Random Immigration Articles

HSMP changes in UK immigration rules may allow 2,500 Indian professionals to return

Wed, 23 Apr 2008 00:00:00 -0500

Due to the unlawful changes to the immigration rules, an estimated 2,500 highly skilled Indian workers were forced to leave Britain, but may now be allowed to return to the UK.

The changes were applied in November 2006 with retrospective effect to the Highly Skilled Migrants programme (HSMP). On the 8th of April 2008, to the relief of many an immigrant, these changes were struck down by the High Court as unlawful.

The HSMP Forum is the campaign group which spearheaded public and legal challenges to the government regulations.

It is currently working with the UK Home Office to ensure that those who were forced to leave Britain due to the controversial retrospective changes are allowed to return and take up employment under the HSMP.

"It is now the responsibility of the Home Office that those affected by the November 2006 changes should be allowed back into the country," Amit Kapadia of the HSMP Forum said. "We will be pursuing this with the government."

Kapadia said that an estimated 5,000 professionals, of which nearly half of them are Indian, were forced to leave Britain when the changes, seen as unlawful, were implemented, resulting in them not meeting the new criteria of the programme.

Under the HSMP scheme, points were allocated for age, educational qualification, salary and the UK Experience and UK Study.

But in November 2006, the Government effected changes in the HSMP programme under which the HSMP visa holders had to reappear for examination requiring higher annual income and had age restrictions to get their visa extended.

Kapadia stated that the HSMP Forum will work with the Home Office to ensure that the April 8 judgement was fully implemented. He added that if the judgement was not implemented in letter and spirit, the forum was at liberty to appeal.

On its part, the Home Office has accepted the judgement and also decided not to appeal against it, saying that it did ‘not intend to waste taxpayer's money with an appeal’.

In an email from Lin Homer, chief executive of Border and Immigration Agency, Kapadia was informed: "We are now urgently considering how to give effect to the judgement and will let you know the details as soon as we can. You will understand that we want to make sure that we have given these matters due consideration so that the remedies we put in place are clear and work as smoothly as possible".

If you are interested in UK immigration, you can find more information and advice by registered migration consultants on Migration Expert’s website.

If you would like to know which United Kingdom visa you qualify for, you can do our free online visa eligibility assessment, which will deliver instant results!

Read more about HSMP Work Visas

--
Rochelle works for Migration Expert UK, a global leader in online immigration services. For more information on our HSMP Visas, visit www.MigrationExpert.com/uk/ today.

Source: http://www.articletrader.com

Los Angeles Lawyer Dmitry Paniotto Offers Immigrants the Legal Help They Need

Thu, 19 Feb 2009 17:01:57 -0600

Dmitry Paniotto, founder and partner at Paniotto Law, is an expert in immigration law. Located near downtown Los Angeles, the Paniotto Law Firm excels in both the major fields of immigration law: court representation as well as permanent residency and visa applications. The United States legal system can be very complicated and confusing for the majority of people, who are not experts in law. Instead of trying to tackle the legal system alone, it is in an immigrant’s best interest to contact a legal firm that specializes in immigration law. Without the help of an immigration lawyer, families can be torn apart and unnecessary deportation can occur. A qualified deportation lawyer like Dmitry Paniotto knows the ins and outs of immigration law and can help immigrants achieve their goal, whether it be to avoid deportation, to obtain a particular type of visa, or to gain political asylum in the United States.

To help financially-strapped clients, Paniotto Law Firm offers a free consultation to all clients. During this initial consultation, Dmitry Paniotto will discuss the case with the client and determine the best way to proceed. Paniotto Law Firm has helped clients struggling with a wide range of immigration issues including gaining permanent residency, work visas, student visas, fiance visas and visas for victims of trafficking. Dmitry Paniotto also specializes in Board of Immigration Appeals from the decision of the judge in an immigration case, and from the decision of homeland security department officials. This includes administrative denial such as rejection of the adjustment of status application. The most common appeals addressed through the firm include deportation orders based on denial of asylum and the denial of adjustment of status. For immigrants who have been denied asylum or adjustment of status application, it is imperative to act quickly. If the appeal is not received by the Board of Immigration Appeals within thirty days, the appeal will be immediately dismissed. Paniotto Law Firm’s immigration attorneys can help create an effective appeal for their clients quickly to avoid this unfortunate possibility.

--
Paniotto Law Firm is specializing in both major fields of immigration practice : representation in immigration courts and application for visas and permanent residency in the US. based on political asylum, employment and family. Deportation proceedings in immigration court, deportation of illegal aliens, deportation of permanent residents with serious criminal record, deportation of illegal aliens who recently crossed the border, deportation of aliens who overstayed their visas, deportation of asylum applicants who were referred to immigration court by the Los Angeles asylum office, deportation of NACARA applicants who were found ineligible for NACARA relief and were referred to Los Angeles Immigration court – all these are deportation proceedings where representation of a qualified immigration lawyer may make a difference between staying in this country and being deported.

Source: http://www.articletrader.com

Illegal Aliens

Tue, 19 May 2009 15:31:28 -0500

Illegal Aliens - Three and Ten Year Bars

Minnesota Immigration Lawyers

The Immigration and Nationality Act (INA) section 212(a)(9)(B)(i) bars certain immigrants from returning to the United States if they accrued unlawful presence, i.e., were in the U.S. illegally. This means that if you have been in the U.S. illegally and then leave the country, you could be prevented from returning for several years. This applies whether the USCIS knows that you were in the country illegally or not. If you admit to being in the U.S. illegally or the Immigration Service learns of it, the bar applies.

What are the immigration bars?

If you were in the country illegally for more than 180 days but less than one year and then leave, you are barred from returning for three years. If you were in the U.S. illegally for one year or more and you leave, you will be barred for ten years. In addition to the 3 and 10 year bars, there is also a permanent bar you need to know about.

Permanent Bar - INA section 212(a)(9)(C)(i) permanently bars you from returning to the U.S. if you were previously in the U.S. illegally for a year or more, or were deported, left the country, and attempt to return without a proper visa. Anyone in this situation cannot even seek a visa to return for at least ten years. After the ten years has passed, you would still need a waiver to return; the visa issuance is not automatic merely because you stayed out of the country for ten years.

What should I do?

Call an immigration attorney before you leave the United States to discuss any possible bars on returning in the future. As you will see from the information above, it is the departure from the United States that triggers these immigration bars. This means that if we can fix your immigration status from within the U.S., the bars would not apply. Not all violations of the immigration law make one subject to these bars and therefore, an analysis of your situation is needed. In some instances there are waivers available that would permit you to come back before the three or ten year bar is reached, but waivers are beyond the scope of this article.

Minneapolis Immigration Lawyers can be reached at www.cundyandmartin.com .

--
Vincent P. Martin heads the Immigration Practice Group at Cundy and Martin, LLC. Vincent represents employers, business personnel, investors, families seeking to sponsor other family members, students, asylees, and those facing deportation with all areas of immigration law. Vincent has helped countless clients with work visas, family visas, and deportation defense.

Source: http://www.articletrader.com

The Growing Med Mal Problem

Tue, 27 Jan 2009 06:22:20 -0600

Each year the number of deaths attributed to medical malpractice is climbing with seemingly no end in sight. In fact, medical malpractice is the third highest cause of death in the U.S. today.

Medical malpractice is actually a much bigger problem than many people realize and even bigger than medical professionals want to admit. The latest statistics on the Internet show that roughly 225,000 people die each year as a direct result of medical malpractice. The main question really ought to be, what is anyone doing about it?

The scary thing about the statistics is that despite the rising numbers of deaths there are very few lawsuits filed. It appears that only 2% of the potential 225,000 claims for med mal actually make it as far as filing a medical malpractice lawsuit. Unfortunately, the numbers of plaintiffs who are awarded compensation is even smaller. This should not stop anyone who feels they have been a victim of med mal from stepping forward and speaking to a qualified med mal attorney.

Despite what you see on television and read in the papers, medical malpractice lawsuits should not be curtailed or reduced (as many politicians seem to want). More patients need to launch lawsuits to shine some light on the problem so it has the opportunity to be addressed, not hidden from the public.

If you don't think the numbers are really all that significant, consider these figures. An estimated 12,000 die due to unnecessary surgery; medication errors are responsible for roughly 7,000 deaths; and other medical errors account for approximately 20,000 deaths. This is just the tip of the iceberg. The numbers also account for close to 80,000 people nationwide who die from something called nosocomial infections they contracted in the hospital. Pretty staggering numbers aren't they?

Med mal can happen anywhere there are medical procedures performed and may involve a physician, nurse, nurse practitioner or lab technicians. While many people think medical malpractice is something enormous going wrong, it often begins with the smaller things like a wrong diagnosis, inaccurately read x-rays, misinterpreted tests, and the list goes on. Other larger, more horrendous errors, would involve such things as removing the wrong body part from the wrong patient.

If you suspect you have been the victim of medical malpractice, make it a point to call experienced legal counsel and discuss your potential case. They have the right kind of expertise needed to immediately evaluate the situation and advise you on how to proceed. Most initial consultations are free and this provides you with the opportunity to ask questions and get an initial understanding of medical malpractice law.

If you have a valid case, your attorney will take you through the steps for filing a med mal lawsuit against the proper parties – meaning a physician and/or their staff, hospital, facility or lab. Before a lawsuit is filed there is an attempt to come to some sort of an agreement with the defendant first. When all else fails, you will be bound for court.

--
Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Source: http://www.articletrader.com

Employers Get A Role In Immigration Control

Tue, 29 Jul 2008 00:00:00 -0500

Sean Kehoe, Senior Partner at personal injury law firm Advance Legal, has said:

"The problem of illegal migrant workers has pre-occupied ministers over the last few years and the result is a raft of new measures that could increase costs for employers and present some difficult legal dilemmas.

New penalties for employing illegal workers came into force on 29 February 2008. Employers could face a two-year jail term or a fine of up to £10,000 for each illegal worker they hire.

February 29 also saw the introduction of the new Australian style points based immigration system in which foreign workers from outside the EU will be categorised depending on their skills and qualifications.

Foreign workers wishing to work in Britain will be placed in five groups with highly skilled workers in Tier 1 and those with lower qualifications in tiers 2 and 3. Students and temporary workers will be in tiers 4 and 5. Applicants will need to achieve a certain number of points depending of their skills and suitability before they will be given clearance to remain in the UK.

Employers wishing to hire workers in certain tiers will need to have a sponsor licence. The fees are still being set but it’s proposed they should be between £300 and £1000 depending on the size of the firm. Sponsoring firms will then be expected to inform the Border and Immigration Agency if the sponsored employee fails to turn up for the first day of work or terminates his contract.

The agency says it will take compliance seriously and will be prepared to make robust checks on job roles, qualifications and salary. Breaches of the rules could lead to firms being prevented from employing migrant workers.

Even firms that don’t employ or intend to employ migrant workers are likely to be affected by the Government clampdown on illegal workers. The prospect of a jail term or a £10,000 fine for each illegal worker employed means firms need to be careful when taking on staff.

The present law provides employers with a statutory defence against hiring illegal workers if they check and record certain specified documents belonging to potential employees.

This will continue under the new system. However, if employers wish to retain the defence they will be required to undertake repeat document checks at least once a year for employees who have limited leave to enter or remain in the United Kingdom. As is currently the case, the defence will not apply where an employer knows that they are employing an illegal migrant worker.

The problem here is that in making such checks employers could leave themselves open to allegations of racial discrimination.

The Government recognises the dilemma and so the Border and Immigration Agency has offered the following advice:

"It must not be assumed that someone from an ethnic minority is an immigrant, or that someone born abroad is not entitled to work in the United Kingdom."

"Employers who refuse to consider anyone who looks or sounds foreign are likely to be unlawfully discriminating on racial grounds. If document checks are carried out only for prospective employees who by their appearance or accent seem not to be British, this too may constitute unlawful racial discrimination."

"Where complaints of racial discrimination are upheld by a Tribunal, employers can be ordered to pay compensation for which there is no upper limit. Employers have a legal duty under current race relations legislation to avoid unlawfully discriminating on racial grounds and are therefore advised to undertake document checks on every prospective employee. The best way for employers to make sure that they do not discriminate is to treat all job applicants in the same way at each stage of their recruitment process."

Employers could be forgiven for thinking they face a legal minefield whichever way they turn but with the potential penalties so high it is vital that correct procedures are followed."

--

Advance Legal specialise in all kinds of employment and personal injury claims. Because they are qualified solicitors you can relax in the knowledge that you have a specialist law firm acting for you

Employment Claim

Source: http://www.articletrader.com

Overview of the Marriage Visa process

Wed, 17 Jun 2009 23:57:21 -0500

Immigration attorneys are your go to men whenever you need to file for your visa to the USA. When the visa involved is marriage visa and related to your loved one who happens to be a US citizen then it is always advisable to go to the immigration attorneys as they have the required know how and expertise in the field. They would provide you the foolproof method for securing your visa. For marriage visa your spouse has to be a US national. Then your spouse will file the visa on your behalf.

The required documents are Form I-130 and approved Form I-129F. You also need to have passport that should be valid for at least six months after the date of your visa interview. Supporting documents include the marriage certificate given by the government or any other proof that is legally valid in the foreign country. Then the marriage photographs along with birth certificate, educational documents and any proof of your relationship with your spouse from the times much before marriage will come in very handy.

The fee for the application is 355 USD and for the appointment the fee varies from 300 to 500 USD depending the varying costs incurred by the different consulates. After filing the application to the time of consular interview the time period today is around 8 months. As this is quite a lengthy span of time and you do not want to see any addition into this time length of visa process so you should get the reputed attorneys to handle your case.

Before submission make sure yourself that your application is filled properly and all the documentation attached is true and free from any kind of forgery. Along with this also decide whether for your children (if any) you would be filing the visa along with your application or at a later stage. As for children there is an age limit (for children it is 21 and step children it is 18 years) till they can get dependent visa.

--
Visit us to get more information on topics like immigration attorneys and marriage visa.

Source: http://www.articletrader.com

Are You Required to Renew Your Green Card?

Mon, 05 May 2008 00:00:00 -0500

Jacobson & Han LLP
Los Angeles Immigration Attorneys
Full Service Immigration Law Firm
Serving Clients Worldwide
THREE LOS ANGELES OFFICES DEVOTED EXCLUSIVELY
TO THE PRACTICE OF IMMIGRATION LAW

Are You Required to Renew Your Green Card?

By Attorneys Nikki Mehrpoo Jacobson & Susan S. Han
Jacobson & Han LLP, Immigration Attorneys
www.GreenCard4You.com
(213) 620-0222

“Green Card” refers to the official card issued by the U.S. government to those who become lawful permanent residents (immigrants) as evidence of their authorization to live and work in the United States. It is officially called Form I-551, the Permanent Resident Card (formerly known as the Alien Registration Receipt Card). It is commonly called the Green Card not because of its current color, but because of the original color of the card many years ago.
The “Green Card” is evidence of your status as a lawful permanent resident with a right to live and work permanently in the United States, as long as you do not violate any immigration laws. A “Green Card” instantly communicates to law enforcement officials and United States employers the person’s legal status in accordance with United States immigration laws.
In August 1989, the Immigration and Naturalization Service (INS – now USCIS) began issuing “Green Cards” with a 10-year expiration date and required permanent residents to renew their Green Cards every 10 years. In addition, a “Green Card” that is too old, with out-of-date photographs or is damaged, cannot effectively serve as evidence of current immigration status, registration, identity, and employment authorization or re-entry documents. Current Green Cards have an expiration date stated on the front of the card and expire every ten (10) years. The USCIS puts a 10-year expiration date on “Green Cards” for Permanent Residents, not Conditional Residents (2-year expiration date), to protect against counterfeiting and tampering and to ensure that those individuals who may now be inadmissible, removable or deportable are brought to the attention of USCIS.
Green Card holders will not necessarily lose legal status in the United States if their card expires; however, permanent residents are required by law to carry evidence of their current legal status at all times (e.g. a valid, unexpired Green Card or the temporary proof of status you receive at the time of filing to renew your Green Card.) If permanent residents fail to renew an expired or expiring card, they may experience difficulties in obtaining employment, public benefits and re-entry into the United States after traveling abroad. It is important to note that USCIS will not penalize applicants for renewing their “Green Card” after it has expired, but applicants should apply to renew their “Green Cards” as soon as possible. Furthermore, under no circumstances should a permanent resident travel abroad with an expired card unless he or she has proof that a renewal for the Green Card was filed with the USCIS and is able to show proof upon entry back into the U.S.
“Green Cards” issued between 1979 and 1988 which did not state a specific expiration date did not be renewed because there was no expiration date. Lawful permanent residents who hold these permanent resident cards with no expiration date may replace their cards now, but there is currently no requirement to do so. It is important to note that these cards are now between 17 and 30 years old and are possibly damaged and with outdated photographs.
On August 22, 2007, the USCIS announced a proposed rule that all lawful permanent residents with cards with no expiration date must apply and obtain new “Green Cards.” This proposed rule in no way affects the current validity of these permanent resident cards. Permanent residents who possess these cards may continue to use them as proof of permanent residency when traveling, when seeking employment, and at any time such proof is required. However, the USCIS is seeking to terminate “Green Cards” without an expiration date. USCIS believes that the replacement of these cards is vital to the security of the immigration process. The change would allow USCIS to issue more secure, tamper-resistant permanent resident cards, update cardholder information, conduct background checks, and electronically store applicants’ fingerprint and photographic information so as to provide better evidence of the identity of the cardholders.
To renew your Green Card, you must complete and submit a Form I-90 "Application to Replace a Permanent Resident Card." Form I-90 applications to renew “Green Cards” may be submitted by mail or online at the USCIS website (www.usicis.gov). All applicants are required to provide current biographic and biometric (photographs and fingerprint) information. If an applicant cannot afford the necessary USCIS filing fee, he or she may request a fee waiver according to standard procedures. The specific requirements and procedures for applying to renew an expiring permanent resident card are set forth in the Code of Federal Regulations [CFR] at 8 CFR § 264.5.
Currently, processing times for the adjudication of I-90 applications, without any immigration issues, is usually 6-12 weeks. However, processing times can vary for each applicant based on particular facts. If you are outside of the United States at the time of the card’s expiration and you have not applied for the renewal card prior to your departure, you should contact the nearest American Consulate or Embassy, USCIS office, or Port of Entry before attempting to return to the United States or filing Form I-90 for a renewal I-551 card. The USCIS encourages eligible residents to also consider applying for naturalization.
If a “Green Card” holder has had any criminal convictions after obtaining lawful status or has any legal concerns, it is extremely important to seek legal advice prior to filing for renewal or Naturalization. Many applicants discover the consequences of applying for renewal or Naturalization only after they have been placed in Removal (Deportation) Proceedings.

Jacobson & Han LLP
Los Angeles Immigration Attorneys
Full Service Immigration Law Firm
Serving Clients Worldwide
THREE LOS ANGELES OFFICES DEVOTED EXCLUSIVELY
TO THE PRACTICE OF IMMIGRATION LAW
www.greencard4you.com

--
www.greencard4you.com

Source: http://www.articletrader.com

Mail Theft, the Number One White Collar Crime

Mon, 13 Apr 2009 02:23:08 -0500

You might not know this, but when you find out the reasons for mail theft being about the number one white-collar crime, you'll understand why. One in three cases of identity theft happens when mail is stolen.

You'd think with all the postal security in place in the U.S., there would not be any way someone could just coolly walk off with all sorts of mail containing people's personal information. Security aside, it is rather difficult to track and keep over 668 million pieces of mail daily. Yes, daily. That is a lot of mail sent from one end of the country to the other and back again. Honestly, most of it does get to where it is supposed to go, but unfortunately some of it is lost prior to delivery.

Just last year it appears the mail theft business was a busy one, as U.S. Postal Inspectors managed to arrest over 6,000 suspects. Many of these suspects were accused of pilfering mail right off the postal trucks, out of collection boxes, right out of apartment mailbox panels, neighborhood delivery/collection boxes, etc.

Theft of U.S. mail happens in a blink of an eye and in a manner which most people would not pay attention. For instance, it only takes a split second to briskly walk up someone's driveway, open the mailbox, swipe the mail and leave, with a handful of things like credit card statements, utility bills, loan applications and bank statements. There goes your identity.

What do you do to put a stop to this white-collar crime? Well, step number one is putting a lock on your mailbox; a total pain, but worth it if it prevents someone from stealing your identity and messing up your credit history. Make sure the lockbox is sturdy and designed to prevent theft, otherwise a patient thief will only take a few seconds to get it open.

While it may sound hilarious and border a bit on the ridiculous, your mailbox is now almost as important as Fort Knox, with about the same level of protection in the newer boxes. They're now being made in solid weatherproof material, are welded together instead of using pop rivets, and are tamper and wrench proof. Now that's a mailbox. Short of the thief taking the whole mailbox (and it has happened) your mail should be relatively secure in one of these newer security conscious models.

Step number two is to take all outgoing mail to a postal drop box yourself. Don't leave it in the mailbox for the postman to pick up. These are small things that may make a huge difference in whether or not you have your mail pinched, a theft you would rather not happen, as it takes approximately 44 months to recover from having your identity stolen.

--
Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more, visit http://www.wannamakerlaw.com.

Source: http://www.articletrader.com

New York Immigration Lawyer

Mon, 07 May 2007 00:00:00 -0500

Immigrating to New York is a formal process, which is to bee very carefully. New York immigration lawyer can help you to better understand those formalities and guide you how to proceed with those formalities. If you are planning to immigrate to New York it it highly recommended that you consult a New York immigration lawyer. New York immigration lawyer not only help you to complete the formalities for New York immigration she also tells you about the country you are immigrating. For examples New York immigration lawyer tell you about the culture, weather condition living standard, etc about the New York. With this information you can plan that if you really want to immigrate to New York or not.

Most of immigration policies are designed and developed according to the country needs. And moreover they keep changing time by time. You can always get the latest immigration rules and details regarding the procedure and eligibility by the immigration lawyer. A good immigration lawyer will always have the up to date information about the country’s immigration policies set by the government. She will give you the required documentation about the New York immigration so that you can study it and see yourself what are the possible issues involved immigration. In some cases it has been found that collecting information for New York immigration is a headache. Many time people do fail to collect the relevant immigration information. In such a case New York immigration lawyer could be a great help.

Many people also like to do the immigration formalities like filling up the document and submitting the additional copies of document by themselves without consulting the New York immigration lawyer. Doing so also result in a major failure. It is possible that you might miss some immigration document and may do some common mistakes while filling up the documents for immigration. Immigration lawyer will tell you precisely which element are to be filled in the application, how to better declare your information within the documentation, what document to attach with the application, etc. She will also review you document so that they are error free and there are minimum chances of failure or rejection.

--
The Carl Garcia by a new York immigration lawyer will always minimize the chance of rejection while immigrating to new York.

Source: http://www.articletrader.com

Immigration Services to Canada- For the New Comers

Fri, 12 Jun 2009 05:47:14 -0500

Are you dreaming of relocating to live in Canada? If you are then you can seek for the immigration services to Canada. Canada is actively seeking for skilled workers to move to the nation and offers free healthcare and education to its citizen. One can have an excellent standard of living in this country. So, if you have decided to start a brand new life in Canada, read on to how you can turn your dream into reality.

Before deciding to immigrate to Canada, you need to determine if you are eligible for a residency visa. If you have any family member already residing in Canada they can easily sponsor you. And if you are thinking of starting a new business there are good chance of getting a visa for entry. Your chances of getting a visa will be doubled up if you are a skilled worker with qualifications or experience in a particular trade or profession. If you speak fluent English, have a clean criminal record and are of working age, or want to immigrate to Canada for advanced education then you have a fair chance of acceptance in Canada.

You can start your search for visa by going through the number of online immigration service providers. You can look on the Canada immigration websites and decide the visa that you want to apply for. There are various immigration services to Canada that will assist your relocation and as a part of their service they will also help you choose the right way to apply for a visa. Each country has their own set of rules and application procedure and requirements when applying for a visa. So, go through them carefully before you apply.

Right after filling in the form you will have to wait for a few months to get it approved. Choosing the right immigration service provider will enable you to get hold of your visa fast.

--
Dinesh is an expert of Immigration Services in New Delhi. His expert tips and advices can help readers about study abroad and student visa procedures. For more information about Study Abroad, University Education abroad, Eminent Immigration Services please visit on http://www.eeais.com

Source: http://www.articletrader.com