Immigration Debate

Petitioning Loved Ones Through Family Based Immigration

admin — Wed, 31 Mar 2010 10:50:05 +0000

Generally, there are two ways that one may petition an alien to immigrate to the United States. The first way is through familial relationships, using what is known as “Family-Based Immigration.” This is filed using a Form I-130 Petition. The other is through employment relationships under the category of “Employment-Based Immigration”. These are filed using a Form I-140 Petition. This article discusses petitioning through Family-Based Immigration.

How Do I Apply For the L-1 Visa?

admin — Tue, 30 Mar 2010 10:40:17 +0000

The L-1 visa is one of the very useful US work visa available which allows international organizations to bring their foreign employees inside the United States. The foreign employee may be admitted to the United States in L-1 visa status until the US employer requires the worker to be in the United States, its up to a maximum period of three years stay. Later the foreign employee can file for an extension of the L-1 visa.

Immigrating to Canada? (Step 1)

admin — Mon, 29 Mar 2010 10:30:07 +0000

Now that you have received or in the processing of receiving your immigration papers, the clock is ticking. You need to enter Canada before the expiry of your medical which is exactly one year from the date of examination. Here are some points that will help you in planning your move to Canada.

How to Acquire Legal Immigration to the United States

admin — Sun, 28 Mar 2010 10:20:43 +0000

Immigration refers to the movement to a country from another country by a non-resident for the purposes of permanent residence. American immigration refers to the movement of non-Americans to America.

US Investment Immigration - EB5 Investment Visa Green Card

admin — Sat, 27 Mar 2010 10:20:07 +0000

Finding detailed, impartial information on the advantages and disadvantages associated with the different regional center programs approved by the US Government can be extremely difficult. making a bad decision can lead to the loss of some or all of your $500,000 investment and potentially deportation. However, on the plus side many applicants have chosen appropriate regional center programs and now live in the USA, with their families, as permanent residents or, if they choose so, after five years as US citizens. Alternative visas such as the E2 and H1B do not provide that all important permanent residence status.

How to Find a Good Immigration Firm

admin — Fri, 26 Mar 2010 10:10:12 +0000

Finding and hiring the services of a legal expert in immigration application processing is one of the perquisites for initiating the process of acquiring a permanent residency Visa for a country.

A permanent residency Visa or temporary work permits can be availed through the colonization processes differing for every country. A good immigration lawyer is the one who assists you throughout the migration process and provides even the basic details of the process. He needs to quicken the process and see to any loopholes in the immigration application processing stages. Right from the stage of filing papers for Visa to the candidates settlement in the other country, a good lawyer needs to take care of even the basic elements of the immigration process.

Post the economic downturn, most countries have cut down on their immigration levels except Canada. Canada is one of the few countries in the world which is still welcoming millions of immigrants from the world over.

After the major economic downturn, most countries have shut down on immigration traffic because inadequate job opportunities. Even the multinational companies are inefficient at handling the immigration traffic due to the shaky economic condition. The global recession has also badly affected the major western nations as well as prosperous countries like Australia. Most importantly, these countries are also facing lack of job opportunities and are thus cutting down on immigration traffic.

The most important question that stands now is that how to find a quality and experienced colonization consultancy firm for your immigration purpose who will focus on your case rather than extract money from you. Some of the highlighting points to look for in a good immigration consultancy firm includes the following:

1. Credibility in the Market:
A good immigration consultancy will generally have sound credibility in the market. It will be trustworthy and a long list of satisfied clientele.
2. Background Assessment
One needs to make proper background assessment of an migration consultancy in order to verify any long=term pending cases or any foul play in the name of the firm. A clean background with a strong management team speaks volume of the firms market reputation.
3 Reimbursement Policy
A good colonization firm follows a reimbursement policy, wherein, it offers reimbursement of consultancy fees in case the firm fails in its services in the migration procedures due to its own drawbacks.

As per the Canadian immigration and Visa laws, Provincial Nominee Immigration program allows province to nominate individuals for a permanent Canadian Visa on mutual benefit terms.

Canada is a combination of federal and French-speaking Quebec governments. The federal section of Canada further comprises of different provinces which together make up the entire Federal section of Canada. These provinces have independent governments and independent jurisdiction.

Types of Visas For the United States!

admin — Thu, 25 Mar 2010 10:00:05 +0000

In case you are a non-US citizen who intends to visit the United States, you must obtain a visa in order to legally enter the country. The US visas could easily be categorized under two categories. These are:

Immigration Lawyer’s Notebook - The Startup Visa Act of 2010

admin — Wed, 24 Mar 2010 09:50:08 +0000

Working as a San Francisco immigration lawyer, I’m interested in how immigration policy may help or hurt the struggling economy. A bi-partisan bill, The Startup Visa Act of 2010, has been introduced by Senator John Kerry (D- Mass) and Senator Richard Luger (R-Ind). The bill is intended to assist global entrepreneurs in obtaining U.S. visas.
This isn’t a simple open door policy. A foreign entrepreneur may be granted a temporary two-year visa (presently designated as an EB-6 visa) if they are able and willing to invest $250,000 in a business that they are going to startup. This may lead to a permanent visa.

The Investment Visa - Gateway to the USA?

admin — Tue, 23 Mar 2010 09:50:04 +0000

The investment visa also known as the investment green card or the EB-5 visa can enable you, your spouse and children under 21 to obtain permanent U.S. residency by investing $500,000 into a government designated Regional Center investment visa program creating at least ten jobs per investor.

You will be able to live anywhere in the USA and have the option to take almost any job, run a business or retire. As an EB-5 investment green card holder you have access to a number of advantages normally only enjoyed by U.S, citizens including savings on property tax in some States.

Your children may attend schools or apply to universities with the same rights as a U.S. citizen and unlike other investment visa options they do not have to leave at 21. Each member of the family may apply for U.S. citizenship after holding their green card for five years.

A Regional Center is an area designated by the USCIS as eligible to receive immigrant investment visa capital. Regional Centers are Government designated for purposes of immigration however, as U.S. law states that a Regional Center investment must be ‘at risk’; it cannot be guaranteed and needs very careful evaluation.

The period of investment is dependent on the Regional Centers exit strategy and although the investment is $500,000 administration fees charged by different regional centers vary substantially. These are a number of areas of concern which have significant coverage in the book Green Card via the Red Carpet.

If the EB-5 is your investment visa of choice you may wish to focus on Regional Center programs which -

Safeguard your investment.
Have an established record of success with investment visa applications.
Do not tie up your capital without a clearly defined exit strategy.
Focus on your requirements as an investor and an immigrant rather than simply seeing you as a source of easy capital!

Generally there are three main forms of Regional Center investment:-

A number of regional centers offer property investments suggesting that property has advantages, particularly if it has no debt attached to it. The key to property performance can be how much was paid for a property in the first place, who it was purchased from and what is the exit strategy?

Equity business investments are asset based and may or may not be managed directly by the company operating the Regional Center.

A small number of Regional Centers offer fixed term programs where your funds are used as loans to another organization. Sometimes these are governmental agencies such as development corporations for infrastructure projects where a municipality or associated development agency usually becomes responsible for repaying your capital. The implications of these options vary and there may be advantages/disadvantages which require clarification.

An important consideration for the investment green card applicant may be which regional centers have paid back investment visa capital. At the time of writing, in 2010, we are aware of two centers that have repaid all or a portion of investment visa funds and two planning too.

After you have invested and your attorney has submitted your visa application, investment green card processing takes approximately 6 to 9 months. For planning issues such as schooling, allow 9-12 months between visa application and the issue of your investment green card.

Important Changes to the Tier 1 & Tier 2 Visa Categories of the PBS

admin — Mon, 22 Mar 2010 09:40:09 +0000

Following the Migration Advisory Committee’s (MAC) recommendations regarding the Tier 1 and Tier 2 of the Points Based System (PBS) the Government has now approved several policy changes which will be implemented on 6 April 2010.

Some of the important changes will include:

Tier 1 General

Initial leave to enter/remain is reduced from three to two years, with a three year extension subject to evidence that the individual is in highly skilled employment;
Applicants who are already in the UK under Tier1/HSMP will be able to rely on transitional arrangements;
Age - a threshold for the age category is extended to allow points to be claimed for those up to the age of 39;
Qualifications - reinstatement of points award for a bachelor’s degree (30) with reduced points being awarded to a PhD holders (45);
Previous earnings - increase of the minimum threshold, points to be awarded for earnings above £25,000;
Additional salary band is introduced with a threshold of £150,000 (75 points to be awarded);
Professional qualifications appearing on the Points-Based Calculator (PBC) on the UKBA website are eligible for points according to the PBC results.

Tier 1 Post Study Work

Graduates of UK medical schools (doctors) are now able to switch to Tier 1 PSW category within 12 months of completing the Foundation Programme rather than graduation to allow them completion of speciality/GP training;

Tier 2 / Work Permit

Prospective earnings - 25 points are be awarded for earnings above £32,000;
All non shortage occupations in Tier 2 General category attract 5 more points than in Tier 2 ICT (30 as opposed to 25 as ICT);
All applicants in non-shortage occupations have to score points in the prospective earnings category to qualify under Tier 2;
Applicants applying for a Tier 2 extension are automatically granted 50 points without the need for previous earnings test;
Rules on allowances will remain unchanged;
Changes of jobs within the same SOC code whilst in employment with the same sponsor don’t require new application unless they fall into exceptions;
Change of employment applications are considered against the same criteria as initial application including a RLMT where applicable;
Intra-Company transfers are being split into 3 categories: Established Staff, Graduate Trainee and Skilled Transfer;
Leave to enter/remain under the Tier 2 ICT category as a Graduate Trainee and Skilled Transfer is for limited period only and migrants are not able to switch into different immigration category;
Tier 2 ICT will no longer leads to settlement.
The UK Government is currently reviewing the overseas earnings multipliers to ensure that they are up-to-date, further changes are likely to be introduced at the later stage.

Furthermore, the UK immigration authorities decided to implement a new category of the ‘Highly Trusted Sponsor’ under the Points-based System. On 6 April 2010 this category will be introduced for Tier 4, however, later this year it will be extended to businesses.

Contact us as soon as possible if you are concerned or wish to know more on how the proposed changes might impact your immigration status and future options.