The Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The top Utah immigration lawyers, Wilner & O'Reilly share the most important things you must know if you wish to apply for an EB 5 Investor visa.
To file for adjustment of status from a non-immigrant visa classification to legal permanent resident, there are several pre-requisites. Top Orange County Immigration law firm, Wilner & O'Reilly describe here the conditions you need to meet to file for adjustment of status from inside the United States of America. • You must be physically in the United States if you want to apply for legal permanent residence in the US. In case you are outside the US, you must get an immigrant visa at a United States Consular post in that country.
California is a popular destination for Mexican immigrants who have received a green card and are able to legally live and work in the United States. Studies have found that the overwhelming majority of these immigrants hope to go on to become naturalized American citizens, but many of them never actually go on to take this step. Government data reveals that approximately 8.8 million green card holders have not applied for naturalization, and this is often blamed on the barriers that have been placed in their way.
The dean of a California law school says the issue of birthright citizenship has been settled law since at least March 28, 1898, when the U.S. Supreme Court ruled on the case of a Chinese American who had been born in 1873 in San Francisco. The Court noted that its interpretation of the meaning of the 14th Amendment depends on the adoption of Anglo-American law dating back to 1608, long before the establishment of the nation. In a nutshell, any person born here is a U.S. citizen, according to the dean.
California parents may be interested to learn that their own quests for citizenship can have direct impacts on their childrens' status. There were already multiple avenues by which children who were under the age of 18 on Feb. 18, 2001 could obtain citizenship. Under today's more-lenient guidelines, however, many other children may be eligible for citizenship based on their parent's naturalization.
According to a recent ruling by the Administrative Appeals Office of U.S. Citizenship and Immigration Services, if an employee on an H-1B visa is moved to a new location by the employer, that employer must file a new labor condition application. This decision came as a result of a situation in which an employee who was hired to work in a particular metropolitan statistical area in Southern California was supposed to be transferred after two months to a different work site in another MSA.
Fathers in California may now have an easier time conferring citizenship onto their children who were born in foreign countries. On July 8, a federal appeals court decided that a law that treats mothers and fathers of foreign-born children differently was unconstitutional. Immigration attorneys have noted that the law, which directly discriminates against petitioners based on their gender, may eventually be revisited by the Supreme Court.
California residents may not be aware that those born in some U.S. territories such as Puerto Rico are granted automatic U.S. citizenship, but individuals born in others like American Samoa are not. A group of American Samoans decided to challenge this state of affairs by filing a lawsuit, but a June 5 federal appeals court ruling preserved the current law. The three judges who heard the case concluded that the 14th Amendment does not grant U.S. citizenship automatically to those born in an unincorporated political territory of the United States.
Individuals in California who are seeking to immigrate to the United States must exercise caution and try to avoid scams offering to smooth the path to immigration or provide services meant only to steal money from the unwary. Advice on immigration is only appropriate from an attorney or someone who is qualified to assist an immigrant in the process and authorized by the immigration appeals board.
Some California residents may be eligible to become U.S. citizens, but they may be unsure if taking that final step is worthwhile. Citizenship carries important benefits and may be worth the consideration of lawful permanent residents in the state.