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As I enter my seventh year of practicing fiancee visa law I have a number of observations to share with prospective and current clients. #1 MOST FIANCEE VISA RELATIONSHIPS ARE LEGITIMATE There is a common misconception that marrying a foreign woman is somehow unseemly or less real than marrying an American woman. We have all heard the term “mail order bride” which would describe a situation in which the American man has not met his foreign fiancee but rather has picked her picture out of a catalogue and ordered her to be delivered. Immigration law does not in fact allow for “mail order brides.”

A chief requirement of the fiancee visa is that the American petitioner and foreign beneficiary have met in person within the two years prior to the filing of the fiancee visa petition. Opponents of the fiancee visa who speak of mail order brides are only revealing their ignorance of the law and procedure of the fiancee visa.

In my experience the relationships between foreign woman and American men are every bit as real as any relationships involving American men and American women. Furthermore, the divorce rate among my clients is negligible as compared to the typical American divorce rate. I am in contact with many of my early clients and I know that they are happy with their marriages. My clients, both the men and the women, tend to be loving and sincere. Contrary to myths about the fiancee visa the men are rarely abusive and the woman are rarely fraudulent or dishonest.

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According to the December, 2007 Visa Bulletin foreign workers falling in the EB-3 category and EB-2 workers from Mainland China and India will be affected by a severe backlog of visa numbers. This means there are more individuals wishing to immigrate than there are allotted visas. As a result, foreign workers in the effected categories may have a wait time exceeding 5 years before they are able to file an application to adjust status to that of a permanent resident.

Filing a New Labor Certification as an EB-2

The same employer who had filed an EB-3 application for a foreign worker may file a new labor certification for EB-2 classification for the same foreign worker if the job offer as an EB-2 is bona fide and the foreign worker possesses the requisite educational and employment experience that meets the criteria for EB-2 classification.

If there is a bona fide job offer as an EB-2 and the foreign worker is qualified, filing a new labor certification as an EB-2 may eliminate or dramatically reduce their backlog wait time. This may be especially advantageous for employers who have already filed and have an I-140, Visa Petition approved for a foreign worker. If the I-140 for EB-3 classification has already been approved, the foreign worker may seek to retain the old priority date on the new I-140 as an EB-2. (more…)

US Immigration has become a very important issue for American citizens and those individuals or families wishing to come to America. Since the establishment of the first colonies in America, there have been immigrants desperately desiring their chance at freedom. Elis Island was, for many, a portal to a new life through which they would pass and begin their journey. Hundreds of thousands of individuals fled persecution, poverty or inhumane conditions to come to the United States for a chance to live the “American dream” of life, liberty and the pursuit of happiness. In this article, we will cover some of the basic questions regarding immigration that many have.

Can you visit the US without applying to be a resident?

Thousands of people visit the US each day. There is paperwork involved but the main requirement is a valid Passport.

Since the attacks on the World Trade Centers on 9/11, there has been an increase in the need for security. Unfortunately these security increases can cause delays for travelers from countries believed to be hostile towards the United States. (more…)

For generations, many people from around the globe have held onto the dream of being able to emigrate from their native country and becoming a United States immigrant. There are many steps in the process to make such a dream a reality and passing the US citizenship test is one of the crucial steps. According to US immigration law, an immigrant is defined as a person who is desiring to enter a country other than their native homeland, with the intention of eventually becoming a resident permanently and undertaking to live or work, or both, in their new country.

Further, those who are intending to emigrate from the land of their birth and become an immigrant and eventually a full-fledged citizen of the Unites States are those who want to be able to live inside the borders of the U.S., either for an extensive period of time or permanently.

The US citizenship test is just one part of the process that those who apply for US citizenship must undertake. There is also a rather significant amount of paperwork that must be filed in the application process. A good deal of patience is required as the paperwork works its way through the grind of the plodding government wheels of progress. (more…)

Immigration refers to the movement of people from one country to other. While the movement of people has existed throughout human history at various levels, modern immigration implies long-term, legal, permanent residence in that country. Short-term visitors and tourists are considered non-immigrants. Immigration across national borders in a way that violates the immigration laws of the destination country is termed illegal immigration.

Under this definition, an illegal immigrant is a foreigner who either illegally crossed an international political border, be it by land, water, or air, or a foreigner who legally entered a country but nevertheless overstays his/her visa in order to live and/or work therein.

Among all the countries, immigrating to the United States of America is consistently one of the most popular choices for overseas nationals wishing to make a new start, further their career, or join family members overseas. With huge cultural diversity and geographical variety, applying for immigration to the USA can provide a wealth of opportunities for potential US immigrants. (more…)

U.S. employers wishing to sponsor a foreign national for permanent residency face the daunting task of navigating through the treacherous waters of U.S. immigration laws. The vast majority of applicants will fall into the EB-2 or EB-3 category. Sponsoring foreign workers for permanent residency on the basis of an EB-2 or EB-3 petition generally requires a three step process:

1.) a Labor Certification

2.) an immigrant visa petition

3.) filing an application to adjust status to that of a permanent resident. (more…)

One of the most frustrating aspects of immigration law is how rapidly procedures change. Those seeking successful immigration often rely on the experience and immigration cases of loved ones to guide them, which is often a very critical mistake. Immigration law changes every month it seems, and it’s all but impossible to maintain current.

Since immigration law is extremely complex and ever changing, it’s in a person’s best interest to consult with an immigration law attorney. These specialty lawyers are responsible for staying completely up to date on all aspects of federal law, and helping those seeking to immigrate. (more…)

If you have having legal problems and hope to attain immigrant status in the United States, you should seek the services of an immigration law office. The lawyers in these offices have the knowledge and skills to handle cases that deal specifically with immigration regulations. People want to immigrate to other countries for a wide variety of reasons. The most common are to obtain legal permanent residency or to find work in that country. When you become a legal permanent resident, you are granted a license to stay in the U.S. on a permanent basis, free to live and work as you desire. Getting a license means doing a lot of legal work, however, and an immigration law office is just the place to turn to for help.

To obtain a permanent residency, you should consult with attorneys that specialize in immigration law. They have training in how to handle cases that involve the laws regulating immigration. The best source of information and guidance in getting permanent residency status is the immigration law office. You can ask for advice about eligibility requirements and other rules and regulations governing the application for permanent residence. After receiving advice from the law office, you will know what route to take to get where you want to go in terms of residency. (more…)

Applying for a US Permanent Residency card (or Green Card) is an important step for immigrants seeking to live and work in the United States. Green Cards are issued by the U.S. Citizenship and Immigration Services (USCIS), who has set instructions and filing fees that must be followed stringently—otherwise, your application may be denied or delayed. Below are some tips on how to avoid the most common mistakes that result in a Green Card application being delayed or denied.

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All over the world people are trying to move away from their country and seek another place where they think it will be better for them. The reasons for relocation are various. They can be of political or economical nature or just because they do not want to live there anymore. Whatever the reasons, people do emigrate from their countries daily and they can do it either legally or illegally.

The future of the people that try to do this illegally is very grim. The US is the most likely target and their means to discover illegal immigrants are getting better every year. Why would you risk being submitted to a very unpleasant process like being arrested, deported or who knows what else? There is a better way to do this and stay there for as long as you can.

The legal way for this is by taking an immigration test. This option is available for everyone, but you should keep watch for anyone who is pretending to help you, when in fact they are only after your money. The best place to start looking for information about an immigration test is the internet. For this keep in mind a very easy to remember address: immigrationtest.org. (more…)

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