Hermanni Law Group

Benefits Of Being A US Citizen

admin — Sat, 29 Oct 2011 00:03:37 +0000

U.S. laws give many rights to citizens as well as non- citizens. But certain privileges go only to the citizens. As a U.S. citizen, you have the right to vote in the federal elections. Another major advantages is that, you can reunite families. You can bring your loved ones to be with you. You can bring your fiance through the K1 visa or bring through your spouse and children under the K-3,K-4 category. US citizens with unmarried children under the age of 21 can sponsor them as “Immediate Relatives”. Only U.S. citizens can sponsor their parents for a green card. Additionally, your children may be eligible for US citizenship based on parents’ status as a US citizen. Being a U.S. citizen, there is no restriction for you to enter/ exit the US. The time you spend outside of the U.S. is not restricted. And it is also convenient for travel as certain countries do not require visas of US citizens. Another added benefit is that only a US citizen can apply for a US passport. Having a U.S. Passport, you can get assistance from the U.S. Government when you are overseas. You also will be eligible for federal jobs in the US. and can also become an elected official.

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Approval of EB5 Visa

admin — Sat, 29 Oct 2011 00:03:16 +0000

A lot of people ask: how long will it take to be granted an Immigrant Investor Visa? There are a lot of different factors that determine the length of time that one must wait before finally getting the application for the EB5 visa approved. First, you should research and identify the kind of business that you would like to invest in the United States. You may contact regional centers all over the country to discuss the options that they have for investors. There are hundreds of regional centers, and surely one of them will cater to your needs as an investor and businessman. Remember that whatever option you choose should be something that interests you and something that you are knowledgeable about. Consider corresponding with representatives from the regional centers to discuss terms and options. This one step can sometimes take many months, but there are some companies that provide assistance on this first step. You may want to ask for their aid to help you expedite your decision.

Also, you should choose an experienced and reliable lawyer that specializes in EB5 visas and Green Card Visa. Having an expert on the legal aspect of the immigrant investor visa will increase the chances of you getting your application approved, because you get to iron out any loopholes that there may be in your request for visa. It is also important to get sound advice from a legal perspective, not only in the visa application itself, but also in conducting business in a foreign country. Get familiarized with the laws of the United States as well as the laws of the specific state that you want to build your business in. Having legal counsel will enable you to fast-track your application to just a few weeks, because you get to have a reliable source of information (your lawyer), instead of doing everything on your own blindly.

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Students Visa

admin — Sat, 29 Oct 2011 00:01:58 +0000

The non-immigrant visas F-1 and M-1 (Student Visas) grant foreign-citizens the opportunity to enter the United States to fulfill their studies as Full-time students. The F-1 Student Visa, also known as, Academic Student Visa, entitles the applicant to study as a Full-time Student in the United States in a qualified college, university, conservatory, elementary or academic high school, language training program or other scholar institution. The qualified academic institution must be officially authorized by the U.S. government to permit international students to register in their programs. The student has to be enrolled in any program, which will ultimately grant him with recognition of his/her achievement (a degree, diploma or certificate). M-1 Student Visa, also known as Vocational Visa, grants visitors admission into the United States to study in vocational or other nonacademic programs, such as auto repair, business courses, technical occupations and others.

Students interested in obtaining either an F-1 or M-1 Visa must be: 1) registered to become proficient in the English language or already be proficient. 2) officially registered in a language-training, vocational or educational program, 3) registered as a full-time student in an institution approved by the USCIS, 4) able to pay for all expenses for the trip to the U.S. and during his/her stay and 5) able to maintain a foreign permanent dwelling outside the U.S. without any intentions to abandon it. Applicants who already were admitted in the United States with a B-1 Visitor Visa may file an Application to Extend/Change Non-immigrant Status, to change their non-immigrant status to F-1 or M-1, if they wish to study in the United States.

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Fiance Visas

admin — Fri, 28 Oct 2011 00:01:40 +0000

If your future spouse is a foreign national and you intend to marry him or her in the United States, you need to file a K1 Visa application. Once this application is approved, your fiance(e) can enter and stay in the United States legally for 90 days within which you can get married.

Who Are Eligible for K-1 Visas?
The petitioner has to be a U.S. citizen who intends to marry the petitioned foreign national within 90 days of arrival in the United States. Both parties should also be legally free to marry and must have met each other in person at least once within two years of filing the K-1 petition. Exceptions to the last rule may be permitted if the meeting will violate long-standing customs in you or your fiance(e)’s culture or if the meeting will result in extreme hardship. These exceptions require a separate waiver.

Required Documents
First, you need proof that you, the petitioner, is a bona fide U.S. citizen. If you were born in the United States, a copy of your birth certificate – front and back- will suffice. Naturalized citizens need to present a copy of their Certificate of Naturalization. Meanwhile, if you were born outside the U.S. or became U.S. citizens through your parents you may present your Certificate of Citizenship or your Form FS-240. You also need to submit evidence of your intention and eligibility to marry. Supporting evidence such as photos of your meeting as a couple within the prescribed time period, statements of your intention to marry each other, and any other declaration of mutual intent. Any party who’s had previous marriages also need to provide proof that any such marriages were legally terminated at the time of the application.

Causes of Application Denials
Each K-1 visa application passes through the same review process as standard immigrant visa applications. This crucial time is vulnerable to many mistakes on your part as a petitioner and your future spouse. Some of the more common causes of denial include missing, incomplete or fake documents, lack of evidence of sufficient personal communication and/or physical meetings, assumption of misrepresentation during the interview, previous immigration violations or issues, prior criminal record, insufficient income or savings by the petitioner and even considerable age differences and poor English skills on the part of the foreign fiance(e) can serve as basis for rejection.

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Immigration Attorney

admin — Fri, 28 Oct 2011 00:01:18 +0000

Immigration laws in the United States are complex and continuously changing. This highly specialized area of law requires expertise and skill to navigate successfully making an experienced immigration attorney a valuable asset to anyone who wishes to immigrate into the country either temporarily or permanently. In the cases of appeals for asylum or deportation threats, experienced legal representation is essential. An immigration lawyer assists clients who desire to immigrate to the U.S. either alone or with their families for work or educational reasons. Immigration attorneys also assist businesses who wish to open in the U.S. or bring in employees from other countries. They help to expedite applications for work and student visas and naturalization processes for those who wish to become U.S. citizens. Because they are knowledgeable and skilled in working with the extensive immigration bureaucracy, they can more often be successful in gaining approval for asylum applications and preventing deportation actions than individuals can be without this expert representation.

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The Investor Visa

admin — Fri, 28 Oct 2011 00:00:17 +0000

Getting an Eb-5 Green Card is highly beneficial to those immigrants who are looking to come to the U.S. to start or restart a business. Today immigration is at an all time high and more and more people year each are looking to become permanent residents or citizens of the U.S. Because of this, many people look into the Immigrant Investor Visa Program. While this is a very popular program, a lot of immigrants wonder if an Eb-5 Investor Visa is truly worth getting especially considering the cost. Many are well aware of the other types of visas and want to know why an investor’s visa is best for then. The fact is that an investor visa is best for those people looking to start or become the owner of an already existing business. For those immigrants looking to come to the U.S. for other reasons, an immigrant investor visa may not be ideal. But, if you’re one who is considering coming to the U.S. to make a name for you and your business, there are plenty of other benefits to having an EB5 green card. Below are benefits to consider if you’re looking to apply for a visa:
-Run your own business – You can run a business on your own as long as you can prove that the business will help the economy, provide employment and so on! If running a business is your dream, this visa is definitely for you.
-No need for a sponsor – A lot of people who want a visa and/or green card have to have a U.S. citizen sponsor them. However with this visa you do not need any type of sponsor for you to become a permanent resident.
-Can live anywhere in the U.S. – The visa allows you to live wherever you want to within the U.S. There are no restrictions as to where you live which means you’re free to live with family, friends, or on your own wherever you choose!
-Don’t need employment authorization – You don’t have to be offered employment within the U.S. to apply and be approved for an EB5 visa unlike other types especially working green cards.

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Filing for Citizenship

admin — Wed, 26 Oct 2011 23:59:44 +0000

Applicants must meet certain eligibility requirements before applying for US citizenship. Being at least 18 years or older and a being a permanent resident (Green Card holder) now and during all of the past 5 years are few of the requirements. You should have resided in the United States for a continuous period before filing of the citizenship application. If you are not married to a U.S. citizen, you should have resided in the U.S. for a continuous period of five years after admission to the U.S. as a permanent resident. If you are married to a U.S. citizen, you should have resided in the U.S. for a continuous period of three years following your admission to the U.S. as a permanent resident. A prolonged absence from the U.S. will break the continuity of your residence in the U.S. for naturalization purposes. Additionally, you should have met physical presence requirements too. It means that you have actually been in the United States. Prior to applying, you should have resided in your current state for at least 3 months.

If you are applying for US Citizenship, you should file Form N-400, Application for Naturalization with the USCIS. Certain supporting documents should be send with your N-400 application. Documents that are in a foreign language should be accompanied by a full English language translation while submitting to the USCIS. In such cases, the translator should certify the translation as complete and accurate, and also by the translator’s certification that he/she is competent to translate from the foreign language into English.

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Visa Renewal

admin — Wed, 26 Oct 2011 23:59:24 +0000

Take a good look at what aspects of your business are performing to expectations (or better, or worse), and which aspects are not. Where could your business benefit from improvement? Have all milestones been met? If not, which have not, and why not? Be sure to highlight not only all the positive developments, but also assess candidly your less positive developments, and how you have dealt with or overcome them. As a whole, you and your business should be in a position to roll with the punches, and ride the roller-coaster of business ownership and management.

Be proactive, and be brave. Be ready to continually assess the needs of your business and make the necessary changes and adjustments. Sometimes changes may be necessary which may not be pleasant or seem right at first. Sometimes unpopular decisions may become necessary. Do NOT wait until 2-3 months before any renewal or extension papers need to be filed to look at your business. A suffering, struggling business is a difficult foundation on which to base a new visa or a prolonged authorized stay in the U.S. Keep your accountant, your lawyer(s), and other professionals you frequently rely on informed year-round of the status of your business (and as far as relevant, your personal life). Use your own circle of professionals to your advantage and seek their advice and counsel, when you feel your business needs some form of correction or change.

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The EB5 Visa

admin — Wed, 26 Oct 2011 23:59:01 +0000

You may think that there is only one main decision to make before you apply for the EB-5 visa, which is whether you will take the direct route of creating a new business or invest in a regional center. This is an important choice, but the reality is that your decisions do not stop there. If you decide to take the direct route rather than the regional center choice, you should know that you have a few further options to consider. Most people assume that the EB-5 visa requires them to create their own new business. In many cases, you are encouraged to come up with a business model that can work in the U.S., along with a good business plan. This is because it needs to be profitable enough to employ at least ten U.S. citizens full-time. Otherwise, you will not be able to stay in this country for long. However, if you cannot think of a new business that you would like to start, there are other options when it comes to the EB-5 visa. You are also allowed to locate a business that is struggling to survive, and invest in it. As long as you can turn it around financially enough to make a profit, it should be eligible as your new business. Of course, you need to show that you were able to save at least ten employees from being out of a job. As long as you have a sound plan in place to save the business, you can help it get back on its feet rather than starting from scratch.

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K1 Visa

admin — Tue, 25 Oct 2011 23:58:40 +0000

With a K1 fiancée visa you can marry a US citizen in the United States. The United States citizen needs to file Petition for Alien Fiancé(e) Form I-129F petition on behalf of the foreign fiancée with the USCIS office serving the area. The approval of the petition enables the fiancée to obtain the K-1 Visa that is issued at an American embassy or consulate in the country of the fiancée. Once the fiancée receives the visa she/he can enter the United States through a US immigration port-of-entry.

On entry, the marriage must take place within 90 days. Following the marriage, the foreign spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS, along with the American spouse’s Affidavit of Support, in order to become a lawful permanent resident. Children of the fiancée (who are not married and are below 18) could also accompany him/her to the States through a derivative K-2 Visa, provided the names of the children have been mentioned in the I-129F petition filed by the American partner with the USCIS. Following the marriage of the parent in the United States the child/children will require a Form I-485 Application to Register Permanent Residence or to Adjust Status.

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