14 Feb 2018
immigration law lawyer

Understanding the Visa Cap on the H-1B Visa

Perhaps you are one of the many Americans that applied for an H-1B visa, a non-immigrant visa that allows U.S. companies to employ workers of graduate level in specialty occupations. The companies that employ these workers tend to take place on a technical field, such as IT, finance, accounting, architecture, engineering, mathematics, science, medicine, and many more. If you have achieved a Bachelor’s degree or higher and want to apply for the H-1B, you can do so in hopes that you will be starting your dreams in the U.S.

H-1B Visa Cap

immigration law lawyerHowever, thousands of Americans every year find out that there is a reason to be disappointed, through something known as the H-1B visa cap. Applying for non-immigrant visas can still be a difficult process, but it is generally an easier one than applying for a U.S. green card. This is why this special visa is popular among companies who wish to bring in long-term, trained staff for work assignments in the U.S. They are able to hire these workers for a longer period of time to give them work in their skill line that will benefit both company and worker. However, there is one problem: There is a lack of available H-1B visa employers.

H-1B visas are also subject to a visa cap every single financial year in the U.S. Because many U.S. employers want to meet the requirement and get started as soon as possible, they usually apply for the visa 6 months before the actual date of the visa. In fact, last year employers started applying as soon as April 2, 2017, for the 2018 cap even if employees couldn’t start work for many months later.

Immigration laws make about 85,000 H-1B visas available every year. This is broken up over 65,000 visas for overseas workers in professional level occupations, and 20,000 for the specialty workers with advanced degrees from a U.S. institution. Because this fills up quickly, in many cases the USCIS will have to hold a lottery for the available H-1B visas.

How the Annual “Lottery” Works

Every year, the USCIS holds an H-1B “lottery” due to the great number of petitions for skilled workers wanting to come to the U.S. The lottery is conducted provided the cap is hit during the first 5 business days. In 7/10 of the last fiscal years, the H-1B cap has always been reached before those first 5 business days are up. From there, petitions are selected through a random process generated by a computer system, which works to meet the cap. The first 20,000 are conducted through the lottery and then other requests are put back into the pool for the 65,000 until all workers are chosen.

As you can see, there are many workers with experience who apply for the H-1B every year in the U.S. If you are looking to apply for your H-1B to immigrate to the U.S. for specialized work, it is important to know your rights and what to expect. This sometimes-complicated process can be demanding and difficult, which is why we are here for you at Dehghani & Associates. Call us today at 203-773-9513.

 

 

 

Sources:

http://workpermit.com/immigration/usa/us-h-1b-visa-specialty-workers

https://americanimmigrationcouncil.org/research/h1b-visa-program-fact-sheet

http://www.dehghanilaw.com/

07 Feb 2018
Denationalization lawyer

Is There a Process Known as Denaturalization, and What Is It?

Perhaps you have heard of a term known as ‘denaturalization’ on the news and wonder what it is because you have fears about the process. Recently this past month, the U.S. Citizenship and Immigration Services (USCIS) partnered with the Justice Department to secure the first denaturalization, which revoked the naturalized citizenship of Baljinder Singh, which would cancel his Certificate of Naturalization.

The 43-year-old native of India arrived at an airport in San Francisco in 1991 without travel documents or proof of identity. He was ordered excluded and deported but went on to file an asylum application and married a U.S. citizen. Because his citizenship was fraudulent and part of Operation Janus, where about 315,000 cases of fingerprints went missing and criminal records were circumvented, denaturalization seemed like the only option. But what is denaturalization?

What is Denaturalization?

Denationalization lawyerAs you can see, denaturalization is a very uncommon process that an individual goes through when they are a citizen of the United States. This extremely rare process takes place when a U.S. citizen who has already been naturalized has their citizenship stripped through the process of denaturalization, which makes them subject to deportation from the U.S. However, if you are a natural-born U.S. citizen, you can never under any circumstance have your citizenship revoked against your will, but you can choose to renounce citizenship on your own.

There are a few grounds for denaturalization, which we will discuss today.

Falsification: When you are filling out paperwork and answering questions when going through the naturalization process, you must never falsify or conceal relevant facts related to your case. The USCIS may not notice that you were not telling the truth right off the bat, but a denaturalization action could be filed against you if you lie about certain things like criminal activities you were involved in or lying about your name and identity.

Refusal to Testify: If a U.S. congressional committee is doing an investigation against you, you cannot refuse to testify. These cases involve touchy subjects like harming a U.S. official or trying to overthrow the government.

Subversive Organizations: Your naturalization could be revoked if the U.S. government can prove that you joined a subversive organization such as the Nazi Party or Al Qaeda.

Dishonorable Discharge: If you have served in the U.S. military and this is the reason why you were naturalized in the first place, your naturalization could be revoked if you were dishonorably discharged before you served your five years.

If You Don’t Agree

If the denaturalization process was brought against you, you may be able to fight an action with an appeal or a defense. What if you or someone you love is being denaturalized because they were found “concealing” relevant information but nobody asked them for that information in the first place? Perhaps you were part of an organization in another country but you had no idea that they were corrupt or tried to overthrow the U.S. government. There are many defenses you could use in these types of cases.

No matter what you are going through as it pertains to immigration law, we can help you in your time of need. At Dehghani & Associates, we want to help you through a difficult time as you try to navigate the sometimes-complex laws of the U.S. immigration system. Call us today at 203-773-9513 for more information.

 

 

 

Sources:

https://www.uscis.gov/news/news-releases/uscis-partners-justice-department-and-secures-first-denaturalization-result-operation-janus

https://www.mysecondpassport.com/4819/what-denaturalization/

http://www.dehghanilaw.com/

 

31 Jan 2018
visa lawyer ct

How Immigrants Are Changing the Face of Small Businesses

Here are some fast statistics for you: In 2011, immigrants started 28% of all new U.S. businesses, even though they only account for 12.9% of the U.S. population. In just 15 years, immigrants have increased the rate in which they start businesses by an outstanding 50%. In fact, statistics also show that immigrants are now more than twice as likely to start businesses than those who have been born in the U.S.

In the past years, we have seen an economic downturn in the U.S., which is probably why many immigrants have decided that it pays to go into business for themselves to take care of their families. Many of the people who immigrate to the U.S. have found themselves in dire positions in the past – like ending up working for low-paying industries like construction, where they are prone to accidents and injuries. Just take a look at the jump in immigrant businesses: In 2008, 17% of all new business owners were immigrants, and this rose 11% in just 3 years!

These new businesses are working to generate a lot of jobs in many areas, too, which is why many cities should be thankful for the opportunities many immigrants have brought to certain areas. In recent years, places like Los Angeles and New York City have excelled due to the introduction of immigrant-owned businesses, like restaurants and more. However, with U.S. immigration policy still in a somewhat poor standing, there are limitations for many who want to start new businesses. This is why many people believe that the laws should be reformed so that it is easier for immigrants to start a business and keep it running, which could lead to many new work opportunities for a variety of people

Visas for Starting Businesses

visa lawyer ctE-2: This is a non-immigrant visa that does not lead to a green card. You must start a business or buy a business that you intend to run if you want to qualify for this visa.

EB-5: This is called the “million dollar” green card, which is your option if you have a large amount of money to invest in a business. You and your immediate family will receive green cards, but you still have to invest money to get started.

H-1B: This is a non-immigrant visa that requires you to have a Bachelor’s degree. The company that hires you must be able to employ you for up to six years.

L-Visa: This visa allows an executive of a company to move you from one of its offices in a foreign country to one in the U.S. This means that you have to have had a relationship with a foreign company.

If you are looking for business opportunities in the U.S., you may wonder what options you have. As you can see, you have many options as it pertains to visas. If you have a genuine interest in immigrating to the U.S., speak to an attorney you can trust today at Dehghani & Associates. We are waiting to hear from you at 203-773-9513.

 

 

 

Sources:

http://research.newamericaneconomy.org/report/open-for-business-how-immigrants-are-driving-small-business-creation-in-the-united-states-2/

https://www.huffingtonpost.com/2012/05/08/immigrants-new-businesses_n_1499719.html

http://www.dehghanilaw.com/

24 Jan 2018
immigration law lawyer

Overstaying Your Visa: Can You Extend a Visa?

There are many reasons why people come to the United States as visitors. Some come so that they can see the sights, others come to visit family, or even to get married. However, as everyone knows, visas have time limits that tick down and down every single day. Each category of temporary visa has its own rules on how long you are permitted to stay in the U.S. Some of these last anywhere between a few months to a few short years, and others have no maximum stay. If you have obtained a visa that has time limits, you may be feeling a sense of reluctance to return as your time dwindles down.

However, if you do not take the steps to leave and return to the U.S. at another time, you could run the risk of overstaying. This will put you on the radar of Immigration Services, which can lead to penalties in the future and the inability to return to the country. Today we will talk about the consequences of overstaying and the actions you can take to stop this from happening to you.

Consequences of Overstaying

immigration law lawyerYou never under any circumstances want to overstay your visa. If you wish to extend your stay in the U.S., the best thing that you can do is speak to your immigration attorney as soon as possible. You want to avoid expulsion from the country, which will make it difficult or even impossible to return one day in the future. For instance, you may have good intentions of staying, but that doesn’t mean the results will end well for you. Perhaps you found the job of your dreams and know that you will sustain employment. If you get caught, this won’t matter, and you could still end up being deported.

If you overstay 180 days, you will face removal proceedings from the U.S. If you overstay for less than a year, you will be inadmissible for ten years. This is why it is a good idea to abide by the laws and never overstay.

How to Extend Your Stay

Your attorney will walk you through the process of extending your visa. However, to do this, you must file a request with U.S. Citizenship and Immigration Services (USCIS) through the use of a Form I-539. This is the official Application to Extend/Change Nonimmigrant Status. An attorney will suggest that you apply to extend your stay at least 45 days ahead of time so that you are authorized before time runs out. Here are the reasons to extend your stay:

  • Lawfully admitted to the U.S. with a nonimmigrant visa
  • Nonimmigrant visa status remains valid
  • Haven’t committed any crimes
  • Have not violated the conditions of your admission
  • Passport is valid and will remain so

As you can see, there are many benefits to extending your visa so that you can remain in the U.S. You don’t want to risk being deported back to your home country and not being able to return to see your loved ones or remain employed. At Dehghani & Associates, we understand your case and can help you every step of the way. Call us for immediate assistance today, at 203-773-9513.

 

 

Sources:

https://resources.lawinfo.com/immigration/overstaying-your-visa.html

https://www.uscis.gov/visit-united-states/extend-your-stay

http://www.dehghanilaw.com/

18 Jan 2018
immigration law lawyer

What is a Sponsor? Can Your Children Help?

There are many ways that you can move forward with a sponsor. But what is a sponsor? The term “sponsor” in refers to bringing somebody to the United States. There are typically two ways that a sponsor works: An employer will choose to sponsor an immigrant through the workplace to bring them to the U.S., or a family member will sponsor another relative to bring them here.

As it Pertains to Employers

Many people find that one of the easiest ways to gain a sponsor is to go through their employer. A U.S. employer is able to sponsor a current or prospective national employee who is inside or outside of the U.S. and is qualified for an employment-based (EB) immigrant visa category. This means that they are known as a priority worker, professional with an advanced degree or obtaining an exceptional ability, or professional skilled worker. This is the path that many people take when they want to be sponsored and come to the U.S. for new opportunities.

Can I Help a Family Member Come to the U.S.?

immigration law lawyerIn all other cases, a family member would have to help sponsor their family member. A person’s status in the U.S. will determine which relative, or future relative, will be eligible for receiving immigration benefits through a sponsor. However, your loved one must be a U.S. citizen, Green Card Holder, and refugee admitted as a refugee within past 2 years to be able to help you with sponsorship.

So that brings us to our final question: Can a minor U.S. citizen child sponsor their parent to come to the U.S.? Children who have been born in the U.S. are absolutely permitted to sponsor their parents; however, minor children are exempt from this. A child must be 21 to file an immigrant petition for their parents to immigrate. On top of that, the parent must still meet all of the requirements to gain a green card in the U.S. even if the child is able to file.

It is a common misconception that, just because an immigrant gave birth to a child in the U.S., their child will be able to sponsor them for permanent residence no matter what. They must still maintain their immigrant status until the day their child is 21 and cannot become a permanent resident before then. These babies are known commonly to the public as “anchor babies” and are children born to undocumented immigrants. Many parents choose to give birth to their children and return home, waiting until their children are old enough to complete the process and bring them back to the states.

If you have questions about how the sponsorship process works as it pertains to you and your children, you should always turn to an immigration attorney who has experience in these cases and can help you. At Dehghani & Associates, we can answer all your questions regarding your filing and rights. Call us today for more information at 203-773-9513.

 

 

Sources:

https://www.uscis.gov/sites/default/files/USCIS/Resources/E2en.pdf

https://www.uscis.gov/tools/glossary/sponsor

https://www.uscis.gov/family

https://www.us-immigration.com/blog/can-minor-u-s-citizen-children-sponsor-their-parents/

http://www.dehghanilaw.com/

 

10 Jan 2018
new haven immigration lawyer

When You or Your Family Are Facing Deportation

Deportation, as you are familiar with, is the process where the federal government chooses to remove an alien from the U.S. for immigration violations or criminal cases. The process takes on many complex steps, from the Notice to Appear (NTA) first being served, to a hearing and more. If you are facing deportation and you fear for what could happen to your family, as a result, turn to us in your time of need. Deportation is a terrifying concept that takes place in many immigrants’ lives every day in the U.S. We can help.

Immigrant Families in the U.S.

In the U.S., there are approximately 5 million children who are under 18 and have one parent or more who are in this country illegally. The Migration Policy Institute found that about 79% of these children are U.S. citizens. A wide variety of these people living in the country live in Los Angeles, but they are spread out across the country, and you may have questions if you are one of them. With policies always changing, many families face the idea of permanent separation between their children and themselves, leaving them in a place of chaos as they find alternative homes so they don’t have to bring their children back to dangerous countries.

new haven immigration lawyerWith Executive Order 13768 sweeping, anything is up in the air. The newest plan under the presidency says that it prioritizes the removal of foreign nationals who have committed any criminal offenses, charged with one, or committed one that could have led to charges. The same applies for those who have abused government assistance programs or any other agency. Of the 240,000 people who have been deported in the federal fiscal year already, 94% were deportees according to these justifications. This is why many organizations are telling immigrants to prepare for the worst, in case ICE checks in on them. This usually means turning to an attorney to can help you at your meeting and help you retain your rights in this time of need.

Defending You

There are several defenses that can be used if you are facing deportation. When removal proceedings are about to take place, you may use one of these defenses to keep you grounded with your family:

Not Removable: The Department of Homeland Security must be able to show that you can be removed and, if they cannot show this, you have no removability. If you are undocumented, however, you will probably be deemed “removable.”

Federal Law Protections: Some federal laws are in place to protect you from deportation. Your living situation could dictate this, based on such acts as the Immigration and Nationality Act, Convention against Torture, and Violence against Women Act.

Violence of Home Country: If you will be persecuted in your home country, you could be granted relief in some situations.

If removal proceedings have already started against you, we can help. We can help you secure a bond and attempt to find every defense necessary to help you stay here in the U.S. Because removal cases tend to be very complicated, you should always have an experienced attorney on your side. At Dehghani & Associates, we care about your case and your life with your family. Call us for more information today at 203-773-9513.

 

Sources:

http://www.latimes.com/politics/la-na-questions-trump-immigration-20170322-htmlstory.html

http://www.phoenixnewtimes.com/news/what-happens-to-us-citizen-kids-after-their-only-parent-is-deported-9134889

http://www.dehghanilaw.com/