Recent News Items

U.S. immigration is always a popular topic of discussion. The focus of the discussion is mostly centered on changing the archaic and sometimes contradicting immigration laws embodied in the Immigration and Nationality Act passed by Congress in the late 1990s. The new administration, along with members of Congress make promises to the immigrant communities about reform and a pathway to legalization for the millions of undocumented immigrants in this country. Unfortunately, nothing is said about the system itself, until about two days ago.

The Immigration Commission established by the American Bar Association published a report calling on Congress to overhaul the current court system and create a new, independent immigration court system, similar to tax court in the United States. The American Bar Association is a voluntary, national membership organization for the legal organization. The ABA’s Commission on Immigration focuses on the Association’s efforts to ensure due process and fair treatment to all immigrants and refugees in the United States. The published report describes the current court system and lays out its rationale for a brand new system.

The current immigration court system is not a part of the judiciary; instead it is an administrative style proceeding controlled by the Department of Homeland Security. The immigration judges, sitting on the bench, are essentially employees of the Attorney General. Immigration judges are constantly inundated by a caseload they can barely handle. The American Bar Association proposes that the immigration courts should be independent from the Department of Homeland Security and established under the terms of Article I of the U.S. Constitution. The report also states that the highest judges should be appointed by the President and approved by the Senate. The American Immigration Lawyer’s Association has promised to review the report and the proposed system and provide its feedback.

For more read: http://www.abanet.org/media/nosearch/immigration_reform_executive_summar...

Visa Lawyer Group is an immigration law firm that provides legal assistance to clients around the world. Our immigration lawyers can be contacted to work on a variety of immigration related issues and our US visa lawyers have successfully prepared and filed over 1,000 visa applications with USCIS and U.S. Consulates around the world including but not limited to, India, Jordan, Bosnia, Russia, China, Brazil, Germany and Italy. Please contact them for a free consultation here or at info@visalawyergroup.com and at (845)353-3500. Our immigration and visa lawyers are based in New York with offices in Nyack and Manhattan, New York City.

It has been over a year since the Department of Homeland Security announced the creation of the Electronic System for Travel Authorization (ESTA). This system was designed for visitors who come into the United States from a Visa-Waiver qualifying countries. The system went active on August 1, 2008 but not many travelers are aware of it. The new policy requires foreign nationals from visa waiver countries to register with the system prior to their arrival in the United States. Once registered, the Department of Homeland Security will review the applications and approve them within 72 hours. Once approved, the authorization is good for a period of two years and allows for multiple entries. It is important to note that ESTA approval only authorizes a traveler to board a carrier for travel to the U.S. under the VWP (Visa Waiver Program). An ESTA approval does not guarantee admissibility at the port of entry. All visitors from the visa waiver countries must register with the ESTA prior to boarding a carrier bound to the United States.

This past weekend, I participated in a wonderful pro bono legal clinic organized specifically with the Haitian immigrant community in mind. The NYC Mayor’s Office of Immigrant Affairs, the Legal Aid Society, the City University of New York’s Citizenship Now Project and many other organizations came together to help the Haitian community with Temporary Protected Status.The new temporary protected status (TPS) for Haitians allows undocumented immigrants who were here on or before the earthquake hit to live and work here. The event was very well organized and had quality checks in place every step of the way. Over 300 volunteers came together to assist over 400 applicants. On arrival, the applicants were required to fill out a registration form and received a packet containing everything they would need to complete their application. As for the event itself, the organizers had stations set up for screening, special review, photographs, fee waiver assistance and application assistance. The community really came together to help each other out. There is a real need to help the Haitian community and we have a duty to help in any way that we can.

Immigrant communities are very vulnerable to individuals and organizations that engage in unauthorized practice of law. Individuals and organizations that make false promises of U.S. citizenship and work authorization prey on unsuspecting immigrants and most often leave the immigrant in a worse position. Recently, New York Attorney General Andrew Cuomo sued two immigration service organizations for defrauding immigrants with false promises of citizenship, engaging in unauthorized practice of law, and illegally charging high fees for services. The lawsuits were filed against two organizations operating out of New York City. It is important for every immigrant to understand that only a licensed U.S. Visa Lawyer or an accredited organization in the field of immigration and visas is allowed to represent them for immigration purposes. Notarios and consultants are not attorneys and therefore cannot legally represent you in the immigration process. Immigration law falls into the purview of federal law and therefore only a license from one U.S. state is required to serve as an immigration or visa lawyer. In order to obtain a license to practice law, a candidate is required, among other things, to take a licensing exam. U.S. visa lawyers receive the requisite legal training during law school and have resources available to them that a lay person would not. Therefore, when speaking to a U.S. Visa Lawyer or an immigration lawyer, make sure to ask them where they are licensed to practice. You may even ask them for their bar identification number. Some law firms even have copies of their attorney licenses available for public viewing on their website. In the end, retaining a licensed U.S. visa lawyer will ensure that you have the best legal representation possible and protect you from falling victim to fraudulent schemes.

Visa Lawyer Group has immigration and visa lawyers approved by the state of New York to practice law and represent clients in immigration cases. Our visa lawyers have extensive experience in all visa types and immigration cases. You can chat online with one of our immigration lawyers by clicking on the chat button in the bottom corner of the screen. You can also contact us at info@visalawyergroup.com or (845) 353-3500. Visa Lawyer Group has offices in New York. Our immigration and visa lawyers can be found in Nyack, New York and Manhattan, New York City offices.

The registration period for temporary protected status (TPS) opened up on January 21, 2010 and will remain open until July 20, 2010. This designation only applies to Haitian nationals who were present in the United States on January 12, 2010. It is very important to note that temporary protected status will not apply to individuals who arrive in the United States after January 12, 2010. The TPS for Haitians designation went into effect on January 21, 2010 and will remain in effect until July 22, 2011. Haitian nationals who qualify for such protection should take advantage of the TPS designation. Additionally, if a Haitian national is in the United States on a valid visa, then he/she should also apply for an extension or change of status along with temporary protected status (TPS). For example, Haitian nationals on a valid B-1/B-2 visa who are unable to return home should apply for a six month extension of their visitor’s visa. The Department of Homeland Security has advised its immigration officers to exercise discretion when adjudicating a visa application where the applicant is a Haitian national. Therefore, it is important to contact a qualified U.S. visa lawyer to discuss all of your options. It is very possible that as a Haitian national in the United States, you may qualify for more than one immigration benefit.

If you would like to contact Visa Lawyer Group for more information or if you have any questions, please do so at 845-353-3500 or you can email us at info@visalawyergroup.com. Our website also offers an online chat feature where you can discuss your case and ask questions to one of our qualified and experienced Visa Lawyers. Simply click on the chat button at the bottom corner of your screen!

We also have additional information regarding TPS for Haitians here.

Visa Lawyer Group offers online services for those that are out of the New York area and in other countries. Visa Lawyer Group has offices in Nyack, New York and Manhattan, New York City.