Issues of US Immigration by New York Attorney

In front of the City Council an attorney from Eiges & Eiges in a hearing about immigration system, has given a face to the problem. And the members have agreed on changing the law to help non-citizens to follow the correct procedures and guidelines. Testimony was a sad example of the system, for those who come to US for better life and end up in over staying visa not aware how to go about in extending or changing the visa.

One of client came to US on a visa on 1984 because of the political situation in Haiti and he same to establish new life in US. Got married to American Citizen, has son attending college and owns his own home, after staying 19 long years in US even after trying to obtain permanent residency from his wife, he is still an illegal. This happened when an attorney gave him a bad advice to obtain US Work Permit from INS, not telling him it might risk him being deported. So he was told to leave America. However he chose to remain with his wife and child and not to Haiti, reason being the situation is even worst when compared to 80’s.

Now the argument is to prove extenuating circumstances, changed conditions, or get governmental consent to file a joint motion but the government was not cooperative. Next step would be to contact the district Counsel, but it not hopeful regarding that step. Closing words from the attorney was very emotional stating “law was not designed to tear apart families and cause good people to be thrown out of the country that is exactly what is happening”.

At the end council’s member stated “it was distressing to know that one person’s ill advice could have such devastating consequences on the lives of so many”. And thanks the attorney for the great effort in putting forth not only for her client even for many non-citizens who are dealing with similar kind of situations.

Eiges & Eiges have over 75 years of experience which help them to stand up for the law and immigrant’s right. Read more

What Does The USCIS (Formerly the INS) Do?

U.S. Citizenship and Immigration Services (USCIS) is the federal agency that manages lawful immigration to the US. The USCIS is a component of the Department of Homeland Security.

On March 1, 2003, U.S. Citizenship and Immigration Services (USCIS) officially took over the responsibility for all immigration functions of the federal government. The Homeland Security Act of 2002 disassembled the Immigration and Naturalization Service (INS) and separated the former agency into three groups within the Department of Homeland Security (DHS).

The USCIS (formerly the INS ) was formed to enhance the security measures and improve the efficiency of national immigration services. The other two components of the DHS, the Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) take care of immigration enforcement and border security functions.

Some of the Services that the USCIS (formerly the INS) Provides

Citizenship (Includes the Related Naturalization Process):

Eligible individuals who want to become US citizens through naturalization have to submit their N-400 applications to USCIS. The USCIS will determine eligibility of the applicant, process the application and, if approved, will schedule the applicant for a ceremony to take the Oath of Allegiance. The USCIS also determines the eligibility and provides documentation of US citizenship for individuals who acquired or derived US citizenship through their parents’ status as US citizens.

Immigration of Family Members:

The USCIS also manages the process that will allow permanent residents and US citizens to bring their close relatives to live and work in the US.

Working in the U.S:

Individuals from other countries can come and work in the US. Some of the job opportunities are temporary, and some also get a green card (permanent residence). The USCIS manages this process too.

Verifying an Individual’s Legal Right to Work in the US:

USCIS takes care of the system that will allow employers to electronically verify the employment eligibility of their newly hired employees.

Humanitarian Programs:

USCIS also administers humanitarian programs that offers protection to individuals inside and outside the US who are displaced by war, famine and civil and political unrest, and also to those who are forced to flee their countries to escape the risk of death and torture at the hands of persecutors.

Adoptions:

The first step in the process for US citizens adopting children from other countries are handled by the USCIS. Every year, approximately 20,000 adoptions take place.

Civic Integration:

The USCIS promotes instruction and training on citizenship rights and responsibilities. They provide immigrants with the information and tools that are necessary to successfully integrate into American civic culture.

The mission of USCIS is to administer the nation’s immigration system fairly, honestly and correctly. At this time of increased global threats and national security challenges, the main obligation is to provide immigration service in a manner that strengthens and fortifies the nation. While performing the mission, they adopt a holistic approach to Vigilance. They take utmost care in carefully administering every aspect of their immigration mission so that new immigrants and citizens can hold in high regard the privileges and advantages of lawful presence in the US.

The goal of USCIS is to secure America’s promise as a nation of immigrants by providing accurate and useful information to all their customers, granting immigration and other benefits, promoting an awareness and understanding of American citizenship, and ensuring the integrity of the US immigration system. They employ 18,000 persons and their contractors work at 250 offices across the world.

What is INS?

The U.S. Citizenship and Immigration Services (formerly the INS) is the government agency that manages the entire immigration process in the United States.

While applying for a visa or green card, immigration forms are to be filed either at the American Consulate or with the USCIS (formerly the INS) if the applicant is in the US. These applications/petitions are available on the USCIS website and also there are many private players in this field who have these forms available on their website and charge a fee for assisting applicants in filling and filing the forms. The help of lawyers is at times sought to fill the immigration forms that can be sophisticated at times. The USCIS (formerly the INS) is the authority that processes these applications/petitions.

The INS Application Process:

After you send the completed application to the USCIS (formerly the INS) along with the appropriate fee and supporting documents, you will receive an Application Receipt Notice that has a 13-character Application Receipt number. It would take around 30 days to receive this notification. The 13-character number generally starts with EAC, WAC, LIN, or SRC. This number is the proof that the USCIS has received the application/petition and that it is being processed. You can check the status of your application using this number while the application is pending.

If you received the receipt number and want to check the status of your case, you may visit the USCIS’s website, http://www.uscis.gov and select the link entitled “Case Status Online.” You have to enter the application receipt number. Whereas, if you do not have a receipt number, you can find out how long USCIS takes to process the applications by clicking “Processing Times” that is listed on the USCIS “Case Status Online” page. Processing times are categorized according to the type of application you filed and the location of the USCIS Application Service Center (ASC) where your application was filed. If you do not receive any notification from the USCIS (formerly the INS) even after thirty days of having submitted your application, you can contact them at their toll-free telephone line and talk to their customer service representatives who will provide you with the necessary guidance.

Applicants and their representatives (such as lawyers, charitable groups, or corporations) who are in need of regular access to information about their multiple cases can create an account to get this information easily. The services provided by USCIS (formerly the INS) to both account types are similar except for the fact that applicants’ representatives can enter their own internal office tracking number with each receipt number while dealing with multiple cases.

Additionally, a new program provides the facility where you can receive a text message notification to your US mobile phone number when a case status update happens. Applicants and their representatives can use this facility to receive this text message notification. However, Standard Messaging Rates or other charges related to these notifications may apply for such text messages. Applicants and their representatives can also receive automatic case status updates through e-mail. As the processing time for applications differ, these option are handy to applicants.

US Immigration and Customs

Every year, thousands of people come to the United States of America, either for a visit or to live and work there. United States, the land of immigrants is the most preferred destination in terms of immigration. Immigrants understand the privileges of being lawful residents in the US. The process and procedures of entering the US vary based on the intention of one’s visit. Visas and green cards are the most commonly preferred methods to facilitate the visit. To get a visa or green card, US immigration forms have to be filed at the American Consulate in the immigrant’s home country or with the USCIS if the applicant is in the US.

Immigrant and non-immigrant visas are the two types of visas available. Non-immigrant visas are for temporary visits such as for tourism, study, or work whereas immigrant visas are for Permanent Residence later which will fetch you US Citizenship. Visitor visas, work visas, student visas are some of the visas that are issued based on the immigrant’s intention of visit. The US immigration forms are available on the government’s official website http://www.uscis.gov.  Apart from this, there are many private websites that have the US immigration forms on their website and they charge a fee for helping the applicants in preparing and filing the forms. An attorneys’ assistance is sought at times to complete the forms that can be complicated at times.

The USCIS (formerly known as the INS) is the official government agency that processes and gives a decision for all the applications/petitions filed in the US. They are the sole authority that approves or rejects any form. Approximately 40% of the applications/petitions submitted are rejected annually because of being erroneous or incomplete. This proves that the US immigration forms are at times sophisticated to file. The US immigration laws are very strict and vigilant to make sure all immigrants enter and stay legally. So any form filed even with the smallest of errors gets rejected. The application is rejected if the authorities find even a small evidence of suspicion. So it is always recommended that the applicant be transparent and truthful in all the information he/she provides in the application.

All the immigration forms have separate filing instructions that will have information about the fees, the supporting documents they need to send and the mailing address and also other additional instructions that is user specific. After the applicant submits his/her application to the USCIS, he/she will get a receipt for the form filed. This notice will have a number with which the applicant can check the status of the application/petition submitted. The applicant will also be notified about the biometrics appointment. The processing time for the forms varies from one another. The process may be expedited for certain applicants considering the situation under which they are filing. The USCIS revises the forms frequently and it is the expiry and revision dates of the forms that get updated. Some applications can be e-filed. In this case, all supporting documentation can be submitted at the time of their interview.