Monday, November 26, 2012

Solutions to the Green Card Worker Issue

There are currently millions of people in the United States illegally. Estimates range from twelve-million to forty-million. In fact, no one knows the actual number, and the estimates differ my more than more than one-hundred percent.

It is not possible to identify one homogeneous group among all these statistics. Therefore, there can be no singular solution to all of the consequences surrounding these issues. This article tries to identify one central area that needs addressing in order to bring some perspective on the issue at large.

A number of immigrants who have come to the United States are seriously seeking gainful employment. Their motives are honorable. They seek a better situation for themselves and their families. There is a need for their services. There is a need for laborers with their skills. They are willing to work for the prevailing market prices for the skills that they possess, and they have discovered that those market labor prices are much higher in the United States than in their native countries. Many seek employment only for a few years. Their intent is to return home after working in the United States for a few years and save up their money for a better situation back home.

Given the strong demand, and the willing supply of labor, one has to wonder why no intentional program exists to match up the laborer with the work. The details of the "why" question will not be discussed further, but it is sufficient to say that no intentional, large-scale program exists to date.

This lack of attention to such strong market forces is behind much of the illegal entry into this country. Perhaps the political forces are very strong, as well. This tension has, so far, yielded in favor of the political forces, which prefer to do nothing of consequence. It is now to the point where a critical mass of laborers have entered the United States in the absence of any program large enough to address the market demand. It is time for the politicians to get together with a plan or program large enough to relieve the strain on the system. There needs to be a worker program, whereby willing workers can enter the country to work for willing employers.

Canada has an efficient migrant worker program specifically to bring in laborers during the harvest season, and return them home for the remainder of the year. Models such as these need to be looked into as a starting point for a successful program to begin here. It is not necessary to start from ground zero.

There exists ways to move quickly and with political expediency in order to move toward a solution to illegal immigration. Once the willing workers are addressed, and the strain is removed from the market forces, the other issues should fall in line rather easily.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175)   Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion   Children of Green Card Holders to Be Given Priority for US Residency   

Why Does One Need an Immigration Law Attorney?

It's highly advisable that one has an immigration law attorney for themselves when the need arises. Let's take a look at why people should consider hiring an immigration attorney for themselves.

The process of getting immigration isn't a simple and short one. There are many complications when it comes to getting an immigration done. Apart from being lengthy, the immigration laws are changed frequently and the common man isn't usually educated about these law changes. The laws of immigration vary from country to country and they are changed keeping in mind the political climate of the country; whether there needs to be a tight or loose policy in letting foreigner comes in. only a lawyer would be well aware of these law changes and would be willing to dedicate however much time the process of immigration might take. Sometimes, the entire immigration process may take years to complete. With an attorney guiding you throughout the way, there are very few chances that you will go wrong.

There are times you will need referrals for immigration. It's not necessary that everyone needs one. You might need one because you aren't proficient in a language or lack something. The attorney will be able to provide you with referrals that will help you overcome the challenges you are facing with your immigration. The lawyers can recommend some practice sessions for the citizenship tests so that the process is easier for you to get through.

Some people need some preparation when it comes to presenting themselves in front of the immigration authorities. The lawyers will be with you every step of the way and can represent your case to these authorities. The lawyer will be able to represent your case fight in court for you to remain in the country, if you face the risk of deportation. The lawyer will also be able to guide you about how to answer questions and prepare you for hearings if there is a need.

When you have an attorney helping you with the immigration process, and your application for immigration is denied, the lawyer will be able to appeal against the denied application. The lawyer can file an appeal against the decision made and complete the paperwork that needs to be done. You are even saved from the risk of being deported immediately when you have a lawyer working for you. The appeal may take some time, perhaps several weeks or months, and during this period of time, your lawyer will be doing everything he possibly can to make sure the decision is in your favor.

These reasons are just the basic ones which will justify the need of having an immigration law attorney for yourself when you're going through the process of immigration. With an attorney on your side, you will be able to make the best decisions possible for yourself, because you'll be provided with the legal consequences of your actions before hand as well.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175)   Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion   Children of Green Card Holders to Be Given Priority for US Residency   

US K1 Visa

K1 Visa

A K-1 visa is a nonimmigrant visa which permits the fiancé(e) of a United States (U.S.) citizen (petitioner/sponsor) to travel to the U.S. and marry the petitioner. The marriage must take place within 90 days from arrival to the U.S. Since the K-1 visa holder is permitted to immigrate to the U.S. and marry, he or she must meet some of the requirements of an immigrant visa.

Pursuant to U.S. immigration law, fiancé(e) is defined as one who has received an approved Petition for Alien Fiancé(e), Form I-129F and to whom a nonimmigrant visa has been issued for travel to the U.S. in order to marry his or her U.S. citizen fiancé(e).

In general, the petitioner and his or her fiancé(e) must have met in person within the past two (2) years.

Processes Involved in K-1 Visa Application

Filing of I-129F Petition

The sponsor must file a Petition for Alien Fiancé(e) or I-129F Petition with the U.S. Citizenship and Immigration Services (USCIS). The petitioner should see to it that all information is correct and all documents are real and not forged. Otherwise, the petition will be disapproved. Worse, all future petitions of the petitioner will be jeopardized.

Upon approval by the USCIS, the petition is sent to the National Visa Center (NVC). The NVC will assign a number which will serve as an identification or reference number for the petition. Afterwards, the NVC will forward the petition to the U.S. Embassy or Consulate where a K-1 nonimmigrant visa is applied for.

Visa Application

If the beneficiary of the petition lives in Thailand and once the U.S. Embassy here in Bangkok receives the petition, specific instructions will be given to the Thai fiancé(e). Included in the instruction is the submission of certain documents and/or forms, where to go for the required medical examination and others as deemed necessary.

Also, eligible children of K-1 visa applicants may apply for K-2 visas to which a separate application must be submitted and a separate visa application fee is paid.

Processing time

The ideal processing time for K-1 visa is from six (6) to eight (8) months. The time frame varies depending on the personal circumstances of the petitioner and Thai fiancé(e) or caseload of cases with the participating U.S. agencies/offices.

If the petitioner is a member of the US military, the petition may be expedited and may take less than 6 months of processing.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175)   Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion   Children of Green Card Holders to Be Given Priority for US Residency   

The Diversity Visa Lottery

With the talk of immigration reform, there has been a lot of discussion of the diversity visa program. Some reform proposals call for the increase of visas available for graduates with advanced degrees in science and engineering, but at the expense of eliminating the diversity visa program. So, what is the diversity visa program?

The idea behind the program is to make visas available to people from areas of the world where few people have immigrated to the United States. Currently 50,000 visas are available on an annual basis. If a country has sent 50,000 or more immigrants to the United States in the last five years, then those born in those countries may not receive a diversity visa. Based on this criteria, ineligible countries include Canada, Mexico, the Philippines, the Peoples Republic of China, El Salvador, Haiti and South Korea. In fact the only country in North America where natives are eligible to receive a diversity visa is the Bahamas.

The diversity visas are distributed by region, with the regions sending the fewest immigrants to the United States in the previous five years receive the most visas. The regions which currently receive the most visas under the program are Africa and Europe. No one country can receive more than seven percent, or 3,500, of the visas available for that year. The visas are distributed at random.

To apply, a person enters the lottery online during the registration period. Winning the lottery does not guarantee that the applicant will receive the visa. Rather, the applicant must meet certain additional requirements. The applicant must have graduated high school, or have spent two out of the last five years in an occupation requiring at least two years' training or experience.

A person does not need to meet the eligibility requirements in order to apply online. This has led to a number of disappointed lottery winners. That is, a person wins the lottery only to learn that he or she does not have the required education or work experience to receive the visa.

The diversity lottery has been in existence since 1995. Critics have argued that the system is unfair, as there are thousands of aliens present in the United States on temporary work visas who have to wait years for an immigrant visa to become available, while diversity visa winners receive their permanent residency based solely on chance. Critics have also argued that the program is susceptible to fraud, and that through the lottery terrorists could enter the country.

The House of Representatives has voted to eliminate the diversity visa program in 2005. However, the bill was never passed in the Senate. In September of 2012, another bill was voted on in the House which would have eliminated the diversity visa program in order to increase the number of immigrant visas for graduates with advanced degrees in science and engineering. While the bill received a majority vote, it was brought up on the suspension calendar, it required a two-thirds majority to pass.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175)   Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion   Children of Green Card Holders to Be Given Priority for US Residency   

Laws Regarding Inheriting US Citizenship If You Were Born Between May 25, 1934 to December 23, 1952

In many situations, even though a child is born outside the US, if at least one parent was a US citizen at the time of the child's birth, the child automatically obtains US citizenship. The laws governing whether or not a child born outside US boundaries obtains US citizenship from his or her parents have been altered several times. The Law that was in effect on the date of the child's birth governs whether the child obtains US citizenship from a parent or grandparent.

In this article I go over the laws that apply to you if you were born between, May 25 1934 to December 23, 1952

Birth between May 25, 1934, and January 12, 1941

If you were born between May 25, 1934, and January 12, 1941, you obtained US citizenship at birth if both your parents were US citizens and at least one had lived in the US prior to your birth. The law at this time placed no additional conditions on retaining US citizenship obtained in this way.

You could also get US citizenship if only one of your parents was a US citizen, as long as that parent had a prior US residence. If your US citizenship came from one parent, you too would have been required to reside in the US for at least two years between the ages of 14 and 28 in order to keep the citizenship you got at birth. Alternatively, you could retain citizenship if your non-citizen parent naturalized before you tuned 18. Otherwise your citizenship would be lost.

Birth between January 13, 1941 and December 23, 1952

If you were born between January 13, 1941 and December 23, 1952 and both your parents were US citizens and at least one had a prior residence in the US you automatically obtained US citizenship at birth with no conditions to keeping it.

If only one parent was a US citizen, that parent must have lived in the US for at least ten years prior to your birth, and at least five years of those years must have been after that parent reached the age of 16.

With a qualified parent, you then obtained US citizenship at birth, but with conditions for retaining it. To keep your citizenship, you must have lived in the US for at least two years between the ages of 14 and 28. Alternatively, you could retain citizenship if your non-citizen parent naturalized before you turned 18 and you began living in the US permanently before the age of 18. As a result of a US Supreme Court decision, if you were born after October 9, 1952, your parent still had to fulfill the residence requirement in order to pass citizenship on to you, but your residence requirements for retaining US citizenship were abolished - you need not have lived in the US at all.

If your one US citizen parent was your father and your birth was illegitimate, the same rules applied provided that you were acknowledged before the age of 21 and you were unmarried at the time of acknowledgement.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175)   Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion   Children of Green Card Holders to Be Given Priority for US Residency   

The Dred Scott Case and the Fourteenth Amendment

The fourteenth amendment to the Constitution grants United States citizenship and also citizenship of the state where an individual is born to those born within the boundaries of this country. This amendment was adopted in 1868, as a means of securing the rights enacted in the Civil Rights Bill of 1866, following the end of the civil war. Both the Civil Rights Bill and the fourteenth amendment were a result of a Supreme Court decision reached in 1857, known as Dred Scott vs. Sandford, and had to do with the issue of citizenship for freed slaves.

Scott was a slave, born a few years before 1800, and owned by Peter Blow. He was taken by his owner, to Missouri, in 1820. Peter Blow died, and Scott was purchased by Dr. John Emerson, a United States army surgeon, and taken to Fort Armstrong, Illinois. Illinois was brought into the United States, in 1819, under the provision that slavery was forbidden in that state. Dr. Emerson was then moved to Fort Snelling in the Wisconsin territory, where slavery was "forever prohibited". During his stay in Fort Snelling, he married Harriet Robinson. Marriage was seen as a contract, and a slave could not enter into a contract, nor marriage. The entering of the marriage contract in a free territory was one of the main underpinnings of his claim of freedom.

Dr. Emerson was assigned to Louisiana, and en route, a baby, Eliza, was born on a boat on the Mississippi River, within the Iowa territory, which also prohibited slavery. Dr. Emerson later died in 1843, and for three years, he continued to work for his widow. When he attempted to purchase his freedom from his owner, she refused, and he began seeking legal recourse for obtaining his freedom.

The first case was heard in a court in the Missouri territory, which had been favorable toward slaves, and this was believed to be an easy case to win. However, on a technically of not providing a witness that he belonged to the widow Emerson, he lost his case. Higher courts refused to overturn the decision, and the case eventually reached the Supreme Court of the United States.

The questions that the Supreme Court sought to answer in three points. The first was whether or not Dred Scott had the ability to be heard in federal court, because he had not yet been proven to be a citizen in any state. The second was whether the United States could grant citizenship to a person not having first been granted state citizenship. The final question was whether or not living in a free territory was basis for claiming free status.

On the last point, the decision was that his return to the Missouri territory overrode the time he spent in free territories, and therefore, he was not a free man. The decision led to the eventual passage of the fourteenth amendment, which in part, overturned the ruling. The question remains today over who becomes a citizen under the fourteenth amendment.

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How to Obtain a Voluntary Departure From the United States: An Immigration Law Explanation

There is a little-known yet highly advisable form of relief available for noncitizens who are found to be "removable" from the United States. This form of relief is called "Voluntary Departure." The advantage of Voluntary Departure is that in many cases, there is not a bar to return to the United States if the noncitizen is otherwise eligible to return to the United States as an immigrant or nonimmigrant. That is, a noncitizen can come back to the United States without having a formal removal on his or her record. Of course, there is the obvious disadvantage, and that is that the noncitizen must actually and timely depart from the United States. Severe consequences result if a noncitizen fails to leave the United States: the noncitizen becomes ineligible for future Voluntary Departure, also becomes ineligible for other forms of relief from removal, and may incur thousands of dollars in penalties.

There are various stages at which a noncitizen may request Voluntary Departure. First, the noncitizen may request it before removal proceedings have been initiated. At this stage, the noncitizen's request will be made to the District Director of the Department of Homeland Security ("DHS"). Immigration & Customs Enforcement ("ICE"), an agency within DHS, may accept such a request at any of its field offices. Second, the noncitizen may request it after removal proceedings have been initiated, but prior to the removal proceedings' conclusion. At this stage, the noncitizen must appear at the Master Calendar Hearing ("MCH") and expressly request Voluntary Departure from the IJ. The IJ may grant Voluntary Departure within 30 days after the MCH or beyond that time if stipulated to by DHS. Third, the noncitizen may request Voluntary Departure at the conclusion of the removal proceedings. This third stage is more complicated than the first two; because at this stage, the noncitizen must show that he is ready, willing, and able to leave the U.S. at his own expense, that he is an has been a good person of moral character for the previous five years, has been physically present in the U.S. for a period of at least one year immediately preceding the service of the Notice to Appear, is not removable under certain sections of the Immigration & Nationality Act ("INA") because of having committed certain aggravated or security-related crimes, was not previously granted Voluntary Departure, and that he merits the favorable exercise of discretion. In addition, the noncitizen must show by clear and convincing evidence that he has the financial ability to depart the U.S. and that he intends to depart. In stages one and two, proving good moral character is not required.

Once you have been granted Voluntary Departure and you depart the U.S., there may be time limits on when you are eligible to legally return to the U.S. If you have lived illegally in the U.S. for more than 180 days but less than one year and you are granted Voluntary Departure by DHS (Stage 1, above) or leave on your own, you will be barred from returning to the U.S. for three years. If, with the same facts as above, you request Voluntary Departure from the IJ, you will not be subject to the three-year bar. If, on the other hand, you have lived illegally in the U.S. for over a year (continuously) and you are granted Voluntary Departure by DHS or the IJ, or you leave on your own, you will be barred from returning to the U.S. for ten years. In either the three-year or ten-year bar, there may be "hardship waivers" you may request to overcome the bar from returning.

This article is meant to be a primer only and does not constitute legal advice.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175)   Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion   Children of Green Card Holders to Be Given Priority for US Residency   

Using the EB-5 Immigration Entry to Retire in the United States

After reading a few case studies on couples from foreign countries who have chosen to retire in the United States, and who used the EB-5 "investors" entry as a means to gain entry, this story outlines some of the main considerations that some have made, and the possible outcomes obtained.

Our fictitious couple for the purpose of this article will be the Songlants. They had traveled in the United States over a period of twenty years for business, and grew accustomed to the small city way-of-life in North Carolina. They sought ways to come to the United States in their retirement years, and establish permanent residence here. However, the choices for entry through specialized employment did not offer the possibility of permanent residence status.

After seeking legal advice, they choose to look into the EB-5 immigration program. This visa program allows entry into the United States for those individuals who are able to form a business, such as a sole proprietorship or corporation, and hire at least 10 workers within a 2-year period. This program also requires a capital investment of at least 1 million dollars, in general, or a minimum of $500,000 in a rural area or area of high unemployment.

That is the general outline of the visa that they were considering. In order to make the minimum capital investment, they could sell their existing property and use the money to invest in a real estate property with rental potential. The property could also be used as a conference center, and house one or more store fronts.

After considering the options and evaluating the risks, the couple applied for their EB-5 and received approval within 6 weeks. They were able relocate and establish their business within 6 months, and began filling the rental properties soon after.

This story is a conglomeration of several actual occurrences where couples have entered the United States under the EB-5 for the purpose of retiring here. Some of the positive aspects of this program are the ability to gain status in the United States, and the relatively short period before approval.

Some of the negatives to this program are the risks involved in entering into a business venture, especially if one is not familiar with the small city culture in the United States. Being able to meet the minimal capital requirements may also present a challenge to those seeking this type of entry.

All-in-all, the EB-5 presents a reasonable option for foreigners to retire in the United States, and to obtain status in this country. With proper planning and a familiarity with the culture, this program has great value to attracting successful business investors into the country.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175)   Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion   Children of Green Card Holders to Be Given Priority for US Residency   

Grounds of Inadmissibility of US Immigration (Health Problems and Criminal Related Violations)

Grounds of inadmissibility of Immigrating to the US (Health Problems and Criminal related violations)

This article covers the grounds of inadmissibility for US immigration regarding health problems and criminal related activities.

Health Problems

1. Persons with communicable diseases of public health significance, in particular tuberculosis.

o There is a waiver available to the spouse, the unmarried son or daughter, and the unmarried lawfully adopted child of a US citizen or permanent resident.

o In addition, there is a waiver available to an alien who has been issued an immigrant visa, or to an individual who has a son or daughter who is a US citizen, or a permanent resident.

2. Persons with physical or mental disorders which threaten their own safety or the property, welfare, or safety of others.

o The special conditions are set by USCIS at its discretion.

3. Drug abusers or addicts

o There is no Condition of Waiver. However this doesn't necessarily include single use experimentation; it depends on the drug.

4. Persons who fail to show that they have been vaccinated against certain vaccine preventable diseases.

o The applicant must show either that he or she subsequently received the vaccine; that the vaccine is medically inappropriate for them (as certified by a civil surgeon); or that or that the vaccine administered is contrary to the applicant's religious beliefs or moral convictions.

Criminal and Related Violations

1. People who have committed crime

o Waivers are not available for commission of crimes such as attempted murder, conspiracy to commit murder, murder, torture, or drug crimes. Also, no waivers are available to persons previously admitted as permanent residents if they have been convicted of aggravated felony.

o Waivers for all other offenses are available only if the applicant is a spouse, parent, or child of a US citizen or green card holder.

o Another waiver possibility is if the only criminal activity was prostitution, or the actions occurred more than 15 years before the application for a visa or green card is filed and the alien shows that he or she is rehabilitated and is not a threat to US security.

2. Persons with two or more criminal convictions

o Same as above

3. Prostitutes or procurers of prostitutes

o Same as above

4. Diplomats or others involved in serious criminal activities who have received immunity from prosecution.

o Same as above

5. Money Launderers

o No waiver available under any circumstance

6. Drug offenders

o A waiver is only available for simple possession of less than 30 grams of marijuana. There may also be an exception for simple possession or use by juvenile offenders.

7. Drug Traffickers

o No waiver available under any circumstance

8. Immediate family members of drug traffickers who knowingly benefited from the illicit money within the last five years.

o There is no waiver; however this washes out after five years.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175)   Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion   Children of Green Card Holders to Be Given Priority for US Residency   

New US Green Card Lottery Swindle

The US Green Card lottery which is an official program conducted by the US Congress, grants 50,000 diversity immigrant visas to people from various eligible countries around the world. Entrants of the Diversity Visa lottery program and the people who seek to immigrate to the United States through the DV lottery program are defrauded by many fraudsters.

Such fraudsters contact the people and say that they had won the Green Card lottery. Fraudsters catch people who had applied for the DV lottery, just by cold-calling. People who had entered the program and who are unaware of such scam at times believe those fraudsters and are found to become victims of telephone fraud.

Numerous people in the United States receive such calls from different phone numbers and the callers try to convince the people saying that they had won the Green Card lottery though the caller does not know whether the individual has applied for the DV lottery or not. Moreover such fraudsters require money for that and they also convince the people and make them pay for nothing. Tellows, which is a global community website against telephone scams, was developed to work against such harassment.

Tellows allows everyone to report scam and it helps the people who are victims of such fraud. Phone scam is not only restricted to the United States and it is an international matter. Many other websites similar to Tellows provide protection to the people. Fraudsters who are aware of such services, plan new methods to defraud people. They do all this only to earn money.

In order to recognize Green Card lottery scam, the applicants must be aware of this program which is conducted by the US government. The registration for the DV lottery program is free and the only way to enter this program is by filing an online application. Furthermore, the US government does not contact the winners through mails or e-mails.

The entrant can get to know whether he has won the lottery only through the entrant status check on the E-DV website. Fraudsters who contact the consumers ask them to pay for this service which is actually free and they also try to obtain their bank details. Spam e-mails with such content are being sent to the people and they also defraud the people through their fake websites that are designed similar to the government website.

Fraudsters just call the people and state that they had won the Green Card lottery and ask them to pay a certain amount of money for further details and ask the consumer's credit or debit card numbers. Tellows warns the people of such telephone scam and online methods are considered to be more effective against scam as the internet users may look up unknown numbers before they could make a payment.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175)   Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion   Children of Green Card Holders to Be Given Priority for US Residency   

Filling Immigration Forms for Canada, US: What You Need to Know!

The immigration procedure necessitates much paperwork even as several rules and regulations have to be properly followed. In case you are shifting to, or filing a petition for a permit for--say Canada or the US--you will be required to fill-out many forms for immigration even as the entire procedure could be somewhat complex.

It is highly crucial to make certain that you fill-out the forms for immigration in an appropriate manner. In case there is something wrong with the paperwork, your petition for immigration or your permit may be refused or held-up remarkably, in the process, wrecking your overseas dreams, and disappointing you no end.

How to fill-out immigration forms for Canada, the US!

One of the most significant things to keep in mind while filling-out the immigration forms is that you require incorporating every piece of needed supporting paper. The petition could have a paper checklist which give details about everything which could be needed, even as what you require presenting will depend on the destination you which you could be filing a petition for, and also the kind of permit or immigration petition. In case you are not in a position to submit a paper/document with your petition, put forward a cover letter which informs the involved immigration about the missing document/ paper.

Strictly avoid leaving any vacant spaces on your forms--the reason being it could make the immigration official, who processes your petition, to feel that you have left out something unknowingly. You may write something, like not applicable, or NA, in a situation wherein the space is not valid in your specific case.

You must also have the reproductions of everything which you send across with your petition for immigration. This includes the petition for immigration. In a situation wherein the petition is lost, or something untoward occurs, you will be in a position to establish that you sent across it, in case you come-up with a reproduction of the slip for courier.

Role of registered/licensed immigration lawyers/attorneys

Getting a registered or licensed immigration attorney or lawyer evaluate your petition, prior to you send the same across, may also prove decisive and decide the fate of your application. Even as no one may really assure that your visa-petition would successfully make the cut, and help you get a visa, it's a fact that registered/licensed immigration lawyers/attorneys have an edge over those who may not be registered or licensed. When one uses the qualified services of the registered or licensed lawyers/attorneys, the chances of getting an approval from the concerned immigration authorities remain rather high.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175)   Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion   Children of Green Card Holders to Be Given Priority for US Residency   

Immigration For Medical Professionals: Permanent Residence Status

Each of the visa programs mentioned in our two recent articles (F-1, J-1, H-1B) is a temporary residence program (among which include also the O-1, TN and E-2 visas, which we will discuss in future posts). In other words, it only grants the foreign national the right to reside in the U.S. temporarily for a specified period of time (e.g., up to six years) or for a specified purpose (e.g., to attend medical school). This article will deal briefly with some of the primary ways one may obtain permanent residence status, particularly as it pertains to the employment options most often utilized by foreign-born physicians.

To obtain permanent residence status, a foreign national must establish a basis for this status. There are numerous bases for permanent residency, including amnesty, asylum, employment and relatives currently residing in the U.S. There is even a green card lottery. However, the most common basis for employment-based permanent residence is the labor certification. On this basis, a U.S. employer may sponsor a foreign national for permanent residence; provided that: (1) there are no U.S. workers to fill the position, and (2) the foreign national fits into one of the permitted classes of workers. For this purpose, physicians qualify as advanced degree professionals.

Another basis for employment-based permanent residency is the national interest waiver. To qualify, the person must be either (1) an advanced degree professional (i.e., U.S. equivalent master's degree or higher), or (2) an individual with an "exceptional ability." A person has exceptional ability if they possess a degree of expertise significantly higher than the ordinary. Furthermore, the foreign national must demonstrate that their prospective employment would advance a stated national interest of the U.S., such as improved healthcare, education or technological competitiveness.

The standards for demonstrating national interest are quite high. For instance, foreign physicians must demonstrate that their work in the U.S. would serve the national benefit to a greater degree than would the average U.S. physician. This is only usually the case with researchers and specialists. However, Congress has created a special national interest waiver program for foreign physicians. To qualify, a foreign physician must agree to practice primary care medicine in an underserved area for a period of five years.

Foreign physicians interested in research or teaching positions may be eligible for permanent residence as outstanding professors or researchers. To apply, the physician must have an employer sponsor (either a university or research facility) and demonstrate international acclaim as a researcher or professor.

Physicians can also self-sponsor as extraordinary ability aliens if they can demonstrate national or international recognition as a physician at the top of the field.

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Two and Four Stroke Engines - Fast and Simple Answers

Many years ago when I got hooked by motorcycles, I started to hear a lot about two and four stroke engines... It seemed there were (and there still are) strong opinions in pro and con of each of the engine types.

As Internet wasn't available, and as I was worried about other aspects or motorcycle riding back then, I left that question unanswered for a long time.

If this is your case or if your are interested in these two kind of internal combustion engines, in the next few lines I hope to give you a few fast answers and some resources to get more in depth information.

Just keep reading...

Here are some facts about two and four stroke engines:

TWO STROKE ENGINES

Cycle - Two Strokes:

1.- Compression (intake+compression)

2.- Combustion (combustion+exhaust)

Take a look at the cycle in: http://science.howstuffworks.com/two-stroke2.htm

Advantages of two stroke engines:

o The engine fires - spark plug ignites - once every revolution of the crankshaft.

o They produce twice the power than four stroke engines.

o They are much simpler than four stroke engines. Fewer parts to worry about.

Disadvantages:

o You have to mix two stroke engine oil with gas, and depending on your consumption, this might be expensive.

o They last less. Lubrication is not as efficient as in a four stroke engine with heavy oil.

o Do not use gas efficiently.

o Pollute more.

FOUR STROKE ENGINES

Cycle - Four Strokes:

1.- Intake

2.- Compression

3.- Combustion

4.- Exhaust

Take a look at the cycle in: http://science.howstuffworks.com/engine4.htm

Advantages of four stroke engines:

o Last longer than two stroke engines

o More efficient use of gas

o Pollute less than two stroke engines

Disadvantages:

o More complicated. Many more parts to worry about.

o Half as powerful as two stroke engines (for equivalent engines)

o Fires once every two revolutions.

If you want to learn more about two stroke and four stroke engines, take a look at the pages I mention above. You will find extensive information and diagrams that will solve all of your doubts.

Well I hope this gave you some basic information and helped you answer some FAQ about two and four stroke engines! :-)

Enjoy the ride!

Daniel Levy

Two and Four Stroke Engines - Fast and Simple Answers

Many years ago when I got hooked by motorcycles, I started to hear a lot about two and four stroke engines... It seemed there were (and there still are) strong opinions in pro and con of each of the engine types.

As Internet wasn't available, and as I was worried about other aspects or motorcycle riding back then, I left that question unanswered for a long time.

If this is your case or if your are interested in these two kind of internal combustion engines, in the next few lines I hope to give you a few fast answers and some resources to get more in depth information.

Just keep reading...

Here are some facts about two and four stroke engines:

TWO STROKE ENGINES

Cycle - Two Strokes:

1.- Compression (intake+compression)

2.- Combustion (combustion+exhaust)

Take a look at the cycle in: http://science.howstuffworks.com/two-stroke2.htm

Advantages of two stroke engines:

o The engine fires - spark plug ignites - once every revolution of the crankshaft.

o They produce twice the power than four stroke engines.

o They are much simpler than four stroke engines. Fewer parts to worry about.

Disadvantages:

o You have to mix two stroke engine oil with gas, and depending on your consumption, this might be expensive.

o They last less. Lubrication is not as efficient as in a four stroke engine with heavy oil.

o Do not use gas efficiently.

o Pollute more.

FOUR STROKE ENGINES

Cycle - Four Strokes:

1.- Intake

2.- Compression

3.- Combustion

4.- Exhaust

Take a look at the cycle in: http://science.howstuffworks.com/engine4.htm

Advantages of four stroke engines:

o Last longer than two stroke engines

o More efficient use of gas

o Pollute less than two stroke engines

Disadvantages:

o More complicated. Many more parts to worry about.

o Half as powerful as two stroke engines (for equivalent engines)

o Fires once every two revolutions.

If you want to learn more about two stroke and four stroke engines, take a look at the pages I mention above. You will find extensive information and diagrams that will solve all of your doubts.

Well I hope this gave you some basic information and helped you answer some FAQ about two and four stroke engines! :-)

Enjoy the ride!

Daniel Levy

Two and Four Stroke Engines - Fast and Simple Answers

Many years ago when I got hooked by motorcycles, I started to hear a lot about two and four stroke engines... It seemed there were (and there still are) strong opinions in pro and con of each of the engine types.

As Internet wasn't available, and as I was worried about other aspects or motorcycle riding back then, I left that question unanswered for a long time.

If this is your case or if your are interested in these two kind of internal combustion engines, in the next few lines I hope to give you a few fast answers and some resources to get more in depth information.

Just keep reading...

Here are some facts about two and four stroke engines:

TWO STROKE ENGINES

Cycle - Two Strokes:

1.- Compression (intake+compression)

2.- Combustion (combustion+exhaust)

Take a look at the cycle in: http://science.howstuffworks.com/two-stroke2.htm

Advantages of two stroke engines:

o The engine fires - spark plug ignites - once every revolution of the crankshaft.

o They produce twice the power than four stroke engines.

o They are much simpler than four stroke engines. Fewer parts to worry about.

Disadvantages:

o You have to mix two stroke engine oil with gas, and depending on your consumption, this might be expensive.

o They last less. Lubrication is not as efficient as in a four stroke engine with heavy oil.

o Do not use gas efficiently.

o Pollute more.

FOUR STROKE ENGINES

Cycle - Four Strokes:

1.- Intake

2.- Compression

3.- Combustion

4.- Exhaust

Take a look at the cycle in: http://science.howstuffworks.com/engine4.htm

Advantages of four stroke engines:

o Last longer than two stroke engines

o More efficient use of gas

o Pollute less than two stroke engines

Disadvantages:

o More complicated. Many more parts to worry about.

o Half as powerful as two stroke engines (for equivalent engines)

o Fires once every two revolutions.

If you want to learn more about two stroke and four stroke engines, take a look at the pages I mention above. You will find extensive information and diagrams that will solve all of your doubts.

Well I hope this gave you some basic information and helped you answer some FAQ about two and four stroke engines! :-)

Enjoy the ride!

Daniel Levy


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