What You Need to Know About Overstaying in Thailand

Thailand is well-known around the world as one of the most sought-after tourist destinations, owing to its rich cultural and ecological diversity. During your unforgettable visit to the Land of Smiles, you may find yourself craving for more of the Thai experience, thus opting for an even more extended stay in the country.

However, it is very important for you to keep in mind the basic guidelines for overstaying in Thailand so that you can avoid having problems with Thai immigration and enjoy the rest of your trip.

What is Overstaying?

Overstaying is the defined as the act of exceeding your allowable stay in Thailand beyond the validity of the immigration stamp or visa granted to you. As a foreigner, it is your duty to keep in mind the date of expiration of your stay in the country, and you are advised to leave Thailand prior before your permit of stay expires. Overstaying is an offense where only foreign citizens are held liable.

Consequences?of Overstaying

Overstaying is penalized by Thai Immigration law. Technically this is a violation that is punishable even on the first day of overstay, but generally if you overstay for only one day, you need not pay a fine. A fine of 500 baht per day is charged beginning on the second day of overstay. The maximum fine for overstaying in Thailand is 20,000 baht and children can also be charged with overstaying if they are over the age of seven.

You can pay your fines for overstaying at the airport or at the nearest Thai Immigration office. The process takes less than ten minutes, and you can even pay your overstay fines in advance. While this is a very convenient option for tourists, keep in mind that overstaying is still a violation of Thai Immigration rules. The Immigration Police can still detain you until you can book your flight out of Thailand and it can be a very uncomfortable experience for you, so it will be best to avoid overstaying in Thailand unless very urgent situations call for this option.

Why You Need a Thai Visa

If you are really interested in taking a longer trip and explore more of the Land of Smiles, and even possibly explore employment and business opportunities in the country, it will be best for you to apply for a Thai Visa prior to your arrival in Thailand so as to avoid problems with Thai Immigration. It is recommended that you seek the assistance of a reputable Thai law firm, who may be able to discuss with you your options in your application for a Thai Visa. They may also be able to be a valuable resource of legal advice throughout your stay in Thailand.

Belle Baldoza works as a Business Correspondent for Siam Legal International, Thailand's largest legal service network with offices in Bangkok, Phuket, Pattaya, Hua Hin, Chiang Mai and Samui. The firm has international locations in London and Los Angeles. Siam Legal is a full-service law firm and provides a wide range of legal and visa services. Visit Siam Legal on the web at http://www.siam-legal.com

How to Use the F-1 Visa For Foreign Students to Work Your Way to Living & Working in the US

The F-1 Visa is a full time student visa and is utilized by foreign students from around the globe to study at US universities for their undergraduate, masters and PHD programs.

It is very popular and historically has been the main way people from all over the world have been able to transfer from student to the E-3 visa or H-1B visa and begin their new lives in the US.

This is not as I am sure you are all aware a cheap option necessarily, as outside of outstanding students and those in many PHD programs who receive academic scholarships, chances are you will have to pay for your education in full. University Tuition fees in the US are not cheap not to mention living costs.

You have options beyond attending one of the prestigious and very expensive colleges in the US like the Harvard or Yale. State universities is an option as well where the tuition is a lot lower.

The fees are generally charged by the amount of credits each subjects gives you and of course you need a certain amount. Of course Masters programs can be more but is generally only half the length of a undergraduate degree (2 years vs. 4 years)

The tuition at state universities is subsidized by the Government and is even lower for residents of that state. Generally you have to live in a state for at least a year to qualify for this so after a year of studying and living in a particular state your fees may even go down depending on the university and state concerned.

The F-1 visa does give you is the ability to do 4 things which greatly enhance your chances of finding an employer to sponsor your E-3 visa or H-1B simply after you graduate.

CPT - Curricullum Practical Training which allows you to work for credits to your degree
OPT - Occupational Practical Training allows foreigners to work at a US company. This is usually done by a student after graduating but can be done earlier

The F-1 visa also gives you time in the US to build contacts at University, Alumni groups, the employers you may work at and via friends to find a future long term employer in US.

CJ gives foreign students the chance to come to the US on the F-1 visa by providing great tips on the US Immigration system

Citizenship Rules When Applying For US Naturalization

Applying for citizenship into the United States is a long process, but fairly straightforward and relatively simple. The most important element when wishing to become a US citizen is the length of time that you have already put into living in the US. The government requires that all people applying for naturalization to the US be a permanent resident for a minimum of 5 years time, physically living on US soil for at least 6 months of every year. The rules are different for those who have married a US citizen.

To apply for naturalization, you must get an application form from the USCIS. You can get it directly to them, or you may download the application on their website. The form must be completed honestly and completely (note; if it is discovered that you have not filled out your application truthfully, you claim for citizenship will be denied.). Once you have completed the application, it must be turned into the USCIS along with 2 photographs of yourself, the application fee and any other required documents that would pertain to special circumstances (such as marriage to a US citizen).

When you application has been turned in, the next step is to go in to get fingerprinted. It is essential to provide any necessary document requested by the USCIS to approve citizenship. You must have a basic knowledge and understanding of the English language, with the ability to read and write at least at an elementary school level. This rule can be overruled if you are over the age of 55 or you have been a US resident for over 20 years. A civics test must be taken and passed in order test your knowledge of US government and history. You must also answer questions regarding your willingness to take the oath to pledge allegiance to the United States of America as well as questions regarding your background.

Once you are done applying for citizenship, one of three things will happen. You will be approved for US citizenship allowing you to take the oath as an American Citizen. Your application could be put on hold as a ?continued? status if there were any issues that arose on your application or background check. The final stage of the decision process could be that you are denied citizenship. Being denied could be based on a number of reasons from les on your application to the amount of time you were not living on US soil was too long.

Matt D Murren owns and operates http://www.APPLYINGFORCITIZENSHIP.INFO
Applying For Citizenship

Surviving the Finale of K Visa Application - The US Immigration Visa Interview

The submission of the visa application and the interview that goes with it comprises the finale of the long and arduous journey of obtaining a K visa or an immigrant visa to the US. The interview is normally done at the US embassy in the applicant's home country or residence. In Thailand, the US embassy in Bangkok also accepts and processes non-Thai immigrant visa applications provided that the foreigner is legally working and residing in Thailand and for K3 visas if the marriage was registered in Thailand. Lao citizens and Cambodians normally have their immigrant visa applications processed at the US embassy in Bangkok.

While the interview only requires an hour or two stay at the US embassy, this final part of the K Visa application process is very important. It's the moment the applicant validates herself and her claims by submitting her visa application documents and answering questions from the probing visa officer. The questions vary from personal to general so you have to familiarize yourself about your US fianc? personal details and your relationship details as these might put you on the hotspot later on.
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Common Interview Problems
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To prepare for the interview part of the visa application, it might be prudent to look at the most common reasons why immigrant visa applications are denied at the US embassy in Bangkok. Knowing these common reasons would make you anticipate what documents to bring to remedy potential problems. ?The reasons include the following:
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Missing affidavit of Support or if not it's incomplete - You have to make sure that your American fianc?r spouse has filed an I-864. Or better yet, bring an original copy of the accomplished affidavit of support form by your sponsor. You can also show a copy of his latest Federal tax return so bring this, too.
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Inadequate proof or evidence of on-going and genuine relationship - You need to be ready to establish your on-going relationship with your American fianc?r spouse. Compile all email exchanges, photos together, and money transfer receipts, boarding passes, marriage certificate and other pieces of evidence to show your relationship.
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Inability to express oneself in English during the interview - It would be good to anticipate the questions that the visa officer would be asking and practice yourself answering them. You could ask the officer to repeat the question if you didn't understand it. ?Answer his questions clearly and honestly.

Post-Interview
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The US embassy in Bangkok despite the volume of applications that they have to process tries their best to process visa applications as timely as possible. The visa maybe granted immediately after interview after a few hours of evaluating it. Or the embassy may advise you to come on another date to pick up your visa.
If there are missing documents or additional documents which the embassy requires, the processing of the visa will be logically take longer. You just have to turn over these documents that you maybe able to obtain the visa.
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Speaking about documents that you have to submit to the embassy, it's always prudent to make photocopies of them. Original copies may be required to be submitted but important documents which you need to keep need to be photocopied. You may furnish the embassy with the photocopy. You can show the original copy should the officer ask you about it.
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Denied Visa Application

If a visa application is denied, the officer will likely explain the reason for the visa rejection. If you enlisted the service of a visa agent, they should be able to explain the reason to you further and hopefully, find ways to remedy the problem. ?If not then it might be good consulting with US visa professionals to assist you with your reapplication.

Summary

The interview part of the US immigrant visa application is the last stage of your long wait to finally get hold of your dream visa. ?Messing up with the finale due to lack of preparation is certainly the least thing you would like to happen. ?To ensure your strong chances from start to finish, it's recommended enlisting the services of US visa professionalsto guide you with the whole journey.

George M. Londob works as a Business Correspondent for Siam Legal International, Thailand's largest legal network. Apart from corresponding with the firm's foreign clients, he has a relatively long experience assisting visa applicants on their UK, US and Thai immigration concerns through working with his immigration-experts Thai colleagues in personally handling and dealing with the clients' cases.

Siam Legal International has offices in Bangkok, Phuket, Pattaya, Hua Hin, Chiang Mai and Samui. The firm has international locations in London and Los Angeles. Siam Legal is a full-service law firm and provides a wide range of legal and visa services. Visit Siam Legal on the web at http://www.siam-legal.com

CAIPS Notes For Canadian Immigration Applicants - A Low-Cost Way to Check the Status of Your Case

For the many thousands of people who have submitted a Canadian immigration application the agonizing wait for news can last months, or in many cases years. As time passes the doubt begins to creep in. Applicants begin to wonder:

- Did I make a mistake on the application form?
- Do I really have enough points to meet CIC's (Citizenship and Immigration Canada) requirements?
- When will a visa officer next review my file?

To make matters worse, the regional visa office where the application is being processed will usually not allow or respond to questions from applicants eager for news.

However, what many people don't realize is that they can gain valuable information about the status of their application without bothering the visa office that is handling their case. CIC (Citizenship and Immigration Canada) runs a computer system known as CAIPS. CAIPS stands for 'Computer Assisted Immigration Processing System' and is used to manage immigration applications being processed outside of Canada. Every time a change is made to a visa application the details are recorded in the CAIPS system. For a small fee individuals can obtain a computer printout from the CAIPS system which may indicate the status of their file.

There are many scenarios where obtaining your CAIPS notes can be beneficial, so the big question is WHEN and WHY should I request my CAIPS notes?

- If you have been asked to attend an interview, requesting your CAIPS notes can help you to prepare. They may indicate why the interview has been requested.

- If you feel that you have not heard anything for an unusual amount of time, requesting your CAIPS notes can help you to check that your application is still on track.

- If you have submitted additions or changes to your application, e.g. adding an additional dependant to the application after the birth of a child, requesting your CAIPS notes may enable you to check that your addition/change has been received and the details added to your file.

- If you are just curious as to how your application is progressing, requesting your CAIPS notes may give you an idea of when an immigration officer will next review your file.

Perhaps the best part about ordering your CAIPS notes is that it will not delay your application in any way. These requests are handled by a government office in Ottawa, Canada and are independent of the visa office handling your case.

So what are you waiting for! To request your CAIPS notes or to find out more visit CAIPS Direct online at: http://www.CAIPSDirect.com

CAIPS Direct provides affordable CAIPS Notes services for Canadian immigration applicants.
http://www.CAIPSDirect.com

How to Get a US Work Visa - Employment Based Immigration

Temporary Work Visas and Employment-Based Green Cards

An individual may obtain a temporary visa to work or study in the United States, or he or she may obtain lawful permanent residency (green card) through one of five employment-based preference categories. Immigration attorneys can assist you with either your temporary work visa or your employment-based green card application.

Temporary Visas for Working

The H Visa Temporary Worker

There are several types of H visas for temporary workers. Each type of visa allows the individual to perform a specific job:

• H1B is for professionals who are coming to work in the U.S. in a specialty occupation (Professional visa and Fashion Models);
• H1C is for nurses who will work in particular positions;
• H2A is for agricultural workers;
• H2B is for non-agricultural workers (Unskilled Foreign Workers);
• H3 is for trainees; and
• H4 is the accompanying visa granted to the spouse and children under 21 years of age of the worker.
• TN Status: allows certain qualifying Canadian and Mexican citizens to temporarily work for an employer in the U.S. under NAFTA.

Learn more about the H Visa and other Temporary Worker visas through the U.S. State Department's website

The E Visa

Only citizens and nationals of certain countries are eligible for this type of visa. A requirement for this visa is a treaty between the United States and the foreign country for trade or commerce. There are two types of E visas for working:

• E1 visa is for an individual who is doing substantial trade with the United States; and
• E2 visa is for an investor who is directing an investment

Learn more about Treaty Traders and Treaty Investors Visas through the U.S. State Department's website

The L Visa Temporary Worker

The L visa is for temporary worker who is coming to work at a subsidiary of a foreign company. There are several types of L visas:

• L1 is for a manager or an executive;
• L1B is for someone with specialized knowledge;
• L2 is the accompanying visa that spouses and children under 21 years of age receive with the worker.

Temporary Visas for Studying - Student Visas

Look for important News Releases from the U.S. Immigration and Customs Enforcement about SEVIS

The F-1 Visa

This type of visa allows the student to study full-time at an academic institution such as a university, private school, or language institute.

Learn more about Academic Student Visas through the U.S. State Department's website.

The J Visa for Exchange Trainees and Workers

The J visa is for temporary workers or trainees who are coming to work or train with an organization that has been approved for an exchange program under the J visa regulations.

Learn more about Exchange Visitor Visa (J Visa) through the U.S. State Department's website.

Read about the Waiver of the Two-Year Foreign Residency Requirement for J Visa through the U.S. State Department's website.

The M Visa

This type of visa allows an individual to attend an approved course of study leading to a specific educational or vocational objective and engage in full-course of study.

Learn more about the Nonacademic Student Visa (M Visa) through the U.S. State Department's website.

Temporary Visas for Particular Occupations - O, P, Q, and R Visas

The O Visa

The O-1: Extraordinary Ability Artists/Entertainers, Business People, Scientists, Educators, and Athletes

The O-1 visa is available to foreign nationals of extraordinary or high achievement in the sciences, arts, education, business, or athletics as demonstrated by sustained national or international acclaim, or with regard to motion picture and television productions, a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation.

The O-2: Support Staff of Artists and Athletes

The O-2 visa is for an alien entering:

(1) for a specific event or events;
(2) who is an integral part of such actual performance;
(3a) has critical skills and experience with principal alien, which are not of a general nature or which cannot be performed by other individual; or
(3b) in the case of a motion picture or television production, has skills and experience with the O-1 alien that are not of a general nature and which are critical and the alien is essential to the successful completion of the production; and
(4) has a foreign residence that the alien has no intention of abandoning.

The P Visa for Athletes and Artists

This visa applies to an internationally recognized athlete performing at a major athletic event as an individual athlete or as part of a group or team and for an artist or member of internationally recognized entertainment group. There are several types of P visas:

• P-1 is for an athlete and athletic teams and entertainment groups;
• P-2 is for artists and entertainer reciprocal exchange;
• P-3 is for artists and entertainers integral to performance.

The Q-1 Visa

This visa applies to a foreign national entering the U.S. for the purpose of obtaining practical training, employment, and the sharing of history, culture, philosophy, and traditions of the alien's home country.

The R-1 Visa

R-1 visa is for a foreign national with a religious profession, occupation, or vocation, for example, minister, professional holding degree or foreign equivalent degree, cantor, monk, evangelist, or nun.

Employment Based and Investor Immigrant Preferences

Employment-based immigration for lawful permanent residence falls under five preference cateogories:

• Priority Workers (persons of extraordinary ability, outstanding professors or researchers, and intracompany transfers of executives or managers):
• Members of the professions holding advanced degrees or persons of exceptional ability;
• Skilled Workers, professionals, and other workers;
• Special immigrants, including ministers and religious workers;
• Investors with the potential to hire ten U.S. workers.

Different criteria apply to each of these categories and substantial document preparation is required to successfully obtain residency based upon one of the employment-based immigraton categories.

Check the current Visa Bulletin priority dates for each of the employment-based categories, since not all categories have a current priority date.

Should you wish to obtain a temporary visa for working or studying, or obtain your lawful permanent residency through your employment, consult immigration lawyers.

Ruchi Thaker is a partner at Thaker, Berowitz LLP - Immigration Lawyers in NY.

Areas of Practice:

• Asylum
• Federal Court Litigation
• Criminal Deportation Defense
• Naturalization
• Family-based Immigration
• Consular Processing

Languages: English, Gujarati, Hindi, Spanish

State Bar Admissions: New York State (2003); State of New Jersey (2002)

Federal Court Admissions:
United States Supreme Court (2007)
United States Court of Appeals for the Ninth Circuit (2006)
United States Court of Appeals for the Sixth Circuit (2006)
United States Court of Appeals for the Second Circuit (2005)
United States Court of Appeals for the Third Circuit (2003)
United States District Court for the Southern District of New York (2003)
United States District Court for the Eastern District of New York (2003)
United States District Court for the Northern District of New York (2003)
United States District Court for the District of New Jersey (2002)

The Five Keys to Success at Your Stokes Interview

Your United States citizen spouse filed a family petition on your behalf together with an application for adjustment of status in order for you to get your green card. You just had your interview with an officer of the United States Citizenship and Immigration Services, and unfortunately it did not go as well as you had expected. At the end of the interview the officer handed you an appointment notice for a follow-up interview. This interview is better known as a "Stokes" interview, and is infamous for its breadth and depth of questioning. At this interview you can expect to be questioned separately while your spouse waits outside in the waiting room. The answers to the long series of questions which is asked of each spouse separately is then compared by the officer, who will allow the couple an opportunity to explain any discrepancies which may arise. Failure at this level to convince the officer that your marriage is a bona fide and subsisting relationship can result in the denial of your application and place you in removal proceedings.

Prior to appearing for your Stokes interview you are probably wondering what you can do to best prepare for this encounter, in order to give yourself the greatest chance of success. Below are five tips which can make a big difference in the outcome of your Stokes interview.

1. Make sure your documentation is organized -when you are sitting in the room together with the examining officer, one of the first items that they typically address is whether you have additional documentation to submit in support of your application. This documentation could be in the nature of updated tax returns, job letters, bills, joint bank account statements, and the like. A full set of these copied documents should be organized and readily available to hand over to the officer with ease. Applicants who have to rummage through their paperwork and sort through their documents in order to find what the officer is requesting already start off on shaky ground with the officer.

2. Only respond when you are specifically addressed -generally, the officer will issue an instruction to the couple
that the spouse who is being addressed and only that spouse should answer the questions being posed. However, even in the absence of such an instruction, if it is clear that the officer is making eye contact with one specific spouse then the officer is expecting that particular spouse to respond. Having the officer issue a warning with regard to this protocol is another way to prejudice the officer against you.

3. Respond with the truth, not with what you think your spouse will say -all too often applicants believe they can outsmart the system by over thinking the questions that are being asked of them. Rather than responding with what they know to be correct, they choose to say things that they believe their spouse will say even though it is not based in reality. This obviously creates a greater chance for discrepancies, and also makes any discrepancies which arise more difficult to explain away when the couple is reunited before the officer and offered an opportunity to explain the differences in their answers.

4. Pay greater attention to the lesser details in your marital life - while this tip may seem somewhat unfair, nevertheless in order to be successful at the "Stokes Game" you really have to pay close attention to such things as the layout of your residence, and in particular your bedroom as well as the number and nature of tattoos and scars your spouse may have on their body.

5. Consult with an experienced attorney who can offer you a list of sample questions with which to prepare -this may be your last chance to get a green card, so it would be prudent to invest wisely and properly in an attorney who has represented such clients before, and can offer you a sampling of the kind of questions that have been asked at Stokes interviews in the past. While these questions are not guaranteed to arise during the course of your Stokes interview, nevertheless just having a battery of questions to consider with your spouse will make you better equipped to handle the variety of questions which may be asked. Considering that the questions are taken from life itself, the possibilities are literally endless. However, experienced attorneys can tell you that certain questions tend to appear more routinely than others, and that can give you quite an advantage.

Keeping these 5 tips in mind will help you meet with success in spite of the Stokes interview process. However, significant preparation is well advised in order to ensure that the end result of your Stokes interview will be the attainment of the coveted green card.

For most people trying to meet with success at their Stokes Interview, hiring a lawyer is the best thing they can do to improve their chances of an approval. However, you need to have the lawyer who is right for you. Taking the time to review the information outlined above will help you to make the right decision.

This article supplies information about the law and legal processes designed to help readers deal with their own specific legal needs. However, legal information is not the same as legal advice, to wit, the application of the law to one's particular circumstances. While the author has taken care to make sure the information provided is accurate and useful, it is recommended you consult a lawyer if you need legal advice appropriate to your particular situation.

Douglas Rosenthal is an attorney in New York, New York,. He handles a variety of immigration, green card, and citizenship cases. Find out more about Douglas Rosenthal online at http://www.douglasrosenthal.com You can also reach him at 212-625-8300.

Planning Your Canadian Immigration

An immigration plan is similar to a good business plan, You need to know your goal, what the requirements are to reach your goal, have a plan that anticipates each step, and execute your plan.? The more detailed your plan, the easier to implement.

Know your goal:? Your general goal is immigration to Canada.? A specific goal would be under what class of immigration you intend to apply.? The classes of immigration under which you can presently apply are:
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1. ?? Federal Skilled Worker Class: This is the class most frequently used by new applicants for Canadian immigration.? There is more flexibility here because not only are there Federal needs for certain vocations, but a number of Provinces likewise have their own specific needs.? If you qualify for one of these,? the provincial government? will aid you in your application and in some cases it pushes you closer to the top of the waiting list for application processing.

2. ?? Canadian Experience Class: an immigration category for Canada's temporary foreign workers and international graduate students who wish to become Permanent Residents. This class was first implemented in 2007.

3. ?? Business Class:? This class is for Investors, Entrepreneurs, and the Self-Employed.? Applications in this class generally take less time than the Federal Skilled Worker Class.?

4. ?? Family Class:? This class of immigrant must be? sponsored to come to Canada by a relative such as a parent,? fianc?), spouse, or common-law partner.? A common-law partner is defined as a person of the opposite or same sex with whom you are in a conjugal relationship and who is currently cohabiting with you and has done so for at least one year.

5. ?? Quebec Selected Immigration: Skilled Worker / Professional applicants intending to reside in Montreal or another city in the Province of Quebec are selected based upon a different set of criteria than applicants who wish to settle elsewhere in Canada. The Quebec Immigration selection system is designed to indicate the likelihood of succeeding in settling in Quebec.

6. ?? Provincial Nominees Class: In this classification a prospective immigrant applies to a Province which has certain established needs. If you fit their immigration criteria, then the province(s) then aid(s) in the application process. Provinces and territories share authority with the federal government and can fast track applications.

7.??? Refugees Class: Applicants in this class are admitted under special rules.

8. ?? Others: (visitor visa, temporary employment authorization,) and so on...

Requirements and steps to reach your goal:? What are the specific requirements for entering Canada under your proposed class of immigration.? This can be accomplished by studying the CIC (Citizenship and? Immigration Canada office) requirements.

Have a plan that anticipates each step:? Make a checklist of all requirements for your selected class of immigration.? Put in as much detail as possible.? You may need to modify the list? by including additional steps as the process continues.

Execute your plan: ? This includes all immigration steps needed before you can be considered for immigration to Canada, and before the CIC can approve or disapprove your application for immigration.? This may be done through an attorney or Immigration Consultant OR you may take the initiative and do all the paperwork yourself.? There are advantages and disadvantages to both methods.???

With an Immigration Attorney or Immigration Consultant, you are paying for their knowledge of the process and at the same time you are going to pay several thousand dollars more in fees.? If you do it yourself it will require more research and personal work on your part, but you will be able to complete the process in a much less expensive manner.

Like a business plan, going through all the steps will not necessarily mean success.? However, by organizing yourself and systematizing the process on your end, there is a greater likelihood that you will be successful.? This assumes of course that you meet the prerequisites for immigration in your selected class.

Lamar Ross is an author, educator, internet entrepreneur, and international traveler. He has a special interest in training individuals for expatriate living http://www.expatriatetraveler.info and providing information on unique travel destinations. For more information on simplifying your application for Canada Immigration, go to http://www.move2cnd.info

Do We Really Need to Emigrate to Get a Better Life?

I was recently catching up on some podcasts I've had sitting on the iPod for months and not quite got round to listening to. One particularly interesting one from way back on the 2nd of May 2008 was from the BBC's World Service Documentaries feed on iTunes. (Anyone without iTunes can use the BBC World service website), entitled Escape to New Zealand.

The interviewer was speaking with two couples from America & Germany both of whom sought a new life in New Zealand to escape from global warming and home country politics.

Once here, both couples felt closer to a more natural way of living, with a greater ability to live a happier way of life and change how they chose to live their lives. Personally, I've found that most Kiwi's are more accepting of people living a different way of life, whatever that happens to be. When I'm working in Wellington, I leave the office at 4pm so I can catch the train home. Colleagues and customers are fine with this, no issues. If I'd done this while in the UK, I'd be on the receiving end of (not entirely joking) comments about being a part timer and only doing a half-day!

In terms of changing your life, the whole experience of upping sticks to the other side of the planet is quite daunting. The question is though:

Do we really have to move to another country to change our lives?

Often a big one off change is easier to achieve than a small change to daily habits, especially when others around us don't want to see us change or improve.

It is interesting, what are we escaping from when we come to New Zealand? Are we just searching for a better way of life? Could we achieve the same thing (a more balanced way of life) by making changes to our lives where we are? Why are most of us afraid to work only the hours we are paid to back in our home country, and afraid to demand and expect that we get to spend time with our families? Instead - we leave for a new life in a New Country. It's a huge step to take to solve a problem that most of us could solve by just taking a step back at work and refusing to work overtime for no pay.

Helen Winterbottom, aka Avalon is an ExPat Brit living in New Zealand and wondering what the hell happened. After years of posting on forums, helping other migrants with their finance questions - she finally got around to writing it all down in a book.

Avalon's Guide can be found at http://www.avalonsguide.com/ and Avalon's Blog can be found at http://www.avalonsguide.com/anab for updates and a look at life in New Zealand.

There is no "One True Path" to emigrating.

New Zealand Immigration - Are We Coming Or Going?

New immigration figures came out at the start of 2009 - which sort of tells us how many people immigrate to New Zealand, versus how many people leave and go somewhere else (usually Australia). According to the National Business Review, it's not good news for New Zealand, with the exodus to Australia continuing.?

It turns out that a staggering 35,400 more people left New Zealand for Australia permanently, than came from Australia permanently. That is not good news for New Zealand, especially when you consider that we only have a population of just over 4 million in the first place. It's also an extra 7,400 people that made the move out this year compared to last year - which means its getting worse.

On the other hand, more people arrived in New Zealand from the UK than left. 7,800 in fact. It's not a huge amount though. What I can't see though, and as far as I am aware there are no figures you can find: is how many UK migrants go back? This would be a very useful figure to know, because it will tell those of us planning on emigrating what the success rate is.

On the whole though - there is certainly a lull in overall numbers of people moving to New Zealand for a new life.

Basically - cutting through all the waffle and numbers, only 3,800 more people immigrated to New Zealand last year, than emigrated from New Zealand. Given that the highest figure was over 40,000 in 2003 - it's a bit of a drop. The reasons for this are varied and a bit complicated, but either way it is not good news for New Zealand, given that we are such a small country and highly reliant of skilled immigration.

One would think Immigration New Zealand would be a little less draconian and stop mucking so many would be migrants around.

As to why there is such a drop? From what I've understood in the past few years of talking to people - it's simply a cycle. Like the housing market cycle, it all goes round and round, with ups and downs. The problem is that the exchange rate being so bad has put a lot of people off. Your ? just doesn't go as far these days. Also remember that at the moment, while migrants to New Zealand may be able to get their visas, they are going to struggle to sell their homes in order to come over here. It will change back again some day.

Helen Winterbottom, aka Avalon is an ExPat Brit living in New Zealand and wondering what the hell happened. After years of posting on forums, helping other migrants with their finance questions - she finally got around to writing it all down in a book.

Avalon's Guide can be found at http://www.avalonsguide.com/ and Avalon's Blog can be found at http://www.avalonsguide.com/anab for updates and a look at life in New Zealand.

There is no "One True Path" to emigrating.

Three Year Bachelor's Degrees - Good For H-1B, But Not For a Green Card?

This is an issue very much in focus in recent times mainly because of a perceivable shift in standards of adjudication adopted by the United States Citizenship and Immigration Services (USCIS). A near-panic has been caused among people with the so-called "three year" degrees by the denial of a number of employment-based petitions by USCIS in recent times.

In several countries (especially of the British Commonwealth), one can get a bachelor's degree after a total of 15 years of schooling, either as 12 years higher secondary and a three year degree, or in some instances, with a 10+2+3 program. People holding such bachelor's degrees are lately finding it hard to obtain employment-based immigrant visas in the U.S. through the Employment-Based third preference (EB-3) "professional" jobs. Professional jobs are defined as those that need a bachelor's degree as the entry level requirement.

Bachelor's degrees in the U.S. are generally granted after a total of 16 years of schooling, i.e., 12 years up until High School and four years of college. So when an employer processes a Labor Certification for an employment-based "green card" in a professional occupation (i.e., with the requirement of a U.S. Bachelor's degree or its foreign equivalent), the assumption is that of a foreign bachelor's degree that is comparable to a U.S. bachelor's degree.

Until recently, this could be achieved using the experience equivalency evaluation. That is, a bachelor's degree equivalency could be obtained by substituting three years of work experience for one year of academic education. So, a person with a three year degree (obtained after a total of 15 years of schooling) could be evaluated as having the equivalent of a U.S. bachelor's degree if he/she had three years of work experience in a related field. Technically, this could be applied to a situation even where the person had a 12 year high school (or, in some countries, pre-university or pre-degree) diploma and 12 years of experience, he/she would qualify as the holder of a US equivalent BS degree. It is understood that a huge number of cases have been approved over the years using this standard.

But recent decisions by the USCIS show a totally different trend. Immigrant Visa petitions are being denied by the USCIS for the lack of a "single" four-year degree. To quote from such a denial, "...the regulation at 8 CFR 204.5 (l)(3)(ii)(C) is clear in allowing only for the equivalency of one foreign degree to a United States baccalaureate, not a combination of degrees, diplomas, or employment experience. There is no comparable provision to substitute a combination of degrees, work experience, or certificates which when taken together equals the same amount of coursework required for a US baccalaureate degree..."

But, as far as processing of H-1B petitions go, the above 3-for-1 formula is still adopted. H1B visas are non-immigrant work visas granted by USCIS to a foreign national to live and work in the United States for a temporary period in a specialty occupation, i.e., an occupation that requires a minimum of a U.S. bachelor's degree or equivalent.

Disclaimer: The information in the above article is of a general nature only and should not be taken as legal advice. Always seek professional legal advice before proceeding with your case.

Copyright: The Law Offices of Morley J. Nair, Inc.

Morley J. Nair is the founder of The Law Offices of Morley J. Nair, located in Philadelphia, PA, practicing Immigration Law in all the 50 states. The firm has processed thousands of H-1Bs and hundreds of Applications for Permanent Residence ("Green Cards"). The firm websites are http://visaworks.com/ and http://h1bplanet.com/

Becoming a US Citizen - Valuable Tips to Guide You Through the Citizenship Process

So you have decided to take the step of becoming a US citizen. Congratulations! You have made a wise choice to become a member of the greatest country in the world. A word of warning though, going through the citizenship process is not as simple and straightforward as many would have you believe.

It was with this in mind, I decided to write this article, to provide you with some tips to help you through the citizenship process and ultimately reach your goal of becoming a US citizen.

Firstly you need to get, fill out and submit form N-400, you can do this online or via mail, you need to make sure you submit your form to your local government office.

Once your N-400 form has been reviewed, and provided there are no major issues, you will then be invited to attend an interview. In the interview you will be asked a whole range of things from why you think you deserve to become a US citizen, questions about the history of the united stated as well as opinions and beliefs on a variety of subjects.

Whatever you do, don't panic during the interview process, just be yourself and answer the questions as truthfully and heartfelt as you can. The people conducting the interview are very well trained and will soon know if you being dishonest, but for the most part they are there to help you become a US citizen

Whilst this article is far from an exhaustive guide on the steps to gain citizenship, it does contain great tips to get you started on your quest to become a US Citizen.

If you are ready to take the next step in the citizenship process check out the following link for a review of a great resource. Click Here

A Comparison Between EB-5 Visa to USA and Canada Immigrant Investor Program!

EB-5 preference category was created in 1990 for immigrants seeking to enter the United States to engage in a commercial enterprise that will benefit the U.S. economy and directly create at least ten full- time jobs. The minimum qualifying investment amount is $500,000 for commercial enterprises located within a rural area8 (or targeted employment area) and is otherwise $1,000,000.

Under the Canada Immigrant Investor program, introduced in 1986, foreign business persons establish eligibility by proving that they have identified managerial / business experience during two out of last five years preceding the filing of application, a net worth of at least CDN $800,000, and by affirmatively expressing that they are willing to deposit CDN $400,000 into designated government guaranteed securities for a period of five years.

Passive versus active Investment

Unlike the EB-5 program, the Canadian Immigrant Investor program is a PASSIVE program: a qualifying investor is not required to open a business, or hire and manage employees. Rather, the investment itself is assumed to spur significant economic activity and create jobs. In fact, post visa issuance, the applicant can carry out any activity in Canada, including but not limited to doing jobs and living off additional passive investments. Of course, he can do active business as well. If he does business, there are no restrictions on geographical area and location and nature of commercial activity and on any minimum number of employees that business must employ.

EB-5 program is NOT a passive investment program and is in fact expected to create proven employment that is generated through a viable and registered commercial enterprise. The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, which is properly structured and that conforms to the Uniform Limited Partnership Act. Having said so, this program is used by professionals, businessmen, people planning their children's education and attend US colleges and Universities and seeking a good quality of life or seeking retirement in the USA. The EB-5 visa is a highly flexible program and permits the investor to what he wants, including seeking employment in USA.

Stage and timing of investment

Canadian Immigrant Investor program require investment AFTER the applicant's documents and applications forms and narratives/ declarations as regards net worth accumulation and business experience have been reviewed by the Visa offices and he has been out through a selection interview. Making payments for immigrant investor program has its own costs, especially foreign exchange transactions and transfer costs not to talk about the need to liquidate once net worth and assets to arrange for liquid funds required for transfer. Thus, from applicants view point it makes sense to make funds transfer- to meet the requirements of qualifying investments- after his application has received provisional approval.

EB-5 case procedures requires an investor to FIRST make a qualifying investment, and then file a Form I-526 petition (and supporting documents) with USCIS. After this the U.S. Department of State's National Visa Center will process the EB-5 immigrant visa through the local U.S. consular post with jurisdiction over the place of residence. The EB-5 immigrant visa is used to enter the United States, which commences the two-year conditional lawful permanent resident status. The applicant must thus be prepared for situations where - if his application is denied - he would have incurred irrecoverable expenses on foreign exchange transfer and then return. He might also have disposed off some valuable asset to arrange liquid funds in the first place and would be required to look for new investment assets. He should factor in expenses and costs and losses that he might incur while going through sale and purchase of assets. From the time that he makes the investments and time he receives the money back, he will need to factor in the lost interest in the process. In addition, he would loose the fee the he would have paid to the lawyer for applying for the application in the first place!

Conditional Versus unconditional green Card

EB-5 Visa is a conditional green Card and to start with, he will only get a two year conditional lawful permanent residence status. During the interim period he should be able to prove that the commercial enterprise in which his funds were invested met the conditions- especially related to creation of 10 new jobs on an ongoing basis. Should he not be able to meet the conditions, he will be asked to leave the country. This uncertainty about the likely continuity of the status is one of the key reasons why less than 10% of the annual quote for EB-5 category is used every year.

Successful applicants for Canada Immigrant Investor program get UNCONDITIONAL permanent resident status from day one of landing. It is comparable to the status the applicant gets under EB-5 program, after two years and subject to removal of conditions attached to his visa. The program is thus more certain and enables the applicant to appropriate plans vis-?is family and business relocation or expansion and also new investments.

Minimum investment

The minimum amount of investment required under the EB-5 program is USD 500,000 and under the Canada Immigrant Investor program it is CAD 400,000. At current exchange rates, it implies that the investment required is almost 50% more under the EB-5 program.

Loan Facility by Financial Institutions

The Canada Immigrant Investor program permits mandated financial institution to provide loan facility towards meeting the investment requirements. The program permits to make a margin money payment of as low as CAD 120,000 and balance being financed by financial institutions. This creates an excellent opportunity for the applicant as it enables him to meet the program requirements at least opportunity cost.

Documentation

When compared with Canada Immigrant Investor program, the documentation requirements are more extensive and subjective under the EB-5 program and persistent request of evidence- after filing of application- leads to inordinate delays in its processing.

Costs, extent of loss or opportunity of profit

The investment under the EB-5 program is an actual investment in a running commercial enterprise. The investment is subject to normal business situations and the enterprise may or may not make money. If the business looses money, the investor will loose his share of money as well. There is no limit to the amount of money that the business and therefore he may loose. Of course, he will make money if the business makes money. In such a case, there is no limit on the amount of money that the business and therefore he may make. The bottom line is that the investor applicant must be prepared to either of the situations.

Canada Immigrant Investor program has costs that can be identified. The applicant makes an interest free investment of CAD 400000 and the interest that he looses becomes his cost. When he goes for the finance option, the interest that he pays on the financed amount becomes his cost. Either way he knows his cost for taking residence visa under this program.

Administrative fee

In case of EB-5, Majority of the regional center investments require the applicant to pay an administrative fee of (normally) around USD 50,000. This is besides the investment of USD 500,000. In case the application is refused, for any reason, major part of this fee and in some case the entire fee paid under this head is non-refundable.

Under Canada Immigrant Investor program, the applicant incurs costs towards application processing fee to Governmental offices. A typical family consisting of applicant, spouse and two dependent children may incur a cost of around CAD 6000. This fee is non-refundable. In addition he may incur a professional and consultant fee expense of around CAD 5000. Majority of reputed consultants refund this consulting fee - in full or majority - if the application is refused.

Dependent definition

USA permits dependent less than 21 years to be considered as part of the application under EB-5. Canada permits dependents less than 22 years to be part of the application. Canada permits dependents above 22 years to be part of the application so long as children are full time students in a accredited and Government recognized institute

Summary

In Brief, both are good and attractive program but over the years Canada Immigrant Investor program has become more acceptable due to its simplicity and established procedures. Decision making is easier for the case officers due to available past precedents to refer to and compare new applications with.

EB-5 program is still evolving and is preferred route for extreme high risk wealthy individuals and families.

Author's rights-This article has been written by Ajay Sharma - referred to as author- known variably as Immigration Specialist, Immigration Consultant and Immigration adviser. The author retains (i) the rights to reproduce, to distribute, to publicly perform, and to publicly display the Article in any medium for non-commercial purposes; (ii) the right to prepare derivative works from the Article; and (iii) the right to authorize others to make any non-commercial use of the Article so long as Author receives credit as author and the user in which the Article has been published or cited mentions author as the source of information that makes part of thus article. No copies can be made or any part of this article used for commercial purposes unless it is done against expressed permission of the author.

Summary of E-2 Visa

Significant investment required (e.g., $200,000 plus), extended every 5 years, allows foreign national to remain in the United States on an open-ended basis (without a green Card) subject to the work limitations with the Visa.? Although there is no employee hiring requirement, a total lack of employees may be evidence that the business is marginal.?? If the E-2 employee is a manager (rather than an investor), managing other employees may be expected as part of their job duties.

This type of Visa will be particularly valuable for foreign nationals who wish to visit the United States for up to 122 days per year (less than 183 days in any one year), and who do not require a Green Card (in order to avoid U.S. income taxation on their world-wide income).? The E-2 Visa is particularly suited for international investors who would like a second home in the U.S.

Treaty Investor (E2 Visa)

Section 101(a)(15)(E) of the US Immigration and Nationality Act provides for visa status for nationals of countries that maintain an appropriate treaty of commerce and navigation with the United States or that is considered to be a treaty country under US law. The applicant must be coming to the United States to carry on substantial trade or to develop and direct the operations of an enterprise in which the national has invested, or is actively in the process of investing, a substantial amount of capital.

Treaty Trader and Investor visas are nonimmigrant categories. They do not confer permanent residency in the US nor do they lead to US citizenship, although they permit the applicant and qualified family members to live in the US for an extended period. For permanent residency in the United States, there is a separate program based on investment.

To qualify as Treaty Investor (E-2):

??The investor (either a real or corporate person) must be a national of a treaty country.

??The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost enterprise must be higher than the percentage of investment in a high-cost enterprise.

??The investment must be a real operating enterprise. Speculative or idle investment does not qualify.

??The investment must not be marginal. It must generate significantly more income than needed to provide a living to the investor and family, or it must have a significant economic impact in the United States.

??The investor must have control of the funds, and the investment must be at risk in the commercial sense. For the purpose of measuring the investment, loans secured with the assets of the investment enterprise are not counted.

??The investor must be coming to the US to develop and direct the enterprise. If applicants are not the principal investors, they must be employed as a supervisor, executive, or as the possessor of highly specialized skills.

What is a substantial amount of capital? There is no fixed amount which is considered "substantial." A substantial amount of capital constitutes that amount which is ample to ensure the investor's financial commitment to the successful operation of the enterprise as measured by the proportionality test. The proportionality test compares the total amount invested in the enterprise with the cost of establishing a viable enterprise of the nature contemplated or the amount of capital needed to purchase an existing enterprise.

Such comparison constitutes the percentage of the treaty applicant's investment in the enterprise. That percentage must compare favorable in the fashion of an inverted sliding scale starting with a high percentage of investment for a lower cost enterprise. The percentage of investment decreases at a gradual rate as the cost of the business increases. An amount of capital invested in an enterprise is merely presumed to be substantial when it meets or exceeds the percentage figures given in the following examples (amounts shown are in US dollars):

??75% investment in an enterprise costing no more than $500,000 (if the cost of the enterprise is substantially lower than $500,000, 85-90%, or even 100% investment may be required).

??50% investment in an enterprise costing more than $500,000 but no more than $3,000,000.

??30% investment in any enterprise costing more than $3,000,000.

A multi-million dollar investment by a large foreign corporation is normally considered substantial, regardless of the examples given above.The investment must do more than merely yield a return capable of supporting the investor and family. A marginal enterprise is an enterprise which does not have the capacity to generate significantly more than enough income to provide a living for the investor, family and other alien employees.

Are joint ventures permitted? Yes, provided that the business or individual investor applying for the visa is in a position to "develop and direct" the enterprise. The applicant is in such a position by controlling the enterprise through ownership of at least 50% of the business, possessing operational control through a marginal position or other corporate device, or by other means showing the applicant controls the enterprise.

How long may the Treaty Investor stay in the US? The applicant must have the intention of departing the US upon conclusion of the commercial activities. Nevertheless, holder of E-visas may reside in the US as long as they continue to meet E-visa qualifications.

"Essential employees" may remain only as long as their skills are required to operate the business, and only as long as the owner can show either that US workers cannot be trained to duplicate the skills or that the owner is making reasonable efforts to train US workers as replacements.

On initial entry, immigration officials normally authorize a stay of up to one year in the US, with extensions generally available for as long as the E-visa holder and family maintain their E-visa status.? The initial visa for an investor in an existing business may be up to 5 years; new U.S. business may be up to 2 years.? A new business may require a Business Plan with financial projections.

E-2 Visa Application Process

The E-2 visa application process may vary from one country to the next.? Different formatting rules, different forms and fees, different processing times, should be expected.? (For example, Vancouver is currently testing the DS-160 form rather than the DS-156/156E forms; Istanbul says it can review an E-2 in about a week while other Consulates and Embassies may take up to 12 weeks; Some Embassies and Consulates require hand delivering the petition at a pre-review interview while others allow the petition to be mailed in advance of the interview; etc.)? Filing within the U.S. as a "change of status" is possible but if the alien leaves the U.S., the alien will need to complete the Embassy or Consulate review of their application and have their visas processed before they are allowed to return to the U.S. on their E-2 status.? Consequently, if they are from a country with a long review time, the alien needs to make arrangements to start the review so it concludes in time for their reentry.

Is a visa available to the applicant's wife and children? Yes. Spouses and children under age 21 qualify for derivative E-visas based on the principal applicant's qualification. It is not necessary that they hold the nationality of the principal applicant. However, when the surnames of a spouse or children (as appearing on their passports) differ from that of the principal applicant, copies of marriage certificates, birth certificates, or other legal documentation must be submitted to establish the relationship. De-facto spouses and fiance(e)s do not qualify for derivative status. Dependent E-visa holders are allowed to work in the United States.

Gary S. Wolfe, Esq. International Tax Practice offers the following legal expertise: IRS Tax Audits, International Asset Protection & International Litigation. Please see http://www.gswlaw.com for more info

Immigration Law - Check on Your Green Card Status

Immigration Law was established because many foreigners wanted to come to the United States to have a better life and they needed to have a standard of law. In the beginning of the countries history there was a open door policy towards immigrants and anybody could come to have a new life. But then in the late 1800's they started limiting certain groups from coming in and these were mainly savory characters looking for trouble. By the early 20's the Us had a quota system and this further produces Immigration Law.

Many people that are in the Us need to have a Immigration Lawyer so that they can keep there green card status up to date. If you visa expires you can be asked to leave the country so it is important that you find an attorney that has the knowledge you need to help you stay in the country legally.

If you are found to not have the proper documents to be in this country then you can be deported and sent back to the country of your birth. It is important that you understand how Immigration Law works so that you can obtain citizenship is you are looking to stay in the U.S.

Remember that it is important for you to be legal so that you do not get deported back to your country of birth. You need to understand the Immigration Law's of this country so you know what you need to do to gain citizenship. It is also a good idea for you to find a good Immigration Lawyer that has the experience you need to help you out. This type of law has been around for a long time and is basically to protect the citizens of this country.

Find Free: Immigration Law Help

Free: Green Card Search

Bryan Burbank is an expert in the field of Legal Issues and Finding Attorneys

Emigrate to New Zealand - How to Sponsor Your Parents Part 2

In theory - the Parent Sponsorship process is fairly straightforward.

Once you have satisfied all the requirements, it is simply a matter of sending in the application forms (Both the Sponsorship form 1024, and the residency application form 1000), along with the Medicals Certificates, police forms, forms of Identity, and money, and then you wait.

And wait. And wait a bit more.

Unfortunately, parent sponsorship is probably the least important section of the immigration policy as far as New Zealand is concerned - so it is placed at the bottom of the priority pile.?

The first thing that will happen once your application is accepted, is that you will get a letter advising you of this, and certainly at the moment, it will also tell you how long it will be before a Case Officer is appointed to you case. In early 2009 applicants are being given anything from 10 months to 2 years as a guide. We were told it would be 9-12 months at the start of 2008.

Now, I know that sounds awful but bear this in mind: no two applicants get through this process the same way. There is a huge amount of variance in the timescales that people actually have to go through and the ease with which they get through this process. It can be ridiculously unfair and stressful - but hang in there.?

To put this in context, even though we were told a Case Officer would not be assigned for 9-12 months - one was actually assigned straight away, one of the medicals was referred and we were asked to provide some further medical tests within 2 months. So what they tell you isn't necessarily true. (Hmmm - that seems to happen a lot!)

It is quite possible that the Medicals could get flagged as needing some further checks if your parent's health is not perfect. This means that the medical certificates will be sent to a Medical Assessor to be reviewed. If the medical assessor wants more information, you will hear about this from your Case Officer and then you have to get the extra reports that they ask for.

This is where things can get really tricky, as it can take many weeks for the Medical Assessors to review the file and get back to the case officer. The system is a shambles, and if you get unlucky as we did, you could be in for a bumpy ride. On the other hand - other people fly through this process and get accepted really easily. From what I have seen with other people: if the medicals are referred it can take 2-3 referrals before they are happy.?

It took us 6. So we kicked up an almighty stink.

But, despite what immigration may have you think - this is not usual.?

Once you are through that - it is simply a matter of getting a letter of "approval in principle" which will then be followed by a final letter inviting you to send more money to NZIS along with your passports so you can get the coveted blue Visa Stickers.

Helen Winterbottom, aka Avalon is an ExPat Brit living in New Zealand and wondering what the hell happened. After years of posting on forums, helping other migrants with their finance questions - she finallly got around to writing it all down in a book.

Avalon's Guide can be found at http://www.avalonsguide.com/ and Avalon's Blog can be found at http://www.avalonsguide.com/anab for updates and a look at life in New Zealand.

There is no "One True Path" to emigrating.

Emigrate to New Zealand - What is the New Zealand Immigration (NZIS) Complaints Procedure?

What in earth do you do if you are having problems with your application to Emigrate to New Zealand? Who do you turn to for help? Who do you complain to?

Well, in our experience, you could be forgiven for thinking that the Immigration New Zealand (NZIS or INZ) is one outfit you just are not allowed to complain about.?

We searched on Google for "NZIS Complaints Procedure" and found nothing. Nada. Not a sausage. Sure - there was information of complaining about Immigration Consultants - but absolutely nothing on making a complaint about NZIS itself.

The problem is compounded by the fact that if you ask for advice - you will generally be told, "Don't rock the boat". I get the impression that everyone is terrified of what NZIS can do to you if you kick up a stink. And to be honest - you would right to be scared. With so much at stake - it takes nerves of steel to make a complaint and stick to your guns. It is not for the faint hearted.

But did you know that there is an official complaints procedure you can follow?

In four years of reading and posting on forums - it's not something I had ever heard about either - and I think this is a disgrace that no one seems to have been told this yet. We did what most people do: write to the branch manager, contact our MP, and when that fails - write to the Ombudsman.

The funny thing is, the Ombudsman refused to investigate because we hadn't followed the official complaints process! But how can you follow a process that isn't written down anywhere? We asked the Ombudsman's office to tell us where we could find it - only they couldn't find it either. I wrote back to the ombudsman and pointed out the gross unfairness of not investigating complaints on this basis, if as applicants we have absolutely no way of finding out what the process was.

On the basis of that letter - I understand the Ombudsman has now asked the CEO of NZIS for an explanation as to why they do not publish their complaints procedure. Hopefully - they will end their practice of doing everything they can to scupper applicant's complaints - and publish the thing. I think NZIS should be absolutely ashamed of themselves.

Just bear in mind this is for complaints about processing applications. Complaining about a decision not to allow you a visa is a different kettle of fish altogether. The problem we had is that we couldn't even get a decision that said "no" - which meant we couldn't go through the appeals process. If that is your case - then this is the process you need to go through if you can't resolve your problem with your case officer.

For those that cannot wait - here is the official Immigration New Zealand Complaints Procedure:

First - you should write about your complaint to:

Deputy Secretary - Workforce
Department of Labour
PO Box 3705
Wellington
6140

This then triggers a 3-step process:

Step 1: On receiving a complaint, from a complainant, the Deputy Secretary will refer the complaint to the relevant Branch Manager for consideration

Step 2: Where the complaint is not resolved by the Branch Manager, the complainant may write again to the Deputy Secretary to request that the complaint be considered by a regional manager.

Step 3: Should the Regional Manager be unable to resolve the complaint, the complainant may ask the Deputy Secretary to arrange for an independent manager to be assigned to address the grievance.

If at that point you are still not satisfied - then you can take the case to the ombudsman.

Hopefully - most people will never have to use this process, but hey - we did - so if there are others out there who are just hitting brick walls - this is what you really need to know.

I really hope this helps anyone who is faced with a similar situation to us.

Helen Winterbottom, aka Avalon is an ExPat Brit living in New Zealand and wondering what the hell happened. After years of posting on forums, helping other migrants with their finance questions - she finally got around to writing it all down in a book.

Avalon's Guide can be found at http://www.avalonsguide.com/
and Avalon's Blog can be found at http://www.avalonsguide.com/anab for updates and a look at life in New Zealand.

There is no "One True Path" to emigrating.

Emigrate to New Zealand - How to Sponsor Your Parents Part 3 - Medical Assessments Explained

This is something that can cause a huge amount of trauma to applicants trying to emigrate to New Zealand, whichever route they take to get here. I'm guessing that it affects more parent sponsorship applications because generally the applicants are older.

So what is the deal?

Your parents have to be reasonably healthy in order to emigrate to New Zealand. Immigration New Zealand (INZ) has what is called an "acceptable standard of health" that they need to have.

When your parents have their original medicals done, the panel doctor will record any issues or problems, and has to tick one of two boxes:

• No abnormal or significant findings?
• Abnormal or significant findings.

If the second box is ticked - you will almost certainly have the medicals referred to a Medical Assessor (MA). It is worth noting however that, despite what many people believe, having a tick on the "No abnormal or significant findings" box does not mean you have "passed the medical" and that it won't be referred to a medical assessor. It was pointed out to us rather snottily that "Case Officers look at the whole medical certificate in deciding whether to refer a medical: we don't just read the last page."

The medical form says, "A significant finding is one that should be reviewed by the Immigration New Zealand Medical Assessor. Note this is not an assessment of whether or not the applicant has an acceptable standard of health in relation to the Immigration New Zealand standard." (My emphasis)

When a Medical assessor reviews the file they have a number of choices about what to do. They get a 5 page document to fill out and send back to the case officer. The medical assessors can either:

• Ask for further tests and information (they have a whole host of boxes to tick to specify which ones, and plenty of room to make comments).
• Give a favourable opinion (in which case you are home and dry)
• Give an adverse opinion (they think your health is unacceptable)
• Defer the application (this gives you up to 3 months (or 6 months in the case of Pulmonary Tuberculosis) to treat the condition and prove you have improved your health.)

If the Medical assessor says they will not give you a favorable opinion - they need to specify why that is. There are cases that you can read at the Residence Review Board where the Medical Assessor failed to do this - and it can be enough to overturn their decisions. If the Medical Assessors ask for further information - they should be specific. Again, the Residence review board has overturned immigration decisions on the basis of ?"The exceedingly brief comments provided by the Medical Assessor in the Report"?

If you are asked for more information - you can actually refuse to provide it if you wish. You need to let INZ know in writing. This can be useful if like us, you get the run-around for over a year! We also found though, that while INZ staff were happy to repeat over and over that we had the right to do this - they didn't want to accept it when we actually did refuse to get them more information.

If the Medical assessor refuses to give an opinion on your health, then INZ will send the information to another Medical assessor for a second opinion. If the Medical assessor says your health is not acceptable - you have the right to ask for a second opinion as well.

A second opinion is final, so if that also comes up as "unacceptable"- your only choice is to then apply for a Medical Waiver.

It is well worth noting that the burden of proof in this is squarely on the Medical Assessor to show that you have an unacceptable standard of health if INZ want to turn you down. If they cannot prove that, then you are deemed to actually meet the standard required. Again, reading the Residence Review Board cases shows quite clearly that unless INZ shows specifically that you do not meet the standard of health required, a decision not to grant residency can be overturned.

Helen Winterbottom, aka Avalon is an ExPat Brit living in New Zealand and wondering what the hell happened. After years of posting on forums, helping other migrants with their finance questions - she finallly got around to writing it all down in a book.

Avalon's Guide can be found at http://www.avalonsguide.com/
and Avalon's Blog can be found at http://www.avalonsguide.com/anab for updates and a look at life in New Zealand.

There is no "One True Path" to emigrating.

Emigrate to New Zealand - How to Sponsor Your Parents Part 4 - An Acceptable Standard of Health

Your parents have to be reasonably healthy in order to emigrate to New Zealand, and Immigration New Zealand has what is called an "acceptable standard of health" that they need to have.

There are certain medical conditions that are automatically deemed to show that you do not have an acceptable standard of health when you want to emigrate to New Zealand. These are known as Appendix 10 Conditions and are:

• HIV infection
• Hepatitis B surface antigen positive, with abnormal liver function
• Hepatitis C, RNA positive, with abnormal liver function
• Malignancies of solid organs and haematopoietic tissue, including past history of, or currently under treatment. Exceptions are:

1. treated minor skin malignancies (not melanoma)
2. malignancies where the interval since treatment is such that the probability of cure is > 90%, e.g.: early stage (I & IIA) breast cancer at 5 years; low ris k prostate cancer at 5 years; early stage (Dukes A & B1) colorectal cancer at 5 years; childhood leukaemia at 5 years

• Solid organ transplants, excluding corneal grafts more than 6 months old
• Chronic renal failure or progressive renal disorders
• Diseases or disorders such as osteoarthritis with a high probability of arthroplasty in the next four years
• Central Nervous System disease, including motor neurone disease, complex partial seizures, poorly controlled epilepsy, prion disease, Alzheimer's and other dementia, and including paraplegia and quadriplegia
• Cardiac disease including ischaemic heart disease, cardiomyopathy or valve disease requiring surgical and/or other procedural intervention
• Chronic obstructive respiratory disease with limited exercise tolerance and requiring oxygen
• Genetic or congenital disorders: muscular dystrophies, cystic fibrosis, thalassaemia major, sickle cell anaemia if more than one sickle crisis in 4 years, severe haemophilia, and severe primary immunodeficiencies
• Severe autoimmune disease, currently being treated with immuno-suppressants other than prednisone
• In a person up to the age of 21 years, a severe (71-90 decibels) hearing loss or profound bilateral sensori-neural hearing loss
• In a person up to the age of 21 years, a severe vision impairment with visual acuity of 6/36 or beyond after best possible correction, or a loss restricting the field of vision to 15-20 degrees
• In a person up to the age of 21 years, a severe physical disability, where they are unable to stand and walk without support, and cannot independently dress, eat, hold a cup, or maintain their stability when sitting.

So basically - if your parents have any of those conditions: they are not considered healthy enough to Emigrate to New Zealand.

If you don't have any of those conditions - you may not be in the clear yet - as you can also be told your health is not acceptable if Immigration New Zealand (INZ) believe (and more importantly can show) that your health is likely to cost more than $25,000 to the New Zealand Health service.

There are two sections to this bit - one if you have an acute condition (something that lasts a relatively short time and is treatable) in which case they want to know if you will cost $25,000 over 4 years. The other is if you have a chronic condition (lasts a long time, and probably isn't curable - but manageable), in which case they want to know if you will cost the $25,000 over the length of the condition.

If INZ and it's Medical assessors cannot show clearly that you are likely to cost over $25,000 to the New Zealand Health Service, or that you have an Appendix 10 Medical Condition - then you have an acceptable standard of health.

If you are assessed as having an unacceptable standard of health, the your application for residency has to be declined on that basis. Your only option then is to apply for a Medical Waiver. Do make sure though that a second opinion on your Medical Assessment has be sought.

Helen Winterbottom, aka Avalon is an ExPat Brit living in New Zealand and wondering what the hell happened. After years of posting on forums, helping other migrants with their finance questions - she finally got around to writing it all down in a book.

Avalon's Guide can be found at http://www.avalonsguide.com/
and Avalon's Blog can be found at http://www.avalonsguide.com/anab for updates and a look at life in New Zealand.

There is no "One True Path" to emigrating.

No License, No Service

As an HR professional, how many times have employees asked you for assistance in renewing a driver's license? Believe it or not, this question comes up often with foreign workers in the U.S. Although it is not a requirement that a driver's license be valid if provided in support of Form I-9 for employment eligibility verification, an expired license can result in the inability to drive and potentially the inability to work.

Most states require that applicants for driver's licenses establish both identity and legal presence. The list of acceptable documents varies by state. Check with your local motor vehicle department for a complete list of acceptable proof of identity and legal presence.

In some states, a driver's license for a foreign national will be issued only for the duration of that person's legal stay in the U.S. So what happens when the legal stay expires while a request for an extension is pending? We see this issue frequently with the increased processing times for extension petitions, even in cases where an extension is filed on the earliest possible date.

One option is to use the expedited Premium Processing service if this is available for the type of extension requested (including, but not limited to, H-1B, L-1, TN). This raises the issue of who should bear the cost of the expedited service ($1000). If the license is not a requirement for job performance, this is a cost that the employer may request that the employee bear.

If the foreign national has a valid Advance Parole travel document, one option for that employee is to have her exit the U.S. and reenter to obtain a new I-94 arrival/departure card. The new I-94 card should reflect an expiration date of at least one year from the date of entry. If a valid I-94 card is acceptable proof of legal presence (and it is in most, if not all states), she will be eligible to renew her license for a one year period.

Having a valid driver's license is important for most everyone, not only for the purpose of mobility but to also establish identity. Navigating the rules for driver's license eligibility can be confusing. If you have questions about driver's licenses for foreign workers, please contact an immigration attorney.

The above information is provided for informational purposes only. The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys. An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. http://www.szelaw.com, in Woodbridge, Virginia. He is the senior attorney in the firm's Business Immigration Section. He has practiced law for over 20 years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com or (703) 494-7171.

How We Can Apply For A Denmark Green Card

Danish Green Card: Denmark's point based Immigration scheme

The United Kingdom, Canada, Australia, New Zealand and Denmark welcome skilled professionals against Points based immigration systems. Denmark Green card holders get a three-year residence permit for the purpose of seeking work, and subsequently living and working, in Denmark. A residence and work permit under the Green card scheme is issued on the basis of an individual evaluation using an immigration point system designed to assess the likelihood that the applicant will be able to find qualified work in Denmark. Points are given for educational level, language skills, work experience, adaptability, and age. Program offers bonus points to the immigrant applicants who have worked in EU or have earned European educational qualification. Only applicants whose occupations are in shortage in Denmark and are mentioned in the positive list can apply for Danish Green Card.

Immigration Denmark Green Card- Accompanying spouse and children

If you hold a permit under the Denmark Green card scheme, your spouse, registered partner or cohabiting partner, as well as any children under the age of 18 who are living at home with you, are also eligible for residence permits. Your family members must be able to support themselves and you must live together in Denmark at the same address. Your spouse, registered partner or cohabiting partner is allowed to work full-time for the entire period his or her permit is valid.

Immigration Denmark Green card - Duration

A residence permit under the Green card scheme can be granted for up to three years with a possibility for extension of up to four years. Your residence permit can only be granted or extended up to three months before your passport expires. This means that if your passport expires in 12 months, you can only be granted a permit for nine months, or your permit can only be extended by nine months.

Immigration- Denmark Green Card Extension

Your residence permit can be extended by four years if you have worked for the past 12 months for a minimum of ten hours per week. Your residence permit can be extended by one year if you have lost your job through no fault of your own (e.g. due to cutbacks) no more than three months before applying for an extension, and if prior to this, you worked for 12 months for a minimum of ten hours per week.

Denmark Green Card- processing delays

Denmark green card carries a processing delay of 30-60 days from the date of filing the complete application with all required documents. An application for a Denmark Green card residence permit is considered complete if the Immigration Service does not need to request CIRIUS - a body under the Ministry of Science, Technology and Innovation - to evaluate the applicant's educational level. CIRIUS is normally requested to evaluate an application if an applicant who attended a foreign educational institution has not included a CIRIUS evaluation as part of the application. Once CIRIUS has provided its evaluation, the application will be considered complete and processed within one month. The Immigration Service will inform applicants whose applications have been sent to CIRIUS for review.

Denmark Green Card - Required documents

* Translation: ANY document that is in language other than English and forms part of the application should be and is requited to be translated by a locally state or city authorized translator. He will translate and attest the translations to be true and also provide his registration certification copy as an authorized translator.

* A copy of passport of all family members who are part of the application is required. The copy should include COVER of the passport and ALL pages of the passport.

* Documentation of educational level (diploma, examination certificate): Please note that documents provided should include all degrees/diplomas and mark sheets. They are required ONLY for post senior secondary qualifications, which will means graduation, post graduation and doctorate. In addition, it is required that applicant provides the Full address, email and phone number of the educational institution. The applicant should also provide name, phone and email ID of two officials of the Educational institution.

* Documentation of work experience (statement from previous employer); this will be reference letters from employers that contain all relevant details like date of joining and relieving, designation(s), duties and responsibilities- on the lines it is required for Australia and Canada.

* Documentation of language skills (diploma, test results and/or statement from previous employer).

* Documentation that you can support yourself during your first year in Denmark. This can be provided in the form of a bank statement in your and if married, in spousal name.

The currency of Denmark is Danish Krone (Dkk) and 1 Dkk is around INR 9.20.The form of government is a parliamentary democracy with a royal head of state. Denmark is a developed industrialized country. Denmark is a member of the European Union. The population stands at c. 5,511 million and 85% of the population lives in towns.

This article has been contributed by Ajay Sharma, principal Immigration consultant of ABHINAV.

ABHINAV is among the oldest and most trusted Immigration consulting companies in India and in business since 1994. Over the years, ABHINAV has guided thousands of prospective immigrants and families in achieving their relocation dreams.

For more information on immigrating to Denmark as a skilled worker, please see the Denmark section of our website.

What You Need to Know About the K-1 Visa For Your Thai Fiancee

If you are fortunate enough to come across the woman of your dreams in the Land of Smiles and would be eager to take the next big step-marrying her and bringing her back to the United States-then you will need to file an application for a K-1 Visa.

The K-1 Visa enables you, as an American citizen to take your Thai fiancee to the United States with the intention of getting married there. This type of visa is valid for 90 days upon your fiancee's arrival in the United States and is generally the preferred choice among the US Visas.

ADVANTAGES OF THE K-1 VISA

The K-1 Visa usually involves a shorter processing time than its other US Visa counterparts, taking only an average of 4-6 months from the date of filing the application. With a K-1 Visa, your Thai fiancee will also be able to apply for a Work Permit in the United States by filing a Form I-765. Moreover, your fiancee's unmarried children under the age of 21 can also be brought to the United States with the K-2 Derivative Visa, which will be issued at the same time as the K-1 Visa is approved.

K-1 VISA BASIC REQUIREMENTS

?In order to be able to apply for a K1 Visa, you should be able to meet the following standard requirements:

1.?You must be a United States citizen

2.?You must have met your Thai fiancee at least once during the last two years. Further evidence of your romantic relationship, such as emails, phone calls, online chat transcripts, photos, etc will be required to be submitted as part of the application as well.

3.?You and your Thai fiancee must be able to pass a criminal record check

4.?Your Thai fiancee must be able to pass a medical exam

5.?You and your Thai fiancee must both be single and free to marry

6.?You must be able to meet the financial requirements of the K-1 Visa application, which is designated at 125% of the poverty line.

7.?You must have the intention of marrying your Thai fiancee within 90 days upon her arrival in the United States.

WHY HIRE A THAI LAW FIRM?

Filing and processing the application for a K-1 Visa will entail a lot of paperwork, time, and effort liaising with legal authorities both in the USA and in Thailand. Therefore, it is advisable to engage the services of a reputable Thai law firm to assist you with your K-1 Visa application. Apart from providing you with legal advice that will prove helpful to you as you proceed with your application, your Thai fiancee will also benefit greatly from retaining the services of a law firm in Thailand as the firm can coordinate with her regarding additional requirements as well as train her for her upcoming visa interview.

SUMMARY

The K-1 Visa is the fastest and most efficient way for you to be able to marry your Thai fiancee within 90 days upon her arrival in the United States. You and your Thai fiancee must be able to meet several requirements to be able to apply for this type of US Visa, such as medical and financial requirements, among others. You will also need to have met at least once in the past two years and must present proof of your ongoing romantic relationship. It is best for you to retain the services of an efficient Thai law firm to assist you with your K-1 Visa application, as they can assist you in every step of the process and provide you with quality legal advice as well.

Belle Baldoza works as a Business Correspondent for Siam Legal International, Thailand's largest legal service network with offices in Bangkok, Phuket, Pattaya, Hua Hin, Chiang Mai and Samui. The firm has international locations in London and Los Angeles. Siam Legal is a full-service law firm and provides a wide range of legal and visa services. Visit Siam Legal on the web at http://www.siam-legal.com

10 Things You Need Know If You Are Having Problems With New Zealand Immigration

In our dealing with NZIS regarding my parents' residency application we had to go through a nightmare making a complaint. There was absolutely no help available, and no information from other people who had gone through the same thing. So I thought a quick run down of some of the (painful) lessons we learned would be useful- in the hope that it makes it easier for others.

1. Research.
Get ready to do a lot of work on the Internet. There is a lot of information out there that can help you. Much of it is hard to find, so stick at it.

2. Download the NZIS Operations manual and read it.
You need to know exactly what the NZIS staff are supposed to do. It is a useful reference for applicants - not just for the staff.

3. Get to know your way round the decisions of the Residence Review Board.
It is fascinating - and clearly shows the incompetence and inappropriate behaviour of NZIS in all branches. It is well worth saving copies of any decisions made about cases similar to your own. Not only can you then reference these in any formal complaint - but they can out your mind at rest if someone has been in the same position as you.

4. Keep meticulous records of any and all conversations you have.
Dates: Times: People: Content. Keep as much detail as you can. It is worth keeping the following as a minimum:

• A timeline of all correspondence.
• A spreadsheet of all Medical test results if this is where you are having problems.

5. Try to keep all communication to email if you can.
If you make a phone call - follow it with an email detailing the contents of the conversation. If you have a meeting with someone in person, take notes and again - follow it with an email. This is vitally important in case you need to prove something later. If the recipient wants to disagree with your version of events - this is their chance to do so.

6. Keep hard copies of all emails and documents to hand in case you have a face-to-face meeting.
We found it easiest to number each document, and reference them by the number in the Timeline. We also used small post-its as tabs so we could easily find any piece of paper. It's nice to be able to whip out a copy of an email when you need it. We had over 70 separate documents to keep track of - so we had to do something!

7. Be accurate in any correspondence relating to your case.
There is no room for wishful thinking or exaggeration - you will need to be able to back up any claims you make with hard facts. Also - if you make sure you do this - it is easier to spot when NZIS say something that isn't accurate.

8. Get ready for a bumpy ride.
It can be painful making a complaint against NZIS. Whether they are supposed to or not, NZIS staff may treat you like the enemy. And it appears to be a well known principle that if you make a complaint - they will start making life very difficult for you.

9. Understand the correct complaints procedure.
This is a 3-step process kicked off with a letter to the Deputy Secretary of the Department of labour. It is well worth trying to sort any issues out with your case officer - but failing that - escalate it via this process.

10. Don't give up.
If you know that you have passed all the requirements set by Immigration New Zealand, and that the problem is one of process and unfair handling of your case - then it is worth fighting for.

Helen Winterbottom, aka Avalon is an ExPat Brit living in New Zealand and wondering what the hell happened. After years of posting on forums, helping other migrants with their finance questions - she finally got around to writing it all down in a book.

Avalon's Guide can be found at http://www.avalonsguide.com/ and Avalon's Blog can be found at http://www.avalonsguide.com/anab for updates and a look at life in New Zealand.

There is no "One True Path" to emigrating.

Marriage Visas Are Granted to Couples Who Have Proven Their Worth to Live in the Country of Choice

Love moves in mysterious ways. It encompasses gender, boundaries and even geographical location. Thanks to the internet, nothing is impossible now. However, there are rules that people still have to follow especially when they have proven their love and they want to be together. So even if you get married in a foreign country, the couples still have to get marriage visas for the one who is not a resident of the country where they want to reside in. It seems so easy but it is not. Love does not conquer all after all. Foreigners need to do it the legal way.

What does it take for the marriage visa to be approved? The sponsor should be able to establish financial stability, the ability of the sponsor to financially support the spouse. The couple should be able to prove that they are in deed in love and their marriage is due to that reason and not a business partnership. There are actually some proven cases wherein people have gotten married just to obtain a green card. We all know that the grass is always greener at the other side so people have taken advantage of the issuance of marriage visas.

If your and your spouse are in love and want to be together, be patient and visa consuls will see if your love and your relationship is genuine enough to warrant your partner a marriage visa. All you got to be is patient and both of you will eventually be together.

Cheryl Forbes owns and operates the website http://www.visas-for-marriage.com

The Process of Immigration and Nationalization For Foreigners

Immigration and Naturalization for U.S. residents from other countries is a long and painstaking process. First, in order for a foreign national to establish residency in the United Sates, the foreign applicant must be sponsored by an upstanding citizen of the United States and be someone that has a personal knowledge of the applicant. The sponsor can be a relative, employer or hold political office as long as he or she does know the applicant.

Typically, after filing the appropriate paperwork to establish residency a federal background check is conducted, including fingerprinting and photographs of the applicant. It takes a minimum of six months for the background check and filing to be processed before a foreign national is granted residency and issued a green card, giving permission for them to stay in the United States legally. Green cards are now issued with five year expiration dates, at which time resident aliens, as they are referred to, must submit another application for permission to renew a green card.

For a resident alien to take out citizenship in the United States they must first be a legal resident for a period of five to seven years and submit a request to the Justice Department, that oversees the immigration and naturalization of foreign nationals. Each application has an accompanying fee and must be filed with an original birth certificate and social security number and an original photograph of the applicant.

Once the submitted paperwork is processed, another fingerprint check is submitted for an F.B.I. background check. This process takes a minimum of six months or longer to complete at which time the applicant is contacted via mail to report to a scheduled interview where an immigration and naturalization service, INS, officer asks a number of questions regarding U.S. history and the establishment of the U.S. government. Interviews are scheduled at least two months from the time the letter announcing the interview is received.

After successfully completing the interview the resident alien again a waits a letter announcing when and where they are to appear in federal court to be sworn in as a naturalized U.S. Citizen and renounce any allegiance to their homeland or country of origin. From start to finish the process for a resident alien to become a naturalized citizen can take up to one year of longer. Immigration attorneys give specific legal advice to their clients to assist them in the processes of establishing legal residence within the United States and aid in the preparation of documents for submission to the INS.

Looking for a practicing immigration attorney in Santa Ana, CA? Visit http://immigrationlaws.com Billings Farnsworth is a freelance writer.

Attention All Green Card Holders!

The Department of Homeland Security has approved new regulations expanding the scope of the US-VISIT program. Effective January 18, 2009, all permanent residents entering or exiting from an air or seaport in the U.S. will now be subject to providing 10 fingerprint scans, photographs and other biometric identifiers.

The US-VISIT program has been in effect since 2004 and has been applied to visitors and non-immigrant's upon their entry and/or exit from the US. Beginning January 18, 2009, all permanent residents entering or exiting from an air or seaport in the U.S. will be subject to the new requirements. Those traveling by land, may have a brief reprieve and will only be required to provide fingerprints if you are referred to "secondary inspection", according to the Department of Homeland Security. At this time, not all land ports of entry have ten-fingerprint scanning capability, but this is expected to change within the next month. The bottom line is that those subject to US-VISIT should be prepared for potential delays in travel.

On a practical note, it is very important for lawful permanent residents who have any criminal convictions to be aware that this information will likely be detected during the US-VISIT exit and re-entry. If you fall into this category, you will need to be prepared to present substantial evidence to prove that you should be legally admitted back into the US. There is no guarantee that you will be admitted and as such, it is imperative to consult with an immigration attorney prior to your departure.

The above information is provided for informational purposes only. The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys. An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C.(http://www.szelaw.com), in Woodbridge, Virginia. He is the senior attorney in the firm's Business Immigration Section. He has practiced law for over 20 years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com or (703) 494-7171.

Visa Waiver Anyone?

If you're from a country that participates in the Visa Waiver Program (VWP), and you plan to travel on a visa waiver, you will now need to plan ahead. No more jumping on a last minute flight to the U.S. The Electronic System for Travel Authorization (ESTA) program is now mandatory.

On January 12, 2009, the Department of Homeland Security (DHS) implemented the ESTA program that now requires all Visa Waiver Program (VWP) participants to obtain prior approval to travel by air or sea to the U.S.

To apply for ESTA, you will need to log on to the web-based system and complete an application. The information collected will be used to check your criminal background and your eligibility under the VWP.

The applicant process is straightforward and ESTA will make a decision almost immediately regarding your eligibility for travel under the VWP. If you are denied ESTA, you will receive a message advising you to log on to the travel.gov website to obtain information on seeking a visa to the U.S. If your ESTA application isn't approved you may not be allowed boarding under the VWP and/or denied entry into the U.S. So it's important that you register with ESTA early to avoid any travel delays.

The above information is provided for informational purposes only. The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys. An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C.(http://www.szelaw.com), in Woodbridge, Virginia. He is the senior attorney in the firm's Business Immigration Section. He has practiced law for over 20 years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com or (703) 494-7171.

OPT and the STEM Extension - What You Need to Know!

If you're like most people who are involved in immigration, you may in some way play a role in the April 1, 2009 H-1B filings. No matter your role, be sure to keep in mind that some candidates for H-1B status will also be eligible to extend their employment authorization in the U.S. as a result of changes to the law implemented last year. This article is offered to provide an overview of the changes in the law, assist you in identifying individuals who are eligible for an extension of employment authorization, and provide you with some guidance in preparing the extension applications.

It's well known that undergraduate and graduate foreign students in F-1 status earning a degree from a U.S. university are eligible to request a 12 month period of Optional Practical Training ("OPT") upon completion of the degree program requirements. This period of OPT allows students to work in the U.S. to gain practical training that complements their studies. Many students use this period of OPT to work and search for a permanent position in the U.S. If a permanent position is found, a student is then faced with the challenge of changing status to another visa category that allows for longer periods of employment. The option most often selected is the H-1B non-immigrant visa category.
On April 8, 2008, the Department of Homeland Security published regulations to allow students receiving a degree in a Science, Technology, Engineering or Math ("STEM") field to apply for a 17-month extension of OPT. To be eligible, the student must provide evidence that a Bachelor's or higher degree in a STEM field was earned and that an offer of employment exists with an employer participating in the government's E-Verify system. It's then expected that the student will apply to change their status (i.e. to H-1B) within the total 29 months of OPT (initial 12 months + 17 month extension).

If you're involved in the process of filing an application for a STEM OPT extension, there are a number of issues that need to be considered. In general, the following must be considered prior to submitting an application to the U.S. Citizenship and Immigration Services ("USCIS") Nebraska Service Center:
? Is the application filed before the current standard OPT period expires, but no more than 120 days from the current standard OPT expiration date?
? Have all degree requirements been met?
? Have you included a copy of the current Employment Authorization Document?
? Have you included a copy of the Form I-94 Arrival/Departure Record?
? Have you included a copy of the SEVIS I-20 form?
Is the I-20 form endorsed within the last 30 days by the Designated School Official on pages 1 and 3?
Is the I-20 form signed by the student on page 1?
Is the start date listed on the form 1 day after the current standard OPT ends?
Is the end date listed on the form 17 consecutive months from the start date?
? Have you included a copy of the degree?
? Have you noted "C,3,C" on Line 16?
? Is the Classification of Instructional Programs ("CIP") code for the degree listed properly? CIP codes can be found at nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2002165. The list of CIP codes eligible for STEM extensions can be found at www.ice.gov/sevis/stemlist.htm.
? Is the employer's name listed exactly how it is listed in the E-Verify registration?
? Is the E-Verify Identification Number listed properly? This number is 5-6 digits long and is not the employer's tax ID number.
? Have you included 2 passport-style photographs of the applicant?
? Have you included a check for the proper filing fee payable to "Department of Homeland Security"?
Most people will tell you, from experience, that it only takes one uncrossed "t" or undotted "i" to have an application rejected by USCIS. It's critical that the application be properly prepared and submitted. Mistakes can cause unnecessary delays in getting work authorization approved. Delays in work authorization approval can lead to missed employment opportunities or even financial distress. The checklist above will help you submit an organized application, making it easier for USCIS quickly turn around a decision.

Szabo, Zelnick & Erickson, PC has been providing expert business immigration services to HR professionals for more than a decade. Our goal is to provide legal solutions that work for your business. Our immigration professionals have the experience and background to understand what HR professionals need to make life easier.

The above information is provided for informational purposes only. The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys. An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C.(http://www.szelaw.com), in Woodbridge, Virginia. He is the senior attorney in the firm's Business Immigration Section. He has practiced law for over 20 years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com or (703) 494-7171.

A Few Challenges Facing Canadian Immigrants

Contemplating a new life in Canada? You are not alone. Almost a million people moved into Canada legally in 2004 alone and hundreds of thousands more have their applications pending. Canada is one of the Western countries that admits the most immigrants next to the United States. The immigrants are lured by the high standards of living which stem from low crime rates and a sound economy. Once you get to Canada, what are you likely to expect?

Seventy percent of all new immigrants into Canada report little hassles settling in. Many already have friends and family in Canada who help them assimilate. If not, there are many immigration advocacy groups that help newcomers make the transition. Most of the new arrivals find work in less than a year. This can be work in almost all fields and sectors of the economy.

It has also been reported that most immigrants, almost 90 percent, tend to flock with their own ethnic groups. Because Canada is a multi-ethnic society, much like the United States, new arrivals quickly find their own countrymen already established. Many also bridge the cultural divide and establish new friends among other ethnicities.

Weather Barrier
One of the major impediments to getting settled was the weather. Canada boasts some of the coldest winter months in the entire Western Hemosphere. This is because of the continent's close proximity to the Arctic circle and North Pole. This problem is compounded by the fact that many immigrants to Canada come from the tropics where the weather is relatively warm all year round.

Qualifications
While it is true that the Canadian immigration system only desires to legalize people who have formal skills, there is stiff competition for jobs in Canada. This is because Canada has one of the highest literacy rates on the planet. If one is seeking menial jobs, these are plenty in Canada. But if one desires to advance higher to the blue-collar corridors, then one has to be well educated and have skills and experience. Newcomers may only have a rudimentary knowledge of an advanced economy's inner workings and this can hinder assimilation.

Language
English and French are the predominant languages in Canada. French is especially dominant in some states such as Quebec. While immigrants coming from French-speaking lands such as some West African states would have no problem, this may not be the case with English-speaking migrants. One may find themselves enrolling either in English or French classes before fully being assimilated into the Canadian workforce.

Irene James is a consultant and an expert in Canadian immigration and she recommends easy steps to immigrate to Canada

Imigration DNA Testing Gets Positive Results

While there are numerous kinds of DNA testing that are available through sites like the ones here, there are some that have less of the public's attention than others. While everyone seems most familiar with the standbys like paternity testing, there are other variations like Immigration DNA testing that serve a great purpose in reuniting families that have been separated when one member immigrates.

First Things First

First of all, there are several things that you'll need to know about the process of DNA testing in general if you want to have a rounded view of what this science that has spawned the likes of paternity testing and even Infidelity DNA Testing is all about.

DNA is the material that governs who we are and what we look like. It's all about our inherited eye and hair color as well as things that we can't even see like bone density. As for the DNA itself, it's long and stringy and each of our body's cells contain a complete sample of that person's DNA. The codes that make up each of our DNA samples are unique to each of us so that reading someone's DNA means that you'll be able to identify them.

Implications.

And because these codes generally get passed on through the sperm and the egg, it's easy to identify members of a specific family by their DNA. That's the basis where modern DNA testing comes into play. The implications are staggering.

Beyond the scientific tests that are common like paternity testing and forensics testing, this science has branched out to include Immigration DNA testing when it became apparent that there would be a need after an immigrant petitions to have family members follow. And of course, these tests are precise and they need to be carried out in an accredited laboratory with all the modern amenities.

Positive Results

And here's the place where you'll get the positive results that are essential for these kinds of tests. Paternitydirect.com has a laboratory that has over 25 years of experience in all kinds of DNA testing including paternity testing and Immigration DNA testing. When you find that you need the services of a reputable place that can get you the services that you need, you'll want to see that the firm you're looking at has all the necessary features in place to make the whole process as efficient as possible.

Patricia Denny is an expert when it comes to all forms of DNA testing that includes Immigration DNA testing. She's been working with paternity testing for years as well.

What is This So-Called Non-Immigrant Visa That is Part of the US Immigration System?

Did you know the E-3 visa, J-1 visa and H-1B visa are all non-immigrant visas so anyone who enters the US under this visa is considered a Non-Immigrant and NOT an Immigrant?

The United States deems most foreigners actually who come legally to the US "non-immigrants" which is almost a subtle and psychological ploy to both demean and demonize these people from the beginning.

So What Is A Non-Immigrant and Non-Immigrant US Visa?

A non-immigrant is anyone who had to establish before coming to the US that their permanent residence is outside the US and that they intend to return back to their home nation after the temporary stay is over.

This means non-immigrants includes tourists, and as mentioned above also includes people holding E-3 visas, F-1 visas, J-1 Visas, TN visas, H-1B visas, etc. All of these people have to prove to their US consular officer that they have strong ties to their country of residence and intend to return home at the end of their US visa period.

The H-1B visa and L-1 visa, have what is known as a dual-intent provision which basically means they can apply for permanent status via their employer while on their non-immigrant status.

So what constitutes Strong Ties?

There is no set definition and the practical workings of this seem to differ greatly by person home and birth nation and sometimes heritage as well. (i.e. A British person has less to prove that someone from Lithuania that they intend to return home seemingly for no other reason than their passport)

Strong ties can be;
- close family members in the home nation
- bank accounts established at home
- property ownership/ cars/businesses back at home, etc.
- Other strong reasons why one would want to return home

As I said the burden for someone to prove this at their consular interview is really dependent on where they come from and sometimes how strict their assessing consular officer may be.

As per the law, it is up to the foreigner to prove these strong ties at the discretion of the consulate as to not too in their eyes, despite all you paperwork being legitimate and fine, you can still be denied a non-immigrant visa under condition 241(b).

It is possible to re-apply for a non-immigrant visa if you are denied based on condition 241 (b), however you must show further different evidence of your strong ties to your home country of residence.

CJ helps demystify the complex US Immigration system for all foreigners seeking a new life in the United States

E-3 Visa & H-1B Visa Rumors Say People Are Being Sent Home at the US Border - We Reveal the Truth!

With H-1B season upon us after April 1, 2009 for visa petition filing and the US economic woes causing both legal and illegal immigration to be a political and media issue there are many rumors flying around.

One of the more recent rumors for H-1B visa but also E-3 visa, L-1 visa and J-1 visa holders has been that they have been turned back at their Port of Entry (POE) in the United States despite having all the necessary paperwork and legitimate documents.

The rumor follows that the Immigration officer at the POE asks the employer about their US work visa and then goes on to call the employer. They are supposedly asking the employer as to whether the job filled by the foreign worker could be filled by a US citizen or green card holder (permanent resident). Upon being told by the employer that this is possible, the foreigner is told they are not allowed to enter the US.

Many foreigners have become scared at this rumor and particularly Indian workers who may have gone home for a brief vacation and come back finding they are the prime targets of vicious lies and hate spread by the media and politicians.

The truth is the only instance where someone would be turned away at the Port of Entry is if their documents had some irregularity or were found to illegitimate in some way.

Imagine if you arrived at JFK Airport in New York at 10pm at night, and the customs official checking your documents at the airport contacts your manager at home to ask whether they could hire a US worker instead. It is ludicrous and it is not the job of the Immigration officer to make policy decisions but to follow the regulations.

In any case if there was a problem with your documents you are not immediately put back on a plane, you are held in a room at the airport for 24-48 hours while officials check your documents and background. They will also contact the embassy/consulate where you received your visa.

I hope this helps rest the fears of many foreigners fearful by a new wave of attacks on there very small list of rights.

CJ gives advice about the US Immigration system to people who want H-1B and E-3 Visas so they can live and work in the USA.

American H-1B Visas Come With Plenty of Restrictions

Take heart, skilled foreign workers. If your temporary U.S. H-1B Visa has lost its appeal, there's always Alberta. In fact, the immigration website for Albert, Canada, is advertising the province as an alternative, permanent home for workers frustrated by their temporary U.S. H-1B visas and their myriad of restrictions. Canadian employers might well be more welcoming than those in the United States even if workers aren't granted temporary visas.

H-1B, the non-immigrant, temporary status given to individuals in a "specialty occupation or profession" is difficult to qualify for, and in the end, it's temporary.

Aliens (persons from other countries, not extraterrestrials) seeking an H-1B visa need to have completed a Bachelor's Degree program, and if they're from India, Pakistan, or several Asian Rim nations, they'll need a Masters Degree. H-1B applicants will require licenses if the profession they're in requires one. The number of new H-1B's granted in a fiscal year is "capped" at 65,000. Potential employers of an H-1B worker must deal with stringent Department of Labor restrictions and write a detailed recommendation letter for each H-1B skilled worker. If an employer hires a significant number (more than 51) of H-1B workers, the employer is classified as a "dependent" employer and ends up with an avalanche of red tape. Finally, if an employee is actually granted H-1B status, it's only for three years (although in rare instances it can be renewed for an additional six).

In March 2008, the New York Times reported on the difficulty U.S. companies face in obtaining the elusive three-year H-1Bs to bring in adequate numbers of skilled workers. "In 2007, the (Department of Immigration) agency received enough petitions to cover the annual quota (capped at 65,000) on the first day applications were accepted. About half of the total petitions filed were rejected because the supply of visas had run out."

Plenty of companies are complaining because they can't get visas for all the highly educated skilled workers they want to acquire. Skilled foreign workers are even more frustrated. According to Jai B., a doctoral candidate from India's Punjab region denied an H-1B visa on three separate occasions since April 2007, "The American system does not reward honesty in any way. The truth is, if we were able to leave our home country to come into the U.S. or any other nation, it is because we have a spirit of excellence and we are not quitters or narrow-minded. We want to be assets to the U.S. economy. Unfortunately, we are not regarded that way by U.S. officials."

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an immigration lawyer in Houston Texas, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Indians & the H-1B Visa Are Facing Their Greatest Challenge Today and We Reveal the Fight Back

The H-1B Visa system and India are inextricably linked as in some year Indian citizens have made up about 60% of the 65,000 cap issue

As was recently reported in the Washington Post, according to the Ministry of Overseas Indian Affairs in New Delhi. Worldwide, Non-Resident Indians send home more than $30 billion a year, which constitures about 3% of India's GDP, the International Labor Organization estimates. Approximately 2 million NRIs live in the US.

In terms of overall immigration, India is third behind Mexico and China for immigration to the US.

Additionally in recent years, about 70% of the top 10 companies who sponsor the annual H-1B visa are Indian founded and head quartered companies with offices in the US.

So you can see just from this alone the connection between India and the US is extremely strong as far as US Immigration is concerned. This is also why the Indian Government lobbys strongly both the Bush Administration previously and the current Obama Administration to maintain the H-1B program. Moreover they want it scaled back up to levels at the start of the decade where there were 195,000 H-1B visas annually.

Additional lobbying is coming from Indian Corporate and powerful Immigrant groups direct to US politicians to establish the importance of the H-1B visa program.

With elections coming up this is a hot bed issue in Indian politics so what are they stating to further justify their cause in the face of a hostile media and bordering on racist politicians in the US blaming immigrants for US economic and job loss ills.

Well the argument they have to counter is organizations like the IEEE previously have drawn connections between the H-1B program and the unemployment rate for engineers. For instance, in 2003, when the visa cap was still at 195,000, the unemployment rate for computer software engineers was measured at 5.2%. But in November 2004, the IEEE said that unemployment among software engineers had shrunk to 3.3%, a decline it attributed to the lowering of the H-1B cap.

However this argument is countered by the fact Immigrants founded more than half of all the Silicon Valley start-ups in the past 10 years. These immigrant founded U.S. technology companies employed over 450,000 workers and grossed $52 billion in 2005 alone according to Vivek Wadwha from Harvard.

Google, eBay, Intel and PayPal are all examples of companies founded by Immigrants to the US which are now household brands and responsible for millions of direct and indirect employment bring billions of dollars of wealth to the US and its people

Immigration experts say shutting out the talent from abroad will only hurt U.S. competitiveness in the long run. The next Google or Silicon Valley will be in Bangalore or Beijing according to Vivek Wadwha due to the current loss of talent.

Furthermore US heavyweights like Bill Gates of Microsoft fame have called for the H-1B visa quota to be 500,000.

Already countries like Canada, Singapore and Australia have created fast track programs to hopefully attract these types of entrepreneurial and hard working immigrants away from the US.

So for the many Indian students and other potential immigrants desperately applying for jobs and in some cases having employers submit H-1B visa petitions on April 1, 2009 for FY2010, it is a hope that the US again realizes the value of the Indian and foreign worker to their society and culture.

CJ helps foreigners understand the US Immigration System so they can live and work in the USA on visas like H-1B or E-3 and even Green Cards.

The Myth About Chain Migration

Chain migration is a term often implied in the case of Mexican immigrants and other Latin American countries, although not limited exclusively to those relatively-favored nations. Among Hispanic peoples, the idea of extended families has always been in vogue and entails great significance, as relatives by marriage, cousins, and siblings are all appreciated as "family," an unofficial status that implies emotional charge ranging from affection to the contempt bred by familial intimacy that only a rule-breaking family member can engender. Although extended families are undergoing a revival of sorts in the currently dismal American economic climate, U.S. nuclear groups tend to be more isolated, with family ties often severed when the parents of children die, if not before this occurs.

In Mexico, Uncle Pedro and Aunt Elisa and Cousin Felicia, a third cousin by marriage to Cousin Narciso, tend to be equally treasured. The new life desired in the U.S. is something to be shared if at all feasible or possible, and so the phenomenon known as chain migration takes place. Unfortunately, in the political and economic climate that comprises the U.S. of 2009, this phenomenon is in jeopardy.

It's just not permitted, whether or not it was ever encouraged, however tacitly. The excuse is current backlogs, but the reality is a loss of control over the persons being allowed to immigrate. The backlogs impose prohibitive waiting periods on citizens and green card holders attempting to petition for a family member, however close or distant.

According to the April 2009 Visa Bulletin, Mexican spouses and minor children of lawful permanent residents have a current estimated wait of greater than 7 years. For other countries less-favored than the closely-proximate Mexico, waiting times can approach the absurd: for instance, siblings of U.S. citizens from the Philippines must wait 22 years and 6 months.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an immigration lawyer in Houston Texas, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com

Thai Marriage - Visa Application Inside Thailand

Ordinary expats in Thailand wishing to extend their stay in the kingdom may find it difficult fitting themselves in the various Thai visas offered by the Thai government.? However, those who are married to Thai locals have got little to worry about.

Marriage Visa in Thailand

Immigration privileges are among the countless benefits of being married to a Thai.

A foreign spouse of a Thai national is entitled to apply for a Thai marriage visa aka Non Immigrant Category O visa. This particular Thai visa can be applied for immediately after marriage, subsequently allowing the foreign spouse a renewable yearly stay in Thailand. Fortunately, the process for the Thai Marriage Visa application is rather straightforward and the requirements are quite minimal.

The most important requirements when applying for a marriage visa to Thailand are; you are married to a Thai national and you or your Thai spouse is financially capable of supporting your stay in Thailand. To prove your on-going marital relationship with your Thai spouse, you have to show the original of your marriage certificate and have your Thai spouse accompany you when submitting the visa application as the visa officer will be interviewing her about your marriage. This is especially required when doing the visa application inside Thailand. On a positive note, medical certificate and police record are no more required when Thai Marriage Visa application is done in Thailand.

Financial Requirements

As far as the financial requirements for marriage visa in Thailand are concerned, there are two ways to meet them. One is to open a bank account, deposit 400,000 Baht into it and then wait for at least two months prior to making the Thai marriage visa application. The 2nd option is to show a proof of 40,000 Baht monthly /pension income. To do this, you need to obtain a pension/ employment letter stating your job or source of your pension and monthly income. This you bring to your embassy in Thailand for verification. Your embassy in turn will provide you an affidavit of income which you use for the visa application. In addition to this document, you may be required of your income tax and latest bank statements by the Visa officer. In case you don't qualify for the income requirement but your Thai spouse is, she can just as well handle the financial requirements. She just needs to present employment letter and income tax if she's employed and business registration certificate, balance sheet and business tax if she's self-employed.

Application Process

The actual application procedure is simple. An applicant who has 21 days left in his/her current visa can apply a 90 day visa initially then have this visa converted into One year Marriage visa before it expires. Those who have non immigrant Thai visa can proceed to visa conversion directly as soon as their visa is due to its expiration. You and your Thai spouse can go to the nearest Thai immigration with your documents to proceed with the visa application.? Those who are not qualified to do the Marriage visa application in Thailand because of their invalid current visas can go to bordering countries to secure new entry visas and then apply marriage visa in Thailand as appropriate.

Summary

Obtaining the Thai marriage visa can be accomplished by following the guidelines outlined above.? If you have yet to marry your Thai fiancee you should research the laws and procedures for Marriage Registration in Thailand for your respective nationality.

George M. Londob works as a Business Correspondent for Siam Legal International, Thailand's largest legal service network with offices in Bangkok, Phuket, Pattaya, Hua Hin, Chiang Mai and Samui. The firm has international locations in London and Los Angeles. Siam Legal is a full-service law firm and provides a wide range of legal and visa services. Visit Siam Legal on the web at http://www.siam-legal.com

Challenges Faced by NRI's in Their Return to India

The last few years have seen a steady increase in the number of NRIs returning to India. The web is seeing an increase in web portals designed to find jobs for these Indians in US, who consider working in India more attractive as it takes care of their sentimental needs while they settle down in a comfortable job and lifestyle. Indians returning to India need to keep their minds open and be ready to accept everything that comes their way as far as challenges are concerned.

If they are hoping to find the USA in India then they are going to be thoroughly disillusioned. While returning to India may present a very rosy picture to these people settled abroad, there are many challenges they have to face on returning that include cultural, logistical and economical issues. These are important issues, which many NRIs fail to consider; while they are happy, they have landed themselves with a good job and secured the best school for their kids.

Non resident Indians must remember that living and working in India is not going to be easy as there are diverse challenges they need to tackle and they should be prepared to make adjustments and realignments to suit the type of living that India has to offer. Many of these Indians working in Indian companies in US have become accustomed to the way of living there after years of being residents up there.

One of the major challenges that Indians returning to India face are re-establishing relationships with relatives, friends and working on establishing new networks from scratch. Many of these Non-resident Indians from USA are returning to India to set up their own businesses but the challenges they face are numerous.

There are so many legal and bureaucratic challenges they have to face before they begin their venture and things in India do not move so easily like the US where the system is smooth. Others who are taking up high profile jobs in corporate or business houses find that the system of working in Indian companies in India is very different from the working style of the same companies in the US. The returning Indians require adjusting to the new way of life in their work environment.

Cultural challenges are another big hurdle that many Indians returning to India face. Their way of life in countries abroad especially USA has been entirely different and now getting themselves adjusted to an Indian lifestyle is not going to be a cakewalk. Children of these NRIs who have been born and brought up for years in US will feel the sudden change in lifestyle emotionally trying as they struggle to make adjustments not only in family life but also at school.

It may take a couple of years before they settle down to accept the Indian way of life and become a true Indian. Indians thinking of returning to India to take up jobs need to consider all the challenges that they and their family members are likely to face and how they are going to overcome these challenges so that the transition from an American Life to an Indian life is smooth without hiccups.

HS is the webmaster of IMRTI. He has years of work experience in the IT sector both in India and the USA. He has started a revolution of sorts by taking the 'return to India' wave to another level through his innovative website.

His themed outlook towards the relocation idea is reflected in his writing about these ideas. He knows the Indian job industry in and out and writes about it just as well.

The Myth of Special Treatment For Illegals

In order to have a meaningful debate on the topic of comprehensive immigration reform, it's important to discuss the issues using understood terms and definitions. First, we need to have a common understanding of the term at the center of the immigration debate, "illegal alien". Ironically, this term, which is thrown about by nearly everyone involved in the immigration debate, is not used in immigration regulations or formally defined by the federal government. For debate purposes, an illegal alien can be considered a person who is in the U.S. without any legal paperwork or immigration status. This would include an individual who enters the U.S. without proper documentation or permission as well as an individual who enters with proper documentation or permission but does not abide by the terms of his or her stay in the U.S. Of the approximately 12 million illegal immigrants in the U.S., it's estimated that almost half entered the U.S. on a visa that allowed them to visit the U.S. temporarily, but then stayed beyond the time permitted in their visa.

MYTH: Illegal aliens shouldn't receive special treatment for being here illegally.

FACT: For the vast majority of illegal aliens, there is no legal way under the current immigration law to obtain legal status while in the United States.

There's a common misconception that by illegally entering the U.S., illegal aliens are able to apply for permanent resident status sooner than had they remained in their home country and applied from abroad. The reality is that, for the vast majority of illegal aliens, there is simply no process that would allow for them to be considered for permanent resident status. This is why so many continue to live in the shadows and fringes.

While most illegal aliens in the U.S. want nothing more than to have legal status, there is just no option for most. The reality is that the immigration laws actually encourage an illegal alien to remain in the U.S., because leaving would likely mean it would be years before he or she would be eligible to return. Under current law, an illegal alien who leaves the U.S. will be unable to return for 3 years if he or she has been in the country illegally for more than six months, and a bar of 10 years would apply if he or she has been in the U.S. illegally for more than one year.

The relevant immigration laws, which unfortunately have not been updated in nearly 20 years, provide limited avenues for securing legal immigration status for any applicant who is here illegally. For those who are in the U.S. illegally, the limited options for obtaining permanent residency in the U.S., and the consequences of leaving the country, mean that most will choose to stay.

Family situations also contribute to the dilemma. Children who are illegally brought into the U.S. by their non-citizen parents grow to be adults and remain in the U.S. as illegal aliens. These individuals, who as children were brought here by no choice of their own, are now adults forced to live and operate in a sub-culture of illegal aliens within our society.

Another common family scenario that encourages illegal aliens to stay in the U.S. arises when illegal aliens have children that are born in the U.S. The children born within our borders are U.S. citizens by law, but the parents are still here illegally. Additionally, the parent(s), if ever deported, are faced with the option of either taking their U.S. citizen children, who only know the U.S. culture, to a foreign country or leaving their children in the U.S. in hopes of giving them the opportunity for a better life. A Morton's Fork, to be sure.

The children of illegal aliens will be one of the issues at the heart of the immigration debate. On March 14, the New York Times featured a lengthy article discussing the difficulties faced by non-English speaking students at Cecil D. Hylton High School in Woodbridge. This article noted that "inside schools, which are required to enroll students regardless of their immigration status and are prohibited from even asking about it, the debate has turned to how best to educate them." The immigration debate and its resulting plan will affect Prince William County significantly. Our current U.S. immigration laws make it impossible for most illegal aliens to obtain any form of legal status and assimilate into U.S. culture. It doesn't matter that a person may have U.S. family members or that he or she has lived in the U.S. for his or her entire life.

The issue of immigration reform will be debated soon. The reality is that the argument requiring the deportation of all illegal aliens is not a realistic proposal given the enormous costs combined with the issue of family displacement. It will be necessary for immigration reform to take a multi-faceted approach. It's a given that our borders must be secured. The real hurdle is that we need to develop a strategy to deal with the millions of people in the U.S. who currently live here without valid status. Real change occurs when people come together with an open mind to all sides of the argument. Let's put this myth to rest and push forward in developing a solution.

The above information is provided for informational purposes only. The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys. An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

JERRY ERICKSON
Published: March 25, 2009

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C.(http://www.szelaw.com), in Woodbridge, Virginia. He is the senior attorney in the firm's Business Immigration Section. He has practiced law for over 20 years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com or (703) 494-7171.

Obtaining a UK Fiance Visa For Your Thai Fiance

Settling in the UK with your Thai fiance proves to be your best option if your bread and butter in the UK is keeping you from permanently relocating to Thailand.?A UK settlement visa in the form of a fiance visa is your key to bringing your Thai fiance to stay with you in the UK for good. This is true for those couples contemplating of getting married in the UK then proceed in adjusting their fiance's immigration status after marriage.
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?UK Fiance Visa Requirements
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Applying a UK fiance visa for your Thai fiance necessitates meeting two important requirements: your relationship with your Thai fiancee and your financial status in the UK. Establishing a believable and an on-going relationship between you and your fiancee requires your having known each other and being together for a period of time not less than 6 months. This should be seen as a logical requirement after all you are sponsoring someone to the UK who will hopefully become your long time partner in life. The longer you have known each other, the better. Apart from this, you also need to show tangible proofs of your genuine existing relationship in the forms of email exchanges, photos together in various places, money transfer receipts, telephone bills, boarding passes to Thailand and any other pieces of evidence that could validate your existing relationship. You would also need to provide proof of your freedom to marry certificate and if you have been married before a divorce certificate or spousal death certificate ?should be provided to attest the dissolution of your previous marriage. Finally, you would need to write a letter detailing the milestones of your relationship, how it started and developed to become what it is now.?This in turn becomes a literature for all the pieces of relationship evidence you have so far collected.
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Just recently the British embassy also started requiring a letter of intent to marry from a registrar in the UK for the visa applicant and the British fiance. This, however, would require the presence of the foreign fiancee in the UK at the registrar's office before this letter is issued. Contacting the municipal registrar in your area on how to go with this is the best thing to do to be able to address this requirement.
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Your fiancee also needs to undergo a medical check up to check her health status. They are particularly concerned with checking if she has Tuberculosis. You would need to call the IOM center in Bangkok to schedule her check-up and anticipate corresponding medical check up fee. She would also need to secure a police record to prove her being a good citizen. This needs to be obtained at the Royal Thai police which can take up to 2 weeks to have it finally issued.
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Your financial position in the UK is the next crucial requirement in question. The rational behind this is that the UK government wants to make sure that you would be able to support your future wife's stay in the country without any recourse to public funds. To show them your financial capability, you would need to provide your last 6 months bank statements; at least 3 recent pay slips, employment letter, House Title deed or Mortgage Agreement and photos of your house. This is aside from the sponsorship letter which confirms your desire to sponsor her stay in the UK. Speaking of the sponsorship letter, it's advised to include in it your sincere intention of marrying your fiancee once she gets there and supporting her financially and morally and purchasing her airfare ticket and travel insurance after she has obtained her visa successfully.
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?Process?
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The UK fiance visa application follows a simple process. Nonetheless, it is advised to take it seriously as remedying a refused visa application proves to be a more difficult ordeal. A good way to start the process would be to familiarize yourselves with the details of the whole procedure i.e. expected time frame, costs, required documents among others. ?It would be good to list down all the required documents from both ends and start collecting them the soonest possible. ?In filling out the visa application forms it would be prudent to start with a draft and if there are questions unclear to you, it's always good to ask UK visa professionals. You can also call the British embassy to clarify confusing items in the visa application forms. ??As for your fianc? important documents in Thai i.e. Birth certificate and Single Certificate, they would need to be translated into English and legalized at the Ministry of Foreign Affairs.
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Once the aforementioned required documents are collected and fully prepared, you can proceed with submitting your visa application at VFS in Bangkok which will turn over to the UK consular Section. It would take approximately 3 months to process the visa application before the result of the visa application gets issued. If interview is required, the processing time would expectedly take longer. Your Thai fianc?s initially allowed to stay in the UK for 6 months if she gets the visa. After marriage in the UK, her immigration status can be adjusted accordingly that she may be able to stay and work there for good.
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Costs
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Aside from the service fee of the visa agent, you would also need to anticipate other fees like embassy fees, medical check-up fee and translation fees.
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Summary?
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The?UK fiance visa?application demands a thorough preparation of the required documents. It is therefore advised to enlist the service of UK visa specialists to guide you and your Thai fiancee with the visa application process. UK visa professionals who speak both Thai and English and have broad experience in assisting UK visa applicants are recommended to carry out the task for you.

George M. Londob works as a Business Correspondent for Siam Legal International, Thailand's largest legal service network with offices in Bangkok, Phuket, Pattaya, Hua Hin, Chiang Mai and Samui. The firm has international locations in London and Los Angeles. Siam Legal is a full-service law firm and provides a wide range of legal and visa services. Visit Siam Legal on the web at http://www.siam-legal.com

A Simple Solution to Get a K1 Marriage Visa Fast - 5 Steps You Need to Know

As the Fiancee or Fiance the (petitioner).? There are 5 basic steps you have to follow in order to make the application process a fast and smooth simple process. Usually paying a Lawyer one or two thousand dollars make it a lot easier but there are some thing you can do that will save you a lot of time and a lot of money.? With the right information and a little guidance you can get a K1 marriage visa fast and get it easier than a lot of lawyers will lead you to believe.

Here are the basic 5 steps to obtaining your K1 Marriage Visa.

File for Petition

This step can sometimes take the longest and for some, the most difficult step. It can take anywhere from 3 to 6 months from the time that the petition was submitted to the time when your Fianc?rrives to the United States.? Be prepared financially as well, the Embassy or Consulate will need 455 dollars for the filing fee.

When your Petition is approved

The second step to getting your visa will be after your petition is approved.? After your petition has been approved you will have approximately four months to get your visa before it expires, but can be extended from the American Embassy that approved the petition.? Each Embassy is different so you will have to ask the Embassy exactly how long you have if you run out of time.

Processing the Provisional Case

The third step processing the provisional case.? In short terms this means that the Consulate will send out a name check cable to the FBI which basically checks all the databases for any info about you and your past.? When the reply comes back and all is good, then you will get what is called a Packet 3 which states all the documents needed for the next process; the interview.? If there are any documents that are written in a foreign language then you need to have them translated or have a translation accompany the original.

Scheduling the Interview

Step four to get a K1 marriage Visa.? Probably the lengthiest part of the whole process, due to the fact this is where you will have to get a Medical exam and the appointment date for the interview.? You will receive what is called packet 4, and this packet contains specific instructions on how to obtain a medical exam and all the documents needed prior to the appointment.? Before receiving Packet 4 you will need to send the Embassy the original approved petition from USCIS, all clearances from the required name checks, and a signed DS-156 (Nonimmigrant visa application) and DS-156K (Nonimmigrant Fiancee visa application) from the beneficiary.

The VISA interview

The fifth step is the Visa Interview.? During this step of the process it is a good idea to have all original documents with you and any other necessary documentation that you think is prevalent to the interview process.? Do not worry all original documents will be given back to you when the process is complete.? A lawyer can help with the Visa process much better then you can complete it on your own, however it will cost considerably more.? It is much cheaper for you to prepare and you also have the knowledge that you made it all happen on your own.

Fiancee: A woman to whom a man is engaged to be married.

Fiance: A man to whom a woman is engaged to be married.

To obtain all the information you need to know to get your K1 marriage visa go to http://www.squidoo.com/simple-k1-fiance-marriage-visa-made-easy

Who is Really Here?

Interesting that we thank immigrants for helping to make America what it is today, for helping to make it a great nation when they settled here, yet now we erect fences to try and keep immigrants out (The Secure Border Initiative) -- but that's another article. The point here is that immigration law and trends are based on the fluctuations in the immigration population. And of course, politics tend to play a large part in anything dealing with immigration.

Right now the biggest problem politically speaking is the estimated numbers of illegal immigrants in the U.S. - hence the reason for the erection of the fence along the Mexican/U.S. border. The numbers you hear will vary, but one estimate puts the number of illegal aliens in this nation at over 12,000,000. Of course it is not just illegal Mexicans living in the U.S., as there are immigrants from other countries.

History does have a way of repeating itself and immigration issues are certainly not something new. However, with the increasing numbers of illegal immigrants these days, the issue has taken on a new perspective, and that perspective deals with issues like incoming immigrants taking jobs that could go to other Americans. It goes far deeper than that, but that is just the tip of the iceberg.

You may recall the Reagan illegal immigrant amnesty program in the 80s that allowed 3,000,000 illegal immigrants to take a course to become legal citizens of the U.S. As you likely noticed, the numbers of illegal immigrants has climbed significantly and the debate centers on how to handle this kind of influx. It's fair to say the debate actually "rages" on, as there has been no real solution identified. Suffice it to say that a fence along the border between the U.S./Mexico won't help this debate any.

Is there really any viable solution to the number of illegal aliens in the United States? Hard question and one that is difficult to answer. Turfing illegal aliens out when they make a significant contribution to the overall economy tends to cause a pregnant pause.

Sally Odell - Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.

Texas Law Regarding Immigrants and Driver's Licenses to Receive Test in Court

Several new measures have been proposed in Texas over the past year in attempts to control the problems associated with illegal immigration. From Texas border security to increased round-ups by United States Immigration and Customs Enforcement (ICE) to serious legal consequences for employers who hire undocumented workers, our Lone Star State of Texas is feeling the pressure that comes with its border location to take the initiative in passing sound immigration law. However, one of its controversial efforts is now being met with a lawsuit in state district court.

Starting last fall, the Texas Department of Public Safety began to require proof of legal immigration status before issuing a driver's license. Not only is authorization to be in the United States now required, but the applicant must prove that he or she will have this status for at least the next six months. The Mexican American Legal Defense and Educational Fund (MALDEF) now claim that these stricter regulations are denying licenses to people who are perfectly qualified applicants.

According to news reports, a Mexican businessperson who lives in Houston named Enrique Lara has become the face of the legal protest. Since his business visa is scheduled to expire at the end of February, Mr. Lara was denied a new license when he went to his local DPS office to submit a change of address. Mr. Lara has lived in Houston for five years. His immigration attorney has never had a problem extending his visa in the past and had no reason to believe that future roadblocks would occur.

Time will tell if the courts decide that the Texas Department of Public Safety has overstepped its legal limits. I will certainly be following this case, as its outcome will have great impact on the ability of immigrants to drive legally in our state.

At Bertolino LLP, we have immigration attorneys who specialize in the complicated issues surrounding immigration law. We have Austin immigration lawyers, Houston immigration attorneys and San Antonio immigration lawyers who can assist. If you are in a difficult situation and need some legal assistance, please contact our Austin, Houston, or San Antonio office today.

Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino's practice is devoted largely to complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read more about Mr. Bertolino at http://www.belolaw.com

Layoffs on H-1B Workers in Today's Economy

Due to the unfortunate economic downturn, H-1B employees who are currently in their 7th or 8th year extension can wind up in troubled waters if they are terminated from their employment.

Our recommended strategy for such H-1B employees to maintain their H-1B status is as follows:

This article is only brief and generalized information and employees must consult a qualified counsel to provide case specific advice.

Under Section 106(a) of the American Competitiveness in the 21st Century Act, a beneficiary can extend his H-1B status beyond six years if, inter alia, a labor certification was filed 365 days prior to the end of the 6th year.

In light of the current financial crisis, it has become increasingly common for H-1B employees to lose their jobs during their 7th and 8th year of H-1B extensions. The 7th year H-1B was omitted from the sixth year limit, pursuant to Section 106(a) of AC21, and this act applies only if there is a pending labor certification application filed 365 days prior to the expiration of the sixth year of the beneficiary's status.

H-1B employees who are in their 7th or 8th year H-1B extension and have received notice of termination are still considered employees under New York's WARN Act. If an employee has received a notice of termination, he should immediately consider another similar job opportunity or consider changing his legal status. If the employee is successful in finding a suitable employer, the prospective employer must file an H-1B extension. It is also important that when the new employer files the H-1B extension, the current/prior employer should not have withdrawn the pending labor certification application. The 7th year H-1B extension can be obtained even if the labor certification has been filed through a different employer. If the labor certification continues to remain pending, the new employer will be able to file the H-1B extensions accordingly.

Naresh M. Gehi is an Attorney at Law with two offices located in Queens . For assistance in filing bankruptcy, please call (718) 263-5999 to schedule an appointment for a FREE personal consultation. Or, visit our website at http://www.immigrationquestion.com We also specialize in matters relating to, but not limited to, immigration law and divorce.

I-9 Compliance More Important Than Ever!

If you are a small business owner, as many Filipino-Americans are, it's time to get your Employment Eligibility Verification compliance in order. The government is cracking down on illegal aliens employed in the U.S. And they are cracking down hard on the businesses that keep them employed.

Many Filipino-Americans have built successful businesses in the United States. In 2002, according to the U.S. Economic Census, there were over 125,000 Filipino-owned firms in the U.S., employing nearly 132,000 workers, and generating nearly $14.2 billion in revenue (Survey of Business Owners-Filipino Owned Firms 2002. The number of Filipino-owned businesses grew 48 percent between 1997 and 2002, and the revenues grew 28 percent. If you are one of these business owners, it is important that you regularly verify the legal immigration status of all of your workers. Some recent cases illustrate just how serious the issue has become. Last year, an investigation by the Immigration and Customs Enforcement (ICE) office lead to the arrest and conviction of a restaurant owner in Kentucky. In January 2009, the owner was sentenced to 8 months in prison for knowingly employing illegal aliens. The former CEO and other company managers at a Postville, Iowa meatpacking company have been charged with conspiracy to harbor illegal aliens after a recent, widely publicized, ICE raid at the plant. In addition to criminal charges, the former CEO of the company is facing tens of millions of dollars in fines.

In March 2008, an ICE raid at CMC Concrete in Manassas, Virginia resulted in the arrest of 34 illegal workers. The hiring employer of CMC Concrete pled guilty to a pattern or practice of illegal employment of aliens without lawful authority to work in the United States. He was sentenced to one year of probation, and was ordered to pay $122,000 in forfeiture.

In September 2008, a co-owner of El Pollo Rico restaurant in Wheaton, Maryland was sentenced to 15 months in prison, followed by three years of supervised release for money laundering and conspiracy to commit alien harboring in connection with the operation of the restaurant. Along with his sister, he was ordered to forfeit $7.2 million derived from the illegal activities in addition to numerous items of personal property. These four examples present very good reasons why employers, and especially those employers who employ non-citizen workers, must be diligent about having their workers fill out the Form I-9. The law requires that all employees complete the Form I-9 within three days of hire. Employers must certify that they have carefully examined documents to show that their employees are legally authorized to work in this country. In some states, employers must also submit workers' Social Security numbers to a federal database (known as E-Verify) for confirmation that each employee is authorized to work. Although E-Verify is not mandatory in Virginia, employers can still voluntarily participate in the program. While participation in E-Verify does not guarantee an employer protection from an ICE raid, the government does take voluntary participation as a sign of good faith on the employer's part.

So what should you do in order to limit the risk of ICE knocking on your door? Simply put, conduct an audit. Businesses should periodically conduct internal audits to verify that all I-9 forms are completed properly. In addition to crossing all Ts and dotting all Is, an audit should look for missing signatures, expiration dates of work authorization documents, and confirmation that each employee has properly completed the I-9 form.

After an audit is complete, the business owner should create a system for tracking and maintaining I-9 forms. This could include making and storing copies of documents verified during the I-9 process and creating a tickler system for those I-9 forms that need to be reverified upon expiration of work authorization.

Practicing good faith by diligently completing the Form I-9 in conjunction with not hiring illegal workers is the best way for a business to avoid an ICE raid, and to keep our nation's vital Filipino-American businesses thriving.

The above information is provided for informational purposes only. The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys. An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

Jerry Erickson
March 10, 2009

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. http://www.szelaw.com in Woodbridge, Virginia. He is the senior attorney in the firm's Business Immigration Section. He has practiced law for over 20 years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com or (703) 494-7171.

Illegal Immigrants - What Do We Do?

Prince William is not the only local county cracking down on illegal immigrants lately. Starting March 9, the Fairfax County Sheriff's Office began receiving access to a program called Secure Communities, which is administered by U.S. Immigration and Customs Enforcement (ICE). Fairfax County is the first county in the Washington metropolitan area, and the first in Virginia, to participate in the program. Secure Communities will allow county deputies to automatically access federal criminal history and biometrics-based immigration records of detainees in the Fairfax County Adult Detention Center and other county sites. The program is designed to help the county identify criminal illegal immigrants and begin the deportation process without requiring the expenditure of additional funds or manpower.

In comparison to Prince William County, some consider Fairfax County to be soft on illegal immigrants. However, Fairfax's recent partnership with ICE through Secure Communities demonstrates that the county is now taking the lead on identifying and supporting the removal of undocumented immigrants who commit crimes. With the help of the Fairfax County Sheriff's Office, ICE will be able to evaluate each person's immigration status and then pursue appropriate enforcement proceedings.

Pro-immigrant advocates have voiced concerns in the past with deputizing local law enforcement agencies to enforce immigration laws. They've feared that doing so would discourage victims and witnesses from coming forward to report crime because of their concern that they themselves would be questioned about their immigration status. The Secure Communities program has received little criticism to date. This could be because deputies will only be screening people who have already been arrested.

Fairfax County Sheriff Stan Barry estimates that of the 27,000 people who were housed in the Fairfax jail last year, 4,300 were suspected of being in the U.S. illegally. The Mecklenburg County Jail in Charlotte, North Carolina implemented the Secure Communities program last year. In less than 18 months, the jail has placed 2,839 people into deportation proceedings.

I don't believe anyone questions whether counties that surround large metropolitan areas, as Prince William, Fairfax and Mecklenburg do, are home to a great number of illegal immigrants. And few would argue against a program like Secure Communities. However, criminal detainees represent only a minor portion of the current illegal immigrant problem.

The real question is: Do we have the resources to deport the vast majority of the estimated nearly 12 million illegal immigrants living within our borders? Or is there a better, less expensive alternative?

Twelve million illegal immigrants represent a whopping four percent of the total U.S. population. In September 2007, ICE officials told Congress and the New York Times that it would cost nearly $100 billion dollars to deport all of these people. This figure doesn't even include the costs of finding the illegal immigrants, nor the court costs associated with trying them. In comparison, the entire 2009 DHS annual budget is about $50.5 billion - and DHS has to do things other than just deporting undocumented immigrants, like protecting our nation from terrorism.

In 2008, on a budget of $46.4 billion, ICE arrested and deported approximately 350,000 illegal immigrants, more than ever before in one year. Yet, that's less than four percent of the total number of illegal immigrants.

Most Americans agree that we need some kind of immigration reform. What form that takes is the center of controversy for critics on either side of the issue. Some would like to see the current administration focus more resources on detecting and deporting our nation's illegal immigrants.

On the other end of the spectrum, there are those like the Center for American Progress, which issued a report in 2005 arguing that a massive national deportation program for illegal immigrants would be unrealistic and would cost $206 billion. Most of the heat of the debate, however, has cooled down in recent months due to citizens and politicians shifting their focus to the dire economic situation. By necessity, most people are now more concerned about whether or not they will be able to keep their homes or put food on the table than the legal status of their neighbors. In keeping with the current climate, lately Prince William has taken the teeth out of its effort to battle illegal immigration.

Nationally, 2009 has seen comprehensive national immigration reform take a backseat to emergency economic measures. This leaves local governments with the responsibility of dealing with what should be federal issues. Even with limited resources, Secure Communities offers local governments, such as Prince William and Fairfax Counties, a cost-effective means to remove illegal immigrants who commit crimes.

In these difficult economic times, local citizens may applaud less controversial measures such as Secure Communities. However, given the sheer number of people who are in the U.S. without legal status, what our country must really address is the issue of comprehensive immigration reform. A portion of that reform could include identification, registration, payment of fines and a conditional status as a precursor to a more permanent form of status. Given the current economic conditions, the progress that will be made by a national debate on immigration reform may not be realized soon. The reality is that deporting millions of illegal immigrants is simply too expensive and not a realistic option. With the above in mind, it's time to at least begin our debate concerning solutions.

The above information is provided for informational purposes only. The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys. An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. (http://www.szelaw.com), in Woodbridge, Virginia. He is the senior attorney in the firm's Business Immigration Section. He has practiced law for over 20 years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com or (703) 494-7171.

Naturalization Process - 2 Tips to Help You Understand the Process

Millions of people around the world aspire to become a naturalized citizen of the US. Not all of them are successful in getting it ultimately though. One of the reasons for many people failing to realize their dream is the lack of knowledge of the entire naturalization process. In order to become a US citizen, you will first of all need to use the help of all the information sources available to you. The following tips will help you understand the steps involved in the naturalization process better, so that you get to live the country of your dreams.

1. The first step in the naturalization process involves getting a permanent resident status. You will need to be in the US for a stipulated time frame for getting the permanent resident status. This time period is used by the government to evaluate and gather crucial information about your behavior. Based on the information gathered by them they evaluate as to how best you can contribute to the American society as a whole.

It is always recommended that you do some research on the naturalization process before you apply for citizenship. This is to make yourself acquainted with the different procedures that you will need to complete as part of the naturalization process. For example you will need to the naturalization test for which you need information. Similarly, you should also get to know about the various forms that you will need to fill out for applying for citizenship.

2. The other important step involves you taking up a naturalization test as part of the natural process. The test is intended to find out whether you have the basic knowledge of US history and culture. Since English is the national language of US, the test is also intended to check your ability to understand, speak, write and read English.

Now Pay Close Attention Here-
Are you planning to be a US Citizen? But do you know it's a Time Consuming, Painful and Frustrating Process. But don't worry; there is a Turnkey solution to walk you through the process. I am sure that you won't get the dreaded denied letter, If you follow this Naturalization Guide

US Citizenship Test - The Best Strategy to Tackle it Successfully

Millions of people around the world want to become the citizens of the 'land of opportunities'. In fact the US government receives millions of application requesting for citizenship each year. Anyone who has attained the permanent resident status is eligible to apply for US citizenship. The most important part of the process is in clearing the US citizenship test. If you are someone who wants to become a naturalized citizen of the United States of America, then you need to know in detail about this test. The test is meant for checking your knowledge about US culture and history. Since English is the national language in the US, your ability to speak, read, write and understand English is also tested, as part of the US citizenship test.

A special officer commissioned by the federal government will test your understanding of the US government. The test is also referred to as the 'civics test'. The officer assigned to test you may either ask you to take a written test or ask you questions verbally. The questions that form part of the US citizenship test are from wide ranging topics. In general it is suggested that you get yourself thorough with the United States Constitution, United States history and the working style of the federal and state governments.

You can get in touch with a Community Based Organization or CBO near you for help with answering the questions of the US citizenship test. You can easily locate one near you through a simple online search. You can also find many useful guides available these days that can help you pass the US citizenship test successfully. These guides will help you master the typical questions that are asked during the test. They will also have useful information on the other steps involved in becoming a US citizen.

Now Pay Close Attention Here-
Are you planning to be a US Citizen? But do you know it's a Time Consuming, Painful and Frustrating Process. But don't worry; there is a Turnkey solution to walk you through the process. I am sure that you won't get the dreaded denied letter, If you follow this Naturalization Guide

Stimulus-Related Restrictions and FY 2010 Quota H-1B Filing

The Employ American Workers Act (EAWA), signed recently by President Barack Obama, puts severe restrictions on potential H-1B employers who have received the Troubled Assets Relief Program (TARP) funds. The Act makes such employers "H-1B dependent employers", forcing them to make attestations including efforts to recruit US workers, offering non-discriminating wages to H-1B non-immigrants and US workers, and not causing displacement of US workers.

There is widespread resentment in the H-1B community, both employers and employees, about this issue. We have been asked the question whether such restrictions on recipients of stimulus funds would impact the number of H-1B petitions for the Fiscal Year 2010, the filing for which opens on April 1, 2009. We believe the impact would be minimal for the reason that H-1B workers account for less than one-tenth of one percent of the U.S. workforce including those employed in the banking and financial sectors who are the major beneficiaries of the stimulus package.

H-1B is a non-immigrant visa classification granted by the U.S. Citizenship and Immigration Services (USCIS) to foreign nationals to be employed in the U.S. in "specialty occupations" that require a minimum of bachelor's degree or equivalent. The current worldwide quota of H-1B visas is 65,000 per year. Out of this, 6,800 are reserved for nationals of Singapore and Chile. In addition to this worldwide quota, there is a special quota of 20,000 visas available to holders of advanced degrees from U.S. graduate schools. Further, certain employers in academic and research areas are exempt from this quota. The fiscal year starts on October 1, and petitions can be filed up to six month ahead of the start of employment, so the filing opens on April 1. If enough petitions are received to trigger the 5-business-day filing rule, as happened in 2008, the filing will end on April 7. Otherwise USCIS will continue to accept petitions until the quota is capped.

Last year, 163,000 petitions were filed in the first five days of filing, including 31,200 against the U.S. advanced degree category. As a result, a random lottery was conducted as was done in 2007, to determine the ultimate recipients of the coveted visas.

In the past couple of years, immigration law firms had seen a mad rush leading up to the filing date of April 1. Obviously this year such rush is absent mainly because of the downturn in the economy. So the widespread feeling is that this year there may not be as many petitions filed in the early days of filing as the previous years due to the recession and widespread layoffs. But even if the number of petitions filed is just half of last year's total, the quota would still get capped. Further, as regards the U.S. advanced degree quota cap, there are thousands of foreign students in the US whose petitions were not picked in the lottery last year. A large percentage of them would be candidates again this time, in addition to those graduated later, putting more demand on that category.

Also, we have seen a sudden spurt in new inquiries in the past week or so. Moreover, most of our H-1B employer clients are looking beyond the current economic downturn. They are confident that things would turn around by the time the employment period of the new H-1Bs starts on October 1, 2009. So we keep urging our clients to file the Fiscal Year 2010 quota-subject H-1B petitions on April 1 or as soon thereafter as possible.

Disclaimer: The information in the above article is of a general nature only and should not be taken as legal advice. Always seek professional legal advice before proceeding with your case.

Copyright: The Law Offices of Morley J. Nair, Inc.

Morley J. Nair is the Founder of The Law Offices of Morley J. Nair, located in Philadelphia, PA, practicing Immigration Law in all the 50 states. The firm has processed thousands of H-1Bs and hundreds of Applications for Permanent Residence ("Green Cards"). Attorney Nair can be reached at 215-744-5100. The law firm websites are http://visaworks.com/ and http://h1bplanet.com/

Will Crackdown Leave a Mixed Bag?

Have you noticed that Prince William's immigrants, both illegal and legal, are leaving the county? In 2007, Prince William's foreign-born population dropped 6 percent while neighboring Fairfax County increased its immigrant population by 7 percent, according to the U.S. Census Bureau's American Community Survey 2007. Although a trip down Smoketown Road during rush hour might lead you to believe that the county is as overpopulated as ever, the drop in the noncitizen population is real and will likely continue.

What is the difference between the counties? Anti-illegal immigration legislation. Prince William has it, Fairfax doesn't, and as of December 1, 2008, Manassas decided to follow in the steps of Prince William by requiring the police department to check the immigration status of all persons arrested for a violation of state or local law.

There are costs and benefits of having one of the fastest growing immigrant populations in the country - and plenty of folks on both sides of the debate. The people of Manassas have watched the progression of the Prince William anti-illegal measures as concerned next-door neighbors. Its citizens have decided that they are willing to take the good with the bad.

Proponents of the legislation tout the reduction in the number of overcrowded area homes. They are happy to see the demise of many "boarding house" style living arrangements. Proponents also cite the availability to citizens and legal immigrants of now-vacated jobs that had once been filled with illegal immigrants. Job creation, through whatever means, appeals to a wide audience in the current recessive market.

Those opposed to the current attempts by Prince William and Manassas to curtail illegal immigration maintain that such measures negatively impact the local economy and cultural diversity. In particular, opponents complain that anti-illegal immigrant measures have accelerated the collapse of the real estate market in the community. Opposition groups, like a Prince William stay-at-home moms group, which was recently chronicled in the Jan. 2 edition of the Washington Post, also condemn the anti-illegal immigrant measures because they believe that the measures create a climate of fear and racism that drive legal immigrants from the area.

Partisans on both sides must agree that the effect of the crackdown has been visible. As you drive through the area, it is not unusual to see vacant houses. Businesses have fewer immigrant customers and schools have lost students. Since Hispanics make up the largest percentage of the county's immigrant population, their community has been the most affected.

To be sure, home foreclosures and a declining economy are felt by citizens and non-citizens alike. It's difficult to distinguish the more general effects of the recessional economy from the effects of the county and City of Manassas measures on the immigrant population. Certainly you cannot determine one's immigration status by a surname, but it is still impossible not to notice that the classified section of area newspapers lists property foreclosures in which a large proportion of the owners have ethnic names. On the anti-BVBL blog, operated by the Prince William stay-at-home moms group, a commenter who identified himself as a title examiner for one of Northern Virginia's busiest title companies quoted that 90 percent of the county home foreclosures in 2007 and 65 percent of the county home foreclosures in 2008 were of houses owned by people with Hispanic names. Even national news sources are taking notice of the Hispanic home foreclosure phenomenon in Prince William County. The Wall Street Journal just published an article on the county's Hispanic home foreclosures on Jan. 5.

Who is benefitting from this recent reversal of fortune? Citizens, legal immigrants and especially investors looking for good deals are able to snap up the newly bank-repossessed homes at staggering bargains. After an initial slowdown in home sales in 2007, buyers began to reappear. Total homes sales in Prince William County are up 200 percent. That should be great news for everyone, but here is the kicker, the median sale price has plunged 41 percent in the past year, from $405,000 to $239,000.

This local housing fire sale affects all of us. According to real estate agents who specialize in foreclosed properties, investors have led much of the buying spree. This means more rentals in your neighborhood. You may expect that your taxes should go down with the decrease in your home's assessed value. However, don't get that giant flat- screen television just yet. The reality is that Prince William is looking for a way to increase taxes in 2009 to make up for the budget shortfall caused by the falling home prices.

Like Prince William, Manassas citizens will soon feel the impact of a tougher anti-illegal immigration stance on their wallets and on their housing market. It remains to be seen whether these growing pains will ultimately be healthy for the county and our community in the long run. If it turns out that they're not, we can only blame ourselves.

Jerry Erickson
Published: January 15, 2009

By JERRY ERICKSON

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. http://www.szelaw.com in Woodbridge, Virginia. He is the senior attorney in the firm's Business Immigration Section. He has practiced law for over 20 years and represents clients in numerous complex areas of immigration law.

The above information is provided for informational purposes only. The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys. An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

Dispelling the Immigration Myths

In practicing immigration law, I've found that in our society there are several misconceptions related to immigration and the immigrant population. In a series of upcoming columns, I'll address some myths.

Myth 1: Immigrants take jobs away from Americans.

Fact: Economic studies show that immigrants actually increase economic productivity and the wages of American workers.

The most common immigration myth I hear is that immigrants are taking all of "our" jobs. In reality, studies support the proposition that immigrants, whether here legally or illegally, not only don't take jobs from native-born citizens, they actually create jobs and increase the economic output and salaries of American workers. One of the major findings in a 2007 report by the White House Council of Economic Advisors (CEA) to the Executive Office of the President was that, on average, U.S. natives benefit from immigration because immigrants tend to complement U.S. natives and do not substitute for them in the workplace.

Foreign-born workers fill gaps left by native-born workers both in high-skilled and low-skilled jobs -jobs necessary for the effective continuation of the present level of U.S. economy and society. A March 2008 National Foundation for American Policy (NFAP) report showed that for every H-1B visa (non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations) requested by an S&P 500 U.S. technology company, overall employment at the company increased by five workers. The NFAP report also found that among the study-sample companies experiencing layoffs, for every H-1B position requested, total employment was estimated to be two workers more than it otherwise would have been. A report released this month by the Technology Policy Institute noted that highly skilled immigrant workers, admitted to the U.S. on H-1B and other visas, benefit the federal budget by paying more in taxes than less skilled workers. In addition, the Technology Policy Institute study found that these types of highly skilled immigrant workers are not likely to receive federal benefits, particularly in the near term.

In its comprehensive report published in 1997, the National Research Council (NRC) of the National Academy of Sciences concluded that on average, an immigrant and his or her children generate public revenue that exceeds their public costs over time -approximately $80,000 more in taxes than they receive in state, federal and local benefits during their lifetimes. According to the 2007 CEA report, the predictions made by the NRC a decade earlier were accurate. The CEA report stated that, "the long-run impact of immigration on public budgets is likely to be positive."

When immigrants fill lower-skilled, labor-intensive positions, their hard work and lower pay allows higher-skilled U.S. workers to increase productivity and thus increase their incomes. Also, as the native-born U.S. population becomes better educated, young immigrant workers fill gaps in the low-skilled labor markets. Native-born workers are then able to specialize in their profession of choice. This process is exemplified by typical poultry packaging corporations. At most poultry producing companies, the owners, managers and board of directors are able to attend to corporate business because they can hire lower-paid, often immigrant, workers to process, clean and package the product. As has been noted repeatedly by other authors, there are few U.S. workers who are willing to accept these types of low-paying positions and difficult working conditions.

The CEA concluded "immigrants not only help fuel the Nation's economic growth, but also have an overall positive effect on the American economy as a whole and on the income of native-born American workers." According to the CEA, approximately 90 percent of U.S.-born workers experienced an increase in wages due to immigration. In its 1997 report, the NRC estimated that the annual wage gain due to immigration for U.S. workers was $10 billion each year. In 2007, the CEA estimated the gain at over $30 billion per year.

In addition to having an overall positive affect on the average wages of U.S. workers, an increase in immigrant workers also increases employment rates among native-born U.S. workers. According to a study based on U.S. Census Bureau data at the state level performed by the non-partisan research group Pew Hispanic Center, between 2000 and 2004 "there was a positive correlation between the increase in the foreign-born population and the employment of native-born workers in 27 states and the District of Columbia."

For example, the Public Policy Institute of California reported that California saw an increase in wages of U.S. natives by about four percent from 1990 to 2004 - a period of large influx of immigrants to the state - due to the complementary skills of immigrant workers and an increase in the demand for tasks performed by native workers.

Studies performed earlier in the decade by the Brookings Institution have shown that immigrant entrepreneurs and business owners create additional jobs in the U.S. economy for U.S. citizens as well as other immigrant workers.

The myth that all of "our" jobs are being taken away by immigrant workers is simply not based in fact and should be abandoned. Immigrants play a vital role in our local and national economy, in good times and in bad. Whatever your position with respect to immigration policies or enforcement, it's important to recognize the valuable marketplace contributions being made by immigrants in Prince William County.

The above information is provided for informational purposes only. The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys. An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. http://www.szelaw.com in Woodbridge, Virginia. He is the senior attorney in the firm's Business Immigration Section. He has practiced law for over 20 years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com or (703) 494-7171.

The Work Visa That Allows Students All Over the World to Come to the US For Their Summer Vacation

The J1 visa is used for many purposes including;

- High School Exchange Programs
- Work and Travel Programs (WAT) for College Students (this is a strict requirement)
- Au Pair
- Camp USA Programs
- Internship or Trainee Programs
- Some Government and Academic Programs

In other words it is a very versatile visa designed for many practical purposes as far as the US is concerned.

The Work and Travel program is designed for current University/College students in their respective long holidays (so usually their Summer) to visit and be able to work in the US for up to 4 months. The period of the visa is usually determined by a combination of how long their work period is and how long the local US Consulate/Embassy is willing to give them.

Obviously depending on which part of the world you come from this means you may be in the US in Winter (South America and Africa), Spring (SE Asia) and Summer (Europe, China, India, Middle East) depending on when your long holidays are at your University or College.

Officially the Work and Travel program requires you to have setup a job with a US employer which has then been approved by a State Department approved sponsor organization. So unlike the regular working visas like H1B, E3, etc., where your employer directly sponsors your visa, here it these designated organizations that are your sponsor and responsible for ensuring you meet requirements on the State Department's behalf.

For J1 Work and Travel there are currently 71 approved sponsors listed on the State Department's website including CIEE, Intrax and InterExchage among others.

As I mentioned you need to have organized a job prior to coming to the US. However this requirement is loosely administered for some nations and vigorously for others under the general unofficial guise of students of certain countries being a greater risk to stay longer than their visa allows.

So some students look at this program as mainly just an extended holiday with the ability to work. Where as others work a lot, travel very little, in the hope when then transfer money back home they will gain a lot from a strong US Dollar. As I said the earlier option is officially disallowed and can have your sponsor organization cancel your visa making you illegal in the country, but it administered loosely depending on where you are from.

CJ provides great information for J-1 Visa Work & Travel students so they can enjoy their Summer vacation living and working in the USA.

The Fence That Divides

By all reports, the new border surveillance system (Secure Border Initiative - SBINet), the one that will likely clock in at a cool $8 billion dollars, will likely be software operational shortly with actual construction starting by late March or possibly early April. There seems to be a few software glitches holding it up right now and the tech wizards are trying to sort them out before putting the virtual fence into operation.

Imagine that, a fence right along the order of the U.S. and Mexico that will feature radar, sensors, cameras and a plethora of other sophisticated communications equipment all tagged up on towers, which are linked to communications centers for border patrol agents. Rather reminds one of war zones seen in the movies. How this is going to be good for human relations is a good question. How this will impact immigration is an even better one.

The erection of fences always goes to the heart of the question of who is being kept in or out and what will happen over time when people try to breach the system. An idea that doesn't even truly bear thinking about when this is supposed to be a century of people treating others with humanity, dignity and respect. Ideally that is what the immigration system is supposed to do. Add in this provocative border fence and all good will flies out the window.

The fence, being built in segments and also named in segments e.g. Tuscon-1 and Ajo-1, will be under way by late summer. This particular segment spans about 60 miles and will be the first portion of the fence to get built. One segment has already been operational since February 2008, a 28 mile stretch in Arizona.

Take a moment to really think about the ramifications of something like this. What does this say about a nation whose Constitution is based on freedoms? The kinds of signals this type of project sends to the world is frightening and it has the potential to spin off in other directions, causing other unforeseen events. This whole project isn't about respect and dignity for human beings. It is about keeping people out of the U.S.

As lawyers who defend the rights and freedoms of the people in the U.S. and its immigrants (also from Mexico) we need to regard this project with a great deal of suspicion. The ramifications of this may be ones we will heartily wish we had never seen.

Sally Odell - Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.