USCIS Announces the Implementation of the Help HAITI Act

8 Jan
Coat of arms of Haiti

Image via Wikipedia

On December 9, 2010, President Obama signed into law the Help Haitian Adoptees Immediately to Integrate Act of 2010 (Help HAITI Act of 2010). This new law will make it possible for certain Haitian orphans paroled into the United States to become lawful permanent residents (LPR) of the United States and get green cards. Applications to get a green card under this law may be filed at any time on or before December 9, 2013.  Click here for more information.

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Immigration Reform May Come Next Week; Senate to Consider DREAM Act

15 Sep
LA DREAM Act Credit-Ruben Hernandez (31)

In his blog post, U.S. Senate Majority Leader Harry Reid has stated that the Senate will vote on the DREAM Act, which will be included in the Defense Authorization bill, which may also eliminate the “Don’t Tell, Don’t Ask Policy” for the military.  The DREAM Act will enable millions of undocumented children who have lived their lives as Americans to be able to continue to get their education.  This would be great for our society and economy.  As Senator Reid states about the law, it would allow students “who come to America before age 16 and who have been here for five years..  [to] be able get their green card after they go to college or serve in the military”  For more information click here.  Be sure to CALL YOUR SENATOR and REPRESENTATIVE to tell them to vote for the DREAM Act!   See the box on the side of the page.

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Ending Birthright Citizenship Will Add More Undocumented Workers to the US Population

13 Sep
First page of Constitution of the United States

A new study from the Migration Policy Institute shows that the repeal of Birthright Citizenship under the U.S. Constitution would add millions of undocumented children to the United States. With one proposal offered, if both parents are undocumented persons in the U.S., over 5 million undocumented children would be added in the next four decades.   Worse, an alternative proposal that would prohibit citizenship for children born here where only one parent is undocumented, nearly 24 million undocumented children are estimated by 2050.  This will seemingly have the opposite effect that anti-immigration proponents want, and why the conservatives offering these proposed changes to the U.S. Constitution are not really offering comprehensive immigration reforms.  Click here to read more about this study: http://www.migrationpolicy.org/news/2010_9_08.php.

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Uh-oh! Don’t Drop Your Guard When It Comes to U.S. Immigration Compliance!

10 Sep

Here’s a great article on H-1B compliance:   http://www.4hoteliers.com/4hots_fshw.php?mwi=5382.  Many companies — and reputable immigration attorneys (!) — don’t understand the consequences of maintaining proper public access records.  Needless-to-say, in today’s climate of stricter government enforcement (Yes, Obama has been tougher on illegal hiring practices by US businesses than his predecessors) it’s critical to be wary of all of the U.S. Department of Labor and U.S. Citizenship & Immigration Services requirements.

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Beware the Frosty (Fake) ICE Man

9 Sep
Wanted: Frosty the Snowman

Image by kevindooley via Flickr

Today in Miami two men pleaded guilty to impersonating U.S. Immigration & Customs Enforcement officers. Read more about what these two men did here, http://www.ice.gov/pi/nr/1009/100908miami.htm. The men defrauded people by informing them “that $10 million had arrived for them from Nigeria, but that they had to pay U.S. customs duties and fees to obtain the money. Through this “advance fee” scheme, conspirators defrauded victims out of approximately $300,000.”

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OVERSEES RETIREES: HOW YOU MAY BE ABLE TO INVEST IN A GREEN CARD

1 Sep
Last Version of U.S. Permanent Resident Card

Whenever I meet a retiree, for example a Canadian, here in Miami, I’m asked “How can I stay here permanently?”   Many retirees (also called “snowbirds”) usually come to the U.S. for three to six months at a time.  Some wish to stay longer, but their visas have limited them to short tourist stays.  Each year millions of snowbirds willingly come back to the U.S. despite these restrictions, and dream of staying.  What is not known by them is that there is a way to obtain U.S. permanent residence without worrying about qualifying for an employment, student or other category of visa.

For nearly two decades, an investor visa called the EB-5 visa has been available to qualified investors.  Each year, 3,000 investor visas are available for those who apply under a government-approved “Regional Center.”   A Regional Center is an organization or agency that has been approved by the U.S. Immigration Service and focuses on a specific geographical area within the United States. The primary purpose of the EB-5 Regional Center Program is to promote U.S. economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

The EB-5 Regional Center Program may be more desirable than the alternative.  Investors may also establish a new commercial enterprise, purchase an existing business or reorganize a business so that a new commercial enterprise results. Yet, this is more complicated for some investors, especially those who know the risks involved in starting a new company.  Such as, investors trying to apply based on their ownership in a commercial enterprise will have to show that their investment will benefit the U.S. economy and create full-time employment for not fewer than 10 qualified individuals.   But this is not so with the EB-5 Regional Center program. Clearly, this is the primary reason why the EB-5 Regional Center Program has become the most convenient way for investor to obtain permanent residence in the U.S.

Investing in a Regional Center requires, at a minimum, $500,000. This investment must be at risk, because under U.S. Immigration Law there can be no guarantee that the funds will be returned. However, by selecting a credible and established Regional Center, it may be possible for you to receive a financial return, and after five years to be able to withdraw your funds.  What you should also know is that most Regional Centers also charge a processing fee of $25,000 to $50,000, which does not include legal representation.   In fact, all Regional Centers will prefer that you have separate legal representation.

To get started and set up your investment, you will need to show that your funds are from a lawful source.  This means that the funds must be from personal income from your business, salary, investments, property sales, inheritance, gifts, personal loans, or other lawful means.  It will be your immigration attorney’s responsibility to guide you through this part of the process, as U.S. Immigration Law specifies what type of income is suitable for EB-5 investment.  Furthermore, your immigration attorney will need to advise you on various immigration processing requirements, including for your spouse and children, if any, whom may also obtain permanent residence based on your investment.  Otherwise, since one of the unique features of investing in a Regional Center is that you will not be required to live in the state where your money is invested, the EB-5 Regional Center Program may be the right solution to your U.S. immigration demands.  You may live anywhere you like in the United States, or your home country, and you will not be confined to the state where your investment dollars will be at work.  Instead, you  can have permanent residence in the United States – and a path to U.S. citizenship.

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