We all know the importance of an attorney when it comes to cases pertaining to immigration. At the same time, there are only few who are actually aware that when it comes to an interview with the visa officer, an attorney cannot represent an applicant in the US Embassy. This is simply not permitted by the US Embassy.

However, the same is allowed at the United States Citizenship and Immigration Services (USCIS) where in an American lawyer is permitted to represent an applicant. The common rule that is followed amongst all the Embassies and Consulates of the United States is that all the foreign nationals who are applying for a visa have to appear in person for an interview. Here, any form of representation legal in nature would not be accepted under any circumstance. Also, people related to the applicant such as spouse or any relative or even a friend would not be permitted.

The only exception to the above is when the applicant is a minor. In such a case, a legal guardian or an attorney can appear on behalf of the minor applicant. When it comes to client representation, the United States Foreign Affairs Manual is followed. This manual caters to proper guidance to the United States Department of State which includes all the State employees.

Each consulate has the authority to form its own set of policies when it comes to representation of applicants by an attorney. In such cases, the consular officers usually consult with the attorney directly. This is done if the lawyer has submitted a G-28 Notice of Representation which has been implemented appropriately. In this case, the consular officials would inform the attorney of records when it comes to issues with the applicant in question.

The benefit of this form of correspondence is priceless especially when this attorney is on the ground. This leads to speeding the process and thus, reducing the number of delays through mails or telephone. This is because the attorney can be present in front of the consular officer which leads to an inquiry being made directly.

Above all, it is best to seek the advice of an expert before walking in for an interview. Even if a visa consultant is not permitted to represent your case, he can always advice you on how to go about the process. This is because he is always updated with the latest when it comes to such matters.

For any foreign national who wishes to visit the United States, it is mandatory for him to obtain a non-immigrant visa. Such visas are meant for people who enter the nation with a specific purpose and reside in the nation temporarily. With this visa in hand, the foreign national can travel to the US and seek the permission of the US immigration inspector to enter the country. The visitor visas include those for business which is the B-1 visa, for medical treatment or pleasures is the B-2 visa and others include a combination of the above.

At the same time, the United States has a Visa Waiver Program with some nations where in the nationals from these specific countries need not obtain a visa. However, these applicants must qualify with the visa requirements under the guidelines. With the Visa Waiver Program in place, there are thirty six nations which are participating in this program. It permits travelers from these countries to US to visit for the purpose of tourism, official or business and are permitted to reside in the nation for up to ninety days or less, that too without obtaining a visa. This program was introduced to reduce certain irrelevant hindrances pertaining to travel. With this, it was also done to promote the tourism industry. At the same time, it also allows the Department of State to concentrate the consular resources in other aspects.

On the other hand, those not belonging to these specific countries would have to apply for a tourist visa. This can be done at the US Embassy or Consulate in the specific country. An appointment for an interview can be requested for. In such a case, the applicant has to prove that he has strong ties as well as an employment which is stabilized. Also, he has to prove that he has a decent income along with a valid and a legitimate reason for his trip.

Here, it is important to note that the Consular Officer has very little time to take a decision regarding the eligibility of the applicant for the visa. So, during the interview, the visa official would question the applicant regarding his intent and purpose of making this trip. With this, questions pertaining to whether or not the applicant was involved with any violation of law or visas in the past. Above all, the applicant would be assessed for his strong ties to his native country. This would be proved by the evidence he submits.

Above all, it is has to be ensured that the documents are submitted along with the application form. More so, the right and the relevant documents which cater to the visa must be submitted. It is best to consult a visa expert in this regard who deals with US visit visas. He would be the one who would be updated with all the latest and can guide you appropriately.

The Marriage Visa is issued as per the United States Immigration and Nationality Act (INA) for the foreign spouses of US citizens. Certain requirements or terms and conditions have to be followed as per the laws of the United States in order to obtain this visa.

This visa is basically a petition for a family based immigrant. Here, the US citizen files a petition for his immediate relative for an immigrant status. The immediate relatives include spouses, parents and children who are minor and unmarried which also include stepchildren. However, when it comes to stepchildren, this relationship should have been formed before the children were 18 years of age. It has to be realized that this immigrant visa is a form of Green Card only which permits the immigrant to live and work in the US.

Incase, a relative does not fall in the immediate relative category, he would be termed as the derivative beneficiary. So, in such a case, a separate petition has to be filed for each of such relatives.

It has to be remembered that before filing either the K1 Fiancé visa or an immediate relative petition, the major part of the process for immigration should have been done with before the immigrant’s entry into the nation. This is because the immigrant would enter the nation as a Green Card which means that the person would be eligible to find work the day he/she lands in the nation. This means that the background check on the applicant which includes the immigration history of the applicant, bona fides of the relationship etc. are carried out. With this, the applicant is also interview by the consular officers before obtaining a visa.  The interview is conducted at a US Embassy in the native country of the applicant of which the applicant is a citizen.

The requirements for both the marriage visa as well as for the K1 Fiancé visa are more or less similar. The proof provided should be sufficient that the relationship with the US citizen is genuine. Thus, the evidence should include a marriage bona fide which is honest; legitimate as well as sincere. This should prove that the couple is legally and is not trying to evade the laws pertaining to immigration. Also, if the couple was into a previous marriage, they have to prove that it has been terminated before walking into this relationship.

To know more, it is best to contact an immigration and visa who deals with US immigration. He is always updated with the latest and the correct procedure to follow. However, make sure that you are consulting a genuine and a registered expert with a decent amount of experience.

The US government has posed certain restrictions on all its permanent residents when it comes traveling abroad. The reentry permit is an answer to these permanent residents who can enter the United States. This permit tends to identify the intentions of the immigrant whether he wanted to abandon his status or not. This program allows an individual to enter the United States after having been overseas for 2 years. This is when he has not acquired a retuning resident visa. This permit usually lasts for duration of 2 years from the date that it has been issued.

In order to apply for this permit, the applicant needs to submit the Form I-131 along with the fee. It is suggested that this form is filed way in advance to the trip, atleast 60 days in prior. Also, the candidate should be present in the United States while filing this form.

Incase, the applicant intends to reside outside the United States for less than a year, he does not need apply for this permit. Also, if the applicant has been residing overseas for less than a year, he is permitted to use his Permanent Resident Card in the form of his document for travel.

The total fee is $385 which also involves the fee for application which costs $305 along with a biometric fee of another $80. Incase the candidate would want an email notification or a text message once his application has been accepted; he needs to file the Form G-1145 E-Notification of Application/Petition Acceptance. This form should be attached with the first page of the main application.

Once the application has been submitted, within 30 days the applicant would receive the Form I-797 Receipt Notice which confirms that the application has been accepted. This would be followed by a Notice for Appointment which would need you to be present at the Local Application Support Center where in your fingerprints would be taken.

However, the application would not be approved if the applicant already has a valid reentry permit. And also, if it has been prohibited by the federal register where in a notice has been kept to not allow such a permit for travel purposes to the specific places.

Immigration is a life altering decision which involves an investment of an entire lifetime worth of savings. So, it is important to think at least ten times before taking the plunge. Be it any developed nation such as the United States, United Kingdom or Canada, a strategy has to be formed keeping all the loopholes and the Plan Bs ready. Research and answering all your questions is the key to have a successful immigration. The research never goes waste…if you do not believe it now; time would surely prove it to you. How to go about the process effectively and what to do – all depends on your initial research. So, your first goal should be to have an objective to immigrate. And you should be very clear about it.

So, how would you go about this objective? In other words, why do you want to immigrate? The reasons can be many based on your purpose. Some such instances include:

• I want to pursue my higher studies at a subsidized fee in the United States.
• I would like to invest in the US economy and start a business.
• I am looking forward to better work and life opportunities in Canada. So, I want to immigrate to Canada.
• My company wants me to go to the UK and set up a new office but doing so is better if I am an immigrant and a permanent resident. That gives me much leverage with financial institutions and local business community.
• My husband is a citizen of Australia and so, I would want to immigrate to live with him.
• Quality of life issues such as law and order problems, pollution and corruption are important and therefore, I must migrate to a place where systems work and people can live honorably and without fear.
• I am concerned about the future of my children

The above are few of the many reasons as to why people would want to immigrate to a developed nation. After knowing the reasons behind your immigration plan, the next step is how to go about it. For this, get informed about the kind of visa that is required and whether you are eligible for it or not, how to apply for it, the documents required, the fee that has to be paid, the various procedures that have to be followed and so on.

During the above process, it is essential that you do not get confused. To avoid this, it is best to hire a registered immigration consultant who would be able to guide you through the process. This would help clear the road map further.

It has to be noted that successful immigrants in various nations have always had clear plans which has led to the accomplishment of their goals. Thus, even a consultant would be of help only if you know what you want. Good Luck!

A new lawsuit has been filed by the Justice Department against the immigration practices which are being followed by the authorities in Arizona. Two months ago, a law suit has been filed against the Maricopa Community Colleges in the Phoenix area. This was after Governor Jan Brewer was sued by the Justice Department regarding the new immigration law that has been imposed in the state. This also comes along as investigations are being carried out against the sheriff in Maricopa County, Joe Arpaio for his tough acts pertaining to immigration enforcement.

In the recent lawsuit that has been filed, as per the officials from the Justice Department, discrimination has been taking place against about 250 applicants who were not the citizens of United States. This came about during employment opportunities where in it was made compulsory for these candidates to fill in additional documents. These were not as such required by the law as qualifications for their eligibility. This clearly showed the violation of Federal Immigration and Nationality Act.

At the same time, it has been maintained by the Justice Department that this particular lawsuit is not related to the Brewer case and that of the Arpaio and other investigations which began in 2009.

As per the law’s provision of antidiscrimination, it is against the law to treat those workers with the permit different during the process of recruitment, especially on the basis of citizenship. This is as per the Assistant Attorney, Civil Rights Division, Justice Department, Thomas E. Perez. So, the government is taking the relevant steps to clear this practice.

This is one of the recent cases which has come to surface and has been taken up by the Civil Rights Division. This division has been constantly modifying itself since the Bush administration.

BEDFORD: Another field office and support centre for Immigration applications will mark its opening on September 2. The occasion would be marked by a ribbon-cutting custom, followed by tours of the premises as well as another naturalization commemoration.

Shelley Goodwin who is the Director of USCIS Associate Regional, would govern the naturalization custom along with administrating the Oath of Allegiance. Other representatives who would be present in the event would be USCIS’ Boston District Director Denis Riordan and Simon Abi Nader, who is USCIS’ Manchester Field Office Director. To add the cherry on the cake, Gov. John Lynch would provide remarks while the naturalization custom would be on its go.

Russell Marcoux, who is the Town Manager, Ted Gatsas, who is the Mayor of Manchester and Glenn C. Rotondo, who is at the post of regional administrator of General Services Administration, New England region would join the ceremony for the purpose of ribbon-cutting custom.

The new branch is located at 9 Ridgewood Road. It would cater to plenty of immigration related issues. Some of them are naturalization interviews, legal processing procedure of applications for permanent residency, and other issues linked with the aspects of fingerprinting and services related with photographic aspects. The local area’s immigration community would be aptly served by this branch office. The base of this new branch office is on a national model that is kept the same for new USCIS office premises which are located all over the nation.

The Obama government is taking steps to release thousands of undocumented migrants who have been put under detention. These illegal migrants include only those who have the capability to reach the path of being legal resident in the United States.

This measure would impact the lives of about 17,000 illegal immigrants. This decision has come about when the Immigration and Custom Enforcement (ICE) were concentrating on those illegal migrants who were involved in criminal activities. As per the authorities, it is important that the focus shifts in order to decrease the backlog which is currently predominant in the immigration courts. More so, those detained have been waiting for months and years together before a decision is taken regarding their case.

According to the Deputy Press Secretary for the Immigration Enforcement Agency, Richard Rocha, numerous resources are being put to use for the expulsion of these illegal migrants. Now the focus is completely on those illegal migrants who have indulged in criminal activities. He also mentioned that criminal charges cater to more than half of the removals. This decision has not gone down very nicely with the Republican lawmakers while the immigration advocates have favored the move.

On the other hand, the total number of immigrants who have been put under detention has almost doubled reaching 369,000 on an annual basis. As of now, about 248,000 cases are still waiting to be assessed in the immigration courts. This is as per the Transactional Records Access Clearinghouse situated at the Syracuse University.

This rise has led to a huge problem pertaining to logistics as well as exposed consecutive administrations to allegations of keeping the illegal migrants under harsh conditions. However, the officials at the ICE say that this huge backlog tend to divert the officials from tracking down as well as finding these migrants and subjecting them to deportation, especially those who have indulged in criminal activities.

Above all, this can be considered as a move which is more humane in approach and if implemented rightly would definitely bring about a positive income.

You are on a vacation to the United States. But life has completely changed for you on this journey where you have met that special someone. Now that you have decided to get married! But what happens if you get married in the United States on a travel visa? Many people don’t know that a foreign nation who is in the United States on a travel visa is permitted to get married on that status.

It is not impossible to get the status of the travel visa changed. Ideally, the applicant is permitted to marry a citizen of the United States but then would have to return to his/her native country before the visa expires. However, it has to be ensured that your purpose was not to visit the United States only to get married and reside over there.

In order to get the status, the spouse of the foreign origin has to prove that his/her intentions were to spend a holiday and then return to their home. Getting married and intending to stay in this nation was not preplanned. Thus, the US authorities have to be satisfied in this regard.

However, before taking the plunge, here are a few aspects that you must consider. There might be chances that you might be denied a visa or the adjustment of your status. In such a case, what would you do? Many a times people are denied a visa for various reasons which include the lack of relevant documentation, health issues, bans imposed, criminal record and so on. Incase you are not granted a visa, would your spouse who is a US citizen move with you to your native country. It is important to consider this fact before getting married.

Once you are given a permit, you would not be allowed to travel outside the United States for a while. This would not be possible till the foreign spouse receives an advance parole/Green Card. If left without any of these documents, the US authorities would not permit you to enter again. And so, the process has to be started from the beginning.

Life in the United States might turn out to be quite different from that of your native country. You need to be physically and mentally prepared to cope up with culture shock, lifestyle, and extreme climatic conditions and so on. This means that you would have to leave your old life, family and friends to live with your spouse in the United States. Would this be acceptable to you?

Above all, you must remember that the travel visa implies only a temporary stay in the United States. In case, you intend to get married and reside in the US, the fiancé and the spouse visas are the programs to be applied for.

Many of us feel that just by receiving a stamp on the visa, we have the permission to enter the United States. But we are hugely mistaken. It is understood to reach such assumptions, but sooner such myths are cleared, the better it is. Just because one holds a visa which is a legal door of entry into the United States is not a good reason enough to take things for granted. The final decision to grant you a permission of entry is made by the Department of Homeland Security and the US Customs and Border Protection authorities.

Once you land in the United States, you would be a part of the US-VISIT entry-exit program. With this, some of the candidates might even have to register with the Special Registration program.

After you have been given a permit of entry by the officials from the Border Protection, the Arrival-Departure Record which is the Form I-94 is added to your passport. All the dates pertaining to your approved visits would be entered in this form. This form is the only legal document which proves that you are entering the country lawfully. So, it is very important to carry this document.

The date mentioned in the form I-94 as your last day as a legal alien should be taken very seriously. This is because if you bypass this date, you would be residing as an illegal in the United States. So, you must leave the nation before this date ends. Incase you are eligible to get your visa renewed or get your status adjusted, you can avail the option if you wish to reside in the United States. However, if you overstay the expiry date, you would be committing an offence and your visa would be nullified. As per the immigration laws of the United States, you would be violating them.

Before you set off, make sure that you have all the relevant and important documents which you would have to produce at the Border Protection to the officials post landing. The Border Protection authorities have all the right to inspect and verify your documents. They might even check your luggage and other belongings. Also, you might even be asked questions regarding your reasons for travel and the purpose for entering the United States.

If you are being inspected, there is no need for you to be nervous. You have to understand that the officials at the Border are doing their duty which is to secure their homeland. With this, they implement the laws that are brought out by the federal authorities. There are chances that they might scare but these people are mere professionals whose main purpose is to protect their borders. So, do not take it to heart. It is suggested that you be patient with the entire process and you would soon be cleared.

To know more, it is best that you contact an Immigration and Visa expert who can give you an insight into such process.