Wednesday, August 31, 2011

What Is the Diversity Immigrant Visa?

Anyone who comes to the United States with the intention of remaining for an extended period of time should arrive carrying a visa. That way, the government can keep track of all the men and women who have made some region of the U.S. their temporary home. Yet in the past, that regulation has managed to limit the number of immigrants with visas from certain countries.

The Diversity Immigrant Visa represents an effort to diversify the ethnic background of those who come to America’s shores. Those who obtain such a document have become winners in the annual Diversity Visa Lottery, also called the Green Card Lottery. The State Department uses a computer generated drawing, when selecting those winners.

The winner of that lottery can have a continued presence in the United States. He or she can work in any government, public or private job available. He or she can enjoy the advantages linked to health, retirement, social security and other benefits. At the same time, that lottery-winner is expected to pay any required taxes.

Later, the same male or female visa-holder can apply for citizenship. Then, once he or she has become a citizen, the same person could decide to contact an immigration lawyer. An immigration attorney that is present on this website, could help him or her to file petitions for further visas.

While the winner of a DV visa can bring his or her immediate family members, that does not include relatives such as aunts, uncles and cousins. By contacting an immigration law firm, a green card holder can learn how to gain visa-status for a larger circle of relatives. The immigration lawyers in the firm can offer advice on completing the forms that must be submitted, in order to obtain a more traditional visa.

A winner of this Green Card Lottery must have at least a high school education, or two years of working in an occupation that demands two years of training. Rather than an obstacle, that requirement really gives the immigrant a useful stepping stone. It ensures the immigrant’s possession of a skill set, the sort of thing that can help him or her to find a job.

In addition, that skill set can help a man or woman start a business. If he or she does decide to become a business owner, then again, that man or woman might find it necessary to contact one of the many immigration attorneys. That way, he or she could learn how to get papers for a relative, and thus have that family member working as an employee of his or her business.

Of course an employment visa does not give someone the benefits enjoyed by a permanent residence. That visa-holder must be sure to complete all the necessary documents, in order to have a chance for getting a Green Card. Sometimes an immigrant finds it necessary to seek legal assistance, while traveling that path to residency status. Guided by such legal help, he or she stands a better chance for gaining the right to enjoy a continued presence within the United States.

Legal Help to Avoid Deportation

Many people find that immigrating to the US or Canada offers opportunities that were not available in their homeland.   There are options for academic, financial and community involvement that might not have been offered in the old country.  For many, the move to a new country will involve securing an immigration lawyer to ensure that the newly found ways of life are note ended tragically through deportation.  Moving to a new country is not guarantee that you can live the rest of your life there, but immigration lawyers can help persons to understand the necessary steps to maintain the status as well as the best method of obtaining a Third Country National Visa.

Definition of a Third Country National Visa.

The third country visa is obtained through a recognized consulate allowing the holder to enter countries that are not of the holder's national origin.  Once the third country visa has been validated by either the US or Canadian consulate, the party has the freedom to pass through the endorsing country.  The application process is usually straightforward and the applicant will need the following documents:


Application
Passport
Passport photo
Records of arrival and departure since last entrance into US
Valid legal status proof since last entry into US
Country of origin connection proof

Persons that ignore the requirements for these forms can be at risk of deportation.  In addition, the applicant must pay fees and supply approval notice of the desired status of the visa.  In addition, male applicants between 16 and 45 needs to supply a supplemental application for non-immigrant visa.

All of the forms must be correctly completed, and avoiding these requirements may eventually put you at risk for deportation. Other requirements include paying a fee for the visa application and in some cases notice of approval for your desired visa status. Visa applicants who are men between the ages of 16 and 45must submit another required form, namely:

Defining Deportation
Deportation is the legal removal of a person who does not hold citizenship in the country.  Countries can deport immigrants for any number of reasons.  Help from the staff of an immigration law firm is often helpful in preventing deportation.

The process of deportation generally starts in the US Department of Homeland Security.  The visitor is given notice to appear at a court.  A judge must rule a person as ineligible to remain in the country.  Receipt of a notice is not an automatic deportation, and hiring immigration attorneys like the one from this website that are competent in their field may help in the process of working through the claim.   The good immigration lawyer helps applicants to avoid removal from the country.  The same advice is applicable to Canadian immigration as well.  The law office is able to help to avoid legal deportation.

Who can Make a Refugee Claim in Canada?

Canada will allow anyone who is not a Canadian citizen to make a refugee claim.  The claim can be filed at any Canadian port of entry, the Border Services Agency or at a Canada Immigration Center.  An officer will interview the person and if the claim is determined as eligible it is sent to the Refugee Protection Division.

The burden of proof lies with the refugee.  The claimant has to show that he or she is eligible for protection.  According to Canadian law, the person is ineligible under the following circumstances:

? Claimant already granted protection as refugee in any country
? Claimant previously denied Canadian refugee protection
? Claimant entered Canada through a safe third country that would have allowed claim for refugee protection
? Claimant is a security risk, known to violate human rights, committed serious crimes, or member of organized crime group.

Claims determined as ineligible will be offered a hearing.  A packet of information, including a Personal Information Form will be given to the claimant.  This form must be completed and received back at the immigration office within 28 days.

Persons facing a hearing may want to consult with an immigration lawyer.  The immigration attorney has experience and training in dealing with the immigration services and helping persons to complete the necessary paperwork.

In completing the Personal Information Form, there are some vital things to remember.

The form must be completed and returned on time.  Be sure to allow timer for the delivery of the form to the CBSA.
A Personal information form must be completed for each person, including children under 18, even though parts of the form may not apply to children younger than 6.
The parent signing the PIF is normally designated as a child's representative and has responsibility to make decisions on behalf of the child.
Children traveling alone may have a representative designated by the IRB.  The representative must sign the completed Personal Information Form.
Forms may be completed in either French or English.  An immigration law firm may have a translator on staff that can help to ensure that the information is both clear and accurate.  
The whole story must be told with no details left out.  Complete each blank on the form.  If a question is not applicable, write N/A in the blank.
Claimants are responsible for the information in the Personal Information Form.  If immigration lawyers have completed the form, the person making the claim must ensure the information is correct and true before signing.

Once the form is received, it is reviewed to determine if a hearing is necessary or not.  In some cases, the determination to allow immigration is made without a hearing at all.  If more information is needed or the case is less clear cut, the applicant may qualify for an expedited hearing or may need to face a full hearing.   Even if a full hearing is held and it is determined that the applicant is not eligible for immigration into Canada, the decision can be appealed for another hearing.

This website does have experienced immigration attorneys that can help clients through every step of the process to become a Canadian citizen through the refugee process. While the process is involved at times, the results of living without the danger and persecution are often worth the effort.

All You Need to Know About the TCN Visa and Eligibility Criteria

 Applicants for immigrant visas in the United States and Canada are often faced with much confusion regarding the laws and criteria concerned. Many will seek the help of an immigration attorney to avoid making mistakes. We make an attempt to accurately answer some of the most frequently asked questions.

What is the Third Country National visa?
This visa is one that has been received from the US consulate while in a nation that is not the individual’s native country/home nation.

Eligibility Criteria for the TCN Visa

In order to determine whether or not an individual is eligible to be awarded this Third Country National visa, the following criteria is used:

- He or she is a national of a foreign country that has never been without the status while in the United States.
- He or she has not been in US for a period that is longer than that which has been authorized by his/her Immigrations Officer at the time of entry into the USA under any category of visa.

What Documents Are Necessary for the TCN application for a visa?

You will need to have the following documents on hand (original) when applying for your Third Country visa:

-Passport (Valid)
-Current Passport Photo of Self
-Fee for the Visa Application
-Proof for Relations to Native Country
-Documentary proof of legitimate legal standing since last entry into the United States
-Notice of approval for the sought after visa status (in the case that USCIS approval is needed)
-Filled in Non-Immigrant Application for Visa (DS-156 Form)
-Filled-in Supplemental Non-Immigrant Application for Visa (DS-157 Form) – needed for male applicants aged 16-45 indiscriminate of nationality.
-All previously issued I-94 (Records of arrival and departure) that has been received since last time the individual entered into the United States.

Which is Easier – Applying from US Consulates located within the applicant’s native country or applying in the form of a TCN demanding visa?

It is a unanimous conclusion that the individual faces a greater likelihood of encountering difficulty at interview time if the application for US visa is made from outside the individual’s native homeland. Visas will be denied at posts along the borders by consular officers if they are led to believe that indications of a fraud are present. Furthermore, their gap in knowledge regarding the local situation as well as familiarity concerning documents of the home nation may prevent proper adjudication of said case.

Get in Touch with Immigration Attorneys
For a clear and concise picture of the complications involved in applying for a TCN visa, your best hope would be to speak with immigration lawyers that are qualified and experienced in assisting clients with the Canadian immigrations process. You may consider hiring an immigration law firm from here for the consultation too. Your immigration lawyer will be able to guide you most accurately for the particular situation you may be in. Every case is, after all, different. Tailored attention is always the most likely to yield best results.

Wednesday, August 17, 2011

Details About F Visas and Eligibility Criteria

The F visas are a cluster of visas referred to as non-immigrant student visas, meaning that they are intended for individuals looking to study in the United States and return to their home countries after completing their education programs. The F visas offer different opportunities to those who qualify for them, as you will see below.

Types of F VisasThere are 3 main kinds of F visas, these are:
F-1, F-2, and F-3 visas. Each of these has different eligibility requirements and different privileges. Most of the time, applying for the F cluster of visas is straightforward, but in case of any problems, it is best to consult an immigration attorney for legal advice.

F-1 Visa
The F-1 visa is ideal for academic and language students who want to study in the U.S. The first requirement to qualify for this visa is to be accepted in a recognized US university as a full time student. It is also suitable for college, high school, private elementary school, seminary, conservatory and language institutions in the U.S., as long as the institution is accredited and recognized in the States.

F-2 Visa
The F-2 visa is dependent on the F-1 and is suitable for the family members of a student learning in the U.S. who already has the F-1 visa. This means that if you are the student in a U.S. institution, you can invite your spouse or child to stay with you via the F-2 visa. However, to qualify for this, you must produce proof of marriage and any children should be unmarried and below 21 years old.

F-3 Visa
The F-3 visa is also known as the border commuter visa, and is the ideal solution if you have to, or choose to, commute from one country to the U.S. for your studies. The countries that allow for this visa include Canada, Mexico, Bermuda and Bahamian nations, since the students from these countries may opt to commute to their classes in the U.S. institutions.

Other Requirements for F VisasAs mentioned above, the common denominator in all F category visas is the acceptance to a recognized academic or language institution in the U.S. Another important requirement is proof of financial capability, particularly a strong bank statement. This is required regardless of whether you are a self-sponsored student or in a scholarship program.  An
immigration lawyer would be able to assist you to prepare the relevant documents.

You will also be required to provide proof of citizenship and show no intention of fleeing your home country for the U.S. while on your studies. This is part of the reason why many financial aid providers make it mandatory for beneficiaries to return home.
F Visa Restrictions
The F class visas are essentially student visas and this means that holders are not allowed to work in the U.S. while in school. You could seek out the assistance of immigration lawyers in an international immigration law firm to assist you with this matter. On the other hand, there are no travel restrictions for the F visas, meaning that you can travel in and out of the US, for example during holidays to visit you home country.

As this website says, the best way to get any of the F visas is via an experienced immigration attorney. Immigration attorneys usually assist their clients to navigate through the complicated legal issues that might arise when applying for a US visa.

Tuesday, August 16, 2011

Canadian Immigration: The Criteria for Applying as a Skilled Worker

For someone to understand the process of applying for Canadian immigration better, it is prudent to hire an immigration lawyer. Since it is their field of operations, they are much more proficient in dealing with such cases and edifying their clients about the developments and changes that have occurred recently. Especially when it comes to the skilled workers aspect of application, the requisites should be learned before going through the actual process. Of course there is not one criterion based on which this decision can be made. There is a coalition of benchmarks that need to be fulfilled in order to be eligible for application.

The dimensions in which these benchmarks are designed are inclusive of:

Educational qualifications


Work experience


English and/ or French proficiency


Other miscellaneous criteria that is essential for future economic stability of the residents

This applies to the whole of Canada with the exception of the province of Quebec. This particular region has its own set of rules and regulations that are different from the rest of the provinces in Canada. Those candidates who are interested in applying for permanent residency for Quebec can specifically tell their immigration attorney so that they can be briefed about the distinct guidelines.

For the application procedure to be processed further, one needs to accomplish the following requirements:

He should enclose the results of the official language proficiency test he has taken


He should have some kind of employment offer that is valid

If that is not the case, one year experience of full time paid work experience is required. A lawyer from an immigration law firm like this can guide the applicant in this regard. The minimum work experience essentials include:

One year, full time employment, which is paid for?

Should have Skill Type 0 (which refers to managerial job experience) or Skill Level A (professional job experience) or Skill Type B (technical/ skilled occupational experience) in accordance with the Canadian National Occupational Classification (NOC) list

This experience should be spread over at least ten years

Once the candidate is deemed eligible based on the aforementioned criteria, then comes the next round of pre-requisites (some of which have already been outlined above):

Education


Work experience


Age


Any offers of employment in Canada 


Ability of adaptation

As for those who do not have any job offers in Canada, they should have adequate financial support for themselves and their families so that they can have stable lives before getting a formal job. Also any of the immigration lawyers will tell their clients that lying on the application is never a smart strategy. There are self assessment tests available on the World Wide Web (namely the Come to Canada Wizard) that help interested folks determine whether they are eligible or not or how many points can they score for the skilled worker category. All in all, applying for permanent residency to Canada under the skilled worker category requires proper guidance and planning for which an immigration lawyer can be very helpful as he helps in preventing any mishaps through the course of the whole process.

Immigration - Who can be Sponsored?

More and more residents of Unites States are immigrating to Canada. Because of insufficient financial opportunity in US compared to Canada, many residents are moving to north. Due to the simplicity of immigration process, most of the alien who had earlier immigrated to United States are changing their minds and moving to Canada. When these people shift to Canada they naturally wish to have their families with them. The process of Canadian immigration becomes complex at this particular point. Though it is possible to complete the immigration process by yourself, but it is beneficial to hire the services of an immigration law firm to make things easier, luckily they are available if you check on their website.

     Who are eligible to be sponsored?

     A permanent Canadian resident is permitted by Canadian authorities to sponsor their immediate family members and this includes:

     * A spouse, whether covered by common-law or legally married 


     * Parents


     * Dependent children


     * Grandparents 

     Some other relatives can also be sponsored if they are not in a marital relationship and are orphaned minors.


     * Sisters


     * Brothers


     * Granddaughters


     * Grandsons


     * Nephews


      * Nieces 

      A Canadian resident cannot directly sponsor any other relative but if they apply on their own they get the benefit of having their relative in Canada. Further information on the subject can be provided by an immigration attorney.

     Requirements to become sponsored for Canada

     While determining whether a particular person is eligible to be sponsored, certain things make the process of Canadian immigration quite difficult. A criminal record is one of these things. Canada is very strict regarding who should be allowed to live in its boundaries. Potential immigrants may be deemed as criminally unfit for various reasons. Following are some of the reasons:

     * DUI


     * Drug offenses


     * Reckless driving


     * Simple assault


     * shoplifting 

     It must be noted that time of offense is not taken in to account. Regardless of how long the offense occurred, it will remain in the computer. A person with a criminal record, whether minor or adult, is not allowed to enter in the boundaries of Canada. Immigration lawyers help the potential immigrants to find out whether this particular requirement will be a problem for them and whether this problem can be resolved.

     People who wish to immigrate to Canada have to undergo medical examination to prove that they don’t carry any health condition or contagious disease which can be dangerous to the Canadian health system. Besides this, human rights violators and spies are also denied permission to enter Canada. Immigration attorneys have sufficient knowledge about this in deep detail and can help the prospective immigrants to know if they fall in any of these categories.

     Changes in immigration procedures

     Most of the people have false information that the immigration requirements have become much strict in the past few years. But that’s not true. The only difference that can be seen is in the enforcement of law. After the terror attack on the World Trade Center on September 11, 2001, United States and Canada entered in to an agreement to access each other’s records. A person involved in criminal activity is denied to enter Canada.

     A person can rehabilitate himself in the eyes of Canadian authorities through the rehabilitation procedure but it is time consuming and costly. Hiring an experienced immigration lawyer who has sufficient knowledge about the immigration law and requirements is the best way to insure your immigration to Canada. In order to avoid any kind of mistakes and delays, it is better to consult the lawyer early in the process. With the help of a qualified legal representative, a person can expect to sponsor any eligible relatives to enter Canada.

How an Immigration Lawyer Can Help You Get a K-3 Spousal Visa

If you are moving to America with your wife or husband, you should talk to an immigration lawyer as soon as possible.  They will be able to help you apply for the K-3 Visa.  With this visa, non-residents can become legal if they are married to a U.S. citizen.

Understanding the K-3 Visa 

The K-3 Visa makes life much easier for foreigners that fall in love with American citizens.  Without one, the couple would have to be separated (while waiting for an official immigrant visa).  It does not matter what side of the world you are from.  Whether you are from Canada or England, you have to go through the same process.

How Does the Law Define a Spouse? 

When you visit an immigration attorney from this website, they will explain how U.S. law defines a legally married couple.  Basically, you have to be married to a person of the opposite sex.   Cohabitating couples or those that are involved in same-sex relationships do not count.  However, this does not mean that there might not be other ways around this law.  If there are, immigration lawyers will be able to help you.

Who Needs the K-3 Visa? 

Anyone who is not a U.S. citizen needs to get this visa.  Otherwise, your spouse will be forbidden to travel for long periods of time.  If they do so regardless, they will encounter serious legal problems.  However, with immigration attorneys, these worries are eliminated.  Even if your spouse is experiencing legal issues, the attorney will know how to resolve the situation.

What Happens if You Do Not Seek the Services of an Immigration Law Firm?

If you try to get a K-3 Visa by yourself, you will spend a great deal of time researching and filling out applications.   Also, you may not be seen in the same light as someone who has a lawyer.  Border officials may give both of you a harder time.  Plus, if your paperwork contains any errors, you will have to spend even more money correcting them.

Getting Started 

To apply for the K-3, you need to visit an immigration law firm in your area.  Depending on who you work with, you will probably get a free or low-cost consultation.  During this consultation, they will explain the ins and outs of immigration, making sure they answer all of your questions.  Then, if you decide to retain them, they will immediately get started with the paperwork.   From that point forward, all you will have to do is fill in the blanks and provide whatever verification is needed.   Nothing more is required, which is why anyone with a foreign spouse should definitely consider this method.  While it will cost a little bit of money, in the long run it will save both of you a great deal of hassle.