The heart of the extreme hardship waiver application is the determination of extreme hardship to a qualifying relative who can either be a U.S. citizen spouse or parent. Factors USCIS considers when determining extreme hardship include, but are not limited to:
1. Health – For example: Ongoing or specialized treatment required for a physical or mental condition;
2. Financial Considerations – For example: Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living;
3. Education – For example: Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program;
4. Personal Considerations – For example: Close relatives in the United States and country of birth or citizenship; separation from spouse/children;
5. Special Factors – For example: Close relatives in the United States and country of birth or citizenship; physical harm, or injury; social ostracism or stigma. Watch our video for more info.
AC 180 social media competition – April Task Video
We are part of AILA’s AC 180. AILA’s social media competition (“Annual Conference 180” or “AC 180”) pits 11 social media savvy participants against each other in battles of creativity. The goal of AC 180 is to promote the use of social media within our membership, culminating in our biggest event of the year – the Annual Conference.
The organizers asked us to make a spoof commercial for any of the special events, which include morning yoga, FilmFest, the talent show, the Saturday night party, the NMD/Pro Bono Hospitality Suite and more! There’s a lot of leeway for this month, so let’s see what kind of creative videos our participants can make. We chose the Yoga Sessions at the Conference as a topic, see our video here:
Speed Drawing Video Introducing our office!!
We have started to experiment with Speed Drawing techniques, and will start creating Videos explaining different concepts and rules in Immigration Law. The first fun Video is about our office. Enjoy and let us know what you think.
Video: What are the Requirements for a Fiance visa?
So what is a Fiance Visa? K1 visa, is a U.S. non-immigrant visa which can be issued to the foreign national fiance or fiancee of a U.S. citizen. The visa is a single entry visa (can only be used once) that allows the U.S. citizen’s foreign national fiance to enter the United States for a period of 90 days for the purpose of marrying the U.S. citizen.
The following are the basic requirements one must meet to qualify for a K1 fiance visa:
* The petitioner must be a U.S. citizen;
* The petitioner must have met the foreign national fiance or fiancee in person in the last two years; and
* The petitioner and K1 visa applicant must have a bona fide fiance/fiancee relationship and intend to marry within 90 days of the applicant’s entry to the U.S.
Watch our Video to learn more and be sure to subscribe to our YouTube Channel Here.
https://www.youtube.com/watch?v=pPXQnOAq8to
Video: What is Asylum? A great Overview
Asylum is the legal protection afforded by the United States government to a person who can demonstrate a “well-founded fear of persecution” based on race, religion, nationality, political opinion, or membership in a particular social group. Asylees are distinguished from refugees by their presence in the country. They are seeking protection from deportation after having entered the United States, legally or illegally. The opportunity to apply for asylum is offered to both refugees outside the United States and people who have entered the country illegally. Learn more by watching our Video.
https://www.youtube.com/watch?v=t_ahWD_csaM
Video Post: What is the difference between Visa and Status?
If the immigration officer at the border of the U.S. allows the alien to be admitted into the U.S., the officer will issue an I-94 card and the alien obtains a legal status to remain in the United States for the specific purpose or purposes designated by the visa for a limited time. A legal status allows the alien to remain in the US for the intended purpose of the visit, while a visa allows an alien to apply for admission into the United States for a specific purpose. Status and a visa are separate concepts and one does not necessarily have to have to do with the other. Each can and often have separate expiration dates.
Watch our Video to learn more..
https://www.youtube.com/watch?v=69SrmY8FXhw
U.S. Visas for Entrepreneurs: Why do we make it so tough for them to stay?
Most Americans will support legislation to admit more doctors, scientists, and entrepreneurs, but they are deeply divided on the issue of amnesty for illegal immigrants.
Our leaders don’t seem to understand the urgency of the situation. They fail to recognize how much the world has changed. Entrepreneurs see abundant opportunities in places like India and China now. The world’s best and brightest can stay home and achieve as much success as they could in the U.S. Skilled workers who immigrated to the U.S. are optimistic about these opportunities; many are headed back home.
This Video prepared by AILA is highlighting the plight immigrant entrepreneurs face when trying to keep themselves and their businesses in the United States.
My Passion and Immigration
Like many of my Immigration law peers, I’ve often griped about the burdens of practicing law and how court deadlines, Appeals and demanding clients at times leave little room for anything else. That all changed, however, when I stumbled upon my passion and somehow found time to pursue it while continuing to build my legal career.
It began several years ago when I was trying hard to find an economical way to market my practice. As a small law firm owner I decided that, despite my day job, I wanted to become a marketing expert. After all, I had gone to law school in my 20s in Europe, Obtained a Masters in Law passed the Bar exam, and finally started my own firm. Marketing my practice couldn’t be harder than that—could it? I would soon learn the importance of perseverance in accomplishing one’s dreams.
Within days of setting on that mission—I knew that marketing was indeed my passion. I learned that Marketing was an art as well as a science, I became captivated by this. Nothing short of that could explain my behavior. Despite the long hours at the firm, I eagerly climbed out of bed at 4 a.m. to take online courses about marketing before work. I went to seminars every weekend. On business trips I listened to podcasts in the airport, on the airplane and in my hotel room late at night. I devoted my vacations not to relaxation but to learning about Marketing. I finally found my secret formula while searching for wine online. Yes, wine. This person who was selling wine online had an amazing following online and off line. He was passionate about his business as well as Marketing. He determined that we live in special times and he called it the Thank you Economy.
He writes that “no relationships should be taken for granted. They are what life is all about, the whole point. How we cultivate our relationships is often the greatest determinant of the type of life we get to live. Business is no different. Real business isn’t done in board meetings; it’s done over a half-eaten plate of buffalo wings at the sports bar, or during the intermission of a Broadway show.
“It’s done through an enthusiastic greeting, with an unexpected recommendation, or by offering up your cab when it’s raining. It happens in the small personal interactions that allow us to prove to each other who we are and what we believe in. … Now imagine you could take those interactions and scale them to the hundreds, thousands, or even millions of people who make up your customer base, or better yet, your potential customer base.” Read: social media.
“social media” … is a misnomer that has caused a boatload of confusion. “[W]hat we call social media is not media, nor is it even a platform. It is a massive cultural shift that has profoundly affected the way society uses the greatest platform ever invented, the Internet.” Imagine the power of change this cultural shift can bring to immigration law and the need to change this system.
So I started a few Blogs and never stopped writing. I have developed a Media roster and often reached out to story craving reporters. I contributed to hundreds of online forums and started answers questions for free. Suddenly things started to happen, reports started calling and asked for my take on stories.. We got featured on the Radio, TV and National Papers. Once it is a story about H1B visa, or the Birth Right Citizenship issue, High Skilled workers leaving the US and most recently our victory for Ayded Reyes that was featured on ESPN. As we get publicity through these mediums, I always mention the problems with our immigration system and the need for reform. This is the only way to make a difference and bring the change we need.
The American Immigration Lawyers Association provided me with great tools for advocacy and information over the years. I have attended every single AILA conference since joining the organization and look forward to our meeting this June in Nashville at the National Conference. I look forward to the open forum sessions with our government partners, and look forward to using all our social media tool to update our followers live, as well as providing valuable commentary to our readers.
Bottom line is new technology is the name of the game. Companies that use YouTube, Twitter, Facebook, Foursquare, etc. to forge personal relationships with customers on a massive scale with untold speed, come out the winners. Others will simply be left behind. This applies to lawyers as well. Those who use this medium to connect with clients and the public to spread the word about immigration, will get more business and Change Immigration Law. Others will …oh well you know.
H1B Visa Attorney – Tips and Suggestions for filing in 2012
Voicing concern over increasing rates of denial of H-1B and L1 work visas, that are popular among IT professionals, top US lawmakers and corporate bigwigs have questioned the Obama administration over the issue, warning this would hurt American business interests.
Officials at recent Congressional hearings cited last year’s figure of 26 per cent denial to H1B visa applicants, that was the highest in recent years, and also pointed out instances where the visas were denied for flimsy reasons.
Watch this video for tips and suggestions to increase your chances of success in filing H1B visas this coming April.
Tips and Suggestions for International Students and Foreign Workers seeking Jobs in the US!
There are thousands of employment opportunities all over the United States. But the simple fact is that finding a good job with an employer willing to go through the visa petitioning process can be quite difficult, time-consuming and expensive. Most employers are simply not interested in sponsoring immigrants for visas.
One of the most frequent and difficult questions that international workers ask is “When and how should I tell a prospective employer that I am a foreign worker?” There is certainly no easy or correct answer to this question. Watch our video and hope that you can get some answers here!
https://www.youtube.com/watch?v=Fi_uuJf7bWI