO upheld the appeal of an H-1B beneficiary, who had set up a start-up company, and then sponsored himself for an H-1B visa.

As per its usual practice, the Vermont Service Center of USCIS denied the original petition on the grounds that as a start-up company without employees the petitioner did not establish that it had sufficient H-1B caliber work to keep the beneficiary employed on a full time basis for three years. The USCIS also asserted that as a one-person business, the beneficiary would be responsible for administrative and clerical duties, which are not H-1B qualifying duties. Finally, the USCIS stated that the beneficiary could not assume his role without having clientele established, work contracts in place, and expectations of the proffered position defined.

In its decision overturning the USCIS denial, the AAO found that the petitioner, an LLC established under the laws of New York, qualified as a U.S. employer under the relevant Federal regulations. Thus, as a separate legal entity from the beneficiary, the petitioner had the legal capacity to submit an offer of employment to the beneficiary, and the beneficiary would not be “self-employed”, despite the fact that he would be the company’s sole employee. Additionally, the AAO cited a prior decision (Matter of Aphrodite, 17 I&N Dec. 520, 1980) and agreed with its ruling that a petitioner’s sole owner could be the same person as the sole beneficiary.

In the words of the AAO, “[e]stablished tenets of corporate law, as well as cases such as Matter of Aphrodite, state that a corporation has a separate legal identity from its own. As such, a corporation, even if it is owned and operated by a single person, may hire that same individual and the parties will be in an employer-employee relationship, as is the case in the instant matter”.

In the opinion of the author, this decision opens the door to another potential avenue to permanent residency in the United States, in that a professional without a job offer could literally form a corporation or LLC in the United States, secure premises for his company, extend an offer of employment to himself, and then petition for an H-1B visa. Securing H-1B status, which can last up to 6 years, could be used as a stepping stone to permanent residency in either one of two ways:

1.) The H1 professional’s own company could apply for Labor Certification and then petition for permanent residency for the professional; or

2.) The H1 professional could shift his visa to another company using AC21 Portability, and then rely on the sponsorship of the new employer.

Of course, as in all H-1B visa cases, this strategy will be subject to the H-1B visa cap, and will depend on the occupational classification of the proffered position, the educational credentials of the professional, and the ability of the company to pay the prevailing wage for the position. All of these considerations must be carefully considered and, preferably, guided by an experienced business immigration lawyer to avoid any missteps.

Arguably, this strategy is less favorable than that offered by acquisition of L1A status in the United States, in that it does not lead to fast-track residency after one year. However, it certainly has the advantage of not requiring ownership or employment in a foreign business, it does not require continued operation of a foreign business, and it does not require that the visa holder exercise strictly executive-level duties.

In any case, this strategy is definitely superior to the E2 visa, in that the H-1B visa category is a dual intent category that allows one to pursue permanent residency without fear of having one’s status invalidated. Furthermore, H-1B visa status is not reserved for nationals of certain countries, as is the E2 visa, and does not require application through the United States Embassy or Consulate abroad.

In summary, professionals contemplating a permanent move to the United States now have another potential avenue for realizing their goal, that does not rely on ownership of a foreign business, investment of a substantial sum of cash in advance of visa approval, or obtaining a job offer. Of course, this strategy is not for everyone. One must hold the appropriate university degree, have the resources to launch a formal office, and one must have the courage to make ones own way.

Copyright 2008, Ortega-Medina & Associates Ltd. All Rights Reserved.

Every year, thousands of individuals come to the United States to work, to raise a family, or to experience a life that is better than the one they had before. Unfortunately, there are numerous ways to be deported or removed from the United States and even more ways to have entry to the United States denied.

Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, “deportation” was the legal process of removing a foreign national already in the United States from the United States. “Exclusion” was the prevention of a foreign national from entering the United States. After the Illegal Immigration Reform and Immigrant Responsibility Act, these two processes, exclusion and deportation, became “removal” proceedings. Anyone who is not a United States citizen is eligible to be put through removal proceedings.

There are two main types of permits to live in the United States, permanent resident and non-permanent resident. Permanent residents are issued Green Cards while non-permanent residents are given visas. Visas have more restrictions on them and expire after the purpose for which the individual needed the visa is no longer there.

Visa Holders: Denial of Entry

Visa holders should be prepared to prove whenever attempting to enter the United States that they are entering the United States for permissible reasons. Non-permanent residents need to be able to show that they intend to leave in accordance with the terms of their visa. This means that if an individual is granted a student visa, he or she should plan on leaving when their purpose is complete.

Even after being granted a visa, when an individual approaches the border, he or she can still be deemed “inadmissible”. If this happens, any individual is expected to depart.

Visa Holders: Deportation

Non-permanent residents are most-frequently deported because they have entered the United States without the correct inspection documents or valid entry documents. The second most common reason for deportation of non-permanent residents involves individuals who entered the United States with a visa and then overstayed their visa.

Green Card Holders: Denial of Entry

Lawful permanent residents who have been outside of the United States for an extended period of time need to be prepared to show that they have intended to return to the United States since the second they left. If not, the green card holder may be denied entry.

Green Card Holders: Deportation

The most common reason for removal proceedings concerning individuals with permanent resident status is that they have committed a serious crime. Some people do not realize they are open to a removal proceeding until they apply for citizenship and a background check is performed as part of the naturalization process.

When an individual realizes they are open to a removal proceeding, withdrawing an application for citizenship will not prevent an individual from being deported if the person has already had removal proceedings started against him or her.

If you would like more information concerning deportation or immigration, please visit http://criminalandimmigrationlawyer.com/deportation.html. If you have any questions, their team will be more than happy to answer them for you.

A visa is an application to enter the United States not a permit. It has been read by a consular officer at the American embassy or consulate and has been reviewed for the determination of eligibility to enter the United States for a specific purpose. There are different types of visas and one in particular is the ‘B-1 Visitor for Business’ which permits a foreign national to enter the U.S. to conduct business associated with international trade or commerce. This particular visa would also allow you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. The immigration officer would then allow you entrance and also decide for what length of time you would be permitted to stay for that particular visit. Matters of responsibility to immigration are that of the U.S. Department of Homeland Security.

U.S. visas fall into two categories: immigrant and nonimmigrant.

The differences are as such; for those whom intend to live permanently within the U.S. the Immigration visa is considered, and for those with a permanent residence outside of the U.S. and are only temporary visitors for such things as medical treatment, business, temporary work or study this would be the visa for them. Now with regards to the nonimmigrant visa, the U.S. law requires the applicant to provide evidence that they don’t intend to immigrate to the United States. And one must keep in mind that providing the requested document does not guarantee that they will receive a visa, there is no entitlement when it comes to a visa and you should consult an immigration lawyer rather than attempting to do this without counsel.

When it comes to a visa there is no one condition that accompanies or influences all the facts or information surrounding the information needed for the application. Each person may have a different situation and those applying for the same visa may be asked different questions and may be asked to submit different documents.

And lastly under U.S. law, when it does come time to issue or refuse a visa, it is the consular offices abroad that have the final authority to decide whether the evidence submitted in support of an application is adequate to establish eligibility of an applicant for a visa.