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
Thursday, October 16, 2008
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
Wednesday, September 24, 2008
TPS Extended for Immigrants from El Salvador
USCIS announced today an 18-month extension of TPS - temporary protected status for El Salvador.
Details of the USCIS announcement are below:
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend Temporary Protected Status (TPS) for nationals of El Salvador through Sep. 9, 2010. The extension will make those who have already been granted TPS eligible to reregister and maintain their status for an additional 18 months. There are approximately 229,000 nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who are eligible for reregistration. TPS does not apply to Salvadoran nationals who entered the United States after Feb. 13, 2001.
The extension of TPS for El Salvador is effective Mar. 10, 2009 and will remain in effect through Sep. 9, 2010. Nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who have been granted TPS must reregister for the 18-month extension during the reregistration period beginning the day it is published in the Federal Register and remaining in effect 90 days thereafter. Salvadoran TPS beneficiaries are strongly encouraged to apply as soon as possible following the start of the 90-day reregistration period. Applications from Salvadoran TPS beneficiaries will not be accepted prior to the opening of the reregistration period.
TPS beneficiaries must submit the Application for Temporary Protected Status Form I-821 without the application fee and the Application for Employment Authorization Form I-765 in order to reregister for TPS. All applicants seeking an extension of employment authorization through Sep. 9, 2010 must submit the required application filing fee with Form I-765. If the applicant is only seeking to reregister for TPS and not seeking an extension of employment authorization, he or she must submit Form I-765 for data-gathering purposes only, and is not required to submit the I-765 filing fee. The biometric service fee must be submitted by all reregistrants 14 years of age and older. Applicants may request a fee waiver for any of the application or biometric service fees in accordance with the regulations. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the reregistration application.
www.cundyandmartin.com Immigration Lawyers in Minnesota
Details of the USCIS announcement are below:
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend Temporary Protected Status (TPS) for nationals of El Salvador through Sep. 9, 2010. The extension will make those who have already been granted TPS eligible to reregister and maintain their status for an additional 18 months. There are approximately 229,000 nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who are eligible for reregistration. TPS does not apply to Salvadoran nationals who entered the United States after Feb. 13, 2001.
The extension of TPS for El Salvador is effective Mar. 10, 2009 and will remain in effect through Sep. 9, 2010. Nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who have been granted TPS must reregister for the 18-month extension during the reregistration period beginning the day it is published in the Federal Register and remaining in effect 90 days thereafter. Salvadoran TPS beneficiaries are strongly encouraged to apply as soon as possible following the start of the 90-day reregistration period. Applications from Salvadoran TPS beneficiaries will not be accepted prior to the opening of the reregistration period.
TPS beneficiaries must submit the Application for Temporary Protected Status Form I-821 without the application fee and the Application for Employment Authorization Form I-765 in order to reregister for TPS. All applicants seeking an extension of employment authorization through Sep. 9, 2010 must submit the required application filing fee with Form I-765. If the applicant is only seeking to reregister for TPS and not seeking an extension of employment authorization, he or she must submit Form I-765 for data-gathering purposes only, and is not required to submit the I-765 filing fee. The biometric service fee must be submitted by all reregistrants 14 years of age and older. Applicants may request a fee waiver for any of the application or biometric service fees in accordance with the regulations. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the reregistration application.
www.cundyandmartin.com Immigration Lawyers in Minnesota
Wednesday, September 10, 2008
Not Enough H-2B Visa Temporary Workers Means Fewer Jobs for U.S. Workers
In a recent Economic Analysis conducted by the University of Maryland’s Sea Grant Extension Program, it was concluded that "every H2-B visa job lost is estimated to lead to a loss of 2.54 domestic jobs." While this report studied the crab industry, other industries utilizing the H-2B program have echoed this sentiment.
Read more at:
http://www.mdsg.umd.edu/programs/extension/communities/fisheries/H2B/
www.cundyandmartin.com Immigration Lawyers in Minnesota
Read more at:
http://www.mdsg.umd.edu/programs/extension/communities/fisheries/H2B/
www.cundyandmartin.com Immigration Lawyers in Minnesota
Thursday, August 28, 2008
Five “Deadly Sins” That Will Kill Any Immigration Application
Five “Deadly Sins” That Will Kill Any Immigration Application
Just because you are married to a U.S. citizen, have had a green card for several years, or have been traveling to the U.S. for years without any problems does not mean that you are not subject to deportation, denial of your immigration application, or denial of entry into the United States. Below are five things that any person who is filing an application with U.S. Citizenship and Immigration Services (USCIS) or seeking entry into the U.S. should keep in mind. If you have committed any of these “sins,” they can result in a denial of an application at best and deportation at worst.
1. Criminal Convictions.
If you have a conviction for any of the following crimes, you must be very cautious when dealing with USCIS. This is by no means an exhaustive list, but these are many of the common crimes that get people in trouble with USCIS: assault, DUI, theft, fraud, drug related crimes, and prostitution.
2. Falsely Claiming Citizenship.
If you believe that you may have falsely claimed to be a U.S. citizen, this may be a problem. This occurs quite often in the employment context where an employee is required to complete an I-9 form and checks the box on the form stating he or she is a U.S. citizen. This issue generally comes down to your intent at the time of the wrongful conduct but it can be a very serious matter. A person who is found to have falsely claimed to be a U.S. citizen can be barred permanently from the United States.
3. Prior Immigration Violations.
If you have previously violated your immigration status by, for example, working without authorization or overstaying your visa, this could be a problem. In addition, if you have previously been deported from the U.S. you must receive explicit permission from the immigration service in order to return to the United States. Simply remaining outside of the country for a few years is not enough. The law requires that you apply for and receive permission from the immigration service before you return. If you return illegally, after a prior deportation, you may be barred permanently from the U.S.
4. Fraud or Misrepresentation.
If you have committed fraud or misrepresentation this must be addressed before you file anything with USCIS. “Fraud” and “misrepresentation” sound like very serious offenses and therefore, many people do not believe that relatively minor “lies” are the same as fraud. But the immigration service can make a finding of fraud or misrepresentation for anything ranging from use of false documents for employment, to entering false information on an application, to using a fake visa or green card to enter the U.S. This is a very serious offense, so if you think you have done something that could be construed as fraud or misrepresentation, call you lawyer before filing anything with USCIS.
5. Remaining Outside of the U.S. for Too Long
If you are a permanent resident green card holder, you can find yourself in a lot of trouble if you have remained outside of the U.S. for an extended period of time. While you are free to travel as a green card holder, if you stay outside the country too long, the immigration service may find that you have abandoned your residence and revoke your green card. This can be the case even if you have entered the U.S. many times since your extended absence. The immigration service is allowed to look at your entire history when determining whether you have abandoned your resident status.
“If any of the above issues apply to you, there may still be hope.”
Even though you may have committed one of these “deadly sins,” there may be a waiver available for you. Under certain circumstances the immigration law allows the immigration service to “waive” a given problem in a case. That is to say, the immigration service may forgive the infraction and approve an application even though there is a basis to deny the case. Waivers are difficult to get and require a lot of evidence to prove your case, but it can be done in some cases.
In other situations, we have been successful in proving that the alleged infraction does not meet the criteria for denial of an application, deportation, etc. and as such, convince the immigration service or immigration judge to approve the case.
If you think any of these issues apply to you, seek the advice of an immigration attorney before you file anything with USCIS.
You may reach Vincent Martin at: (952) 746-4111, email:
vmartin@cundyandmartin.com or through his web site at http://www.cundyandmartin.com/ .
Disclaimer: Nothing in this article may be construed as legal advice. If you are in need of legal advice, you should contact Vincent Martin for assistance.
Just because you are married to a U.S. citizen, have had a green card for several years, or have been traveling to the U.S. for years without any problems does not mean that you are not subject to deportation, denial of your immigration application, or denial of entry into the United States. Below are five things that any person who is filing an application with U.S. Citizenship and Immigration Services (USCIS) or seeking entry into the U.S. should keep in mind. If you have committed any of these “sins,” they can result in a denial of an application at best and deportation at worst.
1. Criminal Convictions.
If you have a conviction for any of the following crimes, you must be very cautious when dealing with USCIS. This is by no means an exhaustive list, but these are many of the common crimes that get people in trouble with USCIS: assault, DUI, theft, fraud, drug related crimes, and prostitution.
2. Falsely Claiming Citizenship.
If you believe that you may have falsely claimed to be a U.S. citizen, this may be a problem. This occurs quite often in the employment context where an employee is required to complete an I-9 form and checks the box on the form stating he or she is a U.S. citizen. This issue generally comes down to your intent at the time of the wrongful conduct but it can be a very serious matter. A person who is found to have falsely claimed to be a U.S. citizen can be barred permanently from the United States.
3. Prior Immigration Violations.
If you have previously violated your immigration status by, for example, working without authorization or overstaying your visa, this could be a problem. In addition, if you have previously been deported from the U.S. you must receive explicit permission from the immigration service in order to return to the United States. Simply remaining outside of the country for a few years is not enough. The law requires that you apply for and receive permission from the immigration service before you return. If you return illegally, after a prior deportation, you may be barred permanently from the U.S.
4. Fraud or Misrepresentation.
If you have committed fraud or misrepresentation this must be addressed before you file anything with USCIS. “Fraud” and “misrepresentation” sound like very serious offenses and therefore, many people do not believe that relatively minor “lies” are the same as fraud. But the immigration service can make a finding of fraud or misrepresentation for anything ranging from use of false documents for employment, to entering false information on an application, to using a fake visa or green card to enter the U.S. This is a very serious offense, so if you think you have done something that could be construed as fraud or misrepresentation, call you lawyer before filing anything with USCIS.
5. Remaining Outside of the U.S. for Too Long
If you are a permanent resident green card holder, you can find yourself in a lot of trouble if you have remained outside of the U.S. for an extended period of time. While you are free to travel as a green card holder, if you stay outside the country too long, the immigration service may find that you have abandoned your residence and revoke your green card. This can be the case even if you have entered the U.S. many times since your extended absence. The immigration service is allowed to look at your entire history when determining whether you have abandoned your resident status.
“If any of the above issues apply to you, there may still be hope.”
Even though you may have committed one of these “deadly sins,” there may be a waiver available for you. Under certain circumstances the immigration law allows the immigration service to “waive” a given problem in a case. That is to say, the immigration service may forgive the infraction and approve an application even though there is a basis to deny the case. Waivers are difficult to get and require a lot of evidence to prove your case, but it can be done in some cases.
In other situations, we have been successful in proving that the alleged infraction does not meet the criteria for denial of an application, deportation, etc. and as such, convince the immigration service or immigration judge to approve the case.
If you think any of these issues apply to you, seek the advice of an immigration attorney before you file anything with USCIS.
You may reach Vincent Martin at: (952) 746-4111, email:
vmartin@cundyandmartin.com or through his web site at http://www.cundyandmartin.com/ .
Disclaimer: Nothing in this article may be construed as legal advice. If you are in need of legal advice, you should contact Vincent Martin for assistance.
Wednesday, August 6, 2008
New ICE program gives non-criminal fugitive aliens opportunity to avoid arrest and detention
U.S. Immigration and Customs Enforcement (ICE) has announced the launch of a pilot program, Scheduled Departure, which will begin next week in five cities. The program allows fugitive aliens who have no criminal history and pose no threat to the community an opportunity to remain out of custody while they coordinate their removal with ICE.
For more information, see http://www.ice.gov/pi/nr/0807/080731washington.htm
Comment:
It is important to note that this program does not lessen the severity of having a deportation order on one's record, it does not provide for leniency upon seeking return to the U.S., and does not bestow any immigration status. It is merely a way for someone who has an outstanding warrant for his or her deportation to turn themselves in rather than have ICE "hunt them down."
For more information, see http://www.ice.gov/pi/nr/0807/080731washington.htm
Comment:
It is important to note that this program does not lessen the severity of having a deportation order on one's record, it does not provide for leniency upon seeking return to the U.S., and does not bestow any immigration status. It is merely a way for someone who has an outstanding warrant for his or her deportation to turn themselves in rather than have ICE "hunt them down."
Thursday, July 31, 2008
USCIS REACHES H-2B CAP FOR FIRST HALF OF FISCAL YEAR 2009
USCIS has announced the following:
USCIS REACHES H-2B CAP FOR FIRST HALF OF FISCAL YEAR 2009
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half
of Fiscal Year 2009 (FY2009). USCIS is hereby notifying the public that July 29, 2008 is the "final
receipt date" for new H-2B worker petitions requesting employment start dates prior to April 1, 2009.
The "final receipt date" is the date on which USCIS determines that it has received enough cap-subject
petitions to reach the limit of 33,000 H-2B workers for the first half of FY2009.
USCIS will reject petitions for new H-2B workers seeking employment start dates prior to April 1, 2009
that arrive after July 29, 2008.
USCIS will apply a computer-generated random selection process to all petitions which are subject to the
cap and were received on July 29, 2008. USCIS will use this process to select the number of petitions
needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly
selected.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated
bi-annual H-2B cap. USCIS will continue to process petitions filed to:
• Extend the stay of a current H-2B worker in the United States;
• Change the terms of employment for current H-2B workers and extend their stay; or
• Allow current H-2B workers to change or add employers and extend their stay.
USCIS REACHES H-2B CAP FOR FIRST HALF OF FISCAL YEAR 2009
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half
of Fiscal Year 2009 (FY2009). USCIS is hereby notifying the public that July 29, 2008 is the "final
receipt date" for new H-2B worker petitions requesting employment start dates prior to April 1, 2009.
The "final receipt date" is the date on which USCIS determines that it has received enough cap-subject
petitions to reach the limit of 33,000 H-2B workers for the first half of FY2009.
USCIS will reject petitions for new H-2B workers seeking employment start dates prior to April 1, 2009
that arrive after July 29, 2008.
USCIS will apply a computer-generated random selection process to all petitions which are subject to the
cap and were received on July 29, 2008. USCIS will use this process to select the number of petitions
needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly
selected.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated
bi-annual H-2B cap. USCIS will continue to process petitions filed to:
• Extend the stay of a current H-2B worker in the United States;
• Change the terms of employment for current H-2B workers and extend their stay; or
• Allow current H-2B workers to change or add employers and extend their stay.
Subscribe to:
Posts (Atom)
