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Immigration Law Articles

 

Becoming a Foreign Legal Consultant in Florida
October 30, 2019

Under Florida law, a foreign legal consultant in is an individual admitted as an attorney, counselor of law or the equivalent in a foreign jurisdiction and who is qualified to give legal advice on the laws of the foreign jurisdiction(s) where they are admitted. They may provide for profit or pro-bono services. Though there are certain restrictions on the services a foreign legal consultant may provide, a foreign legal consultant may advise individuals on foreign law in the same way that a US attorney could advise on US law...

 


K-1 Fiancé Visa Immigration Attorneys with Expert Advise
November 5, 2018

In this case, the K-1 fiancé visa would be your best next step moving forward. It is a nonimmigrant visa that allows the prospective resident spouse abroad to obtain permission to marry his or her American fiancé (e) in the United States within 90 days, and then immigrate to the United States through legal permanent resident status.”...

Categories: Green Cards

 


Planning to Expand your Business to the U.S.?
March 22, 2018

You have grown your business in your home country and have found the challenge of expanding abroad to be quite tempting. Perhaps you visited the U.S. on a tourist visa and realized that your business would do well in its vast and diverse market? Otherwise, you might potentially already have American clients and have come to the conclusion that expansion is simply a great opportunity for further growth. If you are looking...

Categories: Professional Workers; Investor Visas; Temporary Visas

 


Misrepresentation guidance tightens and creates implications beyond the obvious
December 15, 2017

There are a myriad number of reasons that a person may be found inadmissible to the United States. The grounds of inadmissibility apply to both temporary and permanent visa applicants Waivers may be available for some of these grounds, but you would rather not need to avail yourself of a waiver. Some waivers require that you prove...

Categories: Waivers

 


Aspiring Student? Going from a B1/B2 to an F1
November 27, 2017

One of the most common changes of status that clients request is to change status from B-1/B-2 Business/Tourist to F-1 student. To change status from B-1/B-2 to F-1, the underlying B-2 status must remain valid until the 30 days immediately before the program start date indicated on the form I-20....

Categories: Temporary Visas

 


What you need to know for the upcoming DV 2019 Green Card Lottery
September 21, 2107

An approximate 50,000 immigrant visas are given by a drawing from random selection by the U.S. Department of State through the Diversity Immigrant Visa Program. This DV lottery gives the opportunity for applicants of countries with low rates of immigration to the United States the chance to receive a U.S. Permanent Resident Card or « Green Card »....

Categories: Green Cards

 


Recent News – DACA
September 14, 2107

On September 5th, 2017 President Trump officially announced that the DACA program will be ending. The Deferred Action for Childhood Arrivals (also known as « DACA ») was an American immigration policy that was established during President Obama’s term back in 2012. This program was set up with the intention of allowing certain cases of illegal immigrants that came into the U.S. as minors the opportunity to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit.....

 


DACA Changes
September 5, 2107

On September 5, 2017, Attorney General Jeff Sessions announced President Trump’s decision that the Deferred Action for Childhood Arrivals (DACA) executive action was withdrawn and cancelled. Approximately 800,000 people have been granted DACA...

 

 


The RAISE ACT (Senate bill 354)
August 3, 2107

The policy and belief behind this visa is as follows: The United States accepts approximately 1 million immigrants annually mostly through family petitions that lead to “chain migration.” This generation-long influx of low-skilled labor has been a major factor in the downward pressure on the wages of working Americans...

Categories: Green Cards

 


E-2 visa qualifications for dual nationals, and dual nationality seekers
May 2, 2107

E-2 visa qualifications for dual nationals, and dual nationality seekers Do you have European or Japanese citizenship? Do you have $75,000? You may be able to qualify for an E-2 visa. The E-2 visa is a popular investor visa that permits a foreigner to buy or create or invest in business in the United States, and to thereafter reside in the United States and work in the business in legal status. The E-2 Visa does not lead to a green card...

Categories: Investor Visas; Temporary Visas

 


President Trump’s Immigration Mandate - New Law To Reduce Legal Immigration Proposed
February 09, 2017

President Trump is seeking to limit immigration. Not just illegal immigration by building a wall, but legal immigration as well. About 1 million people legally immigrate to the United States annually with permanent visas. Contrast that with 11 million annual temporary visitors. Anti-immigration groups want to slash the number of permanent visas in half....

Categories: Green Cards

 


After Trump's Election: Business As Usual For Legal Immigration
December 15, 2106

The results are in and Donald Trump is going to be the 45th President of the United States of America. For legal immigration to the United States, we expect business as usual. Though Donald Trump promises to be tough on enforcement, foreign investors are still likely to be courted by the United States. The Central Florida area is a direct beneficiary of many investors. The Immigration Law office of Vazquez and Poudat...

 

 


O-1 Visa Agent: the basics
October 13, 2106

As a highly specialized individual in sciences, education, business, athletics, motion pictures or another type of artist, you might consider an O-1 visa “for people with extraordinary ability or achievement” to come into the United States. Although most of the O-1 visa petitions are file by traditional employers (when the person is to perform only one specific job throughout the time of his/her visa with just one employer)...

Categories: Professional Workers; Temporary Visas

 


Reentry permit to retain your Green Card
August 31, 2106

When you become a Permanent Resident (LPR), or Green Card holder, you have to maintain your primary residence in the U.S. This means that, among other things, you are not supposed to remain outside of the American soil for an extended period of time, which is usually for more than 6 months per year. In certain cases, your circumstances might require you to go abroad for a longer period of time…...

Categories: Green Cards

 


Provisional Waiver Program: the expansion explained
August 3, 2106

A reform of the Provisional Waiver Program will go into effect on August 29, 2016, enlarging considerably the range of Applicants eligible for the Provisional Waiver Program. This Program allows applicants whose I-130 Petition was approved to apply for a waiver of their inadmissibility while still on the American soil....

Categories: Waivers

 


E2 employee: what is it?
July 7, 2106

The E2 employee visa allows a person who will be in an executive or managerial position and/or who has specific skills to come to the U.S. for the purpose of working for the considered business. This business has to either be owned and run by an E2 investor visa holder or to fulfill the E2 visa requirements. In both cases, you have to hold the same nationality as the majority business owner...

Categories: Investor Visas; Temporary Visas

 


Work authorization: will my spouse be allowed to work?
June 1, 2016

very few visas which willl allow your spouse to obtain a work authorization. The main category of visas which allow the spouse of the main visa holder to get a work authorization are the investors visas. Whether you are considering an essential employee visa (E2 treaty investor or E1 treaty trader), or an intra-company transferee visa (L1), ...

Categories: Investor Visas; Professional Workers; Temporary Visas

 


EB5: Regional Center or Direct Investment?
April 5, 2016

Two options are available for immigrant investors looking to invest from half a million up to a million dollars in the U.S. in order to receive their green card through an EB5. You can choose to either buy or start your own qualifying business, or invest the funds through the Regional Center (RC) of your choice. There are pros and cons to each option. so the choice depends on your preferences as an investor. With either option...

Categories: Investor Visas; Green Cards

 


Investment visa (E-2) through a Franchise
March 4, 2106

When we talk about investment visa, people usually think about either buying an existing business, or creating a new one. But there is also an option that is somewhat in between, the franchise. A franchise is the right or license granted by a company to market its products or services in a specific territory.


Categories: Investor Visas; Temporary Visas

 


Am I eligible for an L-1 Visa?
March 4, 2106

The L-1 Visa is given to “intracompany transferees” of high profile. This visa aims at facilitating the admission of multinational corporate executives and managers, or persons with specialized knowledge. And, a false common idea about this visa is that it’s reserved for profitable company: that is not true! The benefit of this visa is not limited to for-profit corporations or partnerships, so it may be sought by a charitable, religious or other...

Categories: Professional Workers; Temporary Visas

 


Is it time to apply for your H1B work visa?
February 29, 2016

April 1st is quickly approaching, and given the limited quotas of the H1B work visa, it is imperative for H1B work visa applications to be ready to file by that date. With that in mind, is it time for you to contact our office in order to prepare your application? Have you found a potential employer yet? Confused about the process, or the benefits of an H1B work visa? Read on for answers and more....

Categories: Professional Workers; Temporary Visas

 


Adjustment of Status and the new Priority Date system
February 1, 2016

A foreign national who seek to obtain a green card through a relative or employment will have to file for an Immigrant Visa or file for adjustment of status, if in the United States. For the Applicants falling into one of the categories which do not have immediate Visa availability, the waiting time until a visa in that specific category becomes available is determined by the system of “Priority Date”....

Categories: Green Cards

 


E-2 Visa: what will the consular officer be looking for?
December 7, 2105

The E-2 Visa procedure is consular, which means that the intending E-2 investor will have to defend his or her application with an officer of an US Consulate or Embassy. The file has to be put in a certain order, demonstrate certain points, and be supported by specific documentation. Although the processes for submission of E-2 Visa applications are changing in certain Embassies, the requirements and the proofs the officer will seek remain unchanged.

Categories: Investor Visas; Temporary Visas

 


Hire an Orlando Immigration lawyer if I settle elsewhere?Hire an Orlando Immigration lawyer if I settle elsewhere?
November 1, 2105

The E-2 Visa procedure is consular, which means that the intending E-2 investor will have to defend his or her application with an officer of an US Consulate or Embassy. The file has to be put in a certain order, demonstrate certain points, and be supported by specific documentation. Although the processes for submission of E-2 Visa applications are changing in certain Embassies, the requirements and the proofs the officer will seek remain unchanged.

 


What is a § 237(a)(1)(H) Waiver?
July 30, 2015

The § 237(a)(1)(H) waiver is a humanitarian waiver created by Congress for certain deportable lawful permanent residents with a qualifying relative. It is a form of relief from removal (deportation). It provides a discretionary waiver for certain misrepresentations and fraud at the time of admission....

Categories: Waivers

 


Refusal of Admission on ESTARefusal of Admission on ESTA
July 1, 2015

ESTA is not a visa and getting your confirmation page does not mean that you are entitled to enter the U.S.! And if you were found inadmissible by Immigration upon entry on ESTA, your only solution would then be to apply for an actual visa to enter the U.S. in the future. A citizen of one of the 38 countries covered by the Visa Waiver Program –VWP- may enter the U.S. for a limited amount of time...

 


Abandonment of Lawful Permanent ResidenceAbandonment of Lawful Permanent Residence
June 11, 2105

Lawful Permanent Residents (LPR’s) risk losing their LPR status when they are absent from the United States for extended periods of time and/or take certain actions while abroad. While abandonment does not present a threat to most LPR’s returning from short-term travels outside the United States, this becomes an issue when the trip that the individual has taken was longer than six months. As a result, the LPR becomes subject to...

Categories: Green Cards

 


Are You Eligible For An Extraordinary Ability Visa?
June 6, 2105

Foreign nationals who have achieved national or international acclaim for achievements in certain fields are eligible for a special non immigrant visa classified as the O-1 visa. This will allow the applicant to travel to the U.S. to temporarily work in the field of extraordinary ability. The visa is not just for the talented but for the truly exceptional, such as a famous athlete, Academy Award winning director or Nobel Prize winning scientist....

Categories: Professional Workers; Temporary Visas

 


Visa Portability Opens Doors for Skilled Professionals and Potential Employers
April 1, 2104

H-1B holders are not trapped at their sponsor-employer, nor are non-sponsor employers completely barred from hiring H-1Bs. Thanks to the portability provision provided by the American Competitiveness in the Twenty-First Century Act, foreign workers may take their H-1B status with them should they choose to work for a new employer...

Categories: Professional Workers; Temporary Visas

 


How Do I Challenge My Denied Naturalization Application?
October 15, 2103

If your N-400 is denied, you should consult with an experienced Immigration Attorney to see if they can help you Appeal your case. There is a limited opportunity after your denial to appeal your denied N-400. Typically, you only get 30 days and it takes time to prepare a quality appeal. A denial of your naturalization case does not mean you can’t win your Naturalization appeal...

 


Removal of Conditions (ROC) on Residence
October 12, 2103

Generally a foreign national (FN) who marries a United States Citizen (USC) and obtains their immigrant visa before they have been married 2 years will receive conditional permanent residence valid only for 2 years. Conditions on residence can be removed either jointly or by waiver of the joint filing requirement....

Categories: Green Cards

 


Am I ready to become a U.S. citizen?
January 2, 2012

In my daily practice, I encounter individuals who wonder if they should become citizens of the United States and whether they are eligible to do so. What truly are the benefits of obtaining United States citizenship and is it time for you to apply? I have people coming into my office who have had their green card for many years and seem to only worry about it when the time comes for them...

 


Are you eligible for Cancellation of Removal?
July 19, 2010

A non-permanent resident foreign national, or permanent resident foreign national, placed in removal proceedings (formerly known as deportation proceedings) and charged under either Section 212 or section 237 of the Immigration and Nationality Act may be able to fight deportation with the Immigration Judge via the filing of an application for cancellation of removal. See Section 240A(a) and Section 240A(b)...

 


 

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