Tag Archives: san diego immigration lawyer

How to Get the E2 Investor Visa with Help from an Immigration Lawyer

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Are you considering starting a business in the United States? Make sure to gather all of the necessary information before proceeding. Getting a much-coveted investor visa is by no means an easy task.

If you come from one of the treaty nations, you will need to apply for an E2 investor visa.

Here is what you should know about the E2 investor visa.

Who can qualify?

In order to qualify for such a visa, you need to make a substantial investment, which will contribute to the economy of the United States. Ways to do so include investing in an existing business, purchasing a business already operating, or starting a business in the U.S.A. that will create at least ten jobs.

A substantial investment generally means at least $300,000. On occasion, smaller amounts may be allowed if the investor is considered to make a worthwhile contribution to the U.S. economy.

Generally the funds in the individual’s personal account or business are not sufficient to qualify for an E2 Visa. Bear in mind, a promissory note cannot be considered for investment capital unless the investor demonstrates the note to be secured by his/her assets.

Whichever investment path you choose, you will have to work your way through a fair amount of paperwork, which may be quite daunting at times. Therefore, it may be a good idea to turn to an immigration lawyer for assistance.

Why consult an immigration lawyer?

An experienced immigration attorney can assess the strength of your application and help you through the process, indicating which steps you should take to qualify for the visa.   Furthermore, an immigration attorney can make your life easier, helping you sift through the paperwork and determine what you need to submit and what you don’t.

If you plan to start a new business, you should submit evidence of the investment fund transfer and a document that certifies your capital was obtained in a lawful manner.

Any responsible entrepreneur keen to increase the success rate of his application should consult an immigration lawyer before starting the paperwork.

An immigration attorney may also provide assistance in coaching you for the interview at the embassy, one of the many steps that need to be completed in the process of getting a visa. Generally, you can expect to wait 30 to 90 days before getting a response. Therefore, it is wiser to make travel arrangements after you got the visa instead of before you apply. Most of the time, the State Department processes the application within 30 days, but on occasion it may take longer.

Once approved, the E2 visa needs to be renewed every year. This type of visa does not require that you remain in the U.S., but allows you the option of returning to your home country anytime or traveling back and forth. This will come in handy if your family decides not to come with you to the United States. On the other hand, if your family (spouse and dependent children) wants to accompany you, they too can get E2 visas.

What are Bond Hearings and How Can an Immigration Attorney Serve Your Best Interests in Court?

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If you are dealing with legal problems and you are getting ready to be dragged to court by the prosecution, it is recommended to find out everything there is to know about the most important events occurring after your arrest. An immigration lawyer hired to help you handle various immigration issues in a rapid, hassle-free manner can also provide the expert guidance that you need in order to understand the mechanism of the legal system and predict a realistic outcome, in case you have been charged with a serious offence.

1)     What are bond hearings?

In this context, after you get arrested by a police officer, you have to prepare yourself for the bond hearing – an essential legal event during which a judge decides whether the defendant is granted bond or not, based on two main factors. First, the judge needs to decide whether the accused is considered a real threat to society or not; and previous arrests will always be taken into consideration in this phase. Second, the judge has to evaluate the “risk of flight.” A defendant considered an elevated “flight risk” (meaning that he will most likely leave the state or the country to avoid major legal consequences and jail time) will usually be denied bail. The amount of time spent in your community is an extremely relevant deciding factor that will be analyzed by the judge. A good immigration lawyer has the skills, the expertise and the knowledge to provide the best legal representation for you and support evidence indicating that

a) you should not be seen as a threat to society and
b) you are not tempted to run away, in an attempt to preserve your freedom and avoid prosecution.

2)     What happens if bond is denied in my case?

There are cases in which a judge denies bond during the first bond setting. However, if you are in this delicate position, you should know that you have two other opportunities to be granted bond. With help from a competent immigration attorney, you may solicit a Bond Modification during your Preliminary Hearing. Moreover, you also have the chance to file a motion for redetermination or reconsideration of bond in court, soliciting a redetermination/reconsideration hearing scheduled as soon as possible. An immigration lawyer should be able to bring and support new evidence, reflecting the fact that the defendant can be released from jail on bail. You should also know that bail is seldom granted to people charged with capital crimes and other heinous offences.

3)     Why is it important to count on a skilled immigration lawyer?

Defendants who are not U.S. citizens should rely on professional services ensured by a skilled immigration lawyer as soon as possible. Furthermore, poor legal representation can get the accused into a lot of trouble, potentially triggering his/her deportation process. This is one of the reasons why people with a criminal case opened against them should contact a competent, trustworthy immigration attorney in record time to avoid life-changing consequences.

 

 

 

The CIR Bill: Understanding the Main Elements that Could Change the Lives of Immigrants

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At the end of June 2013, the Senate gave the green light to The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744), with 68 votes in favor. Despite the fact that the comprehensive immigration reform failed to gather 70 votes – an ambitious target set by the so-called Gang of 8, the senators who had elaborated the bill – it still benefitted from the support of a powerful majority. This change has been received with great enthusiasm by various categories of CIR advocates, including immigration lawyers, members of different religious groups, and immigrants. In fact, this bill is expected to reform the American immigration system, eliminate its major drawbacks, and restore the hope of approximately 11 million “shadows” (undocumented immigrants currently living on American territory). Some voices argue that the bill requires a long list of improvements in order to generate positive results in the long term; however, it clearly represents a huge step toward an improved immigration system and much more effective cross-party cooperation.

  • What changes could the CIR Bill bring?

The CIR Bill is expected to favor beneficial changes related to border security, immigrant visas, interior enforcement, and new visa programs for nonimmigrants.

  • Border security improvements

The main objective is to attain and preserve a higher level of control over the Mexico border, with a desirable apprehension rate of up to 90%. This change promoted by the CIR will demand significant investment required to back this project (fencing, appropriate technology, an increased number of patrol officers, infrastructure, and so on).

  • Immigrant visas

A significant number of immigrants currently living illegally in the US might be offered the chance to profit from a fresh, clean start. In order to become eligible for the RPI status (Registered Provisional Immigrant), candidates must meet certain conditions:

  • They must have zero felony convictions and less than 3 misdemeanors
  • They must prove the fact that they pay their taxes
  • They must have lived on American territory since 12/31/2011
  • They must pay penalty charges
  • They must be able to pass a routine background check

An RPI status could be renewed every 6 years. Moreover, a highly effective point system would be beneficial for immigrants with excellent skills, superior education, and/or excellent employment records, increasing their likelihood of obtaining one of the 250,000 visas that might become available for this category on an annual basis. If you need more information on this subject, call an immigration attorney and get the most accurate details.

  • Interior enforcement

All US-based employers would be required to rely on E-Verify (the new employment verification system introduced by the CIR Bill). The main objective is to discourage employers from hiring undocumented workers. Companies and individuals who were to disobey this important rule would expose themselves to increased penalties. If you are worried about the impact of this potential change on your welfare and economic situation, contact an immigration attorney and get the most accurate answers to your questions.

  • Non-immigrant visa programs

The number of visas allocated for foreign workers with superior skills (H-1B) could be considerably increased from 65,000 to any number below 180,000, based on different factors, like, for instance, the unemployment rate or workforce demand. Workers with inferior skills would still be allowed to apply for W Visas, which would basically allow them to live in the U.S. for a predetermined period of time and accept non-agricultural jobs. From 20,000 to 200,000 W Visas could become available on an annual basis, depending on the same two factors influencing the number of H-1B visas provided by the U.S. government every single year. At the same time, investors who want to open and develop a business on American territory might become eligible for an X Visa. The U.S. might have a cap of 10,000 investor visas for every single fiscal year.

It goes without saying that the CIR Bill could easily puzzle immigrants and make them worry about their fate. If you are currently in this situation, start getting the answers that you deserve today. Count on a skilled immigration lawyer to discuss all of the particularities of your case, and rest assured knowing that your future is in good hands.

What Can a San Diego Immigration Attorney Do for You?

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Over the past few years, the U.S. government has been intensifying scrutiny toward immigrants into the United States. If you are an immigrant in the process of acquiring citizenship, being aware of your own rights is of vital importance. A reliable San Diego immigration attorney will help you understand them. They can also assist you with filing the paperwork and taking all precautions required to keep you safe from any possible problems.

It is never safe to assume that you can just learn the U.S. immigration laws on your own, because even if you try, you will never be able to properly represent yourself in court when a legal problem arises. Saving money on this particular endeavor is never a good idea. There are virtually hundreds of laws that can apply to a special situation, and many changes and updates that can occur to these laws. If your visa application is denied, you will never be able to have success on an appeal without help from a professional immigration lawyer.

Are you asking yourself what a good, reliable San Diego immigration lawyer can do for you? Here are just a few tips:

  • A good immigration lawyer will help you know your rights

In many cases, as an immigrant into the United States, you are not entirely aware of what you are allowed to do and what you are not, especially in cases where your legitimacy as a citizen is placed under scrutiny. Being fully aware of your rights will enforce your position and can protect you from any mistreatment at your place of work or in personal situations. An experienced attorney can help you understand when and if your legal rights have been violated and they can provide valuable information about how to proceed in such cases.

  • An experienced attorney will make sure your papers are in order

You will be surprised to find out that 40% of deportation cases have improperly filled paperwork as their main cause. There are many technicalities that can cause you a lot of trouble throughout your visa application process. A good San Diego immigration attorney can make everything official for you and can make sure all of your papers are in order.

  • You will get proper court representation

Although it may seem obvious, many people fail to realize how important a professional attorney can be when representation in court is required. If you are ever placed in a position where the authorities are questioning your citizenship status, solid representation is vital. Not all immigration lawyers have enough experience in a courtroom, so make sure you find a good attorney who has a proven track record.

Many people dream of becoming a U.S. citizen at some point in their lives. If you have this opportunity, you shouldn’t take it lightly. Highly professional legal representation is a must to help get you through the entire immigration and visa obtaining process. Although the costs of hiring a reliable San Diego immigration lawyer may seem high to you, the long-term benefits are far more important, so do yourself a service and start looking for good legal representation now.

What Can a San Diego Immigration Lawyer Help With?

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Most people have heard of immigration lawyers, but few really understand the type of work that an immigration attorney handles. There is more to immigration law than just handling cases where immigrants are about to be deported. The scope of the work that an immigration lawyer handles extends far beyond representation. There are many aspects of immigration that the right lawyers can help you with. Here are just a few issues that an immigration attorney can help you with.

Cases Immigration Lawyers Handle

 There are several aspects of immigration law that a qualified attorney can help with. Listed below are some of the most commonly addressed issues:

Deportation

Each year, many immigrants move to the United States in search of stability and an honest living. Facing deportation is a scary event and thus, they tend to be hesitant to return home. This is why they enlist the aid of an immigration attorney. Immigration attorneys can help not only to represent the client, but also help remove the pending charges then help them achieve citizenship after the charges have been removed. Getting the deportation charges removed requires in-depth knowledge of immigration law and only skilled attorneys are able to effectively represent their clients.

Bond Hearings

When a person has been detained by the immigration office, it can be discouraging to know that they have to remain there until their hearing. However, with the help of a qualified immigration attorney, it is possible for an immigrant who is being detained to qualify for a bond. Once someone has been taken into custody by an immigration officer, it is a good idea to contact a qualified attorney to help with a bond hearing. If the bond hearing is successful, the judge on the case will issue a specific amount that must be pledged. In essence, a bond is a guarantee that the immigrant will show up for their court hearing. While not all bond hearings are successful, a good attorney will give you the best chances at securing your release.

Green Cards and Visas

Legally residing in the United Statesrequires holding either a Green Card or a Visa. Green Cards can be Family Green Cards or Green Cards for Employment. In order to be granted a Green Card, the paperwork must be filled out meticulously; otherwise it stands the chance of being rejected. The same concept applies to any type of Visa that may be in mind. Immigration attorneys can help ensure that the paperwork is filled out correctly to give the applicants the best chance possible at being granted their Green Cards or Visas. Realistically, these types of documents can be difficult to obtain and applicants are giving themselves the best chance by enlisting the aid of an immigration lawyer.

Most immigration dealings require the help of an expert. If you are looking for help in any of these areas, it is a good idea to contact experienced immigration attorneys to help in your endeavors. While it is not impossible to handle the issues on your own, having an experienced representative in your corner significantly increases your chances.