//
archives

Archive for

Q&A Post from Avvo.com – Can I Adjust Status of my C1 Crewmember Visa?


PUBLIC’S QUESTION: I was admitted in country on C1 visa on I-94, in my passport i have comination visas c1/d,b2 visas…

Asked 3 days ago – Miami, FL
Practice area: Immigration

my sister i u.s. citizen,my parents will receive paperwork to immigrate-with 10yr green card any minute-right now they still overseas in a process-my mom got it already -didnt wont to leave my dad behind while he’s still waitting for his , so they can come TOGETHER, since they are married , it was unneccesery delayed to my father same way it was done to another girlfriend of her famillies, what a COINCIDENCE ! ,not one to 2 of her girlfriends share the same Delay story, they got it after multiple inquairy letters, which is my sister doing now,she wrote a third one already, ins got time to answer – Long time, anyways,i read that i AM eligible to adjust my status since i was admitted as C1 allien -not d1, or some other , is it truth ? btw i am overstayed 20 yrs,no criminal record, plz help!

ANSWER:

Answered 7 minutes ago. Immigration Attorney in Miami, FL.
Hello,In general, a person on a C1/D visa should be admitted into the U.S. up to 29 days, while a person on a D2 may stay up to 6 months. Many attorneys seem to agree that C1 visas as particularly strict, and that you cannot apply for a change of status or adjustment of status while on a C1/D visa, even if you are an immediate relative of a U.S. Citizen.

As it sounds like you may have come on a C1 visa, you were likely only allowed to stay 29 days. It also appears that you have overstayed beyond 180 days (you indicate 20 years?). At this stage, it does not seem likely that you can adjust your status. There are some cases wherein a crewman can adjust his or her status under the benefit of section 245i of the Immigration and Nationality Act (INA). However, the deadlines for such amnesty have long-since passed and thus may not apply to you.

Some attorneys believe that where an alien has a C1 visa, was admitted as a C1 alien and issued an I-94, then such alien is “in transit” and may be eligible for adjustment of status. However, it again appears that you may have overstayed this option. You may wish to go home and try for a waiver, although the success of the same is very uncertain. You may wish to consult an attorney to further discuss the details of your case.

Most immigration attorneys will provide a consultation free or for a limited fee to discuss your case in more detail.

Best of luck.

Regards,
Miami International Attorneys, P.L.
abernhard@miapl.com
P.O. Box 191057
Miami Beach, FL 33119
Tel: 786-566-1969.

For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

Q&A Post from Avvo.com – Police Reports at the Immigration Interview


PUBLIC’S QUESTION: Immigration Interview

Asked about 3 hours ago – Orlando, FL
Practice area: Immigration

I am scheduled for my citizenship interview. When I had an argument with my wife she called the police. The officer came our home and advised us. there was no arrest or other charges.I had mentioned this in N 400. I have a copy of the police report with me. That’s the only thing available. I checked with the courts records office and they don’t have any record of me. My question is a copy of the police report enough or can I get a certified copy. How do I get a certified police report? During the interview Do I have to tell the whole story about it or a brief summary would be enough? thank you

ANSWER:

Answered 3 minutes ago. Immigration Attorney in Miami, FL.
Hello,The N-400 appears to have several options regarding arrests and detentions that you may or may not have checked as applying to you. What you did check may determine what type of document you should provide. For example, if you have ever been detained by a law enforcement officer for any reason, and no charges were filed, you should send an “original official statement by the arresting agency or applicant court confirming that no charges were filed”. On the other hand, if you have ever been arrested or detained by a law enforcement officer for any reason, and charges were filed, then you should send an “original or court-certified copy of the complete arrest record and deposition for each incident (dismissal order, conviction record or acquittal order). Thus, you should determine what category applies to you, what document you have, and what office issued it that can certify to its authenticity.Please also note that it appears that if you have been arrested or convicted of a crime, you may send “any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like the USCIS to consider”. You may wish to consider this option if you wish to fully explain the circumstances of your altercation.

It can sometimes be difficult to obtain the proper copies of the proper paperwork. In order to clarify whether your report is being held at the Sheriff’s Office, the County Clerk, or in some other city or county official’s office, you may have to do some research and thorough calling around. Sometimes, police reports are not public record and thus you may only receive a letter from the police either indicating the authenticity of your own report or stating that the record is not public. You may need an attorney to assist you in this.

As regards the interview process, the USCIS has an express set of guidelines on its interview process. It appears that any conduct or acts which offend the accepted moral character standards of the community in which the applicant resides should be considered, without regard to whether the applicant has been arrested or convicted. The instructions on the N-400 state that you should answer ever question honestly and accurately, and that if you do not, the U.S. may deny your application for lack of good moral character. Each type of alleged offense has differing importance and effect in an interview, so you may not be in considerable risk. You may wish to consult an attorney to further discuss the details of your case.

Most immigration attorneys will provide a consultation free or for a limited fee to discuss your case in more detail.

Best of luck.

Regards,
Miami International Attorneys, P.L.
abernhard@miamivisahelp.com
P.O. Box 191057
Miami Beach, FL 33119
Tel: 786-566-1969

For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

Navigating the Code – an introduction to the express law on immigration


The Immigration and Nationality Act

Navigating the Code – an introduction to the express law on immigration

INA Bill Signing 1965

The Immigration and Nationality Act (the “INA”) is a statutory plan (grouping of laws) that, once given the ok by both houses of the U.S. Legislature and accepted by the President, become THE LAW. This particular grouping of laws relates to immigration and the rules that all people wishing to move in and out of the U.S. must abide.

In order to organize this grouping of immigration laws, the Legislature divided the INA into 5 major sections, known as Titles I through V. Within these 5 Titles are sections of law, numbered 101 (starting in Title I) through 507 (ending in Title V). The bulk of the laws are found in Title II, which details immigration as a whole. Title I provides an introduction to the laws, Title III details citizenship and naturalization, Title IV details procedures for refugees, and Title V details removal.

Title I – Introduction to the INA. Title I, sections 101-106, deals with the general introduction to and set-up of the rest of the INA. Title I holds the definitions of words as they will be used through sections 101-507, applicability of the whole grouping of laws, and some of the powers and duties of different federal actors in the immigration scheme (including the Attorney General, the Commissioner, the Secretary of State, and  internal security officers). It is a good idea to browse through Title I to get an idea of what is to follow in the INA, and to familiarize yourself with the terms and players.

Title II – Immigration. Title II, sections 201-295, is much larger than Title I, and gets to the meat of what immigration is, the major categories of people trying to move in and out of the U.S. (immigrants and nonimmigrants), and the system that the U.S. as a country is presently using to control and facilitate this movement of people. Title II is divided into 9 Chapters in order to further assist organization of material. Chapter 1 details the U.S. Selection System; Chapter 2 details the Qualifications for Admission of Aliens and Travel Control of Citizens and Aliens; Chapter 3 details the Issuance of Entry Documents; Chapter 4 details the Inspection, Apprehension, Examination, Exclusion, and Removal procedures; Chapter 5 details the Adjustment of Status procedure; Chapter 6 details the Special Provisions Relating to Alien Crewmen (those working for the airlines who constantly enter and leave the U.S.); Chapter 7 details the Registration of Aliens; Chapter 8 details the General Penalty Provisions; and Chapter 9 details Miscellaneous issues, including fees, expenses, legal standards, and other random issues of immigration.

By looking at just the above described Chapters of Title II, one can get a general sense of what is involved in immigration in the U.S. The approach is very common-sense and contains all that one would imagine is needed to regulate the flow of people in and out of a country. To begin, the U.S. created a system to determine who can and cannot enter and leave the U.S. This system needed a series of qualifications to determine who can come in and out, documents showing such permissions or denials, and registrations keeping track of all such permissions and denials. Some people were not voluntarily abiding by this system of qualifications, documents, and registrations, so the U.S. created enforcement procedures, such as inspection, examination, and removal, as well as further penalties for those breaking the rules. Once inside the U.S., some people changed their mind as to their long term goals with the U.S., and therefore needed to change their permission status. Some people came in and out of the U.S. so frequently and quickly that the regular system was not useful (airline crew). Then, as always, there were a bunch of random details that did not fit neatly within the above described sections. The U.S. Legislature wrote down their ideas on how to manage the above issues, reflecting on past experiences and law-making, and created the INA Title II.

Title III: Naturalization and Citizenship. Title III, sections 301-361, deals with a very similar but distinct part of the process of moving into a country – nationality. Nationality is more than just moving into a new country or region. It is the status of belonging to a particular nation by origin, birth, or naturalization. Naturalization is the process of becoming a citizen of the U.S., rather than simply a permanent resident. Title III is divided into 4 Chapters in order to assist organization of the naturalization material. Chapter 1 details Nationality by Birth and by Collective Naturalization; Chapter 2 details Nationality through Naturalization; Chapter 3 details Loss of Nationality; and Chapter 4 details Miscellaneous provisions. Like Title II, Title III is a common-sense approach to citizenship, wherein a person can be born in a country, swear allegiance to and be accepted as a citizen of a country, and lose recognition of such belonging to a country.

Title IV – Refugees. Title IV, sections 401-414, is a brief piece on the resettlement of refugees. Title IV explores the Office of Refugee Resettlement, programs to assist refugees, and provision of appropriations for the same.

Title V – Removal. Title V, sections 501-507, is another brief piece on removal proceedings from the U.S. Title V details the establishment of the removal court, its hearing and appeals procedures, and the ultimate custody and release procedures thereafter.

As one can see, the INA is an attempt by U.S. lawmakers to provide a comprehensive grouping of laws that details most of the events, procedures, and problems that become at issue when people attempt to move in and out of a country. Becoming familiar with the general structure and core of the INA is a great way to start to familiarize yourself with immigration law in the U.S.

For more information on each step or help in preparing a nonimmigrant visa package, contact Miami International Attorneys, P.L. at abernhard@miamivisahelp.com or visit MIA’s website at www.miamivisahelp.com for visa help in the Miami area.

Good Luck!

-MIA

Miami International Attorneys, P.L.

The Steps to a Study Visa – a general checklist for nonimmigrant students


A view of the lake at the University of Miami

Any foreign student looking into studying in the U.S. has to start with a plan of attack. The college system in the U.S. is enormous and can seem daunting. The standardized test are different per field of study, and the quality of institution can vary greatly depending on location and funding. The U.S. is a large country and the community vibe also changes from town to town, state to state, region to region. And that’s all before the immigration labyrinth begins.

The U.S. provides three (3) major categories of nonimmigrant study visas, including the F, M and J Visas. Below is a simple checklist to help keep you on track as you navigate your way to a rewarding study experience in the U.S.:

The Steps to Studying in the USA:

  1. Choose a region and field of study;
  2. Choose a school;
  3. Ensure school is SEVIS Approved;
  4. Take admission tests;
  5. Collect Letters of Recommendation;
  6. Prepare a Statement of Purpose;
  7. Research and apply for financial aid;
  8. Determine loan options;
  9. Get accepted;
  10. Make sure your school registers you with SEVIS;
  11. Prepare the I-901 and approximately $200 SEVIS Fee;
  12. Get your I-901 SEVIS fee receipt and keep it;
  13. Collect all funds and prepare proof of liquid assets for entire stay (Tax returns for past 3 years [especially Form 16]; Bank records past 3 years; Fixed deposit statement from parent/sponsor; Pay check receipts and employment letter; Chartered accountant statements; Scholarship receipt letters)
  14. Prepare and have notarized the I-134 Affidavit of Support with your sponsor’s bank statements and tax returns;
  15. Collect all prior education documents, including diplomas, transcripts, test scores;
  16. Familiarize yourself with your consulate’s particular procedure;
  17. Prepare the DS-160 Form and submit it.

Stick to the steps, try not to get overwhelmed by the process, and soon you’ll be studying on the white sands of Miami Beach or drinking a cafe con leche over the books. For more information on each step or help in preparing the entire student nonimmigrant visa package, contact Miami International Attorneys, P.L. at abernhard@miamivisahelp.com or visit MIA’s website at www.miamivisahelp.com for visa help in the Miami area.

Miami at dusk from South Beach

Good Luck!

– MIA

Miami International Attorneys, P.L.

Q&A Post from Avvo.com – Temporary Protected Status (“TPS”) filing after initial period ends


PUBLIC’S QUESTION: I have Honduras TPS

Asked about 4 hours ago – Boynton Beach, FL
Practice area: Immigration – Edit

if i married a person with no status(no papers) this person can get tps too? if i married this person or not

ANSWER:

Hello,It appears that both the initial and re-registration periods have passed for Honduras TPS. However, it also generally appears that your acquaintance may still apply for TPS for the first time during an extension of his or her country’s TPS designation period, even if the initial registration period has closed. If he or she qualifies to file an initial TPS application late, it seems that he or she must still independently meet all the TPS eligibility requirements. You may wish to consult an attorney further on this issue.Moreover, it appears that at least one of the conditions below must have existed during the initial registration period for your acquaintance’s country or during any future initial registration period if his or her country was re-designated for TPS: 1) he or she was a nonimmigrant, was granted voluntary departure status, or any relief from removal; 2) he or she had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal; 3) he or she was a parolee or had a pending request for re-parole; or 4) he/she is a spouse or a child of an individual who is currently eligible for TPS.You may benefit from a more detailed analysis and the advice of an attorney regarding your acquaintance’s eligibility for TPS. Most immigration attorneyswill provide a consultation free or for a limited fee to discuss your case in more detail.Best of luck.Regards,
Miami International Attorneys, P.L.
abernhard@miamivisahelp.com
P.O. Box 191057
Miami Beach, FL 33119
Tel: 786-566-1969For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

Nonimmigrant Visas, from A to Z


Superman likely first visited the U.S. with an O Visa… aliens with extraordinary abilities

The U.S. Nonimmigrant Visa, with 23 main categories (only 4 of which are limited in number), there’s something for everyone. The ticker at the gate shows the same. Some 40,000,000 (40 million!) nonimmigrants come to the U.S. each year.

The letter appellation of each visa reflects the code section of federal legislation providing for the same. Google CFR (Code of Federal Regulations) 214 or INA (Immigration and Nationality Act) 101 to check it out.

Below is an alphabetical listing of the major visa categories:

A: career diplomats

B: temporary visitors for business and plaure

C: aliens in transit

D: crew members

E: treaty traders, investors, and temporary Australian workers

F: students

G: international organization representatives

H: temporary workers

I: foreign media representatives

J: exchange program visitors

K: fiancé(e)s or spouses (and their children) of U.S. citizens

L: intracompany transferees

M: students in non-academic institutions

N: parents and children of special immigrants

O: aliens with extraordinary abilities

P: entertainers and athletes

Q: cultural exchange program participants

R: religious workers

S: aliens coming to the U.S. to provide information for a criminal investigation

T: victims of human trafficking

TN: for NAFTA professionals

U: victims of domestic abuse or crime

V: spouses and children of permanent residents who filed an immigration petition more than 3 years ago.

IF you want more information, please contact your local Florida immigration lawyer at Miami International Attorneys, P.L. via email. Andrew John Bernhard, immigration lawyer Miami, is available at abernhard@miamivisahelp.com. Or go to the website at www.miamivisahelp.com.

Photo courtesy of http://www.watchingamerica.com/thenationpk000025.shtml.

For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

Q&A Post on Avvo.com – the Iraqi SIV – Special Immigrant Visa for family members


PUBLIC’S QUESTION: Can I bring my kids and ex wife to US?

Asked about 7 hours ago – Orlando, FL
Practice area: Immigration – Edit

Hi.
I am an Iraqi who was admitted to the US on special immigrant visa (SIV) with my current wife and kids.
My ex-wife and children are still in Iraq.
Is there a way for me to bring them to the US?
Thank you.

ANSWER:

Hello,There are a few ways to obtain an SIV (Special Immigrant Visa) as an Iraqi. There are SIVs for Iraqi and Afgan translators or interpreters, and there are SIVs for Iraqis who worked for or on behalf of the U.S. Government. The rules may vary depending on which basis you filed under when you were granted your SIV.Notwithstanding, according the the U.S. Department of State Bureau of Consular Affairs, regardless of your SIV basis, your spouse, as well as unmarried children younger than 21, may be granted SIVs, and may travel with you or may follow to join you after you have been admitted to the United States. Thus, at first blush, it appears that any of your children still in Iraq, if they are under 21and unmarried, may still be granted SIVs. The determination of your ex-wife’s capability to acquire an SIV may require separate consultation with an attorney.Although you are likely quite familiar with the process, please recall that to obtain an SIV, generally one should 1) obtain Chief of Mission or General’s Recommendation; 2) file a petition with the USCIS (e.g. Form I-360); and 3) submit forms and documents to the National Visa Center (e.g. fill out the SIV Biodata form for each family member).You may benefit from the advice of an attorney regarding any underlying issues with a subsequent SIV petition for your family members or visa options for your ex-wife. Most immigration attorneys will provide a consultation free or for a limited fee to discuss your case in more detail.

Best of luck.

Regards,
Miami International Attorneys, P.L.
www.miamivisahelp.com
P.O. Box 191057
Miami Beach, FL 33119
Tel: 786-566-1969

For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

Coming to the U.S. for your Wedding – the K1 Wedding Visa


What wedding cannot be done in 90 days?…

I have been to several weddings, none which lasted longer than the weekend. Of course, my sister’s June wedding was booked in January. So, the 90 day time frame of the Wedding Visa – the K-1 – should be plenty to have all of the festivities, but may not be enough to do a round of site inspections and book your favorite locale. Such is the insensitive nature of the USCIS. But don’t worry, the K-1 is no K2, and once you get married, you can apply for a green card, after which you may have all the time in the world to tour the U.S.’s greatest spots (including Miami, of course).

There are no annual limits on K-1 Visas, and so it has been said that there are no long waiting periods. However, as the K-1 Visa petition approval takes up to seven months, the trusty USCIS has made sure that your romance is no weekend in Vegas fling. Maybe that’s not the worst thing…

Moreover, after the petition has been approved, it may take up to another 5 months! for the consulate to issue your K-1 Visa. In LA, that would be plenty of time to annul and sell the rights for a book deal.

There are a few other things to think of before going all in on the K-1 Visa Wedding.  If you’re not yet married and might prefer to have the wedding back in your home country, you should check out the K-3 Visa. If you do go with the K-1, make sure that you get your green card paperwork done on the honeymoon, as the Wedding visa cannot be renewed (same thing usually goes for the Wedding itself, so plan accordingly). The U.S. Citizen petitioners must also disclose their criminal records, which eliminates the couple pictured above as K-1 candidates.

On the good side, any unmarried kids under age 21 that the lucky couple have can come with for the ceremony (on the K-2 Visa), and the traveling future-spouse may either stay in the U.S. and apply for the green card or return home. That’s why the K-1 cannot help but reinvent the destination wedding.

If it still sounds like it might be for your wedding, start with the petition form, I-129F, available on the USCIS website, then take a peek at your nonimmigrant visa application forms DS-156, DS-156K, the DS-230 Registration Form, and the I-134 financial wherewithal form. Don’t forget to set up a medical exam and get your vaccinations updated.

Good luck!

-MIA

For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

MIA Chosen Avvo Best Answer Twice in January, 2012


MIA’s immigration lawyer in Miami, has been selected as having provided the “Best Answer” twice in January, 2012, on Avvo.com’s public immigration forum. Avvo.com, Expert Advice When You Need It Most, is a preeminent public forum where people around Florida and the U.S. are able to ask attorneys for legal advice. Attorneys from around the country provide their expert legal opinions, and then the questioner rates the attorneys’ answers provided. Last month, January, 2012, MIA’s immigration lawyer was selected as having provided the “Best Answer” among all responding attorneys.

See more by searching for MIA on avvo.com, or by going to http://www.miamivisahelp.com.

Avvo.com – expert legal advice when you need it most

Need a change of pace at the job? Apply for an L-1 Visa as an intracompany transferee and get a great change working temporarily in the U.S.


The intracompany transferee…. is this you? Great news, the L-1 has no cap on acceptance. Moreover, the company that you work for does not have to be a U.S. company, nor does it have to be a foreign company for that matter; it can be either. Finally, multinational corporation can use the blanket L-1 to apply for several people, and workers can stay up to 3 years, with 2 year extensions up to 7 years thereafter. Bring your spouse and kids as well!

So first, does your company qualify? Does your company have an office in the U.S.? In general, a subsidiary is a company, corporation or other legal entity of which a parent owns a certain percentage of the entity and has equal or more than equal control of the entity. L-1 Visas may also be obtained for start-ups and branches in the U.S.

Second, do you qualify? You must have served in a managerial or executive capacity or have specialized knowledge necessary to the U.S. business, have been working at your the an office outside of the U.S. for one continuous year, be transferring to the U.S. company at a similar level.

Third, is the U.S. office qualified? Even if your foreign company is starting up business in the U.S., you may need to show that the company has secured a business office space in the U.S. and that such office will support your executive position within a year.

Finally, review the I-129 form and familiarize yourself with its requirements. At some 35 pages with nearly the same in instructions, and dreaded blanks like the explanation pages, you may wish to discuss your L-1 application with an immigration lawyer, whether you are the employer or the employee. For more information, please email Andrew John Bernhard, Esq., or go to our website at http://www.miamivisahelp.com and send Andrew John Bernhard, Esq. an email. Good luck!

For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

Visas – Info on Each Visa Available

Andrew John Bernhard, Esq.

Welcome to MiamiVisaHelp.com’s Blog!

Welcome to MiamiVisaHelp.com’s law blog … discussing everything visa from the perspective of those that have a need, desire, or tendency to move from country to country for the purpose of work, survival, education, living, play, and everything in between. Please feel free to send Andrew John Bernhard, Esq. a message! We are always trying to enhance your experience, and help all of us movers, migrators, immigrants, ex-pats and travelers have an easier, happier, and more satisfying experience in the often confusing world of U.S. Immigration. Please feel free to visit our friends at USImmigrationMiami.wordpress.com and TheMitochondrialMigrator.wordpress.com to see more from similar minded people like yourself! Most of all…ENJOY! - Andrew John Bernhard, Esq.

Miami Visa Help by Miami International Attorneys focused on immigration law in Miami and South Florida, discussing visas, citizenship, green cards, and immigration law news