Category Archives: International Investors - Page 3

What is an Immigration Bond?

Posted by on October 31, 2008 Comments Off

Navigating your way through the legal world can be scary for those of us who are natives to our country. Imagine the horrors and misunderstandings that can occur if you are not a legal resident and are foreign to this nation. The process would be absolutely overwhelming, especially if you then get into trouble with that legal system and have to make bail. Immigration bond is what you would then be responsible for. It can be a highly confusing matter, but one that is able to be done with just the right amount of patience and perseverance.

Immigration bond is a federal bond, versus that of the state, for which you may be responsible for posting when you have been detained and arrested by the bureau of Immigration and Customs Enforcement. This is a lot different than being arrested by your city or other local authorities. In the case of immigration bonds it is the federal government with which you are dealing. Read more »

Immigration Plan Of A Poor Student

Posted by on October 31, 2008 Comments Off

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. Read more »

Have Children (On Visas) About to Graduate From High School?

Posted by on October 2, 2008 Comments Off

While many of my Non-Immigrant Visa clients come to the United States with spouse and/or children in tow on dependent visas, parents need to be mindful of their children’s immigration status as they approach adulthood. Oddly enough,and to the astonishment of many clients, the critical age to watch is 21, not 18. Children, on turning 21, will lose their dependent visa status, and must now independently qualify for his or her own visa classification.

In cases where parents are in the United States on an employment-enabled status, the dependent children can attend schooling in the United States on their dependent status (until age 21), without having to hold F-1 foreign student status. This includes pre-school, elementary school, secondary school, vocational school, and college/university.

While the benefit of this at first glance may not be readily apparent,the real benefit is financial. Whether you choose to put your child(-ren) into a private or public school, is of consequence to you, as your child usually qualifies for free or subsidized (in-State rate) tuition rates. If, however, a student is attending a school or institution of higher learning in the U.S. as a foreign student on F-1 immigration status, the child oftentimes has to pay the full, unsubsidized cost of tuition, or be obligated to reimburse public schools for the cost of attendance. The difference in rates can be as much 400%. Read more »

Children and the Immigration Problem

Posted by on September 18, 2008 Comments Off

As you are probably aware, the United States has taken more aggressive steps to prevent illegal immigrants from other countries (particularly Mexico) from entering the country from across the border and setting up residency here. There are many pros and cons to this permanent relocation plan, especially when dealing with the loss of the immigrant work force themselves as well as the effect that these activities have on the children of these families.

Since the beginning of this forced exile of these immigrants, the American economic system has worsened. Many farmers have lost their businesses due to the fact that they have lost the cheap manual labor that these people provided when the time to harvest came around. They simply could not afford the wages that they would have to offer to entice American workers to do this type of backbreaking work (not that many of them would even be interested in it).

Other American farmers have pulled up stakes and moved Mexico, where the cheaper labor can now be found. As a result of labor problems and the expense of importing produce that was once grown here from Mexico, our food costs are rising at an increasingly alarming rate.

On the other side of the labor issue, these immigrate workers came to this country in the first place to earn wages that were not available back home. Now many of these workers cannot support their families on the wages that they are forced to take in their own country.

Another problem that immigration officials need to address is that of the broken families that are left behind because of this enforced exile. In some cases, one parent may be an American citizen while the other is an illegal immigrant. The foreign parent is forcibly removed from the home, leaving the child and the other parent to fend for themselves. If the absent parent was also the breadwinners of the family unit, this can leave the child and remaining parent in dire straits. Read more »

Build Your Family Tree With Free Immigration Records

Posted by on September 18, 2008 Comments Off

There are all types of records that you can find online. You may find things that help you out with projects like building your family tree. This is something that most find some interest in at one point or another, but there is usually one person in the family that takes this very seriously and does extensive research. If you happen to be that person, you can see what helps you in the way of immigration records.

Unless your family tree is completely Native American, you are going to deal with immigration records at some point in your family tree research. Anyone of any other ethnic background is going to have ancestors that came in by boat, unless they came within the last fifty years. Even then, they could have still come in by boat. Immigration records cover all types of entry however, so they are immensely helpful when you seem to have lost the trail.

If you have gone back to a relative that does not have any birth records on file that you can find, they may have come into the country after birth. If that is the case, you are not going to find much unless you go through immigration records. There are many sources for these. Some are free and some are not. You are not going to know until you find them. Many have a free search, but you must pay a small fee for details.

Use the search engines to see what comes up. If you have an idea from which country your ancestor came, this is a huge help. Many boats came from specific countries, though there are some exceptions. That is great way to narrow things down. Once you come upon some records, search for your family member by name and range of date if you know how old they may have been. Read more »

Seeking Asylum In The United States

Posted by on August 28, 2008 Comments Off

Political asylum may be granted to people in the United States who are unwilling or unable to return to their home country because of persecution or a legitimate fear of persecution. This persecution can be due to race, religion, nationality, membership in a particular social group, or personal political opinions.

If an individual is granted asylum, that person will be able to live and to work in the United States. After one year, the asylum seeker is eligible to apply for permanent resident status. Under the current immigration laws, there is no maximum on the number of people who may be granted asylum in the United States each year. However, there is a limit on how many asylum seekers can adjust their status to permanent resident each year. Under the immigration reform measures of 1995, this number was increased from 5,000 to 10,000 people each year.

Approved asylum seekers must reside in the United States for at least one full year in order to apply for adjustment to lawful permanent resident status. One year of the asylum seeker’s residence period prior to adjustment is counted toward the naturalization residency requirement.

Asylum status and refugee status are very similar. The main difference between the two is the location of the person who seeks either refugee or asylum status. Asylum seekers are already in the United States while refugee status seekers are outside of the United States at the time of their request. All people who seek asylum must meet the definition of a refugee. Read more »

Understanding The Requirments For US Fiance Visas

Posted by on March 2, 2008 Comments Off

To enter the U.S. through marriage, one needs a Fiance Visa. As there are various Fiance Visa requirements, it is essential to know the basic laws pertaining to the Fiance Visa process and Fiance Visas in general.

The Fiance Visa processing takes about 120 days. Only after the marriage takes place, can the foreign citizen can apply for the Green Card visa. This visa gives them a permanent citizenship status as per U.S. visa requirements. The foreign citizen can thus migrate to the U.S. with the help of the Fiance Visa but it should comply with the laws of both the countries. Read more »

Immigration: Love, Marriage and the GreenCard by Shah Peerally, Esq.

Posted by on March 2, 2008 Comments Off

Marriage is a very important concept and establishment in the United States and as such Congress has determined that a foreign national who marries a United States Citizen spouse has the immediate ability to file for a permanent residence under a first category preference. It is good to know that a permanent residents (“greencard” holders) can also file a marriage petition however the waiting time for the priority date is long and therefore does not confer immediate ability to the beneficiary to obtain a greencard.

The first consideration in marriage cases is that the marriage has to be bona fide (literally in “good faith”) or a marriage not with the intention of solely getting immigration benefits. A good faith marriage is predicated on the intent of the bride and groom to establish a life together at the time that they were married. The United States Citizenship and Immigration Services (USCIS) formerly the INS (“Immigration”), has various criteria for determining if a marriage was entered in good faith. These include but are not limited to commingling of assets, joint leases, joint financial responsibilities, and pictures. It is generally accepted that a couple knows the most intimate affairs of each other. This is why it is very important to document your marriage in order to present evidence of your bona fide relationship. It is imperative that a person does not enter into a fraudulent marriage. A fraudulent marriage will penalize both the petitioner (US Citizen spouse) and the beneficiary (the person obtaining the benefits) and might even result in criminal charges including prison time. While Immigration does not recognize fraudulent marriages, they will recognize an arranged marriage as long as it is entered in good faith. Read more »

VAWA – A Solution to Immigrants in Abusive Relationships

Posted by on March 2, 2008 Comments Off

On January 6, 2006 the President signed the Violence Against Women Act (VAWA) into law. VAWA is a very powerful piece of legislation that has been successful in protecting abused spouses and children. Moreover, VAWA has very definite provisions to protect immigrants in abusive relationships from loosing their status in the United States or getting deported from the United States. This article is to be limited in scope and covers briefly VAWA as it pertains to immigration law only.

Who can use or benefit from VAWA?

Although VAWA stands for “Violence Against Women Act”, it applies to all spouses including abused men and children. A VAWA petition can be filed in situations where the spouse of the US citizen or Permanent Residence has abused the alien. Abuses do not always have to be physical. Abuse can be mental, psychological, physical, or a combination of all the above. In fact, many abuses are psychological and sometimes leave long lasting scars. For instance, Anita is Married to Ram who is a US citizen. Ram knowing that Anita is alone in the United States and depending on him to obtain a green card takes advantage of Anita. Ram will regularly make insulting comments to Anita. When Anita tries to answer the insult, Ram will be threatening on calling the Immigration Services on her. Read more »

Marriage to a Foreigner Made Possible with a K1 Fiancee Visa

Posted by on March 2, 2008 Comments Off

Saying “I do” to your foreign bride is a dream that can be made a reality. While the process of bringing your fiancée to your home country can be complicated and lengthy, it is not an impossible task. There are several stages in the application process and each step must be handled with an uncompromised degree of detail and thoroughness. Failing to complete all forms or providing inaccurate information will delay the process and cause you unnecessary stress. Before you forge ahead with your goal of bringing your dream fiancée home, take the time to inform yourself on which visa you need, whether or not your cause qualifies, and what the application process entails.

Before you can have your fiancée enter the United States and officially marry her, she must have the k1 fiancee visa. Although there are other types of visas, the k1 visa is the only accepted form of documentation that will allow you to legally marry your partner in the US. If, for example, you decide to marry your fiancée while she only has a tourist, student or business visa, her legal status will become questionable and potentially serious problems can result. To ensure that your fiancée is not refused permanent resident status, or that she is not deported back to her home country, you must obtain a k1 fiancee visa. Read more »

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