Enjoy and please be Safe.Wishing everyone a very happy and Festive Thanksgiving. Our office will be closed for the duration of the week and will return Monday and will be resuming the posting of original content on The Daily Waiver. Wishing everyone a Happy and Safe Thanksgiving. M. Ray Arvand, Esq. The Law Office of M. Ray Arvand, P.C. 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435
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The United States handpicks the refugees who resettle here, and they go through multiple layers of security checks involving the Department of Homeland Security, the FBI, the Department of Defense and intelligence agencies, making them the most thoroughly vetted group of people who come to the United States. These checks typically require from 2-3 years before the refugee is cleared and can be brought to the U.S. The Most Critical Fact (An Update to the Original Post):Let this fact sink in for a while. | "Since 1975, the U.S. has resettled more than 3 million refugees, including 169,000 from Bosnia and more than 100,000 from Iraq. There have been no recorded terrorist acts in the United States by a refugee" -AILA InfoNet Doc. 15111813. (Posted 11/18/15) #WeStandWithParis #WeStandWithRefugees #KeepAmericaSafeIt's only been a few days since the Paris bombings last friday November 13, 2015. A cowardly and senseless act of terrorism has shook the world at its core. The terror group ISIS (or ISIL, as some call it) took responsibility for the attack. Suspicions that the terrorists may have smuggled themselves into France as part of the wave of Syrian refugees was shared by various media outlets and intelligence agencies from various governments. France reacted with a swift and decisive bombardment campaign against ISIS and taking out various targets in order to disrupt, dismantle, and ultimately destroy this barbaric terrorist organization that struck terror at the heart of France. The American Response: We Welcome Syrian Refugees!As of late, Presidential Candidate Ben Carson has likened the Syrian refugees to rabid dogs. Very mature, Dr. Carson. Really. Shame on you, Dr. Carson. Participating in an exercise in futility, Governors across the country are formulating plans to block the acceptance of #SyrianRefugees into their States. There is very little that these Governors can actually do - if anything at all. Immigration is a Federal matter and Congress' power over immigration is plenary. That means that Congress has an inherent power to control immigration. The individual states do not have such power. When Governors say that "We will do everything in our power to not allow these refugees into our State..." it is just political symbolism. There is no State Power to control immigration. Think about it: even if they did have the power and, a Syrian refugee is allowed to come into New York he can easily get onto a Greyhound bus and travel 250 miles into Massachusetts. The United States has always been committed to being a haven for those fleeing persecution and oppression. The United States stands for freedom and we stand strong in the face of oppression and totalitarianism. We send American soldiers to fight overseas so we can be free. Freedom in its most basic form is our ability to sleep comfortably and soundly at night. On a more complex level, it's the ability of the United States to engage the world without having some two-bit dictator or terrorist dictating to the United States how it conduct its foreign or immigration policies. And these Republicans and their anti-refugee supporters are actually taking away that freedom that the United States enjoys by allowing ISIS to change America's policies. "But There is No Vetting Process."Ah, but there is. Republicans pointing to a fictitious lack of refugee vetting have carefully crafted this argument to shield their platform's xenophobic agenda . The Republican Presidential Candidates (and the Republican governors) and their supporters opposing the intake of Syrian refugees have an infantile and unrealistic impression of what the Refugee process is like. It is one of the most rigorous processes that immigrants must go through in order to come to the pristine ports of entry of the United States. There are multiple layers of background checks, security clearances, biometrics, etc. that the refugee and his or her family must go through. The application process takes several years to go through. My Firm sends its deepest sympathies to those families and the French people who have been affected by this cowardly act of terrorism.The problem arises when individuals obtain a notary public license in the United States, and use that license to substantiate representations that they are a "notario publico" to immigrant populations that ascribe a vastly different meaning to the term. So, You Went to See The Lawyer. But....So, You finally went to see that lawyer you found on the internet. You and your family went to his/her office and were wow'd by the office's prestigious location, the staff was courteous, professional - they even offered you Starbucks Coffee. You just hired the best legal team in town - or, so it seems. Be careful, there are plenty of dishonest and unscrupulous people out there looking to scam a quick buck. Here is what you need to know. Notario Fraud: Beware!!!!Many people who come to the United States may not know exactly who to trust and this (through no fault of their own) makes them prime targets for unscrupulous people holding themselves out as lawyers when in fact, they are not. Afterall, why would anyone hold themselves out to be a lawyer when in fact they are not? Simple. Their only objective is to scam money out of unsuspecting immigrants who came here to carve out a slice of the American dream for themselves and their family. Make sure that the person with whom you are dealing with is in fact a licensed attorney. These days we have a ton of information available for consumption at the tip of our fingertips. Literally. These days everyone has an iPhone or Android smartphone. Simply Google the person's name with whom you spoke with. See what comes up. Better yet, you can log on to the attorney licensing authority's website in the state/s which the attorney is licensed and search the person's name. If something does not pass the so-called "sniff test," trust that first instinct and RUN!! "But, She Guaranteed me a Green Card."It's a true statement that nothing in life is certain except death and taxes. No attorney worth his/her salt should be guaranteeing anything to anyone. In fact, it is unethical to guarantee any outcome to a client. Written just beneath the signature line of my consultation and retainer agreements I have in big bold print that "NO GUARANTEES HAVE BEEN MADE AS TO THE OUTCOME OF YOUR CASE." No lawyer should be guaranteeing anything to anyone. Lawyers - good ethical lawyers - do not deal in absolutes. Run away from those who do.
Click the image below for more information on Notario Fraud from the USCIS website: Hiring or not Hiring a Lawyer:In immigration law (or any area of law for that matter), it is always wise to seek the advice of a lawyer. Immigration law is a vast body of law comprising of rules, exceptions, and exceptions to exceptions. A situation where you end up saying, "Gee, I should have hired a lawyer" is not an enviable position to find oneself. It's always the situation where you think you know just what you are doing that your problems start to pop up one by one. Even if you can't afford a lawyer, you can find a lawyer who will charge you a minimum amount of money for a consultation to see what your rights and obligations are. Parting with $100 for a consultation is a small price to pay to avoid a huge pitfall that could have otherwise been avoided. Keep in mind that a during a consultation may not be possible to get the full scope of the problem you are confronted with - and it should NOT be used as a substitute for actual legal representation. Don't be one of those people who goes to a lawyer for a consultation and then mistakenly thinks he/she is armed with every bit of information to handle the situation themselves. That's why you went to the lawyer in the first place - you are not trained to handle the situation the way that a lawyer is trained to do so. Spending some money on a lawyer may be worth the catastrophic mistake that lawyers steers you away from. "We All Have THAT Friend..." I have seen it time and time again: a potential client in for a consult starts with saying, "My friend told me XYZ..." and it's usually there that the problem starts; his/her friend told them....... Your friend may have been well meaning and was just looking to help you - afterall, that's what friends are for, right? That friend, no matter how well-intentioned, may have gotten second or third hand knowledge which is half-baked, pure speculation, or just flat out wrong. "But It's Just Filling out a Couple of Forms."I hear this all the time, "But it's just a form that needs to be filled out." Yes, that's true. It is a form that needs to be filled out. And those forms were drafted by government attorneys looking to get information on you, your spouse, child, and your family when you are petitioning for a family member or petitioning for a waiver. Each question, each box that needs to be answered and checked off is carefully formulated and there are thousand reasons why they are asking you to disclose that piece of information. It is a lot easier to put in the correct information the first time than it is to go ahead and try to fix something that you have already disclosed. Like I said earlier, even if you can't afford to hire an attorney, parting with $100 consultation fee is a small price to pay if it results in you avoiding digging yourslef into a hole that 1) you may not be able to get out of, or 2) will cost thousands more to fix. When Should I Hire a Lawyer?Almost like Pavlov's dogs, lawyers have been trained to give this universal answer to legal questions presented to them by their clients: "It depends." And the truth of the matter is that as a general rule, it does depend. But, I will take it a step further and say that the landscape of legal problems is not populated with road signs telling you to merge left for legal advice. Legal problems are usually like potholes or screws in the road that flatten your tire or worse. My suggestion to friends and family is that before you take any course of action that involves a legal question, see a lawyer (or see a few lawyers) to get a lay of the land. A lawyer is trained to analyze issues that you are not trained to. To the lay person a situation may not seem to need a lawyer's attention. But, a lawyer who has dealt with that issue day-in-day out knows the anatomy of the problem. If you have an immigration problem, please do not hesitate to contact our office to schedule a confidential one-on-one consultation. M. Ray Arvand, Esq. Are Syrian Refugees Terrorists? Or is ISIS Taking Advantage
Striking the Correct Balance: National Security and Immigration PolicySome immigrant advocate groups are outraged over Gov. Snyder's suspension of the Syrian refugee effort in Michigan. Governor Robert Bentley of Alabama has done the same: "After full consideration of this weekend’s attacks of terror on innocent citizens in Paris, I will oppose any attempt to relocate Syrian refugees to Alabama through the U.S. Refugee Admissions Program. As your Governor, I will not stand complicit to a policy that places the citizens of Alabama in harm’s way,"
In the weeks preceding the attack, many news outlets and national security experts were voicing legitimate concern that ISIS would take advantage of the influx of Syrian refugees into Europe to smuggle their own Jihadist fighters into Europe and the United States. And it seems that is exactly what happened. Despite the attacks in Paris and the threat posed by the influx of refugees, President Obama still plans to accept 10,000 refugees and won't allow the attacks to derail his plans to do so. There are good arguments for restricting or even suspending the acceptance of refugees into the United States and even into Europe. However, a delicate National Security policy and Immigration policy balance must be struck in accepting these refugees. I don't advocate the complete stop of accepting refugees nor do I advocate the complete free flow acceptance of these refugees. This fear that terrorists would smuggle themselves through the influx of refugees - even though it is completely legitimate - should not be the reason that America closes its doors on immigrants. This is not the time - especially now - to slam the door in the face of these people. As a nation, we have have a rich history of accepting those who are fleeing persecution, terror, and famine in their home countries. This country must be the beacon of hope that it has always been. It must continue its tradition of accepting the best and brightest minds of the world --- immigration is what makes this country strong. Immigration is what makes this country prosper. Immigration is a tremendous engine for national prosperity. We cannot bend to the will of a few malcontents who are hell-bent on destroying our way of life. If we do, we've already lost. We pray for those affected by this tragic and senseless loss of life. M. Ray Arvand, Esq. Prayers for France.Our hearts and prayers are with the people of France and their families. This tragic loss of life must not go unanswered.
-M. Ray Arvand
FACT: There is no grace period if you lose your job while on H-1B. According to the USCIS website, "There is no automatic 10-day or other grace period for terminated employees holding H-1B status, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States."
Some businesses give the beneficiary of an H1B Visa 30 days notice prior to their termination. They do this so that the Visa holder has sufficient time to wrap up his/her affiars and depart the United States. That's if he/she has an employer with a heart. MYTH: "I still need to maintain my foreign residence." FACT: No. The H1B is a Visa category is one that allows for "dual intent." What that means is that there is no requirement imposed on the foreign worker to maintain a foreign residence. The foreign employee on an H1B may also petition for a Green Card. And this brings us to our next Myth.... MYTH: "H1B automatically gives me permanent residence." FACT: No. The H1B is a non-immigrant visa allowing the non-immigrant to legally work in the United States for an employer. Just because an H1B holder has an H1B, it does not follow that the H1B holder automatically gets the Green Card. MYTH: "Our business is slowing down, and the law allows us to 'bench' (i.e. not pay) our H1B employees." FACT: No such law exists. Non-immigrants on H1B status are afforded rights and protections. One of these protections is that the employer may not "bench" an H1B holder. For example, ACME Rockets has experienced a slow down in productivity and revenue. In response, ACME Rockets decides to stop paying H1B holders in their company. The employer is NOT allowed to do that. The only time an employer can stop paying the H1B holder is if the employer genuinely fires the H1B holder. If you are an H1B holder, and you feel that your wages are being unfairly withheld, you do have recourse. It is best to speak to your supervisor or your boss to resolve the issue. If after doing so the issue persists you can file a complaint with the DOL by using Form WH-4. Try resolving the issue internally first with your employer. If the abuse continues, recourse is available. MYTH: "My employer said that I am allowed to work prior to approval." FACT: Wrong. The H1B holder is not allowed to work for the US employer prior to approval. "I came here on a B2, how can I get a Green Card?"
Visa Fraud is not to be taken lightly as it carries with it serious consequences. It is a serious national security issue. The government is actively in pursuit of those individuals who have committed Visa Fraud. Consequences of Visa Fraud: A Permanent BarIf a determination has been made that the non-immigrant has gained entry to the United States through misrepresentation and fraud, the consequence is being permanently inadmissible. That means that the non-immigrant is ineligible to petition for a Visa or Green Card, etc. There are circumstances in which a waiver is available. However, an extreme hardship determination would have to be made. In this circumstance, the inadmissible non-immigrant "must show that denial of admission to or removal from the United States would result in extreme hardship to his or her qualifying relative (or if the applicant is a VAWA self-petitioner, to himself or herself); and the applicant must show that a favorable exercise of discretion is warranted." See USCIS website.
You're going to have a deportation force, and you're going to do it humanely. Don't forget...that you have millions of people [who] are waiting in line to come into this country and they're waiting to come in legally. And I always say the wall, we're going to build the wall. It's going to be a real deal. It's going to be a real wall. Illegal immigration is a growing problem in the United States. The Donald's solution is to build a wall and "It's going to be a real deal." That's nothing new. He's always said that. But then he went a bit further saying that he wants to have a deportation force in place to deport all 11 Million illegal immigrants. It certainly is reminiscent of the days the United States set up detention camps for Japanese-Americans who were living in the United States. The U.S. Government rounded up Japanese Americans and very inhumanely kept them in detention camps under the pretext of National Security. Do we really want to go back to those days? I didn't think so. What Would A Deportation Force Look Like? A deportation force to round up an estimated 11 Million illegal immigrants would require mobilizing the resources needed to invade a country (so, I guess we're invading ourselves). Not only is it unrealistic, but the cost of doing so would be astronomically prohibitive. We'd essentially live in a Police State...and broke.
I think all these Presidential Candidates are bringing attention to an important issue in a very infantile manner. If in the alternative you want to make yourself feel better about it, it's their very bad impression of a political cartoon.
"What we really have to do is stop the adjective before the job title—whether it's 'black actor,' a 'gay actor' or 'anything actor. Everybody thinks that equality comes from identifying people, and that's not where equality comes from. Equality comes from treating everybody the same regardless of who they are." -Matt Bomer Being Gay and Petitioning USCISTo add to Matt Bomer's quote, let's not call it Gay Marriage either. It's marriage. Plain and simple.
There is no question about it. There is still considerable opposition to same-sex marriage in America. Notwithstanding the fact that gay marriage is now legal in all fifty states, many hold out states like Alabama (i.e. Kim Davis) are holding tight to their guns in opposition to it. The United States has come a long way since the days of denying immigration and marriage benefits to LGBT couples. It is a monumental success to see that the United States has seen this change and SCOTUS has ruled that gay couples can now marry. But LGBT rights is so much more than marriage. Much of it involves securing immigration benefits as briefly described below. Fiance Visas: Under the law today, same-sex couples can now get married. A U.S. Citizen can now file an I-129F in order to file a fiance petition, so long as all other immigration requirements are met. The U.S. Citizen and the holder of the K-1 Petition must get married within 90 days from entering into the United States. If the marriage does not happen within the 90 day window, the Visa holder is out of status and will be subject to removal (deportation) and will not be eligible to adjust status. Assuming that all goes well and that they do in fact get married, the non-U.S. Citizen spouse may then apply for a Green Card. In legalese this is called Adjustment of Status. Adjustment of Status means that the foreign national can obtain lawful permanent residence in the United States without having to leave the United States to do so. Keep in mind that this term is not the same as "change in status." That's a whole different concept. A change in status is usually when a non-immigrant goes from one non-immigrant status to another. When Should I Adjust Status when I Marry my U.S. Citizen Spouse: This question comes up all the time. According to the USCIS website, "You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means." There really is no good reason to delay this. As soon as you get married, file the I-485 to adjust status. Asylum Petitions: People who are gay and who live in countries who are hostile to gay people i.e. some countries in the middle east may apply for asylum based on their sexual orientation. In order to file an asylum petition and be successful, the applicant must demonstrate that they are "seeking protection because they have suffered persecution or fear that they will suffer persecution due to: Race, Religion, Nationality, Membership in a particular social group, or Political opinion. (See USCIS page on Asylum). Sometimes there will even be overlap. This may even fall under political opinion or even religion. But generally speaking, asylum based on sexual orientation fall under the membership in a particular social group (or PSG). What We Do: The LGBT community faces many challenges. We work very closely with all of our clients to make sure that their journey through the immigration process is as seamless and as stress-free as possible. We know that the immigration process is very stressful (and at times infuriating), but finding an attorney and working with that attorney shouldn't be. |
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