florida-immigration-attorney « WordPress.com Tag Feed

Am I Eligible for Permanent Residence (Green Card) Under the First Preference EB-1 Visa Category?

Rose H. Robbins — Sun, 06 Jan 2013 13:54:10 +0000

Employment-Based Immigration for Permanent Residence: First Preference EB-1 Category

You may be eligible for a permanent residence (green card) under the First Preference Immigration Petition (EB-1) visa category if: 1) you have an extraordinary ability, 2) are an outstanding professor/outstanding researcher, or 3) are a multinational executive or manager.

The beauty of this category is in the lack of a Labor Certification requirement which translates in lower costs and quicker processing times. In addition, the almost perpetual currency of visa numbers means speedier adjustment of status and receipt of the green card.

Each of these three occupational sub-groups have certain requirements that must be met:

1) Extraordinary Ability Sub-Group (EB-1A):

Description:

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

Eligibility Criteria for Demonstrating Extraordinary Ability:

You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

* Criteria

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

Evidence of your membership in associations in the field which demand outstanding achievement of their members

Evidence of published material about you in professional or major trade publications or other major media

Evidence that you have been asked to judge the work of others, either individually or on a panel

Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

Evidence that your work has been displayed at artistic exhibitions or showcases

Evidence of your performance of a leading or critical role in distinguished organizations

Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

Evidence of your commercial successes in the performing arts

Application Process:

Extraordinary Ability: You may petition for yourself by filing a Form I-140, Petition for Alien Worker.

2) Outstanding Professors/Outstanding Researchers Sub-Group (EB-1B):

Description:

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

Eligibility Criteria for Outstanding Professors and Researchers:

You must include documentation of at least two listed below** and an offer of :

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

Evidence of receipt of major prizes or awards for outstanding achievement

Evidence of membership in associations that require their members to demonstrate outstanding achievement

Evidence of published material in professional publications written by others about the alien’s work in the academic field

Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

Evidence of original scientific or scholarly research contributions in the field

Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Application Process:

Outstanding Professors and Researchers: Your employer must file a Form I-140, Petition for Alien Worker, and offer a permanent position.

3) Multinational Manager or Executive Tranferee Sub-Group (EB-1C):

Description:

You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

Eligibility Criteria for Multinational Manager or Executive:

Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

Application Process:

Multinational Manager or Executive: Your employer must file USCIS Form I-140, Petition for Alien Worker, and offer a permanent position.

The Law Offices of Rose H. Robbins represents clients all over the United States and all over the world. Please call us at: (954) 946-8130 to schedule your free telephone consultation. This is a FREE consultation and you will not be charged for this call.

* Major Florida Cities We Serve

Boca Raton Cape Coral Clearwater Deerfield Beach Ft. Lauderdale Gainesville Hialeah Hollywood Jacksonville Lighthouse Point Miami Miami Beach Orlando Pompano Beach Port St. Lucie St. Petersburg Tallahassee Tampa West Palm Beach

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

You may also fill out the “Contact an Immigration Lawyer” form below for instant delivery to our confidential email system. The Law Office of Rose H. Robbins will contact you within twenty-four (24) business hours of receipt of this form to discuss your questions. I understand that by submitting this form that the Law Office of Rose H. Robbins does not represent me and are are not my attorney and there is no attorney-client relationship by submitting my question or requesting that the Law Office of Rose H. Robbins contact me. I understand that the ONLY way that the Law Office of Rose H. Robbins will represent me is by entering into a written fee agreement/retainer agreement and that this form is not a fee agreement/retainer agreement.

We look forward to hearing from you!

Disclaimer: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide ask us to send you free written information about our qualifications and experience. This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should consult an attorney for individual advice regarding your own situation.

Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Offices of Rose H. Robbins or establish an attorney-client relationship.

USCIS Issues Operational Guidance for EB-5 Visa Cases Involving Tenant-Occupancy

Rose H. Robbins — Mon, 31 Dec 2012 00:25:43 +0000

USCIS Posts EB-5 Guidance, Dec. 20, 2012

“This guidance memorandum (GM) is intended to facilitate adjudication of cases involving issues related to the “tenant-occupancy” methodology for establishing job creation in EB-5 cases. The guidance has been formulated following careful internal deliberation, consultation with sister government agencies, and review of responses to requests for evidence (RFEs) issued in February 2012 to a number of outstanding Regional Center applicants who relied on the tenant occupancy methodology. This guidance will be applied to pending cases and cases filed on or after the date of this guidance that rely on the tenant-occupancy methodology. This guidance does not rescind or supersede other EB-5 guidance.” Click to read full text Interim EB-5 Tenant-Occupancy GM

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

Designation of Taiwan for the Visa Waiver Program

Rose H. Robbins — Tue, 23 Oct 2012 15:49:34 +0000

AGENCY: Office of the Secretary, DHS.

ACTION: Final rule.

SUMMARY: Eligible citizens, nationals and passport holders from

designated Visa Waiver Program countries \1\ may apply for admission to

the United States at U.S. ports of entry as nonimmigrant aliens for a

period of ninety days or less for business or pleasure without first

obtaining a nonimmigrant visa, provided that they are otherwise

eligible for admission under applicable statutory and regulatory

requirements. On October 2, 2012, the Secretary of Homeland Security,

in consultation with the Secretary of State and with reference to the

Taiwan Relations Act of 1979, designated Taiwan for participation in

the Visa Waiver Program. Accordingly, this rule updates the list of

countries designated for participation in the Visa Waiver Program by

adding Taiwan.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

Green Card Through Investment - the EB-5 Visa is Alive and Doing Great!

Rose H. Robbins — Tue, 23 Oct 2012 03:54:12 +0000

Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence). Up to 10,000 visas may be authorized each fiscal year for eligible entrepreneurs.

You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area). In return, USCIS may grant conditional permanent residence to the individual. For more information, see Section 203(b)(5) of the Immigration and Nationality Act (INA) and 8 CFR 204.6

What are the Eligibility Criteria?

You may be eligible to receive permanent residence based on investment if:

You have an approved Form I-526, Immigrant Petition by Alien Entrepreneur

You are admissible to the United States

An immigrant visa is immediately available

What is the Application Process?

A) If You Are Living Outside the United States:

You can become a permanent resident through consular processing if you live outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-526.

B) If You Are Living in the United States:

You can become a conditional permanent resident through adjustment of status if you live inside the United States.

Once the Form I-526 is approved and a visa number is available, you can apply for conditional permanent residence on Form I-485, Application to Register Permanent Residence or Adjust Status.

What Supporting Evidence do I Need to File the Form I-485?

You should submit the following evidence/documentation with your application:

Two passport-style photos

Form G-325A, Biographic Information, if you are between 14 and 79 years of age

Copy of government issued photo identification

Copy of birth certificate

Copy of passport page with nonimmigrant visa (if applicable)

Copy of passport page with admission (entry) or parole stamp (if applicable)

Form I-94, Arrival/ Departure Record (if applicable)

Certified copies of court records (if you have been arrested)

Form I-693, Report of Medical Examination and Vaccination Record

Applicable fees

The approval notice for Form I-526 (Form I-797)

What about the Family of the Entrepreneurs?

Your spouse and unmarried children under the age of 21, (known as derivatives) may be included on your immigration petition. If they are residing in the US, they will each need to file a Form I-485. They are counted towards the annual cap of 10,000 visas.

Will I Get Work & Travel Authorization?

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

EB-5 Regional Centers and the Immigrant Investor Pilot Program ("Pilot Program")

Rose H. Robbins — Thu, 13 Sep 2012 15:14:21 +0000

What are the EB-5 requirements for an investor under the Pilot Program?

The Immigrant Investor Pilot Program (“Pilot Program”) was created by Section 610 of Public Law 102-395 (Oct. 6, 1992), and has been extended through Sept. 30, 2012. EB-5 requirements for an investor under the Pilot Program are essentially the same as in the standard EB-5 investor program, except the Pilot Program provides for investments that are affiliated with an economic unit known as a “Regional Center.” Investments made through regional centers can take advantage of a more expansive concept of job creation including both “indirect” and “direct” jobs.

A Regional Center is defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. The organizers of a regional center seeking the “Regional Center” designation from USCIS must submit a proposal, supported by economically or statistically valid forecasting tools, showing:

*How the regional center plans to focus on a geographical region within the United States. The proposal must explain how the regional center will promote economic growth in that region.How, in verifiable detail (using economic models in some instances), jobs will be created directly or indirectly through capital investments made in accordance with the regional center’s business plan.

*The amount and source of capital committed to the regional center and the promotional efforts made and planned for the business project.

*How the regional center will have a positive impact on the regional or national economy.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

New USCIS Process to Request Deferred Action for Childhood Arrivals Begins August 15, 2012

Rose H. Robbins — Tue, 14 Aug 2012 21:34:04 +0000

Education is the thing!

USCIS held a stakeholder meeting this afternoon, August 14, 2012, on Deferred Action and Mr. Mayorkas formally announced the opening of the program on August 15, 2012. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization. Thus, you may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching your 16th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Several important issues came to light during the meeting. USCIS has made the form necessary to apply for Deferred Action, Form 821D, and an EAD available online. Mr. Mayorkas noted that information of applicants and, significantly, their families will not be shared with ICE for immigration enforcement purposes. USCIS also expressed concern over applicants documenting past or current education, noting that educational institutions must be recognized and accredited by a state or federal government or both, likely receiving funding from public sources. Importantly, the burden is on the applicant to prove that the educational institution comply. Finally, USCIS advised those with final orders of deportation on what they should do – apply for Deferred Action through USCIS then go to the Office of the Chief Counsel and seek to reopen the removal matter.

If you have questions about how this new policy applies to you then please contact us. The Law Offices of Rose H. Robbins represents clients all over the United States and all over the world. Please call us at: (954) 946-8130 to schedule your free telephone consultation. This is a FREE consultation and you will not be charged for this call.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

Law Grants Automatic Citizenship to Some Children Born Abroad

Rose H. Robbins — Thu, 12 Jul 2012 01:36:53 +0000

“Most U.S. citizens acquire citizenship by being born in the U.S., or through a process called naturalization. However, there are certain people born abroad who can acquire citizenship automatically. The Child Citizenship Act of 2000 grants automatic citizenship to the biological and adopted children of parents who are U.S. citizens.” – State Department

What is an immigration Form I-864 Affidavit of Support?

Rose H. Robbins — Tue, 10 Jul 2012 19:44:54 +0000

An affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently. The person who signs the affidavit of support becomes the sponsor of the relative (or other individual) coming to live in the United States. The sponsor is usually the petitioner of an immigrant petition for a family member.

An affidavit of support is legally enforceable; the sponsor’s responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or can be credited with 40 quarters of work (usually 10 years).

The law concerning affidavits of support is found in Immigration and Nationality Act (INA) sections 212(a)(4) and 213A. The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a.

Submitting an Affidavit of Support

The following individuals are required by law to submit a Form I-864, Affidavit of Support, completed by the petitioner to obtain an immigrant visa or adjustment of status:

* All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences:

o First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)

o Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children

o Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children

o Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children

* Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition.

Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER:

* Already worked 40 qualifying quarters as defined in Title II of the Social Security Act

* Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act

* Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000

When NOT to Submit an Affidavit of Support

The following types of people do not need to file an affidavit of support:

* An individual who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States

* An individual who has an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a Self-Petitioning Widow or Widower

* An individual who has an approved Form I-360 as a battered spouse or child

* Orphans adopted by U.S. citizens abroad if a full and formal adoption takes place before the orphan acquires permanent residence and both adoptive parents have seen the child before or during the adoption

Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

Sponsor for Affidavit of Support

If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

Section 213A of the INA permits both a “joint sponsor” and a “substitute sponsor” in certain cases.

Joint Sponsor

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

Substitute Sponsor

If the visa petitioner has died after approval of the visa petition but U.S. Citizenship and Immigration Services (USCIS) decides to let the petition continue, a substitute sponsor must file a Form I-864 in place of the deceased visa petitioner. In order to be a “substitute sponsor,” you must be related to the intending immigrant in one of the following ways:

* Spouse

* Parent

* Mother-in-law

* Father-in-law

* Sibling

* Child (if at least 18 years of age)

* Son

* Daughter

* Son-in-law

* Daughter-in-law

* Sister-in-law

* Brother-in-law

* Grandparent

* Grandchild

* Legal guardian of the beneficiary

You must also:

* Be U.S. citizen or national or a permanent resident

* Be at least 18 years of age

* Be domiciled (live) in the United States

* Meet all of the financial requirements of a sponsor pursuant to INA 213A

The substitute sponsor assumes all of the obligations of an I-864 sponsor.

How to File an Affidavit of Support

You, the sponsor, should complete Form I-864 when your relative has been scheduled for an immigrant visa interview with a consular officer overseas or when your relative is about to submit an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United States. If you have a joint sponsor, they must also complete Form I-864. If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member.

You are required to provide your U.S. federal income tax return for the most recent tax year as well as proof of current employment. If you were not required to file a tax return in any of these years you must provide an explanation. Failure to provide the tax return or evidence establishing that you were not required to file will delay action on your relative’s application for permanent residence. If this information is not provided, this will result in denial of an immigrant visa or adjustment of status.

When you have completed the affidavit of support, compiled the necessary documentation, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions.

Income Requirements

You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.)

If you, the sponsor, are on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child, your income only needs to equal 100% of the U.S. poverty level for your household size.

If You Can’t Meet the Minimum Income Requirements

If you cannot meet the minimum income requirements using your earned income, you have various options:

* You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

o Exceptions:

+ If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.

+ If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.

* You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.

* You may count the assets of the relatives you are sponsoring.

Responsibilities as a Sponsor

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If the individual you sponsored receives any “means-tested public benefits,” you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.

Change of Address

If you change your address after you become a sponsor, you are required by law to notify the USCIS within 30 days by filing Form I-865, Sponsor’s Notice of Change of Address. If you fail to notify the USCIS of your change of address, you may be fined.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

Deferred Action for Immigrant Youth: A Q&A Guide

Rose H. Robbins — Mon, 25 Jun 2012 23:49:26 +0000

Ellis Island Great Hall Registry Room

“Below is a Q&A guide outlining basic facts on deferred action, who is eligible, and important information on process and timing.

Q&A Guide Deferred action for Dreamers.

NOTE: If you believe you are eligible for deferred action, DO NOT turn yourself in and DO NOT give money to anyone promising to get you legal status.” – IPC, June 20, 2012.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

[contact-form] [contact-field label="Contant an Immigration Lawyer: your name here" type="name" required="true" /] [contact-field label="Email" type="email" required="true" /] [contact-field label="Subject of your concerns" type="url" /] [contact-field label="Summary of your immigration situation" type="textarea" required="true" /] [/contact-form]

ICE Prosecutorial Discretion Initiative: Latest Figures in TRAC report from Syracuse University

Rose H. Robbins — Sun, 29 Apr 2012 14:00:56 +0000

Diego Rivera mural

“A special Immigration and Customs Enforcement (ICE) program announced last August to reduce the massive backlog of pending matters by identifying those that could be dismissed or put on hold has resulted in the closure of 2,609 cases, according to government data covering the period up to the end of March. The backlog reduction is less than one percent of the 298,173 cases pending before the Immigration Courts as of the end of last September.”

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

How can I self check whether I am eligible to work?

Rose H. Robbins — Thu, 19 Apr 2012 16:24:48 +0000

All employers in the United States are required to verify the work eligibility of everyone they hire. Self Check is a voluntary, free and simple service that allows you to check your employment eligibility first. Self Check – apply with confidence. Click here to use Self Check. http://1.usa.gov/h0l859

How to Make a FOIA or PA Request

Rose H. Robbins — Wed, 18 Apr 2012 03:31:42 +0000

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, provides that any person has a right to request access to immigration records, except those records exempted by the Act (e.g., classified national security, business proprietary, personal privacy, and investigative).

The Privacy Act of 1974 (PA), 5 U.S.C. § 552(a) provides legal permanent residents and U.S. citizens a right to protection of and access to records filed and retrieved by their name or personal identifier.

As required by the FOIA, ALL REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 may be used for this purpose, but is not required. A link to this form can be found on this page. A letter including the criteria below is sufficient. Requests must be for access to existing records. The FOIA/PA Program Office will not “create” records for the purpose of a FOIA or PA request.

The following four steps outline “How to Make a FOIA or PA Request:”

1. On your written request, include a daytime phone number so that we may contact you. Fees in searching, copying and reviewing records may apply, see below.

2. Provide as much information as possible on the subject matter. This will help expedite the search process.

3. Verification of Identity, Guardianship, Accompanying Persons, and Amendment requests are requirements for making a request for records of a personal nature. Requests for disclosure of records on individuals other than yourself require consent or proof of death.

4. Mail requests for USCIS records to the National Records Center, FOIA/PA Office, P. O. Box 648010, Lee’s Summit, MO 64064-8010.

5. Effective immediately, USCIS no longer collects Social Security Numbers in connection with FOIA or PA requests. When forwarding any documents to USCIS related to a FOIA or PA request, please ensure all Social Security Numbers are blanked out or removed

Mail requests for human resources information to: Customs and Border Protection, Burlington Human Resources Office, 70 Kimball Avenue, South Burlington, VT 05403-6813.

Certifications: Certification of Nonexistence of a Record involves an agency decision. Requests for this service should be addressed to U.S. Citizenship and Immigration Services, ATTN: Records Services Branch, 1200 First Street, NE, 2nd Floor, Washington, D.C. 20529-2204.

Expedited Processing of FOIA Requests

Generally, USCIS processes FOIA requests on a first-in/first-out basis. FOIA requests may be taken out of order and processed on an expedited basis only if USCIS determines that the request involves (1) circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to someone’s life or physical safety, or (2) an urgency to inform the public about an actual or alleged federal government activity and the request is made by a person primarily engaged in disseminating information. See 6 C.F.R. 5.5(d).

Every request for expedited processing must be accompanied by a statement from the requester setting forth in detail the reasons why expedited processing is warranted. The requester must also certify that the reasons given in support of expedited processing are true and correct to the best of the requester’s knowledge and belief. Requests for expedited processing that are not properly certified will not be considered.

Within ten calendar days of receiving a request for expedited processing, USCIS will notify the requester of its decision whether to grant or deny the request. If a request for expedited treatment is granted, the FOIA request will be given priority and processed as soon as practicable. If the request for expedited processing is denied, the requester may appeal the decision. Please refer to the “Appeals of Adverse Determinations” section for further information regarding the appeal process.

Appeals of Adverse Determinations

A requester dissatisfied with a determination by USCIS to deny a FOIA request in any respect may appeal the determination to the Department of Homeland Security, U.S. Citizenship and Immigration Services, National Records Center, FOIA/PA Appeals Office, Suite 500, 150 Space Center Loop, Lee’s Summit, MO 64064-2139. Appeals must be in writing and must be received by the FOIA/PA Appeals Office within 60 days of the date of the letter denying the request. The appeal letter should clearly identify the adverse determination that is being appealed, as well as the assigned FOIA request number, if known. For expeditious handling, the appeal letter and the envelope should be marked “Freedom of Information Act Appeal.”

Requests are deemed to constitute an agreement to pay any applicable fees that may be chargeable up to $25.00 without notice. Most requests do not require any fees; however, if fees exceed $25.00, we will notify you beforehand. Do not submit fees with initial requests.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

Victims of Crimes (S, T or U visas) or Domestic Violence (VAWA petitions)

Rose H. Robbins — Tue, 03 Apr 2012 14:11:42 +0000

Being the victim of domestic abuse or any other type of crime is frightening enough for most people. But for individuals who are here provisionally or who are without status in the U.S. it is nothing less than terrifying.

At the Law Office of Rose H. Robbins, we offer legal assistance to victims to obtain nonimmigrant visas as follows:

A) Victims of Certain Crimes (in three categories):

1.) S visas for victims of organized crime or terrorism

2.) T visas for victims of human trafficking

3.) U visas for victims of violent crimes (some common examples include domestic violence, involuntary servitude, kidnapping, false imprisonment, assault, blackmail, and extortion)

All three of these visa categories allow for a potential stay of three years and the eventual possibility to apply for lawful permanent residence. But because each of these visas requires a victim to cooperate in any criminal prosecution, speaking with an immigraation attorney before seeking one is highly recommended.

B) Victims of Domestic Violence (VAWA spousal self-petitioner)

The 1994 Violence Against Women Act (VAWA) and the Battered Immigrant Women’s Protection Act of 2000 allow individuals who are married to U.S. citizens or lawful permanent residents to obtain residency in two ways — through self-petitioning or through cancellation of removal – as follows:

1.) Self-Petitioning / Battered Spouse Petitions — Instead of depending upon a spouse to apply for residency, a victim of domestic violence can apply for residency independently. The resident spouse plays no role in the process and does not have to know that the applicant is filing a VAWA claim. VAWA is complicated, however, and you should consult with a lawyer before proceeding.

2.) Cancellation of Removal — This option is available to applicants who are in, or who can be placed into, removal proceedings. Because applicants must be in removal proceedings before VAWA cancellation of removal is possible, it is necessary to see an immigration attorney before this type of VAWA relief is sought.

If you have been the victim of domestic violence at the hands of a U.S. citizen or lawful permanent resident — call or contact us directly (Tel: (954) 046-8130 at our Boca Raton, Florida law offices to schedule a free initial telephone consultation with an attorney.

The Law Offices of Rose H. Robbins represents clients all over the United States and all over the world.

* Some of the major Florida cities that we serve:

* Some of the major Florida counties that we serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

Immigration Waiver Applications after Disqualification

Rose H. Robbins — Mon, 02 Apr 2012 04:01:58 +0000

A waiver is an application to USCIS to get permission to receive an immigration benefit when the applicant may be disqualified from obtaining that benefit due to his or her health history, immigration history, criminal record, or other factors. Waiver applications are labor intensive and may be critical to the outcome of your immigration case.

Wavier Petition (I-601)

We have a preliminary consultation to see if you are eligible for a waiver. We fill out the Form I-601. We discuss any and all issues that may influence your waiver eligibility, such as health problems, criminal history, immigration history, and financial history. I prepare your supporting statement, I prepare supporting statements from friends, family, and colleagues. Where applicable, I do the legal research and draft the legal memorandum in support of your waiver. I prepare any relevant and useful supporting documentation for your waiver, including background conditions in your country of origin and expert opinions.

Application for Permission to Reapply for Admission into the US After Deportation or Removal (Form I-212)

$2,500 Base Legal Services Fee

A person who has been ordered Removed or Deported from the United States must file this application before reentering the US This Application involves almost exactly the same work as the Waiver Form I-601, outlined above.

Application for the exercise of discretion under section 212(c). (Form I-191)

This application is for Legal Permanent Residents who have plead guilty to certain crimes in or before 1996 and who have been placed into Immigration Court Proceedings or wish to cancel the immigration consequences of their guilty plea. This Application involves almost exactly the same work as the Waiver Form I-601, outlined above.

Application for Nonimmigrant Visa Waiver under 212(d)(3)

We have a preliminary consultation to see if you are eligible for a waiver. We fill out the Form I-192, if applicable. We discuss why you want to visit the United States temporarily. This Application involves almost exactly the same work as the Waiver Form I-601, outlined above, although it is a bit different because the applicant is seeking to enter the United States temporarily, and not permanently. Nonimmigrant visa waivers are an option for someone who has a great need to visit the U.S., to see family members, to get medical treatment, and for a host of other reasons.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

Immigration Benefits for Family Members of U.S. Citizens and Permanent Residents

Rose H. Robbins — Mon, 02 Apr 2012 03:50:04 +0000

Family Based Immigrant Visa Petition

US citizens are able to petition for family members, including spouses, parents, children and siblings, to become permanent residents and start on the path to citizenship.

Options for Families of US citizens:

* Immediate Relatives – Children (under 21), parents and spouses of U.S. Citizens

* FB-1 First Preference – Unmarried sons and daughters of US citizens.

* FB-2 Third Preference – Married sons and daughters of US citizens.

* FB-4 Fourth Preference – Brothers and sisters of US citizens.

* K-1 and K-3 Fiancée Visas – Fiancées of US citizens are eligible for these non-immigrant visas that are good for 90 days

* K-3 Visas – For spouses of US citizens whose petition for permanent residency has not been approved and forwarded to the US consulate in the spouse’s home country.

Options for Families of Permanent Residents

Permanent residents (holders of “green cards”) are able to petition for permanent residency for family members under the following visa programs:

* FB-2A Second Preference – Spouses and unmarried children of permanent residents.

* FB-2B Second Preference – Adult sons and daughters of permanent residents.

* V Visas – Spouses or children or lawful permanent residents, if the permanent resident has filed a petition for the spouse or child before December 21, 2000 and the petition is still pending.

The Law Offices of Rose H. Robbins represents clients all over the United States and all over the world. Please call us at: (954) 946-8130 to schedule your free initial telephone consultation. This is a FREE consultation and you will not be charged for this call.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

Applications for United States Citizenship (Form N-400)

Rose H. Robbins — Mon, 02 Apr 2012 03:08:46 +0000

Citizenship Petition

Persons who have been legal permanent residents for 3 to 5 years may apply for United States Citizenship. Our legal fees vary between $750 and $1500 depending on the complexity and issues of the case. You may choose to have a preliminary consultation to see if you are eligible for Citizenship and the fee for that is $350 which is applied to the total fee if you decide to retain the firm. Once retained, we fill out the Form N-400 and prepare the supporting documents. We discuss any and all issues that may influence your citizenship application, such as health problems, criminal history, immigration history, and financial history. Residency Applicants always have to go to an interview at with the USCIS Naturalization Office. If you hire us to prepare the documents that you must bring to the interview and to prepare for the questions that the immigration official will ask you, our fee is an additional $250. Our fee for your hiring the attorney to attend the interview with you is an additional $350. The fees on this page do not include expenses fees such as USCIS filing fees, translations services, postage, etc. which apply to all the cases we take.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

How Do I, a Permanent Resident, Help My Relative Become a U.S. Permanent Resident?

Rose H. Robbins — Mon, 26 Mar 2012 15:30:31 +0000

As a permanent resident of the United States, you may help a relative become a lawful permanent resident based on your status. To do so, you will need to sponsor your relative and be able to prove that you have enough income or assets to support your relative(s) when they come to the United States.

How do I begin the process?

You begin the process by filing Form I-130, Petition for Alien Relative.

Which relatives may I petition for?

A permanent resident of the United States can file a petition for the following relatives:

Husband or wife; and

Unmarried child(ren), regardless of age.

Note: Only U.S. citizens may petition for married children.

When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing.

What does the petition do for my relative?

Filing an I-130 relative petition and proving a qualifying relationship gives your relative a place in line for a visa number among others waiting to immigrate based on that same kind of relationship from the same country or region. When your relative reaches the head of the line, he or she may be eligible to immigrate.

For example: You file an I-130 petition for your husband or wife. When approved, your petition gives him or her a place in the line of people from the same country who are also husbands and wives of permanent residents.

Your relative’s place in line will be based on the date you file your petition. Therefore, there is an advantage to filing as soon as possible. While there is no waiting line for most immediate relatives of U.S. citizens, sons and daughters over 21 years old will have a waiting time. So if you naturalize while your relatives are waiting for visas, they may be able to immigrate sooner.

What about my relative’s family?

In most cases, when your spouse’s place in line is reached, his or her unmarried children under 21 years old can follow to join the relative on the same visa petition. However, if an unmarried child turns 21 years old before reaching the “front of the line,” you will need to file a new separate petition for each child included on the original petition. Please following instructions and include a copy of the receipt notice for the original petition.

What if my unmarried child marries?

A petition for an unmarried child will be automatically revoked if he or she marries, since there is no visa category for a married son or daughter of a permanent resident. However, if you become a U.S. citizen before your child marries, you can continue the immigration process by filing a new I-130 visa petition for your child.

After I file, how long will it take before my relative can immigrate?

For most relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means that they may have to wait several years. When your relative reaches the front of the line, the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa. If you are interested in current wait times, see “Visa Bulletins” on the State Department’s website at http://www.travel.state.gov/visa.

Can my relative wait in the United States until he or she can become a permanent resident?

No. Your relative’s approved petition gives your relative a place in line among those waiting to immigrate. It does not give permission for your relative to live or work in the United States while he or she is waiting to apply for permanent residence. If he or she enters or stays without legal status, it will affect his or her eligibility to become a permanent resident upon reaching his or her place in line for issuance of a visa.

Does filing a relative petition commit me to anything?

Yes. Under the law, each person who immigrates based on a relative’s petition must have a financial sponsor. If you choose to sponsor your relative’s immigration by filing a relative petition, when the time comes for your relative to immigrate, you must agree to be his or her financial sponsor by filing Form I-864, Affidavit of Support. If you do not meet the financial qualifications, then other individuals will need to make this commitment.

How do I file?

Follow the I-130 petition instructions.

What happens after I file?

USCIS will mail you a receipt confirming that they have received your petition. If your petition is incomplete, it may be rejected, or USCIS may ask you for more evidence or information, which will delay processing.

USCIS will notify you when they make a decision. Normally, if USCIS approves the petition, they will send it to the U.S. Department of State’s National Visa Center (NVC). When your relative’s place in line permits issuance of a visa number, the NVC will notify you and your relative, inviting him or her and qualifying dependents to apply for immigrant visas.

What if I filed a petition for a relative when I was a permanent resident, but I am now a U.S. citizen?

If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification and advance the processing of that petition by notifying the appropriate agency of your naturalization. When you are a U.S. citizen, your spouse and any unmarried children under age 21 will have visas immediately available to them.

• If you become a U.S. citizen after your Form I-130 petition is already approved and it has been forwarded to the U.S. Department of State’s National Visa Center (NVC), you should notify the NVC that you have become a U.S. citizen.

• If you become a U.S. citizen and your relative’s petition has not yet been approved by USCIS, you will need to notify the Service Center where you filed your relative’s visa petition.

• If your relative is your spouse and he or she has children who are your natural children, stepchildren, or adopted children, and you did not file separate petitions for them, you must file a separate petition for each of them with evidence of your U.S. citizenship. Please include a copy of the receipt notice for the original petition.

How long will it take USCIS to process my petition?

Since processing time depends on a number of factors, it is difficult to provide a time frame. You can check USCIS current processing times on the USCIS website.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

Instructions for Petitioner Declarations for VAWA (Form 360) filings with USCIS

Rose H. Robbins — Thu, 22 Mar 2012 01:23:13 +0000

The main point of the declaration is to provide an opportunity for you to tell your own story and explain why you need to self-petition. The declaration should come from the your own words and reflect your own thoughts, experiences, and emotions. The declaration should sound like a story in a magazine.

The declaration also plays an important role in showing that you meet the legal requirements for the self-petition process and therefore must address various issues. We suggest that you discuss the following topics: 1.) the marriage; the joint residency; the immigration status of the husband; 2) the nature of the abuse; and 3) your good moral character.

You should begin your declaration with the statement:

I, (your name) hereby declare:

Section 1: The Courtship & Marriage

Describe a little bit about the period before you got married, using dates and specific examples when possible.

Suggested things to address and answer in your story:

When did you meet your husband?

Where did you meet your husband?

How long did you date before you were married?

Do you have any children together? If so, how many and how long after marriage did you

have your first child?

Did you think this was a good relationship? Were you in love? Tell about how you fell in

love.

Section 2: Domestic Violence

Give a brief discussion as to how and when your husband first began his abusive behavior towards you. You may want to focus on the first, the worst, and the last incidence of violence. Include dates if possible. Make sure to include both physical and psychological abuse.

Do not make any general statements without explanations. For example, don’t say “my husband used to hit me all the time.’” Instead, give specific examples of when he hit you by giving dates and the specific details of what happened.

Suggested things to include:

How long after you were married did his behavior change? Was it gradual or sudden?

How did he change?

Was he violent sometimes, then apologetic later?

Did you feel afraid that he would hurt you?

Were you afraid for your children?

Was substance abuse involved?

What led up to the incidents?

Did you call the police? If not, why not?

If you did, was he arrested? If not, why wasn’t he arrested?

Did you get a restraining order? If so, when?

Did anyone witness the violence?

Was there sexual abuse? (Describe.)

Did he say cruel and insulting things to you? In public? Did he try to keep you away from your family and friends? Did he destroy your possessions? Hurt your pets? Did he threaten to turn you in to INS?

Section 3: Good Moral Character

Write about your good moral character including:

Your lack of problems with the law,

Your positive role as a mother if applicable,

Any other community activities (such as a position in the church or community group, or

work at the school)

Note: you will also need to obtain a police clearance letter from the police department in any place where you resided for more than 6 months. You will submit those clearance letters in the package of papers.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Your signature Date

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

Lawful immigrants face deportation for filing false tax return based on recent US Supreme Court ruling "

Rose H. Robbins — Fri, 02 Mar 2012 03:48:36 +0000

Akio and Fukado Kawashima came to Southern California in 1984 as lawful Japanese immigrants with a fierce desire to succeed in business. They operated popular sushi restaurants in Thousand Oaks and Tarzana and recently opened a new eatery in Encino. But after they underreported their business income in 1991, the Internal Revenue Service hit them with $245,000 in taxes and penalties. The couple pleaded guilty and paid in full.

Ten years later, the Immigration and Naturalization Service decided to deport them. Last week, the U.S. Supreme Court delivered the final blow, ruling 6 to 3 that Immigration and Customs Enforcement — as the INS is now known — was within its authority to declare such a tax crime an “aggravated felony,” subjecting an immigrant to automatic deportation. Once limited to murderers and drug kingpins, this deportation trigger has steadily expanded over the years. “It’s really sad — and really unfair,” Wakako Kawashima, the couple’s daughter-in-law, said at the door of her home in Thousand Oaks. The restaurants have been the couple’s life work, she said, and the family is crushed that a mistake two decades ago could result in their deportation. Tax lawyers said the ruling in the case of Kawashima vs. Holder S Ct case 10-577 sends an ominous warning to legal immigrants throughout the country, and especially to small-business owners whose tax liabilities may be large enough to attract IRS attention. Under the court’s holding, an immigrant who makes a false statement on a tax return could face not only tax charges but also automatic deportation.” – L.A. Times, Feb. 26, 2012.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

US Custom & Border Protection Agents' Authority: An Overview

Rose H. Robbins — Sun, 26 Feb 2012 19:45:42 +0000

U.S. Customs and Border Protection (CBP) was established in 2003 as an arm of the Department of Homeland Security (DHS) and is today the largest law enforcement agency within DHS. The Immigration Policy Center has just published a comprehensive overview of the authority granted to CBP under the federal statutes and regulations. CBP overview_2012-02-23

F, M, or J visa holders: Getting your driver's license or social security number

Rose H. Robbins — Tue, 14 Feb 2012 17:45:53 +0000

One of the first things a new F, M or J nonimmigrant typically wants to do after entering the United States is get a driver’s license or, where appropriate, a SSN. Like many things, however, correct timing is everything. The Student and Exchange Visitor Program wants all F, M or J nonimmigrants eligible for a driver’s license or an SSN to have the easiest experience possible. Following these six simple tips makes the process go much smoother and saves a lot of time in the end:

1. Wait 10 days after you arrive in the United States. You may want to apply for a driver’s license or SSN right away, but be patient. The 10-day wait allows time for all the government databases to update with your arrival information.

2. Know what you are applying for and if you are eligible. While you are waiting, talk with your school’s designated school official (DSO) or sponsor’s responsible officer (RO) or alternate responsible officer (ARO) to learn more about your state’s driving rules and regulations. If you want an SSN, have your DSO or RO/ARO confirm that you are eligible before you apply.

3. Make sure your record in the Student and Exchange Visitor Information System (SEVIS) is up-to-date and in Active status. SEVIS is the database that contains information for all F, M and J nonimmigrants in the United States. A DSO manages an F or M nonimmigrant’s SEVIS record. An RO/ARO manages an exchange visitor’s SEVIS record. The DSO or RO/ARO (whichever applies to you) must place your record in Active status when you report to the school or program. Talk with your DSO or RO/ARO before you apply for a license or SSN to make sure your record is Active in SEVIS. If your record is not Active when you apply, your application will be rejected.

4. Check your forms. Check all your forms to make sure your information is correct. This is data integrity. Data integrity is very important because if you have different information on different forms, it will cause delays. Specifically, check your Form I-94, “Arrival/Departure Record,” for handwritten information. If the information on your Form I-94 is different than on your passport or Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” or Form DS-2019, “Certificate of Eligibility for Exchange Visitor (J-1) Status,” please see the DMV Fact Sheet for more information.

5. Wait two days after your DSO or RO/ARO activates your record in SEVIS. After your DSO or RO/ARO activates your record in SEVIS, you should wait at least two federal business days before you apply for a driver’s license or SSN. This gives all the databases time to update with your new information.

6. Bring all your paperwork. When you go to the Department of Motor Vehicles (DMV) – the common name for a state government office that issues driver’s licenses – or to the Social Security office, remember to bring all your paperwork. For most states, the paperwork includes these documents:

* Form I-20 or Form DS-2019

* Form I-94, “Arrival/Departure Record”

* Passport (with visa, if applicable)

* Proof of legal presence or residence (ask your DSO or RO/ARO what your state

requires)

For an SSN, you must also bring a letter of employment and an endorsed Form I-20 (for F students). Exchange visitors should consult with their RO/ARO first to make sure the Social Security Administration requires a letter of employment for the J category.

These six tips should help you get your driver’s license or SSN without having any major problems. If you are interested in specific details about F-2, M-2 or J-2 dependents, please see page 8 of the DMV Fact Sheet. Always talk with your DSO or RO/ARO before you try to apply.

Your DSO or RO/ARO may have more information about your particular state. Safe travels!

Learn More

DMV Fact Sheet dmv_factsheet

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

St. Louis industrial supply company sentenced for employing illegal aliens

Rose H. Robbins — Mon, 30 Jan 2012 01:49:43 +0000

January 17, 2012

St. Louis, MO

ST. LOUIS, Mo. — A local industrial supply company was sentenced Tuesday on charges of employing illegal aliens after pleading guilty in October. The sentence resulted from an investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with assistance from the St. Louis Metropolitan Police Department and the St. Charles County Sheriff’s Department.

J & J Industrial Supply Inc. pleaded guilty Oct. 18 to knowingly and intentionally hiring more than 10 illegal aliens in a 12-month period. It appeared Jan. 17 for sentencing before U.S. District Judge E. Richard Webber.

As part of the previous plea, J & J Industrial Supply Inc. agreed to forfeit $150,000 and a 2011 Toyota Highlander used to facilitate the illegal activity. The company also received one year of probation, and it paid the $150,000 forfeiture at sentencing.

According to court documents, J & J Industrial Supply Inc., doing business as Industrial Wiping Cloths & Supplies, is a St. Louis business that resells used clothing in bulk quantities to overseas purchasers and produces cleaning rags for domestic customers. It is a labor-intensive business that primarily involves hand-sorting and cutting used clothing. The business retains about 40 employees and is owned by Jerry McArthur.

Since 2008, J & J Industrial Supply Inc. hired illegal aliens, who are not authorized to work in the United States, to supplement its legal workforce. During a 12-month period, the company employed 10 or more illegal aliens. By employing these illegal aliens the company realized proceeds of about $150,000 during the time of the offense.

“Today’s sentence should serve as a stern warning to employers who perpetuate a shadow economy by hiring an illegal workforce,” said Gary Hartwig, special agent in charge of ICE HSI in Chicago. “J & J Industrial Supply Inc. knowingly hired illegal workers and circumvented our nation’s immigration laws for financial gain. The goal of our enforcement efforts is two-fold – reduce the demand for illegal employment and protect job opportunities for lawful American workers.”

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

3 Sacramento residents indicted in international marriage fraud scam

Rose H. Robbins — Mon, 30 Jan 2012 01:32:07 +0000

January 26, 2012

Sacramento, CA

Three Sacramento residents were indicted Thursday by a federal grand jury for their involvement in an elaborate immigration fraud scheme involving foreign nationals from India who paid to enter into sham marriages or engagements with locally recruited U.S. citizens in an effort to legalize their immigration status.

Sippy Lal, 58, Mamta Sharma, 34, and Rani Rachana Singh-Lal, 27, are charged with conspiring to induce aliens to enter and reside in the United States in violation of law. The case is the result of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services (USCIS) – Fraud Detection and National Security Unit, and the California Department of Justice – Bureau of Investigation and Intelligence.

Lal, a naturalized U.S. citizen of Fijian descent, was arrested on January 10, when HSI agents executed a search warrant at his Sacramento home. He was released after posting a $100,000 bond. Sharma, an Indian national married to Lal, is not a legal resident of the United States. She was also arrested and remains in custody. An arrest warrant is being sought for Singh-Lal.

The citizens recruited by Lal were paid thousands of dollars to fly to India, meet and take pictures with a purported spouse, and sometimes enter into actual marriages (albeit often using fake names). They would then file fraudulent petitions with USCIS for visas that would allow the Indian citizens to enter and reside within the United States.

According to the affidavit filed in the case, law enforcement has gathered evidence indicating that more than 50 fraudulent visa petitions are associated with Lal and his co-conspirators.

On at least one occasion, after an alien entered the U.S. in this manner, Lal paid a U.S. citizen to enter into a sham marriage with that alien in Sacramento. Sharma allegedly used various aliases to pose as a citizen in connection with five different petitions filed since 2008, despite the fact that she is not a citizen and, in fact, was really married to Lal. Defendant Singh-Lal is alleged to have posed as the petitioner with respect to three different petitions, all filed with slight variations on her true name.

“This indictment describes a business model in which the defendants profited by enlisting U.S. citizens to engage in repeated acts of fraud aimed at facilitating the illegal entry of foreign nationals into the United States,” said U.S. Attorney Benjamin B. Wagner. “The family visa provisions are intended to promote family unity and accommodate marriages involving foreign nationals. We cannot permit those provisions to be cynically abused for personal profit. As this indictment and others recently brought by this office attest, we are committed to prosecuting those — aliens and U.S. citizens alike — who try to profit from circumventing our immigration laws through fraud and deceit.”

“Hollywood may portray marriage fraud as a romantic farce, but this is a serious crime with serious implications,” said Dan Lane, assistant special agent in charge for ICE HSI in Sacramento. “Immigration benefit fraud schemes undermine the integrity of our nation’s legal immigration system, pose a security vulnerability and potentially rob deserving immigrants of benefits they rightfully deserve. The exploitation of our proud legal immigration tradition for profit is morally repugnant and HSI will move aggressively against those who engage in such criminal conduct.”

A separate prosecution was brought by the U.S. Attorney’s Office six months ago involving a similar marriage fraud scheme. Fourteen defendants were charged in that case, which involves alleged sham marriages arranged for profit between U.S. citizens and foreign nationals from Russia and Eastern Europe. To date, two defendants, Richard Vargas, 36, of Sacramento, and Olga Nekrasova, 26, of San Francisco, have pleaded guilty to felony charges in that case.

The maximum statutory penalty for conspiring to induce aliens to enter the United States is 10 years in prison and a $250,000 fine. Sharma is also charged separately with aiding and abetting visa fraud, an offense which carries the same penalty.

* Major Florida Cities We Serve

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

We look forward to hearing from you!

How Can I Obtain a Family or Marriage-Based Visa?

Rose H. Robbins — Mon, 24 Oct 2011 00:59:56 +0000

United States citizens and permanent residents can petition their qualifying relatives for citizenship and permanent residency in the United States. There are a few requirements that must be met in order to do so:

* If you are a foreign national who wish to apply for a U.S. visa or green card, you must have a relative who is a U.S. citizen or a legal permanent resident of the United States. This relative must provide proof of his or her U.S. citizenship or legal residency, and proof of his or her relationship to the applicant.

* The relative must prove his or her income is at least 125% above the poverty line to support the entire family, including the applicant. If unable to fulfill this requirement, the relative can become a joint sponsor with another relative, or the applicant’s assets can be taken into account.

* If the applicant’s relative is a U.S. citizen, he or she must prove that the applicant is his or her:

o child under 21 years of age

o spouse

o unmarried son or daughter over 21 years old

o married son or daughter of any age

o brother or sister of U.S. citizen

o parent of U.S. citizen

* If the applicant’s relative is a U.S. permanent resident, he or she must prove that the applicant is his or her:

o husband or wife

o unmarried son or daughter of any age

The Law Offices of Rose H. Robbins represents clients all over the United States and all over the world. Please call us at: (954) 946-8130 to schedule your free telephone consultation. Or email us to rose <at> roserobbins.com . You may also fill out the form below for instant delivery to our email system. We look forward to hearing from you!

How can I acquire USA Citizenship?

Rose H. Robbins — Sun, 16 Oct 2011 02:42:48 +0000

If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.

To become a citizen at birth, you must:

* Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR

* had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements.

The Law Office of Rose H. Robbins can assist you in pursuing your citizenship rights. The law has changed through the years and it is often complicated to sort out how it applies to your particular situation. You may call us for a free initial consultation or by submitting your information using the form below.

To become a citizen after birth, you must:

* Apply for “derived” or “acquired” citizenship through parents

* Apply for naturalization

What is the Naturalization Test?

Most naturalization applicants are required to take a test in:

* English

* Civics (U.S. history and government)

USCIS provides excellent online resources to help you prepare for the Naturalization Test.

Are there special provisions for Citizenship for Military Members and Dependents?

Members and veterans of the U.S. armed forces and their dependents may be eligible for special naturalization provisions.

Where can I find out about Dual Citizenship?

For information on dual citizenship, visit the US State Department Services Dual Nationality website.

The Law Offices of Rose H. Robbins represents clients all over the United States and all over the world. You may call us at (954) 946-8130 or email us at rose<at> roserobbins.com to schedule a free telephone consultation. You may also fill out the form below for instant delivery to our email system. We look forward to hearing from you!