About Town
The Julie C. Ferguson, PA team is bustling with excitement as we begin to countdown to the 2010. Rich, poor, young, or old Miami has something to offer to everyone. So whether you plan to ring in the new year at home with the one that you love, at party with friends, at a restaurant, or at one of the many street or beach parties be sure to check out this year’s staff celebration picks for fun and free ideas.
Miami Beach NYE 2010
Ocean Dr. and 8th Street Free fireworks when the clock strikes 12 o’clock.
Bayfront Park Amphitheater
Free live performances, countdown at midnight and dropping of the Big Orange and fireworks
Have it Delivered
Make reservations early with you favorite restaurant for gourmet dinning in you own home.
ALERT!! 2010 H1B Petition Statutory Limits Met
As of December 10, 2009, approximately 62,500 H-1B cap-subject petitions had been filed. USCIS is receiving about 1,000 petitions a day from companies trying to secure a petition while numbers are still available. We expect that by January 1, 2010 the maximum number of available petitions will have been allotted. Petitioners who do not get a visa number this year will be able to reapply on April 1, 2010 for an employment start date of October 1, 2010.
Giving Thanks for Haiti’s Inspirational People
For Thanksgiving this year I took a trip to Haiti. I have wanted to go for years. In some ways I felt like I knew the country having represented and become friends with so many Haitians since I came to Miami about 13 years ago. But it is a complex and fascinating country and I knew that I needed to experience it for myself. It did not disappoint. I visited some very interesting places for my first trip there; a pediatric hospital outside of Port au Prince, a school and orphanage in Delmas, and several villages in the Central Plateau including Sodo, Boucan Karé and Hinche. I even spent half a day in the National Penitentiary. While the problems that have plagued Haiti for years have not disappeared, there seems to be a renewed sense of security and hope for the future. The economy is improving. There are hundreds of non-profits and non-governmental organizations working along side Haitians to address the country’s needs from clean water, to health care, to re-forestation, and job creation. There is a renewed sense of pride in the nation and drive to bring the country from the brink of disaster. The country’s needs are great but its people are greater. I am honored to have had the opportunity to work with so many of you over the years. You continue to be a source of inspiration.
- Julie Ferguson
Know Who Can Represent You
Immigration laws and regulations are complex and challenging – don’t trust your status to a “notario.” You need an attorney who specializes in immigration practice. Consumer protection information is available in English and en Espanol.
AILA has published a state-by-state guide to assist injured consumers with information to take legal action against immigration consultants and “notarios” who prey on America’s immigrant community. We want to help. Our professional lives are dedicated to it.
In addition to committing unauthorized practice of law ("UPL"), many “notarios” or immigration consultants use deceptive advertising to misrepresent themselves an attorney or court licensed representative. Possible examples of deceptive advertising include using the term "notario" or "notario publico" in advertisements, on business cards, or in their store front, without making clear that they are not an attorney; representing that they are an attorney, "abogado," or court licensed, if this is not in fact true; or guaranteeing that they can obtain a particular result from USCIS.
If you are aware of any notarios or immigration consultants that use deceptive advertising, consider reporting the situation on-line to the Federal Trade Commission (FTC) at https://www.ftccomplaintassistant.gov/ or to the ABA's FightNotarioFraud project at http://www.abanet.org/publicserv/immigration/notario/fight_notario_fraud.shtml.
To learn more about who can and cannot represent you in immigration court review the notice issued by the U.S. Department of Justice Executive Office of Immigration Review on July 22, 2009 http://www.justice.gov/eoir/press/09/NotariosNoticeNational072209.pdf.
"AILA InfoNet Doc. No. 08100662 (posted Nov. 30, 2009)"
Rumors Squashed
U.S. Customs and Border Protection has addressed rumors regarding U.S. entry requirements and the H1N1 virus: Travelers do NOT need to present proof that they received the H1N1 flu vaccine in order to enter the United States. No such vaccination requirement exists. Travelers are encouraged to visit the Department of Health and Human Services Flu Web site for current information on seasonal flu prevention, and the "Know Before You Go" section under the Travel tab of the CBP Web site for helpful traveler tips.
Helpful Tips for Smooth Holiday Travel
The holidays are a time for giving thanks and reconnecting with the ones that we love. Unfortunately, this can be a complicated time for immigrants traveling abroad to visit family and friends. Here are a few helpful tips for a smooth and successful reentry into the country.
Undocumented immigrants should not leave the country for any reason, as doing so creates significant immigration problems. If you are an illegal immigrant and are considering leaving the country, we recommend that you consult an immigration attorney beforehand for advice.
1.) Make sure you passport is valid during the duration of your travel.
2.) Make sure that your visa is valid and that you are complying with its requirements.
3.) Be aware of arrests and convictions on your criminal record, even if they are old - FBI database checks are extensive. If you have ever been arrested or convicted of a crime, you should consult an experienced immigration attorney for advice before you leave the county.
4.) Do not stay abroad more than 6 months. If you plan to leave the country for more than 6 months, you should speak with an immigration attorney beforehand.
5.) Plan around upcoming interviews and potential Requests for Evidence (RFEs). If you have immigration matters currently pending, there is a chance that you could be scheduled for an interview while you are abroad. Also, USCIS sometimes sends clients an RFE if there is something unclear about the application, and failing to respond to an RFE can jeopardize the whole process.
Make sure that your documents are in order, and talk to an immigration attorney if you are ever in doubt.
Immigration Benefits for Victims of Domestic Abuse
If you are the victim of domestic violence, you may be able to obtain legal immigration status—permission to work and live in the Unites States and a green card without your abusive spouses help. Under the Violence Against Women’s Act (VAWA) spouses and children of US Citizens and lawful permanent residents can self-petition—file petitions on their own behalf—in order to obtain lawful permanent residency. VAWA empowers women and men to file for immigration relief without their abusive partner’s knowledge or assistance.
To learn more about VAWA please visit the Office On Violence Against Women webpage at http://www.ovw.usdoj.gov.
If you or someone you know is a victim of domestic abuse please call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).
Visa Bulletin
As we enter the second quarter of the fiscal year, there is some forward movement in the cut-off dates. Family first preference is at April 1, 2004 and second preference is at January 1,2006. The third preference emplyment-based cut-off dates moved forward a few months as well to August 2, 2002 for all countries except India which is at June 22, 2001 and Mexico which is at July 1, 2002.
Based on the current indications of demand, Charles Kuck, the current president of the American Immigration Lawyers Association projects the following best case scenarios for cut-off dates by the end of fiscal year 2010:
Employment Second:
China: July through October 2005
India: February through early March 2005
If section 202(a)(5) were to apply: China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above cut-off date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
From The Desk of Julie Ferguson
Welcome to the third edition of our VIP Newsletter! This is a monthly update sent to our clients, colleagues, friends and extended family. Our goal is to bring you the very latest news and information from the world of immigration law, helping you stay informed and abreast of all of the options available to you and the ones that you love. We also hope to share with you a bit about our staff, our community and the people and places that interest us most.
We welcome your feedback. Please let us know what immigration issues are on you mind and what sort of articles you would like to see in this newsletter each month. Please call my office with your thoughts at 305.358.0155 and ask for Christine.
Our office will be closed Thursday, December 24th, Friday, December 25th, Thursday, December 31st, and Friday, January 1st. If you need to reach a member of our staff in the event of an emergency please send an email to admin@jcfimmigration.com.
- Julie C. Ferguson