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.
www.cundyandmartin.com
www.ImmigrationLawyerMN.com
Friday, January 29, 2010
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/
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/
Wednesday, December 23, 2009
H-1B Visa Cap Reached
Fiscal Year 2010 H-1B Cap Count
As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.
H-1B Lawyers of Minnesota
http://www.cundyandmartin.com/immigration/work-visas/h-1b.php
As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.
H-1B Lawyers of Minnesota
http://www.cundyandmartin.com/immigration/work-visas/h-1b.php
Tuesday, November 24, 2009
Immigration News on Worksite Enforcement, Raids, DHS Visits, and Illegal Immigration. USCIS and ICE Focus on Work Visas.
The Department of Homeland Security, through an announcement entitled "2009 Government and Employers: Working Together to Ensure a Legal Workforce," explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based, this study is part of a joint program between USCIS and ICE. Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
2. Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
3. Administrative site visits. These relate to religious worker and H-1B petitions. They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
http://www.immigrationlawyermn.com/
http://www.cundyandmartin.com/
(952) 746-4111
Immigration Lawyers of Minnesota
1. Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based, this study is part of a joint program between USCIS and ICE. Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
2. Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
3. Administrative site visits. These relate to religious worker and H-1B petitions. They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
http://www.immigrationlawyermn.com/
http://www.cundyandmartin.com/
(952) 746-4111
Immigration Lawyers of Minnesota
Friday, October 23, 2009
Duluth, Minnesota, Immigration Lawyers and Attorneys
Duluth, Minnesota, Immigration Lawyers and Attorneys
www.DuluthImmigrationLawyer.com
www.ImmigrationLawyerMN.com
www.cundyandmartin.com
The city of Duluth is located in northeast Minnesota and is home to both historic roots of the north, as well as, a diverse population of native northerners and foreign born immigrants. Duluth is the hub of the Minnesota northland for such cities as Cloquet, Hermantown, Proctor, Two Harbors, Hibbing, and Superior, Wisconsin.
Total population is approximately 85,000. According to U.S. census data:
12.5% of the population is foreign born
19.5% speak another language, other than English, within the home
15% of the population is non-white or non-black, i.e., they are Hispanic, Asian, etc.
The central U.S. Immigration office and Immigration Court that serves Duluth and Minnesota, generally, is located in Bloomington, MN. This means that even though you may live in Duluth, if you are seeking a work visa, family sponsorship, green card, K-1 fiance visa or facing deportation, you will need an immigration attorney who is familiar with U.S. Citizenship and Immigration Services – USCIS, U.S. Immigration and Customs Enforcement – ICE, and the Immigration Court in Bloomington. Cundy and Martin, LLC, is located in Bloomington, MN, and serves clients out of Duluth while its main office is located in Bloomington, near USCIS, ICE, and the Federal Immigration Court, to address the immigration needs and concerns of its diverse clientele.
Call or email our office if you need immigration assistance and Vincent Martin will gladly help you. Mr. Martin is a Partner at Cundy & Martin, LLC, and heads the Immigration Practice Group. Vincent represents employers, business personnel, investors, families seeking to sponsor other family members, students, asylees, and those facing deportation with all areas of immigration law. Vincent has helped countless clients with work visas, family visas, and deportation defense.
Call (952) 746-4111
vmartin@cundyandmartin.com
www.DuluthImmigrationLawyer.com
www.DuluthImmigrationLawyer.com
www.ImmigrationLawyerMN.com
www.cundyandmartin.com
The city of Duluth is located in northeast Minnesota and is home to both historic roots of the north, as well as, a diverse population of native northerners and foreign born immigrants. Duluth is the hub of the Minnesota northland for such cities as Cloquet, Hermantown, Proctor, Two Harbors, Hibbing, and Superior, Wisconsin.
Total population is approximately 85,000. According to U.S. census data:
12.5% of the population is foreign born
19.5% speak another language, other than English, within the home
15% of the population is non-white or non-black, i.e., they are Hispanic, Asian, etc.
The central U.S. Immigration office and Immigration Court that serves Duluth and Minnesota, generally, is located in Bloomington, MN. This means that even though you may live in Duluth, if you are seeking a work visa, family sponsorship, green card, K-1 fiance visa or facing deportation, you will need an immigration attorney who is familiar with U.S. Citizenship and Immigration Services – USCIS, U.S. Immigration and Customs Enforcement – ICE, and the Immigration Court in Bloomington. Cundy and Martin, LLC, is located in Bloomington, MN, and serves clients out of Duluth while its main office is located in Bloomington, near USCIS, ICE, and the Federal Immigration Court, to address the immigration needs and concerns of its diverse clientele.
Call or email our office if you need immigration assistance and Vincent Martin will gladly help you. Mr. Martin is a Partner at Cundy & Martin, LLC, and heads the Immigration Practice Group. Vincent represents employers, business personnel, investors, families seeking to sponsor other family members, students, asylees, and those facing deportation with all areas of immigration law. Vincent has helped countless clients with work visas, family visas, and deportation defense.
Call (952) 746-4111
vmartin@cundyandmartin.com
www.DuluthImmigrationLawyer.com
Friday, October 9, 2009
ICE and USCIS Worksite Visits H-1B Employers
The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE), is targeting both employers with laborers and professional workers. ICE has undertaken an aggressive position toward investigating potential immigration violations at worksites. Employers and immigration attorneys nationwide are reporting surprise visits by ICE at worksites. However, unlike the visits of the past where ICE typically only raided undocumented workers at jobs such as meat processing plants, apparel factories, and the like, DHS is now visiting employers who employ professional workers under the H-1B program. The H-1B program generally grants work visas to those filling jobs that require a bachelor’s degree or higher. Such workers can include accountants, engineers, computer programmers, etc.
It appears that many of the H-1B visits by DHS are not triggered by anything in particular as small and large employers have been visited. In fact, very reputable companies with established histories of complying with the immigration law are being visited. This has caused some to question the efficiency and effectiveness of such visits at taxpayer expense. As employers become fearful of DHS investigations, I think it may a chilling effect on whether employers will select the best qualified candidates for jobs or the candidate that will result in the least scrutiny by our immigration service. This would not be good for business nor the public. If an employer has followed the rules, it should not have to expend time and resources, nor deal with the disruption, that surprise visits by DHS causes at the workplace. The legality of such warrantless “visits” has yet to be challenged in the courts, but it will only be a matter of time before an employer raises such issues.
There is a place for worksite enforcement by immigration officials, but there is also a need for a reasoned strategy.
www.ImmigrationLawyerMN.com
It appears that many of the H-1B visits by DHS are not triggered by anything in particular as small and large employers have been visited. In fact, very reputable companies with established histories of complying with the immigration law are being visited. This has caused some to question the efficiency and effectiveness of such visits at taxpayer expense. As employers become fearful of DHS investigations, I think it may a chilling effect on whether employers will select the best qualified candidates for jobs or the candidate that will result in the least scrutiny by our immigration service. This would not be good for business nor the public. If an employer has followed the rules, it should not have to expend time and resources, nor deal with the disruption, that surprise visits by DHS causes at the workplace. The legality of such warrantless “visits” has yet to be challenged in the courts, but it will only be a matter of time before an employer raises such issues.
There is a place for worksite enforcement by immigration officials, but there is also a need for a reasoned strategy.
www.ImmigrationLawyerMN.com
Thursday, August 13, 2009
Obama Immigration Law Reform
Obama Immigration Law Reform
President Barack Obama recently announced that he expects to have a new immigration law proposal in Congress by the end of the year, but that there will not be a new immigration law in effect until next year. He stated that there needs to be "a pathway to citizenship" for millions of illegal immigrants in the United States, and that the system must be reworked to avoid tensions with Mexico. Without it, he said, Mexicans will keep crossing the border in dangerous ways and employers will continue exploiting workers. "We can create a system in which you have . . . an orderly process for people to come in, but we're also giving an opportunity for those who are already in the United States to be able to achieve a pathway to citizenship so that they don't have to live in the shadows,"
This gives hope to many immigrants in the U.S., legal or illegal, documented or undocumented, as a new immigration law could effect not only the millions of illegal aliens or undocumented workers in the U.S., but also their families. Many family members of undocumented immigrants are lawful U.S. citizens, especially their U.S. born children. Even though an illegal alien may have a U.S. citizen immediate family member, the U.S. immigration law does not provide a clear path to legalization.
Under the current law, most illegal or undocumented immigrants must return to their home country before they can become legal in the United States. The problem that this creates is that once the person departs the U.S. to comply with the law, another section of the law bars them from returning for 10 years or more. Unfortunatley, many immigrants, in attempting to comply with our laws, leave the U.S. with the hope of returning through family sponsorship, only to learn at their visa interview at the U.S. consulate, that they are barred for ten years because of their previous unlawful presence in the U.S.
With hope that there will be immigration reform within the next two years that will provide “a pathway to citizenship,” many immigration lawyers are reporting that many immigrants are choosing to remain in the U.S., albeit illegally, rather than return to their home country and risk being barred for 10 years.
www.ImmigrationLawyerMN.com
President Barack Obama recently announced that he expects to have a new immigration law proposal in Congress by the end of the year, but that there will not be a new immigration law in effect until next year. He stated that there needs to be "a pathway to citizenship" for millions of illegal immigrants in the United States, and that the system must be reworked to avoid tensions with Mexico. Without it, he said, Mexicans will keep crossing the border in dangerous ways and employers will continue exploiting workers. "We can create a system in which you have . . . an orderly process for people to come in, but we're also giving an opportunity for those who are already in the United States to be able to achieve a pathway to citizenship so that they don't have to live in the shadows,"
This gives hope to many immigrants in the U.S., legal or illegal, documented or undocumented, as a new immigration law could effect not only the millions of illegal aliens or undocumented workers in the U.S., but also their families. Many family members of undocumented immigrants are lawful U.S. citizens, especially their U.S. born children. Even though an illegal alien may have a U.S. citizen immediate family member, the U.S. immigration law does not provide a clear path to legalization.
Under the current law, most illegal or undocumented immigrants must return to their home country before they can become legal in the United States. The problem that this creates is that once the person departs the U.S. to comply with the law, another section of the law bars them from returning for 10 years or more. Unfortunatley, many immigrants, in attempting to comply with our laws, leave the U.S. with the hope of returning through family sponsorship, only to learn at their visa interview at the U.S. consulate, that they are barred for ten years because of their previous unlawful presence in the U.S.
With hope that there will be immigration reform within the next two years that will provide “a pathway to citizenship,” many immigration lawyers are reporting that many immigrants are choosing to remain in the U.S., albeit illegally, rather than return to their home country and risk being barred for 10 years.
www.ImmigrationLawyerMN.com
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