WARNING: THIS INFORMATION IS OUT OF DATE AS A RESULT OF Matter of DHANASAR. Case information is downloadable here: https://www.justice.gov/eoir/page/file/920996/download How do I know if I qualify for an NIW Petition?Requirements for someone applying for National Interest Waivers: EB2! *To apply for this waiver, you must be a foreign nationl with an advanced degree or it’s equivalent, or a foreign national with an exceptional ability in the sciences, arts or business. Normally, in order to petition for employment-based immigration, you need a permanent job offer and an approved labor certificate. However, there is always an exception to every rule. The practice of law is riddled with many rules - and with every rule there is an exception. In this case, a National Interest Waiver, also called an EB2 (NIW or an EB2 NIW), is a petition an applicant can apply for, which waives the need for a labor certificate or a job offer from a United States employer. There are of course requirements that must be met in order to be eligible for this waiver application. You as the foreign national, have the burden of proving the following on your application. The requirement test is known as the NYSDOT test. You must show that you work in an area of “substantial intrinsic merit”, meaning, you are someone with an advanced degree or its equivalent, or are a foreign national with an exceptional ability in the sciences, arts or business. Secondly you are required prove that your work, although it might be limited to a particular geographical area, the impact will be national in scope. Lastly, you must prove that by waiving this labor certification requirement, you would be benefitting the national interests of the United States. Again, you may do so by attaching copies of published articles recognizing your achievements; copies of grants or funding you may have received for your work, and documents proving how others have implemented your work. If you meet all of these requirements, you may apply for permanent residence for yourself, your spouse and your children under 21 years of age. Once the applicant files the permanent residence application, the spouse may then also apply for work permits and travel documents to use while the petition is pending. Due to the complexity and high standards involved with NIW petitions, we urge you to seek legal assistance. If you have any questions about your eligibility for the NIW, please do not hesitate to contact us through our website www.arvandlaw.com or by calling us directly at 212-323-7435. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com
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I've Been Detained by DHS. What is a Bond Redetermination Hearing?A bond hearing is what’s known in the law as your right to procedural due process, meaning, your guaranteed right. However, the law does not afford you the same right when it comes to your release on bond. Therefore, many immigrants who may be here unlawfully and who have been detained must sit and wait for long periods of time in custody, while necessary paperwork is filed that will determine, when and if the immigrant will be released or removed. Bonds are set for immigrant detainees by Immigration Judges and the Department of Homeland Security. They make the determination as to whether you are “bondable” and if so, in what amount. If you are not happy with the determination by the officers, you may seek a bond redetermination hearing. The process: First, the application for a bond-redetermination hearing must be made by you or your attorney in writing, or if the judge allows, by telephone. You as the detainee must provide proof that you are not a flight risk, or a danger to the community in order to be released. It is up to you, your family, and your lawyer to provide the Judge with as much information with regard to your criminal history, rehabilitation, compliance with immigration proceedings and orders, whether you have a place to live once you are released, your behavior while being detained, the length of your detention, why you believe you have a strong case and any other issues pertinent to your case in order for the Judge to grant your request for a subsequent hearing. The judge will make their determination and you will be informed either orally or in writing for reasons of their decision. If you or a loved one is currently being detained for a prolonged period of time while their removal case is pending, please contact us at www.arvandlaw.com we are here to help you through this difficult time. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com DisclaimerThis video contains attorney advertising. Prior results do not guarantee a similar outcome. M. Ray Arvand, Esq. is licensed to practice law in the State of Connecticut. Josie Cardoso-Rojo, Esq. is admitted in the States of New York and Florida. 26 Broadway, 21st Floor, New York, NY 10004 646-660-2658 http://www.ArvandLaw.com "I Pledge Allegiance to the Flag..."So, you want to be a United States Citizen…here’s what you need to know. So, you’ve gotten your Green Card, and now you’re ready to take the next step... becoming a United States Citizen! You can start waving your flag now. Although the process may seem daunting and intimidating, we are always here to help you through the process. As we always tell our clients: “The immigration process is plenty stressful. Finding the right attorney shouldn’t be.” First, “naturalization” is the process by which immigrants become United States citizens. For you to become a naturalized citizen, you must first fill out the N-400 form which is the application to become a citizen of these great United States. However, before filling out this application, you must first determine that you are actually entitled to do so. There are criteria that you must meet before applying for citizenship. Here are a few examples: you must demonstrate that you are 18 years old at the time of filing, you must be able to prove good moral character, and you must have been a permanent resident of the United States for a specific time period. For the complete evaluation of your eligibility, please do not hesitate to contact our attorneys for a one-on-one confidential consultation. Once you have satisfied all of the eligibility requirements, you must sit for a naturalization test. Don’t worry, this is not a difficult test. They are not going to test you on the Federalist Papers. However, it is a test of your basic knowledge of U.S. history and government, and that you are able to read, write, and understand English. For example, "Who is the President of the United States?" "Who is the Vice President of the United States?" etc. Our attorneys can sit down with you and fill out the N-400 with you to make sure that your application is complete and accurate. If you have any further question or inquiries regarding how to become a United States Citizen, please do not hesitate to contact us. You can reach one of our attorneys by logging onto our home page to schedule a private one-on-one consultation. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com And The Next Couple Going Home Is....It's almost like the Reality TV show, #DWTS, where couples are voted off for poor performances or just simply being disliked by the networks viewers. Only this time, it's not the American Reality TV show viewers that are hanging on to the edge of their seats; it's the American Immigration Attorneys who represent EB5 entrepreneurs looking to invest in the United States and in turn get their Green Cards which will put them on a path to U.S. Citizenship. What Is the EB5 Program? According to the USCIS Policy Memorandum, the EB5 program's purpose "is to promote the immigration of people who can help create jobs for U.S. workers through their investment of capital into the U.S. economy." The Daily Waiver has discussed the importance of this program as a vital economic and job creating engine in the United States. There are many powerful opponents of this program such as Sen. Feinstein who has erroneously claimed that this program essentially sells people US Citizenship. Nothing could be farther from the truth. The fact is that this program has funded various projects across the country that has created thousands of jobs for Americans and has contributed positively to the overall health, growth, and expansion of the United States economy. What Is Congress Up To? Right now Congress is working on a plan to renew the EB5 Regional Center program which is set to expire on Dec. 11, 2015. The plan that Congress is working on includes a possible increase of the minimum investment required as well as new restrictions on the source of the funds i.e. gifted funds. My office is closely monitoring the situation and will provide you with an updated posting when new details emerge. M. Ray Arvand, Esq. The Law Office of M. Ray Arvand, P.C. The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com 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) |#SyriaRefugees #Syria #StandWithParis Refugee vs. AsyleeThere has been a ton of media attention on Syrian Refugees, and The Daily Waiver has been covering some of the issues regarding the Syrian Refugees, the American response, as well as bringing valuable insight into these issues. I got into a spat over the difference between an Asylee and a Refugee regarding the Syrian crisis. The proud history of the United States has also been one of providing harbor for those looking to be free from the vice grip of totalitarianism and oppression - especially those who have been deemed to be "undesirables" in their home country. Hundreds of people whose families have fled totalitarian regimes have come to the United States. As Americans we must not be distracted by the negative rhetoric of blind and grotesque racism that manifests itself subtly in seemingly innocuous ways. ASYLUM vs. REFUGEE What is the difference. "Potahto Potyato! Same thing!" Not so fast! Asylum is best defined as "A discretionary benefit accorded to certain persons in the United States who demonstrate that they are unable or unwilling to return to their country on account of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion." Essentials of Immigration Law, 3rd Edition, Pg. 208. Refugee is best defined as "A person outside the United States who is unable or unwilling to return to his or her country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." Essentials of Immigration Law, 3rd Edition, Pg. 217. Notice the similarities and the differences? They are almost identical. But one applying for affirmative Asylum must already be in the United States and must do so within one year of their last arrival. If applying after one year of the last arrival, the applicant would have to be fit into an exception to the one year rule. The process thereafter becomes quite involved. What's The Process? The Process for either status of Asylee or Refugee is quite involved and highly regulated. If you have any questions about these processes or if you think you qualify for Asylum, please do not hesitate to contact our office to schedule a confidential consultation with us. M. Ray Arvand, Esq. The Law Office of M. Ray Arvand, P.C. 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com 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 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. |
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