lmmigration: October 2010

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Thursday, October 21, 2010

Learn the Study Guide: A Must for the New Citizenship Questions

By Vicarius Licera
There are free citizenship quiz for applicants on the websites. Other websites offer this quiz download for a fee. Business people knew that citizenship test is very important for applicants and this reason give them idea on how to help and at the same time earn an income from it. The applicants on the other hand, appreciate these chances to avail a copy of quiz online for practice purposes.

Although this online quiz can help the applicant, the copy of study guide given by the CIC officials is enough to pass the test. Just giving it some time to study, become acquainted with all the topics from Canada's history to politics and the country's society, the applicant is assured of passing the test successfully. Emphasized the rights and responsibilities of a new Canadian and focus

New citizenship questions are focus on these subjects:

-the rights and responsibilities of a citizen

-issues related to election procedures

-the social and cultural history and symbols of Canada

-the right to vote and the right to run for office

-the political history of Canada, it's institutions and systems

-the political and political geography of Canada

The future immigrant should possess an adequate knowledge of Canada's language. This is important because his ability to understand the language will reflect when he responds to the new citizenship test questions either in written or oral form. The test and interaction with the officials of the Citizenship and Immigration Canada will tell if the applicant can communicate using the official language of Canada. Learning the language, either English or French is one of the requirements in the application to be a Canadian citizen.

The applicant should also be aware that there are lots of omissions in the previous study guide that are being emphasized in the new one. That is why it is important that the person advised to take the test, will really read and study the new study guide, the Discover Canada: The Rights and Responsibilities of Canadian Citizens.

What Is New in the New Citizenship Act?

By Vicarius Licera
Citizenship in Canada is generally obtained through:

- Birth. If you were born in Canada, you are automatically a Canadian Citizen.

- By descent. Born abroad but with a Canadian parent (either one of them was born in Canada).

- Adoption. If a Canadian citizen adopted you from other countries.

- Naturalized or Permanent resident. Anyone who already resides in Canada for 3 or more years.

Why did the government amend the old citizenship law?

The previous law was amended because of the criticisms of the people about the uncertainties led by the complicated and confusing status of their citizenship. The new Citizenship law eliminates this requirement.

Some of the New Citizenship questions frequently asked:

- What are the new citizenship rules?

The new Amendment Act gives people new citizenship who have lost it, and to those who, for the first time were recognized as Canadian citizens. On the other hand, the new Act limits the citizenship of those outside Canada to only one descent generation thus, protecting the value of Canadian citizenship. Right after the completion of the adoption, even without entering Canada first as a permanent resident (which is a requirement in the old law), Canadian citizenship can now be acquired by foreign nationals who were adopted by Canadian citizens.

Before the Citizen Act was amended and was effected on April 17, 2009, the old law regarding the Canadian citizenship required people who were born outside Canada but belong to the 2nd or next generations, to apply for the retention of their citizenship before their 28th birthday, stating about their intention to live one year in Canada or submit a proof that they are connected with Canadian citizens. If anyone failed to meet these requirements, he may lose his Canadian citizenship.

- What are the changes in study guide? Why it is changed?

Learning the Canada study guide is one of the requirements in applying to be a Canadian immigrant.

In the New Citizenship law, to tell the story of Canada better, the citizenship study guide was rewritten. In the study guide, the emphasis is on the rights and responsibilities of Canadian citizens. The topics are about Canada's History, values and institutions and also of politics and government.

Anti Immigration Or Nativism - Various Causes

By S. George
Anti immigration or 'nativism' as it is often called, simply means that certain people or inhabitants in a group are given more preference in comparison to outsiders and newcomers. Nativism is actually the opposite of immigration and takes place due to various national, political, cultural or religious reasons. It is also a form of racism, where quite often insecurities and anger may result in violent incidents by one group against another. Nativism is present in the history of many countries and this phenomenon exists even today in nations like Australia, the United Kingdom, the United States and New Zealand.

Causes of Nativism

Why does nativism exist even today and what are the few causes behind it? Most incidents involving nativism are due to one of these reasons or due to a combination of factors:

1. Cultural or Racial - This occurs when people may have a number of fears and anxieties about visible differences in terms of race, culture, religious beliefs and even language. Such people may feel that strength lies in numbers and that the influx of foreigners can cause the degeneration of society itself. For instance, in the recent past, there have been many surprise violent attacks on Indians working in Australia, where cultural differences and racism were cited as the main reasons behind them.
2. Economic - Immigrants coming into a country may result in the loss of security for the original inhabitants or even a loss of status. This usually happens because immigrants are willing to work for longer hours and with lesser pay, just to make ends meet. In America during the early 19th century, Irish immigrants are believed to have been victims of nativism by Americans themselves. Many reasons have been given for the reasons behind the immense dislike shown by the Americans such as the fact that many of the Irish migrants were Roman Catholics and alcoholics. The real reason however is attributed to the fact that the Irish were also very hardworking and were preferred over Native Americans, for many jobs; thus making the latter highly insecure.
3. Political - Political events play a huge role in increasing xenophobia and one's insecurity about foreigners in society. For instance, the terrorist related events of 9/11 in the States have actually increased the overall prejudice of society against people from the Middle East. Anger over this historic event led to attacks on many innocent people, simply because they either looked Middle Eastern or because they wore a turban.

Although nativism all over the world is very much a stark reality, nations have not yet been able to put their finger on the perfect solution to contain it. Educating citizens about the importance of immigrants and their contribution to society, hosting community building drives and events as well as celebrating diversity in cultures are a few positive steps that countries can adopt. The speeches made and campaigns held by politicians and other influential figures should focus on the community as a whole. Care should be taken to ensure that the sentiments of all groups are respected and also that no one group is targeted verbally. By making the attempt to understand other cultures and groups; nativism may one day become a thing of the past.

The Confusing Situation Surrounding Russian Visas

By Ryan Sheldon
There is a plethora of information relating to the confusing situation of Russia visas. Most of these tend to be out-dated or using ambiguous words. This leaves people travelling to Russia confused as to what to do once they arrive in the country. Despite what the Western media has been broadcasting, Putin pushed tirelessly for entry into the European Union and the WTO (World Trade Organisation) but to no avail. Medvedev has been doing the same, and has support from many of the European countries, such as Poland, Germany and France. As of yet, the Russian Federation haven't been granted access to the EU. With the obvious political agendas aside, by granting Russia entrance to the EU would allow for visa free travel in both directions.

At the moment Russian citizens require a Schengen visa to visit all the European Union countries excluding the United Kingdom (UK). The same goes for the people residing in the European Union countries including the UK. Visas should be applied for in plenty of time before you travel. There are many options for visas, but applying for a Russian tourist visa two weeks before you travel is usually adequate. Business visas take a little longer, but the process is still somewhat the same. Business visas are separated into two sub-categories: actual business visas, for where a foreign national wishes to do business in the Russian Federation, and cultural visas, for where a foreign national wishes to simply enjoy an extended tourist stay in the Russian Federation. Most of the Russian visas are easily obtained, and are rarely refused.

The obtaining of the Russian visas isn't something which is all too difficult. However, the problems usually begin when you first land in Russia. When applying for your visa, you should ensure that it's valid when you land. This doesn't mean that the visa's validity has to begin from the very day you land, but that it should be valid for when you do land, otherwise you'll be prevented from entering the country.

On board the plane travelling from a country which requires a Russian visa -- which the U.S and Canada, but excludes many of the ex-Russian states, mostly those south of Russia such as Kazakhstan and Armenia, and South American countries such as Brazil and Argentina, you will be presented with a migration card which is bilingual -- Russian and English. The details required from you are quite basic: your name, date of birth, place of stay in Russia for the first few days, inviting company or individual, and your passport and visa numbers. Once this has been successfully filled in, and it's not difficult by any means, it should be handed in to the migration official you meet at the airport. Incidentally, both the left and right of the migration card should be filled in, since the customs official will stamp the right side and give it to you keep. You need to hold onto this migration slip for your entire duration, and by certain not to lose it, since this would cause problems when leaving Russia.

Once you have left the airport, most articles will tell you that you need to register your Russian visa within 3 days. However, more specifically, you need to register your visa within 72 hours. This means that if you land at 22:00 in the evening, then only those 2 hours remaining of that day will count towards your 72 hours, not the whole day, since this would be unfair. The process of registering a visa is simple if you're staying in a hotel, as almost every hotel will register your visa for you, for the entire duration of your stay. They will also return the slip to the UFMS for you once you leave. All you need to do is not lose your passport or your migration slip.

However, if you're staying in a private apartment or elsewhere that isn't a hotel, then you will need to take a few extra steps. Ideally you should attempt to locate the UFMS office of the town you're staying in, as outside of Moscow and St. Petersburg, the process for registering a visa can be awfully complicated, and if you miss the 72 hour period, then you're at the mercy of the migration officials, who may be lenient if you're from the European Union, but it's not something that can be relied on.

The punishment for not registering your visa within 72 hours of arriving in Russia, and if the officials do not let you off, is that you will be required to pay a fine. Anywhere from 2,000 RUB to 10,000 RUB is standard. This is not the worst of it if you plan to return to Russia, as a fine is considered an infraction of the migration rules, and whilst you are allowed to accumulate 2 of these warnings before you have trouble, you have still caused yourself problems. Another one of these infractions, which can be given for many things in Russia, and you may be declined entry to the Russian Federation in the future. Note the word may, as this is not at all definite, and depends on the circumstances.

Once you've located the place where you can register your Russian visa, you will need to fill in a form. However, a problem arises here that if you don't under the Cyrillic alphabet then you're going to have countless difficulties in filling in the form. Not only is the form printed in the Cyrillic alphabet, you are required to fill in the form using the Cyrillic alphabet. This means transliterating Latin characters into Cyrillic characters, which certainly isn't the easiest process if you don't understand the language.

Fortunately, if you are staying in a Russian town that is not frequented by tourists, then you will either stay in a hotel, or you will be staying with a friend, both of which will fill in this form for you. Some Russian towns also require you to pay a tax of 2 RUB per day. This can be done at the state bank in Russia quite easily. You will, however, need the account number from the UFMS department. This process doesn't usually take too long, and shouldn't cause too many problems.

If you are travelling alone, or with a friend who doesn't speak Russian, and you intend to visit many Russian towns off the beaten track, and you're not intending in staying in a hotel -- maybe camping, then it's a good idea not to stay in any of these Russian towns for any more than 3 days, since you won't need to register your visa. You could register it in Moscow when you arrive in the country, and then de-register your visa in Moscow when you leave. You can pass through as many Russian towns as you wish, and not have to re-register your visa a single time.

Once your stay in Russia is over, you need to de-register your visa, which is an important step, as otherwise this may cause problems in acquiring another Russian visa, if you plan on visiting Russia again. To de-register your visa, which should be done 24 hours before you depart, but can be done anywhere up to 48 hours after you depart, if you have a friend who can submit this slip for you, you need to take your registration slip which you got from the UFMS office when you registered, and give it back to them. They will de-register you. You are then allowed to leave the Russian Federation by handing them your passport and migration slip at the airport.

Once you've done it, you'll realise that it's not something to be scared about. But the process can be awfully complicated outside of Moscow and St. Petersburg. If you arrive in the Russian Federation on a visa that allows you to come and go a few times, then please be aware that you need to de-register and re-register your visa with every time you leave Russia. This is as important as all the information aforementioned.

Don't let the communist-era visa process put you off visiting Russia, though! It really isn't all that difficult, especially if you're intending to stay only in Moscow or St. Petersburg, or stay in a hotel in the places not frequented by tourists too often. You should begin to worry when you're staying in a private apartment in a town that isn't Moscow or St. Petersburg. If you intend to do this, then you would need to read up more about the process, for you can quite easily become confused with what you have to do.

When Should You Start The Immigration Process?

By Kum Martin
Many of us are not very sure whether the immigration paperwork should be done just before the deportation proceedings. The answer to this often-asked query is that it is better to start the process as soon as possible.

In order to start off the immigration paperwork, you need to first explore what are the immigration options available. For example, if an individual is currently eligible for certain immigration benefits or can apply for green card paperwork or is eligible for some relief funds or any other legal status in the United States, it is better to apply immediately. The immigration authorities would carefully review your application and decide whether to approve it or not. The process can be time consuming in certain cases.

Lots of changes are happening on the immigration front and are also being enforced rapidly. For example, some states such as Arizona are undergoing major reforms in the immigration procedure. However, some of the proposed reforms are yet to be approved by the Supreme Court. Hence, in order to avoid getting stuck in the whirlpool of these latest reforms, it is better to promptly do the paperwork as soon as possible.

The paperwork required for immigration differs with the purpose. For example, you may be a general immigrant or shift just for work. Hence, in order to know the exact procedure, you can contact the immigration attorneys who would help you to carry out the paperwork. In case of any queries on the latest immigration laws, you should consult a specialist who can guide you through the process.

Getting a B-1 Visa

By Samuel Beckett
Any individual who wishes to travel to United States must obtain a Visa. People who want to visit United States for business related issues can apply for Business visa known as B-1 visitor visa. B1 visa is a non - immigrant visa where people who do not require any labor certification or receive payment from US source, may apply for this visa. This business visa is appropriate for attending conferences, attending meetings and several other business related activities.

The US Business Visa

When applying for a B-1 Visa the applicant:
must complete the application forms and put the signature on them.
must provide documents for the business purpose or work for which he/she intends to visit US.
must produce sufficient evidence to prove that the visit is only temporary and that he/she intends to return back after the business-related work is done, and
must comply with all the security clearance procedures that will be requested of the applicant.

Eligibility Requirements for b-1 visa:

The B1 visa must be applied before 60 days of the date of travel. If the visit to United States is based on a science convention, then the application for B1 Visa must be made not later than 90 days before the date of travel. The applicant must prove that the purpose of the trip to US is for business, and that he/she plans to remain for a specific period only. Also the applicant must provide evidence of funds to cover expenses in the United States, evidence of compelling social and economic ties abroad, and that he/she has residence outside the U.S. and has other binding ties that will ensure the individual leaves US at the end of the visit period.

The B-1 visa holders must leave United States before the specified date. If they stay beyond the specific period they will be said to be out of status. If the applicants wish to stay beyond the specified period they must request the USCIS (United States Citizenship and Immigration Services) to extend their stay.

Applicants for B-1 visa must provide all the required supporting documents.

- If the applicant applies for the business visa sponsored by employer then a letter from employer requesting the Visa for the applicant addressed to consulate must be submitted. This letter must indicate the purpose and length of the trip and that the company intends to bear the costs of the entire trip.
- Must submit all documents about company's financial position with financial records, sources of funds, tax papers and any advertisement brochures / press coverage about the company.
- If the applicant is intending to attend any business or professional seminar or conference he/she must have the event registration proof, a letter of invitation, brochure of event or any printout having reference to this event.

The Only Way To Destroy The Immigration Agency Fraud

By Sofia Anastasiou
In this article, I will talk specifically for those immigration ''advisers and agents'' that offer visa services for Canada. Not that there are no other ''agents and advisers'' offering visa services for other countries, but due to the fact that Canada is the most attractive country for the immigrants right now, and thus there are the most of them.

Have you ever been outside a Canadian embassy or consulate in any Asian country? If you have, I am sure you still have the picture in your mind. If you have not, I will describe you the picture.

There are thousands of people that are trying to get inside to submit their visa application or just to ask any question regarding their immigration process. With one word ''CHAOS''. And that's not it, there are also another one thousand that pretend to be immigration agents or advisers and as soon as they see somebody discouraged to leave from there, they chase him and offer their services and promise sure visa.

This is the situation in most of the Asian and African countries with just few exceptions.

Now, what happens from the moment they catch a ''fish''. In most of the cases, they charge the people few hundred dollars for service fees. They tell the prospective immigrant that the whole procedure will be undertaken by the agency and very soon the visa will be issued. Unfortunately the prospective immigrants are so discouraged and due to the mentality they have, they are ready to pay anything just to get someone do the procedure for them.

There is no authority or if there is, they are so corrupted that even if a victim reports this, at the end of the day the one that will be penalized is the victim itself. I am writing all this because I have seen the situation with my eyes and also have some friends that are victim. So something should be done.

In order to find a solution for this problem we have to find the cause. The main cause is the money, and the only way to destroy those agencies is by implementing one of the two options bellow.

Solution 1.
If the prospective immigrants had enough money to hire a qualified and experienced legal adviser or lawyer this shouldn't happen to them and most probably their dream would become reality. However the cost of hiring such an adviser or lawyer is few thousand dollars if not more.

Solution 2.
Give the prospective immigrants the full information about the procedure of applying, with all the immigration classes described completely, also offer them the complete application sets, access to job search database and step by step video tutorial, and let them complete the procedure alone.

Canada Immigrant Investor Program

By Amir Madadi
Canada Immigrant Investor Program has been established by the Government of Canada in 1986 to attract experienced business people who are able to invest CAD $400,000 into Canada's economy over a 5-year period for whom interested to settle in Canada except the province of Quebec. Currently CIC has temporary stopped accepting applications for this program until the new amendments come into force most probably mid November 2010.

The new proposed amendment will require applicants to show a minimum net worth of CAN $1,600,000 (increased from $800,000) and a five year investment of CAN $800,000 (increased from $400,000). Also, it requires at lease two years of business management experience. In return, the approved applicant will obtain permanent resident status upon arrival in Canada and can live, work, study, and conduct business in Canada and also entering and leaving Canada freely and of course applying for Canadian citizenship after minimum three years after landing in Canada.

Also, for those whom wants migrate to Canada and live in Quebec province, they have to apply through Quebec Immigrant Investor Program; the program have slightly different requirements. You still need to have at least two years management experience plus invest $400,000 (which may increase later November) and provide documents proofing net worth of $800,000 (which the same as Federal Immigrant Investor Program will increase to $1,600,000).

How Can Immigration Solicitors Help Me?

By Mason Linger
Moving to the UK or abroad is one of the most difficult and potentially life-changing decisions you can make. While the end result of starting a new life is a truly wonderful feeling, the process of getting to that stage can be long and stressful - especially if you fail to plan things in the right way.

Indeed, immigration law is extremely complicated and this is why immigration solicitors are so important. Whether you're a business owner looking to employ staff from overseas, a professional looking to further yourself overseas or a student wishing to study abroad, getting the right legal advice is crucial and could save you a lot of unnecessary trouble.

An immigration solicitor, as the title suggests, is someone who has a highly specialised knowledge of the ins and outs of immigration law. They can assist with a range of immigration-related issues, including visa applications, examining legal requirements and eligibility, and advice on obtaining the right documentation to make the whole process as simple as possible.

Solicitors who specialise in immigration issues are highly trained and always strive work to the highest levels of professionalism. When you turn to an immigration solicitor for assistance, you can be sure that they will have up-to-date knowledge of immigration procedures and upcoming changes to the law which might affect your individual case.

A good immigration solicitor will work closely with you to assess your individual objectives, providing an honest and objective view of your case. They will explain the law to you in a clear, concise and easy to understand manner, to ensure that you fully understand every step of the immigration process.

The field of immigration law can be rather daunting for an outsider with little knowledge of the process. Hopefully with the help of this overview, you will have gained a better understanding of what an immigration solicitor does, which in turn will help you to make an informed choice if you ever need to call on their services in the future.

Nonimmigrant Visas for Marriage

By James Witherspoon
If you are a U.S. citizen who falls in love with a foreign national, it can be very important for you to bring your spouse or fiance/fiancee to the United States to be united or married. There are special nonimmigrant visas available from the U.S. Citizenship and Immigration Services, or USCIS, that can be used to bring your significant other to the U.S.

First, if you have a foreign fiance or fiancee, you can apply on behalf of your significant other for a K-1 visa. However, there are several requirements that you must meet when applying for a K-1. You must be a U.S. citizen, and both you and your future spouse must be legally free to marry. That means all previous marriages must be legally annulled, divorced, or have ended in death.

Next, you and your future spouse must plan to marry within 90 days of your fiance/fiancee's arrival to the U.S. Lastly, you must have seen each other at least once in the previous 2 years unless you meet a special exemption status. After it is approved, your betrothed can come to the U.S. so that you can get married.

If you have a foreign spouse, a K-3 visa allows that person to come to the U.S. to be with you while he or she applies for permanent residency. Again, the petitioner must be a U.S. citizen. If your marriage occurred outside of the United States, you must apply for the K-3 visa from the U.S. consulate in the same nation where your marriage occurred.

After 2 years, K-1 and K-3 visa holders must apply for a change in status to become legal immigrants, permanent residents, or other such members of the United States. Additionally, they can apply for work and travel visas through USCIS as well.

How to Get a US Visitor Visa

By Paul C Anderson
People from abroad who wish to enter United States, must obtain American Visitor Visa which is placed in the passport of the individual. A visa does not guarantee entry into the United States. Instead it determines the eligibility of the individual to seek entry in to the United States. Department of Homeland Security (DHS), Customs and Border Protection (CBP) will then decide whether the individuals with the US Visas will be allowed to enter US or not.

There are two types of visitor visas which are classified into Immigrant Visa and Non-immigrant visa. Immigrant visas are used by people who wish to travel to live permanently in US. Non-immigrant visas are issued for people who wish to travel to US on a temporary basis (business or pleasure)

US Visitors:

The US Visitors who wish to enter US on a temporary stay need non - immigrant visas for business, pleasure or medical treatment. Every year US Visitor Visa comprises a large portion of temporary travelers to US.

If an individual seeks to enter US for business activities such as conferences, meetings, consultations and negotiating contracts then he/ she may apply for a B1 visa. Or if the individual seeks to enter US for pleasure activities such as visiting friends/relatives, tourism, recreational activities or medical treatment, then it is appropriate to apply for a B2 visa. Based on the purpose of the travel and on submission of the supporting documents, the consular office will decide the type of visa for the individual.

Requirements:

There are specific requirements that are needed by the individual to qualify for the American Visitor Visa. The individual must prove that the purpose of the trip to US is for business, pleasure or for medical treatment and that he/she plans to remain in the US for a specific period only. Also the individual must provide evidence of funds to cover expenses in the United States, evidence of compelling social and economic ties abroad, and that he/she has residence outside the U.S. and has other binding ties that will ensure the individual leaves US at the end of the visit period.

Application Process:

An individual should generally apply for American Visitor Visa at the U.S. Embassy or Consulate at their country. As there are many reviews after applying US visas, it is important to apply well in advance of the travel departure date.

First step in the visitor visa application process is the interview, where the fingerprint scan will also be taken. Interview is necessary for individuals who applied for US Visas from age 14 through 79, with few exceptions. Those individuals aged 13 and younger and aged 80 and older do not require an interview, unless they are specifically requested by embassy or consulate. Visa wait times for interview appointments and visa processing time information will vary depending on each US Embassy or consulate. Then the individual must pay the required fee and submit the supporting documents

Once American Visitor Visa has been approved, the Customs and Border Protection (CBP) will then decide whether the he/she will be allowed to enter US and also the length of the stay in the Form I 94 (Arrival Departure Record)

Use Your Eb5 Investment Visa on the West Coast

By Lisa Goldberg
If you would like to enter the United States within a year, you may be considering the eb5 investment visa. In particular, you might be thinking about investing in a regional center rather than opening a brand new business in this country. If so, know that one of the states with the most regional centers to choose from is California, home of the California Military Base, or CMB. This takes up several former military bases, and could be the perfect project for you to invest in.

This project takes care of the eb5 investment visa requirements for you. For example, if you join this project, you do not have to hire ten employees, as those in charge of the project will do so. You simply have to be approved for the eb5 visa, and invest your $500,000 at this regional center. You do not even have to live in the area or the state if you do not want to, though many immigrants choose to stay here due to the various things to do.

Once you apply for this project, your money will be placed in an escrow account until you are approved. If you are not approved for some reason, you will get your funds back quickly, which means that you have nothing to lose. Additionally, CMB tries to ensure that its investors get some return on their investment, which is perfect for those immigrants who wish to retire once they arrive in the United States. In many cases, you could live off the return on investment from the project that you select, so make sure that the one you choose seems likely to make a profit.

The USCIS has approved CMB, so those in charge of the project are aware of the requirements to keep you in the U.S., and strive to help you fulfill your side of the deal. This means that they ensure that at least ten employees get hired by them once you invest, and they also keep you aware of the status of the project. Even if you decide to live elsewhere and not take part in daily operations, you will be kept apprised of the situation so that you know what is going on with your investment. Clearly, this location is a good choice when it comes to using your eb5 investment visa.

Is the EB-5 Immigrant Investor Visa Your Best Chance of Obtaining Permanent

Residency in the USA?
By Andrew Bartlett and Steve Parnell
The EB-5 visa provides green cards for an increasing number of families seeking permanent residency in the USA. The visa requires an investment of $500,000 in one of over one hundred regional centers authorized to offer qualifying programs in specific targeted employment areas.

The visa has proved particularly popular with aspiring immigrants from many countries throughout the world, as well as families already in the USA on a variety of inappropriate visas including the E2, H1B, L1, F1 etc who subsequently faced problems with visa renewal or indeed deportation.

When carrying out due diligence on the various EB5 programs, some families have often found it difficult to obtain the impartial information necessary to make a knowledgeable decision. All too often those seeking due diligence have discovered that attorneys and consultants may be working closely with a particular center or have actually visited few or indeed no programs and have very little in-depth impartial, practical knowledge.

Many potential applicants have three specific requirements they need to satisfy prior to investing in a program: -

* Will my application be successful?
* Will the necessary 10 per investor jobs be created so conditions will be removed from the green card after two years?
* Will I get my $500,000 back and if so when?

The regional center programs typically fall into three main types,

* Equity based - often in property such as hotels, offices, hospitals etc
* Loan based - ranging from quasi government infrastructure projects to new developments.
* Investment based in a variety of sources.

Those researching the EB-5 visa programs have discovered a number of issues that may have far-reaching implications and require caution. There is a need to be cautious of claims made by a number of the regional centers.

* Some regional center may be strong on selling but may not necessarily offer the most appropriate program for those wishing to see the return of all their $500,000 investment in a timely period.
* Some centers emphasis points which fail to tell the full true story, such as: They are government operated. They obtain visas quicker.
* A very small number of centers have experienced losses on the investment, face dispute, face closure by USCIS or have adverse trade or local press coverage which you need to be aware of.
* Some centers work closely with consultants and attorneys who act more in the capacity of agents rather than advocates of independent advice.
* Some centers work with commission earning agents in Asia whose clients may not speak English or be fully conversant of what they have entered into.

These points were highlighted at a recent series of overseas seminars attended by a panel of EB5 experts, including people who had successfully obtained permanent residency in the USA and are therefore in a good position to talk about their experiences.

The EB-5 pilot program, which is due to end in 2012, has now been operating long enough for investors in some programs to have had all or part of their investment refunded and indeed some of the earlier investors have decided to become US citizens.

It is important if considering this specialist visa route to obtain advice from experienced experts who have visited many centers such as CMB, Jay Peak, American Life, New York, South Dakota, California Agriculture, Lake Buena Vista etc and are aware of the strengths and weaknesses of these regional center projects.

Different Student Visas to the US

By Samuel Beckett
The immigration law allows foreign nationals to study in the United States. These foreign nationals must attend a school in the United States that has been approved by the USCIS for such attendance. These schools must be approved by USCIS to enroll foreign nationals. The foreign national (student) from abroad who wishes to enter United States for the purpose of education must obtain a student visa which will be placed in the passport of the individual. The student visas are classified into two types.

F student visa (Academic Course)
M student visa (Non-academic or vocational course)

The F visa is classified into F1 and F2 visas. F1 visas are used by non-immigrant students for Academic and Language training Courses. The F2 visas are used by the dependents of F1 visa holders. Spouse and unmarried, minor children are said to be the dependents of the F1 visa holder. The M visa is classified into M1 and M2 visas. M1 visa is used by a person who wishes to do non-academic or vocational course. The M2 visas are given to the dependents (spouse and unmarried, minor children) of the M1 visa holder. The F2 and M2 dependents must meet all the eligibility requirements and must provide evidence that they will be able to support themselves financially and will leave United States once the student's course concludes.

General eligibility requirements for a US student visa

The Immigration and National Act is specific about the requirements that must be met by the applicants in order to qualify for the student visa. It is the decision of the consular officer whether the applicants will be approved the student visas or not. Additionally, all the applicants are required to meet the eligibility requirements such as:

- The applicant must have a residence abroad with no intention of abandoning the residence.
- Must intend to leave United States when the course concludes.
- Also must possess valid funds to complete the proposed course of study.

In addition to the basic eligibility requirements the applicant must provide the following to obtain the student visas:

- Submit Form I-20A-B (Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students) or Form I-20M-N (Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students).
- Submit a SEVIS generated Form, I-20, which was at the applicant's school. The applicant and the school official must sign the I-20 form.
- Must have a valid passport to travel to the United States.
- Must provide transcripts and diplomas from previous institutions attended, and
- A financial statement to prove that the applicant will be supported financially for the stay in United States, course and living expenses during the period of stay.

How to Re-Enter the UK Legally After a 10 Year Ban

By Sola Obajuluwa
Recipients of an immigration decision within the United Kingdom are subject to usually two response, either a grant of a form of leave to remain in the United Kingdom following a successful application or alternatively a refusal of an application refusing leave to enter or remain or variation of leave and more severely the imposition of a ban on entry into the United Kingdom where a breach of immigration conditions, fraud or deception is alleged to be the main basis of grounds for refusal. The main types of ban can attract a 5 or 10 year ban on entry into the United Kingdom which for previous applicants, potential applicants and in some cases persons subjected to deportation from the United Kingdom poses an almost insurmountable problem.

The statement of changes to the Immigration rules is defined at HC 321 found at and which amends the general grounds for refusal of an immigration application
In practice the rule stipulates

* Mandatory refusal of an application where false representations have made or false documents used, whether or not material to the application and whether or not the applicant knew of the falsehood.
* Re-entry bans for those who have overstayed breached their conditions of leave (e.g. a student working over 20 hours a week in term time).

Individuals who leave the UK within 28 days of having received a negative decision at their own expense will escape the ban.

The question poses the question of how an individual can re-enter the United Kingdom legally after the imposition of a 10 year ban and whether such an individual can successfully re-enter the UK after having challenged the imposition of the ban and before the expiry of the 10 year period.

The starting point addresses a significant reduction in the imposition of a 10 year ban to 1 year by which over stayers making a voluntary departure at their own expense face a 1 year ban, during which any application for entry clearance will be refused, rising to 5 years if the departure was at the expense of the State. It is perceived that leniency is to be applied where culprits appear to cooperate with the Immigration authorities after a ban has been imposed and such persons would be entitled to re-enter the UK legally.

The second point and perhaps more significant is the application of human rights law and particular the articles of the European Convention on Human Rights whereby an individual having been faced with deportation due to fraud or deception can assert and rely on their rights under the terms of the convention.

Is the Diversity Lottery an Easy Way to Get a Green Card?

By Samuel Beckett
The diversity lottery is the easiest way to get a green card. Other processes are cumbersome and time consuming. Not so with the green card lottery (or the diversity lottery as it is popularly known). Though a lot would depend on your luck, the green card lottery is the most sought after method in obtaining a card.

It is estimated more than 1.5 million (approximately) people across the globe participate in the lottery every year though the cut off visa limit is only 50,000 every fiscal year.

Let us know see why the diversity lottery is considered an easy way to obtain a card.

Consider this.

There are also other avenues through which a person can obtain a green card. Some of them are:

1. Through marriage to a US Citizen.
2. Investing huge sums in the US
3. Through asylum
4. Refugee
5. Adoption
6. Through Parents.

In all the above cases as an applicant you will forced through myriads of conditions, rules and regulations. You would need to prove your case without an iota of doubt to the USCIS to obtain a green card. Not so with the green card lottery program. Here it is just a question of your luck.

If you are one of those lucky winners you can fulfill your dream of obtaining a green card and living in your land of dreams. The process defined for the lottery is also not that cumbersome.

The underlying condition is that you should be born in an eligible country and have a minimum educational qualification, unlike other types of visas were the conditions are unimaginable. If you fulfill these conditions then you may apply for the lottery. Here you are also provided with an option. If you are not born in an eligible country you may still qualify through your parents or spouse.

Assuming you qualify, the next step would be for you to prepare the application. Here you need to note that preparing the application is quite easy when compared to other immigration forms. The questions asked in the application are straight forward and easy to answer. In the application you also need to list details of your spouse and children who are below the age of 18 years. Once you have completed your application you need to upload your photos and submit it for the draw.

The KCC (Kentucky Consular Center) which conducts the draw every year will do the same for your application. If you are one of those lucky winners, you will be notified by mail. You will then need to appear at the local US consulate for a preliminary interview. On completing the interview you will be granted a visa which will allow you to move to the USA. There you will be issued your green card. The process is as simple as that.

I 864 Affidavit Of Support - Who Should File?

By Anna Chris
I 864 Affidavit of Support is an authenticated document which is declared and verified by the executant. The family based immigrants and the employment based immigrants planning to move into the US require this form to declare that there is enough means of support. In other words, it is a legal binding contract between the sponsor, the immigrant and the federal and the state governments.

Affidavit of support:

If you wish to bring your relative to the US and support him financially, you become a sponsor for the relative. Form I 864 affidavit of support is completed by the petitioner or sponsor to accept the responsibility of financially supporting him/her. The following intending visa applicants require the affidavit of support signed by the petitioner:

Most of the family based immigrants
Some of the employment based immigrants who are petitioned by a business or a relative, in which the relative has a greater ownership interest.

All the immediate relatives of the US citizens and orphans require the form I 864 under one of the family based preferences.

The form I 864 affidavit of support is completed by a sponsor. The sponsor basically should be at least 18 years of age, be a US citizen or a permanent resident and specifically should have a domicile in the US. Though the sponsor or petitioner is temporarily residing abroad due to family and work reasons, he can be a sponsor subject to certain conditions - has intended to maintain the residence in the US and has proof that he/she has continuous ties with the US. When the primary sponsor is not able to meet the income requirements, a joint sponsor can file form I 864 affidavit of support for all the family members if required.

If you are US citizen, you can file form I 864 for the following members:

spouse
unmarried children under and over 21 years of age
married children of any age
siblings and parents if you are at least 21 years of age

If you are a Legal Permanent resident or green card holder, you can petition for your:

spouse
children (son or daughter) of any age

Apart from the above, you must meet the income requirements. You income must not be less than 125 percent of the US poverty guideline for your household size, which includes your dependents, the relatives and the immigrant you are sponsoring. If you are sponsor and are on active duty in the armed forces, your income level can be 100 percent of the US poverty level. In case you are not able to meet the income requirements, you can add the cash value of your assets such as bonds, property, savings, etc.

After gathering the necessary information, you can file the form I 864 affidavit of support with required supporting documents. The sponsor should submit the federal income tax return for the three years and proof of the current employment as well. Once the application is complete, it has to be signed and this packet of information is provided to the relative to file with the his/her application for permanent residence. In case you are instructed to file with the NVC you can go ahead. As I 864 form seems to be complex utmost care is taken while completing the form.

What Meg Whitman's Housekeeper Controversy Tells Us About Real Immigration Issues

By Pamela Hartman
All of the contradictions and complexities of our nation's immigration policy are being publicly exposed in the current contretemps between California gubernatorial candidate Meg Whitman and her former housekeeper, who voluntarily exposed herself this week as an illegal immigrant.

Opponents of immigration - including Whitman - tend to speak about immigration enforcement in shrill, impersonal terms: Take Whitman's promise to be "tough as nails" on immigration policy. But in Whitman's case as in others, the rhetoric and the reality are far apart.

Scratch the surface of any immigration controversy and you find the complex lives of people: immigrants who form relationships with their employers, their spouses and children, immigrants who are part of communities, who cannot be expunged from our lives with the wave of the Border Patrol's wand.

"I was not going to make an example of Nicky," Whitman said in explaining her reluctance to hasten the deportation of her former housekeeper by calling the authorities. The housekeeper, she said, was part of her "extended family."

That is where the true difficulty in enforcing immigration policy lies: how do you separate families and communities in an effort to cleanse the country of illegal immigrants? In my opinion, the answer is you can't. The price of getting rid of illegal immigrants is too high, not just on their lives, but on their families and communities.

Immigration opponents are already calling Whitman a hypocrite. I agree that she is hypocritical for supporting a crackdown on illegal immigrant employers while trying to hide her own, perhaps inadvertent, employment of one. But to me the actions of her and her husband in trying to avoid the potential immigration pitfalls of her housekeeper, even when they may have suspected something was wrong, are not hypocritical. They are human.

It is easy to be anti-immigrant in the abstract. It is much harder when that immigrant is your friend, your spouse, when it is the gardener, the butcher, the housekeeper, the caregiver that you rely on. This imbroglio, for all its political implications reveals the messiness of human relations that is at the heart of any discussion of immigration.

US Tourist Visas for LGBT Couples

By Ben Hart
An infrequently discussed topic in Immigration circles revolves around the legal discrimination's and restrictions imposed upon Lesbian, Gay, Bisexual, and Transgender bi-national couples in the context of United States Immigration. This article is intended to briefly explore the issue of US visas for LGBT loved ones of American Citizens and Lawful Permanent Residents.

Traditional, or "different-sex," couples may have difficulty obtaining American B2 tourist visas pursuant to the language of section 214(b) of the US Immigration and Nationality Act. This statute compels the Consular Officer adjudicating a visa application to assume that the applicant is intending to immigrate to the United States unless he or she can show evidence to overcome this assumption. The analysis used when examining a different-sex girlfriend or boyfriend of an American Citizen or Lawful Permanent Resident may not be utilized when examining a same sex partner of an American Citizen or Lawful Permanent Resident notwithstanding the provisions of section 214(b) since the Defense of Marriage Act (DOMA) virtually forces the United States Federal government and its personnel to not recognize same sex unions.

This legal ignorance of same sex relationships would mitigate in favor of a same sex couples applying for a US tourist visa as compared to a different-sex couple since the adjudicating officer can take notice of the fact that such a couple could not use a tourist visa as a circumvention to obtain an adjustment of status in the United States since the United States Citizenship and Immigration Service (USCIS) cannot grant adjustments of status to same sex couples notwithstanding a lawful marriage in a US State which recognizes such unions pursuant to the provisions of the Defense of Marriage Act.

Thus, tourist visa applications for same sex couples may have a comparative advantage over different-sex couple as a result of the fact that different sex couples may legally be married in all of the United States and territories and petition for Immigration benefits based upon that lawful relationship. In the case of US fiance visas the Immigration benefit may be granted based upon an intended union to be solemnized or legalized with 90 days of a foreign fiance's admission to the United States of America.

Until the Defense of Marriage Act is either repealed by Congress, which could be possible in the event of Comprehensive Immigration Reform, or by the United States Courts, which might happen in one of two cases currently pending before US Appellate Courts, same sex couples could continue to maintain a relative advantage to their different sex counterparts in the American tourist visa application process.

Why I Used a New Zealand Immigration Adviser to Help Me Get PR

By Sean M Collins
When I was 19 I decided I wanted to study overseas, my parents took me to an agent so that we could get a good idea as to what each country offered and where I should study, what programme I should study and what university I should attend.

This was my first time so far away from my parents' and we did not have any real idea about the world outside Vietnam other than what is in the movies. I remember that the lady at the agency just listened to my desires and concerns and those of my parents. She pointed New Zealand straight away; she said this was the best country for me because it was safe, the qualification was internationally recognised, it is green, unpolluted and has nice weather ( in terms of not too cold in winter and not too hot in summer) similar to the North of Vietnam and plateau region in South of Vietnam. Her suggestion and opinions eased my Mum's worries, especially, when it came to safety, security and the environment.

I came to NZ just before I turned 20 years old; an international student who did not speak one proper English sentence.

As planned, I finished a 6 months English course at Academic Colleges Group and 1 year Auckland University Foundation Study Programme before I entered the university. I also completed a 1 year Diploma in computing level 5 before actually enrolling in the Bachelor of Science in Medicinal Chemistry at the University of Auckland. After all the hard work, here I am, graduating from the leading university in New Zealand with a good degree, getting a job in a world class pharmaceutical company and recently received my Permanent Residency (PR).

My biggest concern after graduating:

My biggest concern of after graduation was the same as many of you; finding a job and getting PR.

I had been in that situation before so I fully understood how stressful it can be. Even though I have studied in New Zealand for several years, I did not have a good understanding of New Zealand in terms of the recruitment process and communication.

Looking back I had developed a "know it all" attitude as so many international students do. This is because we tend to stay within our community, listen to the same information and rumours, and begin to judge things before we have all the information. I found the stories I kept hearing were:

Its hard for international students to get a job because the companies are afraid of dealing with immigration, or International always get rejected right from the time they submit the job applications

So many people said this I began to think it was true before even applying for my first job.

Why did I use an immigration advisor:

After finishing my degree I reviewed my options; I could return home, try to handle my immigration on my own or use an immigration company. I realised there was more opportunity for me in New Zealand and wanted to stay but was really concerned with how to achieve my goals. I decided to meet with an immigration company to see what they had to offer.

I met with an immigration adviser, he read my CV and discussed my situation with me. He was very enthusiastic and outlined a clear path I could follow to residence. I really felt like he would work with me to achieve my goals, this gave me the confidence I needed.

Not all good news

The adviser told me that many new graduates are unsuccessful in obtaining the right kind of job. This is usually because they don't take the time to produce the right CV, research the market place or prepare for the interview.

He encouraged me to produce a New Zealand CV and send it out to New Zealand companies. With the help and guidance of the team at a local immigration company I received two interested responses. The adviser helped prepare me for the interview by running through some practice interviews and advised me to research the company (something I had never thought to do). This really bought home how different the interview process was to my idea.

With all my preparation I was confident I could convince them I was the best candidate for the job. In the end I beat more than two hundred candidates and got a job offer. I am certain the guidance and support I received really helped me.

I have studied at the best university in New Zealand and wanted to practice what I had learnt in this beautiful country. My experience and qualification has placed me on an exciting career path, one I am really enjoying and where lots of opportunity exists.

Where am I now:

Within 5 and a half months of starting work I have my PR. I have to say I found using an immigration advisor essential, they knew the market place, offered me a range of advice on everything from producing a CV, interview technique to how best to present myself to immigration. They knew and advised me on every aspect of my application, dealt with all Immigration New Zealand's enquiries and put my employer at ease.

Believe me using an Immigration Advisor really reduces your stress.

I now have more opportunities than ever. I have the chance to return to university to study a Masters, continue working in my field or do something new and different. I love New Zealand, my life here and the opportunities this great country has given me.

Immigrate To Canada - What Is the Quickest Way?

By Sofia Anastasiou
The only way to speed the processing time for your Canada Immigration Visa application is to have a job offer in your hands. This job offer must be from a Canadian Employer and it will reduce the processing time of the application for permanent residence and your entry to Canada will be considerably faster if you get the visa. Once you have the job offer from your potential employer you have three options to follow.

1. Work Permit

Work Permits are only issued for employment that is temporary. In some cases your work permit may be extended from inside Canada. This is the fastest way and in some cases you can be in Canada within weeks after you apply. In order however to get the offer job, the Canadian employer have to demonstrate that efforts were made to hire Canadian residents for the job position without any success before he is eligible to issue a job offer for that position to you.

2. Arranged Employment

It is based on a permanent job offer for unspecified length and you are not allowed to travel before you receive your Canadian permanent resident visa. In this case the employer does not have to demonstrate that Canadian residents were not found for the position he issues a job offer There is a priority processing at all Canadian visa offices of your Canadian permanent residence application (processing time is usually less than 1 year) You also get up to 15 points under the Federal Skilled Worker Category of Canadian Immigration.

3. Provincial Nomination

Provincial nomination is similar to the previous two options. Most Canadian Provinces offer nomination programs that lead to Canadian permanent resident visa. Most often it involves a permanent job offer of unspecified length from an employer in a particular Province. Once you get the Provincial nomination certificate usually you get immediately a work permit to travel to Canada and start work even before the Canadian permanent resident visa is issued. Your application for permanent residence in Canada will receive priority processing and you will usually receive the visa in less than 1 year. Even if your occupation is not considered ''high skilled'' you can still qualify for provincial nomination. In this case again the potential employer have to demonstrate efforts were made to hire Canadian residents for the job position offered to you, without any success.

As you can see those are the only methods that can speed up your application processing time. The first one is the fastest and the other two are relatively the same.

If you need more details and want to start the procedure of finding job immediately, visit our website and be the next successful immigrant to Canada

Immigration Attorney: Providing Efficient Solutions For Various Immigration Issues

By Billy Squarrow
US Immigration law is a highly specialized area that has many subspecialties integrated in it. Hence, it is very complex and constantly changing, which in turn demands the expertise of an immigration attorney to appropriately relay information to a lay person. And because immigration laws can be very complicated, even a seemingly simple case can suddenly turn into a nightmare. Hence, an immigration lawyer could make a big difference in one's immigration case; between obtaining a green card and being forced to leave the American soil.

To simply put it, an immigration lawyer deals with foreign nationals who have the intent to enter temporarily or permanently on US grounds. This specialist attorney assists people in properly understanding their legal rights, duties and obligations to the United States. They deal with people who wish to immigrate in the said host country whether alone or together with their families, assist businesses in moving internationally, help students and workers obtain their visas, aid in the application process and procedures in neutralizing foreigners who have the intent to become US citizens, political asylum applications as well as attend to the legal woes of refugees and illegal immigrants. An immigration attorney is highly skilled in navigating the complicated bureaucracy relative to immigration.

If you are a would-be immigrant, it would be more preferable to see an immigration lawyer first before you proceed with your plans to appropriately discuss your move or trip to make it more efficient and pleasant for you, or if you have come across some issues with your stay in the country, the more it becomes important to employ the services of an immigration attorney to help explain your case to immigration authorities. Say for instance you are in Los Angeles; a good and experienced immigration attorney in Los Angeles will effectively guide you through the entirety of the process and would provide you sound advices on how you could surpass impending hurdles. This is because an immigration attorney is updated about the relevant procedural knowledge that applies to your case. Nevertheless, he or she could also handle these issues properly and provide you concise explanations about what you need to do.

Of course, finding a good lawyer, whether an immigration attorney in Los Angeles or some place else, requires a fair amount of work on your part. With the high stakes involved in immigration cases, you have to make sure that you hire the best person to help you with your case. Whatever you do, don't just rely on your telephone book or newspaper and immediately settle for the immigration lawyer that has the biggest and most colorful advertisement on the page. Sometimes even bar association referral panels may not actually help you at all because they often assume that all of their immigration lawyers are qualified for your case, and chances are, they might refer you to an attorney without any pre-screening.

The most ideal thing to do is to ask a trusted person for a recommendation or referral. Perhaps you know somebody who had successfully undergone an immigration process and has employed the services of an immigration attorney in Los Angeles, and this person could recommend his or her lawyer to you, or ask that lawyer to refer you to another attorney. You could also locate local non-profit organizations within your area that are helping immigrants and ask for their referrals. Since these organizations are in place to serve others and are handled by people who are willing to help, they would charge very little and they could point you to the right people.

If you would be using the internet to look for an immigration lawyer, you may want to try participating in forums for other people to provide you some feedback concerning this issue, or you could directly contact the American Immigration Lawyers Association (AFLA) since they offer attorney referral services. Their membership is only limited to lawyers who were able to pass intensive screening process, assuring future clients that there are no sleazy practitioners in their circle. Once you are able to have a list of lawyers whom you've heard provide good legal services, as much as possible meet and talk to each one of them to properly assess their qualification and make comparisons. From there, choose the one that you're comfortable working with since you would be sharing some confidential issues with him or her and whom you could easily reach during the months that your application is making its way through the citizenship and immigration services or consular bureaucracy.

Can I Get a US Tourist Visa for My Foreign Girlfriend Or Boyfriend?

By Ben Hart
This article is meant to cast light on the American tourist visa application process for the girlfriend or boyfriend of a United States Citizen.

Many American Citizens are not cognizant of the fact that American Consuls have wide latitude in matters pertaining to the adjudication of US non-immigrant visa applications submitted throughout the world at American Missions abroad. Bearing that in mind, each year many American Citizens, both male and female, travel to countries outside of the USA and meet someone truly special. In circumstances such as this many wonder: How can I get a visa for my foreign girlfriend (or boyfriend) to come to the United States? The answer to this question is really not as simple as it may initially seem.

Pursuant to Section 214(b) of the United States Immigration and Nationality Act a Consular Officer at an American Institute, United States Embassy, or United States Consulate-General is required to make a presumption that a non-immigrant visa applicant is actually an intending immigrant unless they can prove otherwise. This, in turn, leads to a factual analysis by the Consular Officer. The Consular Officer must believe that the applicant has comparatively "strong ties" to their home country, or any other country outside of the USA, and comparatively "weak ties" to the United States. In many cases, the mere existence of a US citizen girlfriend (or boyfriend) will mitigate against any "strong ties" abroad and lead to a visa denial under section 214(b). The Consular Officer's denial should not be misconstrued as a personal rejection. Instead, the adjudicating officer is legally compelled to reject a tourist visa application if the applicant cannot overcome the presumption required by section 214(b).

From the perspective of an advocate, overcoming the presumption enshrined by section 214(b) can be virtually impossible in some jurisdictions. This is further exacerbated by the myriad examples from the past of non-immigrant visa abuse culminating in an application for adjustment of status with the United States Citizenship and Immigration Service (USCIS). These statistics, coupled with the legal presumptions imposed by section 214(b) leave many US tourist visa applications hopeless from the outset.

There are many couples who, after getting to know each other come to a genuine conclusion that their relationship should blossom into something permanent; make the decision to apply for American family visa benefits. As opposed to applicants for the non-immigrant visa categories, immigrant visa applicants (or applicants for visas which permit so-called "dual intent") are not subject to Consular adjudication pursuant to section 214(b) of the INA. Thus, those submitting an application for travel documents such as the CR1 visa, the K1 visa, and the IR1 visa do not need to be as concerned with issues arising under section 214(b). That said, any visa application should be based upon bona fide facts and family based visa applications must be based upon bona fide relationships entered into independent of a desire to obtain American visa benefits.

New Zealand Earthquake - Jobs for Skilled British Workers

By Paul Geoff
Life is beginning to get back to normal since the powerful earthquake which struck New Zealand's second biggest city Christchurch in the early hours of Saturday 4 September 2010. The nature disaster caused widespread damage to buildings and the city's infrastructure. The quake registered 7.1 on the Richter magnitude scale has devastated the east coast of the island could provide hundreds of jobs in New Zealand as they begin to rebuild the city.

Many locals are concerned that the clean operation may be hampered by the lack of skilled tradespeople within the city and country. With an estimated 100,000 homes affected by the earthquake, rebuilding the city may take years rather than a few months. If you are bored of your current working environment and would like a change of scenery New Zealand could be the perfect destination for you!

If you are a qualified electrician, carpenters or work in construction you could help New Zealand fill the skill shortage of tradespeople. The immigration office in Christchurch has reopened and they are prioritising applications to help rebuild the devastated areas on the island.

Plumbers, builders and other contractors from Auckland that initial indicated that would go to Christchurch to help rebuild the city but none had actually committed to the clean up process. Politicians believe it is impossible to know if Christchurch would need additional assistants from neighboring cities.

Leading analyst estimate around NSD$ 2 billion has already been spent on rebuilding Christchurch and this tragedy may help the country climb out of the recession which has been the worst for a decade.

Long-Stay Visas in Thailand (Business)

By Phillip Venne
Thailand has attracted foreigners to its shores for decades. They come as tourists, businessmen, students, convention attendees, retirees, or for any number of reasons. Many will look beyond a short stay, and seek out longer-term options. In this article, I want to review those options relating to business stays.

1. Investors wishing to set up a business in Thailand will generally spend some time conducting research before forging ahead with their investment. This effort may take place over a number of visits to Thailand, lasting a couple of weeks each, so the matter of a longer-stay visa does not enter the picture at this preliminary stage.
2. If an investor wants to conduct all of his research in a short period of time, he can do so with a tourist visa, applied for at a Thai Embassy in his home country, and which can be extended within Thailand for an additional period.
3. A slightly longer period of time can be arranged by applying for a single-entry business visa (90 days); or a multiple-entry business visa (valid for one year); the latter will likely involve a "sponsorship" letter issued by a Thai company. This gives the investor an extended period to evaluate the market, make business contacts, evaluate potential options, seek out suppliers, etc.
4. Generally-speaking, when the decision is made to proceed with the new business, the investor should obtain legal advice, set up his company, and proceed with application of his work permit, without which he cannot legally work in Thailand. "Working" in Thailand is defined as serving as an employee of a company (earning a wage or not); or managing one's own company, i.e. serving as its Managing Director.
5. Major investors, prepared to commit over US$ 1.3 Million or more, can apply for a special "Investor Visa", details of which can be obtained from a visa advisor.

I frequently encounter clients wanting to set themselves up as self-employed "consultants" but with the least amount of overhead possible, consistent with Thai law and current regulations. In some cases, they are looking to operate out of their apartments, hire one or two Thai staff if any, and conduct most of the work themselves. This option is difficult to implement, because of the complex rules that govern work permits for foreigners. However, there are ways to "choreograph" the process to achieve the desired goal: you will need to work with an experienced legal advisor to be successful.

US Immigration - Increases by State

By James Witherspoon
America, it has been said, is a nation of immigrants. While this point was originally made over a century ago, it has never been truer than it is today. Immigration continues to shape this nation and the way we perceive ourselves.

However, because the US is broken down into fifty different states, immigration is markedly different throughout the country. Some states - like Maine - have virtually no foreign presence, while others - like California - have a diverse assortment of different peoples and cultures.

In many ways, understanding the influx of foreign-born individuals into this country is the key to understanding the United States as a country. Immigration can have an enormous effect on the character and makeup of a state, and can even define its culture and its future.

Immigration by State

One of the best ways to perceive how population shifts have affected the US and our cultural identity is to compare the changes in immigrant population by state. The following data is collected from the 1990 and 2000 censuses, and describes a percentage change in states' populations of foreign-born individuals. For example, a rate change of 100% means that there are twice as many foreign-born individuals living in the state.

• North Carolina experienced the largest change in immigrant population - an increase of 273.7%.

• The Old South has experienced a rise in immigrant population in general. Georgia saw a 233.4% increase, Tennessee saw a 169.0% increase, Kentucky's grew by 135.3%, and South Carolina's grew by 132.1%.

• The other major growth area is the Southwest. Nevada is #3 on the list, with an increase of 202.0%. Utah (170.8%) and Arizona (135.9%) also made the Top 10.

Experienced Immigration Attorney - Why Using One Is Worth It

By Jonathan A Reingold
There are a lot of people out there- including many lawyers- who believe that if you can fill out a form then you can do whatever you need to do when it comes to immigration law. This is simply not true. Now, I am a Seattle immigration attorney. I also practice in other areas of the law, but immigration was and is my first love, when it comes to law. Immigrants are the backbone of our economy. They are holding us up from the bottom by doing essential jobs that many Americans feel are beneath them and they are driving us forward by bringing fresh ideas and different ways of thinking, which is what spurs innovation and growth.

Here's what I tell my skeptical colleagues: in some ways, immigration law is a lot like tax law. Not everyone needs an accountant, or a tax lawyer for that matter. For some people, all they do is fill out a Form 1040. If you are an employee and get a W-2 your tax return is not that complicated. You may or may not want to use an accountant. But this isn't always the case. In fact, for many people, their tax filings are more complex.

It's similar with immigration law. Sometimes the matter just isn't that complicated and it may only require a simple filling out of forms and following instructions. Examples of this might be renewing your green card, or even naturalizing as a U.S. citizen. But when it comes to applying for many visas, whether for employment, or to bring a spouse or fianc to the U.S., or you are trying to adjust your status, or you are seeking asylum, to name just a few examples, an experienced immigration attorney can be more than worth the expense.

First, remember, there is an art to filling out forms, especially when each question on the form is specifically related to a federal statute and how you answer it will dictate whether you get the relief you are seeking or not. Second, an experienced immigration lawyer will know the current immigration law and policies, which is crucial, since this is one area of the law that does not stay still and you want to make sure that you are seeking the appropriate relief and completing the right forms correctly. Third, an attorney can help avoid administrative delays, and negotiate on your behalf with the various government agencies that may have control over your matter, such as USCIS, a consulate, DHS, or the State Department.

Now, I said that immigration law was similar to tax law in some respects, but it's different in one very important way (among others). When it comes to tax law there is wiggle room. You can strategize about how to classify income, for example. You may owe a penalty if the IRS disagrees with you. In extreme cases you may even commit tax fraud and end up in jail. When it comes to immigration law, there is very, very little wiggle room. And if you make a mistake, you may be deported. You may even be barred from re-entry into the U.S. Green card holders can be deported if they are convicted of even minor crimes. A refugee who has applied for and received asylum can be found to no longer be eligible for asylum if conditions change in their home country. If you fail to attend a removal hearing, it may be held in your absence and the judge could order your deportation. In other words, mistakes in immigration law can be costly and sometimes, irreparable.

So, if you are contemplating filling out just a "few forms" for an immigration matter, before you file anything, talk to an experienced immigration attorney--it's worth it.

Immigration Testing Is Easy Using DNA

By Carnell A Smith
Immigration testing has become simpler, faster and more accurate thanks to DNA testing. It is relatively easy to determine if the person applying for citizenship based on family ties is related by using a legal immigration test.

It comes down to a simple question, can you prove that you are related to someone who is currently a citizen of that country? It is not uncommon that a parent would come to the United States and work for many years sending money home to take care of the children and family members.

When that person becomes a citizen there are various programs and options to apply for citizenship for your son, daughter, mother and father. It is unreasonable to expect a court, embassy or government agency to merely take your word that "this is my child or this is my parent".

Sometimes, smiling people do not tell the truth about who's related to them. Making false statements about family relations during applications for citizenship could lead to trouble for immigration fraud.

The good news is that Immigration DNA testing can help you prove your family relationship to the government agency, state, court or other party.

The testing used for immigration and may consist of both, legal maternity testing and legal paternity testing. This means that full chain of custody documentation, DNA sample collection by the government or embassy agency, photograph, fingerprinting and other documentation is required.

Generally, immigration cases can take a long time to complete depending on many factors. Some of these factors include shipping supplies, or the waiting list in the country where your children or relatives currently live.

It takes patience and diligence to insure accurate paperwork is completed by the deadlines imposed by the various government agencies and or courts. Pay close attention to the detailed requirements, seek help to verify accurate and complete answers then deliver the official documents "on time, every time".

The reward from successful immigration testing is proving your family relationship and getting the approval to bring a family member to your country. The joy of reuniting a family separated by miles of oceans, political climate or wars is worth the effort.

Since Immigration testing makes it easier and faster to prove who's related to you, shouldn't you get more information and get started now?

Is It Worth Participating in the Diversity Visa Lottery

By Samuel Beckett
A common question in the minds of many individuals who want to live and work in the US is," Is it worth participating in the diversity visa lottery?" It certainly is. Though randomly selected by a computer, it is indeed worth giving it a try since there is no submission fee involved and it serves as a platform to your dream of living and working in the United States.

Immigration through diversity green card lottery:

The diversity visa lottery or Green Card Lottery program, is a great opportunity for immigrants from countries other than the ones who send large number of immigrants to the United States. This program is conducted every year and provides 50,000 permanent residence visas. Applicants should meet simple eligibility requirements. The primary eligibility criteria is that you should be from a qualifying country. The eligibility country will normally be the same as your country of birth and is not related to where you live. Other criteria is that the applicant should have at least a high school education or its equivalent.

If you are from a country from which large number of immigrants move to the US, you become ineligible. If more than 50,000 persons from your country immigrated to the US in the family and employment based visa categories in the last five years, then you will not qualify for this year's DV lottery.

So considering that you are eligible, let's move on to the application process. You should submit only one application. You will be disqualified if you submit more than one application. Whereas, a husband and wife can each submit one application each if both meet the eligibility requirements for the diversity visa lottery program. If you are not from a qualifying country, you can apply if your spouse is from an eligible country. But here, both you and your spouse have to come to the US together if selected. All the children under 21 years of age, listed in the entrant's application can accompany their parents during the US visit. Additionally, you can also qualify through the country of birth of either of your parents as long as neither of your parents was a resident of an ineligible country at the time of your birth.

In the application, you should list details of your spouse and all unmarried children below 21 years of age including all natural children as well as legally-adopted children and stepchildren, even if your child no longer resides with you or even if you do not plan to take this child to the US under the diversity visa lottery program. However, you need not list your child/children who is/are already a U.S. citizen or a Legal Permanent Resident (LPR). Signatures are not needed while filing. But you have to submit all required photographs. You should electronically submit your recent photograph along with the that of your spouse and each unmarried child under 21 years of age.

When Do I Need to Fill Out an Affidavit of Support?

By Paul C Anderson
Immigrants who are applying to obtain a Green Card through a family member must submit an I-864, Affidavit of Support form. The Affidavit of Support form is used to show the USCIS that a Green Card applicant has a financial sponsor and has enough financial support to live without concern of becoming dependant on U.S. government welfare.

Form I-864 is legally required for many family-based and some employment based immigrants to show that, when they plan to immigrate to the US, they have adequate means of support. Generally, the following immigrants need an Affidavit of Support namely:
1) Family based immigrant visa applicants, including certain orphans, and
2) Employment based immigrant visa applicants whose relative filed the visa petition or has at least 5 percent or more ownership interest in the business that filed the petition.

So who qualifies as a sponsor in the I-864, affidavit of support case?

A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor should also have a domicile (residence) in the United States. The petitioner who is residing abroad should have a principal residence in the U.S. and intend to maintain that residence in the future. Lawful permanent resident sponsors should show they are maintaining their permanent resident status.

Many U.S. citizens and permanent residents reside outside the United States on a temporary basis, usually for work or due to family situations. This "Temporary" status will cover an extended period of residence abroad. Certain conditions need to be fulfilled by the sponsor living abroad to be considered domiciled in the United States.

An American citizen or permanent resident spouse or his /her dependent who has maintained a residence in the U.S. and/or whose spouse/parent works would also qualify as a sponsor related to the I-864, Affidavit of Support form.

Often, applicants get confused with the Form I-864 and Form I-134. The I-134 (affidavit of support) is not a legally binding affidavit, it is used for nonimmigrant visas. Until you marry (and subsequently file for Adjustment of status), the non US Citizen fianc(e) will hold a non immigrant visa. This allows them to get into the US before having a legal relationship with the US Citizen fianc(e).

Whereas the I-864 (Affidavit of Support) is a legally binding contract proving that the sponsor will be financially responsible for the immigrant in the event the immigrant attempts to benefit from certain federal aid programs. This form is filed at the Adjustment of Status part of the journey (after the Non US Citizen has traveled to the States and got married). This form is several pages long, demands detailed financial information, and is legally binding.

Although USCIS does not charge a fee for this I-864 form, a $70 fee is charged by the Department of State when the Affidavit of Support form is reviewed domestically. Whereas it does not apply when the Affidavit of Support is filed abroad.

The National Visa Center processes the immigrant visa petitions after the USCIS approves them. A bill will be sent to the petitioner by the National Visa Center asking him/her topay an AoS processing fee when the immigrant visa case is current or about to become current, Instructions on where and how to pay the bill will be sent along with the bill.

Italian Dual Citizenship: How to Request Records From the United States

By Kate Hash
Once you've determined that you qualify for Italian dual citizenship (also called jure sanguinis), it's important to immediately begin the process of requesting records. Depending on which states and countries you are requesting records from, the process can take many months.

Requesting domestic (Untied States) records

The easiest way to begin is to perform a web search with the term "vital records" for each state from which you need to request a record. For example, if you need a record from New York, you should search "New York vital records." It's important to know that vital record responsibilities fall to different departments, agencies and/or courts depending on the state, so don't assume because it's the Department of Health in one state it won't be a county Orphan's Court in another.

Tip: Familiarize yourself with terms like "Orphan's Court," which seem a little odd to our modern eyes, but are extremely common in the court system. These courts often handle estates, wills, trusts and in many cases marriage records.

As you complete this initial research, keep a running list of which offices are responsible for vital records, a reliable contact phone number for each and any additional information that you find. Don't be tempted to immediately order your records online. Quite often, online request systems will only send you a short version of the record and not necessarily the long or certified version that Italy requires.

Once you have contact information for each state, call them one by one. Explain that you are applying for Italian dual citizenship and need the "long form" and "certified" versions of your birth, death or marriage records. Be very clear -- do not let the agency think you are requesting for generic genealogical reasons. Why? Your request will often get put on the bottom of the pile.

Tip: If you are requesting records for people that are still alive, you may not be allowed to receive it (unless, of course, the person is yourself). The same often applies to people recently deceased; a power of attorney may need to request it.

While you have the agency on the phone, ask which department handles the "apostille" process. Often the vital records department can handle that process for you, too. But, just as often, they will tell you that once you receive the certified versions from them that you will need to mail the records off to a different department for the apostille. Finally, ask the person what the typical turnaround time is for records. It was 5-6 business days in one state that I requested records from and 3-5 months in another.

Tips and Tricks

* For your own sanity, keep a spreadsheet that tracks all of your activity related to requesting records. Pay particular attention to when you mail forms (or submit the online versions), when checks are cashed or credit cards charged, and any follow-up communication that you have.
* If you have the funds available, request two of every record. The commune in Italy that your family comes from will keep all of your original documents. So, while having a back-up is just good policy during the process, it will be that back-up document that you file away in your own personal archive.

What Is the Wife Green Card?

By Art Saborio
A lot of people mistake the wife green card as a way for a spouse to enter the U.S.A. The process tied to this particular green card is part of a larger process. For someone get this type of green card, they first need to live within the U.S.A and married.

This process will not work for a couple married outside the U.S.A and not residing in the U.S. To be granted this form of green card the couple needs to an approval from a K1 or K3 visa. Only then can this kind of card be used.

Depending on the kind of Visa used to enter the U.S.A, the spouse is on a conditional or non-conditional green card. Normally a conditional green card goes to someone who has entered the United States of America on a ninety day K1 Visa.

Entering through a K1 or K3 visa does not guarantee a green card. Couples can still be denied. When this happens possible deportation proceedings can start. At this point an attorney versed in deportation and immigration law comes aboard to help the couple move forward.

In most instances the green card process goes smoothly and approved. The process starts with the couple going through an interview with the immigration officer assigned to their case. They may first take the couple in together for questioning and then separate them for further questioning.

Some of the questions asked pertain to the relationship and married life. An officer will ask questions he or she feels the married couple should know.

Some Examples Are:

Where did the couple meet?How often did they see each other before deciding to marry?, Where do they live?, What did they eat for dinner?,

When The Couple Is A Part The Officer May Ask:

What time does the husband get up for work?Where does the husband work?, What kind of breakfast did they eat this morning?, What kind of dinner did they eat last night?,

Then they will ask the same questions to the U.S based spouse. If the answers are close, the papers get a stamp with "Approved". If the officer thinks the answers are not the same, then this could result in a denial or further questioning.

I stress to all my clients, "Remember as much as possible for the interview". Memorize the day-to-day tasks and things that go on in the household. Normal things that married couples do, put those to memory. For example meal plans, work hours, everyday activities, locations etc.

With all the rushing, it is hard to remember everything that has happened. And it is even harder for the foreign spouse to recall past events. This is why it is important to prepare for the interview at least a week ahead of time. This will give the couple adequate time to go into the interview with the proper tools to get the approval.

Special Categories for Green Card Applicants

By David S Caldwell
Many people choose to become a permanent resident of the United States to expand their rights or to remain in the country they have come to know through employment, education, visiting, etc. Because most people come to the U.S. for family and employment reasons, these are two of the three main categories of green card applicants, with the other being applicants for permanent asylum. However, there are other special categories that green card applicants can choose.

No matter if you are applying for a green card through work, family, or other reasons, there are many different requirements that one must meet to become a permanent resident of the United States. For instance, green cards through employment may be based on investment in a U.S. company, a job offer in the U.S., and other reasons for application. This same scrutiny of eligibility applies to special category applicants.

When the U.S. allows people to apply for permanent residency under special categories, these categories are typically highly restrictive with specific requirements. These special categories, and some basic requirements for application, include the following:

* Amerasian child of a U.S. citizen - fathered by a U.S. citizen in Vietnam, Cambodia, Laos, Korea, or Thailand between January 1, 1951 and October 21, 1982
* Armed Forces member - non-U.S. citizens who enlisted in the U.S. Armed Forces and served with distinction for a certain period of time
* Lautenberg parolee - for people to be admitted to the U.S. on a humanitarian basis from Estonia, Latvia, Lithuania, or other former Soviet Union countries
* Afghan/Iraqi translator - a special category of job for those who apply for permanent residency through their work
* Special immigrant juvenile - placed in the custody of a U.S. juvenile court or detention system

There are many more special categories, some involving certain asylum statuses and others regarding heritage, employment, and special family circumstances. It is important that you talk to an immigration attorney to determine the best path for your application for permanent residency.

How to Find a Proven EB-5 Consultant

By Andrew Bartlett and Steve Parnell
The EB-5 immigrant investor visa is an increasingly popular choice for families seeking to obtain permanent residency in the USA without the complications associated with many of the alternative visas. It requires applicants to invest $500,000 in a regional center program of their choice from the hundred or more so far approved for this purpose by the US government.

Choosing a consultant to guide you through the different EB-5 regional center programs can be an important first stage for would-be EB-5 immigrant investors. Unfortunately it is all too easy to make a potentially dangerous and costly mistake and end up with a consultant who is really acting as an agent, motivated by the size of the commission payment received from a regional center, or just as dangerous, one who has very limited experience.

Among the Key points you need to consider when choosing a proven EB5 consultant include -

* Is the consultant truly independent or are they associated with or working for a particular regional center, acting more as an agent of that center, rather than providing impartial and independent advice?
* Do they charge you a fee? In-depth advice is available without costing you a fee.
* Have the Consultants actually visited the proven centers? Visiting means an in-depth look and review of the center not just attending a conducted tour and arranging a photo opportunity. It is vital to you that you are given the whole picture rather than the highlights.
* Are the Consultants doubling up as the Immigration Attorneys who are advising you? If so there may be a conflict of interest and an ethical dimension which has been the subject of much discussion at recent legal forums. Leading specialist EB-5 immigration Attorneys have advised that while Attorneys working with clients on the EB-5 visa should obviously provide advice on immigration law, they should not necessarily be giving advice on the relative merits of the investments of the various regional center programs.
* How many actual EB5 immigrants have they advised? Is it a substantial number, say over 150 and most importantly are these investors from different countries? What is their success and failure rate?
* Which centers have these consultants recommended, and why?
* What is the range of information they provide? - It is all very well knowing who the directors of the regional centers are, what is the track record of the regional centers, and how many EB-5 visa applicants they have attracted but all these facts miss far more important points that are critical in these difficult economic times.
* What are the really important differences between equity and loan based programs? What exactly does this mean for you?
* What is their knowledge on economic employment methodology, this is critical as regional center programs must achieve ten jobs per investor and certain programs have better formulas than others in measuring this.
* Do they have links to the leading independent EB-5 immigration attorneys, economic forecasters regarding the employment forecasts, international chartered accountants and business attorneys?

The choice of an EB5 consultant is an important first step on the path to successfully obtaining the most appropriate regional center program that will lead not only to a successful visa application but the return of your $500,000. It is important to be given all the necessary information prior to making such an important decision.

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