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VisaPro
wishes
all its
readers Happy
Holidays and
a very prosperous
new
year.
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Another
year has passed!
With 2009, we
have completed
one more year
of our beautiful
journey with you.
Although the year
2009 has gone
through many rough
economic times,
as it is said,
"there is certainly
a bright day after
a dark night."
We hope that the
year 2010
brings pleasant
things to all
our lives.
Here
is a short New
Year |
|
message for you
coming from the
whole VisaPro
team: |
May
you enjoy the advent
of a beautiful new
year….may
you feel the warmth
of coming the year….may
your new year begin
with peace and
harmony….may
your smile stay on
your face throughout
2010, and may your
loved ones always be
with you…
We wish you all the
best for the coming
year…! Let us have
a look at the interesting
events that took place
this month.
The biggest
news is that Congress
is taking up immigration
reform again. On
Tuesday, December
15, 2009, Representative
Luis Gutierrez introduced
the Comprehensive
Immigration Reform
for America’s
Security and Prosperity
Act. The
bill has many provisions
that we will want
to watch, but some
of the most important
include a new legalization/amnesty
provision, would
change the preference
system to treat spouses
and children of permanent
residents the same
as spouses and children
of U.S. citizens,
would allow beneficiaries
of employment-based
permanent residence
petitions to file
for adjustment of
status even if their
priority date is
not current, and
will restore some
of the judicial review
provisions that were
eliminated in 1996.
We will be keeping
a close eye on this
bill as it makes
its way through the
legislative process,
and keeping you informed
every step of the
way.
The H-1B visa
has been catching
much of the limelight.
After months of slow
movement, H-1B visa
usage finally picked
up the pace. This
is certainly the
sign of an improving
economy. While this
news brought smiles
many people were
disheartened on the
announcement by two
Senators’ to introduce
a bill to restrict
nonimmigrant hiring.
On November 19, 2009,
Senators Bernard Sanders
(I-VT) and Charles
Grassley (R-IA) officially
introduced the Employ
America Act (EEA) in
the U.S. Senate. This
bill would further
restrict the ability
of employers to hire
nonimmigrant workers
if the employer conducts
“mass layoffs” under
the Worker Adjustment
and Retraining Notification
(WARN) Act.
Setting aside the gloomy
news, there is one
more bit of interesting
news for you. In culmination
of a program started
in April President
Obama launched the SAVE
Award – a program
that offers every federal
employee the chance
to submit their ideas
for how government can
save money and perform
better, in September.
We are now at the final
step in the process.
The person who submitted
the idea with the most
votes (voting took place
December 7 – 10) will
meet the President and
their idea will be included
in the FY2011 Budget.
Isn’t this an interesting
way to improve government? Ms. Nancy Fichtner from
Colorado became the
first-ever winner of
the President's SAVE
Award.
Her winning
idea:
"Nancy Fichtner
from Colorado thinks
that veterans leaving
VA hospitals should
be able to take the
medicine they’ve been
using home with them
instead of it being
thrown away when they’re
discharged."
Other
Developments in Immigration
Law
DOL Published
Proposed Rule to Increase
Non-Immigrant Visa
Application Fees
DOS on December 15,
2009, published a
proposed rule in the
Federal Register to
increase the nonimmigrant
visa application processing
fees. The proposed
rule establishes a
tiered structure with
separate fees for
different visa categories.
Q & A follows.
CBP Launches
H-2A and H-2B Temporary
Worker Exit Pilot
Program in Arizona
CBP on December 8,
2009, launched an
exit pilot program
for H-2A
and H-2B
temporary workers
at San Luis and Douglas
land ports of entry
in Arizona, which
is expected to last
approximately one
year. To verify final
departure from the
United States, H-2A
and H-2B non-immigrant
temporary workers
will be required to
scan their visa and
their fingerprints
and return their I-94
at an exit kiosk located
at the port of departure.
Immigration
Articles and Other
Fun Stuff
Now for the regulars
– this month's Immigration
Article will
focus on how the Child
Status Protection
Act (CSPA) helps a
child to become a
legal permanent resident
if the child turns
21, and ages-out during
the processing of
the Green Card application.
Also check out our
In Focus
section for this month,
where we talk in detailed
about how Green Card
holders of the U.S.
should maintain their
status.
Every month we introduce
a new and interesting
question for our opinion
poll. Last month’s
poll results indicate
that 73.08%
of the respondents
believe that President
Obama has made a thoughtful
decision by lifting
the HIV ban. We appreciate
that people take interest
in the opinion question
and cast their vote
to give us their feedback.
Keep it up! And continue
to cast your vote
to express Your
Opinion.
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We
congratulate
Priyadarshini
for winning
last month's Immigration
Quiz.
Again, we received
a significant
number of responses
from our readers,
who talked about
various solutions
to support their
position, but
Priyadarshini
gave the correct
answer and |
won free online consultation
to discuss the concerned
Immigration issues.
So it’s time to get
ready for this month's
quiz. If you know the
correct answer your
name might be featured
in next month's newsletter.
All the Best!!!
To ensure you receive
your Immigration Newsletter,
please add
to your address book
or safe list.
See you next
month with a lot more
noise from the Immigration
World! |
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The
Child Status Protection Act:
How Does It Help An Aged-Out
Child To Get A Green Card?
The U.S. immigration law can
be harsh. We all know that
the worst part of the immigration
law comes up when it separates
a child from his or her parents.
A recent survey shows that
one in 10 families whose family-based
immigrant petition has been
approved has a child who has
aged-out. What do the parents
do in such a situation? Do
they go to the U.S. anyway,
leaving their child back in
their home country? Or do
they let go of their dream
of living in the U.S. to remain
with their child? In this
article, we will find out
answers to these questions
and also how the Child Status
Protection Act (CSPA) helps
a child to become a legal
permanent resident if the
child turns 21, and ages-out
during the processing of the
Green Card application.
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Are
you unable to access your
computer to check the latest
immigration news or visa
status or any other immigration
needs? Do not worry. You
can now access VisaPro from
your mobile anywhere, anytime
with VisaPro
Mobile.
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Wanted to take part in our
immigration events, but missed
your chance? Check out the
informative library of immigration
law videos from past conferences.
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Did
You Know that You May Lose Your
Green Card if You Do Not Maintain
Your Status? Learn How to Maintain
Your Status to Protect Your Green
Card!
If you are Permanent Resident
of the U.S., it is very important
for you to maintain your status
in the U.S. If you do not want
to lose your Green Card and especially
with a view toward seeking U.S.
citizenship in the future. If
you are already a Permanent Resident
of U.S. then it is mandatory for
you to maintain your status otherwise
you run the risk of no longer
being considered a permanent resident
of U.S. It should also be noted
that being a permanent resident
is a “privilege” and not a “right.”
The US government can take away
your permanent resident status
under certain conditions. This
article will discuss how you can
maintain your permanent resident
status, and why it is so important
to do so.
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QUESTIONS
AND ANSWERS
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| 1. |
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I was an
international student
with F1
visa from China since
8/2007. On August 2009,
I got married to a U.S.
citizen. We have been
delaying the green card
application for some
reasons. Now, we decided
to get start on application.
There are couple problems
we try to solve now:
- I am holding OPT,
but it is going
to expire on 2/2010.
I hope to get the
employment card
for immigration
before my OPT is
expired.
- We are going back
to China for our
wedding ceremony
this Christmas,
and plan to come
back on 1/2010.
I need the reentry
permit for this
trip.
- Is it too late
to file application
by the end of this
month for these
two major problems
I have?
- Can I file the
employment and travel
document before
I file other forms?
What can I do?
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| GOT
A QUESTION? |
If
you have
a short,
simple query
on immigration
to the U.S.,
send your
questions
to us. We
will select
and answer
a few of
the queries
in every
issue.
Note:
Responses
posted in
this section
provide
only general
information.
Since immigration
law is a
complex
matter,
please consult
an immigration
attorney
before acting
upon any
responses
provided. |
| Ask
Your Question |
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- What you'll need to
do is to concurrently
file the following applications
in one package all at
once: (1) I-130
petition (2) I-485
application (3) Form G325A
and (4) Form I-765.
Once you do this, you
should receive your work
authorization card (EAD)
within 90 days. Given
your OPT expires in February,
you should therefore timely
file your petition so
that the 90 day period
does not go over your
OPT expiration date.
- You should include in
your package Form I-131
application for travel
document. This form takes
60-90 days to process
so you should apply immediately,
otherwise, you may have
to apply for one which
requires an emergency
reason to obtain one.
- No, its not late but
hurry up as time is running
short.
- All these forms must
be filed together.
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| 2. |
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Me,
my wife and my daughter are
Green Card holders of the
U.S. from April 4, 2007. After
receiving Green Card, we applied
for re-entry permit and went
back to China (your nationality)
on 16 May 2007 (just a month
later of obtaining permanent
residency in the U.S.). Our
re-entry permit was issued
in March 4, 2008 and expires
in March 4, 2010 and we are
still in China. My daughter
is studying Medicine in China
and she wants to settle in
the U.S after studying medicine.
We are planning to go to the
U.S in January 2010 and we
will come back after staying
15 days. Will we face any
problem while we come to the
U.S, in January 2010? What
should we do to keep our residency
status alive? |
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We
understand that you went
to the U.S. in April 2007,
went back to China in May
2007, just after a month
of stay in the U.S. and
now after 2 and half years,
you want to travel to the
U.S. in January 2010. We
would like to inform you
that a re-entry
permit does not guarantee
entry into the U.S. You
have to maintain strong
ties with the U.S. to be
allowed entry into the U.S.
We foresee the risk of you
being denied entry into
the U.S. on the grounds
of staying outside the U.S.
for very long time. When
you come back to the U.S.
in January 2010, the immigration
officers will ask you the
reason behind your long
stay outside the U.S.
To return to the U.S. without
any problems, you must submit
strong evidence stating
the reasons for your stay
outside the U.S. for so
long. And to protect your
permanent residence in the
U.S., you must:
- apply for a new re-entry
permit
- maintain strong ties
with the U.S. - file tax
returns, open back account
etc.
- prove that your trip
outside the U.S. was and
would be temporary
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"I want
to personally
thank you and
your team for
your great effort
in working our
[L-1]
case even under
very strict
time constraint.
Your professionalism,
patient and
attention to
detail are outstanding
and greatly
appreciated.
Thanks again."
Chong
Koh,
Strategic Planning
Manager
KCK
Business Solution,
LLC
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| "Immigration
Monitor" is published monthly
for users and clients of VisaPro.com.
Our goal is to help keep you informed
of the trends and events related to US
Immigration. |
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© 2009 VisaPro.com - All rights reserved. |
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