Posts Tagged ‘ immigration lawyer in nevada ’

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.

Allegations of Immigration Violations Require Special Counsel

Posted on: July 31, 2013 by in immigration
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bigstock-Image-of-business-contract-on--39481198Immigration law is taken very seriously in the United States, which is why anyone accused of violating immigration law should let an attorney represent his or her legal interests. American citizens who violate migration law face the risk of fines, business sanctions, and jail time, while foreign citizens who violate America’s immigration laws face practically the same risks, along with the risk of deportation back to his or her country of origin.

How U.S. Citizens can Violate Immigration Law

When an American citizen is accused of violating migration  law, it is generally related to the American’s business activity. While hiring of foreign citizens is allowed in U.S. businesses, there are several rules which must be followed that apply directly to businesses engaged in hiring and employing foreign citizens. If these requirements are not met, the American citizen runs the risk of attracting the attention of U.S. Immigration and Customs Enforcement officials.

How Foreign Citizens Violate Immigration Law

Because of their status as a foreign citizen living in the United States, immigrants are held to several standards which do not apply to U.S. citizens. For example, an migration  who was granted entry to the United States for the purpose of receiving an education must remain an active student in order to comply with migration requirements. Likewise, an immigrant granted entry to the United States for employment must remain actively employed in order to remain in compliance. Also, individuals who are allowed entry to the United States on any kind of visa are expected to refrain from committing any acts which are considered illegal in the U.S. jurisdiction where they reside. Performance of a criminal act exposes the foreign citizen visa holder to the risk of deportation even if the immigrant is able to remain in compliance with all other provisions of the specific visa which he or she holds.

Too Much On the Line

To say the least, there is a lot on the line after someone is accused of a violation of immigration law. For U.S. citizens, their very reputations and freedoms are on the line, and for non U.S. citizens, it is the lives which they have worked so hard to build in the United States. This is why anyone who is accused of a violation of immigration law, whether a U.S. or foreign citizen, should seek the advice of experienced immigration legal counsel. An immigration attorney, like any other type of attorney, can speak on behalf of the accused during interviews with law enforcement and at trial before a judge to ensure that the rights of the accused remain intact and that the accused is given the best opportunity to present a valid defense as possible.

Getting Legal Advice Before Allegations

Perhaps the best way to avoid immigration legal trouble is by seeking preemptive legal counsel. For American citizens involved in a business that hires and employs immigrants, an attorney can advise the citizen on his or her rights and responsibilities as they pertain to immigration law. For foreign citizens, knowing exactly what they are required to do in order to remain in compliance with visa requirements can potentially help the foreign citizen avoid the serious consequences of immigration law violations.