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Immigration Guideline

Uplifting Victims of Crime and Human Trafficking through U Visa and T Visa in the Immigration Framework

Uplifting Victims of Crime and Human Trafficking through U Visa and T Visa in the Immigration Framework

Introduction In a world where global migration is on the rise, vulnerable populations, including victims of criminal activity and human trafficking, face unique challenges in the immigration system. Recognizing the need to protect and support these individuals, the United States government has established special visas—the U visa and T visa—to bridge the gap and provide a pathway to safety and justice. As a federal, state, local, tribal or territorial law enforcement officer, prosecutor, judge, or other government official, USCIS plays an important role in the application process for U nonimmigrant status (also known as a U visa) for victims of certain crimes and T nonimmigrant status (also known as a T visa) for victims of human trafficking. Background Reason for Introducing U Visa and T Visa The Victims of Trafficking and Violence Prevention Act (VTVPA) of 2000 was enacted to strengthen the ability of law enforcement agencies to investigate and prosecute serious crimes and trafficking in persons, while offering protections to victims of such crimes without the immediate risk of being removed from the country. U and T visas not only help protect victims of crime, but are also key tools for you in your work. Lack of legal immigration status in the United States may be among the reasons for some victims choosing not to come forward to work with law enforcement. Perpetrators and human traffickers also use victims’ lack of legal status as leverage to exploit and control them. By stabilizing their status in the United States, immigration relief can be critical to providing victims of crime a greater sense of security that also makes it easier for them to assist you with your law enforcement and prosecutorial efforts. Understanding the U Visa The U visa, or U nonimmigrant status, was created to assist victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes. This visa not only provides temporary legal status but also allows victims to rebuild their lives in the United States. USCIS may find an individual eligible for a U visa if the victim:  Is the direct or indirect victim of qualifying criminal activity  Has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity Has information about the criminal activity and,  Was helpful, is being helpful, or is likely to be helpful to law enforcement, prosecutors, judges, or other officials in the detection, investigation, prosecution, conviction, or sentencing of the criminal activity.  Additionally, the victim must be admissible to the United States based on a review of his or her criminal history, immigration violations, and other factors. If found inadmissible, an individual may apply for a waiver of inadmissibility for which he or she may be eligible. Key features of the U visa include: Eligibility Criteria: To qualify for a U visa, individuals must be victim of qualifying criminal activity, have suffered substantial physical or mental abuse as a result, and

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Domestic Employee or Nanny - Must Be Accompanying a Foreign National Employer

Domestic Employee or Nanny – Must Be Accompanying a Foreign National Employer (Part – 3)

Read part two here Required Documents The domestic employee must present these documents during their visa interview: Standard U.S. visa application documents – see ‘Required Documents’. The employer’s valid visa or employer’s valid U.S. passport – The original or a copy. Employment contract – Both parties must sign the typed contract. It must show that the employer will provide wages, working conditions, and benefits in accordance with U.S. and local laws. Note: The employee should fully understand and be able to explain the terms of the contract during their visa interview. How to Apply Step 1 Complete the Nonimmigrant Visa Electronic Application (DS-160) form. Step 2 Pay the visa application fee. Step 3 Schedule your appointment on this web page. You will need the following information in order to schedule your appointment: Your passport number The receipt number from your Visa Fee receipt. (Click here if you need help finding this number.) The ten (10) digit barcode number from your DS-160 confirmation page Step 4 Visit the U.S. Embassy on the date and time of your visa interview. You must bring a printed copy of your appointment letter, your DS-160 confirmation page, one photograph taken within the last six months, your current and all old passports, and the original visa fee payment receipt. Applications without all of these items will not be accepted. Fees: Visa Type Description Fee Amount (USD) B Business/Tourist $185 Timeline: A B-1 visa can grant a domestic worker admission into the United States for about 1 year. You can make subsequent extension requests that are typically awarded in 6-month increments. Even with a B-1 visa, domestic workers can only work in the U.S after receiving an EAD (Employment Authorization Document), obtained from the USCIS (the United States Citizenship & Immigration Services). Whether you are applying for a B-1 visa, an EAD, or a B-1 extension, Attorney Raju Mahajan and Associates can lend a hand. Attorney Raju Mahajan and Associates has a comprehensive understanding of the laws in place. We can help you gain admission into the country, obtain the necessary work permits, and even receive continued work authorization in the United States. The secret to enjoying your plans’ smooth flow is to begin each process a few months ahead of time. Read part one here

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Domestic Employee or Nanny - Must Be Accompanying a Foreign National Employer

Domestic Employee or Nanny – Must Be Accompanying a Foreign National Employer (Part – 2)

Read part one here Required Documents: Application Items To apply for a B-1, A-3 or G-5 visa, you must submit the following: A Nonimmigrant Visa Electronic Application (DS-160) Form. Visit the DS-160 web page for more information about the DS-160. A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in your passport, each person desiring a visa must submit an application. One (1) 2″x2″ (5cm x 5cm) photograph taken within the last six months. This web page has information about the required photo format. For B-1 applicants only: A receipt showing payment of your non-refundable nonimmigrant visa application processing fee paid in local currency. This web page has more information about paying this fee. If a visa is issued, there may be an additional visa issuance reciprocity fee, depending on your nationality. The Department of State’s website can help you find out if you must pay a visa issuance reciprocity fee and what the fee amount is. A copy of your employer’s visa or other method they will use to enter the United States (their Visa Waiver country passport or U.S. passport) An employment contract, signed by both you and your employer, which meets all requirements listed above For A-3 and G-5 applicants only: A Note Verbale confirming the employment status of the principal, the date of departure, the purpose of the trip and the length of stay in the United States. The Note Verbale should list the name of the employee and give the employer’s title or official status. It should also specify the date of departure, and the purpose of the trip and length of stay in the United States. A-3 and G-5 applicants are not required to pay application fees. In addition to these items, you must present an interview appointment letter confirming that you booked an appointment through this service.. You may also bring whatever supporting documents you believe support the information provided to the consular officer. Supporting Documents Supporting documents are only one of many factors a consular officer will consider in your interview. Consular officers look at each application individually and consider professional,  social, cultural, and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law. Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. If confidentiality is a concern, you should bring your documents to the U.S. Embassy in a sealed envelope. The U.S. Embassy will not make your information available to anyone and will respect the confidentiality of your information. You should bring the following documents to your interview: Proof of your employer’s ability to pay the promised wage. Note: If you are applying for an A-3 or G-5

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Domestic Employee or Nanny - Must Be Accompanying a Foreign National Employer

Domestic Employee or Nanny – Must Be Accompanying a Foreign National Employer (Part – 1)

Domestic employees applying for visas to accompany, or follow to join, their employer must meet specific criteria. This includes cooks, butlers, chauffeurs, housekeepers, nannies, aretakers, gardeners, and paid companions, among others. Personal or domestic servants who are accompanying or following an employer to the United States may be eligible for B-1 visas. This category of domestic employees includes, but is not limited to, cooks, butlers, chauffeurs, housemaids, valets, footmen, nannies, mothers’ helpers, gardeners, and paid companions. Those accompanying or following to join an employer who is a foreign diplomat or government official may be eligible for an A-3 or G-5 visa, depending upon their employer’s visa status. Eligibility/ Qualifications If you are a domestic employee and wish to apply for a B-1 visa, you must demonstrate that: The purpose of your trip is to enter the United States for work as a domestic employee You plan to remain in the United States for a specific, limited period of time Your employer meets certain qualifications You have evidence of compelling social and economic ties abroad You have a residence outside the United States as well as other binding ties that will ensure you return abroad at the end of your contract. ELIGIBILITY Employers eligible to sponsor a B1 domestic employee include nonimmigrant visa (NIV) holders and U.S. citizens visiting the United States temporarily. Foreign diplomats or officials can sponsor a domestic employee for an official visa (A3 or G5). Lawful permanent residents (green card holders) and U.S. citizens who live in the United States cannot sponsor a B1 domestic employee. See below eligibility requirements: The employer is a nonimmigrant visa (NIV) holder For B1 domestic employee visa eligibility: The employer must have a valid nonimmigrant visa (except visa types C, D, T, or U or an official visa). The domestic employee must have a residence outside of the United States which they have no intent to abandon. The domestic employee must have at least one year of experience as a domestic employee. The domestic employee must have been employed by this employer for at least one year prior to the travel date (if accompanying the employer), or one year prior to the employer’s admission to the United States (if following to join.) or; The employer must have a history of employing domestic help over several years. The employer has an official visa Employers with a valid A, G, or C3 visas may apply for a visa for their domestic employees by following the official visas process. Accompanying a Nonimmigrant Visa Holder If you are a domestic employee and wish to accompany or join an employer who is not a U.S. citizen or legal permanent resident, and who seeks admission to, or who is already in, the United States under a B, E, F, H, I, J, L, M, O, P, Q, or R nonimmigrant visa then you may be eligible for a B-1 visa classification, provided: You have at least one year’s experience as a personal or domestic employee as attested

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USCIS Increases Form I-907 (Premium Processing Service) Fees

USCIS Increases Form I-907 (Premium Processing Service) Fees

The U.S. Citizenship and Immigration Services (USCIS) has increased the fees for Form I-907, Request for Premium Processing Service, effective from February 26, 2024. This government agency announced a final rule on December 28, 2023, that it would increase the filing fees for Form I-907, Request for Premium Processing, to adjust for inflation, effective February 26, 2024. After leaving these fees unchanged for the three years following the passage of the USCIS Stabilization Act, the Department of Homeland Security (DHS) is now increasing the premium processing fees for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index (CPI) for All Urban Consumers. These adjustments increase certain available premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805. Generally, the DHS authority adjusts the premium processing fees biennially. The DHS will utilize the revenue generated by the premium processing fee increase for several purposes: providing premium processing services, enhancing adjudication processes, addressing adjudication demands (such as reducing backlogs in benefit request processing), and funding USCIS adjudication and naturalization services. If any Form I-907 postmarked on or after February 26, 2024, is filed with an incorrect or previous filing fee, the USCIS will reject the Form I-907 and return the filing fee. For applications sent via commercial services such as UPS, FedEx, or DHL, please note that the postmark date will be the date specified on the courier receipt. Therefore, you must be careful when sending your packages to ensure they include the updated fees. For a detailed breakdown of the fee increase, please see the table below. The following table outlines the adjusted fees for Form I-907 for different forms: Form Previous Fee New Fee Form I-129, Petition for a Nonimmigrant Worker $1,500 (H-2B or R-1 nonimmigrant status)   $2,500 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2)) $1,685 (H-2B or R-1 nonimmigrant status)   $2,805 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2)) Form I-140, Immigrant Petition for Alien Worker $2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) $2,805 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) Form I-539, Application to Extend/Change Nonimmigrant Status $1,750 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2) $1,965 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2) Form I-765, Application for Employment Authorization $1,500 (Certain F-1 students with categories C03A, C03B, C03C) $1,685 (Certain F-1 students  with categories C03A, C03B, C03C)   This fee adjustment reflects the ongoing efforts of the USCIS to ensure effective and efficient processing of immigration requests and to address the changing needs and demands within the

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B1 B2 Visa for Athlete, Amateyr or Professional competing for prize money only

B1 B2 Visa for Athlete, Amateur or Professional (competing for prize money only) Part – 2

Read part one here Required/ Supporting Documents Supporting documents are only one of many factors a consular officer will consider in your interview. Consular officers look at each application individually and consider professional, social, cultural and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law. Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. The U.S. Embassy or Consulate will not make this information available to anyone and will respect the confidentiality of the information. You should bring the following documents to your interview. Original documents are always preferred over photocopies and you must bring these documents with you to the interview. Ensure that you do not bring any documents in a sealed envelope to the Embassy for your interview. Do not fax, email, or mail any supporting documents to the U.S. Embassy or Consulate. Current proof of income, tax payments, property or business ownership, or assets. Your travel itinerary and/or other explanation about your planned trip. A letter from your employer detailing your position, salary, how long you have been employed, any authorized vacation, and the business purpose, if any, of your U.S. trip. Criminal/court records pertaining to any arrest or conviction anywhere, even if you completed your sentence or were later pardoned. Additionally, based on your purpose of travel, you should consider bringing the following:  Working adults Bring an employment letter from your employer and pay slips from the most recent three months. Previous visitors to the United States If you were previously in the United States, any documents attesting to your immigration or visa status.  Application Items If you apply for a business/tourist visa, you must submit the following: A Nonimmigrant Visa Electronic Application (DS-160) Form. Visit the DS-160 web page for more information about the DS-160. A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in your passport, each person desiring a visa must submit an application and possess their own valid passport. One (1) 2” x 2” (5cm x 5cm) photograph taken within the last six months. This web page has information about the required photo format. A receipt showing payment of your non-refundable nonimmigrant visa application processing fee paid in local currency. This web page has more information about paying this fee. If a visa is issued, there may be an additional visa issuance reciprocity fee, depending on your nationality. The Department of State’s website can help you find out if you must pay a visa issuance reciprocity fee and what the fee amount is. In addition to these items, you must present an interview appointment letter confirming that you booked an appointment through this service. You may also bring

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B1 B2 Visa for Athlete, Amateur or Professional (competing for prize money only)

B1 B2 Visa for Athlete, Amateur or Professional (competing for prize money only) Part – 1

Introduction Money, fame and autograph hunters go hand in hand with top athletes who have practiced their sport all over the world. But they often-times find themselves out of their league when it comes time to apply for a US visa. The key to winning the U.S. immigration game lies in working with a dream team of US visa options for Athletes- the B, H, O, and P visa categories. Here, we present a brief overview of the US visa options for Athletes.  The B-1 Visa for Athletes The B-1 Business Visitor Visa allows for “business-related” travel to the U.S. Generally, an individual is permitted to enter the US as a B-1 Business Visitor if their visit will include business activities that are professional or commercial purposes. Examples include contract negotiations, participation in scientific, educational, professional or business conventions, conferences or seminars or participating in short-term training. A visitor on the B-1 visa is generally permitted to stay in the U.S. for up to six months and may not engage in productive labor or employment in the United States. There are 3 classes of foreign national athletes that can enter the U.S. using the B-1 Visa for athletes—individual professional athletes, athletes or team members who are a part of a foreign based team and amateur hockey player. Individual Professional Athletes who will not receive any salary, except prize money, can come to the US on the B-1 Visa to participate in a sporting event or competition. Athletes or team members of a foreign-based team can come to the US on the B-1 visa provided: the athlete and the team are principally based in a foreign country; the foreign team and players’ income and salaries are principally earned in the foreign country; and the foreign-based sports team is part of an international league or the actual sporting events are international in nature. Amateur Hockey Players may come to the U.S. on the B-1 visa if they are coming to the U.S. for try-outs during the professional season or during playoffs. The hockey player needs to be able to present a “memorandum of agreement” between himself and the National Hockey League. The US team can only play for round-trip airfare, room, board and transportation.  The B-2 Visa for Athletes The B-2 Visitor Visa allows for travel to the U.S. for “pleasure”. Generally, an individual is permitted to enter the US as a B-2 Visitor if their trip will include visiting family, relatives, friends, or acquaintances, or for traveling throughout the United States. A visitor on the B-2 visa is generally permitted to stay in the U.S. for up to six months and may not engage in productive labor or employment in the United States. Amateur athletes are permitted to enter the U.S. on a B-2 visa if they are coming to the U.S. to participate in a competition or for a social or charitable event. Amateur athletes are by definition not members of any of the professions associated with that activity and

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International Cultural Exchange Visitor (Q-1)

International Cultural Exchange Visitor (Q-1)

Introduction The Q1 visa is designed for international cultural exchange visitors in the USA, allowing them to work while sharing their culture and traditions. During their stay, Q1 visa holders participate in practical training programs provided by their US employers, enhancing their skills, learning about US culture, and educating Americans about their own cultural background. This visa program promotes cultural diversity and information exchange between the US and other countries. It’s important not to confuse the Q1 visa with the Q-2 Walsh Program Visas, which are specifically for 4,000 residents of the Republic of Ireland and Northern Ireland, allowing them to spend 36 months in the US for training and work purposes. Q Visa Statute The statute governing Q1 visas can be located in section 101(a)(15)(Q) of the Immigration and Nationality Act (INA). In accordance with this statute, the Q1 visa category is designated for foreign nationals who intend to temporarily stay in the United States, for a duration not exceeding 15 months, as participants in an international cultural exchange program approved by the Secretary of Homeland Security. The program must encompass practical training, employment, and the sharing of the cultural heritage, history, and traditions of the individual’s home country. The law mandates that Q1 nonimmigrants are entitled to the same wages and working conditions as domestic workers. Like many other nonimmigrant categories, Q1 visa applicants must maintain a foreign residence and show no intention of abandoning it, demonstrating a commitment to nonimmigrant status. Q Visa Regulations The regulations regarding Q visas are found in 8 C.F.R. 214.2(q). These regulations constitute the rules regarding the Q1 visa program based on the statute found in section 101(a)(15)(Q) of the INA. Dual Purpose of Form I-129 in Q1 Petitions When filing the Form I-129, Petition for a Nonimmigrant Worker, the employer must demonstrate both that it maintains an international cultural exchange program that qualifies for Q1 purposes, and that the petition beneficiary is eligible for Q1 status. Under 8 C.F.R. 214.2(q)(3)(i), the United States Citizenship and Immigration Services (USCIS) will only consider the beneficiary’s eligibility for Q1 status if the international cultural exchange program is approved. Requirements The Q1 visa has requirements and eligibility criteria for both the participant in the exchange program and their sponsor or employer. If both you and your sponsor meet these conditions, then you can apply for the Q1 visa. To be eligible as a participant for the Q1 visa, you must fulfill these criteria: Be at least 18 years old. Be knowledgeable and skilled enough to be able to communicate the cultural aspects of your home country. Demonstrate that after you complete your Q1 program, you will return to your home country. As for the sponsor or employer of the Q1 visa holder, they must meet these conditions: Be a registered business in the US Have an international cultural exchange program in their business. Employ international cultural exchange participants to share their culture. Has a person who acts as a liaison between the business and USCIS.

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The Importance of Obtaining a FEIN for Your Business

The Importance of Obtaining a FEIN for Your Business

The Federal Employer Identification Number (FEIN), also known as the Employer Identification Number (EIN) or Federal Tax Identification Number, is a unique nine-digit identifier assigned by the Internal Revenue Service (IRS) to businesses operating in the United States for tax-related purposes.  This number, sometimes referred to as the Business Tax ID, Business Taxpayer ID, or Federal Business Tax ID, is essential for tax filings, completing various tax-related documentation, shifting a business to another state, and enabling the easier operation of a business in numerous aspects. Interchangeability and Exception of the Terminologies It’s important to note that while FEIN and EIN are interchangeable terms, the exception lies in using “EIN” to denote a state tax identification number in some instances. Some states (e.g. California) mandate a separate state tax ID number to pay state-specific taxes, while others utilize the Federal Tax ID number for taxation purposes. In short – an FEIN is synonymous with an EIN except when the abbreviation EIN is utilized to denote a state tax identification number. Do You Need a FEIN? According to Publication 1635 (Rev. 2-2014), Catalog Number 14332x of the IRS, different business structures, such as corporations, partnerships, estates/trusts, LLCs, and employee plans/exempt organizations, typically require a FEIN for taxation purposes.  Changes in structure like incorporating, shifting from single to multi-membership, or altering tax classifications often necessitate a new FEIN. However, for some alterations like name or location changes without fundamental structural shifts, acquiring a new FEIN might not be mandatory. Sole proprietorships usually don’t require a separate FEIN unless they change to a partnership, while corporations and partnerships commonly need an FEIN. Trusts undergoing transitions, such as from revocable to irrevocable, might require an FEIN change. Entities offering employee benefits or functioning as tax-exempt often require an FEIN, subject to specific regulations. Overall, alterations impacting the core structure typically trigger the need for a new FEIN, while nominal changes might not mandate it. Legal Importance of Obtaining FEIN As per IRS provisions, obtaining a Federal Employer Identification Number (FEIN) is mandatory under specific circumstances. If an entity has employees, operates as a corporation or partnership, or files tax returns such as Employment, Excise, or Alcohol, Tobacco, and Firearms, it is required to have an FEIN. Additionally, if taxes other than wages are withheld for non-resident aliens, if the entity is involved with a Keogh plan, or associated with various organizations like trusts (excluding certain grantor-owned revocable trusts), IRAs, Exempt Organization Business Income Tax Returns, estates, real estate mortgage investment conduits, non-profit organizations, farmers’ cooperatives, or plan administrators, a FEIN is necessary. Failure to obtain an FEIN, despite falling under these categories, exposes the entity to potential tax penalties and non-compliance issues with IRS regulations. Therefore, having an FEIN is crucial for proper tax reporting and compliance with IRS requirements. In other words, an FEIN legally entitles you to:  Hire employees, Operate your business as a corporation or a partnership, File any of these tax returns: Employment, Excise, or Alcohol, Tobacco and Firearms, Withhold taxes on

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Visas for Diplomats and Foreign Government Officials

Visas for Diplomats and Foreign Government Officials

Diplomats and other foreign government officials traveling to the United States to engage solely in official duties or activities on behalf of their national government must obtain A-1 or A-2 visas prior to entering the United States. They cannot travel using visitor visas or under the Visa Waiver Program. With the exception of a Head of State or Government — who qualifies for an A visa regardless of the purpose of travel — your position within your country’s government and your purpose of travel determines whether you need an A-1 or A-2 visa. Immediate family members of diplomats and government officials receive A-1 or A-2 visas, with few exceptions. Personal employees, attendants, or domestic workers for diplomats and government officials (holding a valid A-1 or A-2 visa) may be issued A-3 visas. In short there are three types of A visa. These are A-1, A-2, A-3. Person eligible for A-1 Visa: Head of State or Government, regardless of the purpose of travel Official coming to serve at a foreign embassy or consulate in the United States, such as an ambassador or consul Government minister or cabinet member coming for official activities European Union (EU) and African Union (AU) delegation representatives Immediate family members of an A-1 visa holder Person eligible for A-2 Visa: Full-time employee assigned by that government, coming only to work at a foreign embassy or consulate in the United States, to perform duties which take place at an embassy Government official representing your government, coming to the United States based on written request of your country to perform official, government-related duties for not more than 90 days Foreign military members stationed at a U.S. military base or assigned to a foreign embassy or consulate in the United States Staff of European (EU) and African Union (AU) delegation representatives Immediate family members of an A-2 visa holder Government officials coming to perform non-official or non-governmental functions of a commercial nature, or traveling as tourists, must apply for the appropriate visa category for the specific travel purpose, such as a B-2 visa for tourism. (Note: A Head of State or Government must travel on an A-1 visa regardless of the purpose of travel.) Local government officials representing their state, province, borough, or other local political entity require visitor (B) visas. Required Documents Passport Nonimmigrant Visa Application, Form DS-160 confirmation page Photo A diplomatic note – This note is written confirmation from your country’s government of your status and official purpose of travel. A-3 applicants also require diplomatic notes to confirm the official status of their employers. Beginning July 1, 2014, the sending government must provide the following information in the diplomatic note submitted with any A-1 or A-2 visa application outside the United States, and for any request for a change into such visa status in the United States: the government official’s or employee’s name, date of birth, position and title, place of assignment or visit, purpose of travel, a brief description of his or her duties, travel date,

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Navigating Policy Shifts A Legal Analysis of Recent Changes in US Asylum Law

Navigating Policy Shifts: A Legal Analysis of Recent Changes in US Asylum Law

The US asylum system has undergone significant changes in the past few years,  affecting the rights and prospects of thousands of migrants seeking protection from persecution and violence in their home countries. This blog post will provide a brief overview of the legal framework and recent developments in US asylum law, as well as some implications and challenges for asylum seekers and attorneys.  What is asylum and how does it work in the US?  Asylum is a form of humanitarian protection granted to individuals who meet the definition of a refugee under international and US law. A refugee is someone who is unable or unwilling to return to their country of origin because of a well-founded fear of persecution on account of their race, religion, nationality, political opinion, or membership in a particular social group.1  There are three ways of obtaining asylum in the US: the affirmative process, the asylum merits interview with USCIS after a positive credible fear determination, and the defensive process. The affirmative process applies to individuals who are not in removal proceedings before an immigration judge and who submit an asylum application to USCIS within one year of their arrival in the US (unless they qualify for an exception). They appear before a USCIS asylum officer for a non-adversarial interview and receive a decision on their claim. If their claim is denied, they may be referred to immigration court for removal proceedings, where they can renew their asylum claim before an immigration judge.  The asylum merits interview with USCIS after a positive credible fear determination applies to individuals who are subject to expedited removal and who express a fear of returning to their country of origin to a CBP or ICE officer.  They are screened by a USCIS asylum officer to determine if they have a credible fear of persecution or torture, which is a significant possibility of establishing eligibility for asylum or other forms of relief. If they pass the screening, they are placed in regular removal proceedings before an immigration judge, but they may also request an asylum merits interview with a USCIS asylum officer, who can grant or deny their claim. If their claim is denied, they can appeal to the immigration judge.  The defensive process applies to individuals who are in removal proceedings before an immigration judge, either because they were placed there by USCIS  after a negative decision on their affirmative asylum claim, by ICE or CBP for immigration violations, or because they were subject to expedited removal,  found to have a credible fear of persecution or torture, and issued a notice to appear. They must submit an asylum application to the immigration judge and present their case in an adversarial hearing, where they face cross-examination by a government attorney and a decision by the judge. If their claim is denied,  they can appeal to the Board of Immigration Appeals and, if necessary, to a  federal court.  What are the recent changes in US asylum law and policy?  The US asylum

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US Immediate Relative Visas- Intercountry Adoption of Orphan Children by U.S. Citizens (IR3/ IH3, IR4/IH4, IR2/CR2, IR5)

US Immediate Relative Visas- Intercountry Adoption of Orphan Children by U.S. Citizens (IR3/ IH3, IR4/IH4, IR2/CR2, IR5) – Part: 2

Read part one here IR-5 visa The IR5 Visa is a Family Based Green Card that is designed for parents of U.S citizens who are at least 21-years-old. The requirements for the IR-5 visa are: The US citizen must prove a relationship to their parent with a valid birth certificate; The US citizen’s parent must be living in a foreign country; The US citizen must be at least 21 years old; The US citizen must be financially stable to support the parent until they find a job; The US citizen must have a valid US address. Application Process Since these visas are quite different, they also have different application procedures. Despite the differences, they all start from the petition of the US citizen. The applicant in the foreign country cannot start applying on their own. Based on the five types of visas, there are two more similar application procedures. The process for IR-1, IR-2, and IR-5 visas is similar and the process for IR-3 and IR-4 visas is similar. Process For Ir-1, Ir-2 Step 1: File the Petition; U.S. citizen submits Form I-130 (Petition for Alien Relatives) to USCIS for their family member (spouse, child, or parent).USCIS processes the application and forwards it to the National Visa Center (NVC), which assigns a case number and sends instructions to the applicant. Step 2: File Form DS-260; The applicant (spouse, child, or parent) completes Form DS-260 online, the official immigrant visa application form. Minor applicants may receive assistance, and the applicant gets a confirmation page. Step 3: Complete Medical Exam and Vaccination; The applicant follows NVC instructions for mandatory medical exams and vaccinations, typically conducted by a licensed doctor or hospital. Step 4: Compile Supporting Documents; The applicant submits supporting documents to meet visa requirements, including a valid passport, Form I-864 (Affidavit of Support), Form DS-260 confirmation page, medical records, photographs, court records, and other relevant documents. Step 5: Attend the Interview; The U.S. Embassy invites the applicant for an interview, during which they inquire about the application and background, ultimately determining whether to grant the visa. Step 6: Receive NVC Packet and Travel to the U.S.’ If the visa is approved, the applicant receives another package from the NVC, which they should not open. The U.S. port of entry official will open the package and decide whether to admit the applicant into the country or not. Application process for IR-3 and IR-4 visas The application process for IR-3 and IR-4 visas can be complex, with variations depending on whether the adoption occurs in a Hague or Non-Hague country. USCIS approval is a prerequisite, and the steps can be summarized as follows: USCIS Approval: The U.S. citizen must first obtain USCIS approval for the adoption. Form DS-260: After USCIS approval, the U.S. citizen submits Form DS-260 on behalf of the adopted child. If the Embassy approves this form, the adoption process can proceed. IR-3 Visa: In cases where the adoption takes place in a foreign country, and the Embassy approves the application, the

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