Immigration Debate

Immigration lawyers across the US were expecting changes to the immigration laws last summer. The results would have been interesting. Many hotly debated legislation proposals were to be parked under one encompassing umbrella and dubbed Comprehensive Immigration Reform (Reform).

The reforms were considered by some to be innovative, even progressive. However, others thought the propositions were controversial and argued they had no place in an overhauled immigration system. It was put forward to widen the range of legalization mechanisms, offer temporary work programs and have more options on tap for alien children to attend colleges, etc.

The suggestions didn’t stop there. They also included a makeover and expansion of the role of enforcement, increased communication between all enforcement agencies, more in the way of worksite enforcement, even better border security and patches to fix the current immigration system.

There hasn’t been any Reform yet because Congress put the whole process on hold until the undecided portions of the suggested package were dealt with. In other words, it got put on hold until the results of the election are known. This means the badly needed revamping of the immigration system is now on hold and it affects millions of aliens living in the US and abroad.

Basically all the aliens that would be subject to the proposed changes are now in limbo, because nothing has been passed and nothing is actually the law. This won’t change until there is some form of direction from the White House and whoever happens to be at the helm after the election. What this means for now is the old laws take precedence until something replaces them.

There is no question this Reform will happen. It’s just a matter of when and how. Not knowing precisely what’s in store for the future Reform makes it even more crucial to seek the advice of experienced legal counsel to draft an application or handle an appeal. Only an attorney who is familiar with the current immigration system and immigration law in general will be able to tell you how to prepare for the coming changes, and what documents you will need.

Many people who just arrive in the United States are faced with complex legislation relating to their ability to stay in the country. Immigration laws are not easy to understand, and only a trained immigration lawyer will be able to assist you. Be wary of people who hold themselves out to be something they are not. Look for a lawyer that has your welfare at heart first and foremost.

You want a lawyer that talks to you like you are a person with a problem they can solve. You are not a number, and your concerns and fears are important in dealing with your case. A good lawyer is able to convey to their client that their case is vitally important to them and that they understand how important it is to you.

Choosing a good immigration lawyer is not always easy, as there are many who would masquerade as being knowledgeable in the area, but aren’t. Those who aren’t fully trained will offer costly advice that might not be correct, and may actually set your immigration application or petition back months.

When looking for a qualified immigration lawyer, there are certain things you should look for right away. The first one is that the lawyer is actually licensed to practice in a US jurisdiction and is in good standing with the State Bar. As odd as that may sound, it’s happened that immigrants have dealt with lawyers not licensed to practice in the US nor in good standing. This is a costly waste of time and money, since they have no authority to do anything on your behalf.

Choose an honest lawyer with integrity, a good reputation and one that is highly ethical. You can find this out by asking for references, and if they don’t give you references, go find another lawyer. Find out if the lawyer you are considering primarily practices immigration law. If their focus is criminal or divorce law, another attorney had better serve you.

While talking with the lawyer you’d like to help you with your immigration application or appeal, find out if they know their stuff and are familiar with your type of case. You’ll know this right away by the questions they ask you.

They should also give you a clear-cut answer on what it’s going to cost you to deal with them. And last, but not least, they should not give you a guarantee of success but simply indicate they will work for you and with you to do the best they can given the system.

Although there is no specific requirement that immigration applications be prepared by a lawyer, attempting it on your own is a true recipe for disaster. Each case is individual and different laws apply. Unless you know them all, your application will get bogged down in the system and you may not be successful.

It’s extremely important to note that in the United States a notary or notary public is usually not a legal professional, judge or lawyer unless they have completed the training for those positions. Most notaries are lay people or non-lawyers and cannot in all good conscience offer visa advice. Beware of people who have imaginative job titles, but don’t really have the experience to back them up.

The purpose of the K1 visa or fiancee visa, as it is often known, is to allow the male/ female fiancee of an American citizen to enter the U.S. for a period of 90 days so that they can marry the American citizen.

This in itself is not permission to stay indefinitely as it is only valid for three months. The marriage must occur during the 90 day period. After marriage they will need to make a separate application to the Department of Homeland Security to have their status adjusted to permanent resident. The dependents of the foreign fiancée, who must be under 21 years of age, are permitted to enter the US on a visa known as a K-2 which is not separate to the fiancee visa, but part of the K1 visa application.

The first step in obtaining a K1 visa is that the U.S citizen must submit a petition for his or her fiancée with the office of the Department of Homeland Security, which has jurisdiction over the application.

The requirements for the K1 visa are that the American citizen must prove that he or she has met their fiancee in person at least once in the previous two years before the date of submitting the fiancee visa application, unless a waiver is approved. That he or she has the intention to marry the foreigner, and that the petitioner is legally able and willing to marry within 90 days after the entry on the fiancee visa.

The next step once the request for a K1 visa has been approved by the Department of Homeland Security is that the they will then forward their acceptance of the fiancee visa application to the fiancee’s home country at their nearest US consulate.

The immigration official has every right to decline the visa even though the Department of Homeland Security has already approved the applicant.

The reason the consulate may decline the application is that the approval from the DHC is only an approval for marriage, but not permission to enter the United States. Permission to travel to the US is up to the consulate who will issue the entry visa.

To receive an entry visa and the actual K1 visa in their passport, the applicant will need to provide a great deal of documentation, and satisfy the consular official that this application satisfies all the legal requirements for an entry visa.

Some of the paperwork that will be needed is the following, but the consular official can request any other information that they see fit. A passport that is validity for six months or more after the date of the interview. If the passport has less than six months remaining, a new passport must be applied for.

Basic certificates of birth or previous marriage certificate are required and legal evidence of divorce or the demise of their partner if appropriate. A medical examination will also be required. They will also require “evidence” of a relationship between the foreigner and the American citizen, this is the most unclear part of the application and will probably require a face to face interview to establish legitimacy of the relationship, although this in many instances must come down to a “feeling” by the consular official.

Once the K1 visa is issued it is good for travel to the USA for up to six months, and the applicants must then marry within 90 days after entry into the USA to fulfill the terms of the fiancee visa.

When you are coming to Toronto as a new immigrant, you have to arrange temporary accommodation before arrival. As in most cases, temporary accommodation is for a week to stay after your arrival. There are many ways to arrange temporary accommodation e.g. hotels, motels, hostels, furnished rental apartments etc. In general Yellow Pages Directory is a good source to find such accommodation providers. However, I suggest an alternative accommodation, which has multiple benefits for new immigrants.

Stay with a family or friend as paying guest, the benefits are…

This is a cost effective option as you will be spending from your savings in your initial days, it is better to avoid expensive rental places during these days. Offer your host to cover expenses in cash or kind.

Your host may give you guidance to go around the city. They will guide you on best places for shopping, hospitals, doctors, schools etc. A rental place i.e. hotels/ motel cannot provide guidance to this level.

You can ask your host about suitable locations to find long-term rental accommodation. It will take considerable effort to find a suitable location with all amenities around e.g. location, availability, shopping, commuting etc when you are only getting acquainted with the city.

Commuting in Toronto can be overwhelming when you are new, especially if you come from a city where public transportation is well organized and heavily used. Your host can advise you on routes and commuters. Greater Toronto has multiple commuter systems. Mass commuters are not optimally synchronized in this city. Newcomers sometimes get stranded at missing links. If you are traveling to suburbs, you should know your route very well, including links of different commuter systems. Moreover, most Torontonians own a car, if your host has one, s/he may offer you rides when it is convenient.

Homesickness is common in initial days; this may not be the most important thing to worry about. However, if you have little children your host family can be a great help, if they speak same language, share same culture, you will have a little breather to settle your mind.

Hope I made the point that during immigration to Toronto; choose a friend or relative’s place for temporary accommodation. Stay as a paying guest, pay in kindness or cash, whichever your host prefers. Help them at their chores. Take their advice, guidance etc. and start your new life in Toronto.

With the passage of the LIFE Legalization (Legal Immigration Family Equity) Act in Dec. 2000, came the creation of several new immigration aimed at uniting families; in addition to legalizing many foreigners living in the U.S., the Act also created a new category of non immigrant visas specifically for the spouses and children of U.S. citizens-the K-3 and K-4, respectively. These new visa categories allow admission as a non immigrant in order to complete processing for permanent residence while in the U.S.

A K-3 visa applicant must have a valid marriage to a U.S. citizen, be the beneficiary of a pending I-130 immediate relative petition, and seek entry to the U.S. to await approval of that petition. The U.S. citizen (USC) spouse begins the process by filing USCIS’ Form I-130. The USC spouse then files an I-129F petition together with the USCIS-issued I-130 Receipt Notice. Approval of the I-129F petition is then forwarded to the National Visa Center and the appropriate overseas American consulate. An I-129F approval is valid for four (4) months although a consular officer may revalidate the petition for an additional four months, should it expires.

If the qualifying marriage took place in the U.S., the designated consulate for issuance of the K-3 visa will be the one with jurisdiction over the non-citizen spouse’s current residence. If the marriage was overseas, then the issuing consulate must be in the country where the couple married, if the U.S. has a consular office that issues immigrant visas in that country.

Children of K-3 visa eligible applicants may accompany on the K-4 visa if named in the parent’s petition. To be eligible, K-4 children must be under 21 years of age and unmarried. K-4 status is dependent upon the parent’s K-3 status and ends upon the termination or revocation of the parent’s underlying K-3 visa or I-130 petition.

K-3 visa benefits include a generally shorter waiting period compared to marriage-based immigrant visa petitions; petitions usually take four to six months for USCIS, and another two to three months, for the consulate to process. Additionally, K-3 and K-4 visa holders may be granted employment authorization while their I-130 petitions or adjustment of status applications are pending. Other benefits include being able to study and the ability to travel outside the U.S. on the K visa, even if simultaneously applying for adjustment of status. The K-3 visa is valid for two (2) years, with multiple entries allowed, and may be extended, if necessary, for two-year intervals.

The K visas may not change status to another non immigrant visa once in the U.S., nor may another non immigrant visa category change to K status. While an I-129F petition may be approved by USCIS, one may not be issued a K visa, or may not enter the U.S., if temporarily barred for previous violation of immigration law. K-3 status is automatically terminated 30 days after the denial or revocation of the visa holder’s underlying I-130 petition or adjustment of status application, or the divorce or death of the U.S. citizen petitioner spouse.

The immigration interview husbands and wives are required to attend in order to get the foreign spouse their green card (lawful permanent residence) through marriage can be very anxiety producing. This stressful situation can be managed somewhat by thoroughly preparing. The interview notice you receive in the mail has an exhaustive list of the documents you will bring with you, so follow it very carefully.

On the day of the immigration interview, dress as if you are going to a job interview or to church. Remember that you will be entering a federal building and going through a metal detector. Normally cell phones with recording or camera functions are not allowed in the building.

The U.S. Department of Homeland Security (DHS) Immigration Officers are only given a certain amount of time to interview each couple - usually only 10-15 minutes - at the adjustment of status immigration interview. If you are well organized and not too talkative, they appreciate it. Keep all of your answers short and to the point. If the Officer needs more information, they will ask you a follow-up question. Do not be intimidated by the silence when the Officer is trying to focus or try to fill the silence with polite conversation. Try to keep in mind that this is possibly the first time the Officer has seen your immigration file and they cannot listen or respond to idle chit chat while concentrating on reading. It is perfectly acceptable to sit quietly and wait to be asked a question.

The purpose of bringing original documents to the immigration interview is so that the USCIS Officer can compare them to the copies of documents that you already mailed with your original adjustment of status (green card) application, to ensure that the copies you sent are accurate. The Officer will not keep the originals. However, if a copy of document was not already provided with the adjustment of status application, try to remember to make a copy ahead of time to give to the Officer (they resent it if you treat them like your personal copy clerk). For example, if you had a baby after you sent your adjustment of status (green card) application in the mail, you would bring both the original birth certificate of the baby and a copy of the birth certificate of the baby to leave with the Officer.

There are no test questions during the immigration interview that you have to memorize. By that I mean, if the Officer asks What was the date that you last entered the U.S.? you are allowed to look at your I-485 Form, Page 1, for your Date of Last Arrival if you have trouble memorizing the date. Also, when you respond to a question, it is a sign of respect to say, Yes, Officer instead of just Yeah.

If you have been married less than two years on the date of the immigration interview, the Officer may only ask you a minimum number of questions about your courtship and marriage because they will only be granting the two year conditional green card. Common questions might be: How did you meet? What is your wife’s middle name? What is your husband’s siblings/parents’ names? Are you planning on having children? If you have been married more than two years on the date of the immigration interview, the Officer should ask more questions about your courtship and marriage, because they will be granting the permanent ten year green card

Before the immigration interview, copy all of your updated financial and proof of marriage documents listed on the interview notice onto pieces of 8 1/2 x 11 inch paper. The Officer is trying to organize your file and small receipts, paystubs or odd shaped paperwork are hard to organize neatly. Try to organize your documents so that you can hand them to the Officer in stacks, instead of one piece of paper at a time. For example, if the Officer asks for your three most recent paystubs, hand the Officer copies of the three paystubs clipped together. If the Officer asks for proof of marriage, hand the officer the entire stack of proof of marriage documents clipped together.

When submitting photographs to prove your marital relationship, make color copies of your photographs with the date, location (city, state and country), and names of people, written on the copies. Try to fit 2-3 photographs on each 8 1/2 x 11 inch piece of paper and carefully write the information mentioned above either to the side or underneath each photograph. Keep in mind that the Officer will punch two holes in the documents at the top edge of the page, so that if you place the photos too close to the top edge the photos may be punched with holes. Select a variety of photographs dated from the time you met each other to the present date, and include photos of each of you with the others’ family or friends. Photos of the wedding ceremony and wedding reception, as well as family holidays, are also important. As you can see, while it is nice to bring your wedding photo album to the interview, the Officer cannot fit it into your file and it is best to have a photo spread that fits neatly into your immigration file that you can leave with the Officer.

If the Officer determines that a document is missing, they will tell you at the end of the immigration interview which document is missing. The Officer will give you a piece of paper listing the document(s) they need and where to mail the missing items. The Officer should not take your work and travel permits, or stamp your passport, because you will not be granted your green card on that day.

When the green card is not granted at an immigration interview, a second immigration interview is not usually scheduled. Send the missing document by the deadline established by the Officer or your entire case can be denied. It is best to use certified or overnight mail so that you have proof that you sent the missing document by the deadline. A written decision about your green card is usually mailed to you by the Officer after they receive and review the missing paperwork you send to them in the mail.

But, if all goes well at the immigration interview, the Immigration Officer will tell you that the green card is granted as of that day, take your work and travel permits (which are not needed when a person has a green card), and stamp the equivalent of a green card in your passport. The actual laminated I-551 green card is then mailed to your home address, usually in two weeks.

Good Luck!

America is largely a country comprised of immigrants. Of the millions of people who live here, the vast majority have descended from people who at some time came to America in search of a different or better life. Finding out where and when your relatives came to America can be a real rite of passage for those interested in genealogy research. After all, especially if you’re family has been in America for several generations, reaching back to the first Americans in your family tree can be quite a reach indeed. Luckily, by finding immigration records, you can often pinpoint exactly when your family first reached American soil. By using an online public record search, finding immigration records can be quick and easy.

Public record searches are websites that specialize in providing researchers with access to a large number of public records all at the same time. Unlike traditional public records search methods, which involve visiting or querying multiple archives and databases separately, using an online public record search means that you dozens of databases and millions of records can all be searched within a few minutes. This way you can find the immigration records that relate to your family sooner than you thought possible. Immigration records can tell you important facts, like when and where your relatives entered the country, and what their country of origin was.

In fact, immigration records are just the beginning when it comes to public record searches. These useful websites can also locate cemetery records, military records, birth, death, marriage, and divorce records and many more. In many ways, online public record searches mean one stop searching for genealogy projects and other reasons. If you need public records for any reason, there’s a good chance you can get what you need from an online public record search.

So if you want to search for free immigration records, now you know how to get started on your quest. Soon, you’ll be able to proudly tell your children where their ancestors hailed from, and if you like, begin researching more about your relatives in their previous place of residence.