An Immigration Attorney Is A Useful Resource

By Allan Hatchell

Millions of non immigrant visitors and immigrants enter the United States each year. However, the process can seem complex and hard to understand. This is why a New York immigration attorney is a helpful resource.

The systemic bias is in favor of family based immigration. Visas for employment are subject to limits and allow less people into the country. The yearly cap on this type of entry is for applicants in the amount of 140,000. By contrast, direct relatives of citizens are beneficiaries of advanced priority and are not the subject of any annual limits. For employment visas, there are basically five categories of preferences that differentiate the types of applicants. Permanent residents can seek citizenship if they are 18 and older. They should have resided in the U. S. for 5 years without taking trips that have lasted longer than 6 months.

Investors can also qualify for immigrant visas through the EB 5 Program. Such applicants receive 7.1 percent of the annual cap for employment based visas. Special immigrants also qualify for an additional 7.1 percent of this category.

Normally, undertaking the process of labor certification is necessary for workers, who do not meet the criteria for priority preferences. The priority class gets over 28 percent of the limited cap allowed. This special class has 3 subclasses.

Persons with extraordinary ability in athletics, the sciences, the arts, education or business is one subgroup. Applicants need extensive documentary proof showing recognition at national or international level in their fields of expertise. Applicants do not have to have specific job offers, as long as they intend to pursue work in their field of demonstrated ability. This is a fast track green card category. Such applicants can file their own petitions.

A second group is prescribed for professors and researchers with three years experience or more in teaching or research that has been internationally recognized. Applicants must want to work in tenure track teaching or similar research posts at an institution of higher learning. Prospective employers must show their job offer and file petitions on behalf of such individuals.

The final subgroup is for managers or executives who have been working for at least one of three preceding years with a foreign affiliate, subsidiary, branch or parent of a U. S. Employer. The prospective employer must provide a job offer and file the petition on behalf of such employees. How an individual qualifies for an available category is best determined with the assistance of experienced counsel. A New York immigration attorney can help guide you through the complex maize of the administration process with the USCIS.

About the Author:

Berd & Klauss has an immigration attorney in New York. They will help review your situation and come up with and effective plan of action. (http://www.berdklauss.com)

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Immigration And Federal Court Rules

By Mike Osmond

Latino communities in the United states have risen steadily, reaching 50 million in 2011. The constitution has recently been looking at the reform of current immigration laws, which continues to remain divided and discriminatory. The Arpaio County Sheriff trial has received increased attention regarding unlawful procedures and unconstitutional practice resulting in the scrutiny of current immigrant rights and legalities.

We believe that the United States reform will not prove beneficial for some of the skilled and legally employed. The small number of foreign workers in the States is required to undergo an extensive legal process in order to obtain a work visa and the renewal of citizenship on a 3 year basis. The procedure is long and costly with many difficulties encountered before the necessary green cards are issued.

These tedious procedures have resulted in a rise in illegal immigrants having entered the country as shorter methods are sough to obtain the necessary paperwork for citizenship. This is unfair for those who have legally obtained their status and still do not possess voting rights. It has contributed to more questions and concerns being raised with regards to fair and equal treatment of immigrants in the United States.

The specific trial commenced over a 2 month period and recognized that the County Sheriff had practiced discrimination and detentions that were shown to exclusively target Latinos. The investigation into the reports indicated that the Phoenix Arizona authorities had engaged in unlawful measures when it came to singling out Latino communities. The federal court has delivered its verdict and stated that people should not be discriminated against based on heritage, it is simply un-American.

Immigration lawyers have recognized that the sheriff has been issuing papers against Latinos during traffic stops and detentions. The court has agreed that Arpaio was guilty of implementing discriminatory procedures that were in contravention of the amendments of the 1960s Civil Rights Act. The Latino organization had indicated that they were victorious after the ruling.

Studies have shown that over 22 percent of Latinos are discriminated against particularly in the workplace in comparison to reports made for unfair treatment by 6 percent of white populations. Even though a large number of Hispanics are working and living in this country illegally, there are many who have worked hard to achieve citizenship and contribute to society. It is the minority of Latinos who legally reside in the country who continue to experience discriminatory practice.

The evidence brought forward revealed the measures taken by the sheriff was in contravention of its equal protection clause. Immigration lawyers indicated that all recordings of the correspondence and public statements made by the office involved discrimination. A member of the western regional counsel, Nancy Ramirez, confirmed that racial profiling is rife.

The ruling regarding the Maricopa case has contributed to a decrease in cultural fears. The United States reform has focused on managing cases of illegal immigration; however, we believe that a greater level of awareness and education should be implemented in minority communities with regards to identifying discriminatory practice. Authorities need to update awareness of fair procedure and undergo counseling whereas public members are encouraged to increase their knowledge of the law and to report possible violations.

About the Author:

Visit Immigration Lawyers LA if you are looking for competent immigration lawyers in Los Angeles.

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