The Department of Homeland Security (DHS) is amending its regulations governing the types of
acceptable identity and employment authorization documents and receipts that employees may present to their employers for completion of the Form I–9, Employment Eligibility Verification.
Under this interim rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I–9. This rule also adds a new document to the list of
acceptable documents that evidence both identity and employment authorization and makes several technical corrections and updates.
This rule is effective February 2, 2009.
Read more at:
http://edocket.access.gpo.gov/2008/pdf/E8-29874.pdf
www.cundyandmartin.com
Minnesota Immigration Lawyers
Wednesday, December 17, 2008
Monday, December 8, 2008
How long can a Green Card holder stay outside of the United States?
Losing Permanent Residence Because of Travel
By Minnesota Immigration Lawyer - www.cundyandmartin.com
There are many myths about how long a permanent resident (green card holder) may remain outside of the United States before losing his or her green card status. This article will address some of those myths and provide the information necessary to try and avoid getting into trouble due to staying outside of the U.S. longer than the immigration law permits.
Myth 1 - “Now that I have my green card I can move back to my country.”
If you remain outside of the U.S. for more than one year continuously, you may lose your green card automatically. The Immigration Service takes the position that if you stay out this long, you have abandoned your green card status.
Myth 2 - “If I visit the U.S. once a year I’ll be okay.”
This is wrong. The law and the Immigration Service look to your “intent” or the purpose of your travel, not just whether you have returned to the U.S. once in a while. In fact, even if you travel to the U.S. frequently but you are living abroad, the Immigration Service may find that you have abandoned your residence and revoke your green card. The test is whether you intended to be abroad temporarily or whether you plan to live abroad permanently, not simply the time you spend outside of the U.S.
For example, if a person stays outside of the U.S. continuously and returns every few months but has no “roots” in the U.S., such as a job, bank accounts, a home, yearly tax returns, etc., the Immigration Service may find abandonment. On the other hand, if a person has strong ties to the U.S. but only returns once a year because he or she is abroad taking care of an ill or elderly family member, a finding of abandonment would not be appropriate if all other aspects of the person’s life establish that he or she has no intent of abandoning his or her residence (e.g., maintains a home, pays taxes, owns a business, etc.).
In determining whether a person has abandoned his residence, the courts have generally looked at the following factors: a. Purpose of departure; b. Existence of fixed termination date for visit abroad; and c. Objective intention to return to U.S. as place of permanent employment or actual home.
“How will the Immigration Service know how long I’ve been gone?”
This typically occurs either at the time you return to the U.S. and come through customs or when you apply for citizenship and the Immigration Service inquires about your travels.
“It is important to note that you have the right to contest the Immigration Service’s allegation that you have abandoned your residence.”
In order to prevail on a finding that someone has abandoned her green card status, the Immigration Service must prove by “clear, unequivocal and convincing evidence” that residence has been abandoned.
If it was not your intent to abandon your residence and you maintained strong ties to the U.S., do not be intimidated by the Immigration Service merely because an immigration officer makes allegations of abandonment – make them prove it!
Myth 3 - “I am automatically eligible for citizenship after five years.”
One last point about traveling abroad is that it may effect your eligibility for U.S. citizenship. In addition to maintaining your ties to the U.S., you must also be physically present in the U.S. for certain periods of time in order to be eligible for citizenship. Generally, you must be physically present in the U.S. for at least half of the previous five years.
For most travelers, abandonment of residence will not be an issue, but for those who stay outside the U.S. for extended periods of time, the above tips should be kept in mind.
Minnesota Immigration Lawyer - www.immigrationlawmn.com
By Minnesota Immigration Lawyer - www.cundyandmartin.com
There are many myths about how long a permanent resident (green card holder) may remain outside of the United States before losing his or her green card status. This article will address some of those myths and provide the information necessary to try and avoid getting into trouble due to staying outside of the U.S. longer than the immigration law permits.
Myth 1 - “Now that I have my green card I can move back to my country.”
If you remain outside of the U.S. for more than one year continuously, you may lose your green card automatically. The Immigration Service takes the position that if you stay out this long, you have abandoned your green card status.
Myth 2 - “If I visit the U.S. once a year I’ll be okay.”
This is wrong. The law and the Immigration Service look to your “intent” or the purpose of your travel, not just whether you have returned to the U.S. once in a while. In fact, even if you travel to the U.S. frequently but you are living abroad, the Immigration Service may find that you have abandoned your residence and revoke your green card. The test is whether you intended to be abroad temporarily or whether you plan to live abroad permanently, not simply the time you spend outside of the U.S.
For example, if a person stays outside of the U.S. continuously and returns every few months but has no “roots” in the U.S., such as a job, bank accounts, a home, yearly tax returns, etc., the Immigration Service may find abandonment. On the other hand, if a person has strong ties to the U.S. but only returns once a year because he or she is abroad taking care of an ill or elderly family member, a finding of abandonment would not be appropriate if all other aspects of the person’s life establish that he or she has no intent of abandoning his or her residence (e.g., maintains a home, pays taxes, owns a business, etc.).
In determining whether a person has abandoned his residence, the courts have generally looked at the following factors: a. Purpose of departure; b. Existence of fixed termination date for visit abroad; and c. Objective intention to return to U.S. as place of permanent employment or actual home.
“How will the Immigration Service know how long I’ve been gone?”
This typically occurs either at the time you return to the U.S. and come through customs or when you apply for citizenship and the Immigration Service inquires about your travels.
“It is important to note that you have the right to contest the Immigration Service’s allegation that you have abandoned your residence.”
In order to prevail on a finding that someone has abandoned her green card status, the Immigration Service must prove by “clear, unequivocal and convincing evidence” that residence has been abandoned.
If it was not your intent to abandon your residence and you maintained strong ties to the U.S., do not be intimidated by the Immigration Service merely because an immigration officer makes allegations of abandonment – make them prove it!
Myth 3 - “I am automatically eligible for citizenship after five years.”
One last point about traveling abroad is that it may effect your eligibility for U.S. citizenship. In addition to maintaining your ties to the U.S., you must also be physically present in the U.S. for certain periods of time in order to be eligible for citizenship. Generally, you must be physically present in the U.S. for at least half of the previous five years.
For most travelers, abandonment of residence will not be an issue, but for those who stay outside the U.S. for extended periods of time, the above tips should be kept in mind.
Minnesota Immigration Lawyer - www.immigrationlawmn.com
Wednesday, November 12, 2008
Learn English With Help from Government
The information below is from the U.S. Department of Education and provided as a courtesy of Cundy & Martin, LLC, Minnesota Family, Divorce, and Immigration Lawyers www.cundyandmartin.com .
The U.S. Department of Education today launched U.S.A. Learns, a free Web site to help immigrants learn English. The Web site, which is located at www.USALearns.org, provides approximately 11 million adults who have low levels of English proficiency with easily accessible and free English language training.
"America's limited-English adults will now have readily available materials to improve their literacy and help them become more productive workers, better parents, engaged community members and active citizens," said Troy Justesen, assistant secretary for the Office of Vocational and Adult Education.
Launch of the site completes one of the goals in President Bush's Aug. 10, 2007, announcement of 26 immigration reforms that his Administration would pursue within existing law -- including the assimilation of new citizens and helping immigrants learn English to expand their opportunities in America. Recognizing that "[k]nowledge of English is the most important component of assimilation" and "an investment in tools to help new Americans learn English will be repaid many times over," the Administration pledged to launch a free, Web-based portal to help immigrants learn English.
The U.S. Department of Education today launched U.S.A. Learns, a free Web site to help immigrants learn English. The Web site, which is located at www.USALearns.org, provides approximately 11 million adults who have low levels of English proficiency with easily accessible and free English language training.
"America's limited-English adults will now have readily available materials to improve their literacy and help them become more productive workers, better parents, engaged community members and active citizens," said Troy Justesen, assistant secretary for the Office of Vocational and Adult Education.
Launch of the site completes one of the goals in President Bush's Aug. 10, 2007, announcement of 26 immigration reforms that his Administration would pursue within existing law -- including the assimilation of new citizens and helping immigrants learn English to expand their opportunities in America. Recognizing that "[k]nowledge of English is the most important component of assimilation" and "an investment in tools to help new Americans learn English will be repaid many times over," the Administration pledged to launch a free, Web-based portal to help immigrants learn English.
Thursday, November 6, 2008
Labor Certification - How much effort must an employer make to contact applicants?
By Vincent Martin, Bloomington, Minnesota, Immigration Lawyer
In a recent labor certification case, the Board of Alien Labor Certification Appeals (BALCA) held that an employer must do more in its attempts to contact applicants than email and telephone calls.
"What constitutes a reasonable effort to contact a qualified U.S. applicant depends on the particular facts of the case under consideration. Where an employer establishes timely, actual contact, ipso facto, a reasonable effort is proved. HRT Clinical Laboratory, 1997-INA-362 (March 10, 1998). In some circumstances it requires more than a single type of attempted
contact. Yaron Development Co., Inc., 1989-INA-178 (Apr. 19, 1991) (enbanc). An employer who does no more than make unanswered phone calls or leave a message on an answering machine has not made a reasonable effort to contact the U.S. worker, where the addresses were available for applicants; in such a case the employer should follow up with a letter –which may be certified mail, return receipt requested. Any Phototype, Inc., 1990-INA-63 (May 22, 1991); Gambino’s Restaurant, 1990-INA-320 (Sept. 17, 1991). M.N. Auto Electric Corp., USDOL/OALJ Reporter at 10-11.
contact. Yaron Development Co., Inc., 1989-INA-178 (Apr. 19, 1991) (enbanc). An employer who does no more than make unanswered phone calls or leave a message on an answering machine has not made a reasonable effort to contact the U.S. worker, where the addresses were available for applicants; in such a case the employer should follow up with a letter –which may be certified mail, return receipt requested. Any Phototype, Inc., 1990-INA-63 (May 22, 1991); Gambino’s Restaurant, 1990-INA-320 (Sept. 17, 1991). M.N. Auto Electric Corp., USDOL/OALJ Reporter at 10-11.
In the instant case, the Employer argued that its efforts to telephone or email two of the applicants in order to schedule an interview constituted good faith recruitment because such a procedure is the way recruitment normally occurs in its business. We agree with the CO, however, that what may be considered adequate recruitment by anemployer for routine hiring is not necessarily adequate to establish good faith efforts to recruit U.S. workers for the purposes of supporting a labor certification application. Clearly, sending a recruitment letter to the two applicants who could not be reached by telephone would not be an undue burden. In the instant case, there is no evidence that the Employer attempted any alternative means of contact, by certified mail or regular mail, despite the unsuccessful telephone calls and email. The Employer’s meager steps toward trying to reach applicants show a minimal effort that by itself does not equate to a good faith recruitment effort. The Employer's effort must show that it seriously wanted to consider the U. S. applicant for the job, not to merely go through the motions of a
recruiting effort without serious intent. Dove Homes, Inc., 1987-INA-680 (May 25, 1988)
(en banc); Suniland Music Shoppes, 1988-INA-93 (Mar. 20, 1989) (en banc)."
BALCA Case No.: 2008-INA-00065
Tuesday, November 4, 2008
Immigration Help for Military
Information Help for Members of the Military and Their Families
Military Help Line
USCIS has established a toll-free military help line, 1-877-CIS-4MIL (1-877-247-4645), exclusively for members of the military and their families. USCIS customer service specialists are available to answer calls Monday through Friday from 8 a.m. until 4:30 p.m. (CST), excluding federal holidays. After-hours callers will receive an email address that they can use to contact USCIS for assistance. Callers will receive assistance with immigration-related information, such as:
Tracking their application for naturalization (Form N-400);
Notifying USCIS of a new mailing address or duty station;
Checking the status of an application or petition;
Bringing a spouse, fiancé(e) or adopted child to the United States;
Obtaining posthumous citizenship for a deceased member of the Armed Services; and
Submitting an application for expedited processing.
Service members and their families stationed in the United States or overseas may access the help line using the toll-free number, through their base telephone operator or using the Defense Switched Network (DSN). Operators will ask members of the general public to call our main customer service line: 1-800-375-5283.
Military Help Line
USCIS has established a toll-free military help line, 1-877-CIS-4MIL (1-877-247-4645), exclusively for members of the military and their families. USCIS customer service specialists are available to answer calls Monday through Friday from 8 a.m. until 4:30 p.m. (CST), excluding federal holidays. After-hours callers will receive an email address that they can use to contact USCIS for assistance. Callers will receive assistance with immigration-related information, such as:
Tracking their application for naturalization (Form N-400);
Notifying USCIS of a new mailing address or duty station;
Checking the status of an application or petition;
Bringing a spouse, fiancé(e) or adopted child to the United States;
Obtaining posthumous citizenship for a deceased member of the Armed Services; and
Submitting an application for expedited processing.
Service members and their families stationed in the United States or overseas may access the help line using the toll-free number, through their base telephone operator or using the Defense Switched Network (DSN). Operators will ask members of the general public to call our main customer service line: 1-800-375-5283.
If you are unsuccessful in getting your answers from USCIS, please feel free to contact our office at vmartin@cundyandmartin.com or www.cundyandmartin.com for help from a Minnesota Immigration Lawyer.
Thursday, October 16, 2008
Selective Service for Immigrants
The following is from the U.S. Selective Service System:
ATTENTION, UNDOCUMENTED MALES & IMMIGRANT SERVICING GROUPS!
If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. You can register at any U.S. Post Office and do not need a social security number. When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636.
Be sure to register before your 26th birthday. After that, it’s too late!
Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today.
www.cundyandmartin.com
Minnesota Immigration Lawyers
ATTENTION, UNDOCUMENTED MALES & IMMIGRANT SERVICING GROUPS!
If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. You can register at any U.S. Post Office and do not need a social security number. When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636.
Be sure to register before your 26th birthday. After that, it’s too late!
Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today.
www.cundyandmartin.com
Minnesota Immigration Lawyers
Monday, October 13, 2008
H-2B Visa Filing
If you are looking to hire H-2B workers to start on April 1, 2009, you can now file your I-129 petition / application with USCIS. Keep in mind that you must first receive labor certification (LC) approval from the Department of Labor (DOL) first.
To hire a lawyer to help with the temporary worker visa process, please visit:
http://www.cundyandmartin.com/ http://www.immigrationlawyermn.com/
Minnesota Immigration Lawyers
To hire a lawyer to help with the temporary worker visa process, please visit:
http://www.cundyandmartin.com/ http://www.immigrationlawyermn.com/
Minnesota Immigration Lawyers
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