Immigration

Are you Inadmissable?

by Fred Abramson

If you have found a basis for your green card, such as you are a part of a com­pany that trades with the United States and you plan on arriv­ing to the US to work here for your com­pany, your appli­ca­tion could still be denied.  unfor­tu­nately, the USCIS is able to deny your appli­ca­tion if they decide that you are \“inadmissible.\”

Indamiss­able means that there is some­thing about  you that the gov­ern­ment believes is not desir­able. For exam­ple, if you com­mit­ted a crime, you could be denied a visa.  The USCIS main­tains a list that sums up the basis of inad­mis­abil­ity and whether there is a waiver avail­able.  A waiver is a legal excuse and it can over­come grounds of inad­miss­abil­ity.

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Are you Inadmissable?

How To Prepare for your Immigration Interview

by Fred Abramson

How To Prepare for your Immigration Interview After fill­ing your paper­work with the United States Cit­i­zen­ship and Immi­gra­tion Ser­vice, you may have to attend an inter­view at US Con­sulate or at Immi­gra­tion office, such as 26 Fed­eral Plaza in Man­hat­tan or the Gar­den City field office on Stew­art Avenue.  Often this is your first con­tact with  per­son from the Immi­gra­tion ser­vice. It could be intim­i­dat­ing.  It doesn\‘t need to.  Here\‘s a quick guide of how to pre­pare for the interview.

Why an interview?

  • The USCIS has your appli­ca­tion and wants to ask fol­low up questions.
  • If you applied to get your green card through mar­riage, the immi­gra­tion offi­cer wants to make sure that the mar­riage is in good faith or real.
  • They will also ask ques­tions on your appli­ca­tion and look for incon­sis­tent statements.

How to Pre­pare for the Questioning

  • Read your appli­ca­tion and make sure every­thing is accurate
  • Bring with you a copy of the full appli­ca­tion along with all sup­port­ing doc­u­ments.  If you sub­mit­ted you appli­ca­tion on the basis of mar­riage, make sure to bring your wed­ding alblum.
  • Make sure that you know all the answers to your pre­vi­ously sub­mit­ted ques­tions from your application.
  • If you sub­mit­ted your appli­ca­tion based on fam­ily ties, be aware of all the finan­cial infor­ma­tion of your spouse and your sponsor.

How to dress:

  • Sim­ply put, dress like you are going to church or a reli­gious occa­sion.  Remem­ber, the immi­gra­tion offi­cial will be judg­ing every­thing about you, includ­ing the way you look. Avoid wear­ing baggy pants, t-shirts and jeans.
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How To Prepare for your Immigration Interview

Transferring a Intracompany Employee from Overseas to the US

by Fred Abramson

If your com­pany is look­ing to trans­fer an employee to the United States on a tem­po­rary assign­ment, an L visa may be the way to go. Here are the impor­tant pro­vi­sions for obtain­ing an L visa:

  1. The worker must have worked abroad for your com­pany for at least one year within the pre­ced­ing three years;
  2. The for­eign and the US com­pany must be part of the same \“qual­i­fy­ing organization\’;
  3. The worker must have worked in either a man­age­ment capac­ity, exec­u­tive capac­ity or have spe­cial­ized knowledge;
  4. The worker must come to the United States for a tem­po­rary period.

The L cat­e­gory has two parts: L-1 for the employee who wishes to trans­fer and L-2 for the trans­feree.  Be aware that the fam­ily mem­ber accom­pa­ny­ing the employee  can­not get employ­ment autho­riza­tion through an L-2.

Here are the pro­ce­dures for obtain­ing an L-1visa:

  1. The US employer must file a peti­tion to clas­sify the employee has a tem­po­rary worker.  The peti­tion requires evi­dence that your com­pany is a \“qual­i­fy­ing orga­ni­za­tion\” and spe­cific infor­ma­tion about the worker.
  2. Addi­tional evi­dence is needed if the worker is needed to open a new office.
  3. Be aware that there are spe­cial rules under NAFTA.
Transferring a Intracompany Employee from Overseas to the US

Family Sponsored Immigration — Immediate Relatives

by Fred Abramson

Family Sponsored Immigration Immediate Relatives

Of of the main objec­tives of the Immi­gra­tion sys­tem is to bring fam­ily mem­bers together. High pri­or­ity is given to fam­ily mem­bers of US cit­i­zens and per­ma­nent res­i­dents in immi­grat­ing to the United States. In addi­tion, their are spe­cial removal relief that is only avail­able to close fam­ily mem­bers of US citizens.

The high­est pri­or­ity is placed on immi­gra­tion of imme­di­ate rel­a­tive of United States Cit­i­zens.  Their are an unlim­ited num­ber of visas allot­ted to imme­di­ate rel­a­tives.  They include:

  • Spouses and minor chil­dren of US citizens
  • Par­ents and adult US cit­i­zens when the cit­i­zen is at least 21 years of age
  • Cer­tain Wid­ows and wid­ow­ers of deceased cit­i­zens and their children

Imme­di­ate rel­a­tives have cer­tain advan­tages in the immi­gra­tion process:

  • They can avoid the long wait for a visa
  • They are not barred for obtain­ing a visa for work­ing ille­gally, a fail­ure to main­tain a legal non-immigration sta­tus or a vio­la­tion in the terms of a prior visa does not bar such a rel­a­tive from obtain­ing per­ma­nent res­i­dency status.

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Family Sponsored Immigration Immediate Relatives

Immigration

by Fred Abramson

Immigration
Image by J. Stephen Conn via Flickr

Immi­gra­tion reform is in the news every­day. It is impor­tant to act now and con­sult with an attor­ney to guide you through the com­plex process of immi­gra­tion law.

As your per­sonal advi­sor, I will lead you and/or your com­pany through the maze of immi­gra­tion laws, pro­vid­ing com­mon sense solu­tions for aliens who want to work or immi­grate into the United States.   I have helped an array of dif­fer­ent com­pa­nies, such as those in the I.T. and import/export indus­tries obtain employ­ment visas for work­ers such as pro­gram­mers and mar­ket­ing spe­cial­ists. I have also suc­cess­fully obtained per­ma­nent res­i­dency and cit­i­zen­ship for indi­vid­u­als and their fam­i­lies from all over the world.

Immi­gra­tion sta­tus is usu­ally a mat­ter where time is of the essence.  Unfor­tu­nately, USCIS  is a gov­ern­men­tal agency with a back­log of hun­dreds of thou­sands of appli­ca­tions.  I will pro­vide a per­sonal road map with you and/or your com­pany so that your case will be resolved in the fastest pos­si­ble manner.

My immi­gra­tion prac­tice includes rep­re­sen­ta­tion for business/employment immi­gra­tion, family-based immi­gra­tion and depor­ta­tion. I pro­vide con­fi­den­tial advice relat­ing to immi­gra­tion and nat­u­ral­iza­tion, employ­ment, visas, cit­i­zen­ship, asy­lum and deportation.

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Immigration

New York Business Law and Civil Litigation

by Fred Abramson

In my world, suc­cess is when you fur­ther your  inter­ests. It’s as sim­ple as that.

Since 1997 I have advised small busi­ness own­ers about what they must know  before enter­ing into a con­tract so that they could limit their risk of fac­ing costly civil lit­i­ga­tion and bad press.  As a com­pany lawyer,  I tell busi­nesses own­ers and peo­ple what they should do if they have been sued.

I have suc­cess­fully rep­re­sented a range of New York com­pa­nies, from non-profits to exec­u­tive search firms, along with many peo­ple. I have lec­tured about busi­ness law for many dif­fer­ent groups, includ­ing  con­tin­u­ing legal edu­ca­tion classes for lawyers.

Take the first step. Con­tact me to get your New York Busi­ness Law and Civil Lit­i­ga­tion ques­tions answered by an expe­ri­enced lawyer with a deep under­stand­ing of the prob­lems you’re facing.

When you’re ready to take the next step you can begin the process online. If you’d like to sched­ule a free, no-obligation con­sul­ta­tion in my office you can call 24 hours a day, 7 days a week at 212–233-0666 or fill out the con­tact form below.

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