Posts Tagged ‘Immigration Lawyer in NY’

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Immigration in New York

August 1, 2012

Immigration is a priority for millions of people around the world who wish to improve the quality of their life. Some immigrants are attempting to escape war, oppression and poverty, while others simply desire to start a new life in a new place. Immigration occurs legally and illegally all over the world. Illegal Immigration is essentially defined as entering a country without authorization. Entering the United States illegally is a crime and may lead to prison time or deportation.

Legal Methods of Entry

There are different ways to legally immigrate to the United States of America depending upon your specific situation. Those specifics include your country of origin, the reasons you wish to immigrate, your background, and your ability to be independent. Legal Immigration into the United States is not an easy process and requires a good deal of time, effort, and patience.

Some of the ways to acquire legal residency in the US include the act of obtaining a Visa. A Visa is an endorsement on a passport indicating that the holder is allowed to enter, leave, or stay for a specified period of time in a country.

Family-Based Visa: A Family based Visa is an Immigrant Visa that is reserved for foreign relatives of current legal US citizens and Lawful Permanent Residents.

K-1 Visa (Fiance Visa): A Visa that is typically issued to the fiance/fiancee of a United States citizen. This kind of Visa also requires a certificate of marriage between the immigrant and the U.S. citizen.

O-1 Visa: A Visa available to foreign nationals who have extraordinary ability in science, art, education, business, or athletics that has been demonstrated via international acclaim and recognized in the field through extensive documentation.

If you need help with Immigration in New York, contact NY Immigration Attorney Susan B. Henner at (914)358-5200 for a free consultation or more information.

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DHS to offer deferred action to DREAMers

June 15, 2012

DHS will formally announce this morning that it will offer deferred action to DREAMers.
Preliminary information indicates that eligible applicants must:

  • Be 15-30 years old, and have entered before age 16
  • Have been present in the U.S. for 5 years as of June 15, 2012
  • Have maintained continuous residence
  • Have not been convicted of one serious crime or multiple minor crimes
  • Be currently enrolled in high school, graduated or have a GED, or have enlisted in the military

The deferred action offer will be available to those in proceedings as well as to those who apply affirmatively.
The White House is expected to make a formal announcement this afternoon at 1:15 EST.
AILA will provide further details today.

If you need assistance with an Immigration matter in NY, contact Susan B. Henner at (914) 358-5200 now for a free consultation and more information.

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Obtaining citizenship through PERM

June 6, 2012

The PERM (Program Electronic Review Management) is a process designed to assist immigrants in obtaining an employment-based immigrant visa (“green card”) through their employment and is sometimes referred to as PERM labor certification. The PERM process began on March 28, 2005, replacing the previous paper system know as Reduction in Recruitment (RIR).

Labor Certification

Acquiring labor certification is the first stage for most employment-based green cards and is a requirement for all applicants under category employment-based preference 2 and 3 (EB2 and EB3). Labor Certification is essentially designed to help an employer test the labor market in order to ensure that all willing and able residential U.S. workers are filling all open positions for which Labor Certification is being sought. Once a PERM petition is approved, the next step for an employer is to file the immigrant petition on behalf of the foreign worker, allowing employment on a permanent basis.

What is required

The following requirements must be met in order to file the PERM Petition:

-All applications must be filed on or after March 28, 2005 and while adhering to the new PERM process and regulations.

-The employment opportunity must be a permanent, full time position.

-An official recruitment must be conducted for willing and able U.S. workers.

-Job requirements must be designated for customarily U.S. occupations, and not a foreign worker’s qualifications.

-Employers must meet the minimum wage in the area of intended employment.

-Employers must prove legitimacy.

If you are applying for a Fiance Visa

Any facet of the immigration process can be very complicated. If you or a loved one in, or outside of the United States is attempting to obtain PERM citizenship, contact NY Immigration Attorney Susan B. Henner at 1-888-733-0141 for professional assistance.

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Anti-Immigration Law Blocked by Appeals Court in Alabama

March 23, 2012

If you need help with an Immigration Law issue, contact NY Immigration Attorney Susan B. Henner now at (914) 358-5200 for more information.

Victory! Appeals Court Blocks Additional Provisions of H.B. 56, Alabama’s Anti-Immigrant Law
Posted by Cecillia Wang, Immigrants’ Rights Project

A federal appeals court issued an order Thursday blocking two draconian provisions of Alabama’s immigration law, H.B. 56. The order brings immediate relief to the countless Alabamians who have suffered under these provisions, which were intended "to attack every aspect" of their lives and to expel them from the state.

The court’s order first restored the right of Alabamians to enter into contracts without fear. Section 27 of H.B. 56 would effectively void any contract where one party knows or has reason to know that another party to the contract is an undocumented immigrant. Under this measure, such contracts would be unenforceable in Alabama state courts.

The Alabama law takes aim at immigrants but affects all Alabamians by destabilizing contract law, a basic building block of our civil liberties as Americans. Even U.S citizens, as well as immigrants with and without lawful status, would be viewed with suspicion and denied the right to rent a home, or to lease a car or buy a new dining table on an installment plan. If you speak English with an accent, or you somehow seem "foreign" to a landlord or a salesman, Alabama’s law would make it impossible for you to do your everyday business and to keep a roof over your family’s head. Section 27 would turn neighbor against neighbor, forcing Alabamians to view each other with suspicion based on stereotypes.

The Court also blocked Section 30 of H.B. 56, which makes it a felony for an undocumented immigrant to enter into "any transaction" with the state government. We’ve already seen the human rights crisis caused by this law. Families who tried to pay for life necessities like water and electricity were turned away by state-run utilities. Alabamians were forced to show proof of their citizenship or immigration status when paying their property taxes. And so entire neighborhoods emptied overnight as families abandoned their homes and fled with only the belongings they could carry with them. This measure worked just as the state legislature intended – it literally made it impossible for people to live in Alabama.

The federal court ruling does not only restore the civil rights of Alabamians. It also puts things back into a constitutional order. As Americans, we have the right to disagree with one another in good faith about immigration policy. But one thing is for sure, as yesterday court order demonstrates: State laws that authorize discrimination and systematic violations of the U.S. Constitution cannot stand.

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Obtaining a Green Card

March 9, 2012

A green card is essential for all immigrants who wish to reside in the United States legally and permanently. Though there are a few exceptions, within five years of obtaining your green card you will be able to apply for citizenship.

Any immigrant that legally marries a U.S. citizen will be eligible to apply for citizenship after only three years. There are also many benefits for military personnel that wish to be granted the opportunity to become permanent residents as well.

There are many benefits that come with acquiring a green card, including the legal right to not only live in the United States, but also the right to work, or start a business. The process of getting a green card can be hampered if you have a criminal past, or if you have entered the United States illegally; but not impossible.

Working with a competent immigration attorney will make the process of completing the necessary steps much easier. You may also dramatically improve your chances if you fall into any of the following 7 categories:

•You have been found eligible for Asylum or Refugee status.

•You have invested a considerable amount of currency to the United States.

•Your employer has sponsored you by providing labor certification.

•You are considered an alien of extraordinary ability and are capable of petitioning for yourself.

•A close family member of substantial status sponsors you.

•You have resided in the United States for more than ten years, and have demonstrated that you are a person of good moral character.

•You are facing deportation that may result in extreme or unusual hardship such as physical harm to your person.

If you are currently an immigrant residing in the New York area who needs Immigration assistance, or if you or someone you know is facing the possibility of deportation, please contact Immigration Attorney Susan B. Henner now at 914-358-5200 for a free consultation.

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Are you an Immigrant with Extraordinary ability?

March 7, 2012

Did you know that the United States offers the opportunity to attain specialized visas to those who are considered Aliens Of Extraordinary Ability? An Alien Of Extraordinary Ability is someone the United States deems valuable, or a worthy candidate to be an asset to the US. One way in which this occurs is via O Visas.

O Visas may be granted to scientists, educators, artists, athletes, and business professionals, allowing them to come to the U.S. temporarily if a U.S. employer vouches for them in the form of a petition. The O visa also allows aliens of extraordinary ability to live in the U.S. and work in their field of expertise for a specific amount of time, after which point the alien of extraordinary ability may renew, or request permission to become a permanent resident of the United States.

What qualifications are helpful in acquiring an O Visa?

Non-United States citizens may be considered outstanding if they achieved internationally recognized awards such as the Nobel Prize, or specialized training in rare or difficult fields of study. They may be asked to provide documentation that validates any claimed abilities or qualifications. Sometimes O visas may be granted for members of exclusive scholarly associations known for contributing to society academically.

Another Visa that may be granted to Aliens of Outstanding ability is the O1B Visa, which is granted to artists such as performers, painters, musicians, actors, film makers and writers. If you are an immigrant in or outside of the United States and want to know if you qualify for an Alien of extraordinary ability Visa, please contact Immigration Attorney Susan B. Henner now at 914-358-5200 for a free consultation.

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National Security and Immigration Reform

February 15, 2012

With all of the discussion about national security, new state level immigration legislation is actually making it easier, not harder, for violent criminals to penetrate the U.S. borders.

If you need help with an Immigration matter in NY, contact Susan B. Henner now at 914-358-5200 or by email at Susan@sbhenner.com

“Immigration and National Security: The Illusion of Safety Through Local Law Enforcement Action”

Abstract:
Despite efforts to reform immigration law in the 1980s and the 1990s, the new laws passed in those decades by the Congress did not solve the long-term problems raised by undocumented people entering the United States. The issue arose anew after the terrorist attacks of September, 2001. While the advocates for immigration crackdowns in the 1980s and 1990s had cast the issue as one of economics and cultural transformation, immigration opponents after 9/11 painted a different picture: illegal immigration, they said, was a national security issue. If poor farmers from Mexico and Central America could sneak into the U.S. across the southwestern border, so could potential terrorists. This “re-branding” of illegal immigration gained significant traction on the national level, but resulted in no federal legislation. The immigration debate has now moved to the state level, with the focus on state laws such as Arizona’s SB 1070. These state laws have brought about something long sought by immigration opponents that they failed to attain in the national debates: local and state law enforcement agencies are now obligated to question people they stop about immigration status. While national security has not been the primary motivation of state lawmakers, the ironic result of these state laws will be a decrease in security against terrorists who might try to penetrate the land borders of the U.S.