Immigration Articles  |
| Useful articles on a variety of immigration topics. |
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| H2B Cap Count Update |
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| USCIS has updated the count of H2B visa petitions received and counted towards the H2B cap for the fiscal year 2012 employment. As of February 3, 2012, USCIS has received filings on behalf of approximately 31,626 beneficiaries, and approved approximately, 24,015 H2B beneficiaries against the cap amount of 33,000 for the 1st half of FY 2012. |
| Do Immigrants Have Any Rights in the U.S.? |
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| U.S. Immigrants are often unsure about their basic rights as immigrants in the U.S. Questions like “Do immigrants have any rights?”, “If they do, what are the rights of immigrants?” are some of the common queries raised in relation to their rights in the U.S. For the benefit of our readers, we present in this article some of the basic rights of immigrants residing in the U.S. and helpful tips to effectively enforce them when needed. As a foreign national residing in the U.S., if you believe that your immigrant rights are being violated, you are advised to contact your immigration attorney immediately and seek help. |
| When is Your Priority Date Becoming Current: Should You Check USCIS Processing Times or DOS Visa Bulletin? |
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| It is often difficult and confusing to understand the USCIS Processing Times and DOS Visa Bulletin and their usage. Most of the people think that the USCIS Processing Times and Visa Bulletin are same, but they are not. Processing times for petitions and applications are very different from the waiting times or priority dates. One needs to understand the difference between the two and the significance of both the Processing Times and Visa Bulletin so that they can correctly estimate the time it may take for their relative or employee to come to the U.S. In this article, we make an attempt to help you understand the differences between the USCIS Processing Times and DOS Visa Bulletin, their significance and how do they relate. |
| Overstay, Out-of-Status and Unlawful Presence: What Do These Terms Mean and How Can They Affect You? |
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| It is vitally important that to understand the differences between Overstay, Out-of-Status (Unlawful Status), and Unlawful Presence. By understanding these terms you can take necessary measures not to fall into any of these categories. The consequences of overstay, out-of-status and unlawful presence are very stiff and the penalties imposed are very severe. In this article, we discuss the meaning of the terms – Overstay, Out-of-Status and Unlawful Presence and also learn how they might affect you. |
| When to Use USCIS Premium Processing Service? |
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| On June 1, 2001, the U.S. Immigration and Naturalization Service (now U.S. Citizenship and Immigration Services) put into place a Premium Processing Service, promising to speed up the agency's applications decision process on selected work visas. Through the Premium Processing Service, USCIS process your visa petitions in 15 days. Learn how to use USCIS Premium Processing Service. |
| Immigration Inspection At A U.S. Port-Of-Entry: Things You Must Know |
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| If you are traveling to the United States for the first time you are likely to have questions about what happens when I arrive at the Port of Entry? A foreign national traveling to the United States will arrive initially at a US “Port of Entry" (POE). The POE can be an airport, a land border crossing, or a seaport. Passing through a Port of Entry generally means that you are seeking permission from an Immigration Inspector, an official of the U.S. Customs and Border Protection (CBP) to enter the U.S., for a specific reason, purpose and duration, which are generally always predefined. All foreign nationals arriving at a U.S. POE are inspected by officials of the U.S. Government. They have to go through four different inspections, which are discussed in detail in this article. To be true, these inspections would be very devastating. All you have to do is to be prepared for that. This article unveils you the things that happen at the U.S. Ports of entry, what is the inspection process like, what you could be asked, how you can be prepared etc. |
| Staffing or Third-Party Placement Consulting Companies: Do You Qualify for Filing H-1B Visas? |
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| On January 8, 2010, the United States Citizenship and Immigration Services (USCIS) issued a memorandum intended to clarify the meaning of the “employer-employee” relationship for H-1B visas. The January 8 memo focuses in particular on the employer-employee relationship where beneficiaries are placed at third-party worksites, are independent contractors, or are self-employed. While the January 8 memo does not change any of the basic requirements for H-1B visa classification, the clarifications provided means that USCIS will be taking a closer look at all H-1B visa petitions, both new employment and extension petitions. The article will address several of the main points of the USCIS memorandum on H-1B visas through a “Question and Answer” format. |
| Do You Know that Deportability and Inadmissibility Can Obstruct Your Path to US Citizenship? |
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| The purpose of this article is to provide a basic introduction to the grounds of inadmissibility and deportability. A foreign national who has been convicted of a crime (anywhere in the world) may be deportable, inadmissible, or both. Non-citizens in the United States, including lawful permanent residents (green card holders) are subject to the grounds of inadmissibility and deportability. This means that they may be denied admission into the United States or denied a visa or permanent residence based on the grounds of inadmissibility or deported from the U.S. based on the grounds of deportability. The grounds of inadmissibility are generally broader than the grounds of deportation. Therefore, you ought to be aware of the causes that may render you either inadmissible or deportable no matter if you did anything knowingly or unknowingly. |
| Immigration Consequences of Criminal Activity |
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| This article discusses some of the potential immigration consequences of criminal activity by a foreign national and also lists some measures you can take to protect your status and your long term plans to settle in the US. Criminal activities can adversely affect your immigration status in the US. In general, the immigration consequences of criminal activity are very severe. Commission of a single offense may make a foreign national inadmissible and/or deportable on multiple grounds. |
| I-94 or Visa: How Long Can I Stay? |
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| There is an aphorism ‘little knowledge is a dangerous thing,’ and its cent percent true. The lack of knowledge or misunderstanding about the role of a visa and the ”I-94 card” has been a major factor for many foreign nationals that have fallen out of status in the United States. Very few foreign nationals are aware that their stay in the US is controlled by the I-94 card issued to them at the time of entry, and not by their visa. This lack of understanding has landed many foreign nationals in trouble. It is the I-94 card that says how long you can stay in the US, and in what status you were admitted. Thus it is for this reason that we have designed this article especially for you to help you understand the purpose of and the difference between the I-94 card and visa so that you can avoid yourself landing in trouble. |
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