posted on December 3, 2015 by

Immigration and Holiday Traditions

With the arrival of the holiday season, many people are gathering with family and friends to celebrate the holidays. One thing about living in the United States – there is no one single way to celebrate a holiday. Many families integrate different customs that have roots in their native countries as they celebrate the holidays. Since the pilgrims first arrived and countless others emigrated to this country from around the world, there has always been a connection between immigration and holiday traditions.

Origins of Thanksgiving

To celebrate their first successful corn harvest, the Pilgrims held a feast to celebrate with their Native American friends. This feast became known as the first Thanksgiving in America. However, the origin of celebrating a successful harvest has roots in ancient civilizations, such as those of the Romans, Greeks, and Egyptians who often paid tribute to their deities. The concept of Thanksgiving also bears a striking resemblance to the Jewish harvest festival known as Sukkot.

Origins of Christmas TraditionsImmigration

Up until the 19th century, Christmas was not really celebrated in the United States because the holiday had been outlawed by the pilgrims. However, the holiday’s popularity grew with an influx of German immigrants during the 1800s. While Christmas is known as a Christian holiday, many of the customs celebrated today come from pagan roots that originated in Germany. The holiday was originally intended to celebrate the winter solstice. Customs such as Christmas trees, caroling, exchanging gifts, gingerbread houses and good old Saint Nick are a result of German influence.

When it comes to family immigration, contact the Atlanta immigration law offices of Brownstein & Nguyen for assistance. While celebrating the holidays this year, think about how immigration and holiday traditions have an impact on how you celebrate. It is a great way to honor your heritage.

Filed Under: All Postings, General News, Immigration, Immigration Law
posted on October 9, 2015 by

Employment Visas and EB-5 Updates

Thousands of foreign workers employed in various occupations are welcomed into the United States every year. All of these workers – artists, researchers, information technology specialists, religious workers, scientists and others from numerous occupations – must obtain permission to work in the U.S. by obtaining an employment visa.

Temporary (Non-immigrant) Worker Visa

This visa is for an individual asking to enter the United States on a temporary basis for a specific purpose. Applicants are restricted to the activities and purpose(s) they listed in their visa request.

Permanent (Immigrant) Worker Visa

This visa is for an individual who has been authorized to live and work permanently in the United States.

Students and Exchange Visitors Visas

Students and exchange visitors are allowed to work in the United States under specified circumstances.

Temporary Visitors for Business

To enter the United States for business purposes requires a visa as a temporary visitor for business (B-1 Visa).

EB-5 Immigrant Investor Program

Under the EB-5 Immigrant Investor Program administered by the USCIS,  entrepreneurs, their spouse and unmarried children under the age of 21 can apply for a green card to gain permanent residence if: they make the necessary investment in a commercial enterprise and plan to create ten permanent full time jobs for United States workers.

Employment Visa AtlantaThis program was created by Congress in 1990 as a means to stimulate the U.S. economy. The dual goals were to create jobs and increase capital investment by foreign investors.

Association to Invest in USA (IIUSA) reports this program has brought many investments from Great Britain, Canada and South Korea, with the most investments in recent years coming from China. Since it was created, the EB-5 Visa Program has brought 6.8 billion dollars into the U.S. and has issued more than 29,000 visas.

Small Business and EB-5 Investment Visas

For a small business to attract an EB-5 investment, the business needs a project set up to raise funds, be financially viable and marketable, and prove there will be a creation of jobs and have a clear exit strategy to return funds to investors. Small business owners have tough competition in this market from ventures promoting larger projects, such as multi-million dollar real estate developments. Foreign investors have been drawn to larger-scale and higher profile investments.

The EB-5 process takes a lot of time, patience and expertise. Experts advise businesses interested to get in touch with the USCIS EB-5 Regional Center in their area as they can help ensure a proposed project fits the parameters of the program. Experts also advise being careful and as complete as you can when filing.

Reforms are being made to the EB-5 Regional Center Program, in large part to address abuses by some promoters. Industry stakeholders should take this opportunity to present their thoughts on how reforms can be implemented in a way that both supports job creation and foreign investment efforts. Congress recently passed a temporary extension of the program through December 2015.

In 2014, President Obama took action concerning immigrants entering our country illegally to find employment. He has announced three steps to gain control of those illegally entering our country for employment:

  • Grant additional resources to border patrols to stem the flow.
  • Make it easier for highly skilled immigrants to stay and contribute to the economy.
  • Proposed measures to address the millions of undocumented immigrants already in the country.

Opponents of the President’s reforms subsequently went to court to block many of them, and were successful doing so. The U.S. immigration system remains in need of change today.

Today, applying for one of the many types of employment visas is an important avenue for those who wish to enter the United States legally for employment reasons.

The Atlanta immigration offices of Brownstein & Nguyen offer experienced and qualified help with employment visas, investment visas, and other immigration questions and assistance. Contact our Georgia immigration law offices today.

Filed Under: Business Law, Immigration, Immigration Law, Immigration Reform
posted on September 11, 2015 by

Studying in the United States

At Brownstein & Nguyen, we assist families and individuals pursuing their dreams by meeting their various immigration law needs. In some cases this may mean working with clients to obtain work visas, and in other cases it may mean assisting them in obtaining student visas.

Student Visa Facts

When it comes to entering the United States as a student, there are two types of student visas that may be obtained. The F-1 student visa is for those wishing to pursue academic study, while the M-1 vocational student visa is for those wishing to pursue vocational or recreational study.

Visa Renewal and Terms

Visa Limits

Each year, about 500,000 individuals take advantage of the opportunity to study in the United States with an F-1 student visa. There is no limit to the number of F-1 visas that may be issued each year. It is important to keep in mind that applying and being accepted into an academic program of study makes the process of obtaining an F-1 student visa easier.

Similarly, for individuals wishing to take on vocational or recreational studies there is no limit to the number of M-1 vocational student visas issued each year. However, it is recommended that acceptance into a vocational program or institution is obtained prior to pursuing an M-1 vocational student visa.

Navigating the requirements and legal process involved in gaining a student visa can be difficult at times. Experienced Atlanta immigration attorney Tien Nguyen is familiar with the law and procedures, and confidently assists those wishing to pursue an academic course of study or vocational course of study in the United States. If you or a loved one are in need of assistance in obtaining an M-1 vocational student visa or an F-1 student visa, do not hesitate to reach out to the Atlanta immigration law offices of Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law
posted on July 31, 2015 by

How Does the SCOTUS Ruling Impact Immigration Law?

Tattoo_withchildThe SCOTUS ruling marked a historic achievement for equality and same-sex marriage unions. The Supreme Court ruled that same-sex couples should have the same rights as their heterosexual counterparts. This decision applies to all Americans, which means that legal immigrants are also entitled to enjoy the benefits of the ruling.

Under the ruling, same-sex couples’ visa applications should now be handled like comparable heterosexual applicant proceedings. With this new ruling, American citizens can now sponsor their international same-gender partners. The Citizenship and Immigration Services Department can now legally recognize all couples, no matter their sexual orientation. The only limitation is in cases where the individuals involved are unregistered. CIS states that the restriction is eliminated when individuals involved get married and adjust their status. The only recognized marriage is to a legal citizen.

Under US 2013 rules, a citizen can sponsor their same gender foreign spouse with an immigration visa. Green cards are awarded to individuals legally married to American citizens. Visa applications are now blind to sexual orientation, and the SCOTUS ruling opened an opportunity for same-sex couples to apply for citizenship. Spouses will also benefit from green card lotteries and their partners can gain permanent residence status.

The SCOTUS ruling has resulted in several updates in the immigration law that will directly affect homosexual couples who have previously been prevented from applying for visas or green cards. For legal advice on how the SCOTUS ruling might impact your visa or green card application, contact us at Brownstein & Nguyen today.

Img via Wikipedia Commons

Filed Under: All Postings, Immigration
posted on June 19, 2015 by

Executive Action Updates

Executive Action on Immigration

The future looked bright for more than 4 million immigrants and their families when President Obama issued his executive action on immigration in late 2014.Immigration

The action was designed to help immigrant children and their parents who had been in the country for several years without violating laws.

Unfortunately, those opposing the President’s executive immigration action sought and obtained an injunction in federal court putting it on hold.

In May, an appellate court upheld the injunction which means the executive action is indefinitely stalled. President Obama has vowed to continue to work on immigration reform.

To read more about the executive action, visit the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/immigrationaction.

Immigration Laws Are Complex

If you have had any dealings with United States’s immigration laws, you understand there are few areas of US law more difficult to understand and successfully navigate. The rules are extensive and subject to a variety of interpretations that depend on the facts and circumstances of each case, as well as the immigration officer, government officials and administrative judge handling each case.

Because immigration laws are so complex, you need an experienced immigration lawyer who understands the complexities and subtle nuances of the law and how to effectively advocate for you.

Safeguard your right to stay in the United States or your ability to bring your family to the United States by working with the immigration law firm of Brownstein and Nguyen of Atlanta.

Experienced Immigration Attorneys

Brownstein and Nguyen will fight to ensure you are able to stay and work in the United States. For over 20 years, we have successfully handled immigration cases in Georgia and throughout the United States. Brownstein and Nguyen has helped thousands of clients desiring to enter, reside and stay in the United States.

Trust us with your immigration needs

We can help you with any of these immigration issues:

– Visas (Fiancee, Spouses, Minor Children)
– Family Immigration (Green Cards)
– Employment/Investor Visas
– Citizenship/Naturalization
– Asylum
– Removal/Deportation
– Immigration from Vietnam

Call us today for a consultation, or fill out the simple contact form at the right. We look forward to helping you.

Filed Under: All Postings, Featured, General News, Immigration, Immigration Law, Immigration Reform
posted on May 8, 2015 by

Employment Visa Sponsorship

The H1B employment visa system is very important for skilled workers. This immigrant visa classification allows a non-U.S. citizen to work in the United States on a temporary basis. Employers wanting to hire highly skilled workers in engineering, computer programming, and other science fields from outside the United States often apply for an H1B visa on behalf of prospective employees. This visa category also applies to workers with non-scientific specialized knowledge and skills.

Spouse Visa AtlantaRequirements of an H1B Visa

There are several requirements identified by the United States Citizenship and Immigration Services (USCIS) agency in order for an H1B employment visa to be obtained. These requirements include a bachelor’s degree (or higher) that is equivalent to the minumum requirements for a specific job, and a Labor Condition Application (LCA) must be provided by the employer.

Application Process for an H1B Visa

The application process for an H1B visa is quite extensive. For quality assurance and assistance through the process, a qualified immigration lawyer is often quite helpful in assisting both the employer and employee. Atlanta immigration attorneys Brownstein & Nguyen have over 25 years of experience representing clients in immigration and visa cases.

Spouses of H1B Visa Holders

Previously, spouses and minor children of an H1B employee were permitted to live in and study in the United States with an H-4 status, but they were not able to work. A recent change will allow some spouses of H1B visas to now seek employment. For further information, clarification, and assistance in obtaining an H1B visa or the changes associated with H-4 work status for spouses of H1B visa holders, contact the law offices of Brownstein & Nguyen in Atlanta by clicking here or by filling out the contact form in the right hand column.

Filed Under: All Postings, Featured, General News, Immigration
posted on March 28, 2015 by

Asylum and the Waiting Game

The Wasthington Post shared that Vive La Casa, a temporary shelter for those seeking asylum, was on the verge of closing its doors as it struggled with debt. Fortunately, a local community health center was able to step in and take over services at the converted schoolhouse in Buffalo, NY with the help of a generous grant. While this may not mean much in the day to day life of average citizens, the services and shelter provided mean the world to immigrants seeking asylum or refugee status in Canada and the United States.

Asylum

The shelter acts as a temporary holding place for visitors from Ethiopia, Pakistan, Sri Lanka, Haiti, and other places who pass through the doors and hope for the chance of a better life. They may wait anywhere from a few days to a few weeks while paperwork is processed in their asylum case. Each morning Shelly Schratz, acting director of the shelter, knows the air is heavy with anticipation as those waiting look upon a list and eagerly search for their names.

That list, containing two-10 names, is scrutinized by all temporary residents in the shelter as they wait to see if it will be their day. They know that a name appearing on the list means they are one step closer to their road to freedom.

Of the morning ritual, Schratz shares, “I remember when I was in high school and I tried out for a play and I remember running to see if I had made the list, or the athletes running to see if they made the football team,” she said, “and I think to myself, oh my God, we take life for granted. There’s these people here and all they want is their name on that list, because it’s their life,” she said. “That list means, ‘we have a chance at our life.’”

While the Washington Post article concerns Vive La Casa in Buffalo, NY, the road to freedom is never easy one when seeking asylum anywhere in the United States. If you are in the Atlanta area and are waiting for your journey to begin, or have already started the process of seeking asylum, we encourage you to take the next step. Often, that next step involves having legal expertise and support on your side. Contact the immigration law offices of Brownstein & Nguyen for legal assistance with asylum and refugee situations.

Filed Under: All Postings, General News, Immigration, Immigration Law
posted on March 13, 2015 by

Employment and Investment Visas

The White House has been working on immigration initiatives, including the DACA program enacted in 2012, since President Obama was first elected in 2008. The DACA program, or Deferred Action for Childhood Arrivals, has already helped countless individuals who came to the United States as minors remain united with their families. The latest expansion of DACA, currently on hold pending a court challenge, will have an impact on potentially millions of immigrants looking to make a better life in America. Thousands of other hopeful immigrants seek to bring their valuable talents and human resources to our country through viable work visas or green cards.

Employment Visas

Work VisasMark Zuckerberg and other tech titans appear have keen interest in different aspects of immigration policy as it applies to work visas. These influential business leaders are people to pay attention to because they are leading the charge to open up the number of employment visas for skilled workers to come to the United States. Zuckerberg and others founded a political action committee in support of immigration, and have been supportive of President Obama’s recent executive order pushing new immigration guidelines.

Opposition

There are opponents to the expansion of employment visas, including some legislators who have also voiced harsh criticisms of President Obama’s executive actions. For example, Sen. Charles Grassley (R-IA) has expressed concern over the number of work visas carved out for the nation of Ireland within a recent Senate bill, particularly when it comes to “lower skilled” workers. There are provisions within immigration reform legislation that limits the number of work visas within a particular city, if unemployment within the community hits 8.5% or higher. Provisions protecting the unemployed that were put in place by the Border Security, Economic Opportunity and Immigration Modernization Act of 2013 appear to conflict with President Obama’s executive order in many ways.

Evaluations

A number of evaluations have been performed concerning how DACA might impact the fiscal picture of the United States. There are those who believe that millions of jobs will be created once 8 million immigrants ultimately receive legal status. The immigration issue and President Obama’s executive orders will clearly have an impact on the direction and future of our country, and the debates will likely continue for many years to come.

Contact the Atlanta immigration offices of Brownstein & Nguyen for expert help with employment visas and investment visas and other immigration questions and assistance.

Filed Under: All Postings, Immigration, Immigration Law, Immigration Reform
posted on February 27, 2015 by

3 Things to Know About Asylum

Asylum can be claimed by an individual arriving in the United States who seeks refuge from their home country and fears for their life if they return home. Asylum isn’t an easy case to file or prove. The petitioner must present evidence to an immigration court of actual persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Here are three basic things to know about asylum if one is considering pursuing this option.

When to apply

Typically asylum can be applied for upon entry to the U.S. and for period of up to one year after arrival in the country. In certain cases involving changes in one’s home country, such as a political revolution or military coup against the government or extremist violence against religious or ethnic groups, individuals may file for asylum even if they have been in the U.S. longer than a year. In addition, one may be allowed to file after a year if extraordinary circumstances such as an illness or medical problem prevented an earlier filing. Even if a person entered the U.S. unlawfully, they may still file for asylum if the conditions are satisfied.

Passports and Visas Atlanta

Complete correct form

It is essential that the correct form be filled out. CIS Form I-589, which requires no filing fee, must be properly and completely filled out by the petitioner or her attorney and timely submitted to the correct government office. It can take up to 180 days for the application to be received and processed by Homeland Security, after which the applicant is scheduled for an interview with an asylum officer or immigration judge depending on the specific situation. An immigration judge will interview an individual who is already in removal proceedings. If one is not in removal proceedings, however, the interview should be granted with an  immigration officer.

What to do if denied

If an application for asylum is denied by the judge or immigration officer, then an appeal with the Board of Immigration Appeals may be filed within the appeal period. Reapplication may also be permitted if there are changes in one’s circumstances since the time of original filing.

Regardless of the situation, and whether or not this is the first attempt at filing for asylum, it is helpful to have experts on your side. Atlanta immigration attorneys Brownstein & Nguyen have decades of experience helping clients in the metro Atlanta area and nationwide with their immigration needs, including asylum petitions. Contact us today with any questions you might have regarding the process and your rights.

Filed Under: All Postings, Immigration, Immigration Law
posted on February 17, 2015 by

Citizenship and Naturalization for Children

The procedures to apply for US citizenship or naturalization of minor children have changes, after recent Obama administration updates to our immigration laws.  Visitors of the US who have indicated that they are US citizens but are not will be granted immunity from prosecution regarding this.  Another change in our laws affects children of undocumented immigrants, who can now apply for a type of “blue card.”  These newer laws will allow undocumented immigrants to remain in the US and work, but they must pay taxes and contribute to the Social Security system.  Their children can remain within the country, and therefore families will be able to remain together. Chicago Immigration Protest May 1, 2006 Flickr – Photo Sharing!

138556236_e95a080235_zNew Laws About Visas, Green Cards, US Citizenship and Naturalization

Visas are required for those US visitors who wish to remain in the country to live or work.  An application for a visa can be completed online or in a local government immigration office.  The purpose of one’s stay will determine which type of visa application to use.  Allowed reasons for living or working within the US include the following:

  • Family sponsored visas for immediate relatives of US citizens to come live with their family members in the United States.
  • Application for a student visa through the US Department of Homeland Security, if one plans to attend college here.
  • Temporary workers need an employer-sponsored visa.
  • Medical treatment within the US requires a special medical-purpose visa.
  • Tourists from certain countries require a tourist visa application to be completed.  Certain countries that are a part of a visa waiver program.

Naturalization procedures have also changed for children of immigrants and for children born to illegal aliens within the US.  Requirements have been revised allowing minor children an opportunity to apply for certain types of citizenship, including citizenship through a derivation process or acquisition process.

Naturalization for minor children under the age of eighteen can be granted if a parent is a US citizen.  The process of gaining US citizenship at the time of birth through a parent is called acquisition.  Naturalized rules for adults include passing a citizenship test and filing a standard application.

Contact the immigration law offices of Atlanta attorneys Brownstein & Nguyen for any further questions or details regarding the citizenship and naturalization of a minor.

Image via Flickr

Filed Under: All Postings, Immigration, Immigration Reform
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