From the Desk of Julie C. Ferguson
Welcome to the December issue of the Julie C. Ferguson, PA Immigration News & Report for 2011. As we close out of 2011 and reflect on the many accomplishments and challenges that took place throughout the year, it is with gratitude and appreciation that I extend to each and every one of you sincere best wishes and a magnificent new year for 2012.
As always, we welcome your feedback. Please let us know what immigration issues are on your mind and what types of articles you would like to see in this newsletter each month. Please call my office with your thoughts, comments or questions at 305.358.0155 or email Valerie at: Valerie@jcfimmigration.com. Don’t forget to “like” us on Facebook at www.facebook.com/jcfimmigration for immediate updates and news.
- Julie
Traveling This Holiday Season?
If you are preparing to travel internationally this holiday season, it is important to review your travel documents to ensure they will allow you to return to the US following your trip overseas. If you have any questions about the implications of travel please call us to discuss these issues well before you leave. If you have any prior visa refusal, visa overstays or criminal convictions it is imperative that you consult an immigration attorney prior to departure.
Following are some of the most important factors to consider prior to traveling.
Visa Waiver Program. All eligible travelers who wish to travel to the United States under the Visa Waiver Program must now apply for authorization through the Electronic System for Travel Authorization (ESTA) Program. You should apply as soon as you know you will be traveling to ensure ample time to address an ESTA application denial. If denied, you must wait 24 hours before reapplying. However, depending on the reason for the denial, you may need to apply for a visa instead. Wait times for visas vary at US consulates but they generally get longer during the holidays. Applicants for B1/B2 business and tourist visas should be prepared to document their reasons for traveling to the US and ties to their home country and nonimmigrant intent with bank statements, evidence of property ownership, and confirmation of employment.
Nonimmigrant Visa Holders. The I-94 or arrival/departure record (not the visa stamp) is the document that governs a nonimmigrant’s status in the US. Therefore, persons in the US in valid non-immigrant status, as set forth on their I-94, do not have to maintain a valid visa stamp in their passport. However, if you are legally present in the US according to your I-94, but your visa has expired after admission, you will need to obtain a new visa stamp in order to be readmitted to the US after international travel.
Adjustment of Status Applicants (with the exception of those with valid H or L visas) must be sure to have a valid advance parole travel document in advance of traveling. USCIS is taking two to three months to issue advance paroles, and these processing times can only be expedited in critical/emergency situations. Also be sure to check with us to see whether it is advisable to get an advance parole as sometimes international travel can trigger a bar to re-admission, even with an advanced parole.
Refugees and asylees may require refugee travel documents in advance of traveling, which may take several months for processing. Refugees and asylees should beware of returning to countries from which they sought refugee or asylee status.
Criminal Convictions or Unauthorized Status require special handling and should be reviewed prior to departure from the US. Just because there have not been issues in the past in returning to the US, does not mean that Customs and Border Protection will allow an individual to return. Many people who have had problems traveling in the past have found themselves in removal proceedings upon returning to the US. Similarly people who have fallen out of status have not been allowed to return. With these tips in mind, we wish you all safe travels and the happiest holiday seasons. We would be happy to discuss any of these issues with you prior to traveling so that your travels are safe and happy this season.
News from Friends of the Firm
Are you interested in moving to the United States but frustrated by the lack of immigration options available? Are you a successful businessperson or investor? Can you provide guidance to an emerging business and offer insight to business executives?
If you answered "YES" to these questions, the EB-5 regional center green card program may be for you.
By investing $500,000 in a government-approved investment project designed to create jobs for US workers in rural or high-unemployment areas, you can obtain residency within two years for you, your spouse and any children under 21 without having to work or own and manage a business here. You may live anywhere in the US. Most regional centers will refund your $500,000 in the event your petition is not approved. Most offer a five year exit strategy for your investment. You and your family members will be eligible for citizenship after five years.
Florida Overseas Investment Center (FOIC) is one of Julie C. Ferguson PA’s trusted partners in the EB-5 Investor Visa Program. Florida Overseas is a USCIS designated Regional Center created to promote investment opportunities in the State of Florida to foreign nationals who wish to obtain permanent residency status in the United States. FOIC is a state-wide regional center sponsoring investments in 12 diverse industries. The Florida Overseas Investment Center is the only regional center that offers a professionally managed investment which allows investors to own a portfolio of diverse companies in various industries across the state of Florida. Other investment opportunities include a new class “A” boutique office building in Miami’s Design District and Las Olas Ocean Resort, an ocean front development in Fort Lauderdale, FL.
State Dept. Reaches Historic Visa Agreement with Russia
Secretary of State Hillary Rodham Clinton and Russian Foreign Minister Sergey Lavrov have announced an agreement on the issuance of nonimmigrant business, tourist, private and humanitarian visas to the Russian Federation, and for business and tourist visas to the United States, as well as short-term official travel visas to both counties. This agreement will facilitate travel between our two countries and establish stronger ties between our people. The agreement benefits the largest segments of our traveling Americans and Russians – business travelers and tourists, traveling both as individuals and in groups, by granting as a rule, on a reciprocal basis, multiple-entry visas valid for 36 months. The agreement also streamlines the visa issuance process by reducing the documentation required. These new visa validity periods will allow for expanded contacts and promote greater mutual understanding between our societies. This agreement will go into effect after an exchange of diplomatic notes in Moscow.
USCIS Announces "Entrepreneurs in Residence" Initiative
USCIS Director Alejandro Mayorkas announced the creation of an “Entrepreneurs in Residence” initiative that will “utilize industry expertise to strengthen USCIS policies and practices surrounding immigrant investors, entrepreneurs and workers with specialized skills, knowledge, or abilities.”
USCIS will launch the initiative with a series of informational summits before it pulls together a tactical team comprised of entrepreneurs and experts. The team will then work with USCIS personnel to design and implement effective solutions. “This initiative creates additional opportunities for USCIS to gain insights in areas critical to economic growth,” said Mayorkas. “The introduction of expert views from the private and public sector will help us to ensure that our policies and processes fully realize the immigration law’s potential to create and protect American jobs.” ‘Entrepreneurs in Residence’ builds upon USCIS’s August announcement of efforts to promote startup enterprises and spur job creation, including enhancements to the EB-5 immigrant investor visa program.
USCIS Redesigns Employment Authorization Document and Naturalization Certificate
On October 25, 2011 USCIS announced the redesign of the Employment Authorization Document (EAD) and the Certificate of Citizenship to enhance security and combat fraud. The agency anticipates that over the next year more than a million individuals will receive the new redesign documents which deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication. USCIS will replace EADs already in circulation as individuals apply for their renewal or replacement. All previously issued EADs remain valid until the expiration date printed on the card. Previously issued Certificates of Citizenship remain valid indefinitely.
Visa Bulletin: EB-2 China & India Visa Numbers Jump
US Department of State (DOS) has released the December Visa Bulletin. The major movement in the upcoming month’s visa bulletin is the significant forward movement in EB-2 China and India (four and a half months) and the continued forward movement in FB1 (family-based 1st preference) category. The third preference employment-based category (EB3) moved forward to January 15, 2006 for all countries of chargeability expect Mexico, India and the Philippines.
On the family sponsored preference category, the F1 preference for unmarried son and daughters of US Citizens in currently processing September 1, 2004 for all countries of chargeability, China and India. The other family preference categories moved forward for about one month since the November Visa Bulletin.
US Consulates to Issue F-1 Visa Within 15 Days
The U.S. Department of State (US DOS) has recently announced that all U.S. embassies and consulates will expedite the processing of F-1 student visa stamp applications to ensure that qualified foreign students are able to begin their studies on time. According to the Department of State, the maximum wait for a student visa appointment (for all posts) is fewer than 15 days. Foreign students can apply for their visas up to 120 days before their academic programs begin.
Diversity Visa Lottery: How to Avoid DV Visa Scams
The online registration period for the Diversity Visa-2013 (DV-2013) lottery closed on November 5, 2011 and millions of individuals submitted their applications to the Department of State (DOS) hoping to be one of the thousands selected to obtain a US immigrant visa. The U.S. State Department warns applicants to be on the lookout for fraudulent emails and scams. The DOS website states that illegitimate companies or individuals are sending congratulatory messages via email and asking the recipient to pay various fees through the Western Union money transfer for a permanent U.S. resident permit or green card. The DOS confirms that these messages are not from the U.S. Department of State and they are fraudulent. Do not send money or your personal information in response to these messages. The DOS advises that the best way to avoid scams is to check the status of the entry via their website www.dvlottery.state.gov. Selectees are no longer notified of their selection by land mail, and are not notified via email.