Gaining Entry Into Canada Post Being Refused the Privilege

Not being able to gain entry into Canada, courtesy being denied the privilege, is certainly not something to really feel happy about, or to go to town with. It may be really rather discomforting, and the entire arrangement one may earlier have nursed about the Maple Country - whether he was visiting a member of the family, going on a wonderful holiday, or participating in a crucial meeting - will be efficiently annulled even as he will have to turn around only to return back dejected.

However, only because a person has been refused admission to the country doesn't actually mean that he has no choices whatsoever left, or is short on luck. Still, at first, it's a good idea to find out why his submission for entrance into Canada failed to receive favorable response from the concerned authorities.

Factors behind entrance refusal to Canada

There could be a plethora of compelling reasons behind the entrance refusal. Undoubtedly, it's the responsibility of the nation's concerned agency to keep the Maple Country and its people fully safe and secure.

Those found violating the immigration law of the land, those found to have offered wrong facts about themselves; those having a prohibited family member; those with not-too-good, or in other words, criminal backgrounds; those having health issues, which may lead to extreme demand on the nation's social or health facilities; and those who are unstable, money-wise, may be denied admission to the country.

Still, at certain times, Ottawa could go overboard, and be a little over enthusiastic in the matters of keeping some individuals out of the territorial limits of the nation, even while those people, who may present entirely no danger whatsoever, may get unnecessarily stuck and find themselves at the receiving end.

What to do when one is refused entrance to Canada

In a situation wherein a person is refused admission to Canada --thanks to a criminal background and a criminal judgment, which may have been given more than 5 years back-the involved person could suitably present a submission for criminal rehabilitation at his local Canadian embassy.

He could also file a petition for a temporary resident permit even as the same will enable him to gain entry into Canada, notwithstanding the fact that he may have been prohibited otherwise. Although the travelers to the Maple Country--from the nations which necessitate permits to arrive in Canada also duly apply for the same--in case one happens to be a guest from a visa-free nation, he could require the same in case he is prohibited.

It must be observed that both the petitions being rather difficult time and again are not entertained only to be reused. They could be one's sole chance at being permitted to arrive in Canada, even while it's really a nice proposal to get in touch with a registered immigration attorney in advance to successfully navigate through such choppy waters (situations).

No Permanent Resident Visas for STEM Graduates in the United States

A Republican bill that would put an end to the Green Card lottery program, failed in the US House of Representatives. According to this bill all the 55,000 visas that are granted through the DV lottery program will be granted to foreign nationals who graduate in the US universities in STEM fields. Such skilled graduates with advanced degrees will be granted permanent resident visas. But that bill failed in the US House of Representatives.

The bill introduced by the Republican of Texas, Representative Lamar Smith, would have obviated the Green Card lottery program. Instead of granting 55,000 diversity immigrant visas to people from different eligible countries this bill would have granted those visas to STEM graduates. People who complete their advanced degrees in American universities in Science, Technology, Engineering and Mathematics fields would have received Green Cards through this bill. The lottery program currently grants those visas to foreign nationals who are citizens of underrepresented countries.

Congressional Republicans want to prove that they are ready to fix the immigration system, before the Presidential elections in November. The Democrats strongly opposed the elimination of the DV lottery as they say that the elimination of the lottery program will reduce the immigration rates. However, both the Republicans and the Democrats agree that highly skilled STEM graduates must be kept in the country so that they can start working or they can start their own businesses after completing their degrees.

After the vote, Mr. Smith said that the bill will help the United States to create jobs. Most foreign graduates are good innovators and by keeping them in the country, America's competitiveness will increase. He also added that the votes of the Democrats would send the innovative foreign graduates to the competitors of America and he said that the votes of the democrats are against job creation and the economic growth of the country.

Representative Zoe Lofgren of California, proposed a similar bill that would grant permanent resident visas to STEM graduates without abolishing the DV lottery program. Representative John Conyers Jr. of Michigan, said that they oppose this bill that would replace an existing legal immigration program. Democrats do not want to abolish the Green Card lottery because many individuals who immigrate to the United States through this program are natives of Africa and other small Asian countries.

Republicans said that the lottery program is open to fraud and is likely to create security risks. That is because terrorists may also use this lottery program to become permanent residents of the United States. This Republican bill was supported by the technology and business groups. Major employers, such as Adobe, Apple, Microsoft and Oracle, sent letters supporting the bill that would provide new visas to skilled workers. At present foreign STEM graduates who complete their advanced degrees have to leave the country and some of them remain in the country on temporary visas. This bill would have helped such skilled STEM graduates but the bill failed as it will eliminate DV lottery program.

Deferred Action for Childhood Arrivals Presents Opportunity and Risk

On June 15, 2012, the Obama Administration announced that it would implement a new program to grant deferred action to undocumented aliens who were brought to the United States at a young age. This action came about one year after U.S. Immigration and Customs Enforcement (ICE) announced that it would concentrate its enforcement resources mostly on cases involving criminal issues. ICE published criteria that the agency would use to determine whether to exercise prosecutorial discretion to close cases already pending in immigration court. Together, these actions signaled a greater tolerance for aliens who were present in the United States in violation of immigration law, but who did not pose a danger to the public or to national security.

Two months after the Administration announced its deferred action program, called Deferred Action for Childhood Arrivals or DACA, it promulgated guidelines on how an undocumented alien could apply for the benefit. U.S. Citizenship and Immigration Services (USCIS) also published the criteria that it would use in deciding whether to grant deferred action. Through the guidelines, USCIS provided detailed instructions on the documentation necessary to apply, and explained how it planned to use the information submitted.

Deferred Action

Deferred action is itself simply a promise by the U.S. Government that, although an alien is present in the United States illegally, it would not seek the removal or deportation of that alien. It is an exercise of executive discretion. That is, as the chief law enforcement officer, the President has the authority to decide which cases get brought to immigration court for removal, and which cases will not. It is much like the discretion a police officer has in deciding whether or not to arrest a person even when the officer has seen that person break the law.

Executive Discretion

Above all, it must be remembered that deferred action is based on an act of executive discretion. It is not based on law. That means that it is not a grant of legal immigration status. It is not a path to permanent residency or citizenship. Under the law, a person who has been granted deferred action can be granted the authority to work in the United States. But, it is not a permanent solution to the problem of illegal status.

Eligibility Criteria

To qualify for the DACA program, an undocumented alien must meet certain criteria. They are: (1) the alien must be under the age of 31 as of June 15, 2012; (2) the alien must have been brought to the United States before his or her 16th birthday; (3) the alien must have continuously resided in the United States since June 15, 2007 up to the present; (4) the alien must have been physically present in the United States on June 15, 2012; (5) the alien must have entered without inspection before June 15, 2012, or had his or her lawful immigration status expired as of June 15, 2012; (6) the alien must currently be in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and (7) the alien must not have been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and not otherwise pose a threat to national security or public safety.

Application Process

To apply, the alien must submit an application on form I-821D, an application for work authorization on form I-765, a worksheet disclosing income and expenses to determine if work authorization is necessary on form I-765WS, and a filing fee of $465. As part of the process, the Government will take fingerprints and perform a background check.

Through its Frequently Asked Questions, USCIS promises that it will not turn over the information gathered through the application to ICE to begin removal proceedings, unless the application shows serious criminal activity, fraud or that the applicant poses a threat to national security.

Some Are Reluctant to Apply

Although the program promises significant benefits to those who qualify (a promise not to be deported, and possible work authorization), early reports have been that many aliens who meet the criteria are reluctant to apply. Many recognize that this is not a permanent solution to their situation, and are distrustful of the Administration's promises not to use the information for deportation.

Uncertain Future

Such concerns are indeed well-founded. As mentioned, deferred action is a grant of executive discretion. It is not law. Therefore, it creates no rights or privileges. Indeed, USCIS itself, on its Frequently Asked Questions page, states that it could change its promise not to use the information submitted for enforcement purposes at any time, and without prior warning.

Consideration must also be given to the fact that this is a presidential election year. Even if the Obama Administration is committed to the program, the race appears close. This could mean that the country will have a new president in January. The new president would not be bound to follow the policy choices of the Obama Administration with respect to the DACA program.

To that end, Republican presidential candidate Mitt Romney has announced that he would not seek the deportation of undocumented aliens who have been granted deferred action under the DACA program. On the other hand, he would not continue with the DACA program in his administration.

This announcement creates somewhat of an incentive for undocumented aliens to apply for deferred action now. If the benefit is granted before President Obama leaves office, then they can hold Romney to his promise. But, if an undocumented alien waits, and Romney does become president, then that alien could lose this opportunity to obtain the promise of not being removed along with work authorization. Indeed, it has been reported that Romney's position on immigration issues has already prompted some undocumented aliens to apply for deferred action now.

This leaves many undocumented aliens with the decision of whether to apply for deferred action, or wait for some more permanent form of immigration reform. Whether to apply is a decision that should be made only after considering the risks and weighing the potential benefits.

Criminal Records Must be Given Careful Consideration

For example, those with criminal records should give very careful consideration before applying. USCIS has stated that those with a felony conviction, a conviction for a significant misdemeanor, or three convictions for any other misdemeanors will not qualify. The Frequently Asked Questions gives detailed guidance on what exactly constitutes a significant misdemeanor. If an alien applies, and has not given full consideration to his or her criminal record, then USCIS may very well refer that alien to ICE for removal proceedings.

Risks and Potential Benefits Should be Weighed Before Applying

In the end, the question will be whether the promise of the legal ability to accept employment in the United States outweighs the risks posed by calling attention to one's self and one's illegal immigration status. Such a determination is personal in nature, and ought to be made after seeking competent legal advice.

Obtaining Evidence of US Citizenship

If you have a legitimate claim to US citizenship, in order to establish that claim you need to submit an application for some type of citizen document. If your birth took place outside the territorial US and you acquired US citizenship at birth from your parents or derived it through your parent's naturalization, the following documents will be recognized as proof of US citizenship.

- US Passports - Certificates of Citizenship

US Passports If you were born abroad to US citizen parents, you can apply for a US passport in the same manner as someone born in the United States. However, you will have the additional requirement of establishing your citizenship claim. Passports are available from passport offices in the US (run by the US department of state) and at the US consulates outside the US. Wherever you are applying, you will be instructed to present proof of your parents US citizenship and evidence that they, and you, complied with any applicable US residency requirements. You will need to present documents such as birth or citizenship records of your parents or grandparents and work or tax records establishing US residency for your parents or grandparents.

Certificates of Citizenship

Certificates of citizenship are issued only inside the US by USCIS offices. Anyone with a claim to US citizenship can apply for a certificate of citizenship. In most cases it is harder and takes considerably longer to get a certificate of citizenship in comparison to a US passport. However, in situations where your US citizenship was acquired automatically through the naturalization of a parent, certificate of citizen applications are the best choice. Actually, the moment a parent is naturalized, the children can, upon the parents demand be issued certificates of citizenship simultaneously with their naturalization certificates.

Certificates of citizenship not requested simultaneously with a parent's naturalization can be applied for later, on form N-600. Form N-600k must be used for children living outside the US who apply for citizenship through their parents. The current fee for both the N-600 and the N-600k is $600 dollars. Copies of these forms and detailed instructions are available on the USCIS website.

I recommend that you also prepare a cover letter explaining the basis of your claim to US citizenship and describing the documents you are offering as proof. These ought to include your parent's birth certificates, marriage certificate, and any divorce decrees to show legal changes in your name since birth. If you are not applying as the child of a naturalized citizen, your letter should also list whatever evidence you will be presenting to show that you have met any residency requirements.

Form N-600, the documents, and the cover letter should be submitted to the USCIS office having jurisdiction over your place of residence in the US, as indicated on the USCIS website. If you're filing form N-600k, you can choose to send it to any USCIS field office. You will more than likely be called in for an interview on your application. In the busier USCIS offices, it can take up to a year to get a decision on an application for a certificate of citizenship.

Citizenship and Immigration in Canada: Thoughts to Ponder

Aside from having a democratic government, beautiful sceneries, and economic stability, Canada is a diversified country that is also home to millions of immigrants. Many ethnic and religious groups such as French, Scottish, Irish, Germans, Italians, Chinese, aborigines, Dutch, and Asians have lived and worked in the country since 1970.

Steps to Becoming a Canadian Citizen

For more than 400 years, settlers and immigrants have played a vital role in the continued success and richness of the country. Although acquiring citizenship and immigration in Canada is a tedious process, the country takes pride in providing boundless opportunities to its people. As with other countries, Canadian men and women have equal rights and responsibilities. It does not tolerate "barbaric" cultural practices, spousal abuse, honour killings, forced marriage, and other gender-biased violence. Those who are guilty of such crimes will be punished under the country's criminal laws. Thus, rights and privileges come with responsibilities such as:

The Law - Its founding principle is "no person or group is above the law." Each citizen is expected to obey rules and policies that are regulated by the law and not by arbitrary actions.

Responsibility - It is equally important that each citizen understands his/her responsibilities. This includes having a job and taking care of one's family, which contributes to personal dignity, self-respect, and the country's prosperity.

Jury Service - Each citizen takes part in ensuring that law and justice are properly implemented. Thus, serving on a jury when called to do so, is a significant role and a privilege for the justice system work effectively.

Voting - The country's electoral system is based on a parliamentary system of government. All citizens have the right to choose their representatives and will be informed by the chief electoral officer about individual rights and processes involved ensuring that voting will be easy. Thus, public information is announced through news releases, advertisements, toll-free telephone inquiries, websites, and community meetings.

Community Involvement - Another significant role that comes with citizenship and immigration in Canada is volunteerism. Helping each other in the community is an excellent way to develop useful skills, values, and character to promote common good and quality life.

Protecting the Heritage - Canada is one of the few countries in the world that is well known for its magnificent sceneries and wildlife. The government, as well as the citizens, plays a vital role in protecting and preserving natural resources and cultural heritage. Thus, Environment Canada, one of the three federal departments, fulfills its mandate by conserving and protecting at-risk species and wildlife habitats.

There are approximately 160,000 who become Canadian citizens every year. To be eligible for citizenship and immigration in Canada, an applicant must meet the following requirements:

At least 18 years old;

Adoptive parent or legal guardian may apply for his/her child or children;

Child/children must be a permanent resident but has/have not necessarily lived in the country for three years;

Parent/adoptive parent must be a Canadian citizen or applying to be one;

Have adequate knowledge of the two official languages (English and French);

Not convicted of a criminal offence under the Citizenship Act within three years prior to application, on parole or probation, or have been convicted of a war crime or crime against humanity; and

Have an understanding of the country's history, values, and institutions.

Immigration Lawyers and the Types of Visas Available

With so many visas available, immigration lawyers are often needed to help people choose the right option. Applying for the incorrect visa can delay a visit and in some cases, jeopardize a person's ability to reapply in a timely fashion. Visas fall into four categories including individuals that want to visit, study, work or immigrate into the United States. Regardless of the application, individuals can benefit from information and assistance with the process.

Visiting the United States

There are two main types of visitors to the United States. If a person is coming over temporarily for business, he or she will need the B-1 option. If a person is coming over for tourist purposes or to receive medical treatment, he or she will need the B-2 option. In some instances, there is a visa waver program that people can choose to participate in provided that they are coming from certain eligible countries. While these situations seem like they should be simple, immigration lawyers can still be helpful in arranging the paperwork and helping someone provide the appropriate documentation.

Studying in the United States

Students looking to apply to schools within the United States often want to arrange for their student visas well in advance, often with the help of immigration lawyers. Some students are part of an exchange program while others are just looking to come over individually. Either way, students looking to participate in higher education, including vocational opportunities, require the F or M visa. Students that want to attend high school must use the F-1 option.

Working in the United States

Workers coming to the US temporarily must decide which of the many visas they need in order to be admitted into the country. Because of the variety and the specifications of each one, immigration lawyers often work with individuals to make sure that he or she has chosen the right option. In some cases, employers will help with this process to ensure that someone makes it over for a specific assignment.

Immigrating to the United States

Individuals or families looking to come over to the United States permanently will need to go through a special process. This tends to be more complicated and often requires immigration attorneys to ensure that things go smoothly. In some cases an individual may already be living in the country and want to transition from temporary resident to permanent resident. In these situations, it is increasingly important that potential applicants take advantage of legal counsel and advice. For most people making this transition, this is one of the most important decisions they will ever make in their lives.

Things You Should Know Before Hiring an Immigration Attorney

If you are dealing with the tiring hassle involved in the immigration process, you must be aware of the fact that dealing with it alone is difficult. This is exactly why you should hire an immigration attorney to help you with the process. However, there are several attorneys and law companies out there, which can make the choice difficult. Here are a number of factors you should keep in mind before hiring an immigration attorney.

For one, you must be thoroughly familiar with the abilities of the lawyer you are hiring. For this, you must keep in mind that a good attorney must have the ability to prepare and advocate a case in a highly convincing manner. This quality is needed to make sure that you are hiring a responsible individual who can prepare a persuasive case while keeping it in line with the law.

Secondly, it is highly essential to ensure that the individual you are hiring is an experienced and certified lawyer. Experience is important due to the fact that it enhances knowledge. An experienced lawyer, therefore, will be thoroughly familiar with immigration laws and the requirements of government agencies. He/she will, therefore, be able to guarantee the success of your case.

Also, while hiring an immigration attorney, you must make sure that the latter agrees to handling your case till you receive your visa. This is because there will be a lot of requirements every now and then. These will include legal paperwork, ranging from writing letters to filling various forms. Your lawyer must be there throughout the process to handle the required documentation and other formalities. Also, since you will need guidance regarding the procedure, your lawyer must be there to help you till the end.

When choosing an immigration attorney, it is a great idea to contact relatives and friends who have been through the process. This will allow you to learn about the reputation and credentials of different attorneys and, thus, choose the best out of the available options. You can also search for attorneys online and hire them after going through their profiles. While doing so, however, you must be careful about scams and false claims. You can avoid these by making sure that your chosen attorney is up for a one-to-one meeting to discuss your case.

Indeed, hiring an attorney is a complex and tiresome task. By making the right choice, however, you can make sure that your immigration process goes smooth and ends successfully.

Obligations of Immigration Visa Holders Under Skilled - Independent (Migrant) Visa (Subclass 175)

Scarcity of skills is a key economic concern for Australia even while conservative estimates suggest that there will be a need of more than 300,000 trade or diploma qualified employees by 2015 by the Australian state of New South Wales (NSW), to get the better of economic downturn. Canberra has been offering 1000s of qualified permits to entitled candidates. And, on the basis of the recent estimations, it doesn't appear as if the development will undergo any kind of significant change whatsoever in the near future.

To make the cut for qualified migration to Down Under, the visa aspirants have to get sufficient points even while the basis of which are age, work experience, trade or profession, education, English language skills and certain other factors, such as the existence of close family members inside Australia, not to mention previous work or study in the country. Extra points could well be garnered if the aspirants manage to get sponsorship from an Australian state which has a requirement for the qualifications the aspirants may have. Several subcategories of visa come under, what is called the General Skilled Migration Program (GSM). Thoroughly understanding each subcategory takes substantial time and effort on the part of the candidates.

Obligations for Skilled - Independent (Migrant) Visa (Subclass 175) Holders

Maybe, the best thing from the Independent (Migrant) Visa (Subclass 175) holders' viewpoints is that no conditions or obligations whatsoever are put on them. Those who are offered with the same are able to stay & do a job in any area of Down Under, and be involved with any kind of service. However, the candidates and their accompanying secondary counterparts should strictly obey the laws of the country even as an inability to do the same could prove detrimental and impact their capacity to stay put in the nation.

Talking of the Australian laws, each an every state & territory of Down Under which are self-governing happen to be separate jurisdictions. They have their own system of courts and parliaments. Although the systems of laws in each state are significant for each other, these are not compulsory. The decrees passed by the Australian Parliament apply to the entire country however.

Australia Independent (Migrant) Visa (Subclass 175) has been closed with effect from 1st of July, 2012. Those interested in filing immigration application under Australia skilled Migrant program should now closely look at filing Australia Skilled Immigration Application under any of the following Australia Visa Sub-Classes:

• Australia (Sub-class 189) immigration

• Australia Skilled - Nominated ( subclass 190 ) Visa

• Australia Skilled - Nominated or Sponsored (Provisional) (subclass 489) Visa

• Regional Sponsored Migration Scheme (subclass 187)

Why Should I Hire An Immigration Attorney?

There are many reasons why a person should hire an immigration attorney. If you want your case to be analyzed thoroughly and you want to stay away from problems, then it is best that you hire someone reliable. If you find someone right to do the job, then you are good to go. There are some reasons stated below that will help you understand why hiring an attorney will help you be on the safe side and why it is important that you hire an attorney with up-to-date knowledge.

Get Help to Obtain A Legal Status

If you hire a legal attorney you will be able to fight your case with more force. Your attorney will be able to update you on your case and will discuss the issues that are occurring. If you go to court, then you should hire someone, who knows about the current immigration laws. Immigration laws are constantly being updated and change every once in a while. The immigration attorney will help you every step of the way. He/she will help you fill out forms and submit them in a proper manner. They will also lay down all the facts for you and tell you the various options that are available for you. This way your immigration process will go smoother and you will not have to worry about everything.

Speed up the Immigration Process

It may take you a while to obtain a secure citizenship and an attorney will help you manage your progress. An attorney will help guide you and prepare you for the citizenship tests that you may need to take in the future. Some people do not have family members to help and lawyers usually have a good idea what is asked at these citizenship tests. Sometimes it becomes harder to obtain citizenship for a country because of the laws and how the economy is doing. You lawyer will be able to give you updates on why it is taking so long and will be able to give you new information as he/she gets it.

Get An Upper Hand At Legal Hearings

It would be smart if you hire a legal attorney because they will represent you at legal case hearings. If you have to appear before a judge, then the legal attorney will be able to fight your case because he/she understands your situation. It is always good to have someone on your side defending you and it makes your case stronger. Your attorney will be able to prepare you for questions that may be asked at these hearings and this will make you ready for whatever comes your way at the court. If you application ever gets denied, then you attorney can also turn the tables by appealing for a second chance. If you get a reliable and trustworthy immigration attorney, then you will be able to have a better immigration experience. It is better to have someone helping you every step of the way, then facing problems every step of the way.

Australian Permanent Skilled Nominated Visa (Subclass 190)

The info given below enlightens the visa-holders as to what is expected from them (and those who could be accompanying them, as dependent members of their families), post they manage to get a Permanent Skilled Nominated visa (subclass 190) of Australia.

Gain Admission into Australia

In case the visa-holders are located outside the territorial jurisdictions of Australia, at the time of being issued the permit, the nation's Department of Immigration & Citizenship will officially inform them the date by which they could gain admission into Down Under.

Cater to service obligations

Certain obligations are expected to be duly met by the candidates by the Australian states or territories, such as:

*Live in that state or territory which offers them nomination, for not less than 2 years; *Suitably keep the involved Australian state or territory informed of any changes made to their official addresses; *Conclude studies and furnish report when asked for the same.

Rights

Permanent Skilled Nominated Visa (subclass 190) enables the aspirant and the accompanying members of his family to, among others:

*Stay & work permanently inside the country; *Pursue studies in the nation; *Register for Medicare-Down Under's system for medical care & expenses; *Use some social security payments (this is though subject to waiting time-frames) *Apply for the nation's prized citizenship (this is again subject to the requirements related to residency); *Offer sponsorship to relatives for the status of permanent residence.

In case the candidates travel out of Down Under

As the name clearly suggests, Permanent Skilled Nominated Visa ( subclass 190 ) is a permanent residence visa even as it enables the holders to travel to and from Down Under, for a period of 5 years, from the actual date it is offered.

In case the holder is keen to carry-on such travels-- post the expiry of the permit--he would do well to pocket a Resident Return Visa. The said permit is essentially for those people whose travel legality time period of their permanent permit has come to an end, or is on the verge of expiring.

The holders may also suitably file a petition for the prized Australian citizenship. When a person becomes a citizen of Australia, he represents a loyalty to it, and those who could be its citizens and/or permanent residents. Citizenship also offers a feeling of being a key part of the country-the reason being the holder may wholly involve self in each and every facet of the Australian life.

Obey visa conditions & laws of the land

The visa - holder - together with his family - should strictly comply with each and every visa condition, besides the laws of the country. Every state & territory of the Kangaroo Land, which is self-ruling, is a separate jurisdiction. The Australian states & territories have their own distinct system of courts & parliaments. Even if the systems of laws in every Australian state are important for its counterparts, these are not obligatory. The judgments & orders passed by the parliament of the nation, however, cover the whole country, and must be respected by all.

How to Get Help From Immigration Lawyers

If you are an immigrant, you would know how hard and tiresome it is to locate reliable immigration lawyers and schedule consultation sessions with them to get your case solved. These lawyers review and help solve the issues of their clients. Sometimes, these cases are heard and decided in the court.

Immigration lawyers use all their practical knowledge in fighting their clients' cases with vigor and enthusiasm. Problems regarding immigration, like local laws, involved in the processes are the main reason people turn to immigration lawyers for help. These lawyers are connected with various branches of immigration law, which include family immigration deportation, employment visas and green cards. Lawyers specialize in different branches, which is why it is best to consult a lawyer who holds expertise in cases like yours.

Lawyers can be approached through local bar associations. These bar associations provide services to the public by being efficient and reliable sources to locate lawyers. Contact information about lawyers can be obtained simply by calling up the bar association. The client calls the bar association and gives brief details to the operators who, after listening to the details of a case, refer the client to the most appropriate lawyers. These operators are allowed to give the contact information of lawyers.

A secondary yet fast and reliable source of gathering information about various lawyers and their specializations is the internet. Information about immigration laws and different practicing lawyers, their qualifications and skills can be obtained from various websites. Internet can also prove to be a very valuable source, as it can filter your search according to your location, preference of gender and ethnicity.

The next phase of the process, regardless of the source of contact information, is to call and get an appointment for a one-on-one meeting. Before leaving for the session, it is advised to keep in view the tips mentioned below, so as to make the session worth the time and money.

Firstly, all legal documents that may be required by the immigration lawyers must be collected. For instance, lawyers may ask for documents like visa application, passport or green card. Before the meeting, the client should have all these documents stacked in a file. Preparation and planning can help in making sure that your meeting with the attorney will not be a waste of time.

The final phase of the process is to arrive at the designated area on time. The customer should have all the documents with him on his first advisory meeting, since the immigration lawyer will deeply study these documents. When he has thoroughly read the documents, the client will have to describe his case with as much detail as possible, answering any questions the lawyer might have. The question and answers session is two-way communication and the client is given full opportunity to clear and doubts queries regarding the case, laws, possible solutions, etc.

What to Do and What Not to Do When Filing for Deferred Action

The administration has implemented the deferred action process that will temporarily postpone the deportation of certain eligible undocumented immigrants from the United States and the USCIS is accepting requests from such eligible individuals. But the application filing process is not simple as it involves various steps.

Three different USCIS forms must be completed and sent along with the supporting documentation and fees, to a USCIS lockbox. As you cannot appeal, if the USCIS denies your request, it is wise to avoid mistakes while filling the forms. Incomplete forms and forms with mistakes will not be accepted, hence you may read the instructions before filling up the forms.

The three forms that must be filed are, Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization, Form I-765WS, Worksheet. According to the form instructions, the three Forms I-821D, I-765 and I-765WS must be mailed together, to a USCIS lockbox.

An application requesting deferred action must be sent along with an application for employment authorization. USCIS will not accept forms that are unsigned. So, make sure that you fill in all the required fields and sign Form I-821D and Form I-765, before mailing the forms. Remember to sign the forms, even if someone else fills the forms for you.

You need not pay for blank USCIS forms and you may download the forms from the USCIS website and remember to download the current version of the forms. Form I-821D and Form I-821 are both different and use Form I-821D, to request deferred action. Do not use Form I-821, as it must be filed to request Temporary Protected Status.

You may not e-file a request for deferred action and the completed forms must be mailed to a USCIS lockbox. Applications without the required fee will not be accepted and submit a check of $465 along with the application package. You may also choose submit separate checks of $380 and $85.

You must fill in your name, date of birth and address in the same format on Form I-821D and Form I-765 and do not leave any column blank. Supporting documentation that you mail along with your application play an important part, because the USCIS will decide whether or not to grant you deferred action only after reviewing the documents that you submit.

You can also label the documents according to the USCIS guidelines, as it will be easier for the USCIS to verify your documents. Fill the form using black ink, if you are completing it by hand or type your answers and then print your form. It is recommended to start over again with a new form if you make a mistake. Incorrect and illegible answers will lead to the denial of your request.

It is mandatory to understand the eligibility requirements for deferred action before filing an application. Your request may not be accepted if you do not satisfy the eligibility requirements. Requests from undocumented immigrants above age 31, will not be accepted by the USCIS. After you fill the forms, check your application package, before you mail it to a USCIS lockbox.

Underwhelming Reaction to Obama's Deferred Action Plan in Florida

The Obama administration created the Deferred Action Plan for immigrants who arrived in the U.S. before the age of 16 and are currently enrolled in high school, graduated from high school, or have served in the military. If immigrants meet these qualifications and do not have an extensive military record, they can stay in the United States for two years without the fear of deportation.

This program has received a tepid response from the immigrants who are expected to benefit from the plan. Statistics show that less than 15 percent of young immigrants who are eligible for President Obama's deferred action plan have actually applied. The top five states with the largest numbers of potentially eligible immigrants include California, Texas, Florida, New York and Illinois. Approximately 100,000 young immigrants stand to benefit from the Deferred Action Plan in Florida alone, and Florida law also permits immigrants with work permits to obtain driver's licenses as well.

The two main reasons why undocumented immigrants are hesitant to apply for this program are fear and politics. In order to apply, immigrants must fill out a six-page form that includes an address and multiple documents that prove that they have actually lived in the country. They must also include documents that prove that they are under the age of 31 and must have come to the United States before they turned 16.

The most stressful part of applying is that there is no chance to appeal applications that are denied. The steps involved with filling out these applications are not only time-consuming, but legally complex as well. If the application is incomplete or incorrectly filled out, it will be sent back to the applicant to resolve the problems. Once the application is accepted, it will be reviewed by the U.S. Citizenship and Immigration Services and a final decision will be made. Applicants must also pass a background check, and the total fee of applying for the program is $465.

The second thing that is hindering undocumented immigrants from applying for this program is politics. With the recent announcement by Mitt Romney that he would shut down deferred action if he was elected president and replace it with "permanent reform of our broken immigration system", many young immigrants have decided to wait on applying for the program. For some immigrants who are desperate to avoid deportation, it is better to apply and take their chances. Others are choosing to wait and see who is elected. For more information on the Deferred Action Plan and how it affects you, contact a Tampa immigration lawyer at Maney & Gordon, P.A. today.

Children of Green Card Holders to Be Given Priority for US Residency

Children of Green Card holders who had applied for special visas and who had lost their places in their line for US Green Cards, will now be given priority. A US Circuit Court of Appeals, recently decided that the USCIS had wrongly determined that the children above age 21, of Green Card holders are ineligible for special visas.

According to the current US immigration law, children above age 21, are ineligible to immigrate in derivative status under the Green Card applications filed by their parents. But the parents who obtain Green Cards may sponsor the aged-out unmarried child, through the 2B preference category. But this process is not so easy as we think and the child will be separated from its parents for years together. Child Status Protection Act was passed by the US Congress in the year 2002, in order to solve such issues and to keep the child from being separated from its parents.

One of the most common ways to obtain a green card is to have a family member who is already a United States citizen petition to sponsor the foreign national.

Now the appeals court has ordered that such children who had lost their places when they turned 21 must be given priority and this decision is a result of the lawsuits filed in the year 2008. According to the court's decision, children of Green Card holders who had turned 21 may keep the priority date that they had obtained when their parents filed applications for derivative visas, on their behalf.

According to Attorney, Carl Shusterman, thousands of children living in and outside the United States, who turned 21 during the permanent resident card process, may now reclaim their places in the line for US residency. These aged-out applicants will be helped out through the Child Status Protection Act. And this act will allow the applicants who aged-out during the process, to retain the original date of application.

Judge Mary Murguia stated that The Child Status Protection Act, allows the aged-out beneficiaries to retain their priority dates. And the appeals court ruled that the USCIS has wrongly made these aged-out applicants to file new applications for permanent resident status in the United States.

The new judgment of the appeals court requires the US immigration officers to consider the original priority date while processing the new applications filed by these applicants. Judge Milan Smith said that these aged-out applicants who will be given priority will now move forward in the line and may become eligible for US residency faster than the other applicants.