7 Common Immigration Mistakes To Be Avoided

While applying for immigration benefits, there are some common mistakes people make, but can be avoided. These mistakes can sometimes cause serious trouble at the end of the road, like not being able to reunite with their family, loss of both the application filing fee and the immigration fee, being deported and inability to re-enter the US. So, caution must be taken to avoid these simple mistakes listed below.

1. Providing Incorrect information:

When applying for immigration benefits, it is necessary to provide all the right information. This is right from the point where the immigration forms are filed. Fraudulent information or misrepresenting any facts for obtaining the immigration benefits must be avoided.

2. Late Responses to USCIS queries:

If the US Citizenship and Immigration Services needs any additional information for processing any immigration application, it sends a Request for Evidence (RFE) to the applicant. This request has to be replied with sufficient documentation within the stipulated deadline. Ignoring or missing the deadline for the RFE can lead to denial of the application.

3. Immigration Interviews and Court Hearings:

Attending the interviews set up by the USCIS and the court hearings is very important in the process of granting an immigration. Ignoring these interviews and court hearings can also lead to the application being rejected.

4. Filing application without the fee:

USCIS forms usually have a processing fee. Fee waiver is also available for most forms. Those who cannot afford to pay the fees, can send the application along with a request for fee waiver. USCIS does not process any application which does not have the fee or the proper fee waiver request.

5. Send the application to the wrong office:

The instruction form along with the application should be read carefully. The address to which the application form should be sent to is given clearly in the instruction form. The application must be sent to the correct address to avoid delay where the application is either returned to the sender or sometimes forwarded to the right address.

6. Not everyone who applies is successful:

Some of the applicants, even though they do not meet the criteria for immigration benefits, simply apply because their friends or relatives have applied and have obtained the benefits. Every applicant is evaluated and not everyone who applies is eligible for the benefit. Reading the instruction forms thoroughly clarifies the eligibility criteria and provides newer options available.

7. Eligibility:

Applying for an immigration benefit for which they are not eligible is a very common mistake. Reading the Instruction Form before applying and checking for an individual’s eligibility can be done before applying.

Posted in |

Three Categories of Family Law Documents

This branch of the law covers all legal matters that pertain to a family. This can include marriages, divorces, prenuptial agreements, adoption, civil unions, property settlement, child custody and visitation and more. To become an attorney that deals with family law you have to first get your bachelor’s degree, attend law school and then pass the bar but if you plan to specialize in family law there are many different specialties to choose from, including adoption, neglect, abuse, divorce, paternity, custody and visitation, paternity, and more.

Marital unions

Under this category marital unions include civil and traditional marriage unions. It rarely includes formal pleadings. The reason is that this area of the progress of family life is less contentious. This means that not many couples at this stage are filing actions against each other. Some of the documents include:

  • Name change forms
  • Certificates of marriage
  • Prenuptial or premarital agreements

These documents may be called by other names in different jurisdictions but they all cover the same area. Some jurisdictions may also enable other types of actions under the category of martial unions but the general concepts as to what is handled by these forms, agreements, and certificates are common in all jurisdictions.

Marital termination

This category is where you will find most of the documents. These documents deal with marital terminations and include divorce, separation, and annulment. One of the parties will initiate a court action to sue for relief. These particular documents will mirror the types of pleadings that are filed. In addition to asking for termination of the marriage the documents can also include replies to the court action filed and any counterclaims. Some of the more common documents can include motions to restrain a spouse from deleting the marital assets, temporary alimony, and court costs. This category of family law documents include all the attachments and forms that are used to establish the marital estate as part of the proof that will be needed to reach an amicable and fair divorce settlement.

Parent-child relations

In this category are the actions that will do the following:

  • Appoint a legal guardian
  • Establish paternity
  • Deal with the issues of support, custody, and visitation
  • Removing a child from a home for cause

The petitions can also include motions to modify an order for child support, and motions for contempt for failure for either party to comply with any prior court orders.

As you can see there are many different documents that a family law attorney has to deal with so that is why many specialize in one particular area although some may practice in more than one area. To be sure which specialty volunteer to work for a family law firm.

Posted in |

Will The End Of DACA Burst Our Academic Bubble?

Maybe it is okay that the academic bubble is about to burst. After all, our colleges and Universities seem to have lost their way, teaching gender studies, minority (majority) studies, leftist viewpoints and the never ending politically correct mission creep of sustainability, equality, and socialism. Is the removal of DACA – Deferred Action for Childhood Arrivals going to be the straw that breaks the camel’s back in academia? It very well might be. Let’s talk.

There was an interesting piece on NPR worth listening to titled: “California State University Chancellor Raises Concerns About End Of DACA,” part of the ‘All Things Considered’ venue (4 minutes, 14 seconds long). The piece was on the air on September 6, 2017. During the interview the California State University system Chancellor Timothy White, he stated:

“Well, it would make it so several thousand of our students and several hundred of our employees would lose the status that DACA has provided. And for some, that would mean they would drop out of school out of fear. For others, it would mean that they would not be able to get a job or have the sort of ability to function in society once they earn their college degree. So we’re actually deeply disappointed in the president’s action and are working strongly with, now, our congressional members to create legislation to reverse this.”

Personally, I bet it is much higher than that, I bet it’s at least 5,000 students at 500 University employees. First, why is the University hiring Illegal Aliens ahead of US Citizens? Second, are these 5,000 students borrowing monies (student loans) for their over-priced tuition? You know, college is FREE in Mexico, but I guess if they don’t pay back the student loans its FREE here too, for them only as all the citizen college students can’t get out of their student loans ever, or those on Student VISAs have to pay in exorbitant college tuition fees in advance often 3-times the normal rates. Next is this issue with Cal Grant program – who do you think pays for that?

Meanwhile, most of the University professor pension funds around the country are in trouble (underfunded) and their pay keeps increasing, and the Universities continue to hire more administrators to their already bureaucratic and top-heavy brain-washing institutions.

Now you might ask, why on Earth does this author (me) care? Well, I am a taxpayer. And, I understand the issues of social safety nets, but our taxes are paid by US citizens for our benefits, not to redistribute to folks who are in our country illegally. Yes, I understand the debate; “it’s not their fault, their parents brought them here at a young age, and this is the only country they know.” Understood, but that is not my fault, nor should it be my problem just because I am a white male.

It seems now we are in a Catch-22. You see, if we send all the DACA students back, they will not pay their student loans, and will finish their education in Mexico, where it is free, which might be enough to trigger a bubble burst in the student loan market causing severely decreased enrollment as no one will be able to get a student loan in the future; citizen or not. Fewer students means tuition revenues will decrease, layoffs of staff and professors will cause poor education, larger classrooms, and bankruptcy to many University systems nationwide. And, mind you, the academic bubble will eventually burst as it is “unsustainable” anyway, but this may accelerate the time to drive off that cliff.

It’s too bad academia got hijacked by leftist political forces, now it’s time that the pendulum swings back to some sense of normalcy. Maybe it’s going to take a big hit to the system to force a little common sense back into the University system, maybe this DACA reversal might be that event that pivots to a more reality based place of higher learning?

Posted in |

Divorce 101 for Filipinos

Here’s a situation: A and B, both Filipinos, went to the United States to get married. After several years, marital troubles started to occur between the couple and after efforts at reconciliation failed, the two started to part ways. They figured that since they were married in abroad, they decided to get a divorce in the US.

Upon return to the Philippines, after obtaining a decree of divorce, A and B mutually divided their properties between them and went their separate ways. Now, here’s where it gets tricky: Apparently, A incurred debts after their ‘divorce’. And now creditors are after not just A’s properties but also that B’s, which left the latter distraught. Is this even possible? Yes.

First things first: Divorce is NOT applicable to Filipinos. Even if the couple successfully obtains a decree of divorce, the same is VOID in the Philippines. In effect, in the eyes of the law, the couple is still legally bound as husband and wife.

Art. 15, otherwise known as the Nationality Principle, of the New Civil Code provides:

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Given this, the creditors may go after the property of B as the same forms part of the community property of with A. After all, they are still a married couple.

However, Divorce obtained outside the country, may, in certain instances, be recognized in the Philippines. How?

Article 26 of the Family Code, reads:

All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

What makes this provision applicable to Filipinos are the presence of the following elements:

  1. That the there is a valid marriage between a Filipino and a foreigner.
  2. That the alien spouse obtains the divorce abroad and such decree capacitates him/her to remarry.

What if the Filipino later on became a naturalized foreign citizen, is this now applicable to him? It depends. In Republic vs. Orbecido III, the Supreme Court ruled that: “The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.”

Posted in |

F1 Visa Advisor Ideas

Lawyers are able to help you fulfill your fantasy of living and working in the States. Immigration law in U.S. is complicated, dependent on your special situation, the lawyer will able to provide you with the ideal solution. In the last few decades, immigration to Australia has been among the most well-known destinations for Indians and South Asians. Should you go for another citizenship, it is strongly wise to consider Dominica first. Obtaining Israeli citizenship can be accomplished in a variety of ways.

The H-1B visa is valid for 3 years and perhaps extended for another 3 years. Also, as mentioned before, H-1B visas aren’t available year-round for most applicants. The H-1B visa does not need individuals to have a visa stamped every month or two.” If you’re still in the USA on an H-1B visa and would like to stay in the united states for at least six decades, you may apply for permanent residency in the united states to obtain a Green Card.

You may call it visas, you’re able to call it work permits, you may call it anything you desire. This visa is issued depending on the sort of work which you do. This visa is not right for permanent residence, however. With over 140 Australian visas to apply for, it’s important to be aware of the ideal one to choose and the proper way to achieve that. A brief stay visa will make it possible for a visitor to stay in the nation for as many as three months.

Lies You’ve Been Told About F1 Visa Advisor

There are many measures in the visa application approach. Fill an application if you are prepared to start. In the event the application or interview isn’t completed, this could cause a denial of the classification. No matter your reason is, you can require the suitable documentation to enter Canada. Should you not have the right documents to make an application for the visa, the CAS won’t be issued.

F1 Visa Advisor Tips

Obtaining adequate medical insurance for your time in America is critically important remaining uninsured isn’t a valid alternative. Cash payments aren’t accepted. Visa fees connected with obtaining the H-1B visa change from nation to nation. There are various fees based on the kind of H-1B petition you’re submitting.

Now you have taken a wholesome step to validate the requirements, process and interview questions to procure an H-1B visa, it’s the ideal time to begin preparing! There are requirements you have to have as a way to get this visa. There’s a limit on several visas available per fiscal calendar year.

If you could not meet these requirements also, there are chances that you still receive a green card. Visa requirements differ from nation to nation and in addition, it is dependent on your nationality. In addition, there are additional requirements that the visa applicant must establish, such as expertise within the field.

An applicant hoping to procure an H1-B temporary work visa needs to have a petition accepted by the USCIS. Your employer will be able to help you submit an application for a vital Skills work visa. If you prefer to modify employers as soon as you reach the U.S., that employer should be the one to submit an I-129 form. The employers are extremely cooperative when it comes to hiring Indians. It enables the employee to get a visa stamp and work in the USA for that business alone. The employee is subsequently regarded as out of status. Furthermore, you can transfer your employment when your petition was improved.

Posted in |

Does the Age You Get Married Impact Divorce Rates?

There are many factors in a marriage that can cause or contribute to a divorce. The truth is, the causes for divorces in the United States, like relationships, are very complicated. Even though the divorce rate in America has dropped, in large part due to the Millennial Generation, there are numerous reasons why married couples do not make it until death do they part – one of which is the age they got married.

All Marriages Require Hard Work

Unfortunately marriages do not last based solely on personal chemistry or physical attraction. When you choose to get married, you are vowing to love your partner for better or worse. No one gets married expecting to divorce. However, studies have shown that variables such as age, income, employment status, and education have significant impacts on U.S. marriages.

How Age, Income, and Education Affect Divorce

According to The Institute for Family Studies the ideal age to get married is in your late twenties, but why? When you decide to get married at an older age, your odds of divorce decline because at this stage in your life you usually have a higher education, a more stable job and are more established financially. With a higher level of education, your potential to earn more money is greater. Couples who experience more tension in their marriage from things such as a lack of money and maturity, frequently find themselves turning what were just thoughts of divorce into a reality.

The Divorce Rate Is Dropping Thanks to Millennials

Younger Americans are waiting much longer to get married. The national median marriage age as of 2011 for a woman’s first marriage was 27 years old, and for men was 29 years old; the highest median marriage age in decades for men and the highest ever for women. In 2005 the national median marriage age for a woman’s first marriage was 25 and for men was 27.

Many young folks have decided not to get married at all and choose instead other arrangements. It is much more common now, and many consider it more convenient, to move in with his or her partner without having to worry about the social pressures from society to get married first. With the average divorce happening about 12 years in to the marriage, we will have to wait and see if this recent generation of newlyweds will continue to keep their vows.

Posted in |

Importance of Immigration Lawyers

Immigration lawyers generally help their clients in issues relating to visas, citizenship and other immigration benefits. Not all instances require the services of an immigration lawyer; however, immigration law in many countries is quite complicated and hiring an attorney will save you money, time and the hustle of moving around immigration offices.

Why should you hire an immigration lawyer?

  • An experienced and competent immigration attorney understands the law thoroughly and will be up to date with recent changes to the law. Moreover, the attorney will know the right procedures, administrative forms and all requirements to appropriately handle your case.
  • You can rest assured that your interests and rights will be well represented and defended. He/she will ensure that you are adequately protected from any form of abuse and exploitation and bar you from making critical mistakes. You’ll also receive regular updates on the proceedings of your case.
  • Immigration lawyers have to adhere to the set professional standards and will therefore commit themselves fully to offering quality, accurate and professional services. Their accreditation helps them maneuver the complicated immigration bureaucracies.

How to find an excellent immigration lawyer

A good immigration advocate can impact positively on your case and this is how to get your hands on one:

  • Ensure the potential lawyer is trained and licensed to handle cases similar to yours.
  • Do some research on the lawyer you’re about to hire and check the reviews he/she has received from clients. Now that will help you make a wise decision.
  • The lawyer you intend to hire should give ethical advice while also restraining from illegal practices such as bribing.

When should you call an immigration lawyer?

You will definitely need to seek the services of an immigration lawyer if you encounter the following:

  • If you have been deported from the country you were living in and you wish to return.
  • If you have committed a criminal offense or have been convicted of a criminal offense and you want to avoid a removal from the foreign country.
  • If you are planning to move to another country for work and your employer is not in any way assisting with the immigration process.
  • If you are requesting for any form of exceptional benefits that the state would not ordinarily offer to an applicant in your position.
  • If you had immigration application denied or refused.
    The list could go on and on but the bottom line is that you shouldn’t hesitate to call an immigration lawyer when faced with any immigration issue.

What to expect from your immigration lawyer

If you have hired a good lawyer, here is what to expect:

  • He/she should be respectful, ethical and professional.
  • He/she is knowledgeable on the complexities of immigration laws and also experienced to handle your case.
  • Charges reasonable fees after providing the estimates in advance.
  • He/she works diligently throughout and ensures that your case goes to a successful completion.
  • Helps you in making the right decisions, keeps all information confidential and also keeps you posted on the details of your case.
Posted in |

Why Should We Hire Family Law Practice

Family law can be defined as a practice that is closely concerned with the legal issues that have to do with family relationships like child custody, divorce and adoption. The lawyers who practice in this area usually deal with divorce, child support and so on. There are those that choose to specialize in emancipation, paternity, and adoption or any matters that relate to divorce. Formal requirements have to be reasonable and that is usually determined by the state. This includes things like legal capacity, age and same sex marriages. The state is also responsible for setting out the procedures and the rules that govern divorce as well as other matters related to family law.

Important terms to family lawyers

Emancipation: this is a process of the court whereby a person or a minor is allowed to be self-supporting. This means that he assumes the responsibilities of an adult for his welfare and won’t be under the parents.

Marital property: this is the kind of property that was acquired by a spouse while they were married and that needs to be divided when they divorce.

Alimony: this is the allowance that is given to a spouse for support when they are legally divorced or separated or when they are awaiting either of the two.

Paternity: the descent or origin from father. Establishing paternity means that you are confirming who the biological father of the child is.

Prenuptial agreement: this is an agreement that is usually made between two parties before they get married. Here, future rights to property are given in case death or divorce occurs.

Why hire a family lawyer?

Many of the family lawyers offer their services during divorce proceedings and other matters that may be related to divorce. Family law is a broad practice however, and it includes areas like reproductive rights and foster care. Some of the reasons as to why you may need a family lawyer include:

Divorce: every partner hires a lawmaker who is responsible for the creation of a settlement plan so as not to go top trail. They are usually people who can be able to divide any marital property, proposing child custody scenarios, and also calculating spousal support.

Child support/ child custody: the court orders and agreements on settlement involve support and custody and can be included in divorce cases that are larger. These can be revisited if any conditions change like the financial standing of a parent.

Paternity: sometimes a mother can file such a case as they try to secure some child support payments from the father. Also, a father can file a paternity case so as to be able to have a kind of relationship with a child. DNA testing is used for the determination.

Adoption: foster care and adoption is both complex. The process can differ and usually factors like where a child is from and state laws can affect the process. A family lawyer can be able to handle all these. A foster parent can sometimes adopt a foster child. The entire foster process sometimes doesn’t require any kind of legal representation.

Posted in |

Canada & Australia Immigration – Tips to Get Your PR Visa Faster

It is very obvious that when you want to settle in vibrant countries like Canada or Australia, you are keen to have your visa processed at a faster pace. In case of the temporary visas, you can do nothing but depend upon the employer to complete his job related formalities. But, when it comes to processing of permanent residency visas, the ball is always in your court. Permanent resident visas of these countries are issued considering the points applicant can score under respective immigration system. These points are often affected by time, age, work experience, education, spouse skills etc., and these factors eventually effect the success of the visa application. To ensure that your process is smooth and at a faster pace, here are three most important tips to be followed.

Tip No. 1: Apply at the right time-
It may seem astonishing to read but time is certainly a crucial factor in PR visa application. Under the time factor, application can be affected in the following manners:

  • Age: At the time of your application, if you are young you are more successful. This is because these countries have a high demand for professionals who are young (preferably 18yrs-25 yrs). Hence, to settle in Canada or Australia by getting yourself a higher preference and also great career prospects, apply when you are in your most demanded age range.
  • Peak Months: According to research, the best time to apply for Australia immigration is in the months of February and July. These two months are considered peak time for submitting Australia immigration. It is said that often applications during these peak months are associated with higher success results.
  • Intake Periods: Several provinces or States migration programs of each country have specific intake periods of PNP/State nomination applications. Keeping the nomination applications ready before these intake periods often results in quicker intake, improving chances for a quick visa.

Tip No. 2: Boost your CRS Score-
You may be aware of the fact that Canada & Australia have an immigration system that operates through a points based structure. Candidate’s eligibility as well as success for an international permanent residency status majorly depends on how well he can score under the points based system. If you believe that your score is hindering the success of your application, here are some ways by which you can improve your points.

    • Improve qualification: To improve your score, the best and easiest thing you can do is improve your qualification. If you a graduate, a higher degree will eventually increase your score and preferences for selection. Likewise, any certification or diploma that boosts your nominated occupations will also be a good step towards a score improvement.
    • Enhance work experience: Highest work experience candidates get good points under Canada and Australia’s points based system. If you have a chance to improve your work experience before your application or while your application is in process, go ahead, work hard and update. This may eventually increase your score and chances for a quicker visa.
    • Re-attempt IELTS: To become an international permanent resident, applicants must prove their proficiency level in the English language. For this IELTS is mandatory. As an applicant, if your IELTS score is what is delaying the process or getting you less score, re-attempt your IELTS. The best suggestion for improved results is to go for an expert help in preparation for IELTS.
    • Include Partner Skills: If your spouse or common law partner is accompanying your immigration, it is best to include his/her skills in the application, provided that she/he is eligible. This is because PR visa applicants are allotted with additional points for partner skills and this eventually increases points.

Try State/Province Nomination: If you meet the eligibility requirements of a respective State or Province, applying for a State Nomination increase will increase your points and also boost your chance for quick visa success.

Tip No. 3: Get Expert Assistance-
Despite all your efforts, if you are still unable to fetch those great points to buck-up your process, then you may missing something that only an expert eye can catch. Get in touch with your city’s best immigration experts and get counseled about the aspects that will help you in your application. Since immigration experts are up-to date and have hands on experience in processing thousands of visa cases, they will help you analyze the loopholes of your case (if any) and show you ways towards a quicker success.

Posted in |

Finding a Good Family Lawyer

Family lawyers are needed in different situations including divorce. Such situations are very stressful and if you are not careful, you may have a very hard time during such times. There is a need to have a professional with a deep understanding of the law on your side so as to handle different situations that you may not know how to handle completely. This can make the process much easier for you and the whole family.

When you are looking for a family lawyer, there are some qualities that should be outstanding. These will help you know whether the person you have chosen to represent you is capable of handling himself and the case at hand. Some important qualities include:

  1. Communication: the lawyer should be able to communicate and communicate well. This is very critical. The lawyer needs to be able to communicate in an easy and clear manner. When you have a lawyer, it is necessary that you are able to voice your expectations and concerns. It is the job of the lawyer to explain things clearly to you as well as those that have to do with the case and to give you expectations that are realistic. The lawyer should also be able to communicate with other parties to the case. Good communication leads to effective negotiations keeping costs down. A good communicator will also be very helpful should the case go to court.
  2. Experience and skills: while it is important to have an attorney to represent you, it is important that he is able to represent you well. So as to do this, skills are required. A case such a divorce can touch on many aspects of family life as we know it. This may include career, retirement, finances and so on. The lawyer should be experienced and very knowledgeable so as to make sure that all your interests are protected. Experience in family law cases is an added advantage especially if such a case has a lot of similarities with yours.
  3. Availability: when you are searching for a representative, make sure it is a person that is available in all the important points of your case. If he can’t be present all the time, he should have support available to cover when he has other matters to attend to. The lawyer should avail himself to respond to questions in a good and timely way, he should work with timeframes so as to reassure you of his dedication. He shouldn’t be too held up with pother cases so as to be able to pay attention to yours.
  4. Composure: your family lawyer should be able to maintain his composure at all times. This isn’t only about staying focused and calm, but also exhibiting a lot of self-control when in the courtroom or when dealing with other lawyers, even if he feels frustrated, your interests need to represent very strongly but he shouldn’t take things too personally when the turn of events isn’t completely to his favor.
  5. Support and resources: lawyers have other clients too, and it is not possible that they will always be available to answer questions every time something comes up. It helps when the lawyer has a team working with him so that even emergencies can be handled swiftly.
Posted in |