Immigration Lawyers NYC – Law-abiding Gladiators against Law-Breaching Predators – Part II

This article is in continuation to the article that was written under the same title and introduction.

Irrefutably, United States of America is still enjoying the unwavering preference of every eye filled with the dreams of a sumptuous career. Its immigration counters are still flooding with immigrants and all immigration lawyers NYC firms are as busy as bee with immigration applications. In my previous article, I mentioned an extract of an open discussion pertaining to Special Immigrant Visa for Translators and Interpreters (Iraqi and Afghan), held between a client and a lawyer.

In this article, I will be continuing with the procedural details for the discussed visa.

Lawyer: Let us start with the procedure now. The first step towards your brother's SIV approval is, “petition”. We will be filling a petition with USCIS (Nebraska Service Center). To file this petition, we need a form I- 360, which can be downloaded from the official web portal of USCIS. Along with this application, we need to annex few other documents such as:

• Copy of your brother's passport (Date of Birth and Nationality Proofs with translations, if not in English)
• Work proofs – documentation evidencing that your brother served the cited departments (Mentioned in Part 1)
• Evidence of Background check – conducted by US Armed Force or COM.
• Letter of Recommendation – as mentioned in Part 1 (Letter from General in the Army, Air Force, or Marine Corps; Admiral, Rear Admiral in the Navy; or the Chief of Mission in Baghdad or Kabul.

Client:Is there any particular format for “letter of recommendation?”

Lawyer: No, there is no such format, but the letter must mention below cited things:

• The tenure of your brother's service
• Information concerning his security clearance
• And last but not least, the recommendation

Client: A friend of mine told me that the postal address has to be an American Address. Why is it so?

Lawyer:The USCIS department cannot send mails outside America, so postal address must be an American one. It would be better, if you can take care of your brothers' mails.

Client: After approval, what is next?

Lawyer: After the USCIS Nebraska Service Center is done with its assessments, they will forward his approval to NVC and then NVC will revert back with the visa status update.

But to make it happen in correct way, you would need the lawful assistance from a professional and reputed immigration lawyers NYC firm.

Immigration Lawyers NYC – Law-abiding Gladiators against Law-Breaching Predators

Irrefutably, United States of America is still enjoying the unwavering preference of every eye filled with the dreams of a sumptuous career. Its immigration counters are still flooding with immigrants and all immigration lawyers NYC firms are as busy as bee with immigration applications. In this article, I will be mentioning an extract of an open discussion pertaining to Special Immigrant Visa for Translators and Interpreters (Iraqi and Afghan), held between a client and a lawyer.

Client: I want to inquire about SIV visa, for my brother in Baghdad. Can you please brief me on that?

Lawyer: Certainly sir. The SIV visa is acronym from Special Immigrant Visa. This particular visa falls under Section 1059 of National Defense Authorization Act and to that date, 50 Iraqis and Afghans are granted visas on the annual basis, under which they have to work for US Military as translators or interpreters.

Client: My brother is serving US Embassy in Baghdad under the Chief of Mission Authority. Do you think he is an eligible candidate?

Lawyer: Wonderful, you will be glad to know that as per the latest amendments, only those Iraqi or Afghan candidates are eligible, who are either serving or served US Armed Forces, US Embassies at Baghdad or Kabul under Chief of Mission (COM) authority. So, as per your earlier statement, your brother is 100% eligible for the visa.

Client: As you said, 50 Visas, so does that mean 50 including his family members? I mean, if he applies for a visa along with his three family members (spouse and 2 kids), does that means he will be applying for four visas?

Lawyer: No, in this quota, only primary applicant’s requests will be counted, which means he will be applying only for one visa. Special immigrant visas issued to principal applicant's spouse and children do not count towards the quota.

Client: Are there any age limitations for children in this SIV?

Lawyer: Yes, your kids must be under 21 and they must be unmarried. They will be granted visa with you and they may admit themselves with you or they can join you after.

Client: Besides the documentation proving oneself an Iraqi and documents evidencing the services under COM or US Armed Force, what other documents are required?

Lawyer: Beside these, one must have a favorable written recommendation from a General or Flag officer or from the Chief of Mission, from the embassy where your brother served or is serving.

In part-1 of this article, under the same title “immigration lawyers NYC – Law-abiding Gladiators against Law- breaching Predators,” we would be detailing about its application procedure.

An Immigration Law firm in NYC Talks about Different Types of Humanitarian Protection

Every month, the immigration firms in New York witness many individuals looking for guidance when it comes to obtaining a humanitarian status in the United States. The United States government has made various provisions for those desiring protection status based on various conditions. Those seeking guidance on the finer nuances of these conditions can seek help from an immigration lawyer NYC firm.?

In the section below, an immigration lawyer NYC firm talks about the various types of Humanitarian protection that is provided by immigration authorities in the United States-

1. Temporary protection –The United States federal immigration law provides temporary protection to those individuals who need to evade the unsafe circumstances that may stem in their countries of residence. However, in order to apply for this status, an individual needs to have his/her home country designated valid for the temporary protection status or TPS. The TPS is generally provided for a period of 6 to 18 months.

2. Asylum – Those having undergone persecution in their home country or at the risk of being persecuted in their home countries can apply for an asylum status with the United States immigration authorities. The immigration authorities usually consider eligibility on the basis of five grounds that may include race, religion, nationality, political opinion and membership in a particular social group. However, the immigration authorities deny asylum to those involved in criminal activity, terrorist activity, persecution of others, violation of religious freedom and serious non-political crime.

3. NACARA 203 protection – Under the Nicaraguan Adjustment and Central American Relief Act (NACARA) signed by President Bill Clinton in 1997, immigration benefits are provided to Guatemalan and Salvadoran nationals. This may include relief from being deported or removed in case if they have resided in the United States for a period of 7 years.

4. VAWA- It was common in the past for foreign born spouses (wives) to undergo abuse and the threat of losing their support from their citizen husbands. The immigration authorities devised the Violence against Women Act (VAWA) in order to protect the rights of these battered women. Under the VAWA act, the applicant can file a self-petition in order to adjust her status in the United States.

An Immigration Law Firm in New York shares the History of Immigration

The central Bureau in one of its reports estimates that the United States population will grow dramatically in the next few decades. It doesn’t come across as a surprise for a nation which is estimated to have 40% immigrants from different parts of the world. In New York City alone there are thousands of legal as well as illegal immigrants. Due to the tougher immigration laws, these immigrants frequently have to seek the immigration law firm New York services for guidance and to understand the complicated immigration law. However, there are very few people who know about the history of immigration and the present scenarios of it in the United States.

In the section below, an immigration law firm New York attorney talks about the history and evolution of immigration in the United States -

History of immigration: The history of the United States of America can be basically divided in to four prominent periods, which were termed as colonial period, mid-nineteenth century period, turn of the twentieth century period and post 1965 period. These periods were distinguished on the basis of the various races and nationality and races that entered the US. During the mid-seventeenth century, approximately two million Englishmen came to America as servants. On the other hand, the mid–nineteenth period had more north Europeans coming in comparison to twentieth century where they were mainly from southern and eastern Europe. The last period in the immigration history that is the post 1965 period witnessed the influx of Asians and Latin American people. It has been found that in the early nineteenth century, the majority of immigration was triggered by the great depression with people arriving in United States looking for brighter prospects.

A significant event in the US immigration history was the Immigration and Nationality Act of 1965 that helped to stop quotas that were based on the national origins. This act also termed as the Hart Cellar act that helped to bring equality among the various immigrants. This was followed by another significant act signed by the former president George W Bush, also known as the immigration act of 1990 that brought the legal limit of immigration in America to 40%.

Immigration to the United States today: The contemporary immigration has witnessed a sea of change with even women forming a considerable part of the immigrants. The United Stated today is a multi-cultural hot spot for people across the world. In the wake of the terror attacks, federal immigration rules have become stricter. Only rightful and deserving applicants can gain entry to the US in order to live their dreams.

Thus, in order to gain a legal entry to this land or to make a living respectfully, one must seek the guidance and services of an immigration law firm New York attorney.

Understanding Work Permits with the help of one of the Best Immigration Law Firm

Migration has been a common practice among the human beings since primitive times. The practice continues with millions of people around the globe going to foreign lands for better opportunities. The United States is one of the most preferred destinations of the world for its attractive opportunities. However, in order to curb illegal immigrants, it has strict entry rules. An individual needs a work permit for being employed in the United States and should seek help from the best immigration law firm available to prevent any discrepancies in the application.

One of the best immigration law firm in the financial capital helps to advise more on the topic of work permit in the section below-

What is a work permit? It is quite common for immigrants to seek a work permit while in the United States as it gives them the official nod for being employed and earning themselves some income. The US work permit is the official proof for a non-citizen to work whilst in the US. It is also termed as the “Employment Authorization Document” (EAD) and is different from a green card. It is common for many to confuse the green card with work permit as they both allow an individual to work.

Am I eligible for the work permit?

In case the visa of an individual does not come with a work permit then he/she has to apply for it with the immigration authorities such as U.S. Citizenship and Immigration Services (USCIS). The immigrants who need to apply for a work permit include –

* F-1 students experiencing economic hardship

* K-1 fiancé visa holders

* people with a pending application for adjustment of status (a green card)

* people with Temporary Protected Status (TPS)

* Deferred Enforced Departure (DED)

* Asylums

* spouses of various visa holders

* seeking optional practical training (OPT)

Who all are exempted or do not have to apply for a work permit?

In many cases, an individual does not requdire filing for the work permit. The following do not have to apply for a work permit –

* Green card holders

* Individuals in the process of becoming US citizens

* Foreign nationals who have entered the US on work based visas

* H-1B (for specialty workers)

* L-1 visa (for intra-company transferees)

* E-3 visa (only for Australians)

* E treaty trader or treaty investor visa (for employees of companies registered as treaty traders or treaty investors in the United States)

An Immigration Law firm in New York talks about the various aspects of Consular Processing

Every year there are different people who are in the various stages of applying for the green card that makes them lawful permanent residents. Many applicants seek guidance from various immigration law firms in the New York City to build up a strong case in their favor. Those applicants who have applied for a green card from overseas may have to undergo the procedure of consular processing. An immigration law firm New York services can be useful for an applicant filing applications for consular processing and adjustment of status.

In the section below, an immigration law firm New York helps to educate us on the topic of consular processing

Understanding the difference between consular processing and adjustment of status

It is common for an immigrant to be confused about the difference between consular processing and adjustment of status. It is quite common for an immigrant who has any approved visa petition by filing I-130 and I-140 to find that his/her priority date has emerged along with a visa number. In such conditions due to the geographical constraints, the applicant submits the application along with appearing for the interview in his/her home country. On the other hand, adjustment of status means that the green card portion of the application is given to the applicant by immigration authority such as U.S. Citizenship and Immigration Services (USCIS) only within the United States of America.

Who all can opt for the consular processing?

The consular process is applicable in the case of applicants they are oversees. This is the routine procedure overseas applicants and the best route for getting themselves a green card. It needs to be understood that a mere physical presence in the United States will not accelerate the green card process and avoid consular processing that has the waiting time of many months. In the past, various applicants have arrived in the US looking to avoid the consular processing on tourist and other types of visas. However, this has only acted as impediments in the routine procedure of green card process.

What are the pros and cons of consular processing? There are various advantages of this procedure, an important one is that it provides a lawful stay to the applicant until a decision is given on the application. This is applicable even in cases where the visa has expired. The other advantages of this process include a work permit for the applicant and the permit to leave the US if applied for an “advance parole.” On the downside if the application is rejected, the applicant faces removal proceedings if he/she has an expired status.

Get Guidance on a Conviction and its Consequences Only from the Best Immigration Law Firm

The United States is a melting pot for people from around the globe who want to make a better living for themselves. This ethnically diversified nation however has tough federal immigration laws in order to keep a check on illegal immigration. The subject of immigration is of much debate in the state and federal government legislations. Immigrants charged with criminal convictions would not only be punished when deemed to be guilty, but may also face the possibility of a deportation. Those charged with criminal convictions can find themselves in turmoil. Therefore, it is imperative for them to seek genuine and lawful guidance only from a best immigration law firm in the city.

In the section below, a lawyer from one of the best immigration law firm in New York talks more about convictions and its immigration consequences.

1. Those who enter the plea to a criminal charge may find their immigration status at risk with the immigration authorities. It is a common myth among many immigrants that they can only be deported on grounds of illegal immigration. However, it is not true as those being convicted of crimes and found to be a threat to the citizens can be deported.

2. Unless an individual is the rightful citizen of United States, he/she may face deportation. This is applicable in cases of green card holders or lawful permanent residents and immigrants who have gained entry on different types of visas.

3. According to the immigration law act (INA), there are 21 types of crimes that count as aggravated felonies and have serious immigration consequences. These include crimes such as murder, rape, sexual abuse of minor, illicit trafficking of controlled substance or firearms, money laundering, kidnapping, child pornography and thefts, to name a few.

4. An individual faces a conviction, if there has been either a formal judgment of guilt noted by a court or a plea of guilty and no contest on the behalf of the one convicted. It also takes place if there is an admission of offense on behalf of the one convicted or a restrain on the liberty of the individual as imposed by the court.

5. In cases, such as suspended imposition of sentence, after completing of the probation, there is no conviction on the records of the confused. An immigrant or a green card holder should take help from the best immigration law firm available to avoid a criminal charge on the record.