David F. Vedder, P.A. David F. Vedder, P.A. 2021-07-20T16:07:20Z https://www.theimmigrationfirm.us/feed/atom/ WordPress /wp-content/uploads/sites/1401810/2021/03/cropped-3537098_favicon-32x32.png On Behalf of David F. Vedder, P.A. <![CDATA[EB-5 Final Rule voided, minimum investment drops to $500,000]]> https://www.theimmigrationfirm.us/?p=253055 2021-07-20T16:07:20Z 2021-07-20T13:06:57Z Major changes have come to the EB-5 immigrant investor program, as the Final Rule was recently voided. It had gone into effect on November 21, 2019. As a result of the ruling by the U.S. Northern District Court of California that voids that rule, everything rolls back to the rules that were in place prior to November 21.  One of the major changes with the Final Rule was that the minimum investment was raised to a total of $900,000. This change decreases it back to $500,000, effective immediately. Those seeking an EB-5 visa on the grounds of financial investment can now seek it with roughly half of the investment that was allowed for the last two years. 

Where does the minimum apply?

One thing that is worth noting is that the minimum of $500,000 only applies in a Targeted Employment Area (TEA), and the initial definition of such an area -- which was also altered in 2019 -- will be used once again. Outside of one of these areas, the minimum is still $1,000,000. 

What happens to the Regional Center Program?

In order for the Regional Center Program to continue, it would have need re-authorization on June 24, which would have come from the Senate. This was not granted, meaning that the program has come to an end. However, the Direct EB-5 Program is not impacted by this change, and it stays permanently in place. Investors can still strive to create businesses that offer at least 10-full-time jobs to workers in the United States, along with meeting the other criteria.  If you’re interested in using these programs, it’s important to know how the system currently works and what these changes mean for you. ]]>
On Behalf of David F. Vedder, P.A. <![CDATA[Why immigration officials may deny a U.S. visa request]]> https://www.theimmigrationfirm.us/?p=253052 2021-07-07T19:38:01Z 2021-07-08T19:37:39Z Anyone wishing to come to the U.S. must first apply for a visa to do so -- and there are no guarantees that your application will be approved.  There are a variety of reasons why immigration officials may deny your request. You will want to know what these are before submitting your visa application and associated fees. 

What are common reasons that visa applications are denied?

A previous conviction for a drug-related or violent offense may result in immigration officials denying your request for a visa to come to the U.S. Any request for a U.S. visa after you've been caught here illegally then deported or in which you previously overstayed your visa may also result in a denial. While some offenses may permanently bar someone from ever receiving a visa, others only do so for a set amount of time.  Other instances in which immigration officials may deny a visa request is if an application is incomplete. Similarly, denials can also happen when an applicant applies for the wrong visa or provides consular officials with insufficient information about themselves, their travel or means of support. 

Do you qualify to file a Waiver of Inadmissibility?

Immigration officials generally issue visa applicants letters outlining the reasons for the denial of their visas. This information can prove invaluable to you and your immigration attorney if you look to reapply for a visa for a second time.  You may find it necessary to apply for a Waiver of Inadmissibility as allowed under the Immigration and Nationality Act depending on the reason for your visa's denial. Please read over the additional information on our website about Waivers of Inadmissibility to see if pursuing this option is right for you in your situation. ]]>
On Behalf of David F. Vedder, P.A. <![CDATA[Can you work if you come to the U.S. as a student?]]> https://www.theimmigrationfirm.us/?p=253041 2021-06-29T15:09:29Z 2021-06-28T13:09:42Z F-1 visa, you can enter the United States as a full-time student. M-1 visas may also be used to grant you the opportunity to enroll in a vocational or nonacademic program. There are rules that apply to those who are immigrant students. Violating any of these could hurt your chances of keeping your visa.

Can students work while on an immigrant visa?

For the first academic year of school, you will not be able to work unless the job is given to you by the school and is on-campus. Once that year passes, you can seek out off-campus employment. There is another catch, which is that you are only allowed to work 20 hours per week while enrolled. On holidays or breaks, up to 40 is acceptable on-campus. In cases of extreme economic distress or hardship, the United States Citizenship and Immigration Services may approve up to 40 hours of work off-campus during holidays. Remember, your academic record matters. F-1 visa holders are also restricted from working in some roles, such as in liquor stores or gas stations. If you would like to work in the United States while you’re a student, it’s important that you are sure you’re not in violation of any of the laws or regulations. If you do violate a law related to working in the U.S., there is a potential that you could be deported or not have your visa renewed. Before you take a job, it could be helpful to speak with your university or vocational program’s director or admissions support to discuss what kinds of career options you have while in school. Sticking with a school-based job may be the best option for most students.]]>
On Behalf of David F. Vedder, P.A. <![CDATA[Supreme Court decision a setback for some immigrants aspiring to green cards]]> https://www.theimmigrationfirm.us/?p=253043 2021-06-23T17:07:44Z 2021-06-23T12:52:48Z The U.S. Supreme Court has been handing down a number of rulings in advance of its summer break. One unanimous ruling earlier this month was very disappointing news for some of the approximately 400,000 immigrants in the U.S. who have temporary protected status (TPS) and their loved ones.  The court ruled that people who entered the U.S. illegally and were later given TPS because of dangerous conditions in their homeland such as war and natural disasters cannot apply for green cards that would allow them to be permanent residents. TPS allows them to work in the U.S. and remain here without fear of deportation. However, that could change if a future president determines that the program should be canceled.   Those with TPS are from a dozen countries around the world, including El Salvador, Nepal, Haiti, Sudan, Myanmar and Yemen. The case that reached the Supreme Court involved a couple who came to the U.S. from El Salvador in the 1990s. 

The decision applies only to those who entered the U.S. illegally

In the decision, Justice Elena Kagan explained, “The TPS program gives foreign nationals nonimmigrant status, but it does not admit them. So the conferral of TPS does not make an unlawful entrant...eligible” for a green card. She noted that the decision doesn’t affect people who entered the U.S. legally and later were given TPS because of conditions in their homeland. Immigrant rights groups have sought to allow those with TPS to become permanent residents regardless of how they entered the country. They note that many of them have lived here for decades, made the U.S. their home and have had children who, because they were born here, are U.S. citizens.

Congress could pass legislation to allow all immigrants with TPS to seek green cards

The House of Representatives has passed a bill that would allow this transition to permanent resident status. However, this legislation would have to make it through the Senate, where it’s likely to face a battle. People who have immigrated to the U.S. know that their future can depend on who has the levers of power in this country in any given year. It’s essential for those with TPS to understand their rights as well as the restrictions placed on them. Legal guidance can help.]]>
On Behalf of David F. Vedder, P.A. <![CDATA[3 practical tips for immigrants who are new to the United States]]> https://www.theimmigrationfirm.us/?p=253036 2021-06-10T22:10:47Z 2021-06-10T11:23:18Z For immigrants to the United States, trying to navigate their new environment can be challenging -- but there are several things that you can do to make the transition a bit easier.  Even if you can’t handle these until you get into the country, adding them to your to-do list is beneficial. 

Get your personal documents together

Of course, you should ensure that you have your documentation in order as quickly as possible. For many, this is done ahead of time, but others might come into the country on a special petition that enables them to reside here while their application is pending.

Find a place to live

One of the most important things that you need to do is to ensure that you have somewhere to live. Many people who come to the U.S. will stay with family members at first. Some, especially those who are coming under an employment visa, may stay in an executive rental that’s paid for by the company. You might want to still find a place of your own so you have space.

Open a bank account

Having a bank account makes navigating transactions (including paying rent) a lot easier in this country. In order to open up a bank account, you’ll need some documentation, including a Taxpayer Identification Number. Contacting the bank where you hope to open an account can help you to find out what else you might need.  Immigrating to the United States is a complex process, especially given the ever-changing rules and constant reforms to various programs. It’s generally unwise to try to navigate the process without experienced legal assistance. ]]>
On Behalf of David F. Vedder, P.A. <![CDATA[How can I get Temporary Protected Status as a Venezuelan?]]> https://www.theimmigrationfirm.us/?p=253029 2021-05-24T12:22:43Z 2021-05-26T12:20:49Z over 300,000 Venezuelans who are currently in the United States. If you are one of them, it will allow you peace of mind knowing that you have the right to stay in the country, at least for a while.

What is a Temporary Protected Status?

The U.S. Government uses TPS to provide security and certainty for people who have fled their country due to the situation there. The government reviews which countries it awards it to and can take countries off the list as well as add them. The U.S. initially awards TPS for 18 months, although it can choose to extend it later. It will give you the right to apply for a work permit, allowing you to seek a job with a legitimate employer to sustain yourself. Above all it lifts the threat of deportation.

How do I apply for Temporary Protected Status?

To gain Temporary Protected Status, you need to apply to the immigration authorities. You can only do so if you are already in the country and you must pay a fee of around $500. The application can take time, and you must submit it before September 5 at the latest. It is best to seek legal help to complete your application as mistakes could lead the immigration authorities to reject it. If you wish to stay in the U.S. long term, you can still apply for that via other means. Your TPS application will give you peace of mind in the meantime. Seek legal help to understand more about the immigration rules and regulations that may apply.]]>
On Behalf of David F. Vedder, P.A. <![CDATA[Good news for Florida family as deported mom prepares for reentry]]> https://www.theimmigrationfirm.us/?p=253024 2021-05-12T08:03:37Z 2021-05-14T08:01:56Z permitted to reenter the U.S. in full compliance with the law.

The Juarez backstory

Ms. Juarez fled Mexico due to death threats as a teenager with an imperfect understanding of the English language. She admittedly lied to a border patrol agent by declaring that she was an American citizen. During her interrogation, Juarez signed documents written in English to avoid detention. Unfortunately, at that time, she did not understand what the documents said. Ms. Juarez married a Florida Marine veteran, had two kids and became a productive member of society. During this time, she tried to rectify her immigration status repeatedly, but the paperwork she signed without her understanding continued to bar her way. Finally, in 2018, she was deported back to Mexico. Although her return is not a permanent solution, the story highlights the power of determination. Without the zero-tolerance immigration policy, more families can experience the happiness the Juarez family is currently enjoying. Ms. Juarez now has an excellent chance of continuing her efforts to remain in the U.S. alongside her family. Those in need of help with individual or family immigration should consider utilizing the services of an experienced immigration law firm. In many cases, legal guidance can help foreign nationals avoid mistakes and find the right path to entering and remaining in America legally.]]>
On Behalf of David F. Vedder, P.A. <![CDATA[When does a criminal charge affect your immigration status?]]> https://www.theimmigrationfirm.us/?p=253017 2021-04-25T09:43:15Z 2021-04-28T09:42:50Z Some offenses have more serious consequences Minor charges likely won't have a bearing on immigration proceedings. You won't face deportation over a parking ticket or other minor offense. However, even misdemeanors can impact your status. Federal immigration laws do not include a list of crimes that immediately affect immigration rights. Instead, the law establishes a standard for judges to interpret. Any offense that a judge believes constitutes a crime of moral turpitude could affect your immigration status. A crime of moral turpitude is an offense that goes against the basic moral standards of a society. Violent crimes, offenses against children and drug crimes could all constitute crimes of moral turpitude, depending on the judge.

Other times that criminal offenses can affect your status

You could also find yourself facing deportation for multiple charges or convictions in unrelated matters can increase deportation risk, as can a conviction with an aggravated felony. Any immigrant facing a criminal charge will likely be worried about their future. Good legal advice and guidance through the criminal courts and the immigration fallout of a charge can help protect immigrants at risk of losing their right to stay in the United States.]]>
On Behalf of David F. Vedder, P.A. <![CDATA[Who is exempt from testing requirements for naturalization?]]> https://www.theimmigrationfirm.us/?p=252939 2021-04-22T14:13:31Z 2021-04-20T18:10:57Z Becoming a citizen of the United States requires that you undergo the naturalization process. You usually have to live in the United States as a permanent resident or green card holder first. One of the final steps in naturalization involves taking two tests administered by the United States Citizenship and Immigration Services (USCIS).


There are two major areas covered in these tests. One is Civics, and the other is the English language. The testing process requires that people be able to read and write in English, as well as the ability to answer questions in English. Unfortunately, English is a hard language to learn, and the ability to learn a new language diminishes as a person gets older.


Worries about the naturalization test could stop long-term residents from seeking citizenship. Thankfully, there are some exceptions available for those who want to naturalize but worry about the test requirements.


Older, long-term residents are sometimes exempt

If an applicant is at least 50 years old when they apply for naturalization and have had a Green Card for 20 years or more, you can potentially avoid the English language test. The same is true for anyone aged 55 or older when they apply for naturalization who has had a green card for 15 years or longer.


Some people call these the 50/20 and 55/15 exceptions. Anyone who qualifies for one of these exceptions will still have to take the Civics test but can skip taking the English language test.


Those with physical disabilities may be able to avoid testing

It can be hard to administer a test fairly to someone who has developed mental or physical disabilities. Learning a second language could also be prohibitively difficult for deaf and blind individuals. Some individuals with disabilities may be able to avoid taking both of the tests in some cases. Other times, they can ask for modifications and accommodations that help them take the test.


Most other permanent residents wanting to naturalize will need to prepare for and pass the tests required by the USCIS. Those who have to take the naturalization tests and those who qualify for an exemption may need support while applying for naturalization. Assistance with your paperwork and information about your legal rights can improve your chances of successfully becoming a United States citizen.


On Behalf of David F. Vedder, P.A. <![CDATA[3 tips for immigrants coming into the United States]]> https://www.theimmigrationfirm.us/?p=252916 2021-04-12T08:21:40Z 2021-04-14T08:11:33Z Moving to the United States is a goal for many, but preparation is key to success.  While people can and do immigrate suddenly, those who have time to plan should also consider taking steps to make acclimating to their new home a lot easier. Here are three ways to do it:

1. Learn as much English as you can

One of the most important things to do is to ensure that you’ll be able to communicate when you get here. Some places, such as hospitals, have translators available. Others, such as restaurants and grocery stores likely won’t. Learning at least a few basic phrases can make it much easier to find what you need, get help and start your transition. 

2. Be realistic about your expenses

Don’t underestimate the expenses you’ll have. You must ensure that you have enough to support yourself when you move. Even if you’re going to be living with family members, having some money can help to take pressure off of you. It’s also a good idea to learn skills that you can use to earn a living in your new home.

3. Find a community

Moving into a new place, especially a new country, can be challenging. One way that you can make it easier is to meet new people. Think about places where you can find people who have similar interests or look for immigrant community groups in your area. Anyone who’s filing an immigration petition to come to the U.S. should work closely with an attorney who’s familiar with these cases. This can help ensure that everything is filled out and documented appropriately. It can also be beneficial to already have an attorney on your side if you have to file an appeal or have any issues during the petition process. ]]>