Posts Tagged ‘ immigration attorney in nevada ’

I-9 Compliance Forms

Posted on: September 13, 2013 by in immigration
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bigstock-Citizenship-documents-43205116Every employer in the United States is required to complete an I-9 compliance form for every employee that is hired. These forms are normally handled by the human resource department of the company you will be working for. The purpose of the I-9 compliance form is to make sure the employee has the legal right to work in the United States. The form must be completed for both U.S. citizens and non-U.S. citizens.

Responsibilities and Requirements of the Employee

Once you are hired to work for a U.S. company, you must cooperate with the employer by providing the information requested on the I-9. Failure to provide the information is enough to justify your termination before you even start working. You are required to sign the I-9 compliance form on or before your first day of work, and you will need to provide the following information:

  • Legal family name (or names, if you have two last names or a hyphenated name)
  • Any other name you have used in the past (for example, your maiden name if you are married)
  • Your place of residence
  • Your date of birth
  • Your United States social security number, if you have one (note that this is only mandatory if your employer uses an electronic method to verify citizenship status)

You will also need to declare your citizenship status under penalty of perjury. This means if you do not tell the truth regarding your citizenship, you can be prosecuted in court, and you face the almost definite risk of deportation. You must state whether you are a United States citizen, a non-citizen national of the United States, a lawful resident, or an alien that is authorized to be employed in the United States.

Responsibilities of the Employer

It is against the law in the United States for an employer to discriminate against you based on your citizenship status, immigration status, or national origin. An employer can not refuse to give you a job based on the fact that the paperwork or documents you provide for the purpose of the I-9 compliance form has expiration dates. This type of treatment and behavior by an employer is illegal and is considered unlawful discrimination.

Your employer does not have to send the I-9 compliance form to any government agency, however, the law requires that the employer keep the form on file for review at the request of immigration officials. Your employer must also accept any document you provide for the I-9 compliance form so long as it is on the list of acceptable documents. Passports, drivers licenses, birth certificates, and social security cards are a few examples of documents that are acceptable.

Seeking Help from an Attorney

Coming to a new country can be very exciting, but it can also be very confusing. For more information on how or why employers use the information contained on the I-9 form that you will fill out, contact an experienced immigration attorney. Immigration attorneys are well versed in immigration law and on I-9 processes and procedures.

Qualifying for a Waiver of Unlawful Presence

Posted on: September 6, 2013 by in immigration
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bigstock-Passport-Gavel-5802855If you are an immediate relative of a United States citizen and are living in fear of deportation because you failed to follow policies required to legally reside in the Unites States, you may qualify for a provisional waiver of your unlawful presence in the country. To be considered an immediate relative you must be a spouse, child, or parent of a United States citizen. A new process for this kind of waiver is being considered by the United States government in an attempt to shorten the time relatives are separated from each other and to facilitate a reunion between separated family members as quickly as possible, but there is no telling how long it would take to implement a new process.

How the Waiver Works

If you have been in the United States unlawfully for more than 180 days, you will need to be granted a waiver of inadmissibility to begin your application for a provisional waiver of unlawful presence. You must first return to your country of legal residence for an appearance with the Immigrant Visa Review Board. After your interview with the consular, your waiver will take effect if the consular decides, based on the answers given during your interview, to first grant you an immigrant visa for lawful entry into the United States.

How to Know if You are Eligible

There are very strict guidelines that must be followed in order to qualify for a provisional waiver of unlawful presence – all of the following requirements must be met:

  • You must be no younger than 17 years old
  • You must be a spouse, child, or parent of a United States citizen
  • All required petitions and forms must be approved
  • All required fees must be paid in full
  • You must file for your provisional waiver of unlawful presence while you are in the U.S. and provide your identification documents to the proper authorities

About the Application Forms

You must complete the correct application forms as accurately as possible and to the best of your knowledge. You must also pay all fees in full as there is no waiver of fees for the provisional waiver of unlawful presence. This point should be kept in mind when making the decision to file for the provisional unlawful presence waiver – these fees run as high as between $500 and $600. You will also need to provide information such as your full legal name, your address, your date of birth, receipts proving approval of petitions you have previously filed, case numbers, and your interview status. The forms may also require you to provide certain documents that outline where you are in your immigration status process.

Do not forget to sign each form or application that you complete.

Seeking Help from an Immigration Attorney

An experienced immigration attorney can tell you whether or not you may qualify for an immigration waiver and, if so, can help you apply for the waiver quickly and accurately. With an attorney by your side to help you through the application process, you are much more likely to have your application for a waiver approved than if you try to submit your application on your own.

Visas Under NAFTA for Certain Foreign Professionals

Posted on: September 2, 2013 by in visas
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bigstock-Attorney-At-Desk-6773160NAFTA Immigration Agreements

The North American Free Trade Agreement is a special agreement between the United States, Canada and Mexico to promote free trade between these three North American countries. If you meet certain qualifications, you may be able to qualify for a TN category visa, which would allow you to live and work in the United States. In order to qualify under the TN category, you must be considered a professional of your trade or business, and must be a citizen of either Canada or Mexico.

Different Rules for Different Countries

As a Canadian citizen you are usually allowed entry into the United States as a TN nonimmigrant for employment without first needing to get a visa. However, as a Mexican citizen, you will be required to apply for a visa in order to be allowed entry into the United States as a TN nonimmigrant.

Rules for Canadian Citizens

As a Canadian citizen you will be required to provide documents at a U.S. point of entry to a United States Custom and Border Protection official. You will need proof of your Canadian citizenship, documentation from your employer stating the nature of your work, your educational credentials, your expected length of employment, and any fees that might apply to your particular situation. Keep in mind that this is a short list of documents and information you may need to provide. The United States Custom and Border Protection may, at its discretion, require additional documents or information in order to grant you access to the country under a TN visa. Your employer, however, can file certain forms on your behalf that may speed up the whole process.

Rules for Mexican Citizens

Mexican citizens must acquire a TN nonimmigrant visa before they arrive at a U.S. port of entry, as Mexican citizens are not allowed to apply for the visa “on the spot.”  As a Mexican citizen, you can apply for this type of visa at a United States embassy or consulate in Mexico.

Mexican citizens are initially granted up to three years to remain in the country as a TN nonimmigrant worker. Before your TN nonimmigrant worker visa expires your employer can apply for an extension so that you may continue working in the United States legally, but keeping track of your status and visa expiration date is very important and will fall entirely on your shoulders. In other words, if you allow a visa to expire while you are still in the United States, you alone will face the consequences which the United States government may deem appropriate – up to and including deportation.

Seeking Legal Help

This has been a short overview for professional workers of Canada and Mexico who wish to seek entry into the United States as a professional under a TN visa. There are many factors involved to be able to properly apply for and ultimately be granted a visa, so it is highly advised that you contact an attorney who regularly practices immigration law to make sure your visa application process goes as good as possible.

Information for Asylum Seekers

Posted on: July 8, 2013 by in Uncategorized
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bigstock-Citizenship-documents-43205116The word “asylum” actually means protection or shelter from danger. Politically, refuge is protection granted by a government to an individual who has fled his or her native country as a political refugee – typically when the individual faces danger if he or she were to return home.

Along with being the land of the free and the home of the brave, the United States has historically been a sanctuary for individuals in need of protection from the dangers in their home countries. If they are granted refuge, individuals are allowed to work and live in the United States, but the status is only granted to individuals who meet certain requirements.

Requirements for Asylum

First of all, a person leaving his or her home country need not be approved for refuge  before entering the United States. Instead, individuals seeking asylum are allowed to apply for the status within one year of arriving in the U.S. The government approves applications for refuge if a person can prove that he or she has suffered fear or persecution in his or her home country due to the individual’s race, religion, nationality, membership in a social group, or political opinion. The individual is not only allowed to seek asylum for him or herself, but also for a spouse and any children under the age of 21 who are also unmarried.

Working as an Asylee

Once a person is granted asylum, that person can begin working legally in the United States without penalty. If 150 days have passed since the person applied for refuge status and no decision on the person’s application has been made, the individual seeking asylum can apply for Employment Authorization Documents, which would allow the refuge seeker to work before a final decision on his or her application is made.

It should be noted that the 150 day requirement assumes that any delays in application processing were not made by the applicant him or herself, as would be the case if an applicant asked for any extensions. A person must have an application for refuge pending in order to apply for Employment Authorization Documents.

After Asylum

An individual is able to apply for a green card, which is permanent resident status, after one year as an asylee.

Getting Legal Advice

Anyone who is in a position where refuge has to be considered will no doubt have some fears and doubts about their futures. By speaking with an experienced immigration attorney, seekers of asylum can have all of their questions answered and, if the attorney thinks the person is a good candidate for asylum, can help the person through the entire application process.

The attorney can help with all the necessary paperwork, including any paperwork necessary to help the applicant’s family gain asylum, and can also help with getting Employment Authorization Documents if the individual intends on working while in the U.S. After a year in the United States on refuge status, the attorney can also help the person apply for a green card to become a lawful permanent resident.

Path To Citizenship Approved by Senate Judiciary Committee

Posted on: July 3, 2013 by in immigration reform
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Immigration Rally in WashingtonThe Senate Judiciary Committee, the committee tasked with drafting a comprehensive bill that would overhaul the immigration system in the United States, has made a substantial step forward in crafting what the bill will become.

Path to Citizenship Approved 13 to 5

Not only was the Senate Judiciary Committee able to approve a path to citizenship for nearly 11.5 million immigrants, but it was also able to approve a plan that would create a new program for low and high skilled workers to gain easier access to employment opportunities in the United States.

The vote was nearly halted when Democrats made a last minute effort to include language in the bill that would have allowed same sex couples the same immigration rights as intersex couples, but the issue caused so much fiery debate that threatened the life of the entire bill, the idea was abandoned.

Tensions Rising in the House

The House of Representatives, which has been quietly crafting bipartisan immigration legislation over the last few years, does not appear to be having the same luck as the Senate in reaching a final agreement. Part of the tension is whether or not the House will craft its own bill or simply vote on a bill that was already passed in the Senate, but some members of the House are saying there is no way that a Senate approved bill would pass House scrutiny.

Steady Progress but Progress to be Made

Once both chambers of Congress are able to agree on a final version of the bill, then the proposals that have been made thus far will be in the final stretch on the path toward becoming law. The bill would go to the President for approval which, if not granted, can still be passed into law by a 2/3 majority vote in Congress. How long it will actually take for the path to citizenship amendments to get into law is still a question of how long it will take for a full and final bill to be passed.

Until both sides of Congress can consolidate and approve a bill, the rules and regulations which have governed U.S. immigration will continue to govern, and immigrants should not assume rumors of changing laws have the force of actual laws.

An Attorney Can Always Help

If they would like information on the most current state of immigration law in the United States, immigrants and foreign citizens should get in touch with a U.S. immigration attorney. Even if they are in the country illegally, individuals still have the right to seek advice from experienced immigration attorneys on legal matters relating to their immigration status.

In some cases, an immigration attorney can even provide assistance to individuals who are in the country illegally with upgrading their status to legal. As always, for best results, immigrants and foreign citizens wanting to come to the United States should work with an immigration attorney who can provide counsel in the immigrant or foreign citizen’s first language.