Articles Posted in Global Immigration Stories

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In this post, Attorney Jacob Sapochnick Esq,  will address one of our most frequently asked questions for Same Sex Marriage and Green Cards: Is Proof of Real Marriage Required, Standard of Proof?

Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013:

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

What about immigration benefits other than for immediate relatives, family-preference immigrants, and fiancés or fiancées? In cases where the immigration laws condition the benefit on the existence of a “marriage” or on one’s status as a “spouse,” will same-sex marriages qualify as marriages for purposes of these benefits?

Yes. Under the U.S. immigration laws, eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse.” Examples include (but are not limited to) an alien who seeks to qualify as a spouse accompanying or following to join a family-sponsored immigrant, an employment-based immigrant, certain subcategories of nonimmigrants, or an alien who has been granted refugee status or asylum. In all of these cases, a same-sex marriage will be treated exactly the same as an opposite-sex marriage.

For more information click here to go to our website. For legal advice please contact our office. Also remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  will explain the process of immigrating a foreign spouse to the United States utilizing ShowMe drawing technology.

The first part of the process is to file the marriage petition I-130 with USCIS.

Once approved, the following steps take place after you have submitted all required forms and documents to the NVC: 

Step 1

If you are the beneficiary of an I-130 petition, you should contact your petitioner to ensure that they have completed Affidavit of Support Processing.

Step 2

Once the NVC has received your forms and documents, the NVC will review your immigrant visa application and may request additional information from you.

Step 3

Approximately one month before your visa interview appointment, you will receive an appointment letter containing the date and time of the interview, along with instructions for obtaining a medical examination.

For more information on filing an I-751 Waiver please contact our office. Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this video Attorney Jacob J Sapochnick Esq., discusses potential visa pathways for foreign entrepreneurs. Non-immigrant visa pathways may allow foreign entrepreneurs to explore or start a new business in the United States. The immigrant visa pathways may allow foreign entrepreneurs who have already started or are about to start a new business in the United States to immigrate permanently to the United States.

For more information about visa options for entrepreneurs please contact our office.

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UK Border Agency reported that from 16th January 2012 all UK visa applicants in Singapore will be required to pay for their visa online as part of the online application process using either a Visa card or MasterCard. In addition to credit cards, this includes debit cards and pre-paid cards, bearing the Visa and MasterCard logos. Other methods of payment will not be accepted from this date.

Once you have applied and paid for your visa online you will still need to visit the visa application centre to submit your documents and provide your biometrics (fingerprints and digital photograph). Appointments to attend the visa application centre should be booked online on completion of the online application form.

The integration of payment into the online system will provide a more streamlined visa application process and is part of a wider move to allow almost all applicants to apply and pay for visas online by 2013/14.

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U.S. Citizenship and Immigration Services (USCIS) is enhancing the filing process for select forms dealing with naturalization and citizenship (N-Forms). Beginning Oct. 30, 2011, the new process will allow individuals to file N-Forms at a secure Lockbox facility instead of our local offices. This change streamlines the way forms are processed, accelerates the collection and deposit of fees and improves the consistency of our intake process.

Individuals should begin submitting affected forms directly to the appropriate Lockbox beginning Oct. 30, 2011. Forms received by local USCIS offices during a transition period between Oct. 30 and Dec. 2, 2011, will be forwarded to the USCIS Lockbox facility for processing. Forms received at local USCIS offices after Dec. 2, 2011, will no longer be forwarded but will be returned to the individual with instructions on how to re-file at a designated USCIS Lockbox facility. USCIS will centralize intake of Forms N-336, N-600 and N-600K at the Phoenix Lockbox facility. The Dallas Lockbox facility will handle the Form N-300. Individuals filing Form N-400, Application for Naturalization, already file at a Lockbox facility.

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Specialist jobs that are no longer required in the UK will be removed from a government-approved list that helps to ensure the UK only accepts migrant workers that the country needs.

The shortage occupation is part of the Tier 2 immigration route via the Points Based System. Highly skilled migrants from outside the European Economic Area (EEA) seeking to work in the UK must apply for visas via this route. The government today accepted recommendations from the independent Migration Advisory Committee (MAC) that will see the number of jobs covered by the list drop by 40,000, bringing the total down from 230,000 to 190,000. Only a minority of these jobs will be filled by migrant workers.

The MAC recommended the changes where evidence from a range of industries and sectors showed resident workers are available to fill the vacancies. Immigration Minister Damian Green said:
‘Alongside our limits on overseas workers we are also taking action to provide businesses with the skills they need from the British workforce and reduce their need for migrants. We want the brightest and the best people from outside the EU with the skills we can benefit from in the UK.’
Occupations that the MAC recommended be removed from the list include:
– secondary education biology teachers;
– speech and language therapists;
– pharmacists;
– orthoptists;
– veterinary surgeons; and,
– rank and file orchestral musicians.

Added to the list will be:
– actuaries;
– high integrity pipe welders;
– environmental scientists; and,
– geochemists
The government has accepted the MAC’s recommended list in full however, rank and file orchestral musicians will not be removed from the list immediately, until further discussions take place with the industry to discuss the resident labor market test.

The revised list will come into effect from 14 November 2011. This means that:
– For applications covered by the annual limit, the new list will apply to all applications by Tier 2 sponsors for restricted certificates of Sponsorship made on or after 14 November 2011.

– For applications outside the annual limit, the new list will apply to all unrestricted certificates of sponsorship assigned to migrants on or after 14 November 2011.

Employers can only bring someone into the UK under Tier 2 if the job is on the shortage occupation list or if they pass a resident labor market test (no suitable resident workers apply after advertising the job in the UK first for 4 weeks).

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The Department of Immigration and Emigration of Sri Lanka is to introduce new system called “Electronic Travel Authorization – ETA” in order to grant prior approval for visa via online for the foreign nationals visit Sri Lanka.

This was revealed to the public at a press briefing held at Ceylon Intercontinental yesterday (28 Sep) organized by the Department of Immigration and Emigration.

The new system will be introduced on 30 September, and it will terminate the presently implemented ‘on arrival visa’ at the ports of entry, the Department said.

Accordingly, foreign nationals from 78 countries visiting Sri Lanka on purposes of tourism affairs, medical treatments, sports, cultural shows, business conferences and discussions, training programmes and seminars can apply for the Electronic Travel Authorization via www.eta.gov.lk, the dedicated official website of the Department for the purpose.

Only an administration fee has been suggested for this “Electronic Travel Authorization, the Department said.

The previous method of granting visas on arrival at the airport free of charge to the nationals from the Maldives and Singapore is still in effective as a reciprocal gesture, the Department further said.

Information is available in nine international languages allowing great continence to foreigners. However, applications should be forwarded only in English language and six methodologies have been introduced to facilitate the process.

According to this new visa granting system, since the air and ship crew are exempted from obtaining prior approval for the visa, the old system will be effective as before. The foreigners, who officially or diplomatically visit Sri Lanka should obtain prior approval for visa through a government institute of Sri Lanka and such approvals will be granted free of charge.

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Prime Minister Donald Tusk says a local visa free zone between Poland and Russia will be established “in few weeks”. The zone, which will include more than four million people, will require a revision of the Schengen regulations.

Donald Tusk, who made a stop in the Warmia-Masuria Province as part of an election campaign tour, promised the regional population that it in “few weeks” will get a local visa-free zone with the Russian region of Kaliningrad. The cabinet leader maintained that the city of Gdansk and all of Kaliningrad Oblast will be included in the zone.

If established, the zone will be the second of its kind between Russia and a Schengen member. In November 2010, a similar agreement on local border traffic was signed by Russia and Norway, and a local zone of visa-free traveling is in the pipeline in the areas between the municipalities of Sør-Varanger and Pechenga.

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Prime Minster David Cameron announced that the Foreign and Commonwealth Office will be expanding its diplomatic presence in Canada by upgrading the UK Trade & Investment office in Calgary to a full Consulate-General next summer.

Speaking during his press conference in Ottawa, UK Prime Minister David Cameron said:
“Clearly in trade and investment, we are both massive investors in each other’s countries. The trade links are already very strong, but I always believe it’s with your best customers you can do even more business.”
Dr. Andrew Pocock, UK High Commissioner to Canada said:
“We are committed to refreshing and deepening our relationship with Canada, building on our existing close links. A clear indication of how highly we value the relationship is that we will be expanding our diplomatic presence there, upgrading the UKTI office in Calgary to a full Consulate-General. This will be our fourth Consulate-General in Canada – as well as the High Commission in Ottawa”.

Alberta is Canada’s third largest economy and has led Canadian growth for 20 years. Please note that consular services will continue to be provided for Alberta out of the Vancouver Consulate General.

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Azerbaijani Foreign Minister Elmar Mammadyarov, who is visiting New York to attend the 66th session of UN General Assembly, and his Colombian counterpart Maria Angela Holguin Cuellar have signed a package of bilateral agreements.

The Ministry of Foreign Affairs of Azerbaijan informs that the package composes an agreement on the exchange of visa requirements for holders of diplomatic, official and service passports as well as the memorandum on the introduction of a mechanism of political consultations between Foreign Affairs Ministries of Azerbaijan and Colombia.