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Subscribe to this list via RSS Blog posts tagged in achieve immigration

Posted on in Immigration

Chicago immigration attorneys, diversity visa lottery, diversity visa, immigration, achieve immigrationAfter the Halloween attack in New York, in which Uzbek national Sayfullo Saipov killed eight people by driving a truck onto a sidewalk, the president had harsh words for the program that brought him to the United States. The diversity visa lottery has existed for only about 30 years, but it has aided immeasurable amounts of immigrants, including many who have come to the United States and opened businesses, thus creating more jobs for U.S. citizens. Still, myths persist about what it is and what it is not.

Is it a Green Light for So-Called Undesirables?

Even before Saipov’s attack, there have been numerous pieces of misinformation circulating about the diversity visa lottery and its recipients. Perhaps the most pernicious is that the lottery is simply another way for low-skilled people to enter the United States. Contrary to popular perception, however, the countries that send the most potential immigrants to the U.S. are actually excluded from the diversity visa lottery. Because their countries almost always exceed their immigration quotas each year, citizens of countries like India, Mexico and the People’s Republic of China are not permitted to apply. The diversity lottery is intended to assist those who hail from a country with low immigration totals that may not otherwise receive a visa—for example, Saipov was an Uzbek citizen, and Uzbekistan’s immigration totals are routinely quite low.

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Chicago naturalization attorneys, citizenship, military service, naturalization,  military recruitsGiven the current state of military technology, fewer people are signing up to join the service than was once perhaps the case. This, along with a general, growing distaste for constant conflict, has led the United States military to consider other options. If you fit certain characteristics, you may be eligible to claim U.S. citizenship after your military service has been completed; still, this is not the case for every enlisted person. Nonetheless, it is a good idea to familiarize yourself with the program.

Origins of the Program

Many, many people have joined the U.S. military in order to seek citizenship, but only since 2002 has the process been expedited specifically for military personnel. In the days following the 9/11 attacks, President George W. Bush authorized a quicker citizenship processing time for military recruits via executive order, knowing that the military would need to grow in size rapidly as it was pledged to attack terrorist cells around the globe. Recruits with potential to become translators or cultural experts were prioritized; however, anyone who met the requirements was permitted to go through the process. In 2009 it was expanded, with recruits getting the opportunity to naturalize at the end of basic training.

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Posted on in Immigration

Chicago immigration lawyers, immigrant intent, H1B visa, nonimmigrant visa, immigration lawWhen a person applies for a nonimmigrant visa to visit the United States, there are strict requirements he or she must fulfill before the visa will be granted. (This applies even to countries that are a part of the Visa Waiver program, if they have a specific purpose in coming into the country.) While these requirements have been reviewed and slated for modification in recent months, there are certain factors that remain unchanged. One of these is the issue of immigrant intent. If you do not understand the rule, immigration issues may result.

Presumption of Intent – By Law

Section 214(b) of the Immigration & Nationality Act states explicitly that U.S. consular officers must presume that everyone who applies for a nonimmigrant visa has immigrant intent—that is, the intent to remain in the United States despite the fact that nonimmigrant visa applicants pledge to return home after their business is concluded. This means that it is not personal—no matter how you appear or how you speak, the consular officer is required to suspect that you have lied on your application.

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Chicago immigration attorney, Legal Immigration Family Equity Act, LIFE ActUnited States immigration law is an extremely diverse and complex body of regulations that changes without warning. It is understandable that some visa or green card applicants might conceivably be left without options if their circumstances abruptly change. To help those that might be caught in this kind of situation, Congress passed the Legal Immigration Family Equity Act (LIFE Act) in 2000. While it may not fit the facts of your situation, it is worth investigating to see if it might.

Passage & Criteria

The LIFE Act was signed into law in December 2000, and its provisions allow some who might normally be ineligible to apply for a green card (referred to in official documents as lawful permanent resident or LPR status) to do so if the appropriate petition or labor certification has been filed for them before April 30, 2001. While this may seem outdated or irrelevant, in reality it still has quite a bit of relevance for potential immigrants from specific countries. For example, the priority date (the number that must come up before your visa may be granted) for certain categories of immigrants from India or Mexico is still listed as being in the 1990s—in other words, the queue to obtain a U.S. visa or green card is more than 20 years long.

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Chicago immigration attorneys, immigration appeals processAppearing in immigration court can be a frightening process. However, appealing an immigration denial can be even more intimidating, because there are a myriad of details that must be provided for an appeal to have a chance of success. If you are uncertain of how the appeals process progresses, you may make mistakes that can cost you your chance at citizenship or permanent residency.

The Board of Immigration Appeals

If you have been denied by an immigration judge, the next step in your case is to appeal to the Board of Immigration Appeals (BIA), which is the highest administrative law body in the country. It is important to know that it is not a court, because the standards for judicial pleadings versus administrative pleadings are very different—most notably, in that administrative hearings are much less formal and corners are more likely to be cut. It is also important to note, however, that the government may also appeal your decision, so even if you are granted status, it may go to the BIA because the government alleges error.

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