http://www.ofwguide.com/rss/laws_and_visa.xml Employment, rules, work permit, visas, regulations, etc from OFWGuide.com http://www.ofwguide.com/article_item-2581/Why-an-OFW-is-included-in-POEA-s-watchlist.html 2016-04-19 eas Filipino workers or OFWs included in the Philippine Overseas Employment Administration (POEA) watchlist may not be allowed to fly and work abroad. http://www.ofwguide.com/article_item-2500/WITHDRAWAL-OF-APPLICATIONS--10-MYTHS-AND-FACTS-PART-II.html 2015-06-08 Withdrawal of applications may be done at any stage of the overseas application process but the corresponding consequence varies. Here are some myths and facts about withdrawal of applications. http://www.ofwguide.com/article_item-2470/What-Type-of-Visa-Should-OFWs-Have-to-Work-in-Kuwait.html 2015-04-17 Overseas Filipino workers or OFWs who will work in Kuwait needs to know which type of visa they should use. These will depend on the overseas jobs they applied for from POEA-licensed agencies. http://www.ofwguide.com/article_item-2428/How-Domestic-Worker-Can-Get-a-UK-Working-Visa.html 2015-02-04 Overseas Filipino workers or OFWs who want to work in the United Kingdom needs to have a working visa. But there is a separate visa for those OFWs who will work as domestic workers. http://www.ofwguide.com/article_item-2427/How-OFWs-Can-Get-a-UK-Working-Visa.html 2015-01-28 Overseas Filipino workers or OFWs who would want to work in the United Kingdom should obtain a visa. So what are the requirements and how OFWs can apply to have one? Read this article. http://www.ofwguide.com/article_item-2409/Breach-of-Contract-in-KSA--All-You-Need-to-Know.html 2014-11-28 OFWs must be aware when either they or their employer have committed an act that will be a basis on violating their signed contract in Saudi Arabia. http://www.ofwguide.com/article_item-2364/Saudi-MOL-to-Lighten-Regulation-on-Sponsorship-Transfer.html 2014-09-22 Saudi Ministry of Labor released a good news announcing eases of rules on sponsorship transfer for expat workers. http://www.ofwguide.com/article_item-2294/New-UK-Law-to-Deny-Illegal-Immigrants-with-Major-Services.html 2014-06-02 TNTs in the United Kingdom, beware. A new law was passed by the British government that will restrict illegal immigrants' access to basic necessities, thus making it impossible for them to live normally in UK. http://www.ofwguide.com/article_item-2291/Qatar-Sets-Out-Labor-Law-Reforms.html 2014-05-19 Changes in Qatar's labor law code may be realized sooner as amendments of the highly-criticized Qatari Labor Law are announced. http://www.ofwguide.com/article_item-2141/PHL-Embassy-in-Riyadh-Announces-Schedule-of--Embassy-on-Wheels--for-2014.html 2013-12-27 The Philippine Embassy in Riyadh announces it schedule of Embassy-on-Wheels for next year. http://www.ofwguide.com/article_item-2091/Getting-a-Green-Card-After-Making-a-Misrepresentation.html 2013-11-03 An applicant for permanent resident status has the burden of proving that he is eligible to receive that precious green card. Actions that one has committed in the past, either in order to enter the United States, or unrelated to entry, can result in being inadmissible under the Immigration & Nationality Act. http://www.ofwguide.com/article_item-2071/Overcoming-the-Adverse-Consequences-of-Unlawful-Presence.html 2013-10-27 Being unlawfully present in the United States is a frightening experience. It can also have serious, legal ramifications. However, there is relief for some of those consequences under certain conditions. http://www.ofwguide.com/article_item-2060/9th-Circuit-Asylum-Update--Recent-Developments-In-the-Definition-of-Particular-Social-Group.html 2013-10-12 Under United States immigration law, asylum provides protection for individuals who fear persecution in their home countries. Any person who has suffered persecution or has a well-founded fear of persecution in his home country based on race, religion, nationality, membership in a particular social group or political opinion may seek protection through asylum in the United States. http://www.ofwguide.com/article_item-2075/Why-Become-a-U-S--Citizen--Some-of-the-Many-Good-Reasons.html 2013-10-08 Becoming an American citizen is the culmination of the American dream. A citizen can shape American politics through voting. Citizens have greater ability to convey immigration benefits to family members. In fact, in some circumstances, children automatically gain citizenship when their parent naturalizes. http://www.ofwguide.com/article_item-2063/No-Time-to-Wait--Spouse-and-Unmarried-Children-of-LPR-Visa-Category-Not-Current-as-of-October-1.html 2013-09-22 The State Department had originally predicted that the F-2A visa category would remain current into the foreseeable future. But, it revised that prediction in September 2013 and said that it expected this visa category to begin to retrogress as early as October 2013. http://www.ofwguide.com/article_item-1920/Immigrant-Visa-for-Foreign-Investors--The-EB-5.html 2013-09-08 Immigrating to the United States through financial investment can be a complex process, but the rewards can be significant. In 1990, the “EB-5” visa was created as a means to incentivize foreign entrepreneurs to invest in job-creating enterprises in the U.S. http://www.ofwguide.com/article_item-2028/Obtaining-Lawful-Immigration-Status-After-Being-The-Victim-Of-A-Crime.html 2013-08-25 U visas and, ultimately, green cards are available to persons who: have suffered substantial physical or mental abuse as a result of having been a victim of “qualifying criminal activity”; possess credible and reliable information establishing that she has knowledge of the details concerning the criminal activity; have been helpful, are being helpful, or are likely to be helpful to a certifying agency in the investigation or prosecution of the criminal activity; if the criminal activ... http://www.ofwguide.com/article_item-2037/Motions-to-Reopen---Hope-After-a-Deportation-Order.html 2013-08-20 By the latest estimate, approximately 11 million non-citizens are in the United States without status. They may have come in without papers or they may have stayed beyond the time allotted them. Many of these people have been ordered deported by an Immigration Judge but have failed to leave the country as required. http://www.ofwguide.com/article_item-1932/The-Generous-Non-Immigrant-Waiver.html 2013-08-18 Many people erroneously believe that because they are ineligible to enter the United States as an immigrant there is no way for them to enter the United States to work or be with their families. http://www.ofwguide.com/article_item-1995/Getting-Permanent-Resident-Status-Despite-Criminal-Convictions.html 2013-08-11 A person born outside of the U.S. who has been convicted of a crime may still be eligible for permanent resident status (“Green Card”). Their criminal history may make their path to permanent resident status more difficult but not impossible. http://www.ofwguide.com/article_item-2029/F-2A-Visa-Backlog-Gone-in-August-.html 2013-07-28 The August 2013 Visa Bulletin provides welcome news for many immigrant families separated by visa backlogs. Beginning in August, there will be no visa quota backlog for the spouses and single children of lawful permanent residents known as the F-2A category. http://www.ofwguide.com/article_item-2001/Provisional-Waiver--A-Real-Relief-.html 2013-06-23 The debate on the Immigration Reform Bill will begin this week in the Senate. Republicans in the House are talking about defunding DACA. Clearly, the future of these aspects of immigration law is unknown. What we do know is that there is some relief that has become a reality. Those who are eligible should take advantage of that now. http://www.ofwguide.com/article_item-1994/Obtain-a-Green-Card-Now-or-Wait-for-Possible-Immigration-Reform-.html 2013-06-11 There are numerous ways to obtain a green card right now without further delay. Individuals with a pathway to legal status should investigate all of their options. Under the proposed comprehensive immigration reform (CIR) undocumented immigrants will have to wait 10 to 13years just to apply for their green cards and then wait 5 more years to be able to apply for citizenship. http://www.ofwguide.com/article_item-1952/For-Non-US-Citizens--What-to-Know-Before-Departure-to-America.html 2013-04-01 Departing the United States when you are not a U.S. citizen can lead to serious problems upon your attempt to return. This is true for both lawful permanent residents and for non-citizens with pending applications or non-immigrant visas. http://www.ofwguide.com/article_item-1951/The-Future-of-Immigration--Current-Reforms-and-Prospective-Relief.html 2013-03-28 On January 29, 2013, President Obama delivered an address in Las Vegas, Nevada to promote the cause for “common-sense, comprehensive immigration reform.” President Obama noted that now is the time for reform in an area of law “where the differences are dwindling, where a broad consensus is emerging and where a call for action can now be heard coming all across America.” http://www.ofwguide.com/article_item-1935/File-those-H-1Bs-Now_update.html 2013-03-25 On April 1, 2013, employers may begin filing H-1B petitions for specialized knowledge professionals. Approved petitions will allow H-1B workers to begin employment on October 1, 2013. There are only 65,000 available visa numbers for H-1Bs, 20,000 of which are allotted to workers who obtained advanced degrees in the US. http://www.ofwguide.com/article_item-1919/The-Nuts-and-Bolts-of-Deportation-Proceedings.html 2013-03-16 There are over 11 million non-U.S. citizens currently residing in the U.S. living in fear of being deported. These individuals want nothing more than to continue living in the U.S. with their beloved family members. http://www.ofwguide.com/article_item-1892/Immigration-Status-for-Victims-of-Certain-Crimes--The--U--Visa.html 2013-03-03 A violent crime can have devastating and lasting effects on the victims. The scars are physical and emotional, and often run deep. After an attack, when recovery and recuperation are of primary importance, a victim will often put his or her own needs aside to assist police or others in the crucial stages of an investigation. http://www.ofwguide.com/article_item-1930/A-False-Claim-To-U-S--Citizenship-Can-Get-You-Deported.html 2013-02-23 While there is a lot of discussion about proposed possible benefits of comprehensive immigration reform, what is not getting as much press is the emphasis on making it harder to get a job without status. http://www.ofwguide.com/article_item-1905/Provisional-Waiver-Relief-Is-a-Reality-.html 2013-02-17 After months of waiting, the Provisional Unlawful Residence Waiver is now a reality. Starting March 4, 2013, aliens who are eligible for green cards but don't qualify to complete the process in the United States will be able to obtain their waiver of the 10-year unlawful presence bar in the United States if they can prove extreme hardship to their United States citizen parents or spouse. http://www.ofwguide.com/article_item-1907/Help-For-Those-Who-Lied-About-Their-Marital-Status-To-Get-A-Green-Card.html 2013-02-02 Getting a green card can take a very long time.It can require one to put his life on hold. This is especially true of an adult child of a green card holder who must remain single in order to still qualify for a petition filed by a parent. Some people give up. Others decide they want it all. http://www.ofwguide.com/article_item-1874/Child-Status-Protection-Act-Class-Action--Should-I-File-Now-.html 2013-01-28 Recently, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in the class action Child Status Protection Act (CSPA) case brought by the law firm of Reeves & Associates. In the decision, De Osorio v. Mayorkas, the Ninth Circuit held that the CSPA does provide for retention of priority dates, even if a child turns 21 years old while waiting for a visa to become available. http://www.ofwguide.com/article_item-1906/Resolve-to-Solve-Your-Immigration-Problems-in-2013.html 2013-01-24 The year 2013 is almost upon us and it is time to look forward and make plans for the upcoming year. Will 2013 be the year you resolve your immigration problems? Will 2013 be the year you consult an experienced and knowledgeable immigration firm about your immigration rights in the U.S.? http://www.ofwguide.com/article_item-1891/Work-Authorization-and-Green-Card-Through-Cancellation-of-Removal.html 2013-01-20 For many, the re-election of President Obama is viewed as a sign that comprehensive immigration reform will soon become a reality. However, comprehensive immigration reform might not be as near as some believe. http://www.ofwguide.com/article_item-1837/-Automatic--Citizenship--Citizenship-by-Derivation-and-Acquisition.html 2013-01-05 There are myriad advantages to being a U.S. citizen. Only United States citizens are allowed to engage in the democratic process to choose leaders for America's future known as voting. U.S. citizens—regardless of their place of birth—cannot be deported from the United States for acts committed after they became citizens. http://www.ofwguide.com/article_item-1895/Major-Developments-in-U-S--Immigration-Law-in-2012.html 2012-12-30 With the end of 2012 just around the corner we thought it would be a great time to look back at the major developments in immigration from the past year. 2012 has seen many exciting developments including the implementation of Deferred Action for Childhood Arrivals (DACA), the announcement of the hopefully soon- to-be implemented provisional waiver, and a major change to how the Child Status Protection Act (CSPA) should be interpreted which will allow many children who “aged-out” to ... http://www.ofwguide.com/article_item-1849/Ninth-Circuit-CSPA-Victory--The-Time-to-File-For-Green-Cards-is-Now.html 2012-12-22 On September 26, 2012, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in the class action Child Status Protection Act (CSPA) case brought by the law firm of Reeves & Associates. http://www.ofwguide.com/article_item-1864/Permanent-Resident-Status-Despite-the-Death-of-the-Petitioner.html 2012-12-16 Dealing with the death of a close family member is one of the most difficult times of a person's life. This experience has the possibility of becoming even more challenging if the death results in the remaining family members no longer being eligible to immigrate to the U.S. Until recently the Immigration and Nationality Act (INA) stated that an approved petition was automatically revoked if the petitioner died before the beneficiary was granted permanent resident status. http://www.ofwguide.com/article_item-1875/Election-Brings-Hope-of-Immigration-Reform.html 2012-12-08 The people of the United States have reelected Barack Obama to a second term as America's Chief Executive. Over the next four years, President Obama will maintain the ability to appoint justices to the Supreme Court and to the lower federal courts, and to the heads of the federal agencies. http://www.ofwguide.com/article_item-1814/Developments-in-Deferred-Action-for-Childhood-Arrivals.html 2012-12-01 Young undocumented immigrants should be aware of a major immigration policy change affecting over I million aliens residing in the United States. This major change was first announced on June 15, 2012 by the Secretary of the Department of Homeland Security (“DHS”) wherein they announced that certain young undocumented immigrants could obtain temporary status and a work authorization/ID card. It is called Deferred Action for Childhood Arrivals (“DACA”). http://www.ofwguide.com/article_item-1842/Immigration-Consequences-of-Controlled-Substance-Violations.html 2012-11-24 A non-citizen's defense against deportation should begin the moment he or she is charged with a controlled substance violation. The immigration laws of the United States are extremely unforgiving to non-citizens who have been convicted of a crime involving drugs. http://www.ofwguide.com/article_item-1818/Getting-Through-the-Minefield-of-Deferred-Action-for-Childhood-Arrivals--DACA-.html 2012-11-11 By now everyone knows what the seven requirements for Deferred Action for Childhood Arrivals (DACA) are and applicants may quickly conclude that they satisfy the seven requirements. http://www.ofwguide.com/article_item-1808/Deferred-Action-for-Dreamers-is-Becoming-a-Reality.html 2012-11-04 On August 3, 2012, the U.S. Citizenship & Immigration Services (USCIS) provided important information regarding the relief application that USCIS is calling “Deferred Action for Childhood Arrivals.” http://www.ofwguide.com/article_item-1854/What-s-Love-Got-to-Do-With-It--Marriage-Based-Immigration--Marriage-Fraud--and-the-Dreaded-Interview.html 2012-10-27 Marriage-based immigration is a common and prevalent mechanism for foreign nationals to immigrate to the United States. For example, spouses of U.S. citizens are categorized as an immediate relative, which means that a visa is immediately available to them and they can obtain lawful permanent residence in a fairly short period of time. http://www.ofwguide.com/article_item-1850/Dreamers-Should-Not-Wait-for-Election-to-File-for-DACA.html 2012-10-20 The window to file applications for deferred action may close in November if Mitt Romney wins the coming presidential election. Mr. Romney's campaign recently told the Boston Globe that he would honor applications filed prior to his election but would not accept new ones after taking office. http://www.ofwguide.com/article_item-1804/Removing-the-Conditions-from-Conditional-Residency.html 2012-10-07 If you or a loved one obtained permanent residency in the United States through marriage to a U.S. citizen, you may need to file a petition to finalize the process of becoming a “full” permanent resident by removing the conditions on the resident status. http://www.ofwguide.com/article_item-1823/Obtaining-A-Green-Card-Despite-Criminal-Convictions.html 2012-10-01 Criminal convictions may have severe immigration consequences. Even without being sentenced to jail, a non-citizen may be ineligible to adjust status or immigrate because of past criminal history. However, in some instances the non-U.S. citizen will still be eligible for their green card by obtaining a waiver of their prior conviction. http://www.ofwguide.com/article_item-1803/Visa-Denials-for-Past-Drug-Use-Now-Reconsidered.html 2012-09-08 Two clients of Reeves & Associates recently received immigrant visas and were able to join their families in the United States as lawful permanent residents. What makes these cases remarkable is that both clients were refused visas and declared inadmissible by the Embassy over ten years ago. http://www.ofwguide.com/article_item-1812/Changing-Employers-Without-Losing-Your-Green-Card.html 2012-08-25 The skilled worker immigrant visa category known as EB-3 is one of the most heavily used categories for obtaining permanent resident status. The demand for this category is so great that it created a six-year backlog in visa availability. http://www.ofwguide.com/article_item-1786/Latest-Developments-on-Deferred-Action-for-Dreamers.html 2012-08-19 It has been a little over one week since the Department of Homeland Security (DHS) announced its new policy to grant deferred action to qualified “Dreamers”. http://www.ofwguide.com/article_item-1795/The-U-Visa--Visas-for-Victims-of-Crimes.html 2012-08-12 Being the victim of a crime is terrifying. It is even more frightening for someone who is living in the United States without status. A United States citizen or a lawful resident would not hesitate to report the crime to the police. http://www.ofwguide.com/article_item-1780/Work-Authorization-for-Dreamers-.html 2012-08-02 On June 15, 2012, the Department of Homeland Security (DHS) issued an announcement it is making a major immigration policy change that promises to help approximately 1 million young immigrants known as Dreamers. http://www.ofwguide.com/article_item-1787/Recent-Developments-in-Same-Sex-Marriage-and-Immigration-Law.html 2012-07-21 The issue of gay marriage has received much attention from the media. In May, President Obama declared his support for gay marriage. Also garnering attention is the impact of the Defense of Marriage Act (“DOMA”) on the immigrant community. Under DOMA, a US citizen cannot petition a same-sex spouse for a green card. http://www.ofwguide.com/article_item-1776/Legal-Remedies-for-Wrongful-Inclusion-in-the-Government-s-Secret--No-Fly-List-.html 2012-07-15 Air travel in post-9/11 America is not easy for any of us, but for persons who have been wrongly included in the government's “No-Fly List,” flying can be humiliating, degrading, and on some occasions, impossible. http://www.ofwguide.com/article_item-1771/Deportation-Orders-and-Voluntary-Departure.html 2012-06-30 Aliens in removal proceedings are faced with the very real possibility of being deported from the United States. During the course of those proceedings, the non-citizen may request relief in the form of adjustment of status, cancellation of removal, asylum, waivers from removal or various combinations of the same. http://www.ofwguide.com/article_item-1768/I-Lied-To-Come-To-The-U-S----Now-What-.html 2012-06-28 A false claim to U.S. citizenship more often than not results in a permanent bar to living in the United States. What about if the misrepresentation was something other than U.S. citizenship? Is it still possible to live and work legally in the U.S.? http://www.ofwguide.com/article_item-1763/Traveling-Under-Advance-Parole-is-No-Longer-a-Departure.html 2012-06-04 Individuals who depart the United States after having lived here without lawful status for one year or more are barred from returning for 10 years. The “10-year bar” is a statutory penalty for having accrued one year or more of unlawful presence in the U.S. The bar is triggered upon departure from the U.S. If an individual with a 10-year bar returns without being lawfully admitted, that bar becomes a permanent one. http://www.ofwguide.com/article_item-1757/Visas-for-Nurses--Physical-Therapists-and-Other-Healthcare-Workers.html 2012-05-24 There are several categories of health-care workers that are not required to have a labor certification filed for them, including certain professional nurses and physical therapists. However, the health-care workers that qualify for this exemption are still required to have a certificate attesting to their professional qualifications. http://www.ofwguide.com/article_item-1752/File-those-H-1Bs-Now.html 2012-05-19 The immigration community is preparing itself for the exhaustion of the H-1B cap. The United States Citizenship and Immigration Services' (USCIS) most recent count shows that as of April 13, 2012 approximately 20,600 H-1B cap-subject petitions were received out of the 65,000 available visa numbers. http://www.ofwguide.com/article_item-1746/Nurses-and-Physical-Therapists-Have-a-Second-Chance-to-Immigrate.html 2012-05-04 The skilled worker group includes registered nurses (RNs) and physical therapists (PTs). In 2006, employers petitioned RNs and PTs to fill those positions for which there is an acute shortage. These petitions, combined with those for other skilled workers, created a huge demand for visa numbers resulting in the current six-year backlog. http://www.ofwguide.com/article_item-1740/Green-Cards-at-U-S--Embassy-with-Pre-Approved-Waivers.html 2012-04-21 The Obama administration has started the process of obtaining an over stay waiver in the United States by enacting new Federal Regulations for aliens who are immediate family members of American citizens who do not qualify for a green card in the U.S. http://www.ofwguide.com/article_item-1733/Overcoming-the-U-S--Embassy-s-Denial-of-a-Visa.html 2012-04-13 An application for an immigrant visa might be refused for a variety of reasons. No matter what the reason, the refusal is heartbreaking to an applicant who wants nothing more than to enter the U.S. to be reunited with family members. http://www.ofwguide.com/article_item-1729/Continuing-the-Fight-Even-After-a-Deportation-Order.html 2012-04-10 Just because you or a loved one have been ordered deported, have a final order of deportation or have decided to depart the United States while an appeal from deportation is pending does not mean that the chance to fight the case is lost. http://www.ofwguide.com/article_item-1721/Visas-for-Athletes-and-Performing-Artists.html 2012-03-31 Under U.S. immigration law, athletes and performing artists are eligible for temporary, non-immigrant visas known as “P-visas.” The P-visa category is broken down into four groups, (1) internationally recognized athletes (“P-1A”); (2) internationally recognized entertainers (“P-1B”); (3) artists and entertainers entering the United States through a reciprocal exchange program (“P-2”); and (4) artists and entertainers involved in performing, teachin... http://www.ofwguide.com/article_item-1713/Hope-After-Deportation.html 2012-03-24 After years of struggle and hope for legal status, sometimes immigrants leave the United States without any hope of ever returning. However, recent case law may provide a deported immigrant that lost hope of actually returning to the United States. http://www.ofwguide.com/article_item-1705/Hope-For-Juveniles--i-SIJS---An-Alternative-to-Hague-Adoption--i-.html 2012-03-17 Being trapped in the immigration maze is frustrating and frightening for an adult. It can be even worse for a child - especially if the child cannot turn to her parent for a solution. But there is help for children in this situation. http://www.ofwguide.com/article_item-1698/9th-Circuit-Expands-Definition-of--Past-Persecution--for-Asylum-Seekers.html 2012-03-10 Asylum is generally recognized as a basic human right, and under United States immigration law, asylees and refugees can obtain permanent resident status in the United States. Asylum provides a mechanism to escape persecution and resettle in a safe country, free from fear and harm. http://www.ofwguide.com/article_item-1697/Positive-Developments-for-Highly-Skilled-Immigrants.html 2012-03-06 We are pleased to report that the Department of Homeland Security (DHS) has been directed by President Obama to make improvements to the existing immigration system in order to attract and retain highly-skilled immigrants. The Obama administration recognizes that immigrants are critical to continuing our economic recovery and encouraging job creation in the United States. http://www.ofwguide.com/article_item-1695/Overcoming-Marriage-Fraud-Determinations.html 2012-02-29 A finding by the United States Citizenship and Immigration Services (USCIS) of marriage fraud leaves a serious and lasting negative mark on the alien's record. If the USCIS determines that a person entered (or even conspired to enter) into a marriage for the sole purpose of obtaining an immigration benefit, all future petitions (whether family or employment based) filed for that person will be denied. http://www.ofwguide.com/article_item-1694/Shelter-from-the-Storm--Immigration-Relief-for-Abused-Immigrants.html 2012-02-22 Despite law enforcement agencies and community organizations making advances in their response to domestic violence, the issue continues to plague the immigrant community. Often times financial dependence, fear of deportation, limited English-language skills, cultural barriers, and lack of information prevent immigrant victims of domestic violence from coming forward or leaving their abusers. http://www.ofwguide.com/article_item-1683/Collateral-Attacks-on-Prior-Deportation-Orders-and-Criminal-Convictions.html 2012-02-05 Past criminal convictions and prior deportation or removal orders can haunt a person seeking to immigrate to the United States. An intending immigrant can face permanent bars on the basis of a prior criminal conviction, a prior unlawful entry, or a prior order of deportation or removal. In some instances, the prior offense may form the basis of a charge of inadmissibility or removability, and the immigrant applicant might find herself in a removal proceeding (immigration court). http://www.ofwguide.com/article_item-1682/-Parole-in-Place--Brings-Hope-for-Aliens-Who-Entered-Without-Inspection.html 2012-01-29 Subject to narrow exceptions, an applicant for adjustment of status to permanent residency (or, “green card” applicant) must demonstrate that he or she was lawfully admitted or paroled into the United States. Admission or parole happens at the border when an alien first seeks entry to the U.S. http://www.ofwguide.com/article_item-1675/Who-Gets-the-New-Immigration-Provisional-Waiver.html 2012-01-21 Many immigrants enter the United States with papers but, lost their passports which document they were legally admitted. If they wish to adjust status in the United States, they have to find alternative forms of proof that they were admitted in the US. http://www.ofwguide.com/article_item-1669/New-Year-Wishes-For-Families.html 2012-01-12 I thought of the families who cannot be together for the holidays this year. I thought of the families that were together but are now separated because ICE officers came and deported a family member who had an old deportation order. I thought of the people who made one mistake many years ago and have a criminal conviction. http://www.ofwguide.com/article_item-1657/Supreme-Court-Expands-212-c--Relief-.html 2011-12-31 Prior to April 1, 1997, there were two different procedural settings in Immigration Court. One was called Exclusion. Whether the alien was excludable was determined by a list of grounds of exclusion. The other procedure was called Deportation and was governed by a list of grounds of deportation. http://www.ofwguide.com/article_item-1656/Pursuing-Family-Unity-in-2012.html 2011-12-25 The holidays and the coming of the New Year should be a time for togetherness, reflection, hope, and dreams for a better future. For many immigrant families, this is a time to celebrate hardships overcome and unity finally accomplished. http://www.ofwguide.com/article_item-1649/Legal-Options-for-Immigrant-Victims-of-Crime.html 2011-12-17 Undocumented immigrants who are victims of domestic violence, trafficking, or other crimes often face obstacles which prevent them from seeking help, such as fear of deportation, poverty, separation from their children, cultural and language barriers. Too often, the abuser uses the undocumented status of the immigrant to prevent him or her from leaving or calling the police. http://www.ofwguide.com/article_item-1648/Manila-Embassy-Institutes--Visa-Reissuance-Program-.html 2011-12-09 On July 25, 2011, the U.S. Embassy in Manila, Philippines instituted a new procedure for renewing a nonimmigrant U.S. visa. This new procedure, known as the “Visa Reissuance Program” (VRP), is similar to procedures in place at other embassies and consulates across the globe, and provides for streamlined and simple renewal of recently expired or soon-to-be-expired nonimmigrant visas. http://www.ofwguide.com/article_item-1646/Immigrating-Through-Marriage.html 2011-12-03 Marriage to a United States citizen is one of the most common ways to obtain a green card. When the couple has been married less than two years from the time conditional residency status is granted, the immigrant is given what is called conditional green card. Conditional means that their status is good for two years. http://www.ofwguide.com/article_item-1643/For-Immigrants--Contributions-to-the-United-State-of-America--A-Thank-you-.html 2011-11-25 Have you ever considered that the United States of America's (U.S.) most famous icon is an immigrant? That's right. The Statue of Liberty was “born” in France and brought to the U.S. by ship. The quintessential symbol of American liberty and freedom, Lady Liberty herself, is an “immigrant”. http://www.ofwguide.com/article_item-1637/Impact-of-Method-of-Entry-on-Adjustment-of-Status.html 2011-11-17 In the ideal situation, an alien who enters the United States and becomes eligible for lawful permanent residence can get their green card through adjustment of status and not have to leave the United States to complete the process. However, situations are not always ideal. The type of visa one uses to enter the United States (or the lack of visa) may limit or preclude adjustment of status. http://www.ofwguide.com/article_item-1619/Removing-Conditional-Status.html 2011-10-19 The U.S. Citizenship & Immigration Services (USCIS) grants conditional permanent resident status to spouses of U.S. citizens who have been married for less than two years on the date the application for adjustment of status is approved, or in consular process cases, the date the spouse is admitted to the U.S. with an immigrant visa. http://www.ofwguide.com/article_item-1618/Waiver-Still-Possible-After-Death-of-a-Parent.html 2011-10-15 In Federiso v. Holder, a case decided on May 19, 2010, the 9th Circuit Court of Appeals held that “an individual whose mother is a United States citizen continues to be the son ... of a citizen of the United States as set forth at [INA Section 237(a)(1)(H)] after his mother's death.” http://www.ofwguide.com/article_item-1791/Protection-Under-the--Violence-Against-Women-Act-.html 2011-08-08 The most common way to be granted permanent resident status (“green card”) in the U.S. is through a petition filed by a spouse or parent. However, the process of obtaining a green card may take several years after the petition has been filed. http://www.ofwguide.com/article_item-1557/Oral-Argument-Scheduled-in-Child-Status-Protection-Act-Class-Action.html 2011-06-26 On July 19, 2009, the U.S. District Court for the Central District of California named Reeves & Associates (R&A) the class counsel for all children and families affected by the government's restrictive interpretation of the Child Status Protection Act. http://www.ofwguide.com/article_item-1549/Reconsideration-of-Visa-Denials-for-Past-Drug-Use.html 2011-06-09 The Embassy's interpretation of this law and the holding in Pazcoquin vs. Radcliffe (2002) resulted in a lifetime ban for visa applicants for simply admitting to experimentation with drugs, many times even as a minor. http://www.ofwguide.com/article_item-1547/Look-Before-You-Leave-The-Dangers-of-Advance-Parole.html 2011-06-05 It's ironic! People can be so desperate to come to the United States that they commit acts that are completely out of character. They use someone else's name. They misrepresent their marital status. Sometimes, they pay huge amounts of money to get across the border with false documentation or without documentation. http://www.ofwguide.com/article_item-1544/President-Renews-Push-for-DREAM-Act-and-Immigration-Reform.html 2011-05-29 President Obama spoke out several times over the past two weeks about immigration reform. Most recently while in Miami, on April 29, he renewed his call for immigration action. http://www.ofwguide.com/article_item-1532/Dangers-and-Limitations-of-Entry-Under-the-Visa-Waiver-Program.html 2011-05-04 Most nonresident aliens desiring to visit the United States on a temporary basis for business or pleasure must first obtain a “B1” or “B2” visa from the U.S. Embassy in the alien's country of origin. http://www.ofwguide.com/article_item-1528/Sus-Crimes-and-Consequences.html 2011-04-30 The Secure Communities program was implemented by the Federal government in 2008. Since its inception, Immigration Customs Enforcement (I.C.E.) has deported about 58,300 immigrants with criminal convictions according to reports by Agency officials. http://www.ofwguide.com/article_item-1521/Imputation-Applies-to-State-of-Mind-Not-State-of-Being.html 2011-04-16 Over the years, the Ninth Circuit Court of Appeals has allowed a parent's status, intent, or state of mind to be imputed to the parent's unemancipated minor child in many instances. The reason for this is that the child lacks the legal capacity to form an intent and cannot be faulted for failing to secure a legal status. http://www.ofwguide.com/article_item-1514/Major-Court-Victory-Granted-to-K-1-fianc--e-s.html 2011-04-01 The K-1 visa category is granted to immigrants in order to enter the United States as fiancé(e)s and marry their US citizen petitioners. Congress placed many severe restrictions on this visa category in order to deter visa fraud. http://www.ofwguide.com/article_item-1505/Safe-Haven--Seeking-Asylum-in-the-United-States.html 2011-03-19 The United States is obligated under international law to admit eligible refugees and asylees to the United States when that person's life or freedom is in jeopardy in their home country as set forth below. http://www.ofwguide.com/article_item-1484/New-Rule-Allows-Those-Outside-of-the-US-to-Reopen-Their-Deportation-Case.html 2011-02-12 A new ruling out of the Sixth Circuit Court of Appeals, Pruidze v. Holder, (6th Cir. 2011), grants immigrants deported and outside of the United States the right to have their motions to reopen or reconsider heard by the Board of Immigration Appeals (BIA). In Pruidze, the immigrant appealed the BIA's denial of his motion to reconsider for lack of jurisdiction since he was outside of the US. http://www.ofwguide.com/article_item-1482/New-Hope-for-Those-with-a-Deportation-or-Removal-Order.html 2011-02-05 When a person is ordered deported or removed from the United States by an Immigration Judge, that person generally cannot become a lawful permanent resident unless their Immigration Court case is reopened. http://www.ofwguide.com/article_item-1474/Resolving-Your-Immigration-Problems-in-2011.html 2011-01-20 2010 did not end on a joyous note for the immigrant community. The DREAM Act was defeated in Congress. Comprehensive Immigration Reform did not even get to a vote. Priority dates for employment and family-based cases either remained backlogged or retrogressed. http://www.ofwguide.com/article_item-1469/The-Benefits-Of-Representation.html 2011-01-11 Although immigration law is one of the most complicated areas of law and even minor mistakes can result in severe consequences to the immigrant and his family, many choose to represent themselves or retain an inexperienced lawyer. While it may be tempting to try to save money by filing an application by oneself or by choosing a non-lawyer, the price of losing the case is much higher than the cost of hiring a good attorney. http://www.ofwguide.com/article_item-1457/What-Every-Non-US-Citizen-Should-Know-Before-Traveling.html 2010-12-19 Each time a lawful permanent resident tries to reenter the U.S., the resident is subject to an immigration inspection. If the resident who is subject to immigration inspection is determined to be inadmissible, that person may be denied admission and may be ordered removed from the U.S. http://www.ofwguide.com/article_item-1459/Pursuing-Family-Unity--Now-and-in-the-Year-Ahead.html 2010-12-17 The holidays are a time for families and friends to gather, and for reflection on times past. These can be difficult times for families long divided by delays in immigration processing and backlogs in visa numbers, and that difficulty is made worse when visa numbers retrogress. http://www.ofwguide.com/article_item-1428/Another-Step-Towards-Comprehensive-Immigration-Reform.html 2010-10-21 When President Obama first took office, he made a promise to “pursue genuine solutions day in and day out [including] immigration reform that will secure our borders, and punish employers who exploit immigrant labor; reform that finally brings the 12 million people who are here illegally out of the shadows by requiring them to take steps to become legal citizens.” http://www.ofwguide.com/article_item-1422/Naturalization-for-Immigrants-Over-50---55-and--those-with-Mental-and-Physical-Disabilities.html 2010-10-05 Obtaining U.S. citizenship is the dream of many immigrants. There are many benefits of U.S. citizenship which include, among others, voting in Federal and State elections, applying for certain Federal jobs, traveling with a U.S. passport, petitioning loved ones, and many more. http://www.ofwguide.com/article_item-1421/Latest-News-on-Visa-Availability.html 2010-10-01 On September 22, 2010, the American Immigration Lawyers Association (AILA) met with the US State Department's Chief of Visa Control and Reporting Division, Charles Oppenheim. This is the division tasked with distributing all immigrant visas available in a fiscal year for family and employment-based green cards. http://www.ofwguide.com/article_item-1410/The-Dream-Act-Closer-to-Becoming-a-Reality.html 2010-09-21 Senator Reid stated, "This amendment will ensure that millions of children who grow up as Americans will be able to get the education they need to contribute to our economy. Students who come to America before age 16 and who have been here for five years should be able get their green card after they go to college or serve in the military." http://www.ofwguide.com/article_item-1407/Backdoor-Amnesty---Not-.html 2010-09-17 Rumors abound in immigration law. Sometimes the rumors raise the non-citizen's hopes beyond all expectation. Sometimes, they cause the immigrant to sink to the depths of despair. Regardless of the emotional reaction, it is imperative that the immigrant realize that, first and foremost, they are dealing with rumors. Rumor is defined as a currently circulating story or report of unverified or doubtful truth. The key here is unverified or doubtful truth. http://www.ofwguide.com/article_item-1403/The--U--Visa--Relief-for-Victims-of-Crimes.html 2010-09-12 The “U” visa provides a broad range of immigration relief to victims of serious crimes who have cooperated in a criminal prosecution. The “U” visa can be granted to qualifying applicants even if the applicant is otherwise inadmissible to the United States because of an illegal entry, a prior deportation order, prior fraud, unlawful employment, a criminal record, participation in alien smuggling, and most other grounds of inadmissibility. http://www.ofwguide.com/article_item-1369/New-Relief-For-Mandatorily-Detained-Non-Citizens.html 2010-07-10 The list of mandatory detention crimes includes multiple criminal convictions, aggravated felonies, controlled substances offenses, firearms offenses, or crimes of moral turpitude for which the non-citizen has been sentenced to one year or more. http://www.ofwguide.com/article_item-1355/Protecting-Your-Green-Card-When-Traveling-Outside-the-United-States.html 2010-06-23 If a lawful permanent resident is out of the U.S. continuously for more than six months but less than a year, the Department of Homeland Security (DHS) will look at a number of factors before admitting the returning lawful permanent resident. If the resident has been outside the U.S. for longer than one year, DHS takes the position that residency has been abandoned. http://www.ofwguide.com/article_item-1354/Waiver-Still-Possible-After-The-Death-Of-A-Parent.html 2010-06-12 An adult beneficiary of a petition filed by a United States citizen or lawful permanent resident parent has to wait many years for his petition to become current. However, it is difficult to place a life on hold for a decade or more. If the adult child marries, he may lose his ability to immigrate because there is no category for married sons and daughters of lawful permanent residents. http://www.ofwguide.com/article_item-1335/Congress-Turns-to-Immigration-Reform.html 2010-05-06 On Saturday, April 10, 2010, Senate Majority Leader Harry Reid addressed the issue of immigration reform during a speech in downtown Las Vegas. His words were emphatic, indicating that Congress would start working on an overhaul of immigration policy as soon as lawmakers returned from a recess period. http://www.ofwguide.com/article_item-1327/The-Immigration-Experts.html 2010-04-23 This Sunday marks the conclusion of Season One of Reeves & Associates' educational television program, “The Immigration Experts.” “The Immigration Experts” was conceived as an informative program which sought to give viewers down to earth practical immigration advice, approaches and tips. http://www.ofwguide.com/article_item-1279/Federal-Court-Upholds-K-2-s-Right-to-Green-Card-Eligibility.html 2010-02-20 To become a lawful permanent resident, the fiancée (or child of a fiancée) of a United States citizen must go through four steps. First, the non-citizen must obtain a K visa through a visa petition filed by her United States citizen fiancée. http://www.ofwguide.com/article_item-1269/Comprehensive-Immigration-Reform-to-Take-Center-Stage-Again.html 2010-02-08 While domestic issues such as healthcare and financial regulation have occupied the public debate throughout 2009, there is good reason to believe that the nation's attention will once again turn towards immigration reform in 2010. http://www.ofwguide.com/article_item-1282/Am-I-Stuck-With-My-Employer-.html 2010-02-02 The recent February 2010 Visa Bulletin shows a somewhat modest advance in visa numbers for skilled and unskilled workers from last month. Priority dates have reached September 22, 2002 for skilled workers, and June 1, 2001 for unskilled workers. But, one year ago, these numbers were at May 1, 2005 for skilled, and March 13, 2003 for unskilled. http://www.ofwguide.com/article_item-1268/Honoring-Christmas-All-Year-Round.html 2010-01-09 Charles Dickens wrote, “I will honor Christmas in my heart, and try to keep it all the year.” During this Holiday Season, Reeves & Associates invites you to pause and take a moment out of your busy schedule to not only honor Christmas, but to also consider how you can keep it in your heart throughout the new year. http://www.ofwguide.com/article_item-1252/Reliance-On-A-No-Attorney-Can-Hurt-You.html 2009-12-23 When someone needs legal assistance, he usually attempts to find an attorney. Once he has decided to hire a particular attorney, he places all his trust in that lawyer. When he hires an attorney who is well qualified to handle the legal problem, the trust is well-placed. Unfortunately, sometimes, the person hired is not really an attorney. Then the client is at the mercy of someone who is not trained or qualified to assist him with his legal problem. http://www.ofwguide.com/article_item-1253/Do-I-Need-An-Immigration-Attorney-.html 2009-12-15 Even before an alien ever comes in contact with USCIS, a decision needs to be made whether to represent oneself or retain the services of an immigration attorney. It is impossible to overstate the importance of this decision, as it will likely be one of the most significant decisions that an alien will make in their lifetime. http://www.ofwguide.com/article_item-1190/The-Consequences-of-Filing-an-Ineligible-Application.html 2009-10-05 Over the past couple of years, the United States Immigration and Citizenship Services (USCIS) stepped up enforcement and political prosecution of immigrants. As such, individuals and families need to be prepared and well represented whenever they apply for an immigration benefit or attend an interview with the USCIS. http://www.ofwguide.com/article_item-1191/Temporary-U-S--Visitors-May-be-Eligible-for-a-Waiver-of-Inadmissibility.html 2009-09-06 The advantage of the nonimmigrant visa waiver lies in the wide range of eligible applicants. The waiver may provide a viable temporary solution to what is an otherwise lengthy separation from family, friends, studies or business matters in the U.S. http://www.ofwguide.com/article_item-1177/Motions-To-Reopen-Now-Possible-After-Leaving-U-S-.html 2009-08-13 It is bad enough to be ordered deported when you know about the hearing. It is even worse to believe you are about to get a green card and find out that you may not be eligible because you have an existing deportation order. http://www.ofwguide.com/article_item-1162/USCIS-Provides-New-Guidance-for-Marriage-Cases.html 2009-08-03 Marriage to a US citizen is a well known path to permanent residency (the green card) as long as the marriage is not a sham. The process is relatively quick and even allows immigrants who are in the US and out of status to become permanent residents. http://www.ofwguide.com/article_item-1163/Obama-Launches-Immigration-Reform.html 2009-07-28 President Obama made a promise to “pursue genuine solutions day in and day out [including] immigration reform that will secure our borders, and punish employers who exploit immigrant labor; reform that finally brings the 12 million people who are here illegally out of the shadows by requiring them to take steps to become legal citizens.” http://www.ofwguide.com/article_item-1153/The--quot-Privileges-quot--and-Consequences-of-Voluntary-Departure.html 2009-07-19 Although voluntary departure is considered a privilege, all too often aliens accept this privilege without fully realizing the benefits and possible consequences. If you are really planning to leave the United States, voluntary departure may be an appropriate option. http://www.ofwguide.com/article_item-1154/Right-to-Effective-Assistance-of-Counsel-Returns.html 2009-07-12 When placed into removal proceedings, the wise alien hires a knowledgeable and experienced immigration attorney to represent him. In so doing, he reasonably relies upon his attorney's expertise. He hopes and expects that his attorney will raise and effectively present his case before the court. http://www.ofwguide.com/article_item-1155/K-1-Visa-Holders-Can-Adjust-After-Divorce.html 2009-07-06 K-1 (fiancé) visa holders come to the United States full of hope. They are coming to marry the person they love and are looking forward to a new life in the United States. Sometimes, the marriage does not work out. http://www.ofwguide.com/article_item-1136/Ignoring-A-Notice-To-Appear-Doesn-t-Make-The-Problem-Go-Away.html 2009-06-10 It can begin as innocently as going to the mailbox. Lying there is a letter with a return address from the Executive Office for Immigration Review. Inside is a document titled Notice To Appear. Getting a Notice to Appear in Immigration Court is scary. It means that the government has begun a process to try to remove a non-citizen from the United States. http://www.ofwguide.com/article_item-1137/More-Than-Just-A-Form--The-Importance-of-a-Well-Documented-Waiver.html 2009-06-04 The first thing many aliens ask after having been removed from the United States is “when can I return.” The answer is not always straightforward and much depends on the circumstances surrounding an alien's removal http://www.ofwguide.com/article_item-1084/What-Every-Non-Citizen-Should-Know-Before-Traveling.html 2009-05-11 Before leaving the U.S., residents should ascertain whether they require a travel document to reenter the country or whether their departure will in any way impact their current benefits application. http://www.ofwguide.com/article_item-1095/The-RN-Contract-Trap-Part-II.html 2009-05-03 This is the second of a two part article on RNs who immigrate to the U.S. and find themselves the subject of penalizing employment contracts. In the previous article we discussed the RNs immigrating to the U.S. with a hope and promise of a good job and a green card. http://www.ofwguide.com/article_item-1097/The-RN-Contract-Trap.html 2009-04-27 For many foreign nurses (RNs) the chance to immigrate to the U.S. is the opportunity of a lifetime. For so many, immigrating to the U.S. is the reason they went to nursing school and took up the profession. http://www.ofwguide.com/article_item-1094/The-Immigration-Consequences-of-Marriage-Fraud.html 2009-04-21 A legitimate marriage is a marriage that was not entered into for the purpose of evading immigration law. USCIS is required to focus on whether, at the time the marriage was entered into, the bride and groom intended to establish a life together. http://www.ofwguide.com/article_item-1077/Prepare-those-H-1Bs-Now.html 2009-04-07 Once again, the immigration community is bracing itself for a historical and unprecedented exhaustion of the H-1B cap. Employers can petition H-1B workers for the October 1, 2009 start date beginning April 1, 2009. http://www.ofwguide.com/article_item-1078/Ninth-Circuit-Upholds-Immigration-Relief-For-First-Time-Drug-Offenses.html 2009-03-08 Although most people know that there are severe immigration consequences for serious drug violations, many would be surprised to know that even relatively minor use of illicit drugs can destroy one's eligibility for many immigration benefits. http://www.ofwguide.com/article_item-1038/Homeland-Security-to-be-Headed-by-Advocate-of-Comprehensive-Immigration-Reform.html 2009-03-02 Entering the U.S. on the basis of an investment (as opposed to a family or employment-based petition) can either take the form of a nonimmigrant (temporary) visa or an immigrant visa, which results in the Permanent Resident �Green Card�. http://www.ofwguide.com/article_item-1067/Napolitano-Confirmed-as-Head-of-DHS.html 2009-02-11 Janet Napolitano was swiftly and easily confirmed as the new Secretary of the Department of Homeland Security (�DHS�) on the same day that Barack Obama became President of the United States. Homeland Security is the department that oversees the agencies charged with executing the country�s immigration laws. http://www.ofwguide.com/article_item-1063/Immigration-Reform-on-the-Horizon.html 2009-01-26 As Bob Dylan sang years ago, �the times they are a-changin�. Those words were never more true than they are today. http://www.ofwguide.com/article_item-1058/The-Attorney-General-Questions-The-Right-to-Counsel.html 2009-01-18 Calling the right to counsel a "privilege," the Attorney General stated that this right was merely statutory and not constitutionally protected under the Fifth Amendment. This qualification is a stark departure from past court precedents and well accepted immigration practice. http://www.ofwguide.com/article_item-1059/Resolving-Immigration-PROBLEMS-IN-THE-NEW-YEAR.html 2009-01-10 As 2009 begins, most of us wonder just what will the new year bring and how will our lives change. For many aliens in the U.S., one single question is on the mind more than any other: what will be my immigration status in 2009? http://www.ofwguide.com/article_item-1050/Recent-Amnesty-Settlement-Benefits-Tens-of-Thousands.html 2009-01-06 While many individuals anxiously await immigration reform under Barack Obama�s presidency in 2009, some may already qualify for legalization under the 1986 immigration reform law (amnesty). http://www.ofwguide.com/article_item-1032/Hope-and-Thanks-in-Difficult-Times.html 2009-01-03 In the last few days, leaders from both political parties have indicated that comprehensive immigration reform will be a legislative priority in the 111th Congress. http://www.ofwguide.com/article_item-1053/The-Gift-of-Hope-this-Christmas.html 2008-12-24 Indeed, the gift of hope is a gift that will remain long after you take down the Christmas decorations and will last the whole year long. http://www.ofwguide.com/article_item-1028/Immigrant-Visas-For-Children-To-Be-Adopted.html 2008-12-06 Attorney Reeves recently met with the Inter-Country Adoption Board in the Philippines to discuss issues and concerns for international adoptions. The staff at the Board was professional, knowledgeable, and able to clarify many concerns regarding the process in the Philippines. http://www.ofwguide.com/article_item-1023/Immigration-Raids-Target-Individuals-with-Deportation-Orders.html 2008-11-21 People with deportation orders are clearly the most vulnerable to immediate detention and removal from the U.S. It is important to note that immigration law allows some individuals with deportation orders to reopen their immigration case and pursue some form of relief that can lead to legal permanent residency and citizenship. http://www.ofwguide.com/article_item-1018/President-Elect-Obama-Promises-Change.html 2008-11-15 The polls have closed and the ballots have been counted and one thing is for certain: Senator Barack Obama will be the next President of the United States. Senator Obama campaigned on a platform of change and voters responded with a resounding �yes we can.� http://www.ofwguide.com/article_item-1012/Legal-Residency-via-Reinstatement-of-Waiver-for-Fraudulent-Entry-.html 2008-11-07 Earlier this week, the Ninth Circuit Court of Appeals vacated its earlier decision in Orozco v. Mukasey, thereby returning to the long-standing rule that aliens who entered the United States fraudulently are eligible to adjust their status in certain circumstances under section 245(a) of the Immigration & Nationality Act (INA). http://www.ofwguide.com/article_item-1002/The-E-2-Visa---The-Entrepreneur-s--Option.html 2008-10-27 The United States has long been a country that attracts international entrepreneurs. Immigration law provides several mechanisms for investors to place key personnel in the US, including the investors themselves. One option is the E-2 visa category. http://www.ofwguide.com/article_item-1001/Republican-vs--Democrat--Platforms-On-Immigration.html 2008-10-19 These are hard times for Americans, especially for immigrants. The current financial crisis has dominated the media�s headlines and the political discourse among the presidential candidates. http://www.ofwguide.com/article_item-994/Qualifying-For-An-EB-2-Visa-With-a-Bachelor-s-Degree.html 2008-10-08 There are several employment based visa categories that allow for immigration to the US. Some categories are more over subscribed than others creating a backlog of several years before immigrant visas can be issued. http://www.ofwguide.com/article_item-974/ICE-Introduces-Pilot-Program-to-Increase-Deportations.html 2008-10-02 Immigration and Customs Enforcement (ICE) has a new (Pilot) program designed to increase deportations called Operation Scheduled Departure. The program is aimed at those the government refers to as �fugitive aliens� meaning non-citizens who have been ordered deported in immigration court but have not left. http://www.ofwguide.com/article_item-875/Deportation-Proceedings-and-Voluntary-Departure.html 2008-09-26 Aliens in removal proceedings are faced with the very real possibility of being deported from the United States. During the course of those proceedings, the non-citizen may request relief in the form of adjustment of status, cancellation of removal, asylum, waivers from removal or various combinations of the same. Sometimes, the alien is not eligible for any of those forms of relief. http://www.ofwguide.com/article_item-984/One-Family-s-Immigration-Story.html 2008-09-24 On April 11, 2008 the United States Citizenship and Immigration Services approved the Adjustment of Status applications of Mr. Reynaldo Abad and his family. This joyful event occurred merely 45 days after the Abad family had their immigration hopes placed in doubt upon receiving a �Notice of Intent to Deny� their applications from the USCIS. Reeves & Associates filed a timely response with the USCIS, resulting in another success story. http://www.ofwguide.com/article_item-975/Search-and-Seizure-Protections-for-Undocumented-Immigrants.html 2008-09-20 The Ninth Circuit Court of Appeals recently held that where immigration agents did not obtain warrants for aliens� arrest or to search aliens� residence but entered residence and arrested aliens absent any exigent circumstances or proof of consent, officers� entry violated the Fourth Amendment to the Constitution. http://www.ofwguide.com/article_item-980/US-Congress-Proposes-Additional-Visa-Numbers.html 2008-09-16 The current immigration political climate is both toxic and uncertain. John McCain has said that if he becomes president, he will not push for any immigration reform until the Department of Homeland Security confirms our borders are secure. http://www.ofwguide.com/article_item-972/Immigration-Consultants-and-Notarios-Are-Trouble.html 2008-09-12 Unfortunately, each year thousands of aliens fall prey to certain individuals who either pose as immigration attorneys or who proclaim such titles as �immigration consultant� or �notario� (collectively we call them �Fixers�). http://www.ofwguide.com/article_item-971/Changes-in-Employment--What-s-Next-.html 2008-09-10 United States immigration laws permit foreign workers to enter the U.S. to meet U.S. labor demands, and the legal status of these workers is tied to their employers. Whether the foreign worker on an H-1B specialty occupation visa or is being petitioned by their employer for permanent residency, any changes in the employment relationship may affect the foreign worker�s immigration status. http://www.ofwguide.com/article_item-973/New-Rights-for-K-1s-after-Divorce.html 2008-09-04 An important immigration decision was just issued (August 12, 2008) by the Ninth Circuit Court of Appeals which held that aliens who marry their fianc�s after entering the United States with a fianc� visa and who subsequently obtain a divorce prior to obtaining permanent resident status are still entitled to adjust to resident status. http://www.ofwguide.com/article_item-911/What-is-A-Marriage-Under-Immigration-Law-.html 2008-08-21 Because many people seek to become a permanent resident through marriage, it is important to know what CIS considers a �marriage�. CIS will investigate the legal bona fides of the marriage. There are severe consequences if the CIS determines that the marriage is a sham, including permanent banishment from the United States. http://www.ofwguide.com/article_item-954/Obama-vs--Mc-Cain-Immigration-Reform.html 2008-08-16 Despite the Congress�s failure to pass comprehensive reform last summer, the immigration debate remained at the top of our nation�s political discourse and is now a burning issue for the 2008 presidential election. Both Senator John McCain and Senator Barack Obama, the Democratic and Republican candidates, have indicated that immigration reform would be a priority of their administration http://www.ofwguide.com/article_item-955/Drug-Use-And-Immigrant-Visas.html 2008-08-11 People who has used or possessed drugs in the past will likely face significant problems in obtaining an immigrant visa. Federal law makes aliens who used drugs inadmissible under several different immigration provisions. http://www.ofwguide.com/article_item-880/Ninth-Circuit-Says-No-Adjustment-if-Entry-is-Fraudulent.html 2008-08-09 In a very disappointing decision, the Ninth Circuit Court of Appeals held this week that aliens who entered the United States fraudulently are not eligible to adjust their status under section 245(a) of the Immigration & Nationality Act. http://www.ofwguide.com/article_item-881/Students-Get-17-Month-OPT-Extension.html 2008-08-07 Approximately 26,000 F-1 students may benefit from a new interim rule that took effect on April 8, 2008 extending their allowable employment period from 12 to 29 months. Additionally, an estimated 10,000 students petitioned for H-1B non-immigrant work visas will get an automatic �cap gap� extension. http://www.ofwguide.com/article_item-938/Immigration-Raids-and-Arrests.html 2008-07-28 There is a growing fear among undocumented immigrants of being arrested and detained by Immigration and Customs Enforcement (ICE) agents while at work. This fear is growing as ICE continues to aggressively conduct raids in California and across the nation. http://www.ofwguide.com/article_item-910/Adjustment-Denied-Due-To-Fake-Documents.html 2008-07-26 If an alien enters the U.S. with fraudulent documents and later gets married to a U.S. citizen, is he/she eligible for adjustment of status? A recent decision by the Ninth Circuit Court of Appeals said no. http://www.ofwguide.com/article_item-937/Safeguarding-Lawful-Permanent-Resident-Status-During-Foreign-Travel.html 2008-07-18 After years of waiting to immigrate, a person who finally obtains lawful permanent residence may have family concerns or other business that either does not allow him to immediately enter the United States (US) or requires that he leave the US for an extended period of time. This is a problem because a green card is a permanent resident visa. It is given to someone on condition that he permanently resides in the US. http://www.ofwguide.com/article_item-936/Faster-Route-to-Green-Card.html 2008-07-12 With the unavailability of visa numbers this month in the employment-based third preference category (EB-3) and the backlog in the second preference (EB-2) for India and China, attention is focused on the first preference category (EB-1). http://www.ofwguide.com/article_item-876/Less-Filipino-Applicants-for-Labor-Certifications.html 2008-07-09 The latest data released by the United States Department of Labor (USDOL) on permanent labor certifications (PERM) showed that the Philippines dropped out of the list of the top five countries with the most number of certified foreign worker-beneficiaries for the fiscal year (FY) 2007. http://www.ofwguide.com/article_item-852/Employment-Based-Priority-Jump-Forward-3-Years.html 2008-07-03 The State Department just issued the visa bulletin for immigrant visas available in March 2008. While family-based priority dates barely moved, there was a giant jump for employment-based visas. http://www.ofwguide.com/article_item-897/Nursing-Shortage-Relief.html 2008-06-29 A bill intended to lift the retrogression of visa numbers for Registered Nurses (RNs) and Physical Therapists (PTs) was introduced on April 29 in the House of Representatives. http://www.ofwguide.com/article_item-925/Latest-H-1B-Developments.html 2008-06-21 The United States Citizenship and Immigration Services (USCIS) has started mailing rejection notices to the applicants who were not selected in the H-1B lottery. It completed mailing all receipts for selected cases on May 24, 2008. http://www.ofwguide.com/article_item-874/Higher-Fines-for-Immigration-Violations.html 2008-06-19 Starting March 27, 2008, employers that violate immigration laws will face higher civil fines by as much as $5,000, according to U.S. Attorney General Michael B. Musakey and Homeland Security Secretary Michael Chertoff. http://www.ofwguide.com/article_item-877/Representation-in-Removal-Proceedings.html 2008-06-13 One of the more frightening moments in an immigrant's life is the prospect of being removed from the United States and separated from friends and family. However, before the Immigration Service can physically remove a person from the United States, the Service must first place that person in Immigration Court. http://www.ofwguide.com/article_item-879/Green-cards-for-Abused-Spouses-and-Children.html 2008-06-09 Spouses and children of U.S. citizens or lawful permanent residents (LPR) find themselves in a difficult situation where they are relying on that U.S. citizen or LPR to petition them for permanent residency, but they are being abused or subjected to extreme cruelty by the petitioner. http://www.ofwguide.com/article_item-855/Entering-the-US-under-a-Different-Name.html 2008-06-04 Obtaining a visitor�s visa at some United States (U.S.) consulates is difficult and a high percentage of applicants are denied. Once denied, it becomes nearly impossible to obtain one. But many individuals are determined to find a better life in the U.S. and resort to using an assumed name. http://www.ofwguide.com/article_item-853/USCIS-to-Shorten-Processing-Time.html 2008-05-29 United States Citizenship and Immigration Services (USCIS) Director Emilio Gonzales recently told the House subcommittee on Immigration that his agency is implementing a plan to address the long delays in the processing of applications and petitions. http://www.ofwguide.com/article_item-912/New-Rules-on-Children-Turning-21.html 2008-05-25 The age of a child being petitioned by a U.S. citizen or permanent resident determines the length of time it takes him/her to become an immigrant. If the child being petitioned by a U.S. citizen is under 21 and unmarried, a visa number is immediately available as he/she is classified as an immediate relative. http://www.ofwguide.com/article_item-878/Last-Minute-Filing-Tips-for-H-1B.html 2008-05-18 The United States Citizenship and Immigration Services (USCIS) has clarified certain last-minute issues regarding H-1B filing that starts on April 1. http://www.ofwguide.com/article_item-898/Skilled-Immigrants-Needed-To-Fill-Jobs-in-U-S-.html 2008-05-14 The fasted growing positions are for computer software engineers, registered nurses and customer service representatives. However, the need is also there for certified nursing assistants, licensed vocational nurses, solar-panel installers, dental assistants and many other jobs. Because native-born Americans are having fewer children, the majority of these positions will have to be filled by immigrants. http://www.ofwguide.com/article_item-882/The-H-4-Visa-Trap.html 2008-05-06 The consequences of not properly preparing for an H-4 visa interview may be devastating. H4 visas are for the spouses and children of H1B temporary workers. Consular officers at the Embassy in Manila are specifically examining the wages paid to H1B workers when H-4 visas are requested. http://www.ofwguide.com/article_item-837/When-Does-A-K-2-turn-21-.html 2008-04-30 Sometimes the Immigration Service applies an unreasonable interpretation of the law. Just last month, in Verovkin v. Still, a District Court in Northern California held just that. Specifically, the Immigration Service denied Mr. Verovkin�s, application for adjustment of status based on a K-2 visa (a child of a fianc�e of a United States citizen) because he was twenty-one years of age on the date his application was decided. http://www.ofwguide.com/article_item-860/Clamor-for-More-H-1B-Visas.html 2008-04-25 April 1, the first day the United States Citizenship and Immigrations Services (USCIS) will start accepting H-1B petitions for fiscal year 2009 is fast approaching. As in last year, it is expected that the H-1B cap of 65,000 will be reached on the very first day. http://www.ofwguide.com/article_item-861/A-Call-for-U-S--To-Practice-Human-Rights-at-Home.html 2008-04-18 The United States does not practice what it preaches in the area of human rights. In a report to the United Nations Human Rights Council, investigator Jorge Bustamante said that the United States has failed to uphold its international obligation to protect the human rights of migrants and has subjected too many to prolonged detention in substandard facilities while depriving them of adequate appeals processes. http://www.ofwguide.com/article_item-835/Death-of-a-Petitioner.html 2008-04-12 A primary goal of United States immigration policy should be the reunification of family members. Every day thousands of U.S. citizens and lawful permanent residents file visa petitions to unite their family members. http://www.ofwguide.com/article_item-839/O-1-Visa-as-an-Alternative-to-H-1-B-Visa.html 2008-03-31 The O-1 visa category may be considered as an alternative to the H-1B temporary workers� visa. http://www.ofwguide.com/article_item-844/Petitioning-a-Fiance-e-.html 2008-03-27 The K-1 nonimmigrant visa allows the fianc�(e) of a U.S. citizen to enter the U.S. for a period of 90 days in order to marry the petitioner and apply for permanent residence. http://www.ofwguide.com/article_item-838/Employment-While-in-F-1-Student-Status.html 2008-03-13 While on an F-1 status, there is no limit in the duration of stay in the U.S. provided the F-1 student is making good faith progress towards the completion of his/her academic course work and not engaged in unauthorized activities, particularly employment without authorization. http://www.ofwguide.com/article_item-830/Presidential-Candidates-Favor-Immigration-Reform.html 2008-03-01 Both the Republican and the Democratic candidates in the upcoming presidential election can agree on at least one thing: America needs to secure its borders with more fences.However, when the debate turns away from concrete and fence posts and focuses on real people; the candidates begin to distinguish themselves from each other. http://www.ofwguide.com/article_item-836/H-1B--DEADLINE--FOR-2008.html 2008-02-24 The immigration community is bracing itself for a historical and unprecedented exhaustion of the H-1B cap. Employers can petition H-1B workers for the October 1, 2008 start date beginning April 1, 2008. http://www.ofwguide.com/article_item-814/Does-Death-of-Spouse-Void-Petition-.html 2008-02-16 Does an immigrant visa petition (Form I-130) filed by a U.S. citizen spouse terminate upon the death of the said spouse during the processing period? http://www.ofwguide.com/article_item-822/Visa-Allocation-Guide.html 2008-02-06 A lot of our readers � print and web, ask: �Why do Visa Numbers move back and forth, sometimes regressing to about two years?� They are referring of course to the priority dates issued by the State Department on its Visa Bulletin. http://www.ofwguide.com/article_item-811/H-1B-Status-While-Adjustment-Is-Pending.html 2008-01-25 Many of our readers have asked if it is necessary to maintain one�s H-1B status if he/she has a pending adjustment of status application. A pending adjustment application entitles the applicant to file for interim benefits such as employment and travel. http://www.ofwguide.com/article_item-801/Removing-Conditions-on-Resident-Status.html 2008-01-15 If permanent resident status was obtained through marriage, the status is conditional unless the marriage occurred more than two years at the time the permanent resident status was granted. http://www.ofwguide.com/article_item-790/ACLU-Sues-USCIS-Over-Delay.html 2008-01-05 The excessive delay in processing naturalization applications has forced thousands to file lawsuits against the United States Citizenship and Immigration Services (USCIS). These cases are either still pending or have been settled by the parties without addressing the underlying problem of bureaucratic delay. http://www.ofwguide.com/article_item-789/Remedy-for-Misrepresenting-Marital-Status.html 2007-12-26 The case of the prominent Filipino couple in Central Pennsylvania who are under deportation proceedings because of alleged visa fraud illustrates a common immigration problem among Filipino immigrant visa applicants. http://www.ofwguide.com/article_item-796/H-2B-Visas-Still-Available.html 2007-12-20 The United States Citizenship and Immigration Services (USCIS) has announced that as of December 4, 2007, H-2B visas are still available. Out of the 33,000 allotted for the second half of the current fiscal year, only 2,729 beneficiaries have been approved and 4,436 are pending. http://www.ofwguide.com/article_item-786/Increased-Arrest-and-Deportation-of-Undocumented-Aliens.html 2007-12-04 This is the time of year when most people are looking forward to the holidays and spending time with their families. But for many undocumented immigrants and their families, their holiday spirits are being dampened by the Department of Homeland Security�s (DHS) stepped-up arrests and deportation of aliens. http://www.ofwguide.com/article_item-783/Visa-Fraud---Waivers.html 2007-11-25 Obtaining a visa at many U.S. consulates can be very difficult especially given the high percentage of visa denials. A denial makes it more difficult to obtain a future visa. http://www.ofwguide.com/article_item-767/Senate-Approves-61-000-visas-for-RNs-and-PTs.html 2007-11-13 An amendment to provide additional 61,000 immigrant visa numbers for nurses, physical therapists and other Schedule A workers was passed by the Senate last week. http://www.ofwguide.com/article_item-752/Don-t-Overlook-Character-Requirement-in-Naturalization.html 2007-10-30 Lack of good moral character is a ground for denying a naturalization application. As to what constitutes good moral character is a question for the United States Citizenship and Immigration Services (USCIS) examiner to determine.He has to evaluate the applicant�s claim of good moral character on a case-by-case basis. http://www.ofwguide.com/article_item-759/Green-Card-Eligibility-Despite-Overstaying-or-Unauthorized-Employment.html 2007-10-26 Individuals in the United States who are not in valid immigration status are often faced with a tough choice - try to get a Green Card and risk alerting immigration authorities as to their presence or stay �under the radar� for the foreseeable future without lawful immigration status. http://www.ofwguide.com/article_item-757/Card-Replacement-Rule-Not-Yet-Final.html 2007-10-18 Last August 22, the United States Citizenship and Immigration Services (USCIS) issued a proposed rule requiring holders of green cards without expiration dates to apply for a replacement. http://www.ofwguide.com/article_item-725/Court-Finds-Reinstatement-of-Prior-Deportation-Order-Improper.html 2007-10-14 There are limits to the power of the Department of Homeland Security to reinstate prior removal orders. That was the conclusion from the United States Court of Appeals for the Tenth Circuit in Valdez-Sanchez v. Gonzales when it held that section 241(a)(5) of the Immigration & Nationality Act (INA) which permits DHS to reinstate prior orders of removal is impermissibly retroactive under certain circumstances. http://www.ofwguide.com/article_item-733/Visa-Lawsuit-Will-Benefit-Rejected-Applicants.html 2007-10-02 The class action lawsuit against the Department of State and the USCIS that the American Immigration Law Foundation (AILF) promised last week to file is now being filed. http://www.ofwguide.com/article_item-749/Philippines-is-4th-in-Labor-Certification-Approvals.html 2007-09-24 The Philippines ranked 4th in the number of permanent labor certifications issued last year, according to a performance report released last month by the U.S. Department of Labor. 4,601 certifications were given to Filipinos, comprising 5.7 percent of the worldwide total. http://www.ofwguide.com/article_item-693/Green-Card-in-One-Year.html 2007-09-10 With the long delay in the processing of family-based and 3rd preference employment-based visas, a viable option for investors who want to immigrate to the U.S. fast is the EB-5 category. http://www.ofwguide.com/article_item-732/Visa-Numbers-Available-in-September-and-October.html 2007-09-04 The employment-based first preference shows a cut-off date of January 1, 2007 for all countries while the second preference has a cut-off date of January 1, 2007 for most countries including the Philippines and Mexico. China and India have later cut-off dates of January 1, 2006 and April 1, 2004 respectively. http://www.ofwguide.com/article_item-724/Employer-Crackdown-.html 2007-08-26 The Department of Homeland Security (DHS) officially made public last August 15 its latest weapon against undocumented workers. Known as the �no match letter� regulation, it obligates employers to check the immigration status of their employees. The regulation takes effect on September 14 http://www.ofwguide.com/article_item-676/Better--More-Humane-Immigration-Bill-Mulled-in-the-New-Congress.html 2007-08-09 Lawmakers are working on a new version of the immigration reform bill that will allow nearly 12 million undocumented immigrants to apply for earned legalization, according to a recent New York Times report. http://www.ofwguide.com/article_item-692/Dilemma-of-the-Out-of-Status-RNs-and-PTs.html 2007-07-30 The visa retrogression that hit Schedule A occupations last November like registered nurses (RNs) and physical therapists (PTs) has made a tremendous impact on the influx of immigrant workers to the US. http://www.ofwguide.com/article_item-678/H-1B-Option-for-Teachers.html 2007-07-26 The teacher shortage in the U.S. continues to this day and to alleviate this problem schools have been recruiting English-speaking teachers abroad to fill the need especially in such areas as math, science and special education. http://www.ofwguide.com/article_item-675/H-1C-Nursing-Relief-Extension-Not-Enough.html 2007-07-22 When the December Visa Bulletin indicated that Schedule A visas for registered nurses (RNs) and physical therapists ran out, many wondered if the sitting members of Congress would do anything at all to keep the understaffing situation in US hospitals from getting any worse. http://www.ofwguide.com/article_item-710/US-Nurse-Licensure-Test-in-Manila-Starts-August-23.html 2007-07-18 The National Council of State Boards of Nursing (NCSBN) announced recently that the NCLEX testing for foreign nurses in Manila will begin August 23 at the international Pearson Professional Center, with the scheduling for the tests to start on July 13. http://www.ofwguide.com/article_item-685/R-A-MEETS-WITH-CONGRESSMAN-REGARDING-IMMIGRATION-REFORM.html 2007-07-14 Reeves & Associates met with Congressman Howard L. Berman last week to discuss immigration reform, including earned legalization of undocumented aliens and the DREAM Act. Attorneys Robert L. Reeves and Elsie Arias, along with other prominent immigration lawyers and community activists, responded to the Congressman�s legislative update and advised him of specific issues concerning the immigrant community. http://www.ofwguide.com/article_item-705/Senate-Republicans-Kill-Immigration-Bill.html 2007-07-04 The Nation�s capital braced itself for another day of stifling 96-degree summer heat and humidity. In the Senate, another heated debate on Immigration reform was brought to a head by Republican Senators who voted to kill the immigration bill dousing hopes for millions of immigrants. http://www.ofwguide.com/article_item-694/Long-Wait-Briefly-Over-for-Skilled-Workers--EB-3-Visa-Numbers-Available-in-July.html 2007-06-20 Visa numbers for Filipino workers under the employment-based third preference category (EB-3) will be available in July, according to a State Department release yesterday. http://www.ofwguide.com/article_item-673/New-PT-Graduates-need-a-Master-s-Degree-to-Immigrate.html 2007-06-09 Our firm represents medical service facilities and healthcare professionals throughout the US. This includes physical therapists (PTs) who are either immigrating or coming to work in the US on a temporary basis. A new question that is being asked by PTs is, �Why am I not getting my Visa Screen Certificate? I�ve been told I need a master�s degree.� http://www.ofwguide.com/article_item-659/Supreme-Court-Rules--Not-All-Felonies-are-Aggravated-Felonies.html 2007-06-01 Before addressing the substantive arguments, the Supreme Court noted the different treatment non citizens received by the different Courts of Appeal around the country and felt that the Supreme Court should settled the issue once and for all. Writing for the eight Justice majority, Justice Souter got right to the point - �the question raised is whether conduct made a felony under state law but a misdemeanor under the Controlled Substance Act is a �felony punishable under the Controlled Substance... http://www.ofwguide.com/article_item-672/Relief-For-Children-Who--Age-Out--Under-the-Child-Status-Protection-Act.html 2007-05-26 On December 5, 2006, the Los Angeles District Office of United States Citizenship and Immigration Services granted the application of a Reeves & Associates� client to recapture the priority date of an immigrant visa petition previously used by his mother http://www.ofwguide.com/article_item-658/Immigration-Rights-of-Illegitimate-Children.html 2007-05-20 The most favored route to immigration in the US among Filipinos is family sponsorship. In determining who can sponsor or be sponsored, it is important to clarify the legal definition of �child,� at least for the purpose of US immigration. http://www.ofwguide.com/article_item-656/Guest-Workers-Under-Immigration-Reform.html 2007-05-08 Democrats and Republicans have taken opposing views on many important issues facing our country, but our congressional representatives are united in agreement on one idea � our immigration system is broken and in need of major reform. How best to repair the system, however, has been a source of much debate. http://www.ofwguide.com/article_item-629/Safe-Haven-in-the-United-States.html 2007-04-24 Immigrants fleeing persecution in their home country can find a safe haven in the United States. The U.S. grants asylum to individuals who have been persecuted or fear persecution on account of their race, religion, nationality, membership in a particular social group, or their political opinion. http://www.ofwguide.com/article_item-628/Applicants-For-Green-Cards-Get-A-Second-Chance-In-Court.html 2007-04-20 The U.S. Citizenship and Immigration Services (�USCIS�) recently announced a change in its policy-It is now placing some people with denied adjustment of status applications in removal proceedings before the immigration court in order to deport them from the United States. http://www.ofwguide.com/article_item-595/H-3-Option-for-Foreign-Trainees.html 2007-04-10 Under the H-3 visa, US companies and institutions bring in foreign temporary workers for training in an established training program for a maximum period of two years. These workers may otherwise qualify for a B-1 visa if salary comes from outside the US or a J-1 visa if under a J program. The spouse and children of the H-3 visa holder may accompany the worker under the H-4 visa. http://www.ofwguide.com/article_item-627/Indefinite-Detention.html 2007-04-04 On October 2, 2006, the federal government issued new rules for reviewing an order by Immigration Judges to release people arrested for immigration violations from the custody of the United States Department of Homeland Security (DHS). Those new rules limit the federal government�s ability to continue to hold arrestees for immigration violations while DHS officials contest an Immigration Judge�s decision to release that person on bond or on conditional parole. http://www.ofwguide.com/article_item-625/More-Immigrant-Visas-in-One-Month.html 2007-03-29 On September 25, 2006 the USCIS began the option for expediting immigrant visa petitions for additional categories of immigrants. The expedited program is now available for EB-1 or outstanding professors and researchers; EB-2 or members of professions with advanced degrees or exceptional ability who are not seeking a National Interest Waiver; and the two previous employment-based categories known as the EB-3 Professional and the EB-3 Skilled Worker. http://www.ofwguide.com/article_item-624/Update-on-Labor-Certification-Backlog-Centers.html 2007-03-19 Prior to the implementation of the new labor certification system known as Program Electronic Review Management (PERM), labor certifications were filed either as Reduction in Recruitment (RIR) or traditional recruitment. http://www.ofwguide.com/article_item-626/USCIS-Case-Transfers-Could-Cause-Confusion.html 2007-03-11 The US Citizenship and Immigration Services (USCIS) approaches the processing of applications for immigration benefits from the standpoint of a service provider oriented toward customer satisfaction. http://www.ofwguide.com/article_item-606/Immigrant-Visas-in-One-Month.html 2007-02-04 On August 28, 2006 the USCIS began offering employers the option for expediting immigrant visa petitions for workers. Since this date, we received many inquiries about this program. There are incorrect rumors and myths flying about and we believe it is important to set the record straight. http://www.ofwguide.com/article_item-557/Remedy-for-Erroneously-Closed-Labor-Certification-Cases.html 2007-01-27 Labor certification applications that have been languishing in the pipeline for years are now being processed in earnest by the backlog elimination centers in Philadelphia and Dallas. There are thousands of cases filed under the traditional and reduction-in-recruitment modes that have been pending since 2001. http://www.ofwguide.com/article_item-591/US-Immigration-Steps-Up-Detention-of-Non-Citizens.html 2007-01-11 Immigration officials are now more likely to detain non-citizens including Legal Permanent Residents subject to removal. Individuals are subject to removal if they have a prior criminal conviction or have an outstanding order of deportation. http://www.ofwguide.com/article_item-556/New-Law-for-K-1-Fianc-s.html 2007-01-07 United States Citizenship and Immigration Services recently announced new policy changes aimed at ensuring compliance with the International Marriage Brokers Regulation Act of 2005. Under U.S. immigration laws United States citizens may petition foreign national fianc�s for K-1 visas. http://www.ofwguide.com/article_item-552/Arriving-Aliens-in-Removal-Proceedings-can-Adjust-Status.html 2007-01-03 Arriving aliens in removal (deportation) proceedings can now adjust their status to lawful permanent resident before the U.S. Citizenship and Immigration Services (USCIS) under new regulations issued by the Department of Homeland Security (DHS). The interim regulations, which follow conflicting decisions by six different federal appellate courts, implement the more positive interpretation held by the Ninth Court of Appeals last year in Bona v. Gonzales. http://www.ofwguide.com/article_item-551/Immigration-through-a-Misrepresentation.html 2006-12-28 Once in possession of a green card, the alien usually seeks to reunite his family. The actions he takes make a bad situation worse. Some aliens go home and re-marry their spouse and file a petition on the spouse�s behalf. Some wait for five years, apply to become a U.S. citizen and then file the family petition. More often than not, the result of these actions is that the alien finds himself in immigration court. The government tries to take back the green card and deport the alien. http://www.ofwguide.com/article_item-457/Reinstatement-of-Family-Petition-When-Petitioner-Dies.html 2006-12-12 Generally, an approved family-based petition is considered automatically revoked upon the death of the petitioner. However, the approval may be reinstated for humanitarian reasons. http://www.ofwguide.com/article_item-568/Fraud-in-Religious-Worker-Cases.html 2006-12-06 Apart from the usual avenues for immigration to the United States such as through family sponsorships or through the employment-based third preference category for skilled and unskilled workers, many Filipinos fall under the religious worker classification. http://www.ofwguide.com/article_item-592/Is-RP--Really--Not-Good-Enough-for-NCLEX-.html 2006-12-02 There is no denying the fact that the leakage in the Philippine nursing licensure exam will make it more difficult for advocates to make their case for setting up an NCLEX-RN testing site in the Philippines. http://www.ofwguide.com/article_item-364/9th-Circuit--Finds-that-Arriving-Alien-can-Adjust-Status-in-Court.html 2006-11-26 Last October 2005, in Bona v. Gonzales, the Ninth Circuit Court of Appeals issued a decision adopting the holding of Succar v. Ashcroft, a landmark decision from the First Circuit. Bona v. Gonzales not only opens real doors of relief for arriving aliens in removal proceedings, but also sends a clear message that invalid regulations can be successfully challenged in court. http://www.ofwguide.com/article_item-567/Possible-Relief-for-Aged-out-Children-under-CSPA.html 2006-11-22 The Child Status Protection Act (CSPA) was passed by Congress on August 6, 2002 to provide immigration relief to families. One of the best-known provisions of CSPA provides a formula that amends the immigration law definition of, �child.� Before CSPA, a child was defined as the unmarried son or daughter under the age of 21. http://www.ofwguide.com/article_item-569/Reinstatement-of-Removal-Orders.html 2006-11-14 Section 241(a)(5) of the Act allows the Attorney General to reinstate removal orders against aliens who have reentered the U.S. illegally after having been removed or having departed voluntarily, under an order of removal. The prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed. http://www.ofwguide.com/article_item-458/Guarding-Filipino-American-Gains-as-Senate-Bill-Goes-to-Conference.html 2006-11-10 American Immigration Lawyers Association (AILA) President Deborah Notkin admits that the bill is �not perfect,� citing harsh provisions that impinge on due process rights. Notkin points to the silver lining, however, and notes that the bill is a step toward fixing the broken immigration system, family reunification, refugee protection and border security. http://www.ofwguide.com/article_item-553/USCIS-Issues-New-Memo-Concerning-Affidavit-of-Support-Requirements.html 2006-11-06 On November 23, 2005, USCIS headquarters in Washington, D.C. issued a policy memorandum concerning affidavits of support (Form I-864), allowing a sponsor of an applicant applying for adjustment of status to submit his tax returns for only the most recent year, rather than for each of the three previous tax years. This will be a tremendous benefit to sponsors, as now they need only one tax return (for the current tax year), rather than having to submit tax returns for the previous three years. http://www.ofwguide.com/article_item-478/Can-you-still-file-for-H-1B-.html 2006-11-02 The H-1B cap for fiscal year 2007 was reached last May 26�about four months before the numbers become available when the US Citizenship and Immigration Services (USCIS) begins its fiscal year on October 1. This means the USCIS is no longer accepting petitions for H-1B as it had determined that those in the pipeline would exhaust the H-1B cap for fiscal year 2007. With the cap reached, many employers who need the foreign professionals are wondering if it is still possible to file for H-1B. http://www.ofwguide.com/article_item-531/Labor-Certification-Documents-for-Domestic-Workers.html 2006-08-30 The labor certification process for so-called �household domestic service workers� varies slightly to the extent that specific documents are required to be kept by the employer in the PERM audit file. http://www.ofwguide.com/article_item-530/File-Petitions-ASAP-To-Get-in-Line.html 2006-08-23 It would seem that efforts to put off immigration reform legislation are under way, even as the American public expects this Congress to squarely deal with the undocumented population and border security. http://www.ofwguide.com/article_item-465/Latest-Advisory-on-RNs-and-Student-Visas.html 2006-06-08 Applicants are required to respond within 30 days to the NOID, otherwise, the application will be denied. The Visa Screen certificate is required under the law to establish that the foreign health worker is eligible to enter the United States as an immigrant at the time of the adjustment of status application is filed. http://www.ofwguide.com/article_item-435/Knowing-Your-Rights-in-a-DHS-Crackdown.html 2006-05-20 First of all, every person has the right to remain silent. This means, whether a person is a US citizen or not, he has the right not to answer questions from a law enforcement officer or other government agent. http://www.ofwguide.com/article_item-362/Administrative-Courts-Rule-on--AC21-Portability.html 2006-05-10 Two administrative courts have recently restricted the conditions under which immigrant workers can port to a new employer while preserving their employment-based applications for adjustment of status. http://www.ofwguide.com/article_item-437/The-Day-without-Immigrants.html 2006-05-02 The May 1 immigration reform boycott, dubbed, �Day Without Immigrants� has drawn mixed feelings among immigrant rights proponents. http://www.ofwguide.com/article_item-414/Accessing-Federal-Agency-Records.html 2006-04-10 Federal agency information is disclosed upon a receipt of a written FOIA request which contains a full description of the records to be obtained and identifying information (full name and the alien registration number, if known). http://www.ofwguide.com/article_item-420/Senate-Leader-Rushes-Harsh-Immigration-Bill.html 2006-03-31 The rush to come up with a �restrictionist� bill has caught up with the Senate anew when Senate Majority Floor Leader Bill Frist (R-TN), introduced his own bill on March 16. http://www.ofwguide.com/article_item-411/Sign-Up-for-Immigration-Reform.html 2006-03-14 We need to launch a petition campaign wherein we would sign up as organizations. The petition will be mailed to President George Bush and to the Committee members. http://www.ofwguide.com/article_item-293/You-can-petition-illegitimate-child--not-fiancee.html 2006-03-13 I am a green card holder, and I filed a petition for my unmarried son. It was approved in the F-2B category (single adult child of green card holder). Last year, his live-in girlfriend got pregnant, and they now have a baby. http://www.ofwguide.com/article_item-283/Petitions-by-Stepparents.html 2006-03-09 Recently, a woman came to my office, wanting to petition her minor, unmarried child. She is a green card holder, and her child is in the Philippines. If she were to petition her child as a green card holder, it would take about 4-6 years before she could join her in America. http://www.ofwguide.com/article_item-408/US-Senate-Buckles-Down-to-Work-on-Immigration-Reform.html 2006-03-09 The Senate Judiciary Committee has begun the debate on the long overdue immigration reform initiative. http://www.ofwguide.com/article_item-344/Risks-in-Filing-for-Visitor-s-Extension.html 2006-03-01 I arrived in the US about five months ago on my 10-year multiple visitor�s visa. I was given six months to stay, but would like to extend my visit. Do you see any problems with applying for an extension? http://www.ofwguide.com/article_item-345/Is-U-S--residency-required-to-immigrate-my-family-.html 2006-02-03 U.S. citizens who reside abroad frequently encounter problems when immigrating their foreign spouse and children to the United States. http://www.ofwguide.com/article_item-300/Severe-Retrogression-in-Employment-Based-Immigrant-Visas.html 2006-01-26 According to the State Department�s visa bulletin for October 2005, certain employment immigrant visa categories will experience severe retrogression in visas available. http://www.ofwguide.com/article_item-593/Avoiding-the-B-1-B-2-Extension-Trap.html 2006-01-15 B-1/B-2 visas are the most common non-immigrant visas used for temporary entry into the United States. B-1 visas are typically used for business-related visits while B-2 visas are used for pleasure-related visits. With few exceptions, those who enter the U.S. must be in possession of a visa granted by a U.S. consulate abroad. http://www.ofwguide.com/article_item-384/What-Happens-to-My-H-1B-Visa-if-My-Company-goes-out-of-Business-.html 2006-01-06 Once an H-1B non-immigrant alien�s services for the petitioning U.S. employer are terminated, the alien is no longer in a valid non-immigrant status, even if the alien�s H-1B visa is valid for a period beyond the termination date. http://www.ofwguide.com/article_item-550/Ability-to-Pay-Foreign-Worker-s-Salary.html 2006-01-03 Many small businesses require the services of foreign professionals, skilled and unskilled workers to survive in an increasingly cut-throat economic atmosphere. http://www.ofwguide.com/article_item-251/The-Dangers-of-Travelling-on-Advance-Parole.html 2005-12-07 Many Filipinos who are illegal in the U.S., dream of visiting friends and relatives in the Philippines. They mistakenly believe that advance parole �guarantees� that they can return to the U.S. after their trip abroad. http://www.ofwguide.com/article_item-266/Can-Relatives-Petition-Family-Members-.html 2005-12-03 My American Citizen sister would like to petition me but it would take many years to get a green card through a family petition. She also has a very successful business and would like to petition me as her employee through an employment based petition. Is there anything illegal if a relative petitions a family member for a green card through labor certification? http://www.ofwguide.com/article_item-255/Would-Marriage-Hurt-My-Petition---Part-II-.html 2005-11-11 Here are some more situations dealing with the effect of a marriage on a person�s eligibility for a visa. http://www.ofwguide.com/article_item-355/The-Problem-With-Listening-to-a-Friend-s-Advice.html 2005-10-22 Many people rely on the advice of friends or relatives for their immigration problems, rather than consulting an attorney. Often, a friend�s �advice� is wrong, can mess up a person's immigration situation, and can put a person in an even worse position than if they had done nothing at all. http://www.ofwguide.com/article_item-354/Immigration-Reform-Proposals-in-U-S--Senate.html 2005-10-20 Reform of our immigration laws has been a central issue in the United States for a number of years. The subject of how to deal with undocumented immigrants living and working in the U.S. has been fiercely debated throughout the government. http://www.ofwguide.com/article_item-282/Is-it-Legal-to-Work-with-a-Tourist-Visa.html 2005-10-12 Would you accept it if a recruitment agency offers to help you to go to another country with a tourist visa? http://www.ofwguide.com/article_item-297/Temporary-Work-Visas-for-Nannies.html 2005-09-18 Nannies may work in the US under a temporary visa called the H-2B, which allows a foreign worker to enter the US to perform non-agricultural labor on a temporary basis. http://www.ofwguide.com/article_item-287/More-H-1Bs-Needed-to-Keep-America-Competitive.html 2005-09-01 On August 12, 2005, the US Citizenship and Immigration Services (USCIS) announced that it could no longer process H-1B petitions for Fiscal Year (FY) 2006 that were received after August 10, 2005. http://www.ofwguide.com/article_item-265/Green-Card-Option-for--Extraordinary--Individuals.html 2005-08-09 There are a number of options available for people seeking to permanently immigrate to the United States. Many of these options are available to individuals who are a member of a particular profession or group. http://www.ofwguide.com/article_item-253/Would-Marriage-Hurt-My-Petition---Part-I-.html 2005-08-05 I am single and under petition. I have a common-law spouse, whom I would like to marry, but I am receiving conflicting advice and information about whether it�s OK to marry, and the effect that marriage would have on my petition. http://www.ofwguide.com/article_item-194/Some-law-vs-illegal-recruitment-unconstitutional.html 2005-07-03 A Manila court judge declared some of the illegal recruitment provisions of the Migrant Workers Act unconstitutional almost 10 years after a case challenging the law's constitutionality was filed. http://www.ofwguide.com/article_item-238/Greencards-for-Abused-Spouses-and-Children.html 2005-06-22 The Violence Against Women Act (VAWA) provides a safe haven for these individuals by allowing them to escape these abusive relationships and to file an immigrant petition on their own behalf. http://www.ofwguide.com/article_item-229/Divorce-Your-Spouse-Instead-of-Killing-Her.html 2005-06-03 Under both Philippine and U.S. law, only unmarried persons could enter into a marriage. Thus, if you have a subsisting marriage, all your marriages that follow would be void and of no effect. http://www.ofwguide.com/article_item-241/20-000-Add-l-H-1B-Visas-Available.html 2005-05-15 The U.S. Citizenship and Immigration Services (USCIS) has finally released regulations regarding the release of 20,000 additional H-1B visas for fiscal year (FY) 2005 created by the H-1B Visa Reform Act of 2004. http://www.ofwguide.com/article_item-239/New-TV-Show-on-Immigration-Information.html 2005-05-06 In an effort to reach Filipinos worldwide, Atty. Gurfinkel decided to team up with ABS-CBN and The Filipino Channel (TFC), for a new TV show, devoted to U.S. immigration issues and topics. http://www.ofwguide.com/article_item-193/Singapore-s-new-law-vs-immigration-crimes.html 2005-04-27 According to DFA, Singapore government imposed stricter immigration rules raising penalties for forged passports, overstaying aliens, and similar crimes. http://www.ofwguide.com/article_item-230/Some-Frequently-Asked-Questions-About-the-Confusion-Over-PERM.html 2005-04-15 Was March 28, 2005 a criticial deadline which must have been met to get a green card in the States? Can you get a green card in a few months with PERM or the "Program Electronic Review Management� system? http://www.ofwguide.com/article_item-226/The-April-2005-Priority-Dates.html 2005-03-27 Here are the new priority dates for Filipinos who want to petition for the States: greencard holders, employers, work permits, family category, citizens, and labor certification. http://www.ofwguide.com/article_item-225/A-Fraudulently-Obtained-Greencard-Does-NOT-make-you-legal.html 2005-03-21 Just because the Embassy or USCIS did not catch your misrepresentation during your own immigrant visa processing years ago does not mean your green card is �legal� or was legitimately obtained. http://www.ofwguide.com/article_item-199/EU-may-introduce-migrant-green-cards.html 2005-03-18 A European Commission ideas paper proposes measures to deal with short-term labor shortages to a longer-term solution for attracting workers similar to the American green card. http://www.ofwguide.com/article_item-223/No-secrets-to-US-immigration-consultants.html 2005-03-12 Many people come to me, after having their case messed up by an immigration consultant. They tell me that some of these immigration consultants claimed that they know shortcuts, or �secret immigration laws� that only they have access to. They lure people into believing they can obtain green cards, even if the person is not qualified. http://www.ofwguide.com/article_item-184/Visa-Retrogession--what-is-it-.html 2005-02-06 The excess in demand for visas has resulted in what we call the "Visa Retrogression". Read Atty. Reeve's explanation on the details of this retrogression. http://www.ofwguide.com/article_item-178/The-truth-about-the-US-Visa.html 2005-01-31 An article from the US embassy in the Philippines explains the real score on visa applications http://www.ofwguide.com/article_item-198/No-More-Work-Visas-for-2005.html 2005-01-19 USCIS or U.S. Citizenship and Immigration Services (former INS) said H-2B cap of 66,000 available work visas for 2005 was met last January 6. http://www.ofwguide.com/article_item-192/No-definite-starting-date-for-Japan-s-stricter-policy-for-entertainers.html 2005-01-17 The date for implementing the new Japanese policy restricting the entry of foreigners, especially entertainers seeking employment in Japan, is unknown to the Department of Foreign Affairs. http://www.ofwguide.com/article_item-185/US-Rep-asks-help-for-nurses.html 2005-01-12 Rep. Tom Lantos (D, San Mateo, San Francisco) vowed to undo the visa blockade for nurses from around the world. http://www.ofwguide.com/article_item-188/DOLE--US-has-NOT-stopped-issuing-visas.html 2004-12-31 Acting Secretary Manuel Imson denied reports that the US has stopped issuing H1-B visas to foreign workers. http://www.ofwguide.com/article_item-173/Cut-off-Announced-in-the-Availability-of-U-S--Visas.html 2004-12-19 On December 8, 2004, the US government released the immigrant visa availability numbers for the month of January 2005. http://www.ofwguide.com/article_item-140/Naturalization-Requirements-for-US-Citizenship.html 2004-12-05 In an era of heightened enforcement, becoming a U.S. citizen is a dream that most immigrants have. http://www.ofwguide.com/article_item-136/The-E-2-Treaty-Investor-Visa--Show-Me-the-Money-.html 2004-11-30 The United States Congress created a provision in the Immigration and Nationality Act of 1952 permitting certain foreign nationals who invested in the United States to obtain a temporary work visa, now known as the E-2 visa http://www.ofwguide.com/article_item-144/Reeves-And-Associates-Establishes-New-Relief-For-Thousands-Of-V-Visa-Holders.html 2004-10-31 Immediate relief is now available to tens of thousands of V2-Visa holders who were wrongfully denied employment authorization http://www.ofwguide.com/article_item-138/Warning-Regarding-Drug-Use-Admissions.html 2004-10-19 All immigrants should be aware of the danger that experimentation in their youth with marijuana, narcotics, and other illegal drugs poses to their petitions for immigration benefits http://www.ofwguide.com/article_item-133/New-Hope-for-Aliens-Ordered-Deported.html 2004-09-27 Deported aliens may now have permission to re-apply for admission while in the United States http://www.ofwguide.com/article_item-128/Certifications-Now-Needed-For-U-S--Healthcare-Workers.html 2004-09-14 On July 25, 2004 certain healthcare workers who wish to work in their field in the U.S. will be required to produce health care worker certifications http://www.ofwguide.com/article_item-115/DOLE-Assures-Benefits---Safety-of-OFWs-Bound-for-Middle-East.html 2004-08-05 The abduction of truck driver, Angelo de la Cruz has pushed for stricter rules. The Department of Labor and Employment issued stricter guidelines for OFWs heading in Middle East. http://www.ofwguide.com/article_item-100/How-do-Nurses-get-Green-Cards-.html 2004-06-25 This article will explain common issues raised by RNs ( Registered Nurses) who want to obtain their green cards in the U.S. through employment sponsorship. http://www.ofwguide.com/article_item-93/Visa-Focus--US-Student-Visas-and-Exchange-Student-Visa.html 2004-06-13 USA is home to prestigous schools and universities namely Harvard, Yale and Princeton. For those who are planning to get their education in US, there are 3 kinds of student visas that can help you http://www.ofwguide.com/article_item-92/Visa-Focus--US-B1-B2-Visa.html 2004-05-28 WorkAbroad.ph will be featuring a series of articles focusing on the different Visas available worldwide. Let's begin with the most common Visa of all: The US B1/B2 visa http://www.ofwguide.com/article_item-78/Physical-Therapists---Frequently-Asked-Questions.html 2004-04-14 Graduation time for Physical Therapists (PTs) is closely approaching. I know that this is an exciting time for graduates and the question of what shall I do next is the foremost on many minds. This can be a frightening time for many who are not sure where opportunity now lies for them. http://www.ofwguide.com/article_item-76/Working-Temporarily-in-Canada.html 2004-03-26 Every year over 90,000 foreign workers enter Canada working temporarily to help Canadian employers address skill shortages in Canada. Citizenship and Immigration Canada (CIC) and Human Resources Development Canada (HRDC) ensure that these workers will support economic growth in Canada and create more opportunities for all Canadian job seekers. http://www.ofwguide.com/article_item-72/No-H-1Bs--Now-What-.html 2004-03-09 Many of us are all too familiar with the fact that the H-1Bs visa cap for the year 2004 has been exhausted. The Federal Government�s 2005 fiscal year will begin on October 1, 2004. This date sets the start of new H-1B numbers becoming available. http://www.ofwguide.com/article_item-65/Bush-Pushes-for-Sweeping-Immigration-Reform.html 2004-02-10 U.S. immigration law today only allows for workers who are meeting a seasonal need or in specialty occupations to come to the U.S. to work temporarily. The new law would allow thousands of new occupations to be sponsored. http://www.ofwguide.com/article_item-58/Additional-Insurance-for-Iraq-Bound-Workers.html 2004-02-03 All Iraq-bound workers shall be covered with additional life and accident insurance worth Php 200,000.00 as provided for in the POEA Governing Board Resolution. http://www.ofwguide.com/article_item-61/I-Want-to-Work-in-the-U-S--as-a-Physical-Therapist.html 2004-01-27 Question:I am a physical therapist (PT) and I hear that it takes the U.S. Consulate in Manila over two years to process my green card application by my employer in the U.S.? Is this true, and if so how can the Consulate expect my employer to hold the job position open for two years? http://www.ofwguide.com/article_item-57/Guest-Worker-Legalization-Programs.html 2004-01-16 Question: I have heard that new legislation is being introduced to Congress regarding guest worker programs and legalization. Is this true and what types of programs are being discussed? Answer: There are two recently introduced bills moving through Congress which attempt to address the issue of undocumented workers in the United States. http://www.ofwguide.com/article_item-52/FAQs-on-Canadian-Citizenship.html 2003-12-26 Many Filipinos are enrolled to caregiver schools in the hope of landing a job in Canada. This, as we all know, is but a step to a bigger dream and that is to grab a citizenship grant. Ever wonder what it takes to be a Canadian citizen and what requirements you have to meet to be one? Read this. http://www.ofwguide.com/article_item-35/Primer-on-Overseas-Absentee-Voting.html 2003-10-31 Republic Act No. 9189, also known as "The Overseas Absentee Voting Act of 2003", is the law that ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of their right to participate in the election of President, Vice-President, Senators and Party-List Representatives. http://www.ofwguide.com/article_item-31/Working-In-Australia---The-Basics.html 2003-10-24 If you�re thinking of getting a job in the Land Down Under, this article is a useful guide to the documents that will be required of you. http://www.ofwguide.com/article_item-30/US-Working-Visa-Information.html 2003-10-10 Thinking about working in the US? Whether you�re interested in a short-term or long-term career in the United States, a Working Visa will still be required. The requirements and application process may be found here. http://www.ofwguide.com/article_item-29/Consider-Canada---Immigration-Information.html 2003-10-08 Canada can be a great place to work. Many Filipinos have tried their luck there and are enjoying a comfortable way of life in many of its cities. If you�re thinking of working in Canada as well, here is a useful guide regarding immigration. http://www.ofwguide.com/article_item-22/The-Labor-Code-of-the-Philippines--Sections-Dealing-with-Overseas-Employment.html 2003-10-05 The Labor Code of the Philippines: Presidential Decree no. 442, as amended. A decree instituting a Labor Code thereby revising and consolidating labor andsocial laws to afford protection to labor, promote employment and human resources development and insure industrial peace based on social justice. http://www.ofwguide.com/article_item-4/Law-on-Retrenchment.html 2003-10-01 Question: I am engaged in the business of manufacturing and exporting garments. However, due to the global recession, orders from clients outside the Philippines have decreased by almost 40%. I�m now thinking about laying-off some of my employees, most of whom have been in service for at least five (5) years. Can this be done? What are the legal requirements? What benefits would the employees affected be entitled to? http://www.ofwguide.com/article_item-21/Republic-Act-8042--Migrant-Workers-and-Overseas-Filipinos-Act-of-1995.html 2003-09-28 An act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for other purposes. http://www.ofwguide.com/article_item-11/Entering-into-Valid-Contracts.html 2003-08-18 Question: I am a businessman in the Philippines. My business partner drafts our contracts himself, and says that contract drafting is all a matter of putting our agreements in writing. How do I make sure that our contracts meet legal requirements? http://www.ofwguide.com/article_item-840/Anticipating-the-H-1B-Rush.html 0208-03-17 In anticipation of the rush of H-1B filings on April 1, the United States Citizenship and Immigration Services (USCIS) has come up with a list of measures to guide employers.