International Law Archives - Legal Desire Media and Insights https://legaldesire.com/category/international-law/ Latest Legal Industry News and Insights Mon, 12 Feb 2024 08:35:35 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://legaldesire.com/wp-content/uploads/2018/11/cropped-cropped-cropped-favicon-1-32x32.jpg International Law Archives - Legal Desire Media and Insights https://legaldesire.com/category/international-law/ 32 32 Six Green Card Problems Permanent Residents’ Family Members Have to Face https://legaldesire.com/six-green-card-problems-permanent-residents-family-members-have-to-face/ https://legaldesire.com/six-green-card-problems-permanent-residents-family-members-have-to-face/#respond Fri, 03 Dec 2021 08:31:08 +0000 https://legaldesire.com/?p=58437 It’s easy to forget about the rights and responsibilities you enjoy as a green card holder, a.k.a. as a permanent resident of the United States. Green cards entitle you to U.S. citizenship after three years, but some permanent residents aren’t prepared to surrender their foreign citizenship right away, if ever. So you can face some […]

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It’s easy to forget about the rights and responsibilities you enjoy as a green card holder, a.k.a. as a permanent resident of the United States.

Green cards entitle you to U.S. citizenship after three years, but some permanent residents aren’t prepared to surrender their foreign citizenship right away, if ever. So you can face some trouble if you don’t apply for U.S. citizenship as soon as you’re eligible.

Six Green Card Issues You Might Face

Few people know, but green cards weren’t designed for permanent U.S. residency, so it’s little wonder that you might face problems with long-term dependence on your green card. In addition, many children “age out” of the immigrant pathway to permanent resident status. Other issues you could face include the following problems.

1. Green Cards Must be Renewed Every 10 Years

You must renew your green card every ten years. It’s easy to forget the looming deadline when you already enjoy many benefits of citizenship. These include Social Security benefits, financial assistance for education, and entitlement to in-state tuition rates. Fileright green card renewal services will ensure that you don’t miss a critical deadline, which is easy to do after living comfortably and securely for ten years. You should never forget about it, as the renewal is non-negotiable. The best way to handle the deadline is to have a competent team solve things for you with no fuss.

2. Living Outside the United States for Extended Periods

Green card holders have many reasons for living temporarily outside the United States, but spending more than 12 months outside the United States can cause you to lose your permanent resident status. In some cases, when you try to re-enter the United States, you could be charged with abandoning your intention to live permanently in the United States. Even shorter periods of living outside the United States can trigger abandonment charges if agents suspect that is the case. If you are forced to temporarily live in a foreign country, planning and preparation are the keys to reclaiming your permanent resident status.

3. Voluntarily Surrendering Your Green Card

If you ever file Form I-407, you’ve effectively abandoned your status as a permanent resident. People might do this for many reasons (usually linked to a  dying relative), but avoiding U.S. income taxes is the most common. You should consult with a skilled immigration attorney immediately if you discover that you’ve inadvertently surrendered your green card.

This act can generate serious long-term consequences. Read the fine print of any document that immigration officials ask you to sign. For example, officers frequently ask immigrants to sign Form I-407 when they suspect them of willingly giving up their permanent resident status.

4. Fraud and Misrepresentation

Fraud and misrepresentation are valid grounds for ending your permanent resident status, but you might not understand the full consequences. Fraud consists of lying to an immigration official or misrepresenting key facts in your case. The USCIS monitors extensions of immigrant stays, marriages, employment authorizations, and parole cases to uncover evidence of fraud and misrepresentation.

5. Conviction of a Crime

Not all criminal convictions cause you to lose your permanent resident status, but certain types of crimes do. These include violent criminal offenses, offenses involving moral turpitude, terrorist activities, and others. You should consult your immigration attorney about the specifics of your case. Aggravated felonies, crimes of moral turpitude, and violence used in the commission of a crime can go either way, and you’ll need a skilled attorney to preserve your permanent resident status.

6. Failing to Remove Qualifying Conditions

During the long road to permanent resident status, you might discover conditions like maintaining a marriage. Conditions can’t be renewed, and you have to remove the qualifying conditions. After two years, most people accept the validity of a marriage or work opportunity. You must file to remove any conditions of your green card 90 days or longer before the card’s expiration date.

The Benefits of Citizenship

The best practice for preserving your way of life is to become a U.S. citizen. You automatically lose your permanent resident status as a U.S. citizen, and you enjoy all the protections of citizenship. For example, you can never be deported unless you fraudulently obtain your green card.

About the author:

As a journalist, Leland Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront with every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.

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Why Do You Need To Hire an Immigration Lawyer? https://legaldesire.com/why-do-you-need-to-hire-an-immigration-lawyer/ https://legaldesire.com/why-do-you-need-to-hire-an-immigration-lawyer/#respond Mon, 25 Oct 2021 07:09:02 +0000 https://legaldesire.com/?p=57858 There are many branches of legal aid available for all the citizens in the United States, however, immigration lawyers are one of the most in-demand professional services today. If you’re a foreign citizen residing in the US, getting the help of these experts will help you navigate your stay, employment, studies, and other processes without […]

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There are many branches of legal aid available for all the citizens in the United States, however, immigration lawyers are one of the most in-demand professional services today. If you’re a foreign citizen residing in the US, getting the help of these experts will help you navigate your stay, employment, studies, and other processes without any roadblocks Also, US immigration lawyers can help you if you’re a US citizen planning to move overseas for any purpose. Also, immigration lawyers can help you if you’re a US citizen planning to move overseas for any purpose. If you’re in Atlanta and thinking of completing documentation processes by yourself, we’d advise that you read this blog and take into account what immigration law professional services bring to the table.

  1. They’re Subject Matter Experts: Law is an aspect that has many facets, conditions, and aspects that not all laypeople are familiar with. If you’re doing all the paperwork yourself, mistakes can turn costly, inviting delays or fines and rejections. Taking the help of an immigration expert is now as easy as typing immigration law firms Atlanta to show you the top organizations to assist you. This will not only put your work in the hands of experts but also ensure success.
  2. They Have Networks and Contacts: The best thing about hiring professional help is that they know how to get the job done. If they have made a commitment to you, the immigration lawyer will do their best to perform their duty. They also have an extensive network of fellow professionals, which can make your work easier in many instances. For example, if you’re moving to another country, it can help if they have contacts there to help ease your legal transition.
  3. Expect No Delays: Law firms and legal professionals run on strict deadlines because they understand your immigration case. Since they are in the industry’s core business, they know all the important dates. It’s impossible to be late in document submissions and miss deadlines with them!
  4. They Can Provide Counsel and Guidance: Going about legal work, especially immigration in the US can be lonely as not everyone knows the crux of matters. However, if you hire the help of immigration lawyers, they will also be able to counsel you regarding matters that could save you money, time, and effort.
  5. Peace of Mind: Once your work is handed over to these experts, you don’t have to worry about a lot of things like changing Dreamers policies. Your documents will be vetted and completed duly without any mistakes, and hence it will help you sleep a bit better at night. When the job is being handled by legal professionals, there’s not much that can go south unless it’s a major discrepancy. Long story short, you will be in good hands!

Wrapping Up:

Now that you know what immigration law firms bring to the table, we hope that you hire one for your purpose. It does not just save time that you could spend doing more important things, and it also improves the chances of your success exponentially as opposed to doing things on your own!

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Kartik Mittal Comments on the Venezuela Gold Case, Pending in the Supreme Court https://legaldesire.com/kartik-mittal-comments-on-the-venezuela-gold-case-pending-in-the-supreme-court/ https://legaldesire.com/kartik-mittal-comments-on-the-venezuela-gold-case-pending-in-the-supreme-court/#respond Wed, 20 Oct 2021 12:48:28 +0000 https://legaldesire.com/?p=57816 In an ongoing case in the Supreme Court of United Kingdom, proceedings were held related to Venezuelan gold, deposited in the Bank of England (BoE) worth around $2bn, a case that also affects India. During the Covid-19 pandemic, the Banco Central De Venezuela/Central Bank of Venezuela (BCV) wanted to transfer US$ 1 billion of the […]

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In an ongoing case in the Supreme Court of United Kingdom, proceedings were held related to Venezuelan gold, deposited in the Bank of England (BoE) worth around $2bn, a case that also affects India.

During the Covid-19 pandemic, the Banco Central De Venezuela/Central Bank of Venezuela (BCV) wanted to transfer US$ 1 billion of the value of gold held on its behalf by the BoE to the United Nations Development Programme (UNDP) so that UNDP may use such funds to acquire healthcare equipment, medicines and basic foodstuff on the international market and distribute them in Venezuela for the benefit of the Venezuelan people. The BoE refused to facilitate the transfer on the basis that the UK government had recognized Mr. Guaido as the interim President of Venezuela instead of Mr. Maduro. This led the BCV to issue proceedings against the BoE in the English Courts.As per the UK High Court Judgement, Central Bank of Venezuela (being the Board of Directors appointed by President Maduro) were denied the access of this golddespite the fact that Mr. Maduro actually exercises powers as the President of Venezuela and the Venezuelan state machinery, including the Supreme Court of Venezuela, has held Mr. Maduro as the President of Venezuela.

Kartik Mittal, Partner at Zaiwalla & Co., an international dispute resolutions law firm of Indian origin based in London, is representing the Central Bank of against the Bank of England in this case.

“This dispute emanates from 2018 Presidential elections in Venezuela. The Highest Venezuelan Court has ruled that Mr. Maduro won those elections. Mr. Guaido did not stand for those elections but claimed to be President of Venezuela alleging electoral malpractices, and UK continues to recognize him as the President. The question before the English Court is: Which of the two rival boards, one appointed by Mr. Maduro and other by Mr. Guaido, have the authority over the Venezuelan gold reserves worth $2 billion held at the Bank of England. The case advanced by the board appointed by Mr. Guaido (Ad-Hoc Board) solely relies on UK Government’s position recognizing Mr. Guaido as the President of Venezuela and it is their case that the English Court cannot, and should not, consider whether Mr. Guaido has any legal standing to be President of Venezuela under the Venezuelan Constitution or as a matter of Venezuela Law and/or whether he is in fact exercising powers as the President of Venezuela within the territory of Venezuela. Surprisingly, the position adopted by the Ad-Hoc Board is supported by the UK Government”, Said Mr. Mittal.

During the proceedings in the Court of Appeal, the decision was in favour of Kartik Mittal’s client as the Court realized that the recognition of the UK govt. does not tally with the reality of ground. It is Mr. Maduro’s govt who is exercising effective control in the country and have the powers of the President. UN bodies also recognize him as the President and UK has also continued to maintain diplomatic relations with Mr. Maduro’s govt. The case is now before the Supreme Court of United Kingdom. The former UK Foreign Secretary, Rt. Hon Dominic Raab MP, intervened in the Supreme Court proceedings putting forth the argument that the UK govt. is free to recognize any foreign leader; the English court cannot judicially review the decision of the UK govt; and if the UK govt. recognizes a foreign leader, the assets of the foreign nation has to be simply handed over to the leader recognized by the UK govt and/or to the persons appointed by him.

In middle of all this, India can also be affected by any ruling made by the Supreme Court as India holds significant amount of its gold reserves in the Bank of England. The entire situation not only poses threat to Venezuela but all other countries who hold their reserves in the Bank of England. A major question arises- Whether the assets owned by each country are safe with the Bank of England? The decision of UK Supreme Court is still pending.

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An Overview of Gambling Laws in the UK https://legaldesire.com/an-overview-of-gambling-laws-in-the-uk/ https://legaldesire.com/an-overview-of-gambling-laws-in-the-uk/#respond Tue, 19 Oct 2021 10:56:53 +0000 https://legaldesire.com/?p=57804 The accelerated progress of the online and digital age has had a dramatic effect on gambling habits in the UK. Online gambling now accounts for the majority of British gamblers spend, with online slots being the leading money-maker for gambling companies. Indeed, figures show that the UK public spent £2.2bn on online slot games in 2019. […]

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The accelerated progress of the online and digital age has had a dramatic effect on gambling habits in the UK.

Online gambling now accounts for the majority of British gamblers spend, with online slots being the leading money-maker for gambling companies. Indeed, figures show that the UK public spent £2.2bn on online slot games in 2019. The figures have continued to rise since.

With such an increase in spending on online gambling sites, it is no surprise that the Gambling Commission has done its best to keep up with the rapidly changing face of the industry.

The new Online Safety Bill recently drafted in the UK aims to reduce fraudulent activity online alongside protecting users from abuse. By using specific gambling laws the new legislation aims to make gambling as safe as possible and ensures a regulated online poker site protects it’s consumers.

New restrictions aimed to make online gameplay safer and less physically and mentally demanding have also been put forward. The new measures include stricter laws governing how distinctions between wins and losses are made, as well as limits on speeded up gameplay.

Gambling laws are important for good reason. Essentially, they help to protect players and society in general from unregulated companies and platforms.

In the UK, the Gambling Commission is a public body tasked with issuing licences to businesses that provide gambling within the UK.

New Technology and Gambling

The rapid advance of online gaming and new remote smartphone technology has presented the Gambling Commission with unique challenges.

As it stands, the Gambling Act 2005 is how all gambling business operating in the UK is regulated. This includes all operators of remote gambling, who will need to be licensed to operate.

As gaming sites have grown more popular throughout the UK, the Gambling Commission has needed to make certain alterations to how it manages the industry regulations. An amendment to the Gambling Act was made in 2014. It was expressly concerned with online gambling and made a major change in citing that the Act needed to cover all companies that offer online gambling, no matter where they are based.

The Gambling Act covers all businesses that offer online gambling within the UK. As well as the hugely popular slot games, this also includes poker online, which is also extremely profitable and widely available.

Further Changes in Store

Casino style games are growing online year on year in the UK and the Gambling Commission is dedicated to making them as safe as possible.

The new Chair of the Gambling Commission, Marcus Boyle, has been hired by the Government to make the first full-scale review of gambling laws in 15 years.  Aiming to bring in regulations more in keeping with the digital age, the review could herald several more changes.

It has been noted that much of the concern for bringing the regulations up to date comes from a 2020 You Gov survey that found 2.7% of adults are problem gamblers. While the precise figure has been the subject of debate, the UKGC and the government had to be seen to be protecting players.

A significant move could come later this year with rumours being made that there may be a ban on gambling companies sponsoring shirts of footballers and darts players. That could be a major test. Sponsorship money is one of the biggest earners in sport. If major financers such as successful gambling companies can no longer sponsor teams and players, the commission risks becoming unpopular with the sports industry.

Another significant change being debated is a ban on the process of ‘reverse withdrawals.’ This is a function on some games sites that allow players to re-gamble their money after opting to make a withdrawal.

The feature has come under intense scrutiny as it has been tipped to present a damaging temptation to players to continue gambling. If the option for reversing the decision to withdraw was not there, the chance of damaging gameplay would be negated.

Many will see these proposed moves as a continuation of regulations already brought in by the Gambling Commission. In the last year alone, it has raised the age of National Lottery play to 18.

Last year, the UKGC also banned the use of credit cards when gambling online. That change, according to the then CEO Neil McArthur, was made to ‘minimise the risks of harm to consumers gambling with money they do not have.’

2020 also saw the UKGC target so-called VIP schemes offered to regular players on online platforms. The new rules made it clear that both providers and players have to adhere to the new regulations. Since the passing of the rules, companies now have to provide evidence that a player’s spending is sustainable. Known as gambling harm checks, the regulations are another attempt to minimise the possibility of problem gambling.

Unique Challenges Ahead

The Gambling Commission has drawn some criticisms for being too inflexible and small to deal with the complexities of the online gambling industry. With the new changes unveiled, the body is aiming to prove these criticisms wrong. One thing is for sure, there will be unique challenges ahead. More articles on laws relating to sports and iGaming can be found here.

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5 Tips for International Document Legalization https://legaldesire.com/5-tips-for-international-document-legalization/ https://legaldesire.com/5-tips-for-international-document-legalization/#respond Sat, 07 Aug 2021 06:34:03 +0000 https://legaldesire.com/?p=56578 If you are going abroad for work, travel or educational purposes, you might need to get some documents legalized first. Without legalizing these documents, the consulates, embassies and other officials might not recognize them.  For example, if you are a Canadain resident, and you plan on moving to Qatar for business, you will need documents […]

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If you are going abroad for work, travel or educational purposes, you might need to get some documents legalized first. Without legalizing these documents, the consulates, embassies and other officials might not recognize them. 

For example, if you are a Canadain resident, and you plan on moving to Qatar for business, you will need documents from the organization you are working for to be legalized so you can get approval for a working or a business visa. If these documents haven’t been legalized, then you won’t be able to work in the country, nor live there. If you want to sponsor family members to join you in Qatar, you must make sure that all of their documents are legalized too. To help you get the ball rolling, we have created these five straightforward tips to help you out. 

  • Make Sure that each Document has a Certified Translation

If the national language in the country where you are submitting official documents is not the same language as the documents, it is vital that you get a certified translation to accompany these documents. For example, if you want to immigrate to the Republic of Ireland, and your documents are written in Japanese, they must be translated to either English or Gaelic. If you submit the paperwork in Japanese, the embassy or consulate will ask you to get a certified translation. 

However, you can’t translate the documents yourself, nor ask a family member to do them for you. They must be translated by an official translator that can seal and sign the documents. They must be recognized in their country as an official translator too. 

  • Ask an Agency to Help

There are private agencies in most countries that can help you with international document legalization. Although you will have to pay them a fee for their services, they can help and advise you through the entire process, to make sure you don’t make any mistakes.

Legalizing international documents might sound simple, but a lot of things can go wrong, especially if it is your first attempt at legalizing these important documents. Reputable agencies with plenty of experience will have gone through the process several times in the past, and they will be up to date with any recent changes to the process. Taking on the process yourself can consume a lot of time and cause plenty of stress, so it might be worth it while employing a professional to guide you through each step, like document authentication Canada

 

  • Understand what types of Documents you might need to get Legalized

If you are moving abroad, it is very important that you get your documents legalized before you start the journey to your destination. Here are few examples of the documents you might need legalized before you move to a new country:

  • Single status affidavit: If you are getting married abroad, you might need this document legalized first
  • Death Certificate
  • Copy of valid passport
  • Educational diplomas, degrees, or certificates
  • Travel consent letter
  • Cert of Good Standing
  • Commercial invoice
  • Certificate of origin
  • Copy of a valid driving license

If you want to get these documents legalized while you are abroad, it might prove even more challenging. 

  • Don’t Get Untrained People to Help you with the Process

You might know someone who has gone through a similar process in the past, or someone who claims they know what they are doing, but if they haven’t been trained in the process before, then they could make things even more complicated, plus, they won’t have the authorization to certify any of these documents. Keep in mind that certifying documents is not an easy process, especially for those who are not qualified to do so. Each country has its own unique requirements, which is why most people pay an agent to help them out. 

Submitting these documents can cost money, and if they are not recognized, you might find yourself spending a lot of time re-submitting the files. To save money and time, avoid getting untrained people to help you with the process. 

 

  • Get Quotes from Different Agencies

Not all agencies charge the same fee, and if you are moving abroad, you might find yourself working off a tight budget. Before hiring an agent, consider asking them for a quotation first. Most agents have an official website, so you should have no issues finding their direct contact details. Some even have an online form that you can fill out on the web to see how much they charge. Others will ask you to call them directly or send them an email for further details. 

Consider hiring an agent that has been working in the industry for a long time. Experienced agents will give your documents a thorough examination before the legalization process begins. They will know exactly what the officials will be looking for, so they can put your mind at ease. 

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Interesting facts about American passport https://legaldesire.com/interesting-facts-about-american-passport/ https://legaldesire.com/interesting-facts-about-american-passport/#respond Wed, 28 Jul 2021 17:08:17 +0000 https://legaldesire.com/?p=56365 Are you going to get this little blue book to travel outside the US? Here are some little-known facts you probably didn’t know about it! The very first American passport was released during the War of Independence  It was simply a piece of paper with an official stamp, which included the name and description of […]

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Are you going to get this little blue book to travel outside the US? Here are some little-known facts you probably didn’t know about it!

The very first American passport was released during the War of Independence

 It was simply a piece of paper with an official stamp, which included the name and description of the holder. It was valid for about six months. 

The U.S. passport is almost impossible to forge

Sixty different types of materials and 30 security features are used in the production of the U.S. passport, and the unique typeface is impossible to replicate.

The U.S. is one of the few countries that completely prohibits wearing glasses in passport photos

Yes, even prescripted ones. If you cannot take off your glasses for medical reasons, you must submit a signed statement from your doctor. There are a number of other US passport photo requirements, which you should familiarize yourself with in advance to avoid any confusion.

Do you owe child support? You won’t get a passport!

American alimony debtors are not issued or reissued passports if they owe more than $2500. This law applies in all states.

Americans can visit some countries without a passport

US citizens can travel passport-free to the Northern Mariana Islands, Puerto Rico, the US Virgin Islands, Guam, and American Samoa.

If you’ve gained or lost weight, you may need a new passport

Your US passport photo must show your current looks. If your appearance has undergone major changes, you’ll need to apply for a new passport. Such cases include major weight changes, large facial tattoos, or plastic surgery.

 

More than half of American citizens do not have a passport

According to official statistics, as of 2019, 58% of U.S. citizens did not have passports. In the 2000s, the figure was 73%. Thus, more than half of the population has never left the country.

 

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How To Start The Immigration Process: A Guide By Immigration Lawyers https://legaldesire.com/how-to-start-the-immigration-process-a-guide-by-immigration-lawyers/ https://legaldesire.com/how-to-start-the-immigration-process-a-guide-by-immigration-lawyers/#respond Thu, 22 Jul 2021 16:25:38 +0000 https://legaldesire.com/?p=56258 Typically, many immigrants come to the United States of America due to the financial opportunities and independence it provides. Given the economic success in the U.S., compared to other countries, living and working in the country allow immigrants to build a better life.   Moreover, the country’s economy can also benefit from immigration. For instance, the […]

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Typically, many immigrants come to the United States of America due to the financial opportunities and independence it provides. Given the economic success in the U.S., compared to other countries, living and working in the country allow immigrants to build a better life.  

Moreover, the country’s economy can also benefit from immigration. For instance, the immigrants can help boost America’s economic growth and development by allowing businesses and other vital sectors of the economy to create more employment opportunities and attract investments. With those things, there’s no doubt many people want to migrate to America, and the country, on the other hand, continues to accept immigrants.  

However, it’s important to remember that the United States immigration law is a bit complex. However, most confusion is created by the process of how it actually works. The immigration law in the U.S. is built upon some principles. And they are as follows.

  • Admitting immigrants who have skills that are really valuable to the economy of the United States.
  • The reunification of families.
  • Promoting diversity.
  • Protecting refugees.

The body of law that governs the current immigration law is labeled INA or the Immigration and Nationality Act. Every year across various visa categories, the INA allows the U.S. to grant a maximum of 675,000 permanent immigrant visas.

On top of the 675,000 permanent immigrant visas, the Immigration and Nationality Act has not set any limitation on the annual admission of parents, spouses, and children under the age of 21 of the United States citizens. 

Due to these complicated immigration laws, it’s best to work with an experienced lawyer who can provide you with the necessary US visa help. They’re familiar with the applicable laws, and they can assist you with the immigration process properly. 

A Guide To The Immigration Process By Immigration Lawyers

As I have already mentioned, the immigration process of the United States is a bit confusing. So, it will be best if you take assistance from Michael G. Murray, PA. Though you may have decided to go with an immigration lawyer Austin, it will be best to gather some basic information.

So, let’s get started with different types of immigration visas along with the necessary details that you can not afford to skip.

1. Family-Based Immigration

As I have already said, family unification is one of the important principles that govern the immigration policy in the United States. With the help of the family-based immigration category, the citizens and LPRs of the U.S can bring certain family members to the United States.

Family-based immigrants are admitted either through the family preference system or immediate relatives of the United States citizens. Prospective immigrants under the category of immediate relatives have to meet standard eligibility criteria.

In addition to this, the petitioner also needs to meet specific age criteria along with financial requirements. The immediate relatives are mentioned below. In case you want more detailed and specific information contact an Immigration Lawyer Austin.

  • The U.S. citizens’ unmarried minor children, who are under the age of 21.
  • Spouses of the United States citizens.
  • The U.S. citizens’ parents. Here, the petitioner has to be at least 21 years old for filing the petition for parents.

Here is a brief summarization of the family-based immigration system in a table form.

Category United States Sponsor Relationship Numerical Limit
Immediate Relatives The United States Adults Citizens Parents, unmarried minor children, and spouses Unlimited
1 The United States Adults Citizens Adult unmarried children 23,400 + unused visas from the category 4th preference
2A LPR Minor children and spouses 87,900
2B LPR Adult unmarried children 26,300
3 United States Citizens Married adult children 23,400 + unused visas from the categories 1st and 2nd preferences.
4 United States Citizens Sisters and brothers 65,000 + unused visas from all other family-based preferences.

2. Employee Based Immigration

Immigrants with valuable skills get various options to come to the U.S. either on a temporary or a permanent basis.

Temporary Visa Classification

With temporary employment-based visa classifications, employers who hire and petition for foreign nationals for some particular jobs, that too for limited periods. Over 20 different types of visas are there for temporary non-immigrant workers.

Here is the list of them.

  • For intracompany transfers, L-1 visas.
  • For athletes, skilled performers, and entertainers, various P visas.
  • For religious workers, R-1 visas.
  • For diplomatic employees, various A visas.
  • For workers of extraordinary ability, O-1 visas.
  • Both for lesser-skilled and highly skilled workers, various H visas.

Permanent Immigration

For permanent employment-based immigrants, the overall annual numerical limit is 140,000. This very number includes the immigrants along with their eligible minor unmarried children and spouses. So, actually, the number of employment-based immigrants is below 140,000 every year.

Here is a brief summarization of the permanent employee-based immigration system in a table form.

Preference Category Eligibility Annual Numerical Limit
1 Persons with extraordinary abilities in athletics, business, education, science, or arts; outstanding researchers and professors, multinational managers and executives. 40,000 + any unused visas from categories 4th and 5th preferences.
2 Persons with exceptional abilities in business, science, or arts; or members of the professions holding advanced degrees. 40,040 + any unused visas from category 1st preference.
3 Professionals with college degrees, skilled workers who have a minimum of 2 years of training or experience. 40,040 + any unused visas from categories 1st and 2nd preferences.
4 Specific “special immigrants” including employees of the United States foreign service posts, religious workers, United States government employees, along with other classes of aliens. 9,940
5 Persons who will invest from $500,000 to $1 million specifically in a job-creating enterprise, which employs a minimum of 10 full-time United States workers. For all those petitions that are filed on or after 21st November 2019, the investment amounts have been increased to $900,000 to $1.8 million, with future increases but at particular intervals. 9,940

3. Other Forms

Apart from the categories of immigrant visas, here are some other categories that are also effective under the United States immigration laws.

  • Refugees And Asylees.
  • The Diversity Visa Program.
  • TPS, or Temporary Protected Status.
  • DED, or Deferred Enforced Departure.
  • DACA, or Deferred Action for Childhood Arrivals.

United States Citizenship

In case you want to qualify for United States citizenship through naturalization, you must have LPR status or a green card, that too for a minimum of 5 years. But in case you get the green card through VAWA,  the Violence Against Women Act, or through a United States citizen spouse, the time limit is of 3 years. Applicants of U.S. citizenship have to be a minimum of 18 years old with “good moral character,” continuous residency, pass civics and U.S. history and English exams. Along with other requirements you also need to pay a certain fee. It is too much to handle, so taking help from an Immigration Lawyer Austin is always a great decision.

 

Conclusion

Indeed, the U.S. immigration process can be complicated if you have no idea how to start. But with proper research and preparation, migrating to America doesn’t really have to be difficult. So, if you’re applying for a U.S. visa to make the migration official, keep the information mentioned above in mind. Make sure to talk to your immigration lawyer beforehand, so you’ll know what steps to take to ensure a seamless immigration process.

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What To Do if My Green Card Expires? https://legaldesire.com/what-to-do-if-my-green-card-expires/ https://legaldesire.com/what-to-do-if-my-green-card-expires/#respond Sat, 03 Jul 2021 02:55:28 +0000 https://legaldesire.com/?p=55239 If you are one of the 13.9 million green card holders in the US, you are likely to ask this question at one point. Since a green card is only valid for ten years, you need to take measures as this date draws near. Depending on the type of card you hold (unconditional or conditional) […]

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If you are one of the 13.9 million green card holders in the US, you are likely to ask this question at one point. Since a green card is only valid for ten years, you need to take measures as this date draws near. Depending on the type of card you hold (unconditional or conditional) and your plans, there are several routes to take.

If you have an unconditional green card, you can start the renewal process through Form I-90; or become a naturalized citizen and fill out Form N-400. If you have a conditional green card, obtained through marriage or business operator status, remove conditions through a Form I-750.

What Happens When Your Green Card Expires

Lawful permanent resident status can be attested by a green card (permanent resident card). You are required to have a valid card at all times. Therefore, it is important to know that green cards come with an expiration date so you can prepare in advance to avoid any unwanted complications. The current expiration period is ten years from the date it was issued.

While it is ideal to start the green card renewal process in due time, if you failed to do so before the set expiration date, this will not automatically result in the termination of your residency. Still, there can be consequences like:

  • Not being able to reenter the US
  • Not being able to get hired
  • Not having access to professional licenses
  • Not being able to purchase a home
  • Not being able to renew driving license

Unconditional Green Card Renewal

When your green card expires, you have several options. The two main paths you can take are to renew your card (Form I-90) or apply for citizenship (Form N-400).

File Form I-90

This form is used for a variety of other procedures, including replacing lost or damaged cards. Make sure to access the latest version of Form I-90 and fill in all the required fields truthfully. This is some of the information that you must provide:

  • Name (including any changes)
  • US address
  • Place and date of birth
  • US social security number
  • Reason for application

After you have filled out the document, make sure to double-check the information you have provided. The experts at Abogado De Inmigracion enumerate that any mistakes or inconsistencies may delay the processing time. Thereby, it is vital to cross-check the form while submitting the form online or by paper through the mail.

Apply for US Citizenship Through Form N-400

If you wish to become a US citizen through naturalization, you must fill out and submit Form N-400. Before you send in your application, make sure that the form is signed, as any forms, which are not signed will be rejected.

Just like with Form I-90, you can submit the document online or by mail. If you choose the online platform, know that this is very user-friendly. Also, you can do several other things in the same space, including paying processing fees and keeping track of your documents. If you decide to submit the form by mail, make sure to send it to the correct address, as this may differ based on your location.

Removal of Conditions for a Conditional Green Card

Those with a conditional green card will take a different path. These cards have a 2-year limitation and are obtained through business operator status or marriage. In this case, fill out and submit Form I-750, also known as Petition to Remove Conditions of Residence. For a complete list of addresses where you can send the form, visit the government page on Direct Filing Address for Form I-751.

Final Thoughts

Make sure that you are not caught off-guard by your green card expiring, and start preparing in advance. The processing time may differ considerably depending on which path you qualify for and choose; and so will the associated fees. If you require any assistance with the proceedings, do not hesitate to contact an experienced immigration services agency.

Author:

With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people +by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.

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“New” Post-Brexit UK Immigration Point Based System https://legaldesire.com/new-post-brexit-uk-immigration-point-based-system/ https://legaldesire.com/new-post-brexit-uk-immigration-point-based-system/#respond Wed, 16 Jun 2021 10:11:36 +0000 https://legaldesire.com/?p=54637 Starting January 2021, UK immigration started using a new points-based system for the individuals who wish to live or work in the country. Following the Brexit transition period, any EU individual who was a resident by 31 December 2020 needs to qualify for visas under the new immigration policy.  In other words, EU citizens will […]

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Starting January 2021, UK immigration started using a new points-based system for the individuals who wish to live or work in the country. Following the Brexit transition period, any EU individual who was a resident by 31 December 2020 needs to qualify for visas under the new immigration policy. 

In other words, EU citizens will have no special status. Instead, they will be the same way as the rest of the countries. The change was a result of getting control of immigration which the government proposed in the 2016 referendum. 

Now it’s all about collecting points to qualify for the visa. But what are those? Let’s find out below!

What Changed?

The idea behind changing the policy was simple. First, the country wanted to bring in only talented and skilled individuals like scientists, engineers, academics, etc. Second, they wanted to protect the residents from criminal traffickers and unscrupulous employers. 

So, the UK’s point-based system replaced free movement to cater to the needs of highly skilled workers, students, and other specialists like innovators or global leaders. The country wishes to shift the focus from cheap labor and concentrate on technology and automation. 

The Settlement Scheme for EU citizens that came into effect in March 2019 will allow employers to meet their labor market demands. 

Here’s How the Individuals Can Earn Points

To qualify for the new policy, the migrant workers will require a minimum of 70 points. For instance, having a job offer from an approved employer will help you earn 40 points. And if you can speak English, it will help you qualify for 70 points. In addition, you can gain the following 20 points if you are due to get paid at least £25,600 a year. Further, having better qualifications like a Ph.D. will get you 10 points extra. And if you hold a Ph.D. in science, technology, engineering, or maths, you have a chance to earn extra 20 points. 

Even if your salary is less than the amount mentioned above, having a job in health or education will earn you 20 points. 

 

But how can you apply for this visa?

You can apply online or visit a visa application center to prove your identity. You can even contact a UK immigration lawyer who will help you collect all the necessary documents like a certificate of sponsorship and proof of knowledge of English. 

 

Will it cost you?

Yes, it will depend on the years you will be working in the UK and whether the job qualifies as skilled labor. If your job is not on the list, you’ll have to pay a standard fee between £610 and £1,408 per person. Further, you will also need to pay a health surcharge of around £624 per person per year when you apply. 

In case you don’t qualify, you’ll get a refund of this health surcharge amount. Also, you need to show whether you can support yourselves in the UK, which is around a minimum of £1,270. 

In the End- Exceptions to the Rule

There will be no limit if you wish to go to the UK for study purposes. The new student application system will help you apply six months before starting the course. The country is also planning to launch a new graduate visa in 2021 to allow students to stay in the UK for two years to complete the degree.

Additionally, if you’re applying for a British spouse visa, you only need to meet four criteria: adequate accommodation, English language proficiency, annual income of at least £18,600, and able to demonstrate a genuine relationship. You must contact a lawyer to know more about the intricacies and nitty-gritty details of applying for the visa.

You must contact a lawyer to know more about the intricacies and nitty-gritty details of applying for the visa. 

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UDHR and Human Rights in India https://legaldesire.com/udhr-and-human-rights-in-india/ https://legaldesire.com/udhr-and-human-rights-in-india/#respond Sun, 25 Oct 2020 06:01:35 +0000 https://legaldesire.com/?p=46105 The Universal Declaration of Human Rights The greatest question one can ask is how the Universal Declaration of Human Rights did was formed and created to what it is today. However, it is a story of a lifetime that occurred before the latter, after World War 2 it was clear that the horrors of the […]

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The Universal Declaration of Human Rights

The greatest question one can ask is how the Universal Declaration of Human Rights did was formed and created to what it is today. However, it is a story of a lifetime that occurred before the latter, after World War 2 it was clear that the horrors of the war should never happen again, founded in 1945 the United Nations sort to prevent future atrocities by affirming in its foundational charter faith in fundamental human rights, in the dignity and worth of the human person and the commitment to promote better standards of life in larger freedoms. In the years that followed member states of the United Nations strived to develop the Human Rights provisions of the Charter and capture them in a single document it took 3 years to establish a common vision. On the 10th of December 1948 the General Assembly of the United Nations adoptee the Universal Declaration OF Human Rights as a common standard of achievement for all people and all nations.

According to H.V, Evatt President of the General Assembly of the United Nations, 1948, “it is the first step in a great evolutionary process. It is the first occasion on which the organized community of nations has made a declaration of human rights and fundamental freedoms. And it has the authority of the body of opinion of the United Nations as a whole and millions of people, men, women, and children all over the world, will turn for help and guidance and inspiration to this document”

The declaration was carefully drafted consisting of a Preamble and 30 Articles with Article 1 proclaiming that all human beings are born free and equal in dignity and rights.

No discrimination, right tom life, liberty and security, no slavery, no torture or cruel inhumane or degrading treatment or punishment, equal protection of the law, no arbitrary arrest, detention or exile, fair and public hearing, no arbitrary interference with his privacy, right to freedom of movement, right to seek and enjoy asylum, right to a nationality, right to marry and to found a family, right to own property, right to freedom of thought, conscience and religion, right of freedom of opinion and expression, freedom of peaceful assembly and association, right to take part in government, right to work, right to rest and leisure, right to food, clothing, housing and medical care and necessary social services, right to education, right to freely participate in the cultural life of the community these are many of the highlight of the 30 Articles in the declaration.

The declaration has generated action for human rights protection in many ways, it has inspired hundreds of human rights instruments that together constitute International Human Rights Law and number of bodies for human rights protection. The principles of the declaration have supported the decolonization  struggle and has been enshrined in the constitutions of the newly established countries which have joined the United Nations, the declarations has inspired national and regional human rights protection systems including legislations and institutions and continues to guide the work of human defenders and advocates worldwide. Today the declaration is available in more than 500 languages and dialects and it has obtained the Guinness book of record for the most translated document in the world. The 10th of December the day on which the declaration was adopted is celebrated each year as Human Rights day. The declaration emphasizes the relevance of Human Rights in our daily lives

The idea of human rights propounds that each one of us no matter who we are or where we are born is entitled to the same basic rights and freedoms. Human rights are not privileges they cannot be granted or revoked them inalienable and universal. The general questions on everyone’s mind is that, what exactly are human rights, who gets to pick them, who enforces them and how? The history behind the concept of human rights is a long one throughout the centuries and across society’s religions and cultures they struggled to find notions of rights, justice and rightfulness. The declaration takes no sides as to which rights are more important consisting of the universality, indivisibility and interdependence and in the past decade international human rights has grown deepening its roots and expanding our understanding of the principles and what human rights are and how to better protect them.

The fundamental questions in this day and age is that, why are human rights abused and ignored time and time again all over the world? The problem in general it is not at all easy to universally enforce these rights or to punish transgressions the UN and UDHR themselves, despite being highly authoritative and respected is a declaration not a hard law the main bodies within the UN in charge of protecting the human rights mostly monitor and investigate violations but cannot force states to change a policy or compensate  the victim, that’s some critics consider that its naïve to consider human right a giver in a world where state interest wills so much power. Others defend universal human rights laws and point to the positive role they have, setting international standards and helping activists in their campaigns. They also point out that not all International Human Rights are powerless for example European Convention of Human Rights establishes a code where 47 member countries and their citizens can bring cases the court issues binding decisions that each member state must comply with

Human Rights law is constantly evolving as our views and definitions of what the basic human right should be, and as our lives are increasingly digital should there be a right to access the internet a right to digital privacy?

Human Rights in INDIA

This article seeks to point out how the Indian judiciary and the legislation has responded to the seriousness taking into account of the Human Rights laws. In the Keshavananda Bharati v. State of Kerala the Supreme Court observed that, “The Universal Declarations of Human Rights may not be a legally binding instrument but it shows how India understood the nature of human rights at the time the Constitution was adopted”. It is clear that the Constitution of India was drafted inclined on the fundamental principles of the Universal Declaration of Human Rights.”

In another case of Jolly George v. Bank of Cochin, Justice Krishna Iyer asserted that, “the positive commitment of the State parties ignites legislative action at home.” Which means if the state parties positively sign the International Bill of Rights that prompts them to take a positive action at a domestic level.

In Chairman, Railway Board and others v. Mrs. Chandrima Das, the Supreme Court observed that, “the applicability of the Universal Declaration of Human Rights and principles, recognized at the Moral Code of Conduct, thereof may have to be read, if need be, into the domestic jurisprudence.” Clearly indicating that whenever the Interpretation human rights has to be done at domestic jurisprudence, they have to interpret it, in light of the principles of Universal Declaration of Human Rights

The preamble of the Indian Constitution mentions the term ‘democratic’ which denotes that the Government gets its authority from the will of the people, It gives a feeling that they all are equal “irrespective of the race, religion, language, sex and culture” in this modern era democracy is considered as a human right. The preamble also pledges justice, social, economic and political, liberty of thought, expression, belief, faith and worship, equality, of status and of opportunity and fraternity assuring the dignity of the individual and the unity and integrity of the nation to all its citizens.

The Fundamental Rights differ from ordinary rights in the sense as they are inviolable. No law, ordinance, custom, usage, or administrative order can abridge or take them away. Any law that violates any of the fundamental right is void.

 

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