Dare not to Immigrate a Family Mate to NYC without Consulting an Immigration Lawyer - II

(This article is in continuation to the previous article under same title that explained the Family Immigration visa options.)

United States of America, a motherland of millions, working place of billions and dreamland for trillions, has very few legal doors for entry, after some intruders tried to invade its peaceful ambiance by attacking at New York City. Now, the regime of United States is very strict with its visa issuing and one has to pass through a streamed pipeline before actually getting an approval stamp on his passport. Now the question here is, “do one really needs the support of an immigration lawyer NYC firm or is it just fine to refer some blogs written by the immigration lawyers NYC firms before applying a family visa?”

The instant answer to the query is, dare not to immigrate a family mate to USA without consulting an immigration attorney. Here, I would like to share the extracts that I grabbed from a discussion held between an immigration lawyer and a person who was narrating his case and seeking answers of his questions from the attorney.

Immigration lawyer:Let us begin your application for immigrating your spouse and son. Please tell me, are you expecting your citizenship in coming few months?

Questioner: No, not in near future, I will qualify the criteria of a US citizen probably after one and half year or so. But why did you ask it?

Immigration lawyer: Alright, I asked so because I want to make sure that you won’t require updating your petition in that case, which is an obligatory requirement in case a status changes and along with that your case will be transferred from family second preference to immediate relative category.

To start with you application, let me explain you, how this goes:

* The first thing is filling a petition for alien relative, using Form I-130 with USCIS department

* If the department approves your petition, you will be then asked to proceed to second step, where your petition will be pre-processed by NVC and you will be asked to submit fees. After you pay appropriate fees, NVC department will instruct you to submit affidavits of support, civil documents, application forms and visa application for further processing

* Third step after NVC’s review is the interview. NVC will forward your case file to US embassy or consulate and you will have to sit in an interview with embassy officials. Like other cases of immigration interview, you will be asked to substantiate your documents and you will be instructed to give digital fingerprint scan.

* You need to get yourself checked with medical examinations and vaccinations requirement before you make yourself appear for the interview and this must be performed by an authorized physician.

Questioner: Thanks for this useful information, now I must say that relying only on the blogs written by some immigration lawyers NYC firms are not sufficient for such complex cases; one should visit an immigration lawyer NYC office for converting his petition in a visa stamp.

Know more about Unlawful presence and bans through an immigration Lawyers firm in NYC

The federal immigration rules in the United States have been devised in order to deter any unlawful entry or immigrants overstaying on their visas. Thousands of immigrants from around the globe call New York City their home. They may require help with complicated immigration matters from time to time. An immigration lawyers NYC firm provides guidance to those entangled in complex immigration issues. Overstaying is one of the common problems among many immigrants. Let us know more about unlawful presence and imposition of specific ban by an immigration lawyer NYC practice.

What is unlawful presence?

In simple words, an unlawful presence means overstaying in the United States after the visa has expired. This overstaying results in serious penalties being imposed by the immigration authorities in order to deter anyone from staying unlawfully in the United States.

What are the exceptions to the conditions of Unlawful presence?

There are certain exceptions to the conditions of the unlawful presence. Immigrants falling under certain categories are treated as exceptions that may include those

-          Who are awaiting asylum status and have submitted a form with U.S. Citizenship and Immigration Services (USCIS)

-          Are under the age of 18 years

-          Awaiting adjustment of status

-          A child or a spouse who has undergone abuse

-          Victims of trafficking

What are the conditions of being banned entry from the United States?

An unlawful or overstaying is penalized by the immigration authorities by the imposition of a three-year or a ten-year ban on them. Many factors determine the position of this ban in which the visa as well as the green card are denied to an individual. The section 212 of the Immigration and Nationality act (INA) contains a comprehensive list of all the reason a ban could be imposed on an immigrant. There are three conditions of the immigration authorities for those found to be overstaying. These are –

a.    A ban of three years is imposed on those having an unlawful presence that may amount no more than 180 days and if there is, no immigration procedure of removal has been started against the individual.

b.    A ban of ten years is imposed on those having an unlawful presence that may amount up to no more than 365 days and if there is, no immigration procedure of removal has been started against the individual.

c.    A permanent ban is imposed on those individuals who have unlawfully resided in the United States for more than one year. This also arises in situations where the deportation process has already been initiated against the individual along with cases in which the individual has made an attempt to renter the United States.

Michael Wildes on Good Day New York about George Wright and his Portugue...

In New York City, an Immigration Lawyer can Guide in Matters of Tax Liabilities of Visa Holders

The payment of tax is considered as an important responsibility of a United States Citizen. Thousands of immigrants that enter the nation every year are liable for the payment of taxes. The city of New York is home to many non-immigrants being the financial capital of the nation. These non-immigrants may seek the guidance of an immigration lawyer NYC firm on the payment of taxes.

In the section below, an immigration lawyer suggests when the visa holders should file their taxes in the United States -

1. A non-immigrant visa holder one does not have the rights as a permanent resident of the United States is entitled to. However even a nonimmigrant is obligated to the payment of taxes and is governed by the various immigration laws.
2. The time spent in the United States is decisive of whether a nonimmigrant is responsible to pay taxes or not. If the total number of days spent by a nonimmigrant in the United States is more than 183 days then he/she is liable for tax payment.
3. Tax liability is not applicable if the individual has spent lesser than 30 days in the United States. There are certain rules that govern the total number of days spent in the US. In the current fiscal year each day is counted as one, in the previous year each day is counted as one third and in the second previous year as one sixth.
4. A nonimmigrant can avoid being a taxpayer if he/she pays his/her taxes in their home country. This along with a stay in the United States of lesser than 183 accounts to exemption of tax for a nonimmigrant.
5. In case of a tax treaty between the country of residence of the nonimmigrant and the United States, the tax rules are not applicable. An immigration lawyer NYC firm provides useful guidance to non-immigrants on tax related matters.
6. A tax immigrant has to pay tax to the US government and report his/her entire worldwide income along with paying taxes on the same. A failure to pay the taxes may instigate a criminal offence against the nonimmigrant visa holder.

Get assistance from an immigration lawyer NYC law firm Wildes & Weinberg P.C., which is New York City’s Preeminent Immigration Law Firm and has a well-deserved reputation for excellent immigration legal work; founded upon its fifty-year reputation for excellence and its success in thousands of cases in all areas of immigration process. Its main office is located in 515 Madison Avenue, New York City, Telephone: 212-753-3468. Please visit the website www.wildeslaw.com for further information.

For Dual Citizenship, Always Seek Assistance from an Immigration Lawyer in NYC

The United States is a land, which is a hope for a better life for millions of people around the globe. Every year, millions of people come to the United States and many may become permanent citizens in the longer run. New York City, being the financial hub of the nation has many naturalized citizens or permanent citizens. Those looking to gain advice on immigration matters can get help from an immigration lawyer NYC firm.

Many naturalized citizen do not want to let go of the passports of their home countries, such cases require a dual citizenship. An immigration lawyer can assist in the matters related to dual citizenship; let us know more about it.

The concept of dual citizenship is treated to be important by many immigrants due to various reasons. This may include a bonding with the country and a reluctance to give up the passport and its added advantages. Many countries have laws that deny important services related to pension and healthcare in case an individual gives up his/her passport. Therefore, in such cases, a dual citizenship may become the most viable option for an immigrant. Many countries including the United States and European countries allow a dual citizenship to an individual.

Those looking for dual citizenship in the United States do not require following any specified procedures in order to get a dual citizenship after becoming a naturalized citizen of the United States. A naturalized citizen owes allegiance to both the United States as well as the home country. The common reasons for those applying for a dual citizen may include-

• Tax considerations as the United States government taxes any foreign income that has been earned abroad
• Freedom of movement to travel and stay in the country an individual desires
• Work benefits that may include the right to work and earn an income from the United States or the home country
• Those looking to get the various benefits they earn being a citizen of both the countries

An immigrant first needs to become a permanent citizen of United States for enjoying the benefits of dual citizenship. The process of becoming a legal citizen may require the guidance and representation of an immigration lawyer NYC firm. The US government does not sanction dual citizenship formally and an individual needs to crosscheck whether his/her home country allows dual citizenship or not.

Get assistance from an immigration lawyer NYC firm Wildes & Weinberg P.C., which is New York City’s Preeminent Immigration Law Firm. Its main office is located in 515 Madison Avenue, New York City, Telephone: 212-753-3468. Please visit the website www.wildeslaw.com for further information.

An Immigration Lawyer provides Guidance on seeking Employment Authorization in NYC

The United States is a land of equal opportunities for people around the globe. Millions harbor the dream of this land for excellent life-changing opportunities. Many immigrants who get a Visa to enter the United States eventually settle in the bustling city of New York. In case of any issues, these immigrants may seek assistance from an immigration Lawyer NYC firm.

Many immigrants are in the stage of applying for a United States Permanent Resident Status and may not have the authorization to work in the United States. In the Section below, an immigration lawyer from New York City guides about employment authorization.

1. The form I-485 is useful for those looking for employment authorization while waiting for their permanent residency status. This form is filled with the department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS). The I-485 form could be included in the application made for permanent resident status in the United Sates.

2. In cases where the application for employment authorization form is attached with the adjustment of status, no extra fees have to be paid. There are various cases where the fees are exempted. These may include rufugess, asyless, N-8, N-9 non-immigrants, those granted withholding of removal, dependants of various visas and applicants for asylum.

3. Employment authorization may not be granted until an individual has applied with the I-485 form, or has a prior non-immigrant visa that authorizes work for any specific employer. However, the filling of the employment authorization is optional and is applicable only for those wish to be employed in the United States.

4. It is important to note that unauthorized employment is prohibited by the United States immigration authorities. Even work done from home or using the internet is considered as an unauthorized employment.

5. The United States Citizenship and Immigration Services (USCIS) may take exception for up to 18-0 days of unauthorized employment. In case an individual has worked for more than 180 days, it leads to the denial of the I-485 form. Exceptions to this rule could be made for some applicants based on their type of employment.

6. An immigration Lawyer NYC firm helps those looking forward to achieve an employment authorization and seeking guidance in their immigration issues.

Get assistance from an immigration Lawyer NYC law firm Wildes & Weinberg P.C., which is New York City’s Preeminent Immigration Law Firm and has a well-deserved reputation for excellent immigration legal work; founded upon its fifty-year reputation for excellence and its success in thousands of cases in all areas of immigration process. Its main office is located in 515 Madison Avenue, New York City, Telephone: 212-753-3468.

Please visit the website www.wildeslaw.com for further information.

An Immigration Lawyer provides Guidance on seeking Employment Authorization in NYC

The United States is a land of equal opportunities for people around the globe. Millions harbor the dream of this land for excellent life-changing opportunities. Many immigrants who get a Visa to enter the United States eventually settle in the bustling city of New York. In case of any issues, these immigrants may seek assistance from an immigration Lawyer NYC firm.

Many immigrants are in the stage of applying for a United States Permanent Resident Status and may not have the authorization to work in the United States. In the Section below, an immigration lawyer from New York City guides about employment authorization.

1. The form I-485 is useful for those looking for employment authorization while waiting for their permanent residency status. This form is filled with the department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS). The I-485 form could be included in the application made for permanent resident status in the United Sates.

2. In cases where the application for employment authorization form is attached with the adjustment of status, no extra fees have to be paid. There are various cases where the fees are exempted. These may include rufugess, asyless, N-8, N-9 non-immigrants, those granted withholding of removal, dependants of various visas and applicants for asylum.

3. Employment authorization may not be granted until an individual has applied with the I-485 form, or has a prior non-immigrant visa that authorizes work for any specific employer. However, the filling of the employment authorization is optional and is applicable only for those wish to be employed in the United States.

4. It is important to note that unauthorized employment is prohibited by the United States immigration authorities. Even work done from home or using the internet is considered as an unauthorized employment.

5. The United States Citizenship and Immigration Services (USCIS) may take exception for up to 18-0 days of unauthorized employment. In case an individual has worked for more than 180 days, it leads to the denial of the I-485 form. Exceptions to this rule could be made for some applicants based on their type of employment.

6. An  immigration Lawyer NYC firm helps those looking forward to achieve an employment authorization and seeking guidance in their immigration issues.

Get assistance from an  immigration Lawyer NYC law firm Wildes & Weinberg P.C., which is New York City’s Preeminent Immigration Law Firm and has a well-deserved reputation for excellent immigration legal work; founded upon its fifty-year reputation for excellence and its success in thousands of cases in all areas of immigration process. Its main office is located in 515 Madison Avenue, New York City, Telephone: 212-753-3468.

Please visit the website www.wildeslaw.com for further information.