Wednesday, February 22, 2012

I-601 Provisional Waiver Is Not in Effect

USCIS is considering changes that would allow certain immediate relatives (the spouse, children or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of the unlawful presence bars before leaving the United States.

These procedures are not in effect and will not be available to potential applicants until USCIS publishes a final rule in the Federal Register specifying the effective date. USCIS plans to publish a notice of proposed rulemaking in the coming months and will consider all comments received as part of that process before publishing a final rule.

    • Be aware that some unauthorized practitioners of immigration law may wrongly claim they can currently file a provisional waiver application (Form I-601) for you. These same individuals may ask you to pay them to file such forms although the process is not yet in place. Please avoid such scams. USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting
    If you already have an immigrant visa interview with the U.S. Department of State, we strongly encourage you to attend. The Department of State may cancel your immigrant visa registration if you fail to appear at this interview.

    Friday, February 17, 2012

    Do You Know What You Get Yourself Into While Filing Asylum?

    Is Asylum Really a Choice For You?

    I just ended the 3rd call regarding graduates applying for asylum. I could easily say yes to all their questions, but I firmly rejected all the requests for help. As a matter of fact, I don’t regret it a bit!
    Asylum cost a lot of money. It’s cash cow for lawyers. Many lawyers, unfortunately, made a fortune on such cases. I am a lawyer who would rather starve to death than allure applicants to file false claims. Here is why. 
    A person may seek protection if they have suffered persecution or they have well founded fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group and political opinion. Whether you have suffered persecution or you fear persecution has to be proved by sufficient evidence. In plain English, you should not lie and you have to prove you did not lie. 
    A lawyer may lie for you but it is absolutely unethical, for which they will be punished sooner or later. 
    Now back to you. If you have a real claim, which means you really were mistreated by either government and powerful individual or you think you have a reason to feel threatened, by all means, please come to us, we will apply all our expertise in helping you to seek protection from US government. If you are doing so merely because others already have done so, our advice is resounding no. 
    Why do I say so? Asylum starts with filing a form with supporting documents with USCIS. You will receive an opportunity to be interviewed by an immigration officer shortly. In Florida, a claim will be processed within 18 days. Yes, you read right, 18 days. 
    If you are lucky, you pass the interview based on false story, your consciousness will come to eat you up some day. Your children will learn that it is okay to cheat. Like the American saying puts: What comes around goes around. 

    If you are like many of the rest, your claim is denied. Then your case will be transferred to the Department of Justice, i.e, Immigration court, where your case will be heard by a judge. This process means long wait, constant anxiety, countless sleepless nights and lack of ability to plan for your future. In many cases, Immigration judges see through cases and deny your case, then you will get a removal order, which requires you to wait on the bench for ICE to pick you up and throw you out of the country. Consequently you are barred to come back to the country for 10 years. So you wouldn’t know which day would be the last day of your stay in US. Then you will have children in US, hoping one of your children can sponsor after she or he turns 21. Or if you marry a US citizen, it takes luck and long time to reopen your case if you apply. Millions of people are here for 20-30 dark years and stay there. It is the country’s problem due to many bad choice. 

    It is also a severe personal problem to applicants. When you are on deportation wait list, you are not allowed to go anywhere. You are not allowed to go back to China. You can’t invite your relatives to come and visit you. Big companies won’t hire you because you are on EAD. You can’t plan far. You have to be extremely cautious when you drive because DUI lands others in jail for a day or two, but will throw you onto a plane. 

    Think twice, boys and girls. If you think that’s what your American dream is all about, try Asylum based on fabricated personal stories like others. I don’t care what other lawyers tell you, I say so solely for your own wellbeing. You live only once and life goes by fast, you need to plan right. 
    Of course, if you ever feel you have suffered persecution or fear for persecution, come talk to me. I will fight for you. 

    Sunday, February 12, 2012

    Immigration Options for Entrepreneur-Minded People

    Immigration Options for Entrepreneurs
    Many people are considering immigrating to US but find solutions that apply to us don’t work them. For instance, they are too old to go to school and then find a job in US, or they have families and are not intended to marry a US citizen; or there is no way they can win a green card lottery. 
    If you are entrepreneur or a person with heart of an entrepreneur, one of the following options may suit you; 
    E1 Visa. 
    E1 Visa is international traders. The applicant must be a citizen of a country  with which the United States maintains a treaty of commerce and navigation. For instance, Chinese and Indian nationals are not eligible to apply. Besides, you have to prove substantial trade you are carrying on between US and the treaty country. Here, every word means something, especially the word, substantial. As everything else in administrative adjudication, the applicant must prove their eligibility. 
    E2 Visa
    E2 Visa is similar to E1. The difference is that the applicant must prove she or he has invested or is actively in the process of investing a substantial amount of capital in US ad needs to come to US to direct the investment enterprises. 
    L1 Visa
    If you find E1 or E2 not applicable, but you work for a foreign company for 1 consecutive year in the past three years as executive or manager or worker with special knowledge, and the foreign company is willing and financially capable to invest in an enterprise in US, you can consider L1 Visa. 
    EB5 Investment Visa
    To make it simple, if you want to invest at least $500,000, either into a regional center or on your own, profitable or not, ready to hire 10 people if on your own, you can consider EB5 visa. 

    Wednesday, February 8, 2012

    Am I qualified for H1B

    Hi All, 
    Many students wonder if a promise to sponsor from an employer only is sufficient for a H1B. The answer is a resounding no. Let's see what the law says.
    The law says: H1B is visa for specialty occupation and fashion model. In US legal world, every word counts. Specialty occupation is called so for a reason. First, it has to be an occupation that requires special skills. So the law requires that the job in the industry normally requires at least bachelor degree; In addition, the employer has to promise Department of Labor to pay more than prevailing wage; Third, the students have to have bachelor degree or its equivalent. 
    Of course, this version of explanation of law is so overly simplified that it does not cover all details. However, it gives you a rough picture as to what can qualify you as H1B candidate. 
    Therefore, the advice from this firm is this, after your boss agrees to sponsor you, pad on your shoulder (meaning, congratulate yourself), and then make sure your job position appear to be relatively important or irresplaceable. Then you need to make sure your boss agrees to pay you, at least on paper, higher than prevailing wage. 
    For details or specific strategical planning, you are welcome to call this firm.

    Monday, February 6, 2012


    我们收到了很多即将毕业的学生的电话,问到如果 H1B再批下来之前OPT就到期了怎么办。 有的甚至考虑到要超期逗留。 我想就法律的规定做个说明: 

    美国法律规定,如果签证持有者超期逗留180天以上后离开美国, 该签证持有者在3年内不得再到美国。 如果超期逗留1年以上后离开美国, 该签证持有者在10年内不得回到美国。 如果该人非法回到美国, 而且没有获得waiver, 该人讲终身不能获得签证回到美国。 

    如果美国政府查到任何人有作弊行为,或撒谎行为,该人讲终生不能回到美国, 除非及其特殊的情况发生。 

    实现美国梦的最基本的原则是:不要想着钻空子。 别人都在做的事情不能说明这些事是合法的而且是长远效果好的。美国移民局提醒过很多次, 只有美国律师才能合法代理而且解释美国移民法。 建议咨询有 问题咨询有经验的移民律师。


    Linda Liang 
    Attorney At Law
    8201 Peters Road Suit 1000
    Plantation Fl 33324


    Based on questions we receive from graduating students, I learned some of you might be contemplating overstaying your visa before H1B can be issued or even before H1B sponsor can be found. I would like to share with you what laws say about the consequence. 

    The law says, persons who accumulate 180 days or more of unlawful presence after April 1, 1997, and then leave the country, cannot return to the U.S. for 3 years. Persons who accumulate one year or more of unlawful presence after April 1, 1997, and then leave the country, cannot return to the U.S. for 10 years. Persons who illegally return to the U.S. without seeking a waiver, must wait outside the U.S. for a period of 10 years before they can apply for a waiver. The same rule applies to persons who illegally reenter the U.S. after being deported. 

    Persons who commit fraud or a material misreprentation are barred from the U.S. for life unless they obtain a waiver, which is hard to obtain. 

    So rule of thumb for a happy life in US is never trying to out-smart US laws. Remember many others are doing something does not mean it is a legal and wise thing for long term benefit.  Of course you are encouraged to work with an experienced LAWYER to find smart legal options that suit you uniquely.

    Wish you best luck!!

    Best Regards, 

    Linda Liang 
    Attorney At Law
    8201 Peters Road Suit 1000
    Plantation Fl 33324
    For Assistance in Chinese: 954-892-5517