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Over 15,000 Readers Across 140 Countries – Miami Visa Help Blog Thanks You, Readers


Miami Visa Help by Miami International Attorneys has just reached over 15,000 views by readers in 140 countries. We thank our interested readership on this niche topic and are glad to continue providing free legal information to those who need it.

If you have any issues that you wish addressed, please contact Miami International Attorneys, P.L., at abernhard@miapl.com, 786-566-1969, www.miapl.com.

Miami International Attorneys, P.L.

Miami International Attorneys, P.L.

President Obama and Former Governor Romney Clash on Immigration Reform During Debate


During the presidential debate last night, former governor and Republican candidate Mitt Romney battled with President Barack Obama on Obama’s current immigration policy and any plans Mr. Romney may have for the future.

Immigration

Immigration (Photo credit: lcars)

President Obama was particularly harsh on Romney regarding Romney’s professed position on

Mitt Romney in 2007 in Washington, DC at the V...

Mitt Romney in 2007 in Washington, DC at the Values Voters conference (Photo credit: Wikipedia)

immigration. Romney had originally taken a very hardline against immigration, criticizing President Obama’s reprieves for immigrant families. During the debate last night, Romney attempted to soften his line. Yet, Romney still promised reform of current immigration laws, if Romney is elected. In fact, Romney promised swift action against immigration: “I’ll get it done. First year,” Romney said.

Romney also supported a theory of self-deportation, which involves immigration laws so harsh that aliens will voluntarily leave rather than face the punishment. Romney stated that “self-deportation says let people make their own choice. What I was saying is, we’re not going to round up 12 million people, undocumented illegals, and take them out of the nation. Instead, let people make their own choice.” Perhaps it was an unfortunate use of the word “round up,” but Romney stood his ground.

Official photographic portrait of US President...

Official photographic portrait of US President Barack Obama (born 4 August 1961; assumed office 20 January 2009) (Photo credit: Wikipedia)

President Obama, taking the opposite side of immigration reform, stated that he supports citizenship for undocumented immigrants. Romney admitted that he does not support a pathway to citizenship for undocumented immigrants.

President Obama, a supporter of the DREAM Act, which promotes a pathway to citizenship for children brought into the U.S. at a young age, pointed out that Romney would veto the DREAM Act.

Romney also supported an Arizona law that required employers to use electronic federal verification to verify all of their workers. Kris Kobach, Romney’s key immigration adviser, is actually one of the authors of Arizona’s recent tough immigration laws.

How each candidate will pan out with immigrant and former alien voters will be seen soon enough.
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.

MIA

Miami International Attorneys, P.L.

Instability Continues in The Middle East Following Uprisings from Libya to Syria


Greater Middle East

Greater Middle East (Photo credit: Wikipedia)

Cairo’s streets, once safe, are now plagued by crime, reports Kimberly Adams from NPR’s morning edition. Rebels employ guerilla tactics of attack and retreat while striving to hold Aleppo, reports an Economist correspondent from Idleb. In a hesitant spot of light, Libya’s elections cautiously proceeded a year after the overthrow of Muammar Qaddafi. However, Reuters cautioned, “getting a grip on security in an often anarchic post-Gaddafi Libya will be the priority for the country’s new ruling assembly when it starts life on Wednesday, the deputy prime minister says.”

Need we mention the days of outrageous horror in hotspots such as Iraq? Remember the bloody Monday of July 23rd, where at least 107 people were killed in bomb and gun attacks, which came on the heels of a bloody Sunday in which 20 died in coordinated explosions. Here, there, everywhere in the Middle East, insiders and outsiders claim that the intensifying conflicts and violence point out the deficiencies in the local security forces.

And here we sit, worlds apart, eyeing the Middle East over the horizon, curling out gaze over the ports of Nassau and Abaco, skipping off of the reports of worsening security in the North of Nigeria, and bouncing right from the July images of riot police using water cannons to quell clashes with police officers marching to demand government benefits (Note: no pun intended in this a security problem).

A young girl gestures during an anti-Assad pro...

A young girl gestures during an anti-Assad protest in the town of Binnish, April 9, 2012 in Syria. The violence in northern Syria between government forces and rebels is putting plans for a UN-brokered Syria ceasefire in jeopardy. (John Cantlie/Getty Imag (Photo credit: FreedomHouse)

As though man-made violence were not cause enough for the destruction, the earth shook Iran’s northeastern region with two ferocious back-to-back earthquakes, allegedly killing over 300, destroying over 300 villages, and injuring some 3,000.

Let there be no reprieve from the seemingly stable countries in the Middle East area. Reports continue to trickle down of terror groups operating in Syria funded and trained by Saudi Arabia, Qatar, and Turkey.

The meaning of this madness? Keep your eyes peeled for more USCIS designations of TPS (Temporary Protected Status) from the Middle East region. New inductees include Sudan and South Sudan. Recall that the United Nations peacekeeping mission in South Sudan recently reported (from the safety of Nairobi, Kenya) that inter-communal violence in the Jonglei state has been perpetuated and is intensifying, due to the proliferation of weapons and hate speech.

South Sudan: Independence

South Sudan: Independence (Photo credit: babasteve)

Miami International Attorneys will continue to report on TPS designations and the situation in the Middle East. For those South Sudanese who are seeking TPS, be aware of the following from the USCIS:

If you are a current Sudan TPS beneficiary and are now filing under South Sudan because of your changed nationality, you do not need to pay the TPS application fee, but you must still pay the biometrics and EAD fees. There is also an automatic EAD (Employment Authorization Document) extension, if you received a Sudan EAD and want a new EAD under your South Sudan designation. The USCIS has automatically extended the validity of EADs issued under the last extension of TPS Sudan for an additional 6 months.

Your local immigration lawyer should be able to assist you in your TPS filings and provide information relating to TPS designations.

Best of luck!

Miami International Attorneys, P.L.

Miami International Attorneys, P.L.

TPS seekers beware of out-of-status before and after TPS


Hello TPS seekers,

MIA has been getting requests for information regarding the expiration of current status before the approval of TPS. Please be aware that TPS is like a limited asylum. Once TPS ends, a person should return to the immigration status that he or she held prior to being granted TPS. Before TPS begins, one should have another immigration status to cover your time in the U.S. If you become out-of-status before being granted TPS, you may return to out-of-status upon expiration of TPS.For those planning on returning to your home country as soon as the peril has subsided, this may not be a problem. For those of you planning on seeking a longer stay in the U.S., please beware.

License plate of Syria Français : Plaque d'imm...

License plate of Syria Français : Plaque d’immatriculation de Syrie (Photo credit: Wikipedia)

Recall, however, that one may apply for another immigration benefit while registered for TPS. TPS does not appear to prevent you from applying for nonimmigrant status, filing an adjustment of status application, or applying for any other immigration benefit or protection. Notwithstanding, if you fall out of status before being granted TPS, you may be ineligible to adjust status.

For these reasons, we highly recommend that you investigate your options for other nonimmigrant and immigrant visas or applications that may cover your time before and after TPS status.

Most immigration attorneys will provide an initial consultation for free or at a nominal cost. Please contact MIA if you have any questions.

Best of luck.
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.

MIA immigration lawyer Miami

Miami International Attorneys, P.L.

Potential TPS Petitioners Take Precaution – considerations on letting your visa lapse


Potential TPS Petitioners Take Precaution! Before you let your status lapse, consider the options, the financial stresses, and the immigration risks.

We have recently been fielding questions regarding TPS filings and the effect of a TPS application on an alien’s current immigration status. Predominantly, these questions have involved individuals with nonimmigrant visas determining whether to renew their nonimmigrant status or risk lapse during an application for TPS.

Those seeking TPS should first note that a decision either granting or denying your TPS status may take 3 months or more. Thus, if your status is set to expire within the next 6 months, it may be worthwhile to renew rather than risk it.

Please also note that the USCIS states that where an alien has periods of time without lawful immigration status before or after being granted TPS, those periods of out-of-status or unlawful presence may adversely affect the alien’s ability to adjust to permanent status or attain other immigration benefits, depending on the circumstances of each specific case. Although the alien may petition for a waiver of inadmissibility (where based on unlawful presence), this is no safe bet. Moreover, there does not appear to be an express provision tolling the expiration of your current nonimmigrant status during your TPS application. What on-point equitable tolling there does appear to be, it seems to be dependent on a successful TPS application, a determination of prima facie eligibility, or government error.

If you still feel determined to risk living out-of-status, you may wish to research your options under INA Section 245i and 245k, cancellation of removal, or asylum. You may have other options if you are an immediate relative of a U.S. Citizen. If you get into a bind (e.g. removal proceedings), you may also wish to research rules on equitable tolling of removal. But these efforts may be difficult routes to pursue.

Although having to renew your nonimmigrant status may be costly financially, consider the benefits: you may still file for other immigration benefits during TPS, including non-immigrant petitions, adjustment of status, asylum, or otherwise. TPS is considered lawful nonimmigrant status during its pendency, and thus does not affect other applications.

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

Best of luck!
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.

Department of Homeland Security lowers the bar for Syrian F-1 Nonimmigrant students.


Not a bad move by the DHS. As the international community cracks down on the currently seated Syrian government, the ripple effects of nonmilitary sanctions have hit the pocketbooks of the Syrian people. Many of those affected include the families of F-1 nonimmigrant students now living and studying in the U.S. With funds cut short from home, many of these Syrian students are having difficulty paying their rent and eating, much less paying for textbooks. The DHS has taken some action to relieve the financial crunch.

Recently, the Dept. of Homeland Security Secretary announced that the DHS has suspended some of the regulatory requirements for Syrian F-1 nonimmigrant students. In particular, the announcement appears to be the result of severe economic hardship experienced by Syrians as a result of the civil unrest in their country.

The slackening of requirements is aimed at helping Syrian F-1 nonimmigrant students to pursue employment authorization, work increased hours while in school in the U.S., and reduce course load while maintaining F-1 status.

For example, Syrian F-1 nonimmigrant students may be qualified as taking a full course of study despite only satisfying a minimum course load requirement, provided that such students are working instead.

To review the legal foundation of the DHS decision, you should check out 8 CFR 214.2(f)(6)(i)(F) or visit the ICE website.

If you are a Syrian F-1 student and want to apply for the above program, please make sure that you are presently enrolled in a SEVP certified school; that your F-1 status is current; and put together some paperwork that may indicate the economic hardship you are facing due to the civil unrest back home.

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

Best of luck!
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.

TPS Designation for Syria Announced – Procedure for Application


USCIS announces that TPS has been designated for the Syrian Arab Republic

Rebels in Idlib, Syria, courtesy of telegraph.co.uk

The uprising against President Bashar Assad has reached its year-long duration. Until now, it appeared that Assad’s opposition was unable to provide a unified response to the President’s persistence, particularly within the strongholds of Damascus and Aleppo. Meanwhile, hundreds have been slaughtered in less urban provinces, not to mention the crushing force used against uprisings in Homs. Some 8,000 civilians are estimated dead-in-conflict thus far. What’s more, Human Rights Watch has documented numerous instances of torture and execution.

Yet, slowly but surely, the international community is reacting. Russia voiced its agreement with other members of the Security Council that humanitarian aid must be leant to Syrian victims. In a recent development, Janet Napolitano announced her intention to designate Syria for protected status for an approximate eighteen months. And today, the USCIS has issued a statement that Syrian nationals in the U.S. may begin the application process for Temporary Protected Status. The TPS status should remain in effect until September 30, 2013.

In other words, the new TPS designation means that Syrian nationals presently in the U.S. will not be removed from the U.S. and forced to return to the lethal environment of their war-torn country. Moreover, Syrian nationals may request employment authorization.

If you are a Syrian national presently within the U.S., please take note of today’s date, the application deadlines, and the short window of time to take action. It seems that the USCIS may only accept applications through September 25, 2012. Also, be prepared for a thorough security check upon application, in particular regarding criminal history or potential threat to national security.

To apply, compile the TPS petition package with signed forms, evidence, and correct filing fees (unless your request a fee waiver). The petition forms are Form I-821 (Application for Temporary Protected Status) and Form I-765 (Application for Employment Authorization), and may also include the Form I-601 (Application for Waiver of Grounds for Inadmissibility) if you believe that you are subject to inadmissibility but should be relieved for humanitarian purposes, family unity issues, or for the public interest. Evidence required with the petition package includes your identity and nationality documents, date of entry document, and evidence that you have been continuously residing in the U.S. up to March 29, 2012. The filing fees range from $50-$515.

We hope this latest announcement is a welcome reprieve for those Syrians presently within the U.S. who faced the peril of an immediate return to the more dangerous areas of the country.
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 – 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.

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.

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