Thursday, December 9, 2010

DREAM Act

Last night the House passed the DREAM Act on a vote of 216 to 198. The Senate is expected to vote on the DREAM Act Thursday morning. The Senate, by agreement, postponed their vote to ensure that the House could complete its vote.

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Friday, November 5, 2010

Which Visa Do I Use?

Who Qualifies for a Nonimmigrant (Temporary) Visa

Nonimmigrant visas, such as tourist and student visas, permit you to enter the U.S. for a short time. If you're planning a short trip to the United States, you must, with certain exceptions, obtain a "nonimmigrant" (temporary) visa. Below we summarize who qualifies for the various types of visas.

Types of Nonimmigrant Visas

You must choose the specific purpose of your trip (such as tourism or going to school) and apply for a specialized visa that authorizes that activity and no other. Each type of nonimmigrant visa is identified by a letter-number combination. You may already be familiar with the more popular ones: B-2 (visitor), E-2 (investor), F-1 (student), and H-1B (specialty worker). See the chart below for a complete list of the most commonly used codes and descriptions.

Summary List of Nonimmigrant Visas

A-1. Ambassadors, public ministers, or career diplomats, and their spouses and children.
A-2. Other accredited officials or employees of foreign governments, and their spouses and children.
A-3. Personal attendants, servants, and employees of A-1 and A-2 visa holders, and their spouses and children.
B-1. Business visitors.
B-2. Visitors for pleasure or medical treatment.
C-1. Foreign travelers in immediate and continuous transit through the U.S.
D-1. Crew members who need to land temporarily in the U.S. and who will depart aboard the same ship or plane on which they arrived.
D-2. Crew members who need to land temporarily in the U.S. and who will depart aboard a different ship or plane than the one on which they arrived.
E-1. Treaty traders working for a U.S. trading company that does 50% or more of its business with the trader's home country, and their spouses and children.
E-2. Treaty investors working for a U.S. company with 50% or more of its investment capital coming from the investor's home country, and their spouses and children.
E-3. Australian professionals coming to the United States to perform services in a specialty occupation (similar to an H-1B, but with a separate allotment of 10,500 visas). Spouses and children may accompany the E-3 visa holder.
F-1. Academic or language students.
F-2. Spouses and children of F-1 visa holders.
F-3. Citizens or residents of Mexico or Canada commuting to the U.S. to attend an academic school.
G-1. Designated principal resident representatives of foreign governments coming to the U.S. to work for an international organization, and their spouses and children.
G-2. Other accredited representatives of foreign governments coming to the U.S. to work for an international organization, and their spouses and children.
G-3. Representatives of foreign governments and their immediate family members who would ordinarily qualify for G-1 or G-2 visas except that their governments are not members of an international organization.
G-4. Officers or employees of international organizations, and their spouses and children.
G-5. Attendants, servants, and personal employees of G-1 through G-4 visa holders, and their spouses and children.
H-1B. Persons working in specialty occupations requiring at least a bachelor's degree or its equivalent in on-the-job experience, and distinguished fashion models.
H-1C. Nurses who will work for up to three years in areas of the U.S. where health professionals are recognized as being in short supply.
H-2A. Temporary agricultural workers coming to the U.S. to fill positions for which a temporary shortage of American workers has been recognized by the U.S. Department of Agriculture.
H-2B. Temporary workers of various kinds coming to the U.S. to perform temporary jobs for which there is a shortage of available, qualified U.S. workers.
H-3. Temporary trainees coming for on-the-job training unavailable in their home countries.
H-4. Spouses and children of H-1, H-2, or H-3 visa holders.
I-1. Bona fide representatives of the foreign press coming to the U.S. to work solely in that capacity, and their spouses and children.
J-1. Exchange visitors coming to the U.S. to study, work, or train as part of an exchange program officially recognized by the U.S. Department of State.
J-2. Spouses and children of J-1 visa holders.
(continued on next page)
K-1. Fiancés or fiancées of U.S. citizens coming to the U.S. for the purpose of getting married.
K-2. Minor, unmarried children of K-1 visa holders.
K-3. Spouses of U.S. citizen petitioners awaiting USCIS approval of their immigrant visa petition and the availability of an immigrant visa.
K-4. Unmarried children of K-3 visa holders.
L-1. Intracompany transferees who work as managers, executives, or persons with specialized knowledge.
L-2. Spouses and children of L-1 visa holders.
M-1. Vocational or other nonacademic students, other than language students.
M-2. Spouses and children of M-1 visa holders.
M-3. Citizens or residents of Mexico or Canada commuting to the U.S. to attend vocational school.
N-8. Parents of certain special immigrants.
N-9. Children of certain special immigrants or N-9 visa holders.
NATO-1, NATO-2, NATO-3, NATO-4, and NATO-5. Representatives, officials, and experts coming to the U.S. under applicable provisions of the NATO Treaty, and their immediate family members.
NATO-6. Civilians accompanying military forces on missions authorized under the NATO Treaty, and their immediate family members.
NATO-7. Attendants, servants, or personal employees of NATO-1 through NATO-6 visas holders, and their immediate family members.
O-1. Persons of extraordinary ability in the sciences, arts, education, business, or athletics.
O-2. Essential support staff of O-1 visa holders.
O-3. Spouses and children of O-1 and O-2 visa holders.
P-1. Internationally recognized athletes and entertainers, and their essential support staff.
P-2. Entertainers coming to perform in the U.S. through a government-recognized exchange program.
P-3. Artists and entertainers coming to the U.S. in a group to present culturally unique performances.
P-4. Spouses and children of P-1, P-2, and P-3 visa holders.
Q-1. Exchange visitors coming to the U.S. to participate in international cultural exchange programs.
Q-2. Participants in the Irish Peace Process Cultural and Training Program (Walsh visas)
Q-3. Spouses and children of Q-1 visa holders.
R-1. Ministers and other workers of recognized religions.
R-2. Spouses and children of R-1 visa holders.
S-5. People coming to the U.S. to supply information to about a criminal organization.
S-6. People coming to the U.S. to provide information about a terrorist organization.
T-1. Victims of trafficking in persons.
T-2, T-3. Spouses and children of victims of trafficking.
TN. Trade visas for Canadians and Mexicans.
U-1. People who have suffered "substantial physical or mental abuse" as a result of certain U.S. criminal violations including domestic violence and who are assisting law enforcement authorities.
U-2, U-3. Spouses and children of U-1 visa holders.
V. Spouses and children of U.S. lawful permanent resident petitioners who have already waited three years for the approval of their visa petition or for an immigrant visa to become available, so long as their visa petition was submitted on or before December 21, 2000.

Your next step is determining how and where to apply for your visa.

Limits on Activities in the U.S.

Your visa allows you to enter the United States and to engage in certain activities while you're there. For example, if you receive a student visa, you're allowed to study in the United States -- but not to work off campus (unless you seek special permission) and not to stay permanently.

How Long Your Visa Will Last

Just as nonimmigrant visas vary in purpose, they also vary as to how long they last. Each nonimmigrant visa is given an expiration date according to what the law allows. Most can also be extended a certain number of times.

An important caution: The expiration date on your visa does not indicate how long you can stay in the U.S. once you arrive. It indicates only the period of time during which you have the right to enter the United States using that visa. How long you can stay is shown by the date on your "I-94 card," which is a small white or green card you'll be given when you enter the country.
If your visa is "multiple entry," however, you can use it to enter the United States again, as soon as you like. If it's not multiple entry, you can use it only once.

For more information on visas or help filing your application with USCIS, DOL, or the Department of State, contact us today:

www.cundyandmartin.com

www.ImmigrationLawyerMN.com

Vincent Martin, Immigration Lawyer Minneapolis, Minnesota

New Immigration Filing Fees

The following schedule lists the increased fees that will take effect on November 23, 2010, alongside the existing fees in effect until that date:

I-90 Application to Replace Permanent Resident Card $290 $365
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330
I-129/129CW Petition for a Nonimmigrant Worker $320 $325
I-129F Petition for Alien Fiancé(e) $455 $340
I-130 Petition for Alien Relative $355 $420
I-131 Application for Travel Document $305 $360
I-140 Immigrant Petition for Alien Worker $475 $580
I-191 Application for Advance Permission to Return to Unrelinquished Domicile $545 $585
I-192 Application for Advance Permission to Enter as Nonimmigrant $545 $585
I-193 Application for Waiver of Passport and/or Visa $545 $585
I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal $545 $585
I-290B Notice of Appeal or Motion $585 $630
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375 $405
I-485 Application to Register Permanent Residence or Adjust Status $930 $985
I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500
I-539 Application to Extend/Change Nonimmigrant Status $300 $290
I-600/600A

I-800/800A Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition $670 $720
I-601 Application for Waiver of Ground of Excludability $545 $585
I-612 Application for Waiver of the Foreign Residence Requirement $545 $585
I-687 Application for Status as a Temporary Resident under Sections 245A or 210 of the Immigration and Nationality Act $710 $1,130
I-690 Application for Waiver of Grounds of Inadmissibility $185 $200
I-694 Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act $545 $755
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) $1,370 $1,020
I-751 Petition to Remove the Conditions of Residence $465 $505
I-765 Application for Employment Authorization $340 $380
I-817 Application for Family Unity Benefits $440 $435
I-824 Application for Action on an Approved Application or Petition $340 $405
I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750
I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105–110) $285 $285
I-907 Request for Premium Processing Service $1,000 $1,225
Civil Surgeon Designation $0 $615
I-924 Application for Regional Center under the Immigrant Investor Pilot Program $0 $6,230
N-300 Application to File Declaration of Intention $235 $250
N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650
N-400 Application for Naturalization $595 $595
N-470 Application to Preserve Residence for Naturalization Purposes $305 $330
N-565 Application for Replacement Naturalization/Citizenship Document $380 $345
N-600/600K Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322 $460 $600
Immigrant Visa DHS Domestic Processing $0 $165
Biometrics Capturing, Processing, and Storing Biometric Information $80 $85

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www.ImmigrationLawyerMN.com

Wednesday, October 27, 2010

President Obama and Immigration Reform

According to the New York Times, President Obama still vows to push immigration reform. “I’m going to keep my promise on immigration reform,” NYT, Oct. 25, 2010.

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www.ImmigrationLawyer.com

Monday, October 18, 2010

Be Careful When Using Facebook, Myspace...Immigration May be Watching

U.S. Citizenship and Immigration Services - USCIS, has made clear that it uses social networking sites to mine for information when investigating people, "This provides an excellent vantage point for FDNS [Office of Fraud Detection and National Security] to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities."

It will be interesting to see what, if any, measures Facebook and others take to maintain the integrity of their services and keep customer matters private to prevent artificial "friends" from infiltrating your information.

www.cundyandmartin.com

www.ImmigrationLawyerMN.com

Wednesday, September 29, 2010

Abercrombie & Fitch Immigration Problem results $1 million fine

"U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) announced today a $1,047,110 fine settlement reached with the clothing retailer Abercrombie & Fitch for violations of the Immigration and Nationality Act related to an employer's obligation to verify the employment eligibility of its workers. The settlement is the result of a November 2008 Form I-9 inspection of Abercrombie & Fitch's retail stores in Michigan. The audit uncovered numerous technology-related deficiencies in Abercrombie & Fitch's electronic I-9 verification system." ICE, Sept. 28, 2010.

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http://www.immigrationlawyermn.com/

Monday, September 27, 2010

Immigration Filing Fees Increasing

DHS will increase the fees by a weighted average of 10 percent effective November 23, 2010. Applications or petitions mailed, postmarked, or otherwise filed on or after November 23, 2010 must include the new fee.


www.ImmigrationLawyerMN.com


www.cundyandmartin.com

Wednesday, September 22, 2010

Criminal Lawyers Need to Know Padilla

If you are a criminal lawyer, you need to be familiar with the U.S. Supreme Court case Padilla v. Kentucky, 130 S. Ct. 1473 (2010). The U.S. Department of Justice, Office of Immigration Litigation, has put together the Reference Guide to Immigration Consequences of Crimes in Response to Supreme Court Decision in Padilla v. Kentucky.

You can get this guide at: http://www.justice.gov/civil/oil/Padilla_Monograph.htm


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http://www.immigrationlawyermn.com/

Monday, August 30, 2010

Work Permit for F-1 Students from Haiti

U.S. Immigration and Customs Enforcement (ICE) has approved special relief for certain F-1 Haitian students who have suffered severe economic hardship as result of the Jan. 12 earthquake in Haiti. This relief applies only to students who were lawfully present in the United States in F-1 status on Jan. 12, and enrolled in an institution that is certified by ICE's Student and Exchange Visitor Program. F-1 students granted employment authorization by means of this notice will be deemed to be engaged in a full course of study if they meet the minimum course-load requirements specified in the notice. ICE, Aug. 30, 2010.

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www.ImmigrationLawyerMN.com

Tuesday, July 27, 2010

Immigration Filing Fees

USCIS Expands Payment Options at All Domestic Offices

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced that beginning October 1, 2010, domestic offices and U.S. territories, including the U.S. Virgin Islands and Guam, will no longer accept cash payment. Eliminating the acceptance of cash will reduce USCIS operating costs. As an alternative to cash, our customers may pay using checks (including personal checks), money orders, and credit cards. Checks and money orders must be made payable to the U.S. Department of Homeland Security. Processing of your application will not be affected by the use of an alternative payment method.

USCIS accepts credit cards in all Field Offices that accept payments. Accepted cards include Visa®, Mastercard®, American Express®, and Discover® Network.

www.cundyandmartin.com

www.ImmigrationLawyerMN.com

Immigration Filing Fees

USCIS Expands Payment Options at All Domestic Offices

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced that beginning October 1, 2010, domestic offices and U.S. territories, including the U.S. Virgin Islands and Guam, will no longer accept cash payment. Eliminating the acceptance of cash will reduce USCIS operating costs. As an alternative to cash, our customers may pay using checks (including personal checks), money orders, and credit cards. Checks and money orders must be made payable to the U.S. Department of Homeland Security. Processing of your application will not be affected by the use of an alternative payment method.

USCIS accepts credit cards in all Field Offices that accept payments. Accepted cards include Visa®, Mastercard®, American Express®, and Discover® Network.



http://www.cundyandmartin.com/



http://www.immigrationlawyermn.com/

Saturday, June 12, 2010

Immigration Fees Going Up

U.S. Citizenship and Immigration Services (USCIS) plans to adjust fees for immigration benefit applications and petitions. The proposal would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

The proposed fee structure would establish three new fees, including a fee for regional center designations under the Immigrant Investor Pilot Program, a fee for individuals seeking civil surgeon designation and a fee to recover USCIS's cost of processing immigrant visas granted by the Department of State. The proposed fee structure also reduces fees for certain individual applications and petitions as a result of lower processing costs.

www.CundyandMartin.com

www.ImmigrationLawyerMN.com

Friday, April 30, 2010

VWP Marriage Green Card Denied

VWP Green Card Applicants Beware

The U.S. Court of Appeals for the Third Circuit has now joined other courts in holding that a person who files for adjustment of status (green card) after his or her VWP period expires, waives the right to contest removal (deportation) proceedings.

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http://www.immigrationlawyermn.com/

Monday, April 12, 2010

H-1B Visas Still Available

As of Friday, April 9, 2010, U.S. Citizenship and Immigration Services (USCIS) continues to
accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will
monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

www.CundyAndMartin.com

www.ImmigrationLawyerMN.com

Tuesday, March 23, 2010

Immigration Reform

Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) recently presented their blueprint for immigration reform legislation. The outline of their proposal rests on four pillars: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization.

See the article in the Washington Post at: http://www.washingtonpost.com/wp-dyn/content/article/2010/03/17/AR2010031703115.html?hpid=opinionsbox1

For more information on immigration law, deportation, green cards, K-1 fiance visas, and work visas, visit us at www.CundyAndMartin.com or www.ImmigrationLawyerMN.com .

Wednesday, February 3, 2010

K-2 Age Out Update

A federal court has ruled that K-2 visa holder who timely applies for adjustment of status under INA § 245(d) must be under 21 when he or she seeks to enter the U.S., but not when the adjustment application is finally adjudicated. (Carpio v. Holder, 1/12/10).

A K-2 visa holder is the derivative beneficiary child of a principal K-1 fiance visa holder.

http://www.immigrationlawyermn.com/

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Friday, January 29, 2010

HIV Immigration News

As of January 4, 2010, infection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection. As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed.

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www.ImmigrationLawyerMN.com

Saturday, January 9, 2010

Obama Immigration Law Reform Unlikely

The New York Times is reporting that immigration reform in 2010 under president Obama is unlikely. "Mexico's ambassador to the United States said Friday he expects immigration reform is unlikely to pass in that country in 2010 because of unemployment and midterm elections. In an unusually frank assessment, Ambassador Arturo Sarukhan said Mexico will continue its quiet, ''under the radar'' lobbying for a reform that would benefit the estimated 11.8 million Mexicans living in the United States. A large percentage are undocumented."

For the rest of the story, see:

http://www.nytimes.com/aponline/2010/01/08/world/AP-LT-Mexico-US-Migration.html?_r=1

http://www.immigrationlawyermn.com/

http://www.cundyandmartin.com/