Tuesday, November 15, 2011

USCIS Issues Guidance For Approved Violence Against Women Act (VAWA) Self-Petitioners

U.S. Citizenship and Immigration Services (USCIS) recently provided guidance to USCIS adjudicators for adjudicating Adjustment of Status (Form I-485) applications filed by Violence Against Women Act (VAWA) self-petitioners who are present in the United Stateswithout having been inspected and admitted or paroled.

The Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status in theUnited States without relying on abusive U.S.citizen or legal permanent resident spouses, parents or children to sponsor their Adjustment of Status (Form I-485) applications. For many immigrant victims of domestic violence, battery and extreme cruelty, the U.S.citizen or lawful permanent resident family members who would sponsor their applications will threaten to withhold legal immigration sponsorship as a tool of abuse. The purpose of the VAWA program is to allow victims the opportunity to “self-petition” or independently seek legal immigration status in the U.S.

Sunday, November 13, 2011

美国留学生,毕业找不到工作, 就只有回国一条路吗?

众所周知,美国的经济很不好。 本地公民的失业率非常之高。 蜂拥而至美国的留学生花了大价钱读书,读完书后就直接卷铺盖会国?

当然,如果国内的机会好,当然回国是好事。 但大部分的人觉得来都来了,还是想留下来。 除了找工作,还有别的办法吗?

答案是有的。 美国移民局日前发文对工作签证的发放做了解释。其中强调如果一个外国人在美国独自投资开办公司,在一定的条件下,是可以个自己申请到工作签证的。 这对于很多留学生是个极好的办法! 换句话说,那些有胆识自己创业的留学生,可以给自己申请到工作签证的。

我们所提供相关的法律和商务策划方面的全套服务, 使得自己开公司不是件令人害怕的事。  



接到很多电话问到通过政治庇护移民美国的方式,其中不乏是20岁上下的年轻人。 当我们再问他们是什么原因导致他们寻求政治庇护,回答往往是:别人都这么做。 很多律师不仅支持这种做法,而且鼓励, 因为这样,申请人其实可以无限期地留在美国。

申请政治庇护,要求申请人能証明他们确确实实有理由害怕迫害。 这个标准在法律上是有很严格的规定的。 审核移民官或法官都是很有经验的。大部分的人因为不对自己的案子负责,所以会被拒绝。 被拒绝后,很多律师要求当事人申诉,接着再等待拒绝。 这样,可以拖延在美的时间。 申诉被拒绝后, 当事人会被安排等待驱逐出境。 

其实这样以后的人生是很惨的。当事人虽然能够工作,但不能回国探亲。每过一段时间还要到政府报到。 如果一旦出了事,移民局就会安排监禁或驱逐。 

因此,本所建议, 除非你确实有足够的事实証明你可能被迫害, 你不要走这条路。 如果你确实在政治上和宗教上有原因担心被迫害,我们愿意全力帮你,而且我们也有很多成功案例供你借鉴。 

What happened if I married a wrong in US citizen or permanent resident?

As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser's knowledge.
  1. you entered into the marriage in good faith, not solely for immigration benefits.
  2. You have resided with your spouse.
  3. You are a person of good moral character.
Every claim has to be well-founded, i.e, supported by supporting documents. The abuse can be verbal and should be witnessed. Also, whether marriage was entered into good faith requires expertise to prove. Remember, marriage certificate does not mean the marriage is valid in the eye of immigration law. Many other documents are required to prove that the marriage is not entered into for immigration benefits only. 
You have one shot. You are advised to count on expertise of an experienced immigration lawyer to prove your case. 
If you contact us, we will listen to you carefully and will advise you based on our knowledge of law and experience in proving case of this sort. We will help you to be on your own feet. 

Consequences of Denied Asylum Petition

Refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion. The fear must be well-founded or reasonable. You must work with an experienced lawyer to establish appropriately. You must file within one year you enter the country unless you can prove changed circumstances. 
Consequences if you are denied asylum. 
Many people seek asylum as safe resort to stay in US. Many lawyers actually encourage that because the petitioner gets to stay here indefinitely. Then what will happen if asylum is denied? There are two ways to apply for asylum. One way to affirmative, i.e, apply to USCIS. If denied, the petitioner will be put in removal proceeding where the petitioner will be put in front of a judge. The proceeding will take a long time. Petitioner will get work permit while waiting. Then most likely, a removal order will take place. Petitioners will be required to report to ICE until the date of removal is set. 
Yes, it is true that petitioner gets to live in US indefinitely but the life quality is like in hell, unless it would be better than original one. 
Therefore, if you are considering Asylum, have a sit-down with a trustworthy attorney and analyze your situations carefully. Don’t take that route unless you are absolutely sure. 
We are truthful attorneys. We will help you to determine whether asylum is a battle worthy fighting for and if it is, we will fight hard for you. If it is not, we will recommend you some other good strategies based on your circumstances. Call us, you won’t regret. 

Saturday, November 12, 2011

How to persuade your employers to sponsor H1B for you?

Not all company who hired you on OPT is willing to sponsor H1B visa for you. The reason can be so simple that it beyond your imagination. The truth of matter is many HR have no idea what H1B is or entails, therefore you need to convince your employer to take action for you. 
How? You have to know for yourself what exactly H1B petition means to employers.  
The employer must establish that the job requires the services of a professional, that the foreign worker qualifies as such a professional. Generally, the H1b visa is available for those workers who have a bachelor's degree in a technical field who will be working in a technical position that requires an undergraduate degree. 
To protect the salaries of foreign nationals, employers are required to pay the higher of prevailing wage. The prevailing wage is the average salary paid to workers in the area of intended employment. 
Therefore, if you can work with a lawyer to figure out a match so that they don’t have to think it through, your employer would be more willing to sponsor you. 
Besides, if the employer is worried they are not big or profitable enough, there is good news for you. Small business may have other legal burdens in H1B petition, but profitability is not an issue. 
All in all, you are advised to consult a lawyer before you talk to your employer about sponsorship so that you are sure about your eligibility. Of course, if you agree to pay for attorney fee, you are one more step closer to H1B. 

Wednesday, November 9, 2011

How Not To Say Goodbye To US Dreams

How Not To Say Goodbye To American Dream In Bad Economy?

Now that you are reading this blog, you may be one of those who have spent parents’ fortune to come to US, studied hard, graduated but could not find a job whatsoever. Time in US went by fast, you are so not ready to go home now.

Well, this blog is written to tell you, “Yes, you can stay, if you want. “

I will explain.

Usually people immigrate to US through three ways: 1) family relations (including marriage); 2) investment 3) employment. Remember, merely F1 visa does not constitute immigration because F1 visa does not directly lead to green card. Most international students obtain green card through employment, i.e, find a job hoping the employer will sponsor you with a H1B (working visa).

What happens if you can’t find a job? I am pretty sure this question has been tossing you around at nights. Unknown to a lot of people, it turns out you can sponsor yourself.

USCIS issued a memo in January 2010 that reminds immigration lawyers and applicants that H1B is applicable to solo business owners. However, the memo stipulates that solo business owners have to prove there is employer-employee relationship and the employer has right to control the employee.

That is to say that if you open a company in your name, you are eligible to sponsor yourself as your own employer H1B visa as long as your lawyer can help you to establish   that you meet the requirements of relevant law. You don’t know that, do you?

Every case is different. We can’t get to details as to how but you are welcome to contact us for consultation in person.

You must be asking how can I run a company, what the company should do. This firm has indeed great answers to these questions. This firm, in addition to experienced lawyer, is composed of experienced business consultants. We could help to plan, recommend projects and consult during your operation. In short, you will not be alone. For instance, for those who have great sense in fashion, we have a program that allows you to have your own fashion shop at the minimum start-up and operation cost. You will most likely be profitable since the first month.  Of course, we can work with you to fulfill your own entrepreneur ideas.

Remember Obama’s campaign slogan?  “Yes, You Can!” For more information, you are welcome to contact us at 954 892 5517, asking for attorney Linda Liang.

Tuesday, November 8, 2011

Can Sole Business Owner Receive H1B Visa Employee?

Can you own your company as an H1B Holder? The answer is yes. USCIS approves petition where the beneficiary owns 100% of the petitioning company and employer-employee relationship is established. 

USCIS has issued Requests for Evidence (RFEs) for many companies where the beneficiary is also a stockholder of the petitioning company. Often times, the RFEs are issued even if the beneficiary owns a minimal percentage of shares in the petitioning company.

Employer-employee relationship” is indicated by the fact that the petitioner may hire, pay, fire, supervise, or otherwise exercise the right to control over any such employee.
As far as how to prove control of a company, please consult a lawyer or better off retain a lawyer's professional representation. 

What is the success rate of immigration visa?

Many clients must know what the success rate of an immigration visa is before they want to act. It is  understandable, however, there is no true answer to this question.

Law gives requirement for each category of visa. Once you meet the criteria, you are eligible for this category and thus will be welcome to US. If not, you are not eligible. With this being said, if you meet the criteria of certain Visa, your success rate is almost 100%. If you don't, your success rate is zero. Others' case may be very different, so success rate is not relevant.

作为 EB5的替代方案,L签证的成功率有多高?

很多人都知道了, 除了EB5方案,通过中国公司在美国开分公司,派管理人员或特殊人才到美国,也能获得工作签证,并很快获得绿卡的方式。 很多人问到: L签证的成功率有多高? 这是个无解的问题。 因为,在法律上, 是照框框做馍馍的事。 你如果能满足法律的要求, 你就能照这个方式移民,你的成功率就是100%。 如果你不能满足法律规定的条件, 你的成功率就是零。 因为每个人的情况不同,每个人选择的移民方向不同,所以成功率的意义不大。