Thursday, May 28, 2009

Canada Immigration - Faster and Easier Than Ever Before

With countries like Australia and United Kingdom limiting the number of immigrants, Canada is all set to welcome the addition of 240,000 to 265000 permanent residents in its 2009 plan, which is it's highest in the last 15 years. The announcement made by Jason Kennedy, who is the Minister of the Citizenship, Immigration and Multiculturalism laid emphasis on the renewed commitment to the Canada immigration program.???

The goal of CIMC (Citizenship, Immigration and Multiculturalism Canada) is to make the Canada immigration process efficient with new procedures introduced for submission, for the interested applicants under the Federal Skilled Workers program. The immigration process that used to stretch to 6-7 years previously has thereby been reduced to mere 6-12 months now.

Applications of Federal Skilled Worker program are received at CIO (Centralized Intake Office) at Nova Scotia. With this centralization of the applications intake, overall wait times are reduced drastically. However, some of this workload is being delegated to visa offices overseas.?

The appropriate Visa office where your application needs to be sent varies, depending upon the most suitable qualifying criteria for the applicant under the Federal Skilled Worker program.?

  • Any applicant who has an arranged employment can directly send their applications to the Canadian immigration visa office.
  • International students and temporary foreign workers, who are currently living in Canada legally for a minimum of one year can submit their applications to the Canadian immigration visa office in Buffalo, New York.?
  • Applications under the Federal Skilled Workers program that qualify through the new experience requirements set for ministerial work are sent to CIO in Nova Scotia.

Applicants with their nominated occupation mentioned in the Canada's 38 high-demand occupations like skilled trades, finance, health et al enjoy the benefit of priority processing. International student or a temporary foreign worker who are residing in Canada for more than a year and have an arranged employment offer also enjoy this benefit.

A few basic documents along with some new forms and fees are to be submitted to the CIO. Applications that are qualified are then processed further abroad at the most suitable Canadian immigration visa office. CIO will then ask applicants for complete submission of their application within 120 days to the visa office.???

Applications that could not qualify are returned with a complete refund of the processing fees. Processing procedures of other categories or programs of the Canadian immigration remain unaffected by the new parameters.

Funds made available from the Budget 2008 will be beneficial in the enhancement of application process, allowing the Department to reach annual targets, reduce their backlog and utilize today's inventory in the utmost manner for future benefits.?

Sending additional staff to visa offices overseas that has extensive wait times is one of the most important measures that are taken to make the immigration to Canada faster and easier. The work from these offices is redistributed to the comparatively less busy visa offices to avoid any delay in processing.

In case you don't qualify under the federal skilled worker program, you need not lose heart. An immigration specialist can suggest the best way out for you. Provincial nominee program can also open the option of permanent residency for you via the new Canadian Experience Class. Several ways are available for Canada immigration. Consult with your immigration expert today to know about the most suitable way of Canada immigration for you.

Thus, the latest new amendments in the Canada immigration process ensure that Immigration application processing for Canada is at par with two of the most competing countries, New Zealand and Australia.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of ABHINAV.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

Immigration Myths Or Reality

The fact that a great number of Americans seem to think that illegal immigrants, or immigrants in general, are responsible for the rising crime rates is a pure myth. It has in fact been statistically proven that immigrants don't affect the crime rate. We seem to be able to do that on our own without any outside help.

What do the statistics say? They indicate that violent crime has decreased roughly 34% and property crimes have decreased by about 26% during the same period of time when the illegal immigrant population kicked up to about 12 million people. This isn't to say that immigrants don't get involved in crime, but it does say that they are not the major source of increased crime rates. This is just a popular myth set into the American psyche and fanned into flames by the media.

The sad fact is that many political decisions happen to be based on myths like this one. For instance the decision to erect a fence along the Texas/Mexico border, called the Secure Border Initiative, designed to keep illegal immigrants out. Unfortunately, it seems we don't spend a lot of time looking at ourselves in the mirror and dealing with crime at home.

Speaking of myths, another one is that lower real estate values are caused by immigrants. You've no doubt heard expressions like, "There goes the neighborhood," when referring to new foreign neighbors. The truth of the matter is that ups and downs in real estate value are normal, traditional and cyclical and are not tied to any group of people. What happened is interest rates were low (some say too low), bank lending got sloppy and people went hog-wild buying houses. This boom market peaked in 2006 and has been declining since then.

Isn't it time we took a good look at some of these prevalent myths and saw them for what they really are - just myths based on emotional responses to things people don't know, don't understand or don't like. In reality, immigrants have nothing to do with higher crime, lower property values or an increased rate of disease in the US, nor do they take jobs that should go to US workers. The fact is, that many US workers are too lazy to take the jobs they are offered. It's time we regarded immigrants as the valued citizens they really are and we should welcome them, not try to keep them out with fences.

Sally Odell - Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.

The Big Danger to the Whole H1B Visa Program & Working in the US - How Can You Survive the New Laws?

Senator Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) recently introduced legislation to Congress regarding the H-1B visa and L-1 visa programs. This bill at it's core is anti the H-1B visa program, anti-immigration and since the US is founded upon and crown to prosperity via aggressive Immigration throughout its history, I guess Anti American as well.

While the main bullet points used to sell the legislation seem harmless and on the face of it make sense the devil is both in the details and the alarming language used throughout the bill.

  • Require all employers who want to hire an H-1B guest-worker to first make a good-faith attempt to recruit a qualified American worker. Employers would be prohibited from using H-1B visa holders to displace qualified American workers.
  • Prohibit the blatantly discriminatory practice of "H-1B only" ads and prohibit employers from hiring additional H-1B and L-1 guest-workers if more than 50% of their employees are H-1B and L-1 visa holders.
  • Permit DOL to initiate investigations without a complaint and without the Labor Secretary's personal authorization;
  • Authorize DOL to review H-1B applications for fraud;
  • Allow DOL to conduct random audits of any company that uses the H-1B program;
  • Require DOL to conduct annual audits of companies who employ large numbers of H-1B workers.

The bill also states that;

"Some claim that the H-1B program helps to create American jobs, but it is currently being used by some companies to outsource American jobs to foreign countries."

"Employers can legally discriminate against qualified Americans by firing them without cause and recruiting only H-1B guest-workers to replace them."

Now let's take these two points and actually look at some facts for the two Senators who seem to have little grasp of reality.

Over the past decade over half of the Silicon Valley Startups were by Immigrants. Iconic brands like Google, Yahoo and eBay have founded by immigrants and both directly and directly being responsible for hundreds of thousands of jobs in the United States. This intern becomes massive tax revenue for the US Government which goes on to benefit the entire US economy an it citizens with spending on education, health and infrastructure.

Durbin and Grassley only enjoy all their massive Government perks of high salary, benefits like private cars and travel and not to mention a lucrative health insurance policy because of these tax revenues.

Some US politicians and media try to blame the tiny minority (65,000 H-1B visas annually) of foreign workers for all the US economic problems and divert blame from themselves. All the banks and insurance companies were not only headed up by Americans but had US people all across their boards. Then of course all the US media companies who were complicit in all of this happening are all owned by US citizens. Finally of course, all politicians in the US who must share a lot of the blame are also US citizens

So the easy scape goat for all of this becomes the foreigners when in reality they have so little to do with the failures of the economy and much more to do with the success (as mentioned above) and ability of the US economy to recover. Of course these foreigners can't vote so Durbin and Grassley can enjoy their benefits of their hard labor while exploiting them and taking away their rights at the same time without fear of recrimination.

CJ explains the US Immigration system better than anyone else in the world so foreigners don't have to spend money on expensive attorneys to understand the US visa system.

Immigration Consequences Of Criminal Issues!

The last twenty years have seen a very drastic increase in the severity of the immigration consequences of criminal convictions, and, in some circumstances, for criminal conduct, even if it did not result in an arrest or conviction. For this reason, it is more important than ever that the criminal defense of a noncitizen focus not just on minimizing time in custody, but equally on avoiding the deportation that the noncitizen may face upon completion of their sentence. In California, criminal defense attorneys are required to inform their noncitizen clients of the actual immigration consequences involved in the particular defense strategy, such as a plea agreement. However, it is not uncommon to find that the client has not in fact received that critical information.

Far too often the immigration consequences have not been taken into account because the attorney does not see their job as including a defense of the client from the severe immigration consequences. That being said, there are many criminal defense attorneys who are skilled at providing a defense that attempts to mitigate the possibility of deportation at the same time as reducing the possible time spent in custody. For clients who have a history that includes criminal conduct it is important to determine the exact immigration consequences of that activity prior to traveling or filing an application with USCIS. Either is these actions can bring the existence of the criminal conduct to the attention of USCIS, and this can result in very drastic consequences.

At the less disastrous end of the spectrum of these immigration consequences is the inability to establish the required "good moral character" due to criminal conviction or conduct. This might prevent an applicant from being approved for naturalization, and it operates to prevent applicants from qualifying for a number of forms of relief from deportation in immigration court. At the other end of the spectrum of immigration consequences are the grounds of deportation for such activity. The dreaded "aggravated felony" crimes are among the worst examples of this movement toward exile of noncitizens for crimes that don't necessarily carry long sentences when committed by citizens. In addition, a person who returns to the U.S. without authorization after deportation for an aggravated felony faces a potential 20 year federal prison sentence, and United States Attorneys are increasingly prosecuting such cases.

The immigration consequences of criminal activity are grouped into the two broad categories of inadmissibility and deportability. The grounds of inadmissibility apply principally to applicants who are seeking a benefit from immigration such as admission to the U.S. at a port of entry, permanent resident status, citizenship, or a visitor visa. The grounds of deportability apply principally to those who already have status in the United States and are at risk of having that status taken from them in the process of being deported. However, someone with permanent resident status may face the grounds of inadmissibility upon attempting to return to the U.S. after a vacation. These crimes include quite minor drug offenses and crimes deemed to evidence "moral turpitude." For this reason, it is extremely important to consult an immigration attorney prior to travel, if the traveler has a history of criminal convictions.

DRUG OFFENSES
Drug offenses, even those which are quite minor, such as being under the influence, can result in both inadmissibility and deportability. Sale of a controlled substance or possession of a controlled substance for sale are both aggravated felonies and can trigger deportation. In addition, a state drug conviction that is analogous to a federal drug offense in the aggravated felony definition counts as an aggravated felony. Conviction of an offense "relating to a controlled substance" will also cause deportability and will cause inadmissibility for one who is not already admitted or for a lawful permanent resident who is returning from travel. And, even without any conviction, a determination of drug addiction or abuse after being admitted to the U.S. will cause deportability.

And, again, even absent a conviction, one who is a drug addict or abuser is inadmissible to the U.S., or if Immigration has "reason to believe" that she has assisted a drug trafficker or has benefited from such activity as the spouse or child of a trafficker. Finally, admission of all of the elements of a controlled substance conviction will also cause inadmissibility. A conviction of simple possession or even possession of paraphernalia will cause deportability and inadmissibility, unless the conviction is eliminated through state rehabilitative relief.

Crimes involving moral turpitude

The term, "crime involving moral turpitude" (CMT) refers to a classification of crimes which cause both inadmissibility and deportability for non-citizens, even when these same offenses would not be severely punished if committed by a U.S. citizen. It is not uncommon for crimes of moral turpitude to also be classified as aggravated felonies, when a sentence of a year or more has been imposed.

A crime is often classified as involving moral turpitude when there is an intent to defraud or to steal, to cause great bodily harm, where there is "malice", or where there is a "lewd intent." One conviction of crime of moral turpitude causes inadmissibility. The same is true for the admission of committing the offense, even without a conviction. The exception to this harsh rule is what is known as the "petty offense exception" for one CMT carrying a maximum possible sentence of one year and for which the noncitizen received a sentence of no more than six months.

A noncitizen is deportable if convicted of one CMT committed within five years after last admission to the U.S. for which a sentence of one year or more could have been imposed, or for two CMT convictions at any time after admission which did not arise out of a single scheme of criminal conduct regardless of the length of sentence. It is possible to be deportable but not inadmissible for a CMT. This means that a noncitizen is eligible to apply for adjustment of status to that of a lawful permanent resident in removal proceedings, even though he or she is deportable.

A noncitizen is inadmissible if he or she has been convicted of two or more offenses of any type for which the aggregate sentences to confinement actually imposed equaled five years or more. This will also be a bar to a finding of good moral character for purposes of naturalization, VAWA and other forms of relief, though in some cases a waiver may be available.
Conviction for domestic violence, regardless of the sentence imposed, is a ground of deportability. Domestic violence is not necessarily a CMT, unless actual infliction of harm or intent to cause serious bodily harm are proven.

This article is intended as an introduction to a topic in which there are significant legal changes occurring on a daily basis. It is not a substitute for legal research, not for working with an attorney experienced in the intersection of criminal law and immigration law. The central purpose of this article is to encourage caution and careful consideration by anyone potentially facing the consequences described here.

The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this article, clients or otherwise, should act or refrain from acting on the basis of any content included in the article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. Erich Keefe is an associate for the Shah Peerally Law Group PC located in Newark CA.. The office areas of practice are Immigration Law, Loan Modification neogotiations, and litigation. http://www.peerallylaw.com Ph:510 742 5887

Information: Shah Peerally is the President and managing attorney for the Shah Peerally Law Group PC located in Newark, California. Prior to his entrance into Immigration law practice, Shah worked in litigation and business law for Mc Nichols Randick O'Dea & Tooliatos LLP in Pleasanton, California. Later, Shah joined the Law Offices of Virender Goswami as a supervising attorney in business and employment immigration. Shah was also attorney of counsel for the Immigration law offices of Minter and Ahmad in Fremont, California. Fluent in French and Creole, Shah is a passionate and dedicated advocate. He is very active in the Muslim, Middle Eastern, South Asian and African communities. He regularly participates in lectures and free legal clinics. Shah has been personally commended by House Majority Leader Nancy Pelosi and Congresswoman Barbara Lee for assisting in their immigration workshops.

Immigration Attorney With Free Consultation - Makes a Difference For Many Reasons

The dream of starting fresh in a new country can sometimes be hampered by economy and racial separation. The effect of such issues have a double negative effect as it also affects the expectations an person gets from society as well as how they perceive themselves as a citizen of their new country.

Hopeful immigrants may thus find themselves stuck somewhere between fulfilling their dreams and "living up to" the role they feel society has assigned them.

The problem outlined above does not automatically mean that very successful immigration by any means would be impossible. When it comes to making the process as elegant as possible, a good attorney may play a big part.

The Immigration Attorney Free Consultation

Indeed, immigrants today are facing many challenges. This is why an immigration attorney free consultation is now admitted to those who are in need of great assistance to be able to acclimatize to a new country that they want to live in. It is certain that these proceedings shall give the hopeful immigrants an opportunity to have an overview of the arrangements of the society that they want to reside in.

Trough the said immigration attorney free consultation service, an immigrant too would have a better chance of having the essential meet with an immigration and naturalization attorney. This stage is needed in order to becoming a legally owned resident. It is also a very important step in truly becoming a part of the new society.

In many western countries there is already a kind of "we and them" kind of thinking in place often, rightly or not, based on the level of education and income. Probably, the situation is governed by the fact that the human society today is so diverse that people have already applied the differences that they have from each other as a basis of the status that each person is expected to belong to.

It goes without saying that the challenges of immigrating are hard, but with the help of immigration attorney free consultation services, a person or group of people wanting to transfer nationality and residence would get the absolutely chance to be successful in the said process of social adjustment.

Those who are immigrating to the US, should also refer to the article on getting a US immigration attorney.

What You Need to Know About US Tourist Visa Application

While it is?easy for Americans to come to Thailand for a holiday, Thais and other nationalities have to undergo a thorough procedure in obtaining a tourist visa that they may be able to enter the US for vacation.?

Nature of a Tourist Visa ?
Obtaining a travel permit to visit the US proves to be very difficult to obtain particularly for ordinary Thai applicants relying on the invitation of their American friends, fianc?spouse or relatives. The US government's rigorous immigration procedure may be accounted for their inherent assumption when dealing with non-immigrant visa applications. The officer when evaluating the application immediately assumes that the tourist visa applicant who is seeking admittance to the US is in fact eyeing for a permanent stay in the country.

As such, this assumption needs to be overcome successfully by the applicant in such a way that he/she will be issued the necessary entry permit. However, it's important to note that the application is evaluated subjectively and its approval or denial is entirely on the discretion of the officer evaluating the application. This is the reason why compared to other entry permit types a tourist visa has a lower success rate. It is also the reason why an application is still denied despite the applicant's providing all the necessary requirements to substantiate his/her visit to the US. ?

Preparing for the Application ?
As the evaluation of the tourist visa application is solely based on the applicant's capacity to prove that he can support himself financially through out his stay in the US and that he comes back to Thailand after his allowed visit, it's a must that the applicant has the following qualifications in support of his entry permit application. First would be a decent and a stable job in Thailand.

An employment letter or contract, income tax and pay slips are some ways to substantiate this. A 6-month job stint might not be enough to establish the stability of your employment but it's definitely better than nothing. A job involving prostitution or working in a bar or night club doesn't add appeal to your application so it might not be good declaring it. Second, you have to show assets and properties in Thailand. Assets can be in the form of cars, a piece of land, a house among others. Land or House Title deed, Mortgage agreement, Car registration certificate and other documents can be submitted to prove your possession of these assets. Supposing you own a business in Thailand, you would need to show your business registration certificate, income tax, balance sheet among others. A savings account with substantial amount of deposit in it could also serve as one of the evidence to prove your financial capability.

You can ask your bank for your latest 6-month bank statements or you can show your passbooks for this matter. Just a note on the savings account, having a big money in your bank account doesn't guarantee a successful application though it helps establish your financial status. However, if your sponsor abroad plans depositing an amount of money in your bank account just to show that you have money, make sure that the funds have been deposited discretely not in a lump sum as this will be obvious.

Finally, if you have your family or children in Thailand, then you can mention them as your dependants to support your visa application. Don't also miss to provide an outline of your itinerary detailing the whereabouts of your trips i.e. accommodation and places to visit. What if you don't have most of the above qualifications as you rely on the sponsorship of your American relative, boyfriend or friend? This would considerably make your chances even more slimmer. However, you can still proceed with the application. As mentioned above the approval or denial of your application is entirely on the discretion of the officer. ?For family members visiting their relatives or families in the US their situations are viewed differently.

The Application Process ?
After familiarizing yourself with the requirements and procedure of the tourist entry permit application, you may now start collecting the required documents. You have to collect as many evidence as you can to support your application. If your documents are in Thai, make sure to translate them into English. If you are going to the US via sponsorship, make sure that your sponsor provides sponsorship letter detailing your relationship and his intention to support you while you are in the US. He might need to provide bank statements or employment certificate to validate his good financial status in the US.

When everything is in order you can already contact the US embassy to schedule the submission of your documents and for the interview. The US embassy in Bangkok as well as the US consulate in Chiang Mai accepts and processes tourist visa applications.?The processing time normally takes 2-3 business days and the result of the application is issued accordingly. During the interview, be prepared to answer questions like how will you support your stay in the US, what will you do in the US among others. A confident applicant would likely give a better impression on the visa officer than a nervous one. In this regard, you have to anticipate all possible questions that the officer may ask you in relation to your visa application and practice answering them.
?
Using a Visa Agent

If you want to increase the chances of your tourist visa application getting approved, it might be good enlisting the services of US visa professionals to assist you with this endeavor. You would greatly benefit from their expertise in going over the visa application therefore ensuring better chances for your visa application. Be mindful though about unscrupulous visa agents. Look for the established and registered ones with proven track of record in US visa assistance.

Summary

Obtaining a US tourist visa proves to be a difficult ordeal especially for ordinary applicants. Apart from proper planning and familiarizing yourself with the requirements and procedure, it would also be good to consult with US visa professionals to personally guide you with the visa application. A money you spend for them maybe worth it if you don't need to do the application again the second time.

George M. Londob works as a Business Correspondent for Siam Legal International, Thailand's largest legal service network with offices in Bangkok, Phuket, Pattaya, Hua Hin, Chiang Mai and Samui. The firm has international locations in London and Los Angeles. Siam Legal is a full-service law firm and provides a wide range of legal and visa services. Visit Siam Legal on the web at http://www.siam-legal.com

How an Immigration Attorney Can Help You Get USA Citizenship

The immigration process is very difficult especially to a country like the United States. There is a specific set of rules which have to be followed. There are various processes which have to be followed correctly. A little variation or wrongly followed rule or process can degrade your chances of migrating to the United States.

In the US, the general immigration laws are determined by the federal government. The states create their own patterns of the immigration policies and these are done according to the federal laws. You have to follow the same rules and processes in the United States whether you are in California or South Carolina. Proper advice of an immigration lawyer is very helpful as he can guide you through the whole process.

How can an Immigration Attorney Help You?

When you hire a good immigration attorney, you can make sure that you get the best legal advice from a person who knows everything and can help you follow everything according to the rules when you apply for citizenship in the US. Even if you commit a violation, the attorneys can help you out in some way as they have the means and the right knowledge needed to defend you.

Even if the immigration lawyers guides you on everything you need to successfully migrate, you should still have the knowledge about the various rules and regulations so you are not fully dependent upon the lawyers. You should know what should do and what you shouldn't. The immigration rules of the United States are very strict and hiring a good lawyer can go a long way in getting your application approved for citizenship or immigrant status.

Immigration Lawyers provide you complete Immigration Advice and services.

The Best Immigration Attorneys to help you get USA Citizenship.

How to Choose the Right Visa For Your Move to Mexico

You have a few options to consider when you are deciding on what Visa to get for your move to Mexico. The three most popular types of Mexican Visas are the FMT, FM2, and the FM3.

The FMT Visa is what you get anytime you enter Mexico from the US. It is easy to get, and the paperwork will be handed to you on the plane as you are flying into Mexico or as you're crossing the border. This is the easiest Visa to acquire but also comes with restrictions. First of all you are usually only allowed to stay in the country for 180 days. If you are given less than 180 days on your FMT you can get an extension at an immigration office. The FMT is a tourist Visa but many people simply make "border runs" every 180 days to get a new FMT, while living full time in Mexico. If you are planning to live in Mexico for the long term, you will most likely want to consider getting an FM2 or FM3. You are also not able to move your belongings into Mexico with an FMT.

The FM2 Visa is for becoming a citizen of Mexico. It will generally take 5 years to become a citizen you are given your FM2, and you can not apply for a FM2 in the US, you have to go to an immigration office in Mexico. The FM2 allows for permanent residency but generally people moving or retiring to Mexico will want to get an FM3, which is cheaper to get and maintain.

An FM3 Visa allows you to stay in Mexico without making border runs every 180 days, it also makes it easier to set up utilities for your house, open a bank account, and move all your belongings from the US to your new home. Getting an FM3 is much more complicated compared to getting an FMT, and will require going to your local (or not so local) Mexican Consulate in person to fill out a lot of paperwork. Each consulate may have different rules so it's hard to say exactly what will be required of you. In general they want to see proof of income of $1,000 to $2,000 per month, or more if you have any dependents. Some Consulates also may only give an FM3 to people over the age of 55, while others don't have an age limit. Everyone's experience is usually different when trying to get an FM3.

If you are moving to Mexico you need to consider what Visa is right for you. If you don't have to move your belongings down to Mexico and aren't planning on staying for the rest of your life, you may be able to get by with the standard FMT. However, if you want to move your household items to Mexico you will need an FM3, which also comes with the added benefit of not having to go to the border every 180 days.

Jason helps people who are moving to Mexico by walking them through what can be a very complicated process. If you are considering a move to Mexico and have questions about getting your FM3, creating your Menaje de Casa, or have any other questions about your move, he can help. Mexico Moving Company provides door to door moves from all over the US and Canada to anywhere in Mexico.

Assisting Foreign Nationals With Citizenship Issues

Each year immigrants from foreign countries flock to the United States seeking political refuge or economic opportunities that are unavailable to them in their home countries. From every nation and country of the globe immigrants come to America seeking a better life for themselves and their families. Some come from as far away as China or Australia while other are from the neighboring countries of Mexico and Canada. Some are students that attend universities and colleges far from their homes while other come for work, in hope of living the American dream. Whatever the reason for the move these people enter the United States as visitors that must seek out permission to live and work in the country

The majority of immigrants settle in the areas around where they enter the United States. Large populations of immigrants make their homes in metropolitan areas of American cities that have an international presence. Los Angeles, Chicago, Miami and New York top the list of cities that a home to foreign nationals, but every city across the nation has some influence of immigration.

Although many people coming to America have at least a basic understanding of the English language, there are some that enter the country without knowing a word of English. To assist foreign nationals with the establishment of legalized permanent residency in the United States immigration lawyer in Long Island have established practices designated for foreigners to receive legal assistance with immigration law.

The immigration lawyer serves as the go between for the client and the federal government by interpreting legal issues and filing immigration documents on behalf of their clients that will help them to gain visas, work permits, green cards and naturalization for the foreign born nationals to become legal residents and citizens of the United States.

Law Offices of Michael Kohler (http://www.immigrationandcustomslawyer.com/) is an immigration lawyer in Long Island. Billings Farnsworth is a freelance writer.

Entrepreneurs Are Welcome in Singapore Part I - Overview of Immigration

Entrepreneurs! Here's your chance to beat the downturn and move to Singapore to setup your business. You can apply for Permanent Residency. Permanent residence has many benefits -

  • You and your family can work and buy property.
  • You can the family can travel in and out of Singapore freely.
  • Public education system for the children.
  • Local tax benefits.

One important thing to know before you apply for the PR is that your sons are obligated to do compulsory military service when they reach the age of 18.

If you decide to move to Singapore, this article will give you an overview of the Immigration and Permanent Residence scheme.

Eligibility - To apply for immigration or Permanent Residence Scheme, the first step is to obtain an entry pass. Entry Passes are of following types -

  • Entrepreneurs Pass
  • Employment Pass (P and Q Pass)
  • Dependent Pass
  • S Pass.

Entrepreneurs Pass - A Person who wants to set up a business in Singapore needs to apply for an Entrepreneurs Pass (EntrePass) and such person would not require work permit. Basic requirements for EntrePass are

  • Willingness to settle in Singapore
  • Start a business that has a good growth potential as well as physically run it.

It is valid up to 2 years and its main advantage is that it also allows your immediate family to live in Singapore. It can be renewed as long as the business is operational.

Employment Pass - Those who are interested to work in Singapore can apply for this Pass. Eligibility would be educational qualification and income. Types of Employment Passes are

  • P1 - fixed income above SGD 7,000, can apply for dependent pass
  • P2 - fixed income of SGD 3,500 - 7,000, can apply for dependent pass
  • Q1 Pass - fixed income above SGD 2,500, can apply for dependent pass but not long term visit pass for parents

Employment Pass is valid up to 2 years.

S Pass - Skilled worker is eligible for this Pass.

  • Eligibility is assessed on various factors like Salary, Qualification, Work experience and Job type.
  • The number of S Pass holders in a company can be 25% of the work force.
  • They can apply for Dependency Pass for their families if their fixed salary is more then SGD 2,500.

Dependency Pass (DP) - This is a temporary pass given to the family members of the person working in Singapore with an EntrePass, Employment Pass or an S Pass.

  • Eligible to work in Singapore if he/she gets a Letter of Consent (LOC) from the employer.
  • DP can be applied along with the Employment Pass/EntrePass or later.
  • The process time is usually 1 to 3 weeks.

Permanent Residence Scheme - A person can apply for Permanent Residence if he/she worked in the country for a period of 6 months to 2 years. Various schemes are available for people with various types of passes like EntrePass, Employees Pass etc. It can be applied for the Dependency Pass holder as well. If the PR application for the Employment Pass/EntrePass is approved, then it is automatically approved for the DP. The processing time is more than 3 months.Once the PRS is approved, the male citizen above 16 and 1/2 years should register for National Service

Andrew Chen writes articles that help entrepreneurs and small business with accounting, taxes, compliance, immigration and incorporation issues in Singapore. For detailed information on immigration refer to Singapore Immigration Guide
Singapore Permanent Residence Guide
Andrew Chen

Wednesday, May 13, 2009

India to Canada Immigration

Indian emigrants largely from the province of Punjab started arriving on the Pacific coast of Canada and the US in the late 19th century and early 20th century. A large number of those emigrants were Sikhs of India. These muscular, semi-skilled Indian workers found employment in industries which require tough work such as lumber mills, logging camps, and railroad construction.

The Canadian Pacific Railroad was dynamic throughout this era in recruiting and transporting unskilled Asian workers to Canada. India immigrant arrivals increased steeply, from 258 in 1904 to over 5000 by 1908, creating apprehension on the part of white immigrant laborers who were rivals in the cheap labor market.

In 1908, the Canadian Government passed 2 Orders-in-Council to reduce the trend of Indian immigrants. These were
1. Required immigrants to be in possession of US$200 at the time of arrival
2. Established a non-stop voyage provision.
These measures effectively reduced India to Canada immigration.

In 1951, immigration proportion based on nationality was established. The Immigration Act of 1967 continued the policy of variable entry into Canada, but prohibited unfairness on the basis of race, color, nationality, or ethnicity. Manpower and immigration Departments were amalgamated in that era to ensure that immigration policies served the needs of the Canadian economy.

Lastly, the Immigration Act of 1976 defined 5 goals of Canadian immigration law:
1) To support the accomplishments of demographic goals.
2) To reinforce Canada's cultural and social fabric.
3) To ease the reunion of Canadians and their close relatives.
4) To protect against discrimination.
5) To execute humanitarian obligations with regard to the displaced and persecuted.

By 1984, 7% of Canada's population was comprised of immigrants from Africa, Asia, and Latin America.
Today, Canada is receiving a large proportion of Indian Immigrants every year and Indians are enjoying high standards of living in Canada.

The author of this article is continuously working on Canada Immigration Guide in order to facilitate those who want to Immigrate to Canada from India and other countries of world.

Tips For Moving Countries and Finding Work

So, you've finally decided to make the jump, and try and move to live and work in Australia. Migrating to another country is no small task; after all you are practically changing your entire lifestyle. It's daunting enough to find a job in your home country, so looking for a job overseas can be even more complex. Should you decide that you want to live and work in Australia; here are a few simple tips & strategies to make the process easier for you.

Research opportunities beforehand:

You'll need to have a good understanding of the job opportunities available to you in Australia. Here the web can be invaluable as a tool, as there are numerous websites with employment listings. Also remember to check out the MODL (Migration Occupations in Demand List), which is available on the Australian Immigration Government website. The MODL list gives you an idea of just what skills & occupations are in demand in Australia, which can help when you are applying for your visa.

If you're aware of Australian companies who have a presence in your country, then they can also be a good first port of call. Approach any companies and exporters in your country who have offices in Australia, or you can contact relevant companies and organisations in Australia directly.

Don't forget your documentation:

Don't forget any documentation that you may need bring with you, after all once you've landed in Australia it can be quite time consuming to have any documents you've forgotten shipped over to you. Important documents you may need include:

? school records, diplomas or degrees
? trade or professional certificates and licenses - anything from school level onwards
? driver's license, including an International Driver's Permit
? all documents related to previous employers, including testimonials, work records and network records

Prepare Your Employment history:

Copies of job descriptions and overviews from previous places of employment are good records of your responsibilities, notable achievements and your performance. Also keep a copy of any career or aptitude tests. There are plenty of resources & guides on the web which can give you invaluable tips on how to make sure your CV or Resume is succinct, informative and impressive to a potential employer.

Prepare Testimonials and references in advance

Where possible, get written testimonials from employers, clients and suppliers, and have these translated into English if necessary. English is Australia's national language and any sort of business documentation will need to be in English.

Also, it is a good idea to provide referees details of the jobs you are applying for and the types of questions they are likely to be asked for telephone references. Where possible, line up Australian referees if you have access to any.

Local email

Create a personal Australian email address (ending with .com.au/net.au etc) as a familiar reference point for potential employers. Preferably base this email address on your name - when applying for a job it gives a much better impression if you have a professional address. For some reason, hothunkydude@someemailaddress.com.au is not going to give a good first impression!

Don't get stressed, plan ahead

Moving to another country can be stressful enough, but compound that with looking for a job and it can really take its toll. If you're ill-prepared and don't plan things in advance, you'll find yourself in situations where you can spend too much time worrying and this can be a real negative on your performance in interviews.

Tom Ryan is a business consultant who lives an works in Australia. If you are thinking about immigrating to Australia he recommends you check out the Live in Victoria website. For further information check out: Australian work & jobs.

Tougher Immigration Rules by the Australian Government

In the current scenario of global slowdown, the local Australian citizens and residents have been suffering on account of high unemployment. Thus, a major initiative has been taken by the Australian government regarding its policy on immigration. The permanent general skilled migrant quota has been cut down by 14 percent so as to cater to the country's own shortage for employment. This was expected by the government, sooner or later. The 14% slash means 18,500 less immigrants. Hence, the total immigrants come down to 1, 15,000. Along with this, certain categories such as building and manufacturing trades which includes carpenters, bricklayers, metal fitters, plumbers and so on have been removed from the Critical Skill List. This would mean less competition for the local citizens for the already minimal employment opportunities.

However, the Australian government has ensured that the industries and the employers can still open doors to skilled immigrants. This would now be determined by the need for such professionals in specific industries where it is not being able to be catered to by the locals. Such needs are reflected by occupations listed in the MODL and Critical Skills List. Since, the MODL and Critical Skill set will be under constant review, changes can always be done to reflect future changes in the labor market.

The following points would be given due emphasis from now on -

  • The general skilled migrant programme would be continued but would be highly labor market specific.
  • The programme would now focus on the industry requirements.
  • A candidate applying for immigration without a sponsor from an employer would be given priority only if he comes under the categories mentioned in the Critical Skills List.
  • This form of focus would ensure quality and the right skills that would help the Australian economy rise from the slowdown.
  • To meet the urgent skill requirements, the applications of the employer sponsored permanent migrants would be processed ahead of the others so as to ensure no loss in the economy.
  • Hence, emphasis is being given to those working on the temporary visas and around 36,000 permanent visas could be granted this year.

This is clearly an indicator of the current scenario in Australia which is just an example of the outcome of the global meltdown in the developed nations. Having said so, the open list still encourages Engineering, Accounting, IT and Health professionals to apply and to take advantage of this opportunity as soon as possible. A seasoned immigration specialist will take them through the critical assessment and the visa application stage.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of ABHINAV.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

US Immigration Tips For Couples

For dual nationality couples, a major concern is obtaining a visa so that one o the partners can come to the United States. Although some couples choose to retain an immigration lawyer, others choose to file their I-129f petition without the assistance of counsel.

These tips are intended for those filing their K1 Fiance visa petition on their own. As with anything regarding US Immigration, being prepared ahead of time will save time and trouble in the later phases of the process.

1. Know Where to File the Visa Petition:

The USCIS service center where one needs to file the petition depends upon where the US Citizen Petitioner resides in the United States. Going to the USCIS website and doing the research about what location to file the petition will be beneficial because filing the petition at the wrong service center could lead to needless delay.

2. Gather the Proper Documentation:

Compiling all of the necessary documentation up front will save a great deal of wasted time down the road because the USCIS service center will not need to send out an RFE (Request for Evidence). Forestalling an RFE can greatly expedite the visa process.

3. Obtain Translations Where Necessary:

For some couples translated documentation is unnecessary because the foreign partner's home country uses English in their official documents, but in countries in which English is not the official language or mother tongue it may be required to obtain certified translations of documents. Failure to obtain translated documents could result in an RFE or 221g (A 221g refusal is a refusal by the US Embassy to issue a visa without further documentation it is somewhat similar to an RFE).

4. Maintain Communication with Your Fiance:

This is more of a personal tip than a tip that deals directly with immigration issues, but it is no less important than any of the other tips here. One of the biggest causes of frustration and delay stems from failure to communicate on the part of those seeking the visa. Partners need to maintain communication in order to facilitate faster document gathering and lessen frustration because when delays in the process are explained the problems have a tendency to seem less insurmountable.

5. DO NOT lie to the US Government:

In some situations one of the partners will have an issue that they do not wish to disclose to USCIS or the Embassy. It is NEVER a wise idea to lie about anything with regard to US Immigration matters. This also goes for ones intent with regard to a visa. It is considered immigration fraud to lie about one's intentions with regard to US Immigration. Therefore, one wishes to bring a fianc?to the US for marriage then a tourist visa should not be used because that visa is non-immigrant and one should not have immigrant intent when using it.

Note: This article is for general informational purposes only and should not be used as a substitute for individual advice from a competent licensed attorney. No attorney-client privilege is created by reading this article.

Benjamin W. Hart is an Immigration Lawyer with Integrity Legal Ltd. He currently works in Thailand where he assists in facilitating immigration matters for Thai-American couples. To learn more please see K1 visa or US visa

US Visa Denial Waivers

This series of articles discusses US visas and their use in bringing a Thai fiancee to the USA. In this piece we will be discussing the options a Thai-American couple has in the event a US visa is denied by the US Embassy in Bangkok.

Trumpeted worldwide as the "Land of Smiles," Thailand is one of the most beautiful and enticing countries on Earth. An added bonus on top of Thailand's natural beauty is the natural beauty, grace, and charm of Thai women. Many travelers arriving in Thailand find themselves not only captivated by Thailand, but by the Thais as well.

Although it is not a topic that most people wish to discuss, the fact remains that K1 fiancee visa denials do happen and there are strategies and legal remedies for almost all types of K1 denials. There is a somewhat common misconception that adverse decisions from the US Embassy can be appealed. In reality, nearly all decisions made by consular officials cannot be appealed. The doctrine of consular absolutism holds that the decisions made by consular officers are final and beyond appeal, therefore any decision made regarding the disposition of a K1 visa case would be a decision with no recourse for appeal.

So what can one do when a K1 visa application is denied? First it must be determined why the application was denied. If the application was denied based upon a factual determination that the relationship was not bona fide, then that determination is likely not subject to an appeal process. If, however, the decision was based upon a legal finding of inadmissibility then that ground of inadmissibility may be waived.

A waiver of inadmissibility can generally be obtained by filing an I-601 application for a waiver with United States Citizenship and Immigration Services (USCIS). In Thailand, the two more common grounds of inadmissibility are based upon a finding that the beneficiary overstayed in the USA on a previous visa or a presumption that the beneficiary was involved in prostitution. Another often seen ground of inadmissibility in Thailand involves a beneficiary who has committed crimes of moral turpitude in the past. Any of the aforementioned grounds of inadmissibility can be waived, but one must prove to the adjudicator at USCIS that a waiver would be proper in the case by showing that failing to grant a waiver would impose an extreme hardship upon the petitioner. It may be wise to retain an attorney in order to properly craft an argument regarding extreme hardship.

(Note: Nothing in this article should be construed as creating an Attorney-Client Relationship between author and reader. This article should not be used as a substitute for individualized advice from a competent licensed attorney.)

To learn about American Immigration issues from Thailand, please see: k1 lawyer thailand or Visa Waiver Thailand

Sunday, May 10, 2009

How to Get a Visa For Aged Parents

Subclass 804 is a permanent residence visa for aged parents. This Australia visa requires a sponsor ---either a child or another eligible sponsor. There is minimum age requirement of 65 for men. For women, there is a date table that needs to be followed.

If the aged woman parent is born before June 30, 1997, the earliest she can apply is on June 30 2007. At that time, her age should be 63. If she is born between July 1, 1944 to December 31, 1945, the earliest application date is between January 1, 2008 and June 30, 2009. Minimum age is 63.5. If the aged woman is born between January 1, 1946 to June 30, 1947 the earliest application date is between January 1, 2010 to June 30, 2011 at the age of 64. If she was born between July 1, 1947 to December 31, 1948, then she can apply between January 1, 2012 to June 30, 2013 at the minimum age of 64.5. If the aged woman applicant's birth day is January 1, 1949 and later, the earliest application date is form January 1, 2014 onwards at the minimum age of 65.

To be able to get this Australian parent visa, the parent must have a child who is settled in Australia either as a citizen, a permanent resident or as an eligible New Zealand citizen. Furthermore, the Balance of Family test must also be passed such that half the children must be permanent residents in Australia or there should be more children permanently residing in Australia than in any other overseas single country.

To become a sponsor for this Australian visa, one must give a written undertaking that he or she is willing and able to provide support, accommodation and financial assistance to the applicant as well as any other accompanying dependent for the first two years of residency.

Once this visa for Australia is granted, it allows the aged parent and any dependents to work and study in Australia. They will also have access to subsidized health care via the Medicare and the Pharmaceutical Benefits Scheme. After a two-year waiting period, he or she may be able to access social security payments. This Australian parent visa also renders the recipient eligible to apply for Australian citizen ship subject to residency eligibility criteria.

One important thing to note, it generally takes a longer time to process an Australian visa application for non-contributory parent visas such as this one. They may have to wait many years before the Australian visa is granted.

Dylan Lautner is a Search Engine Optimisation Specialist, he is also a writer.
http://www.nationalvisas.com.au/
http://www.nationalvisas.com.au/parent/parentvisas.htm

Immigration Trial Attorney - How One Can Help You Win Hard Immigration Cases

Since 9/11, immigration trial attorneys are more important than ever. Rules are tougher. Procedures are tighter. Judges are stricter.

Yet, over 50% of immigrants go to Immigration Court hearings without a lawyer. This is a recipe for disaster.

Americans looked for causes after the 9/11 attacks - many blamed the immigration system. Nineteen hijackers had entered the United States on student visas; the others used tourist visas. The results were predictable. It became harder to qualify for green cards, U.S. citizenship, and other immigrant visas.

When green card applications fail, immigrants - and often their family members - are sent to Immigration Court. The government asks the judge to deport the immigrants. It becomes a winner-takes-all situation.

Like all aspects of immigration law, court procedures have become more rigid in recent years. These changes make winning your case harder than ever before . . . and the role of an immigration trial attorney more essential to your success.

The Immigration Court Overload

Immigration courts are flooded today: too many cases and too little time.

Since 2002, immigration judges are responsible for over 300,000 cases per year. There are 54 immigration courts and 226 immigration judges. It is estimated that each judge makes about five rulings per day, sometimes with less than 15 minutes to render a decision.

The results of overcrowding:

  • Judges take a quick look at written materials, searching for errors and omissions. A single error may cause a case to be denied, setting an immigrant's petition back by a year or more. The error can even lead to your permanent removal from the U.S.
  • Judges are forced to complete trials as quickly as possible. Instead of hearing from all possible witnesses, judges commonly ask for written statements instead of actual testimony. Important information may be left out. Unless there is an immigration trial attorney doing the writing, most immigrants will fail to include certain evidence the judges need to know.
  • Judges will not create law. They do not study rules like an immigration trial lawyer. If a law has been used a certain way by courts in the past, a judge is going to do things the same way. Only an experienced and confident attorney will challenge how laws and procedures have been used in the past if your situation is different.

The Role of Your Immigration Trial Attorney

An immigration trial attorney can bring many advantages to your case - and can help to offset the problems you will face at Immigration Court. These advantages may make the difference between winning and losing.

First, everything counts at an immigration trial. How you prepare your application will influence every step of the process. Too often deserving and honorable immigrants destroy their chances with poorly prepared paperwork. Confusing information can make it difficult to challenge a bad decision by the judge. Your lawyer should be able to prevent these mistakes before they happen.

Second, there are many programs unknown to immigrants. They are easily overlooked if you do not have an experienced attorney. For example, 5-10 years ago, a special program may have existed for immigrants from your home country. Now it no longer exists. A good immigration trial lawyer will know if that old law can still be used to help you stay here as a permanent resident.

And most important of all, a trial lawyer with immigration appeals experience can protect you against bad decisions. Judges are humans. They make mistakes. A judge might overlook important evidence which helps your case. A judge may fail to properly consider testimony from a witness. Or the judge might use a rule against you in an improper manner. Your lawyer will be able to challenge these errors.

Because immigration cases are harder today, hiring an immigration trial attorney may be the only way to protect your right to a fair hearing - and your right to stay legally in the United States.

There's no reason you should be afraid or embarrassed about needing a green card. Click here to get the information you need to become a permanent resident or U.S. citizen. If you're ready to learn more about how our offices can help you with getting a green card, becoming a U.S. citizen, or fighting deportation - please visit our website at http://www.bataraimmigrationlaw.com and download our free reports. Join the hundreds we have already helped. Visit us today.

What Motivates People to Immigrate?

The Federal Office for Migration and Refugees defines migration in the following way: "Migration occurs when a person changes the location of their usual place of residence. International migration occurs when this movement crosses national boundaries."

Immigration is defined as "to enter and usually become established; especially to come into a country of which one is not a native for permanent residence."

The main reason behind immigration is the search for better living and working environment, when compared to the native countries of the individuals. In addition to this is massive poverty leading to high fertility, unemployment and low wages. Also, high population puts pressure on the educational and the health facilities. To overcome these factors, immigrants migrate in the hope for better lifestyle and income opportunities. Also, some of the necessities such as electricity, water, educational and medical facilities are available in abundance. With these are the established system and an efficient organizational set up that ensures multiple opportunities on the professional front for a migrant. Other factors include weather and environmental conditions such as clean, hygienic and a pollution free state.

Immigration also happens due to political insecurity, prosecution and bad governance. Human rights such as the freedom of speech and the right to vote and elect the Government and political leaders as well as the freedom from Corruption are some of the key factors as well.

Finally, people migrate from countries that encourage ethnic, religious and gender prosecution and discrimination.

The decision on Immigration destination by a prospective immigrant is based on many factors:

  • Better quality of life as regards social security benefits vis-?is medical, educational with strong infrastructural - including abundant power and water - backup.
  • Freedom of speech and freedom from corruption.
  • Freedom from human rights abuse.
  • Political freedom
  • Freedom from discrimination on gender, ethnic and religious grounds
  • Family reunification

While the above points are the major motivating factors for immigration; destined countries have their own specified set of rules and regulations to select the prospective migrants. The most popular criterion is the Points Based System (PBS). The countries accepting immigrants against the Point Based System include Canada, Australia, UK, New Zealand and Denmark.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of http://www.abhinav.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

How to Go About the Process of Immigration?

Wondering how to go about your immigration process? Be it any country in any part of the world, there are certain basic conditions that comprise the eligibility of an individual for immigration. These immigration criteria remain the same throughout the world. However, the conditions in these criteria may vary. So, incase you are on the hunt to know how to apply for immigration services, this article might be of some help to you.

If you are planning to immigrate to another country, the first thing you need to do is to select the criteria that best fits in with reference to the country you plan to immigrate to. Some of these basic conditions are -

  • People seeking permanent residency options to another country or returning to their own country.
  • Immigration in search of employment or business opportunities.
  • Students immigrating for further studies.
  • Visiting another country for business and pleasure.
  • Immigration based on sponsorship of skilled workers.
  • Migration due to marriage, family living abroad, partner or fiance etc.

After chalking out where you belong in the above mentioned criteria, check for the various requisites mentioned and see whether you qualify for those or not.

For instance, the age criteria - based on the above mentioned categories, the age limit varies and it differs for different countries. In Australia, the maximum age limit for a skilled migrant cannot be beyond 45 years of age but also not less than 18 years. Similarly, in New Zealand, the migrant should be between the age group of 20 to 55 years.

This is followed by another common feature i.e. your ability to communicate in English. Here also, the candidate has to appear for the IELTS examination in order to meet the requirements for the immigration. This is more important for students wanting to pursue further education in Australia, New Zealand, Canada, United Kingdom etc. Apart from the students, the skilled or business migrants also need to take the test. This test is a common ground for evaluation while granting visas to the deserving candidates. However, tourists and other visiting family members do not need to appear for this exam.

Apart from these factors, there are a set of documents which are mandatory and have to be submitted without which the immigration and the visa processing could be shelved. These documents include -

  • A valid passport showing your nationality.
  • Incase, you are a skilled migrant etc., then the candidate has to produce a skill assessment record issued by the relevant country's authority.
  • A report of the IELTS test has to be submitted. Report should specify the test being taken within a specific time period and ensure that the results have not expired. Incase of spouses, the test results of both the partners have to be produced.
  • Copies of documents such as the birth certificate, age proof etc. should be certified and submitted along with the application.
  • Employment reference letters as well as the offer letters must be present so as to claim more points on the job front from the concerned employer in that particular country.

It has to be remembered that this checklist varies according to the kind of immigration opportunities availed. Hence, all the documents might not be required for all immigration applicants. However, few basic documents remain the same for everyone.

In addition to this, there are several others procedures that need to be followed to complete the application as well as the process of immigration successfully. Thus, it is recommended to take this article as a reference in the process for submitting an effective visa and an immigration application.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of http://www.abhinav.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

Wednesday, May 6, 2009

Immigration Laws - Should We Add a Genetic Health Requirement?

When people come to American and legally migrate they come here to build a better life, and raise a family, and since we are the great melting pot many of them end up marrying into families and marry US Citizens, which are already here and well established. But in doing so, they are becoming part of America's gene pool.

So, shouldn't we be testing for Genetic Health conditions, genetic diseases, or problems that will make our gene pool weak and cost us huge amounts in health care costs? Many politically correct people would cringe at such a thought, perhaps even call me a racist, but I am "matter of factly" stating the challenges here, and whether we choose to address this or not, either way we will have made a choice.

Perhaps, this is more of a philosophical issue, and yet it is so very real, and whether we care to address it or not, it really does matter and it will make a difference. The future of our nation is at stake, or rather our full potential is at risk. If we genetically test now, we have a chance of improving our gene pool, and saving ourselves unbelievable amounts of money in future health care costs.

Genetic variation is a great thing, but genetic flaws could prove to be quite problematic and hurt subsequent generations. Do we have the right to allow harm to come to future generations? Isn't it the job of our government to protect the American People?

What gives us the right to ignore this threat to our future and our grandchildren? Please consider this and how we might incorporate genetic testing into our immigration laws.

Lance Winslow enjoys community philanthropy - Lance Winslow likes small business. Lance Winslow has also been involved in the Oil Industry; http://www.oilchangeguys.com/aboutus.shtml/.

Our Immigration Laws Need Better Health Screening Rules

Have you ever considered how many people come to America without the proper shots? Or how many illegal immigrants come to America with TB or Hepatitis, or even N1H1 Swine Flu? We do have some technology to detect these things at border check points but illegal immigrants are not going past these check points. And if a legal immigrant is denied citizenship in the US, then what is to prevent them from coming here anyway illegally? Right now, nothing is stopping them not even fear of getting caught in the act.

One thing that folks do not realize is that our population is at severe risk, and although this Swine Flu breakout in Mexico City burned itself out, it could have been a lot worse, luckily it was not cold, rainy flu season. So this should be a wake-up call. And it ought to remind us of the other problems and diseases that come from not just Mexico but from any third world nation, anyone entering the USA whether illegally or through the designated legal channels.

Just because we have voted for politicians that speak at the podium with a silver tongue and politically correct vocabulary, does not mean that we should use this as an excuse not to protect the American People from this threat. Our immigration laws need better health screening rules, and we also need to have better border checks for travel, as well as tighter borders to prevent diseases or outbreak viruses like the one we just witnessed.

After all did you notice that the EU instituted rules for "no flights" from Mexico only days after the outbreak was confirmed? Think on this, why take chances with the lives and health of American Citizens? Please consider all this.

Lance Winslow enjoys community philanthropy - Lance Winslow likes small business. Lance Winslow has also been involved in the Oil Industry; http://www.oilchangeguys.com/aboutus.shtml/.

Incomplete Criminal Records Hurts Immigration Law Intent

If someone migrates into the US legally from a country that is part of the third world, they often have incomplete paper work, and lack of any real records. This means if they have been engaged in criminal activity or violent behavior, we may not even realize it, and surely if so, it is doubtful that they would volunteer such information, and thus, be denied US Citizenship.

Part of what our immigration laws are intended for is to prevent malcontents, evil doers, or bad people from joining us, but without good records we could deny someone with minor offenses in one nation that is of the first world with good records while allowing a murder to come here from the third world, see that problem?

Currently, there is lots of work being done in Europe to synchronize the criminal records and make them available to authorities in other nations, so fugitives can be caught, and other nations can shield against bad people, child molesters, murderers, and fraudulent business people who try to immigrate to other nations, and we too get the benefits of the reciprocal.

Unfortunately, when it comes to third world nations which do not have good records there is literally no hope. Worse, in many third world nations, those who oppose the governments there are actually good people, but have been thrown in jail or prison, or have come to have records no because they are bad, but because the people in charge have used the jails and law to silence opponents. This also hurts good people and it hurts us while we try to sort it all out. Please consider this.

Lance Winslow enjoys community philanthropy - Lance Winslow likes small business. Lance Winslow has also been involved in the Oil Industry; http://www.oilchangeguys.com/aboutus.shtml/.

Poor Immigration Processing Causes Increased Illegal Immigration Numbers to Soar

Everyone knows our immigration rules and regulations for legal entry into the United States are not really working for us. It has been said more than once, by people in the know that the system is clearly broken. Because potential immigrants know of this onerous system, that costs so much and takes so long, more folks are willing to by-pass this for illegal immigration strategies, namely; sneaking over the border and breaking in.

The horror stories we hear from those attempting to come to the United States legally are so insane you have to wonder what the problem is. We have some of the longest lines in the world for those who wish to come into this nation, which is both a positive and a negative. It is positive because it proves that no matter what the world media says about the USA, people are and always have been lining up to get in, so some of the nasty world media rhetoric is nonsense, people love America and most would love to come here.

Of course, that was the positive, the negative is that we have a botched system, and our immigration courts are full to capacity. It takes far too long for good people to get in legally, good people we want to become Americans because they will make us better, as they have so much to give. Meanwhile, we allow 30 million people to sneak over our borders, have anchor babies, over tax our health care system (which is also botched) and no one does anything about it. Now, does that sound like an immigration system we can believe in?

Lance Winslow enjoys community philanthropy - Lance Winslow likes small business. Lance Winslow has also been involved in the Oil Industry; http://www.oilchangeguys.com/aboutus.shtml/.

US Immigration Tips - How to Avoid Trouble - Part 1

When it comes to immigrating to the United States of America, there are several things that you need to take into your careful consideration. Following are some valuable US immigration tips that will help you avoid trouble and keep your status secure.

Dealing With Delays

If you are staying in US and it is the time to get your status or work permit renewed, it is very important for you to understand that USCIS (The United States Citizenship and Immigration Services) is strictly backed up. Therefore, the only way to deal with the delays is to send application for renewal far in advance. If there is an expiration date on your legal status and you cross that date, you may get arrested by the immigration authorities.

Getting US Citizenship

A great way to avoid all the possible troubles regarding US immigration is to try getting the US citizenship. However, the citizenship is not awarded to just anyone. There are certain rules and regulations about the same that you must be aware of before filing your application for the same. For example, things can be very easy for you if you hold a green card. In that case, you are strongly recommended to file your application as soon as legally possible. It will provide your close family members a more secure status and protect you from deportation. In general, once you get the green card approval, you will have to wait at least for five years before you could apply for US citizenship, but there can be exceptions. So, if you want to get the exact information, you should enquire about the same at the USCIS office.

Filing Multiple Visa Petitions

When it comes to US immigration, multiple visa petitions will accelerate the process. If you have more than one family members living in the United States of America, you should try to ask all of them (if they are eligible) to file the visa petition for you. For example, the waiting list in one category can be very long, but in another very short.

Dealing With Summary Removal

Summary removal may also be a possibility if you are not careful. You should never underestimate the rights and power of the border officials. If they find something suspicious, they may send you back right away. Therefore, you must be ready to convince these officers that your visa is genuine and that you are not at all a security risk. For example, if you are a tourist, you should be very careful with the packaging of your belongings. Make sure that your luggage does not give an impression as if you are planning a permanent stay. Things of suspicion may include a wedding dress, a resume, and other such things.

There are several other factors as well that you need to keep in mind regarding US immigration, which I will be explaining in the next part of this article. So, don't forget to check back.

US immigration laws are very complex ones. Therefore, you must hire an expert immigration attorney otherwise you may put yourself into deep, deep trouble.

Sunday, May 3, 2009

How to Apply For Citizenship - 6 Tips to Help You Through the Citizenship Process

Deciding to take up US Citizenship is one of the biggest and smartest moves a person can undertake. It is however not as simple as many believe. If you think the citizenship process is just a matter of learning a little basic history and filling out a form you are sadly mistaken. This article will take a look into how to apply for citizenship and point out some tips to help you through the citizenship process.

Things you need to know when applying for citizenship:

  1. You need to get the application for citizenship form entitled N-400, these forms are available online or can be picked up at your local government department.
  2. You need to fill out this form and ensure you submit it to your local government department. This is crucial, you cannot submit the application form to a different state or municipality to the one you reside in, if you do it will be rejected.
  3. Be aware that once you have submitted the form you will be contacted by the immigration department and asked to undergo an interview.
  4. Prepare for this interview, read up on US history, and study US culture, become familiar with the morality and ideology of the nation as you will be asked your opinions on a wide range of topics to determine your eligibility.
  5. Do not whatever you do give false or misleading answers, the people conducting the interviews are trained professionals and will soon detect if you are being untruthful. They are likely to be more lenient on a not so desirable response than if you are lying.
  6. Relax, the people that are conducting the interview are there for the most part to help you gain US citizenship.

Keep these things in mind and do some research and I'm sure you will be successful in your endeavour to become a US Citizen.

If you would like more information to help you gain citizenship, visit the following web site for more information on a resource that will make the process much easier. How to Apply for Citizenship

Indefinite Leave to Remain Status, the Future

Under the UK immigration laws there are a number of routes available to obtain 'indefinite leave to remain' (ILR) status,?commonly referred to as 'settlement' or, 'settled status'. ?The purpose of this article is to explain what ILR means, the entitlements it brings and how proposed legislation from the UK Government may affect future applicants only.

The Secretary of State for the UK Border Agency, may under S 3 (1) of the Immigration Act 1971, grant ILR to a person who is not a British citizen. However, an individual can lose his right to ILR if he or she is either sentenced to a term of imprisonment of at least 12 months by order of the Secretary of State and is sentenced to a period of imprisonment under the UK Borders Act 2007 or, is absent from the UK for a period of more than two years under the UK Immigration Rules HC 395.

Individuals granted ILR may:

?? live and work in the UK;
???have access to public benefits and if eligible
???apply to become naturalised as British citizens.

The UK government is currently seeking, through the 'Border, Citizenship and Immigration Bill 2009' (Bill), to remove ILR status to future applicants and replace this with the concept of 'probationary citizenship'. Once granted probationary citizenship, an individual will have the right to live and work in the UK, but will have no access to public benefits and will face additional requirements,?including but not limited to?'community service',?in order to be eligible to naturalise as a British citizen under the Bill. Therefore, should the Bill become law in its current form, once a person fulfills the eligibility requirements under his or her visa, they will be granted probationary citizenship, but will face?tougher requirements to obtain full nationality status.

Individuals, if eligible, should consider applying for ILR now in order to benefit from the existing laws as the proposed new legislation could have implications on their future rights in the UK. There is no set date for the Bill to become law. Furthermore, there is no clear indication as to how this will affect EEA citizens living and working in the UK under the EU 'Freedom of Movement' Directive.

For further information, please check with a lawyer authorized to provide UK immigration advice.

Evan Remedios is a solicitor and partner at RLegal immigration solicitors http://www.rlegal.com

Fiance Visa - Thailand - Waivers of Inadmissibility

One of the most prevalent I-601 waivers of excludability sought for Thai fiances and wives is the waiver of a finding of inadmissibility based upon the consular officer's presumption that the beneficiary has engaged in the practice of prostitution (or directly benefited from the fruits of prostitution) within the previous 10 years.

Many people become confused at the idea of a waiver because they believe that a waiver is an "appeal." In point of fact, a waiver is not an appeal. American Consular Officer's decisions are not appealable when they are making factual determinations. Therefore, if, based upon the facts, a consular officer comes to the conclusion that a Thai beneficiary seeking a US visa has engaged in the practice of prostitution within the previous 10 years, then that decision cannot be appealed.

A waiver is often mistaken for being an appeal because the waiver application is filed after the consular officer has made his or her decision. In the case of a waiver, the underlying finding of a ground of inadmissibility (presumption of engaging in prostitution) is not disputed. Instead, the person seeking a waiver is conceding the finding of inadmissibility and seeking to have the inadmissibility waived because a failure to grant the waiver would result in an "extreme hardship," for the US Citizen petitioner.

Not all waivers of inadmissibility require a finding of extreme hardship. Most notably, and HIV waiver is based upon a finding that the visa seeker will have adequate private medical care and coverage in the USA that will not come from government resources. At the same time, some grounds of inadmissibility have no waiver available. Two examples of grounds of inadmissibility with no waivers are a finding that a visa seeker has fraudulently claimed US Citizenship to obtain any type of benefit in the past and also a finding that the visa beneficiary has a criminal record involving drugs (under the current law, there is a waiver if the drug conviction was for less than a certain statutorily prescribed amount of marijuana).

In order to obtain the prostitution waiver it is advisable to retain the services of a competent attorney. The requirement to obtain the waiver is that the US Citizen prove that if the waiver is denied, then the citizen must uproot himself and move to live with the Thai beneficiary. It must be shown that this situation would cause "extreme" hardship for the US Citizen. The hardship must be over and above everyday hardship and rise to a level that would put the US Citizen in a nearly unbearable situation.

Nothing in this article should be used in lieu of legal advice from a duly licensed US attorney in your jurisdiction.

Benjamin Hart is a licensed American Lawyer. He currently acts as Managing Director of Integrity Legal a law office located in both the United States and Thailand. For more information regarding US immigration from Thailand please see k1 visa or usa visa thailand

US Visas From Thailand - Family Immigration Options

There are many US Visas available for those seeking to bring a loved one from Thailand to the United States. Many people become overwhelmed by their Immigration options and the plethora of forms and paper work that go along with all the separate visa categories conferring different types of immigration benefits. Hopefully this article will clear up some of the confusion and provide some insight about the different types of Visas that are available to a US-Thai couple. The Tourist Visa

A tourist visa is sometimes mentioned when people talk about US Immigration from Thailand because Thailand is not on the United States' list of countries that are entitled to a visa waiver. For this reason, many couples try to "kill two bird with one stone," by both touring the USA and leaving the possibility open for a possible wedding and change of status to remain in the US. Note: When entering the country on a tourist visa, the visa holder is specifically stating that they have no intent to remain in the US as a resident, lying about this constitutes fraud and can be punishable with prison and fines. It is not advisable to use a tourist visa if one has immigrant intent

The K1 Visa

The K1 Fiancee Visa is used for those who are not yet legally married, but wish to go to the United States for the purpose of marriage. The K1 is a "crossbreed," visa in that it is a non-immigrant visa with a specific departure date, but it leave open the possibility for adjustment of status and subsequent permanent residence.

Immigrant Spouse Visas

The CR1 and IR1 visas are immigrant spouse visas that confer permanent residence to the Thai spouse upon entry into the USA. Those who opt for immigrant spouse visas usually do so because adjustment of status is not necessary after the Thai spouse enters the United States.

The K3 Marriage Visa

The K3 was once a very fast alternative to the CR-1 and IR-1 Visa because at one time it could take as long as 3 years for a conventional spouse visa to be adjudicated. Now the wait time between the two visas is marginal and it is even possible that a CR-1 adjudication could finish before a K3. There are some strategic uses for the K3 as it can be used to "venue shop." Meaning that one can use the K3 to pick which Embassy they wish to use, but this is highly technical and one should only attempt to use the K3 for forum shopping after consultation with a US Immigration Attorney.

Benjamin Hart is Managing Director of Integrity Legal (Thailand) a law office in the United States and Thailand. For more on US Immigration please see US Visa Thailand and k1 visa lawyer

Know Why IELTS Test is Essential For Applicants Seeking Immigration Or to Study Abroad?

Speak to a person contemplating immigration or study overseas and ask them to point out one required step in the entire screening process that they would like to skip. Most of them are bound to answer that they would prefer to escape the IELTS test, if possible. This is because IELTS test not only adds on additional expenses to their immigration procedure but also requires them to devote a good amount of time for the preparation of the test. In immigration to certain destinations and under some specific programs, like Australia General skilled migration program, the immigration programs require that both the principal applicant and their spouse appear for the IELTS test as well. While this makes the Immigration process more expensive and tougher, what applicants do not realize is the fact that IELTS test is only for their benefit. Read further and find out how?

Is it unfair?

There are applicants who excel in the occupational field of their specialisation and find it unfair that the decision on their immigration application is not dependent on their occupational excellence alone but also on their language skills. This is based on the observation that others who might have not achieved the same level of occupational excellence as theirs but have fluency in the English language are granted the immigration visa easily.

Students planning to study overseas have the same concerns. In their opinion, the deciding factor for course and university selection should be the marks scored by them at their school or university level and IELTS puts them at a disadvantage to others who have better language skills.

Importance of IELTS test

So why has the IELTS test become such an integral part of the immigration applications for almost all Immigration destinations and programs? And why are the applicants made to undergo the strenuous IELTS preparation process and spend huge amount of funds in undergoing these tests? More importantly, what we need to think about is, why is it that no options are provided for applicants who are unable to qualify through this test?

Earlier system of assessing English language skills

The reason is that English language skills have always been a key selection criterion under the points based system, from the very start. In the past the Immigration officers used to take one-to-one interview to judge the English language skills of the applicant and decide how many points they would like to credit to the applicant.

But this kind of system created animosities and unfair situations, for both Visa processing office and immigration applicants. There are several reasons why this system of evaluation of language skills of the applicants is replaced by the IELTS test.

Firstly, the immigration processing delays soared high as the visa officers must take all interviews on an individual basis to take the decision about each of the applicant. When seen in context of queues of thousands of applicants, this meant years of additional processing delays. Secondly, this made the language skills assessment highly subjective as it was based on understanding of the visa officer conducting the interview.

Also, in conducting such one to one interviews, the Immigrant applicant could not be tested for all key areas of language proficiency, that includes Understanding, Reading, speaking and listening.

Introduction of IELTS

Need was therefore felt for an objective test that was internationally acceptable, standardised benchmark and assessment tool. Standardisation was very important so as to provide equal opportunity to all applicants. Thus, IELTS became an integral part of the immigration process and applications, especially for skilled professionals, independent immigration, General skilled Migrant and in some cases Green card visa applications as well. IELTS test is thereby based on evaluating applicant's skills in all four components of the language, including speaking, listening, understanding and reading.

IELTS is thereby also made an important requirement for students who opt to study overseas to majority of popular destinations, like Canada, Australia, UK, USA and New Zealand. Language is clearly one key area that can and does create difficult situations, especially when applicants do not have English as their primary language and have never had exposure to international language accents.

For students who are not very fluent in the language, it can literally turn out to be a nightmare as they land in a course and university where they cannot understand the instructions and are unable to communicate with teachers and rest of the peer group. Add to that, the expenses of staying away from home along with expensive overseas education.

The IELTS test thereby gives an opportunity to all such immigrants to avert any such difficult situation and check on their language skill levels, before they select the course and university for studying abroad. Most of the international educational institutions offer Language development courses for international students, who are not very fluent with the language. The students can first take such foundation and language developments courses for specified period and then they are permitted to take admission into the course of their choice.

So, IELTS test is an objective English language assessment tool that is internationally acceptable by Government and immigration educational institutions agencies alike. It has therefore become an essential part of the Immigration visa process and for study overseas applicants. Hence, an applicant is advised to prepare well, if they wish to earn some points by scoring well in various test modules. Seeking advice from an immigration expert is a wise decision to give a direction to your IELTS preparation as well as your immigration process, in general.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of http://www.abhinav.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.