Information and Tips on South African Spousal, Life-Partner Permits

While South Africa is a key destination for many tourists and foreigners, many South Africans who visit foreign countries come back to their home country with the hopes of their current or future foreign spouses (husbands or wives) or foreign life-partners (partners in a permanent relationship) residing with them in their beautiful home country.

What is a South African Spousal Permit

All foreigners require a permit to reside legally in South Africa, whereby a spouse (husband or wife) of a South African would need to apply for a spousal permit. A temporary residence permit can be issued to a foreign spouse who has been married to a South African for less than 5 years, but in turn, permanent residence can only be applied for once the couple have been married for 5 years or more. An excellent tip would be: it is safer to apply for temporary residence first (whether married for more or less than 5 years), as permanent residence takes approximately 18 months (these timescales are not guaranteed), therefore the foreign spouse would be legal to reside in South Africa, whether applying for permanent residence or not.

What is a South African Life-Partner permit?

This permit is practically the same as a spousal permit, but the partner (not spouse) of a South African who has been in a permanent relationship will be required to apply for a life-partner permit. In order to receive this permit, documentation would need to be submitted as proof that the relationship has existed for the said number of months/years. A temporary residence permit can be issued to the foreign life-partner of the South Africa who has been in a relationship for less than 5 years (as with the spousal permit). Permanent Residence can only be applied for once the partners have been in a permanent relationship for 5 years or more. As with the spousal permit, it would be best to apply for temporary residence first, as permanent residence takes approximately 18 months (these timescales are not guaranteed), therefore, allowing the partner to reside with the South African legally while waiting to apply or receive a result from permanent residence.

South Africa has a diverse constitution; therefore, same-sex relationship partners or civil union partners are able to apply for South African spousal or life-partner permits.

Can a Foreigner Work/Operate a Business/Study on a South African Spousal / Life-Partner Permit?

It is a hug advantage and beneficial to obtain a South African spousal or life-partner temporary residence permit, as foreigners who are on these permits are able to work, operate a business or study in South Africa with the correct endorsement. This permit negates the need for work permits and business permits to be applied for and all the vast number of documentation that is required. While these spousal or life-partner permit endorsements require on a few additional documents to enable the foreigner to work/operate a business or study in South Africa.

Tips: If a foreigner will be working, operating a business or studying in South Africa, it is best to know exactly what you want, as these endorsements are specific, therefore, the name of employer/business or educational institution will be mentioned on the permit, not allowing the foreigner work for another company, operating a different business or studying with a different institution, without re-applying (with an entirely new application) for a new specific endorsement on the spousal or life-partner permit.

What is the length of these permits and can these permits be extended?

The length of the temporary residence permit is decided by the Department of Home Affairs, these permits can be issued for a period between 1 - 3 years. Yes, the South African spousal or life-partner temporary residence permits can be extended at the end of their validity, provided that the proof of relationship or marriage certificate is submitted with the extension application.

As South African's love their country and it is their constitution right to have their spouses or life-partners residing in South Africa, many foreign spouses or life-partners are taking the opportunity to experience the beauty and vast cultures of South Africa with their loved ones.

Claire Roodman
claire@intergate-immigration.com
http://www.intergate-immigration.com

Immigration Attorney With Free Consultation - Makes a Difference For Many Reasons

The dream of starting fresh in a new country can sometimes be hampered by economy and racial separation. The effect of such issues have a double negative effect as it also affects the expectations an person gets from society as well as how they perceive themselves as a citizen of their new country.

Hopeful immigrants may thus find themselves stuck somewhere between fulfilling their dreams and "living up to" the role they feel society has assigned them.

The problem outlined above does not automatically mean that very successful immigration by any means would be impossible. When it comes to making the process as elegant as possible, a good attorney may play a big part.

The Immigration Attorney Free Consultation

Indeed, immigrants today are facing many challenges. This is why an immigration attorney free consultation is now admitted to those who are in need of great assistance to be able to acclimatize to a new country that they want to live in. It is certain that these proceedings shall give the hopeful immigrants an opportunity to have an overview of the arrangements of the society that they want to reside in.

Trough the said immigration attorney free consultation service, an immigrant too would have a better chance of having the essential meet with an immigration and naturalization attorney. This stage is needed in order to becoming a legally owned resident. It is also a very important step in truly becoming a part of the new society.

In many western countries there is already a kind of "we and them" kind of thinking in place often, rightly or not, based on the level of education and income. Probably, the situation is governed by the fact that the human society today is so diverse that people have already applied the differences that they have from each other as a basis of the status that each person is expected to belong to.

It goes without saying that the challenges of immigrating are hard, but with the help of immigration attorney free consultation services, a person or group of people wanting to transfer nationality and residence would get the absolutely chance to be successful in the said process of social adjustment.

Those who are immigrating to the US, should also refer to the article on getting a US immigration attorney.

What You Need to Know About US Tourist Visa Application

While it is?easy for Americans to come to Thailand for a holiday, Thais and other nationalities have to undergo a thorough procedure in obtaining a tourist visa that they may be able to enter the US for vacation.?

Nature of a Tourist Visa ?
Obtaining a travel permit to visit the US proves to be very difficult to obtain particularly for ordinary Thai applicants relying on the invitation of their American friends, fianc?spouse or relatives. The US government's rigorous immigration procedure may be accounted for their inherent assumption when dealing with non-immigrant visa applications. The officer when evaluating the application immediately assumes that the tourist visa applicant who is seeking admittance to the US is in fact eyeing for a permanent stay in the country.

As such, this assumption needs to be overcome successfully by the applicant in such a way that he/she will be issued the necessary entry permit. However, it's important to note that the application is evaluated subjectively and its approval or denial is entirely on the discretion of the officer evaluating the application. This is the reason why compared to other entry permit types a tourist visa has a lower success rate. It is also the reason why an application is still denied despite the applicant's providing all the necessary requirements to substantiate his/her visit to the US. ?

Preparing for the Application ?
As the evaluation of the tourist visa application is solely based on the applicant's capacity to prove that he can support himself financially through out his stay in the US and that he comes back to Thailand after his allowed visit, it's a must that the applicant has the following qualifications in support of his entry permit application. First would be a decent and a stable job in Thailand.

An employment letter or contract, income tax and pay slips are some ways to substantiate this. A 6-month job stint might not be enough to establish the stability of your employment but it's definitely better than nothing. A job involving prostitution or working in a bar or night club doesn't add appeal to your application so it might not be good declaring it. Second, you have to show assets and properties in Thailand. Assets can be in the form of cars, a piece of land, a house among others. Land or House Title deed, Mortgage agreement, Car registration certificate and other documents can be submitted to prove your possession of these assets. Supposing you own a business in Thailand, you would need to show your business registration certificate, income tax, balance sheet among others. A savings account with substantial amount of deposit in it could also serve as one of the evidence to prove your financial capability.

You can ask your bank for your latest 6-month bank statements or you can show your passbooks for this matter. Just a note on the savings account, having a big money in your bank account doesn't guarantee a successful application though it helps establish your financial status. However, if your sponsor abroad plans depositing an amount of money in your bank account just to show that you have money, make sure that the funds have been deposited discretely not in a lump sum as this will be obvious.

Finally, if you have your family or children in Thailand, then you can mention them as your dependants to support your visa application. Don't also miss to provide an outline of your itinerary detailing the whereabouts of your trips i.e. accommodation and places to visit. What if you don't have most of the above qualifications as you rely on the sponsorship of your American relative, boyfriend or friend? This would considerably make your chances even more slimmer. However, you can still proceed with the application. As mentioned above the approval or denial of your application is entirely on the discretion of the officer. ?For family members visiting their relatives or families in the US their situations are viewed differently.

The Application Process ?
After familiarizing yourself with the requirements and procedure of the tourist entry permit application, you may now start collecting the required documents. You have to collect as many evidence as you can to support your application. If your documents are in Thai, make sure to translate them into English. If you are going to the US via sponsorship, make sure that your sponsor provides sponsorship letter detailing your relationship and his intention to support you while you are in the US. He might need to provide bank statements or employment certificate to validate his good financial status in the US.

When everything is in order you can already contact the US embassy to schedule the submission of your documents and for the interview. The US embassy in Bangkok as well as the US consulate in Chiang Mai accepts and processes tourist visa applications.?The processing time normally takes 2-3 business days and the result of the application is issued accordingly. During the interview, be prepared to answer questions like how will you support your stay in the US, what will you do in the US among others. A confident applicant would likely give a better impression on the visa officer than a nervous one. In this regard, you have to anticipate all possible questions that the officer may ask you in relation to your visa application and practice answering them.
?
Using a Visa Agent

If you want to increase the chances of your tourist visa application getting approved, it might be good enlisting the services of US visa professionals to assist you with this endeavor. You would greatly benefit from their expertise in going over the visa application therefore ensuring better chances for your visa application. Be mindful though about unscrupulous visa agents. Look for the established and registered ones with proven track of record in US visa assistance.

Summary

Obtaining a US tourist visa proves to be a difficult ordeal especially for ordinary applicants. Apart from proper planning and familiarizing yourself with the requirements and procedure, it would also be good to consult with US visa professionals to personally guide you with the visa application. A money you spend for them maybe worth it if you don't need to do the application again the second time.

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

How an Immigration Attorney Can Help You Get USA Citizenship

The immigration process is very difficult especially to a country like the United States. There is a specific set of rules which have to be followed. There are various processes which have to be followed correctly. A little variation or wrongly followed rule or process can degrade your chances of migrating to the United States.

In the US, the general immigration laws are determined by the federal government. The states create their own patterns of the immigration policies and these are done according to the federal laws. You have to follow the same rules and processes in the United States whether you are in California or South Carolina. Proper advice of an immigration lawyer is very helpful as he can guide you through the whole process.

How can an Immigration Attorney Help You?

When you hire a good immigration attorney, you can make sure that you get the best legal advice from a person who knows everything and can help you follow everything according to the rules when you apply for citizenship in the US. Even if you commit a violation, the attorneys can help you out in some way as they have the means and the right knowledge needed to defend you.

Even if the immigration lawyers guides you on everything you need to successfully migrate, you should still have the knowledge about the various rules and regulations so you are not fully dependent upon the lawyers. You should know what should do and what you shouldn't. The immigration rules of the United States are very strict and hiring a good lawyer can go a long way in getting your application approved for citizenship or immigrant status.

Immigration Lawyers provide you complete Immigration Advice and services.

The Best Immigration Attorneys to help you get USA Citizenship.

How to Choose the Right Visa For Your Move to Mexico

You have a few options to consider when you are deciding on what Visa to get for your move to Mexico. The three most popular types of Mexican Visas are the FMT, FM2, and the FM3.

The FMT Visa is what you get anytime you enter Mexico from the US. It is easy to get, and the paperwork will be handed to you on the plane as you are flying into Mexico or as you're crossing the border. This is the easiest Visa to acquire but also comes with restrictions. First of all you are usually only allowed to stay in the country for 180 days. If you are given less than 180 days on your FMT you can get an extension at an immigration office. The FMT is a tourist Visa but many people simply make "border runs" every 180 days to get a new FMT, while living full time in Mexico. If you are planning to live in Mexico for the long term, you will most likely want to consider getting an FM2 or FM3. You are also not able to move your belongings into Mexico with an FMT.

The FM2 Visa is for becoming a citizen of Mexico. It will generally take 5 years to become a citizen you are given your FM2, and you can not apply for a FM2 in the US, you have to go to an immigration office in Mexico. The FM2 allows for permanent residency but generally people moving or retiring to Mexico will want to get an FM3, which is cheaper to get and maintain.

An FM3 Visa allows you to stay in Mexico without making border runs every 180 days, it also makes it easier to set up utilities for your house, open a bank account, and move all your belongings from the US to your new home. Getting an FM3 is much more complicated compared to getting an FMT, and will require going to your local (or not so local) Mexican Consulate in person to fill out a lot of paperwork. Each consulate may have different rules so it's hard to say exactly what will be required of you. In general they want to see proof of income of $1,000 to $2,000 per month, or more if you have any dependents. Some Consulates also may only give an FM3 to people over the age of 55, while others don't have an age limit. Everyone's experience is usually different when trying to get an FM3.

If you are moving to Mexico you need to consider what Visa is right for you. If you don't have to move your belongings down to Mexico and aren't planning on staying for the rest of your life, you may be able to get by with the standard FMT. However, if you want to move your household items to Mexico you will need an FM3, which also comes with the added benefit of not having to go to the border every 180 days.

Jason helps people who are moving to Mexico by walking them through what can be a very complicated process. If you are considering a move to Mexico and have questions about getting your FM3, creating your Menaje de Casa, or have any other questions about your move, he can help. Mexico Moving Company provides door to door moves from all over the US and Canada to anywhere in Mexico.

Centralized Intake Office For Fast Canada Immigration

According to the amendments published in November, 2008 in the instructions given by Immigration Minister, there are several conditions that make you eligible to file your application under the Federal Skilled Worker Program. Given below are a few conditions that can work in your favor, to apply under this category:??

• You have AEO (Arranged Employment Option) from a Canadian employer.
• You are the foreign national who is already living in Canada legally, for a minimum of one year as an international student or a provisional foreign worker.
• You are one skilled worker with an experience of at least one year, with your occupation being included in the Canada's List of 38 Occupations that are highly in demand.???

Out of the mentioned three options, the last one caters to the interest of a lot many interested immigrants. All applications of this program that do not have the privilege of an AEO are now processed in Nova Scotia at the CIO (Centralised Intake Office). You will need to pay a courier fee to mail the essential forms and documents.

CIO reviews all sent applications for the right completion of all necessary fields along with a check for the payment of the processing fee by the applicant. A noteworthy point in this regard is that the CIO does not accept cash payments. Only Managers Check is accepted in the Canadian Dollars in the name of the Receiver General of Canada.??

A Notice of Assessment is then received from CIO. This will provide you with the basic instructions to contact the Visa Office along with the reference number allotted to you. Also, you are further requested to submit copies of all essential documents and your application within the next 120 days to the Canadian Visa Office.

At this time, you may also file for your dependents or your family members who would be immigrating with you, in case you have not applied for them earlier. As the probability of immigration is only analyzed for the principal applicant, filing for the dependents at a later stage wouldn't really delay application processing.

Once the Visa office has got your complete application, your application would be checked to ensure that all required documents have been submitted. The Visa Office would then forward an acknowledgment receipt letter to you. You will also find enclosed the file number and the details regarding the processing times.

Your application will then be checked:

• If your application under any of three categories that are mentioned for the minimum requirements given in the Ministerial Instructions, for further processing.
• For selection factors
• For sufficient funds

Once you qualify through all these stages, you would soon be granted the Canada Immigration Visa. Centralizing of the applications to Nova Scotia has played a key role in reducing the processing times for Canada immigration, which has earlier been increased to 6-7 years.

However, still Canada immigration program is not as easy as it sounds. Without the help of an able Canada immigration specialist, it is very much possible that you may end up wasting a lot of time and money, thereby delaying your Canada immigration goal. Hence, for a smooth and hassle free immigration to Canada, do not forget to take the useful advice of an immigration expert, which is definitely worth every penny spent.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of ABHINAV.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

Here's How You Can Learn From an Immigration Attorney Free Consultation

No one today claims to be racist, but racial separation as well as economic separation is a really big problem today. Many people have to strive with it in their own countries not to mention in the countries where they are not native citizens. The people in such situations have two choices to make, they can either change the situation and become someone better if they can just learn to live with the fact that they are part of a certain group, and they will never get out of this group. This choice makes it difficult sometimes for people to provide the necessary changes that are supposed to improve their lives.

Because of the fact that it is so hard for people to sometimes not think that they are worse because they belong to a certain group, those who faced such a problem have to never give up and always strive to achieve their dreams and live the life which they can live in which they should live, and which they would be able to live, had they've been provided with the equality which should be always present in all societies of the world.

How you can face the problems with immigration attorney free consultation.

It is obvious and well-known that in advance today are presented with very many challenges. Fortunately there are free immigration consultations provided to them so that they can have the necessary assistance and help in adjusting to a new culture and the new way of life in a new country. With such immigration at a free consultation, the people that are going to move out of their own country will be pro-lighted with care and support and information relating to anything pertaining to living in a country of their choice. They will be provided with bird view look upon different systems in the society in the country where they want to move in.

If you use immigration attorney free consultation, your chances often needed contact with a naturalization officer will be much greater than if you didn't contact immigration attorneys and did not have that consultation. In such case immigrants will become a full blood residents off the country which they moved into, and they will never be treated alike immigrants again, because they will just be entitled to full rights of any citizen of that country. They will be provided with the guidelines which will make it possible for them to become a productive part of the new society quicker and painlessly.

Sometimes people have a tendency to separate the poor from the rich, the educated from the uneducated, the skills from the unskilled, the good people from the bad people, the immigrants from the people that have always lived in the country, etc. As an immigrant you will have to face many challenges when you move into the country where you want to reside for the rest of your life. That is precisely why immigration attorney free consultation will be great for you, and be provided free of charge and it will give you the necessary guidelines and the necessary plan of action which will make it possible for you assimilate and been naturalized quickly and easily.

If you would like more Attorney Advice and Information Then Visit The Authors Site Here: http://bestattorneyadvice.com

How You Can Find an Immigration Attorney If You Want to Transfer

It is always difficult to decide where and if you should actually transferred to a different country. The great thing is, that you can actually find an awesome immigration attorney who will help you with the transfer and everything you need. Remember that it is pretty difficult to live in a different country, not to mention transferring all of the things that you need to have in that country.

We live in the world of globalization, and it is very easy to obtain information about any country in the world. Many people transferred to different countries, so that they can secure a better income, and maybe a more exciting job. Deciding that you want to transfer to a different country, although it can be very easy for some people, it is always connected to many things in situations which may not be expected. If you want to actually finalized the decision of transferring, you will need to find immigration attorney that will be more then happy, knowledgeable and skills to help you with everything you need. You have to make sure that they have enough knowledge and experience before you hire anyone. He should also have enough knowledge pertaining to the culture of the people living in the part of the world.

You really need to find immigration attorney to be safe.

You might want to ask yourself, why is there even a need for legal help? If you want to work in a different country, it is totally different than actually living in that country. That is precisely why you have to do all you can to find an immigration attorney that will be able to protect you and help you to adjust to the new circumstances and the new land.

I do not even have to mention the fact that you live in a different country will be very different compared to that which you have in your homeland. Sometimes, it might not be enough if you just have a will to survive, because you need the experience and the knowledge to actually know where to go and what to do to secure a certain standard of life for yourself. If you are actually lucky enough to find immigration attorney that will be able to help you in your specific circumstances, you will be much more successful because you will actually get to know the area which you are going to be resigning in, that people, the circumstances, the traditions, the different habits, etc. before you actually go there. Remember that in some countries, some things are not acceptable, and if you don't know those things, it would be very difficult for you to get sufficient respect to obtain a well-paid job.

There is one more thing that you have to know before you finish reading this article. It is very important for you to understand that prejudice is and always will be part of humanity. People are fearful off what they fail to understand. If they don't understand you, or where you come from, you'll instantly be taken as a stranger, and it'll be very difficult for you or them to cool operate with each other effectively. You have to also know, that you will be dependent on the new society, they knew reality and a new circumstances at least for the first few weeks or months off your stay there until someone gets to understand and trust you enough to allow you to actually get a job which you can be satisfied with. After that everything is easier.

You will need to find immigration attorney, so that they can get rid of the differences and teach you how to focus on the positive side of things, so that you can present yourself a properly and accurately to the people that you will be dependent upon.

If you would like more Attorney Advice and Information Then Visit The Authors Site Here: http://bestattorneyadvice.com

Denmark Immigration From India

Denmark is a very safe country with low crime, good public health services and a beautiful environment. The number of Indian citizens migrating to this beautiful country has been increasing steeply in the past few years. People in this country are enjoying the feeling of security and safety. In this peaceful country, famous business administrators don't need to surround themselves with bodyguards. Although, the living expenses are comparatively high, but you can get many welfare system in Denmark which provides quite a few free services.

In past, Many people of India Immigrated to Denmark under job card scheme. The number of people who meet the criteria for residence permits as part of the Job Card scheme, as well as other specialists and experts, increased by 52%, from 1350 in 2006 to 2062 in 2007. About half the Job Card permits in previous years have been issued to people from India.

The five countries receiving a large amount of permits in 2007 were: Poland, with 11,783 people, Germany with 4579, China with 3680, Ukraine with 3284 and India with 2548. These figures confirm the change in immigration patterns of Indian citizens that annual statistics from the Immigration Service have recorded in recent years.

In a report released by the Danish Immigration Service permitted recruitment of experts from India, Denmark immigration authorities scrutinize the current market for overseas labor from Indian subcontinent and the experiences of those thinking of choosing Denmark as a skilled immigration destination. Today, Indian citizens are enjoying high standards of living in Denmark and contributing in the economical growth of Denmark.

The author of this article is providing maximum information to those who want to immigrate to Denmark. For this purpose, the author has made a Denmark Immigration Guide in order to facilitate all those Indian citizens who want to immigrate to Denmark.

Canada Immigration - Faster and Easier Than Ever Before

With countries like Australia and United Kingdom limiting the number of immigrants, Canada is all set to welcome the addition of 240,000 to 265000 permanent residents in its 2009 plan, which is it's highest in the last 15 years. The announcement made by Jason Kennedy, who is the Minister of the Citizenship, Immigration and Multiculturalism laid emphasis on the renewed commitment to the Canada immigration program.???

The goal of CIMC (Citizenship, Immigration and Multiculturalism Canada) is to make the Canada immigration process efficient with new procedures introduced for submission, for the interested applicants under the Federal Skilled Workers program. The immigration process that used to stretch to 6-7 years previously has thereby been reduced to mere 6-12 months now.

Applications of Federal Skilled Worker program are received at CIO (Centralized Intake Office) at Nova Scotia. With this centralization of the applications intake, overall wait times are reduced drastically. However, some of this workload is being delegated to visa offices overseas.?

The appropriate Visa office where your application needs to be sent varies, depending upon the most suitable qualifying criteria for the applicant under the Federal Skilled Worker program.?

• Any applicant who has an arranged employment can directly send their applications to the Canadian immigration visa office.
• International students and temporary foreign workers, who are currently living in Canada legally for a minimum of one year can submit their applications to the Canadian immigration visa office in Buffalo, New York.?
• Applications under the Federal Skilled Workers program that qualify through the new experience requirements set for ministerial work are sent to CIO in Nova Scotia.

Applicants with their nominated occupation mentioned in the Canada's 38 high-demand occupations like skilled trades, finance, health et al enjoy the benefit of priority processing. International student or a temporary foreign worker who are residing in Canada for more than a year and have an arranged employment offer also enjoy this benefit.

A few basic documents along with some new forms and fees are to be submitted to the CIO. Applications that are qualified are then processed further abroad at the most suitable Canadian immigration visa office. CIO will then ask applicants for complete submission of their application within 120 days to the visa office.???

Applications that could not qualify are returned with a complete refund of the processing fees. Processing procedures of other categories or programs of the Canadian immigration remain unaffected by the new parameters.

Funds made available from the Budget 2008 will be beneficial in the enhancement of application process, allowing the Department to reach annual targets, reduce their backlog and utilize today's inventory in the utmost manner for future benefits.?

Sending additional staff to visa offices overseas that has extensive wait times is one of the most important measures that are taken to make the immigration to Canada faster and easier. The work from these offices is redistributed to the comparatively less busy visa offices to avoid any delay in processing.

In case you don't qualify under the federal skilled worker program, you need not lose heart. An immigration specialist can suggest the best way out for you. Provincial nominee program can also open the option of permanent residency for you via the new Canadian Experience Class. Several ways are available for Canada immigration. Consult with your immigration expert today to know about the most suitable way of Canada immigration for you.

Thus, the latest new amendments in the Canada immigration process ensure that Immigration application processing for Canada is at par with two of the most competing countries, New Zealand and Australia.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of ABHINAV.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

Immigration Trial Attorney - What You Need to Know When Choosing One For Your Immigration Case

"Do I need an immigration trial attorney?"

At our first meeting, many of my clients ask me this question. Since they have a hearing coming up at Immigration Court in a few weeks, their decision could make the difference - the difference between winning a green card and being deported.

My answer: "Yes and No."

• NO because the law is supposed to be based on common sense, reason, and fairness.
• YES because the way law is actually written today, it is nearly impossible for most college graduates to understand what many immigration rules mean.

. . . And when it comes to immigration appeals, well, we're talking about a maze within a maze. Going it alone, in many situations, is taking a big risk. The harder the case, the more you need an immigration trial attorney.

Immigration Law is Not User Friendly

Today, more than ever before, immigration law can seem heartless to immigrants trying to enter the United States. When it comes to deportation defense and immigration court, the circumstances are dimmer.

Even if you have a case that looks simple, the law forces you to fill out form after form after form...and then battles with a callous bureaucracy begin. This is one of those situations where having an immigration trial attorney comes in handy.

The New York Times recently described the ordeal of a Mexican attorney seeking to become a permanent resident of the United States. His wife is a member of the U.S. Coast Guard. They filed seven different applications, and had to pay several thousand dollars in filing fees. Two years later, he still lacked a green card - and remained miles apart from his wife and child.

For many immigrants, immigration law appears to ignore their needs. Over and over again, hard-working and deserving immigrants wait years for their green card or U.S. citizenship papers to be processed.

Some cases seem to disappear. Some cases run in technical snags. Others are denied based on government mistakes.

Immigration Cases Require Compassionate Advocates

The law demands that your immigration trial lawyer learn as much as possible about your life. Many times an obscure fact in your background will be the tie-breaker between victory and defeat - between moving your case forward quickly or taking a slow and cautious approach. You may have to retrieve information which you thought would never be needed again. You may have to search for evidence you would never have dreamed was important.

Everyone has some information that is not easy to share. For example, you may have been abused by your spouse or parent for many years. Perhaps you have been arrested for a juvenile prank or even a serious crime. It may be painful, but it must be shared. Your lawyer needs to know the good and the bad to protect you if an immigration appeal becomes necessary.

The adage, "It is better to be safe than sorry," has special meaning when it comes to preparing immigration cases.

Of course, it's not enough to have an attorney who cares - especially when it comes to court hearings. An immigration trial lawyer must also have the courage to stand up for you under any circumstances . . . to challenge authorities by offering fresh interpretations of little known rules and court decisions. A judge's ruling, made last week in a state 2000 miles away, may help your case - but only if your lawyer knows about it.

The Bottom Line

"Do you need an immigration trial attorney?"

Only you can answer this question. If you decide to hire an immigration lawyer, two things should stand out: (1) You must feel very comfortable with the person selected. (2) You must feel confident in that lawyer's ability to make a positive difference in your case.

? 2009 Carlos Batara, Batara Immigration Law. All rights reserved.

There's no reason you should be afraid or embarrassed about needing a green card. Click here to get the information you need to become a permanent resident or U.S. citizen. If you're ready to learn more about how our offices can help you with getting a green card, becoming a U.S. citizen, or fighting deportation - please visit our website at http://www.bataraimmigrationlaw.com and download our free reports. Join the hundreds we have already helped. Visit us today.

How to Get a Visa For Aged Parents

Subclass 804 is a permanent residence visa for aged parents. This Australia visa requires a sponsor ---either a child or another eligible sponsor. There is minimum age requirement of 65 for men. For women, there is a date table that needs to be followed.

If the aged woman parent is born before June 30, 1997, the earliest she can apply is on June 30 2007. At that time, her age should be 63. If she is born between July 1, 1944 to December 31, 1945, the earliest application date is between January 1, 2008 and June 30, 2009. Minimum age is 63.5. If the aged woman is born between January 1, 1946 to June 30, 1947 the earliest application date is between January 1, 2010 to June 30, 2011 at the age of 64. If she was born between July 1, 1947 to December 31, 1948, then she can apply between January 1, 2012 to June 30, 2013 at the minimum age of 64.5. If the aged woman applicant's birth day is January 1, 1949 and later, the earliest application date is form January 1, 2014 onwards at the minimum age of 65.

To be able to get this Australian parent visa, the parent must have a child who is settled in Australia either as a citizen, a permanent resident or as an eligible New Zealand citizen. Furthermore, the Balance of Family test must also be passed such that half the children must be permanent residents in Australia or there should be more children permanently residing in Australia than in any other overseas single country.

To become a sponsor for this Australian visa, one must give a written undertaking that he or she is willing and able to provide support, accommodation and financial assistance to the applicant as well as any other accompanying dependent for the first two years of residency.

Once this visa for Australia is granted, it allows the aged parent and any dependents to work and study in Australia. They will also have access to subsidized health care via the Medicare and the Pharmaceutical Benefits Scheme. After a two-year waiting period, he or she may be able to access social security payments. This Australian parent visa also renders the recipient eligible to apply for Australian citizen ship subject to residency eligibility criteria.

One important thing to note, it generally takes a longer time to process an Australian visa application for non-contributory parent visas such as this one. They may have to wait many years before the Australian visa is granted.

Dylan Lautner is a Search Engine Optimisation Specialist, he is also a writer.
http://www.nationalvisas.com.au/
http://www.nationalvisas.com.au/parent/parentvisas.htm

Immigration Trial Attorney - How One Can Help You Win Hard Immigration Cases

Since 9/11, immigration trial attorneys are more important than ever. Rules are tougher. Procedures are tighter. Judges are stricter.

Yet, over 50% of immigrants go to Immigration Court hearings without a lawyer. This is a recipe for disaster.

Americans looked for causes after the 9/11 attacks - many blamed the immigration system. Nineteen hijackers had entered the United States on student visas; the others used tourist visas. The results were predictable. It became harder to qualify for green cards, U.S. citizenship, and other immigrant visas.

When green card applications fail, immigrants - and often their family members - are sent to Immigration Court. The government asks the judge to deport the immigrants. It becomes a winner-takes-all situation.

Like all aspects of immigration law, court procedures have become more rigid in recent years. These changes make winning your case harder than ever before . . . and the role of an immigration trial attorney more essential to your success.

The Immigration Court Overload

Immigration courts are flooded today: too many cases and too little time.

Since 2002, immigration judges are responsible for over 300,000 cases per year. There are 54 immigration courts and 226 immigration judges. It is estimated that each judge makes about five rulings per day, sometimes with less than 15 minutes to render a decision.

The results of overcrowding:

• Judges take a quick look at written materials, searching for errors and omissions. A single error may cause a case to be denied, setting an immigrant's petition back by a year or more. The error can even lead to your permanent removal from the U.S.
• Judges are forced to complete trials as quickly as possible. Instead of hearing from all possible witnesses, judges commonly ask for written statements instead of actual testimony. Important information may be left out. Unless there is an immigration trial attorney doing the writing, most immigrants will fail to include certain evidence the judges need to know.
• Judges will not create law. They do not study rules like an immigration trial lawyer. If a law has been used a certain way by courts in the past, a judge is going to do things the same way. Only an experienced and confident attorney will challenge how laws and procedures have been used in the past if your situation is different.

The Role of Your Immigration Trial Attorney

An immigration trial attorney can bring many advantages to your case - and can help to offset the problems you will face at Immigration Court. These advantages may make the difference between winning and losing.

First, everything counts at an immigration trial. How you prepare your application will influence every step of the process. Too often deserving and honorable immigrants destroy their chances with poorly prepared paperwork. Confusing information can make it difficult to challenge a bad decision by the judge. Your lawyer should be able to prevent these mistakes before they happen.

Second, there are many programs unknown to immigrants. They are easily overlooked if you do not have an experienced attorney. For example, 5-10 years ago, a special program may have existed for immigrants from your home country. Now it no longer exists. A good immigration trial lawyer will know if that old law can still be used to help you stay here as a permanent resident.

And most important of all, a trial lawyer with immigration appeals experience can protect you against bad decisions. Judges are humans. They make mistakes. A judge might overlook important evidence which helps your case. A judge may fail to properly consider testimony from a witness. Or the judge might use a rule against you in an improper manner. Your lawyer will be able to challenge these errors.

Because immigration cases are harder today, hiring an immigration trial attorney may be the only way to protect your right to a fair hearing - and your right to stay legally in the United States.

There's no reason you should be afraid or embarrassed about needing a green card. Click here to get the information you need to become a permanent resident or U.S. citizen. If you're ready to learn more about how our offices can help you with getting a green card, becoming a U.S. citizen, or fighting deportation - please visit our website at http://www.bataraimmigrationlaw.com and download our free reports. Join the hundreds we have already helped. Visit us today.

What Motivates People to Immigrate?

The Federal Office for Migration and Refugees defines migration in the following way: "Migration occurs when a person changes the location of their usual place of residence. International migration occurs when this movement crosses national boundaries."

Immigration is defined as "to enter and usually become established; especially to come into a country of which one is not a native for permanent residence."

The main reason behind immigration is the search for better living and working environment, when compared to the native countries of the individuals. In addition to this is massive poverty leading to high fertility, unemployment and low wages. Also, high population puts pressure on the educational and the health facilities. To overcome these factors, immigrants migrate in the hope for better lifestyle and income opportunities. Also, some of the necessities such as electricity, water, educational and medical facilities are available in abundance. With these are the established system and an efficient organizational set up that ensures multiple opportunities on the professional front for a migrant. Other factors include weather and environmental conditions such as clean, hygienic and a pollution free state.

Immigration also happens due to political insecurity, prosecution and bad governance. Human rights such as the freedom of speech and the right to vote and elect the Government and political leaders as well as the freedom from Corruption are some of the key factors as well.

Finally, people migrate from countries that encourage ethnic, religious and gender prosecution and discrimination.

The decision on Immigration destination by a prospective immigrant is based on many factors:

• Better quality of life as regards social security benefits vis-?is medical, educational with strong infrastructural - including abundant power and water - backup.
• Freedom of speech and freedom from corruption.
• Freedom from human rights abuse.
• Political freedom
• Freedom from discrimination on gender, ethnic and religious grounds
• Family reunification

While the above points are the major motivating factors for immigration; destined countries have their own specified set of rules and regulations to select the prospective migrants. The most popular criterion is the Points Based System (PBS). The countries accepting immigrants against the Point Based System include Canada, Australia, UK, New Zealand and Denmark.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of http://www.abhinav.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

How to Go About the Process of Immigration?

Wondering how to go about your immigration process? Be it any country in any part of the world, there are certain basic conditions that comprise the eligibility of an individual for immigration. These immigration criteria remain the same throughout the world. However, the conditions in these criteria may vary. So, incase you are on the hunt to know how to apply for immigration services, this article might be of some help to you.

If you are planning to immigrate to another country, the first thing you need to do is to select the criteria that best fits in with reference to the country you plan to immigrate to. Some of these basic conditions are -

• People seeking permanent residency options to another country or returning to their own country.
• Immigration in search of employment or business opportunities.
• Students immigrating for further studies.
• Visiting another country for business and pleasure.
• Immigration based on sponsorship of skilled workers.
• Migration due to marriage, family living abroad, partner or fiance etc.

After chalking out where you belong in the above mentioned criteria, check for the various requisites mentioned and see whether you qualify for those or not.

For instance, the age criteria - based on the above mentioned categories, the age limit varies and it differs for different countries. In Australia, the maximum age limit for a skilled migrant cannot be beyond 45 years of age but also not less than 18 years. Similarly, in New Zealand, the migrant should be between the age group of 20 to 55 years.

This is followed by another common feature i.e. your ability to communicate in English. Here also, the candidate has to appear for the IELTS examination in order to meet the requirements for the immigration. This is more important for students wanting to pursue further education in Australia, New Zealand, Canada, United Kingdom etc. Apart from the students, the skilled or business migrants also need to take the test. This test is a common ground for evaluation while granting visas to the deserving candidates. However, tourists and other visiting family members do not need to appear for this exam.

Apart from these factors, there are a set of documents which are mandatory and have to be submitted without which the immigration and the visa processing could be shelved. These documents include -

• A valid passport showing your nationality.
• Incase, you are a skilled migrant etc., then the candidate has to produce a skill assessment record issued by the relevant country's authority.
• A report of the IELTS test has to be submitted. Report should specify the test being taken within a specific time period and ensure that the results have not expired. Incase of spouses, the test results of both the partners have to be produced.
• Copies of documents such as the birth certificate, age proof etc. should be certified and submitted along with the application.
• Employment reference letters as well as the offer letters must be present so as to claim more points on the job front from the concerned employer in that particular country.

It has to be remembered that this checklist varies according to the kind of immigration opportunities availed. Hence, all the documents might not be required for all immigration applicants. However, few basic documents remain the same for everyone.

In addition to this, there are several others procedures that need to be followed to complete the application as well as the process of immigration successfully. Thus, it is recommended to take this article as a reference in the process for submitting an effective visa and an immigration application.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of http://www.abhinav.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

Immigration Laws - Should We Add a Genetic Health Requirement?

When people come to American and legally migrate they come here to build a better life, and raise a family, and since we are the great melting pot many of them end up marrying into families and marry US Citizens, which are already here and well established. But in doing so, they are becoming part of America's gene pool.

So, shouldn't we be testing for Genetic Health conditions, genetic diseases, or problems that will make our gene pool weak and cost us huge amounts in health care costs? Many politically correct people would cringe at such a thought, perhaps even call me a racist, but I am "matter of factly" stating the challenges here, and whether we choose to address this or not, either way we will have made a choice.

Perhaps, this is more of a philosophical issue, and yet it is so very real, and whether we care to address it or not, it really does matter and it will make a difference. The future of our nation is at stake, or rather our full potential is at risk. If we genetically test now, we have a chance of improving our gene pool, and saving ourselves unbelievable amounts of money in future health care costs.

Genetic variation is a great thing, but genetic flaws could prove to be quite problematic and hurt subsequent generations. Do we have the right to allow harm to come to future generations? Isn't it the job of our government to protect the American People?

What gives us the right to ignore this threat to our future and our grandchildren? Please consider this and how we might incorporate genetic testing into our immigration laws.

Lance Winslow enjoys community philanthropy - Lance Winslow likes small business. Lance Winslow has also been involved in the Oil Industry; http://www.oilchangeguys.com/aboutus.shtml/.

Our Immigration Laws Need Better Health Screening Rules

Have you ever considered how many people come to America without the proper shots? Or how many illegal immigrants come to America with TB or Hepatitis, or even N1H1 Swine Flu? We do have some technology to detect these things at border check points but illegal immigrants are not going past these check points. And if a legal immigrant is denied citizenship in the US, then what is to prevent them from coming here anyway illegally? Right now, nothing is stopping them not even fear of getting caught in the act.

One thing that folks do not realize is that our population is at severe risk, and although this Swine Flu breakout in Mexico City burned itself out, it could have been a lot worse, luckily it was not cold, rainy flu season. So this should be a wake-up call. And it ought to remind us of the other problems and diseases that come from not just Mexico but from any third world nation, anyone entering the USA whether illegally or through the designated legal channels.

Just because we have voted for politicians that speak at the podium with a silver tongue and politically correct vocabulary, does not mean that we should use this as an excuse not to protect the American People from this threat. Our immigration laws need better health screening rules, and we also need to have better border checks for travel, as well as tighter borders to prevent diseases or outbreak viruses like the one we just witnessed.

After all did you notice that the EU instituted rules for "no flights" from Mexico only days after the outbreak was confirmed? Think on this, why take chances with the lives and health of American Citizens? Please consider all this.

Lance Winslow enjoys community philanthropy - Lance Winslow likes small business. Lance Winslow has also been involved in the Oil Industry; http://www.oilchangeguys.com/aboutus.shtml/.

Incomplete Criminal Records Hurts Immigration Law Intent

If someone migrates into the US legally from a country that is part of the third world, they often have incomplete paper work, and lack of any real records. This means if they have been engaged in criminal activity or violent behavior, we may not even realize it, and surely if so, it is doubtful that they would volunteer such information, and thus, be denied US Citizenship.

Part of what our immigration laws are intended for is to prevent malcontents, evil doers, or bad people from joining us, but without good records we could deny someone with minor offenses in one nation that is of the first world with good records while allowing a murder to come here from the third world, see that problem?

Currently, there is lots of work being done in Europe to synchronize the criminal records and make them available to authorities in other nations, so fugitives can be caught, and other nations can shield against bad people, child molesters, murderers, and fraudulent business people who try to immigrate to other nations, and we too get the benefits of the reciprocal.

Unfortunately, when it comes to third world nations which do not have good records there is literally no hope. Worse, in many third world nations, those who oppose the governments there are actually good people, but have been thrown in jail or prison, or have come to have records no because they are bad, but because the people in charge have used the jails and law to silence opponents. This also hurts good people and it hurts us while we try to sort it all out. Please consider this.

Lance Winslow enjoys community philanthropy - Lance Winslow likes small business. Lance Winslow has also been involved in the Oil Industry; http://www.oilchangeguys.com/aboutus.shtml/.

Poor Immigration Processing Causes Increased Illegal Immigration Numbers to Soar

Everyone knows our immigration rules and regulations for legal entry into the United States are not really working for us. It has been said more than once, by people in the know that the system is clearly broken. Because potential immigrants know of this onerous system, that costs so much and takes so long, more folks are willing to by-pass this for illegal immigration strategies, namely; sneaking over the border and breaking in.

The horror stories we hear from those attempting to come to the United States legally are so insane you have to wonder what the problem is. We have some of the longest lines in the world for those who wish to come into this nation, which is both a positive and a negative. It is positive because it proves that no matter what the world media says about the USA, people are and always have been lining up to get in, so some of the nasty world media rhetoric is nonsense, people love America and most would love to come here.

Of course, that was the positive, the negative is that we have a botched system, and our immigration courts are full to capacity. It takes far too long for good people to get in legally, good people we want to become Americans because they will make us better, as they have so much to give. Meanwhile, we allow 30 million people to sneak over our borders, have anchor babies, over tax our health care system (which is also botched) and no one does anything about it. Now, does that sound like an immigration system we can believe in?

Lance Winslow enjoys community philanthropy - Lance Winslow likes small business. Lance Winslow has also been involved in the Oil Industry; http://www.oilchangeguys.com/aboutus.shtml/.

US Immigration Tips - How to Avoid Trouble - Part 1

When it comes to immigrating to the United States of America, there are several things that you need to take into your careful consideration. Following are some valuable US immigration tips that will help you avoid trouble and keep your status secure.

Dealing With Delays

If you are staying in US and it is the time to get your status or work permit renewed, it is very important for you to understand that USCIS (The United States Citizenship and Immigration Services) is strictly backed up. Therefore, the only way to deal with the delays is to send application for renewal far in advance. If there is an expiration date on your legal status and you cross that date, you may get arrested by the immigration authorities.

Getting US Citizenship

A great way to avoid all the possible troubles regarding US immigration is to try getting the US citizenship. However, the citizenship is not awarded to just anyone. There are certain rules and regulations about the same that you must be aware of before filing your application for the same. For example, things can be very easy for you if you hold a green card. In that case, you are strongly recommended to file your application as soon as legally possible. It will provide your close family members a more secure status and protect you from deportation. In general, once you get the green card approval, you will have to wait at least for five years before you could apply for US citizenship, but there can be exceptions. So, if you want to get the exact information, you should enquire about the same at the USCIS office.

Filing Multiple Visa Petitions

When it comes to US immigration, multiple visa petitions will accelerate the process. If you have more than one family members living in the United States of America, you should try to ask all of them (if they are eligible) to file the visa petition for you. For example, the waiting list in one category can be very long, but in another very short.

Dealing With Summary Removal

Summary removal may also be a possibility if you are not careful. You should never underestimate the rights and power of the border officials. If they find something suspicious, they may send you back right away. Therefore, you must be ready to convince these officers that your visa is genuine and that you are not at all a security risk. For example, if you are a tourist, you should be very careful with the packaging of your belongings. Make sure that your luggage does not give an impression as if you are planning a permanent stay. Things of suspicion may include a wedding dress, a resume, and other such things.

There are several other factors as well that you need to keep in mind regarding US immigration, which I will be explaining in the next part of this article. So, don't forget to check back.

US immigration laws are very complex ones. Therefore, you must hire an expert immigration attorney otherwise you may put yourself into deep, deep trouble.

How to Apply For Citizenship - 6 Tips to Help You Through the Citizenship Process

Deciding to take up US Citizenship is one of the biggest and smartest moves a person can undertake. It is however not as simple as many believe. If you think the citizenship process is just a matter of learning a little basic history and filling out a form you are sadly mistaken. This article will take a look into how to apply for citizenship and point out some tips to help you through the citizenship process.

Things you need to know when applying for citizenship:

1. You need to get the application for citizenship form entitled N-400, these forms are available online or can be picked up at your local government department.
2. You need to fill out this form and ensure you submit it to your local government department. This is crucial, you cannot submit the application form to a different state or municipality to the one you reside in, if you do it will be rejected.
3. Be aware that once you have submitted the form you will be contacted by the immigration department and asked to undergo an interview.
4. Prepare for this interview, read up on US history, and study US culture, become familiar with the morality and ideology of the nation as you will be asked your opinions on a wide range of topics to determine your eligibility.
5. Do not whatever you do give false or misleading answers, the people conducting the interviews are trained professionals and will soon detect if you are being untruthful. They are likely to be more lenient on a not so desirable response than if you are lying.
6. Relax, the people that are conducting the interview are there for the most part to help you gain US citizenship.

Keep these things in mind and do some research and I'm sure you will be successful in your endeavour to become a US Citizen.

If you would like more information to help you gain citizenship, visit the following web site for more information on a resource that will make the process much easier. How to Apply for Citizenship

Indefinite Leave to Remain Status, the Future

Under the UK immigration laws there are a number of routes available to obtain 'indefinite leave to remain' (ILR) status,?commonly referred to as 'settlement' or, 'settled status'. ?The purpose of this article is to explain what ILR means, the entitlements it brings and how proposed legislation from the UK Government may affect future applicants only.

The Secretary of State for the UK Border Agency, may under S 3 (1) of the Immigration Act 1971, grant ILR to a person who is not a British citizen. However, an individual can lose his right to ILR if he or she is either sentenced to a term of imprisonment of at least 12 months by order of the Secretary of State and is sentenced to a period of imprisonment under the UK Borders Act 2007 or, is absent from the UK for a period of more than two years under the UK Immigration Rules HC 395.

Individuals granted ILR may:

?? live and work in the UK;
???have access to public benefits and if eligible
???apply to become naturalised as British citizens.

The UK government is currently seeking, through the 'Border, Citizenship and Immigration Bill 2009' (Bill), to remove ILR status to future applicants and replace this with the concept of 'probationary citizenship'. Once granted probationary citizenship, an individual will have the right to live and work in the UK, but will have no access to public benefits and will face additional requirements,?including but not limited to?'community service',?in order to be eligible to naturalise as a British citizen under the Bill. Therefore, should the Bill become law in its current form, once a person fulfills the eligibility requirements under his or her visa, they will be granted probationary citizenship, but will face?tougher requirements to obtain full nationality status.

Individuals, if eligible, should consider applying for ILR now in order to benefit from the existing laws as the proposed new legislation could have implications on their future rights in the UK. There is no set date for the Bill to become law. Furthermore, there is no clear indication as to how this will affect EEA citizens living and working in the UK under the EU 'Freedom of Movement' Directive.

For further information, please check with a lawyer authorized to provide UK immigration advice.

Evan Remedios is a solicitor and partner at RLegal immigration solicitors http://www.rlegal.com

Fiance Visa - Thailand - Waivers of Inadmissibility

One of the most prevalent I-601 waivers of excludability sought for Thai fiances and wives is the waiver of a finding of inadmissibility based upon the consular officer's presumption that the beneficiary has engaged in the practice of prostitution (or directly benefited from the fruits of prostitution) within the previous 10 years.

Many people become confused at the idea of a waiver because they believe that a waiver is an "appeal." In point of fact, a waiver is not an appeal. American Consular Officer's decisions are not appealable when they are making factual determinations. Therefore, if, based upon the facts, a consular officer comes to the conclusion that a Thai beneficiary seeking a US visa has engaged in the practice of prostitution within the previous 10 years, then that decision cannot be appealed.

A waiver is often mistaken for being an appeal because the waiver application is filed after the consular officer has made his or her decision. In the case of a waiver, the underlying finding of a ground of inadmissibility (presumption of engaging in prostitution) is not disputed. Instead, the person seeking a waiver is conceding the finding of inadmissibility and seeking to have the inadmissibility waived because a failure to grant the waiver would result in an "extreme hardship," for the US Citizen petitioner.

Not all waivers of inadmissibility require a finding of extreme hardship. Most notably, and HIV waiver is based upon a finding that the visa seeker will have adequate private medical care and coverage in the USA that will not come from government resources. At the same time, some grounds of inadmissibility have no waiver available. Two examples of grounds of inadmissibility with no waivers are a finding that a visa seeker has fraudulently claimed US Citizenship to obtain any type of benefit in the past and also a finding that the visa beneficiary has a criminal record involving drugs (under the current law, there is a waiver if the drug conviction was for less than a certain statutorily prescribed amount of marijuana).

In order to obtain the prostitution waiver it is advisable to retain the services of a competent attorney. The requirement to obtain the waiver is that the US Citizen prove that if the waiver is denied, then the citizen must uproot himself and move to live with the Thai beneficiary. It must be shown that this situation would cause "extreme" hardship for the US Citizen. The hardship must be over and above everyday hardship and rise to a level that would put the US Citizen in a nearly unbearable situation.

Nothing in this article should be used in lieu of legal advice from a duly licensed US attorney in your jurisdiction.

Benjamin Hart is a licensed American Lawyer. He currently acts as Managing Director of Integrity Legal a law office located in both the United States and Thailand. For more information regarding US immigration from Thailand please see k1 visa or usa visa thailand

US Visas From Thailand - Family Immigration Options

There are many US Visas available for those seeking to bring a loved one from Thailand to the United States. Many people become overwhelmed by their Immigration options and the plethora of forms and paper work that go along with all the separate visa categories conferring different types of immigration benefits. Hopefully this article will clear up some of the confusion and provide some insight about the different types of Visas that are available to a US-Thai couple. The Tourist Visa

A tourist visa is sometimes mentioned when people talk about US Immigration from Thailand because Thailand is not on the United States' list of countries that are entitled to a visa waiver. For this reason, many couples try to "kill two bird with one stone," by both touring the USA and leaving the possibility open for a possible wedding and change of status to remain in the US. Note: When entering the country on a tourist visa, the visa holder is specifically stating that they have no intent to remain in the US as a resident, lying about this constitutes fraud and can be punishable with prison and fines. It is not advisable to use a tourist visa if one has immigrant intent

The K1 Visa

The K1 Fiancee Visa is used for those who are not yet legally married, but wish to go to the United States for the purpose of marriage. The K1 is a "crossbreed," visa in that it is a non-immigrant visa with a specific departure date, but it leave open the possibility for adjustment of status and subsequent permanent residence.

Immigrant Spouse Visas

The CR1 and IR1 visas are immigrant spouse visas that confer permanent residence to the Thai spouse upon entry into the USA. Those who opt for immigrant spouse visas usually do so because adjustment of status is not necessary after the Thai spouse enters the United States.

The K3 Marriage Visa

The K3 was once a very fast alternative to the CR-1 and IR-1 Visa because at one time it could take as long as 3 years for a conventional spouse visa to be adjudicated. Now the wait time between the two visas is marginal and it is even possible that a CR-1 adjudication could finish before a K3. There are some strategic uses for the K3 as it can be used to "venue shop." Meaning that one can use the K3 to pick which Embassy they wish to use, but this is highly technical and one should only attempt to use the K3 for forum shopping after consultation with a US Immigration Attorney.

Benjamin Hart is Managing Director of Integrity Legal (Thailand) a law office in the United States and Thailand. For more on US Immigration please see US Visa Thailand and k1 visa lawyer

Know Why IELTS Test is Essential For Applicants Seeking Immigration Or to Study Abroad?

Speak to a person contemplating immigration or study overseas and ask them to point out one required step in the entire screening process that they would like to skip. Most of them are bound to answer that they would prefer to escape the IELTS test, if possible. This is because IELTS test not only adds on additional expenses to their immigration procedure but also requires them to devote a good amount of time for the preparation of the test. In immigration to certain destinations and under some specific programs, like Australia General skilled migration program, the immigration programs require that both the principal applicant and their spouse appear for the IELTS test as well. While this makes the Immigration process more expensive and tougher, what applicants do not realize is the fact that IELTS test is only for their benefit. Read further and find out how?

Is it unfair?

There are applicants who excel in the occupational field of their specialisation and find it unfair that the decision on their immigration application is not dependent on their occupational excellence alone but also on their language skills. This is based on the observation that others who might have not achieved the same level of occupational excellence as theirs but have fluency in the English language are granted the immigration visa easily.

Students planning to study overseas have the same concerns. In their opinion, the deciding factor for course and university selection should be the marks scored by them at their school or university level and IELTS puts them at a disadvantage to others who have better language skills.

Importance of IELTS test

So why has the IELTS test become such an integral part of the immigration applications for almost all Immigration destinations and programs? And why are the applicants made to undergo the strenuous IELTS preparation process and spend huge amount of funds in undergoing these tests? More importantly, what we need to think about is, why is it that no options are provided for applicants who are unable to qualify through this test?

Earlier system of assessing English language skills

The reason is that English language skills have always been a key selection criterion under the points based system, from the very start. In the past the Immigration officers used to take one-to-one interview to judge the English language skills of the applicant and decide how many points they would like to credit to the applicant.

But this kind of system created animosities and unfair situations, for both Visa processing office and immigration applicants. There are several reasons why this system of evaluation of language skills of the applicants is replaced by the IELTS test.

Firstly, the immigration processing delays soared high as the visa officers must take all interviews on an individual basis to take the decision about each of the applicant. When seen in context of queues of thousands of applicants, this meant years of additional processing delays. Secondly, this made the language skills assessment highly subjective as it was based on understanding of the visa officer conducting the interview.

Also, in conducting such one to one interviews, the Immigrant applicant could not be tested for all key areas of language proficiency, that includes Understanding, Reading, speaking and listening.

Introduction of IELTS

Need was therefore felt for an objective test that was internationally acceptable, standardised benchmark and assessment tool. Standardisation was very important so as to provide equal opportunity to all applicants. Thus, IELTS became an integral part of the immigration process and applications, especially for skilled professionals, independent immigration, General skilled Migrant and in some cases Green card visa applications as well. IELTS test is thereby based on evaluating applicant's skills in all four components of the language, including speaking, listening, understanding and reading.

IELTS is thereby also made an important requirement for students who opt to study overseas to majority of popular destinations, like Canada, Australia, UK, USA and New Zealand. Language is clearly one key area that can and does create difficult situations, especially when applicants do not have English as their primary language and have never had exposure to international language accents.

For students who are not very fluent in the language, it can literally turn out to be a nightmare as they land in a course and university where they cannot understand the instructions and are unable to communicate with teachers and rest of the peer group. Add to that, the expenses of staying away from home along with expensive overseas education.

The IELTS test thereby gives an opportunity to all such immigrants to avert any such difficult situation and check on their language skill levels, before they select the course and university for studying abroad. Most of the international educational institutions offer Language development courses for international students, who are not very fluent with the language. The students can first take such foundation and language developments courses for specified period and then they are permitted to take admission into the course of their choice.

So, IELTS test is an objective English language assessment tool that is internationally acceptable by Government and immigration educational institutions agencies alike. It has therefore become an essential part of the Immigration visa process and for study overseas applicants. Hence, an applicant is advised to prepare well, if they wish to earn some points by scoring well in various test modules. Seeking advice from an immigration expert is a wise decision to give a direction to your IELTS preparation as well as your immigration process, in general.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of http://www.abhinav.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.