August 2015

Human Rights Defenders

Introduction

Dear Reader,

Starting today, your newsletter will feature a Question and Answer section. Thus you will have the opportunity to submit any immigration questions, which Attorney Shahzad Ahmed will answer for you.

In addition, today's newsletter features various topics: an award presented to Attorney Ahmed; the fiancé visa; and in keeping with our Human Rights and tolerance theme, an article encouraging a balance between enforcement and the humane side of the immigration debate.

Enjoy your newsletter and share with as many as possible. And don't forget to invite your friends to Attorney Ahmed's Human Rights Defenders project at www.facebook.com/hrdefenders


Attorney Shahzad Ahmed awarded
The National Advocates Top 100 Lawyers

The National Advocates - Top 100 Lawyers Award

Attorney Shahzad Ahmed was awarded The National Advocates Top 100 Lawyers in 2015. According to The National Advocates Top 100, this award exemplifies "superior qualifications of leadership, reputation, influence and performance in their area of specialty."

Attorney Ahmed is Board Certified as an Expert by the Florida Bar in Immigration and Nationality Law. According to the American Bar Association, less than 8% of lawyers are certified as experts by a state or national certifying body. Attorney Ahmed has over 15 years of experience and is dedicated exclusively to the practice of immigration law. He was elected as the Orlando Regional Vice-Chair for the American Immigration Lawyers Association and liaison with the US Citizenship and Immigration Service (USCIS). Mr. Ahmed has handled thousands of immigration cases, including business and investor visas, family petitions and deportation cases. Attorney Ahmed is also a Human Rights Defender. Visit his project and invite your friends at www.facebook.com/hrdefenders

Shahzad Ahmed, Esq.
Partner at NeJame Law

189 S. Orange Avenue, Suite 1800
Orlando, Florida 32801
Phone:  (407) 500-0000
E-mail: ahmeds@nejamelaw.com


The Fiance Visa

The Fiance Visa

If you are an American citizen and you want your foreign fiancée to travel to the United States to marry you and live here, then you should consider the K-1 fiancé visa.

First, you must file a Petition for Alien Fiancée in the United States. After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé(e) will apply for a K-1 non-immigrant visa for a fiancée.

K1 Visa - Requirements

  • You must be a US citizen.
  • The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.
  • Both you and your fiancé(e) need to be unmarried. Otherwise, any previous marriages must have ended through divorce, annulment or death.
  • In general, the two people must have met in person within the past two years. However, some exceptions apply. If you and your fiancé(e) did not meet personally or used the services of an international marriage broker, you must explain, in detail, how your relationship was established.
  • The marriage must take place within 90 days of your fiancé(e) entering the United States. A fiancé(e) may not obtain an extension of the 90-day original admission.
  • The fiancé(e) visa petitioner must meet the minimum income requirement.
  • Your fiancé(e) must enter the U.S. within six months of receiving the fiancé(e) visa.
  • After marriage, your spouse must apply to become a permanent resident or to Adjust Status with the USCIS office that serves the area where you live in the United States, if she/he intends to live permanently in the U.S. Your fiancée will receive conditional permanent residence status for two years. After this period you can apply to remove the conditions.
  • The length of time to process a K-1 application varies from case to case according to its circumstances.
  • You may also apply to bring your fiancée's unmarried children, who are under age 21, to the U.S. Eligible children receive a K-2 visa.
The fiancé visa provides an alternative solution to marrying abroad when the couple intends to marry in the U.S.  Be sure to consult with an experienced immigration attorney about the best visa options for you.

In This Issue


Newsletter Issues
 

 

Today's article, "Taking the Hate out of Immigration" addresses the problem of xenophobia as it distorts the true issues of the immigration debate.

Taking the Hate Out of Immigration

~ Let not the hatred of any people swerve you from justice. ~ The Sustenance 5:8 (Qur'an)

Once again as we enter the political season, the opposition to immigrants is at a high pitch. Immigrants are stereotyped as "illegals" or "criminals." To many, the term "immigration" conjures up images of workers in the fields who have snuck through the border and live in the shadows. However, the xenophobic approach to immigration hurts the very ideals upon which our nation was founded.

For the undocumented immigrants already in the United States, we must use the due process of law, which is embedded within our jurisprudence. We must continue to grant hearings via immigration judges in order to determine who is legally entitled to stay. Also, the Department of Homeland Security has already implemented a system whereby it prioritizes for deportation, and even detention, those aliens that have committed serious crimes or violations. Those who violate our criminal laws face our criminal justice system and then the deportation procedure. In addition, Congress must come up with a reasonable bipartisan solution which upholds our ideals of justice and liberty while dealing equitably with the undocumented immigrants living amongst us.

For those who are attempting to enter our borders surreptitiously, we must deal with them swiftly but humanely. Our Customs and Borders Protection should continue to honor our multinational treaty obligations under the 1951 Refugee Convention, along with its 1967 Protocol. Refugees who articulate a credible fear due to the limited protected grounds, should be allowed a proper hearing for asylum. The relief of asylum does not extend to those who are solely fleeing poverty. In actuality, many refugees have a bona fide fear of being persecuted. Some are victims of human trafficking caused by the demand within the United States. Those who do not articulate a credible fear, are not victims, and who have no legal basis for being admitted to the United States, should be returned from the border. Moreover, our government should come up with along term preventative solutions to cure the problem of illegal entries. Our foreign policy with our neighbors and other countries should address the problem of illegal immigration. For example, our foreign aid can be made contingent upon the borrowing country's demonstration that it is curbing violent conditions within its borders which are causing refugees to flee to the United States.

It is also noteworthy that the economic contributions of aliens is often overlooked. In addition to the blue collar workers, which constitute an important part of our labor force, many immigrants are investors, entrepreneurs, doctors, engineers and other white collar workers. I represent many such clients. Thus stereotyping immigrants blurs the reality and prevents us from finding proper solutions.

Therefore, we must keep the name-calling and hate out of the immigration debate. We must recognize the human side of this issue and deal with immigrants with justice and due process of law. Do what you must, enforce the law, keep out the violators . . . but also take out the hate.

--Shahzad Ahmed is an Immigration Lawyer, certified as an expert by the Florida Bar, and a Human Rights Defender. To visit his project, see www.facebook.com/hrdefenders

Partner at NeJame Law
189 S. Orange Avenue, Suite 1800
Orlando, Florida 32801
Phone: (407) 500-0000
E-mail:
ahmeds@nejamelaw.com

 

Q&A - L-1 Business Visa

Q: Dear Immigration Counselors,
My brother in India runs a successful company for software engineering. He employs over 12 workers. He wants to start operations in the U.S. What is the best way to do this? --C.S.

A: Dear C.S,
Your brother should explore the possibility the L-1 Visa. L-1 visa is one of the most common non-immigrant work-related visas. It is available for foreign national executives, managers and other persons with specialized knowledge, who have been working for a non-U.S. company and the employer seeks to transfer to a U.S. company. The U.S. company must be the parent company, subsidiary, branch, affiliate or joint venture partners of the foreign company but does not have to engage in the same line of business as the foreign company. Your brother will need to establish such an entity in the U.S. Feel free to review the main requirements of the L-1.

As the L-1 has many complexities and technicalities, it is important to consult with an experienced immigration attorney.

-----------------

To ask Immigration Counselors your questions, please email ahmeds@nejamelaw.com

 

Your Visa Bulletin

The Immigrant Visa Bulletin of the U.S. Department of States shows which category of family and employment preferences have visas available and which have backlogs. Visit www.travel.state.gov to check the recent priority dates for Immigrant Visa Bulletin.

Be sure to review the most recent month.

www.ImmigrationCounselors.com
www.NeJameLaw.com

189 South Orange Ave. Suite 1800, Orlando, FL 32801 * Telephone: (407) 500-0000 * Fax: (407) 245-2980