How consular officer are instructed to handle cases where an applicant as drunk driving hits.

June 28, 2011 By

How consular officer are instructed to handle cases where an applicant as drunk driving hits.

Consular both generally become aware of drunk driving arrest and conviction after receiving the results of fingerprints taken when applicant has a “hit” on one or more of their database. While a drunk driving conviction is not statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether not the Applicant may in fact be in eligible under the Immigration and Nationality Act. The portion of the act could render an individual in eligible is an applicant who has a physical or mental disorder and demonstrates behavior associated with the disorder that may pose, or has pose, a threat to the property, safety, or welfare of the alien or others.

In the case of an immigrant visa applicant consular officers now must refer the applicant back to the panel physician for additional evaluation in two circumstances. The first being an applicant has a single drunk driving arrest or conviction within the last three calendar years. The second circumstance being two or more drunk driving arrest or conviction in any time period. In addition to those two circumstances consulate officers must also refer applicants the panel positions if there’s any other evidence to suggest an alcohol problem.

In order for an applicant to be found in eligible under the INA section 212 (a) (1) (A) (iii) the physician findings must include:

1.            Diagnosis of a mental disorder (which would include alcohol abuse); and

2.            Current harmful behavior associated with mental disorder or history of harmful behavior associated with mental disorder this judge likely to recur in the future.

Where to get help

At Geygan and Geygan, we focus our practice on immigration matters so we are uniquely qualified to help you and your family. Success with immigration matters, including the consular processing, requires a full understanding of the facts, the immigration law and the current policies. Please contact our office to discuss how we can help you. All conversations are confidential.

It’s easy to get help. Call or email our immigration lawyers today (Thomasjr@geygan.com.) We will gently walk you through your immigration issues and aggressively fight for your legal rights. Call Geygan & Geygan today: 513-793-6555.

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Filed Under: Employment, Employment Visas, Family based Immigration, Family Visas, Green Card, Green Card, Immigration

H-1B Visas Capped at 85,000

June 24, 2011 By

H-1B Visas Capped at 85,000

The Geygan and Geygan immigration lawyers help people like you find their way into the United States legally.  Often, professionals use the H-1B visa as a means to come to the U.S.

How the H-1B visa works

The H-1B visa is a nonimmigrant visa.  U.S. employers who need employees in a specialty occupation can employ, for a limited period of time, foreign workers.  These employers of these foreign workers apply for an H-1B nonimmigrant visas so their workers can enter, live, and work in the U.S. for a period of time.

Specialty occupations include, but are not limited to engineering, architecture, biotechnology, medicine/health, the arts, law, physical sciences, social sciences, telecom, and education.

85,000 people can enter the U.S. with an H-1B visa each fiscal year.  Unless an exemption applies, there is a statutory cap of 65,000 H-1B petitions (and there are 20,000 statutory visa exemptions available.)  In other words, the first 20,000 H-1B visa petitions by people who have master’s degrees earned in the U.S. are exempt from the 65,000 cap.

The power of an H-1B visa

The H-1B visa allows the holder to enter (and reenter), live, and work for a specific employer in the U.S.  Your spouse and children, who are under the age of 21 are permitted to come to the U.S. and live with you.

If a spouse wants to work, he or she must have their own work visa, even another H-1B visa.

H-1B visas expire

H-1B visas expire after three years.  They are typically extended for another three years upon request.  However, U.S. defense department workers may be able to get a 10 year H-1B visa.

Remember that the H-1B visa allows you to enter, work, and live in the U.S. so long as you work for the specific employer who applied for your visa.

If that employments ends, for any reason, you must leave the country or another qualifying employer must request to have your H-1B visa transferred (if you still have time on your visa.)

If you wish to remain in the U.S.

If you wish to remain in the U.S. after your H-1B visa expires, you can apply for a green card and become a permanent resident or you can apply for another H-1B visa after a one year absence from the U.S.

Where to get help

At Geygan and Geygan, we focus our practice on immigration matters so we are uniquely qualified to help you and your family.  Success with immigration matters, including the H-1B via, requires a full understanding of the facts, the immigration law and the current policies.  Please contact our office to discuss how we can help you.  All conversations are confidential.

It’s easy to get help.  Call or email our immigration lawyers today (Thomasjr@geygan.com.) We will gently walk you through your immigration issues and aggressively fight for your legal rights.  Call Geygan & Geygan today:  513-793-6555.

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Filed Under: Employment, Employment Visas, Immigration

Visa Revocation

April 26, 2011 By


Advance copy of DOS Final rule: Visa Revocation


Visas“This rule changes Department regulations to broaden the authority of a consular officer to revoke a visa at any time subsequent to issuance of the visa, in his or her discretion. These changes to the Department’s revocation regulations expand consular officer visa revocation authority to the full extent allowed by statute. Additionally, this rule change allows consular officers and designated officials within the Department to revoke a visa provisionally while considering a final visa revocation.” FR Doc. 2011-10077 Filed 04/26/2011 at 8:45 am; Publication Date: 04/27/2011.

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Filed Under: Employment Visas, Family Visas, Immigration

Why do I Need an Immigration Attorney?

March 9, 2011 By

Why do I Need an Immigration Attorney?

You need to know your immigration rights under the Immigration and Nationality Act.  An application for immigration benefits, before United States Citizenship and Immigration Service, requires the application of specific facts to the immigration law. Failure to follow the requirements of USCIS and the immigration and nationality act will lead to a denial of any and all benefits and possibly a referral to the immigration court. Immigration court (i.e. deportation hearing) is a full-fledged court room with a judge, prosecutors, evidence, and witnesses.  If you lose your case, the penalty is great:  banishment from the United States, separation from your family, and perhaps even death in your country of origin.  The seriousness of immigration issues is why Geygan and Geygan, Ltd. represent people like you and your loved ones.

The cost of failure

You need an immigration attorney because of the seriousness of the immigration process as mentioned immediately above:  If you lose your case, the penalty is great:  banishment from the United States, separation from your family, and perhaps even death in your country of origin. 

 Extensive misinformation

Websites for immigration consultants and for governmental agencies themselves are often plagued with misinformation or a lack of thorough information.

Governmental agencies are enforcement agencies.  They are trying to keep people like you and your family out of the United States, not help them get in.

Workers are not adequately trained in immigration law and its ongoing developments.

Your case is different from any other person’s case and workers do not have the ability to distinguish the facts necessary to help you.

Workers are not held liable for giving misinformation.  There is no incentive to help you or to provide accurate up to date information.

What an immigration lawyer does

The immigration lawyer, legally and ethically, represents your best interests throughout the immigration process.

Your lawyer will:

·         Offer you an initial consultation and case analysis

·         Explain your legal options

·         Keep all of your personal information private

·         Prepare your case

·         Take care of all of the paperwork so you don’t have to

·         Attend all meetings with you

·         Represent you in court

·         Explain to the government how you meet the immigration requirements

·         Represent you if problems arise and file any necessary appeals

Your right to an attorney

You have the right to be represented by an attorney in all immigration proceedings.  However, the government does not pay for your attorney.  In other words, while you have a right to an attorney, you must pay for attorney services. 

When you call Geygan and Geygan, Ltd., your initial consultation is free. 

Where to get help

At Geygan and Geygan, Ltd., we help people just like you every day.  We understand the legal system and will represent you throughout the immigration process and before the immigration court.  You can reach us at 513-793-6555 or Thomasjr@geygan.com

Immigration is a very specialized area of law; so, be sure your attorney focuses his practice on immigration and protecting your legal rights.  We focus our practice on immigration law and you can reach us at 513-793-6555 or Thomasjr@geygan.com.  We will gently walk you through your immigration issues, represent you in immigration court, and aggressively fight for your legal rights.

 

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Filed Under: Adoption, Asylum, Citizenship, Deportation & Removal, Employment, Employment Visas, Family based Immigration, Family Member, Family Visas, Green Card, Green Card, Green Card, Immigration, Immigration Court, Investor Visas, Naturalization, Treaty Investors, Waiver

What are My Rights in an Immigration Interview?

March 3, 2011 By

  What are My Rights in an Immigration Interview?

 

An immigration interview with an official from the U.S. Citizenship and Immigration Service is usually part of the immigration process.  The immigration interview’s purpose is to determine whether your basis for immigration (such as your marriage, family reunification, asylum, or professional employment) is valid.  You must show that your legal basis for immigration is “real” and not just for the purposes of immigration.

When you’ll need an immigration interview

You will likely be required to submit to an immigration interview if you are seeking permanent residency in the United States based upon:

·         Professional job

·         Marriage to a U.S. citizen

·         Family reunification

·         Political asylum or refugee status

Right to an attorney

You have a right to have an attorney present with you during your immigration interview.  At Geygan and Geygan, Ltd., we help people just like you every day.  We understand the immigration legal system and will represent you in your immigration interview.  You can reach us at 513-793-6555 or Thomasjr@geygan.com.

Please note that you must answer the interview questions yourself.  We cannot answer interview questions for you.  The benefit of having an attorney present is that he can better represent you in any follow up matters and ensure the interview itself is proper.

Right to not sign

Sometimes during an immigration interview, the interviewer presents papers that state that your marriage or other basis for immigration is a fraud.  Do NOT sign anything.  You have a right not to sign any papers until reviewed by your attorney. 

Immigration law

The Immigration and Nationality Act authorizes grounds for immigration.

All immigration matters are under the jurisdiction of the U.S. Citizenship and Immigration Service (USCIS.)  The USCIS is an agency under the Department of Homeland Security.

Immigration Interview Tips

·         Have your attorney present

·         Arrive early

·         Dress professionally

·         Do not comment to or about others present (you may be taped)

·         Remain calm

·         Answer the questions to the best of your ability

·         If you do not know an answer, say you don’t know

·         Never lie

Where to get help

At Geygan and Geygan, Ltd., we help people just like you every day.  We understand the legal system and will represent you in your immigration interview.  You can reach us at 513-793-6555 or Thomasjr@geygan.com

Immigration is a very specialized area of law; so, be sure your attorney focuses his practice on immigration and protecting your legal rights.  We focus our practice on immigration law and help people just like you.   You can reach us at 513-793-6555 or Thomasjr@geygan.com.  We will gently walk you through your immigration issues, represent you in your immigration interview, and aggressively fight for your legal rights.

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Filed Under: Adoption, Citizenship, Employment, Employment Visas, Family based Immigration, Family Member, Family Visas, Green Card, Green Card, Green Card, Immigration, Investor Visas, Naturalization, Treaty Investors
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