July 2015  

Defending Asia Bibi -- A Glimmer of Hope

~Speak up for those who cannot speak for themselves; ensure justice for those being crushed. ~ Proverbs 31:8 (NLT)

On July 21st, Attorney Shahzad Ahmed, filed a complaint with the Human Rights Cell of the Pakistani Supreme Court in the case of ASIA BIBI, who has been sentenced to death under Pakistan's inhumane blasphemy law. To read the background of this case, read Attorney Shahzad Ahmed's article, www.nejamelaw.com/articles/time-running-short-to-save-asia-bibi.html

In his complaint, Attorney Ahmed argued in part that Section 295-C of the Pakistan Penal Code violates the UN Declaration of Human Rights, of which Pakistan is a signatory, and other international documents, which call for the freedom of thought, religion and expression. Further, the case lacks evidence.

Subsequently, the Supreme Court temporarily suspended Bibi's death penalty and is reviewing the conviction as a whole Of course, there are other persons and NGO's who have been pressuring Pakistan on this issue as well.

The task of Defending Asia Bibi is not over yet. Please continue to visit our project and invite your friends at www.facebook.com/hrdefenders

Asylum -- For Those Who Migrate in the Cause of God

Asylum in the USA

~Speak up for those who cannot speak for themselves; ensure justice for those being crushed. ~ Proverbs 31:8 (NLT)

It is one of the great historical ironies that religion, which emphasizes the rights of the weak and the oppressed has been used by the powerful to exploit the very people it seeks to protect. The prophets brought messages of equality and justice. Moses lead the persecuted from the clutches of the Pharaoh to the Promised Land. Jesus exhorted the rich to care for the poor. Muhammad migrated with his followers as he denounced the racial and economic disparity of his society.

However, throughout the ages, the powerful elite converted religion for their personal gains and used it to exploit the poor. The monuments and relics of Egypt reveal that the Pharaohs portrayed themselves as seated next to God and claimed a divine right to kingdom, enabling the Pharaohs to enslave their people. Further, historically, the Church and the Crown persecuted and controlled its people in order to conduct religious crusades. Similarly, dictators and mullahs used religion to gain allegiance of their followers to advance their political agendas and holy wars.

Meanwhile, the victims have continued to follow the legacy of their Prophets by migrating for refuge. Religious persecution is a reason for much of the population displacement in the world today. Many Christians are being persecuted in various countries due to religious intolerance. Shia Muslims, a minority sect of Islam, have been the victims of massacres. In Burma and other countries, anti-Muslim riots have taken the lives of many. These are just some examples.

The international law provides protection for refugees. The 1951 Refugee Convention, with its 1967 Protocol, is a United Nations multinational treaty providing asylum to those who fear persecution on the account of race, religion, nationality, political opinion or belonging to a particular social group. An applicant for asylum may arrive to the United States in one of multiple ways. He or she may enter our borders without inspection, by using fraudulent or invalid immigration documents, or with a valid non-immigrant visa but with the intent to remain in the United States. If the applicant is fortunate, then upon arrival to the United States, he or she may have a pre-existing support system such as family or friends. Others may not have any support, and are left to fend for themselves by becoming employed illegally or seeking shelter. Upon arrival to the United States, an applicant he or she has one-year within which to apply for asylum (with some exceptions).

The early settlers in the United States came seeking refuge from religious persecution. Consistently with this tradition, our law provides protection to those who have a bona fide claim for religious persecution, and have migrated in the cause of God.

--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



In This Issue

Newsletter Issues


The E-2 Investor Visa

Intra-Company Transferees

The E-2 visa is an investor visa for nationals of those countries that have a treaty of commerce (a business treaty) with the United States.  It is possible to qualify for this visa with an investment as little as $100,000.  Here are the requirements and the procedure for this invaluable visa option.

The requirements:

  • The investor, either a real or corporate person, must be a national of a treaty country;
  • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;
  • The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;
  • The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
  • The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and
  • The investor must be coming to the U.S. to develop and direct the enterprise.

The procedure:

Step 1. Hiring. If you are ready to file for an investor's visa, you should hire our services so that we may provide you consultation about the immigration requirements and also so that we may evaluate your business for the E-2 visa requirements.

Step 2. Due diligence. You will need to identify the business that you are interested in investing in. This may be an existing business or one that you will start up. Our immigration department's job will be to evaluate the business for the E-2 requirements. Your job will be to evaluate the business from the "business sense." You may wish to hire a licensed business broker to assist you in your search. Our law firm is engaged in the business of legal services and is unable to provide you business advice nor can it ensure profitability. At this stage, you should enlist the services of a CPA or a financial advisor to conduct due diligence of the business. Our immigration department can review the proposed contract or letter of intent from the seller from the immigration perspective.

Step 3. Corporate work. Once you are satisfied with your choice of business, and our immigration department has determined its potential eligibility for the E-2, then you should hire a corporate attorney to incorporate your business entity, which is usually an LLC. The corporate attorney will also review your proposed purchase agreement from the seller and you may also attend the closing for you. For purchases in Florida, you may request our department to refer one of our partners at the law firm. *It is recommended for your protection, that you do not close on the purchase, and that you keep your initial deposits to the seller to a minimum, until your visa is issued.

Step 4. Filing your applications. We will finalize the preparation of your applications. This involves gathering the necessary financial and business documentation for your business. It also entails gathering your necessary personal documentation, such as passport. If you are in the United States and wish to change status, then we will file the petition with the USCIS. If you are filing for your visa, then we will file the application for your interview to be held overseas at the U.S. Embassy.

Step 5. Visa Issuance and closing. Upon the issuance of the visa, you may close on your purchase and release the necessary funds for the investment.

*This information is meant for general use only. It is not meant to be legal advice for your particular case. In order to determine the best legal option for you, you must schedule and receive a complete consultation from the Attorney.



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 http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-august-2015.html to check the recent priority dates for Immigrant Visa Bulletin.

Be sure to review the most recent month.


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