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.
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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.
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Federal employees who cater to the claims pertaining to the Social Security disability and immigration hearings have lately been the victims of a constant series of threats. This is according to recent information revealed by the Association of Administrative Law Judges along with the National Association of Immigration Judges.
As per the data collected between March and August last year, about twenty eight violent threats have been reported. This has been on the Social Security Offices which cater to the disability hearings. Along with this, about nine judges claimed that they had been threatened in the same period. This is as per the data collected from the Office of Disability Adjudication and Review, Social Security Administration.
From September 2009 to February 2010, there has been a record of 21 threats against the SSA hearing offices. With this, another 11 judges were threatened as well as to the wives and children of the judges.
According to the President of the International Federation of Professional and Technical Engineers, Greg Junemann, personal threats are being made against those in the federal government by people who are angry with the government. They are not coming out otherwise. It is important to increase the level of precautions taken. The Internal Federation of Professional and Technical Engineers represent the federal workers along with the administrative law judges.
Following the above, a new list of recommendations has been brought out to improve security of the concerned personnel. This came about during the National Press Club briefing.
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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!
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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.
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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.
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For all those prospective applicants who are intending to immigrate to Alberta, here is the not so good news. The province has stopped accepting applications from the applicants who are intending to apply under the Family Stream and the U.S. Visa Holder Category.
But cancellation has been performed on a temporary basis and is applicable until any further official notice is not brought in action. The same has been confirmed by a press release by the Government of Alberta.
Those who have already applied or are intending to apply, should know that applications under these two categories that were postmarked on or before August 23, 2010 would have their share of acceptance for processing further. The processing would be done in accordance with the current program criteria.
According to Thomas Lukaszuk, Minister of Employment and Immigration for the province of Alberta, the processing schedule would be continued for all those applicants who are decked with perfect skills and the enhancing economic needs of Alberta.
The applications under following programs would continue to gain acceptance: Engineering occupations, International students, Skilled workers, Semi-skilled workers in certain occupations, Compulsory trades, and Self-employed farmers.
The main motto behind Alberta’s immigration is to lure more and more applicants through its provincial nomination program rather than giving preference to those who want to come on a temporary basis.
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New Zealand: 34 members of the Immigration staff in New Zealand have been taken into investigations for their improper behavior as they have been speculated to have their connections with fraud cases.
According to Immigration Minister Jonathan Coleman, it was on August 16 when 32 staff members were taken into investigation for their wrong conduct. Now two fresh investigations have added into the category of suspects, making the count to 34.
Out of the 34 allegations, 16 of them are present in various branch offices located all over the globe and rest are present in New Zealand branch. As far as the statistics from last one year are concerned, 60 such allegations have been faced by the immigration officials regarding various cases linked with fraud and corruption. 10 out of them were substantiated while 23 went through thorough investigation. 27 of them went unsubstantiated.
Out of the seven immigration officers who were sacked, six of them were based in New Zealand, while the other worked in New Delhi.
According to Labour’s immigration spokesman Pete Hodgson, it is extremely disappointing that immigration officials are facing these kind of allegations related with fraud and corruptions. He further added that he is not satisfied with robust checking system of the country.
In addition, it has been confirmed that a lot of work has been done in the direction of setting clear standards of conduct and behavior.
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The International Graduate stream of the Nova Scotia Nominee Program lets the province’s employers hire and retain the international graduates who have been studying or living the Nova Scotia. In other words, this stream is meant for international graduates who are living and working in the province and have the intention to establish their careers in Nova Scotia.
Here are the basic eligibility criteria for the applicants of this stream:
- International graduates must have graduated within the last two years. They must have pursued the degree/certificate/diploma from a provincially-accredited post-secondary institution in Canada.
- They must be legal residents in Canada on a temporary work permit.
- They must have a permanent, full-time employment offer from a Nova Scotia employer in their field of study. They must have been working in a regular position for minimum 3 months.
- Job offers for international graduates must require them to be in positions which fulfill the requirements of the NSNP, pertaining to the skill level.
- Graduates must have the required skills, qualifications, and training for the job.
- They must have the intention and ability to settle in Nova Scotia, permanently.
- They must posses the adequate settlement supports.
- They must fulfill the criteria pertaining to age, language proficiency and education set for the International Graduate Stream.
To more about this stream of the Nova Scotia Nominee Program, contact an Immigration and Visa Consultant!
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A new book on immigration issues is being launched by a leading Banker in Germany. This banker was known to have led to an outrage amongst the Jews and Muslims for his comments pertaining to stereotyping them. This has come about amidst calls pertaining to his removal from the board of the federal bank.
The remark made by Thilo Sarrazin was that there is the same gene when it comes to all Jews. With this, Muslim migrants in Europe are not ready or not capable for mixing with the societies in the west. Sarrazin has been working for the Bundesbank in Germany.
This comment did not go very well and had come along with the launch of the book named as Deutschland Schafft Sich Ab which means Germany Abolishes Itself. As per book, immigrants have not contributed to the system of welfare in Germany but have taken more from it.
According to Chancellor Angela Merkel, discussion should be carried regarding the dismissal of this banker from Bundesbank. The Muslim and Jewish communities have also expressed strong disapproval of his remarks.
Above all, it has to be understood that when it comes to immigration, each nation looks into its economic benefit. So, immigrants alone cannot be blamed for this. After all, these migrants are the ones who leave their native state to contribute to the economy of a particular nation.
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