No Deadline for H1B Visa Applicants: USCIS

The US citizenship and Immigration Services (USCIS) have started accepting the H1B Visa applications for the next fiscal year from Wednesday. An overall 65,000 applications are offered excluding 20,000 H1B visas for applicants of US masters’ or higher degree. In 2009, due to the downturn the filed applications were fewer and to meet the limit of 65,000 wanted to wait until December. Due to the reinforcement of outsourcing business, the limit is to be infringed in advance this year.
USCIS has not insisted any deadline for accepting H1B applications in 2010. A release from USCIS remarked: “Cases will be considered accepted on the date that it takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.”

Source: Daily News 365

Greencard for child of a fiancée of a US citizen

The Tenth Circuit Court of Appeals ruled that a child of a fiancée of a United States Citizen or K-2 visa holder can adjust his or her status to Greencard holder or Lawful Permanent Resident (LPR) even though the child turns twenty-one while the application is pending.

The court’s ruling comes from the matter of Colmenares Carpio v. Holder which concluded that the applicant “must be under twenty-one when he or she seeks to enter the United States, not when his or her subsequent application adjustment of status is finally adjudicated.”

This result contravenes several decisions of the United States Citizenship and Immigration Service or USCIS denying applications for adjustment of status based on a K-2 visa because the applicant was twenty-one years of age or older at the time of adjudication of the adjustment of status.

To recap, the K-2 visa holder must be under twenty-one at the time he or she “seeks to enter” the US when applying for adjustment of status.

Read the full story on abs-cbnnews

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The Startup Visa: Create Jobs, Get A Green Card

A bill introduced today in the Senate by Democrat John Kerry and Republican Richard Lugar proposes a new type of visa for immigrants who create startups and jobs in the U.S. A similar proposal is part of an immigration reform bill in the House. The Startup Visa Act of 2010 would create a two year visa for immigrant entrepreneurs who are able to raise a minimum of $250,000, with $100,000 coming from a qualified U.S. angel or venture investor. After two years, if the immigrant entrepreneur is able to create five or more jobs (not including their children or spouse), attract an additional $1 million in investment, or produce $1 million in revenues, he or she will become a legal resident.The bill would carve out a new “EB-6″ class of visas from the existing “EB-5″ class of visas which has a higher threshold for becoming a legal resident. So it’s not really that radical. The EB-5 requires immigrants to invest at least $1 million in the U.S. and employ ten people.

Read the full story on the Washington Post

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Many H-1B workers get temporary jobs, study finds

Many employers sponsor H-1B holders to have them fill temporary posts, not to become full-time residents of the U.S., according to a study released last week by the Economic Policy Institute, a Washington-based nonprofit think tank.

The differences in the ways companies use H-1B visas can be stark, according to the study, which was authored by Ron Hira, an associate professor of public policy at the Rochester Institute of Technology and a longtime critic of the H-1B visa program.

The study was called misleading by a spokesman for Compete America, a coalition of vendors, universities and other sponsors of H-1B visa holders. Spokesman Eric Thomas in particular questioned the use of L-1 visa data in the study. The L-1 visa is used by multinational companies for intracompany transfers. “That’s how the system was designed, and that’s how it’s working. Lumping different visa categories into one bucket is a clear attempt to skew the data,” he said.

Hira argues that visa rules put most of the power to control H-1B workers in the hands of employers. Visa workers can “switch jobs in very limited circumstances, and their employer can revoke the visa at any time by terminating their employment, forcing the worker out of status with immigration authorities. If employment is terminated, the worker must leave the country immediately,” the study said.

Eleanor Pelta, first vice president of the American Immigration Lawyers Association, was critical of Hira’s assessment of the role that H-1B workers play in the workforce and noted that visa proponents are hoping that Congress reforms the current rules. Such reforms, expected in a comprehensive immigration bill, could make it easier for highly skilled workers to get permanent residency.

Citing the multiyear backlog in green card applications, Pelta said that she doesn’t believe visa holders should come to the US “and then wait 10 to 15 years for a green card; I think that is really bad for the economy.”

Read the full story on Computer World

Naturalization Update

Never has there been a better time for eligible applicants to Naturalize and become U.S. Citizens. Recent Naturalization cases successfully accomplished by Reeves and Associates show a timeframe of about 3-8 months in most cases.

In a surprising Press Release announcement dated January 28, 2010, USCIS stated that there are nearly 3.5 million Legal Permanent Residents (Green Card Holders) in the State of California. According to USCIS, 2.5 million of these legal permanent residents are currently eligible to naturalize and become U.S. Citizens.

Source: Rreeves

Immigration laws quash many dreams

UNDER CURRENT U.S. immigration law, there are three primary ways to gain legal entry into the country other than for a limited stay as a tourist.

• The first is through the annual “green card diversity lottery,” held each year by the Department of Homeland Security, for citizens of countries that have “low rates of immigration” to the United States. Millions of people from specified countries around the world apply to take part in the lottery, but only 50,000 green cards are made available through the process. Each participant in the lottery is issued a number, the government draws about 150,000 numbers, and the people with those numbers then are allowed to apply for one of the 50,000 slots.

• The second way to gain legal entry is to be a spouse, sibling, child or parent of an American citizen or the spouse or minor child of someone who holds a green card and is willing to sponsor your entrance into the United States.

• The third is through an employer, who must complete a lengthy application process that requires proof that the has a unique skill necessary to the business.

THERE ARE other provisions of immigration law that allow people who are seeking asylum to gain legal entry into the country, but being granted asylum is an extraordinarily difficult process.

An additional number of other immigrants are admitted each year under temporary work permits and student visas, however those visas generally do not permit conversion to immigrant status, and they require the holder to leave after a specified length of stay.

And then there is the “S” visa. Essentially a free pass, the visa is awarded only to those who work for law enforcement and must be applied for by law-enforcement officials. The Mayas say immigration officials promised them the “S” visa, but then reneged.

According to immigration officials, only 250 “S” visas are available each year, and fewer than 60 were awarded in 2009.

CONGRESS last year set immigration visa limits at 700,000 for employment and family preferences, excluding refugees and those entering the country on temporary work or student visas.

In 2008, the total number of immigrants admitted to the country (excluding refugees and those on temporary non-tourist visas) tallied just under 750,000.

Source: Daily Free Man

U.S.-Canadian marriage costly for couple

Newlyweds Matt and Heather Lopresto knew that every marriage has its ups and downs; they didn’t know that living together would be so difficult.

Matt, originally from Corning and now living in Rochester, is a U.S. citizen. Heather, who met her husband in 2005 when both were students at the Elim Bible Institute in Lima, is from Hamilton, Ontario, and a Canadian citizen. They thought that once they were married, it would be simple for Heather to get her “green card” and live and work legally here with Matt until they have enough money to finish their degrees and start the family they both want.
For more than a year, they had traveled back and forth to Canada without incident until June 26 (the day before the wedding at the Royal Botanical Gardens in Burlington) when Matt told the Canadian border guards that marriage was the reason for his visit.

“I was turned away at the border,” Matt says. “I had to prove I had a means of departing and that I would return.” He hurried back to Rochester, got a letter from his boss indicating that he has a job, made a copy of his apartment lease, and purchased a return airplane ticket (even though he planned to drive home). He stayed in Canada as a visitor for several weeks before coming home to Rochester, but that’s when the couple realized living together would not be as simple as they hoped.

The U.S. and Canadian governments want to be certain that a marriage between citizens of their countries is legitimate, that the citizen spouse can support the non-citizen, and that the newcomer will not need public assistance, says Rochester lawyer Margaret Catillaz, an expert in immigration law.

Since Heather and Matt were married, both their passports have been flagged and when they visit, they are always detained for questioning. Even though she’s done nothing wrong, Heather said during a recent visit, she always feels as if she’s in trouble.

Matt and Heather just want to be together.

And money is the only thing standing in their way. It costs up to $2,000 to apply for legal resident status and complete the required procedures. And right now, neither Matt and Heather, nor their families, have the money. Heather is unemployed and Matt washes windows and cleans gutters. Rent, car payments, food — that’s all they can afford.

Read the full story on Democrat and Chronicle

Green Card Through Marriage

You do not have to use a lawyer to apply for a green card through marriage. Easygration offers you a better option!

Congratulations on getting married!

As part of this exciting time-of-life, you are probably also looking for an affordable, simple and quick option for filing your green card application.

Did you know that you do not have to use a lawyer to file the application? Many couples choose to complete the application process by themselves and avoid the huge fees that lawyers charge (which range from $1,000 to $5,000).

Easygration offers you an even better option than paying these fees or spending lots of time learning all the legal jargon and studying the different forms. Since we are not lawyers, but experts on green card through marriage, we do not charge hefty legal fees, and since we review every case and only take green card cases that do not require a lawyer, you can feel rest assured that you are in good hands.

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Immigrants take vows to stay here

Federal agents used old-fashioned detective work to prove that a professional couple from Ghana was trying to dodge immigration laws when they dissolved their marriage and wed U.S. citizens.

According to court documents, immigration agents placed the couple’s Blacklick house under surveillance, interviewed their next-door neighbors and sorted through trash bags taken from their curbside refuse container.

The agents collected enough evidence to establish that Kwadwo Asante and Lilian Asante were living as husband and wife but had entered sham marriages with others in hopes of gaining permanent residency in the United States.

Both pleaded guilty and were sentenced yesterday to two years on probation. An immigration judge is expected to deport them.

The tactics used by agents in the case aren’t typical, said a Columbus immigration lawyer, but they illustrate the extremes to which officials will go to investigate the validity of marriages between citizen and noncitizens.

“The truth is, if the government suspects that a marriage isn’t bona fide, they’ll investigate mightily,” said Kenneth J. Robinson.

Federal law is clear: Any individual who “knowingly enters into a marriage for the purpose of evading any immigration law” faces up to five years in prison and a $250,000 fine.

The notion that marriage to a citizen is a simple path to a green card visa granting permanent residency is a common misconception, said Dennis Muchnicki, a Dublin-based immigration lawyer. “People think the process is easy, but it’s no walk in the park,” he said.

The couple must file forms with immigration officials asking the government to formally recognize the relationship and grant the noncitizen permanent residency.

The process can take five to seven months, requires exhaustive documentation and includes an interview with an immigration official who separates the couple and asks personal questions, such as where they put their dirty clothes and which side of the bed each sleeps on.

The filing fees for a green card visa cost $1,365. Couples who hire a lawyer to assist them with the process can expect to pay an additional $1,000 to $2,000, Robinson said.

The process isn’t open to all noncitizens. Those who scramble across the border without passing through inspection checkpoints aren’t eligible to gain residency through marriage.

Those who enter the U.S. through customs with fraudulent documents can seek residency through marriage, but the bureaucratic hurdles are significant.

“The majority of those who gain residency benefits through marriage entered the country lawfully,” Robinson said.

Most often, they came to the United States with temporary work or student visas. That was the path taken by the Asantes. Lilian Asante came to attend law school at Ohio State University. Kwadwo Asante was attending Case Western Reserve University’s MBA program.

“When people come here legally from the proverbial Third World countries with a student visa and realize everything this country has to offer, a lot of them don’t want to go back,” said Daniel A. Brown, an assistant U.S. attorney in Columbus.

And some are willing to pay to find a fraudulent spouse, he said.

In December, 11 central Ohio residents were indicted for their involvement in sham marriages arranged for about $17,000 each. Federal prosecutors determined that none of the couples lived together after they were married.

Brown said sham-marriage prosecutions are rare in central Ohio, but he suspects that many escape the scrutiny of investigators.

When couples approach Robinson about helping them with the green card visa process, he puts them through the same kind of questioning they’ll get from an immigration official.

“For every 10 I take, I probably turn away two,” he said.

But he assumes that most find another lawyer willing to help them. “I don’t envy the government’s job.”

Source: The Columbus Dispatch

Immigration meetings show citizenship test takes careful study

The path to naturalization can be a maze of confusing paperwork, capped by a test in English and U.S. civics.

For some, it’s a daunting road.

John Macharia is thinking about applying for citizenship after Christmas. The Kenyan from Duluth has lived here 10 years and his children are U.S. citizens, but he and his wife are not.

Rumors about the citizenship process abound, Macharia said. That’s why face-to-face contact with a citizenship official is helpful, he said.

“It’s always good when you hear about it from the horse’s mouth,” he said.

Joe Kernan, a community relations officer with United States Citizenship and Immigration Services in Tucker, spoke to Macharia and 20 other immigrants in Marietta on Wednesday night.

The American Legion hosted the event and will also host citizenship classes starting in January. It’s in keeping with the Legion’s goal to foster “Americanism,” said Bill Beaudin, commander of Post 29 where the meeting was held.

Kernan said the classes could come in handy. He recounted tales of citizenship tests gone wrong.

If an immigration officer asks if you will bear arms for the United States, don’t roll up your sleeves and show your arms, Kernan said, to chuckles from the immigrants in the audience.

“You need to know that means will you defend the United States,” he said.

Ling Go, originally from China and now living in Acworth, wondered if speeding tickets would hurt citizenship chances.

Not if the fines have been paid, Kernan said.

In general, crimes that indicate a lack of good moral character are the ones that will ruin a chance at citizenship, Kernan said.

Also he cautioned immigrants not to leave the country too often or for too long. An absence of more than a year can sink a citizenship application, Kernan said. A prospective citizen must show where his loyalty is based, he said.

Esther Wilson, a U.S. citizen who lives in Marietta, attended the class on behalf of her sister, who traveled to the Philippines in May. She has not returned because she has Typhoid fever and diabetes and has been too fragile to travel, Wilson said.

“I’m worried about her not coming back,” Wilson said.

If a person with a green card visa stays outside of the United States too long, they could lose their residency and be turned away at the airport, Kernan warned.

Federal immigration officials have held a series of community meetings across the country this year to educate immigrants on common pitfalls and to demystify the process.

About 8.2 million legal permanent residents are eligible to apply for citizenship, immigration officials said.

At the Atlanta immigration office, 14,456 people took the oath of citizenship in the fiscal year that ended Sept. 30, according to Ana Santiago, a spokeswoman for USCIS. Nationwide during the year, 1.1 million people became citizens..

A new version of the citizenship test was phased in last year and became standard Oct.1. It is intended to emphasize an understanding of fundamental concepts of American democracy and the rights and responsibilities of citizenship, more than rote learning of historical facts such as who wrote “The Star Spangled Banner.” The government has printed flash cards and exam materials for prospective citizens.

Pointing to a list of English words, Kernan told the group that those words would be scrambled into any number of variations to create sentences. They would need to read the sentence aloud, without lengthy pauses, to pass.

Everyone opened their study pamphlet to look at the words.

Understanding basic English is essential to participate in civic life in the United States, Kernan said. If an applicant fails, they can take the test again.

Kernan recalled the time an immigration officer raised his hand to administer an oath to a prospective citizen who didn’t understand and thought it was time to give a high-five.

“He was not ready,” Kernan said.

Source: AJC

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