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BASIC OVERVIEW OF WHAT THE U.S. IMMIGRATION LAW DEALS WITH

Immigration Law in the United States is a wide arena to deal with as it encompasses various situations a person might have to encounter relating to traveling from a different country.

 

The most common scenarios and streams of Immigration Law are :

 

  • Visiting the country: Visitors of the United States often come due to the purposes of tourism or meeting loved ones or with medical needs or for social meetings or events.

They go through a process of proving their eligibility for the required visas and go through the application process. For this category, the visitors require a B-2 visitor visa.

For Business purposes, the visitors are required to apply for a B-1 business visa.

 

 

  • Employment in the U.S.: For obtaining access to employment in the United States, it is important for the employee to gain the status of a permanent resident to be able to cater to any job opportunity in any part of the country. But in cases of not qualifying for permanent resident status, they are to apply for a temporary work visa.

 

 

  • Green Card Acquirement: The Permanent Resident Card i.e. the Green Card is given to immigrants or parolees but it has some of the most important criteria to abide by in order to obtain permanent citizenship through this card.

 

It is provided mainly to highly skilled employees and employers, immediate relatives of the citizens of the U.S.A., eligible refugees and seekers of asylum, long time residents. A limited number of Green Card visas are issued and as the process is a tedious and complex one thereby only selected immigrants are eligible for it.

 

  • Naturalization: The process of Naturalization i.e. becoming a naturalized citizen is an extensive procedure with heaps of paperwork, background confirmation, interview, and testing, ending with the mandatory oath of allegiance. Naturalization comes with similar benefits as that of a natural-born citizen of the U.S. thereby this process is a popular one.

 

  • Process of Border entry: The cross-border entry rules might be a cumbersome process but the correct consultancy and the right procedure make the experience painless. The process is incorporated with the subsection of ” Border Entry Rules ” which includes all the border crossing formalities with additional border entry information. The overview mainly is applicable on
  • Lawful Permanent Citizens who are Green Card Holders.
  • Citizens from foreign countries
  • Citizens of Canada and Mexico
  • Trust Traveler programs

 

Visit www.gehilaw.com for more details

For Free Consultation call (718) 263-5999

 

 

 

Temporary Protected Status (TPS), enough for refugees of Ukraine?

Temporary Protected Status (TPS), enough for refugees of Ukraine?

 

An important decision was taken on March 3, 2022, fortifying the fate of the desolated Ukraine refugees in the United States. 

 

As proclaimed by the Department of Homeland Security, Ukraine will be given access to Temporary Protected Status, aka TPS, for a period of 18 months to immigrants who had been inhabiting the country before March 1, 2022. 

 

The ones deciding to move to the country post-March one will not be granted the status.

 

The Temporary Protected Status focuses on certain points of concern. 

  • It has a historical reputation of being used as a tool of remedy for migrants who are unable to return to their native country safely. 
  • It allows immigrants to stay, work and travel without the probability of deportation. 
  • It does not provide permanent US citizenship to the immigrants, but the beneficiaries can apply for permanent residency or citizenship. 
  • The United States has extended the grant of TPS to several other countries that are suffering from national conflict. 

 

Although the status has been historically appreciated and has served as a relief to many such aggrieved individuals, the Temporary Protected Status does not solve the issue for every immigrant unanimously. 

 

  • TPS is granted solely to immigrants who have catered to the goodwill of the States and have been residing in the country already.
  • The process of granting the status takes a long duration which might not act in favor of the ones desperate for refuge and safety.
  • Owing to the temporary intent of the TPS, it becomes a complicated affair to escort their loved ones who are stuck in their concerned country facing conflict while the processing goes on. 
  • Due to the wait and the limitation of duration, the approval for the status of protection is only given to some while many of them are denied. 
  • To be granted the status, it requires documents of their nationality, employment, education, etc., from the applicants. But as the applicants are usually in an aggrieved situation and incidentally might not bear the requisite documents with themselves. Thereby making them unsuitable for the status even when they most require it. 
  • If, by unfortunate circumstances, the TPS is removed from the country the immigrants hail from, they will return to being unprotected, which might also result in them having to leave their place of refuge or the US in this case. 

 

Therefore the Biden administration should consider the factors at the earliest to ensure more secure protection for the victims of national conflict and the global crime of war. 

Special situations call for extraordinary measures, and it can be fairly well esteemed that the current situation of the Ukraine – Russia tension is a global threat, thereby certainly rare. So there should be more protected measures to provide swift and immediate solutions for the innocent people in peril.

dignity act immigration bill which helps undocumented immigrants

‘Dignity Act’ Immigration Bill – That helps Undocumented Immigrants.

 

The ‘Dignity Act’ is a law that protects people’s dignity. Mandatory E-Verify, a Path to Citizenship, and Border Security are all included in the immigration bill.

 

Democrats in Congress attempted to incorporate immigration reforms in the Build Back Better Act (BBBA) in December 2021. Some of the suggestions would have aided undocumented immigrants by granting parole and work authorization to eligible individuals. Green card backlogs would have been lessened, and certain applicants would have received expedited green cards for a price under the bill. However, the BBBA has not materialized.

 

The Dignity Act was sponsored by Republican congressman Maria Elvira Salazar (R-Fla.) and other Republican supporters as a “rebuttal” to the BBBA. The Dignity Act proposes a remedy for undocumented immigrants and modifications to the H-2A and H-2B temporary season worker visa programs in exchange for securing the border and making E-Verify mandatory.

 

The Dignity Act’s Most Important Provisions:

 

  1. Border Enforcement and Security

 

  1. Authorizes money to completely safeguard the United States border at no expense to taxpayers.
  2. Uses the most up-to-date border technology, such as radar, cameras, infrared, secure communications, and autonomous detection.
  3. Restarts all border infrastructure contracts that have been suspended and boost financing for physical border infrastructure.
  4. Hires 3,000 new DHS border security officers, with military veterans and law enforcement agents being prioritized.
  5. Establishes a task team to find and demolish cartel smuggling tunnels on the southern border.
  6. Requires 100% countrywide e-verification to ensure that all American firms hire lawful labor.
  7. Increases criminal penalties for unlawful border crossings and deports criminal illegal immigrants quickly.
  8. Allows US authorities to pursue transnational criminals, smugglers, human traffickers, drug traffickers, and gangs such as MS-13 that operate outside of the US.
  9. Creates four Regional Processing Centers to hold asylum seekers at the border, putting a halt to the catch-and-release policy while cases are resolved.
  10. Enacts a judicial policy of last-in, first-out to reduce the multi-year backlog in immigration courts.
  11. Hires 1,700 new immigration court employees to expedite the adjudication of asylum claims.
  12. Brings law, order, and increased development to Guatemala, El Salvador, and Honduras, halting irregular migration from Central America and addressing the core reasons for northern migration.
  13. Addressing Immigrants in the United States.
  14. Border Enforcement and Security.
  15. Provides Dreamers with immediate legal status and an expedited path to citizenship.
  16. Dignity Program (10 Years): Undocumented immigrants will be given a chance to work, obtain legal status, pay reparations, and make amends with the law under the 10-year Dignity Program. They must follow all federal and state regulations, pass a criminal background check, work or provide care for a family, and pay taxes. To begin the program, they must contribute to the American Worker Fund. The Dignity program gives work authorization and protection against removal proceedings as long as the prerequisites are followed. During the 10-year program, participants must pay $10,000 in reparations, check-in with DHS every two years, and maintain good public standing.
  17. The Dignity Program excludes those enrolled in it from federal means-tested benefits or entitlements. They will be net contributors to tax revenue and the economy of the United States.
  18. The Redemption Program (+5 years): The Redemption Program is voluntary, and to begin it, persons must first finish the 10-year Dignity Program. It will provide an opportunity for repentance and a more permanent legal status. The 5-year Redemption Program demands participants to study English and American civics, and it allows people seeking permanent legal status to give back to their community through local volunteer work, national community service, or enhanced donations to the American Worker Fund. It also expands eligibility for existing citizenship paths but does not create a new one. Those that applied would be placed at the rear of the line.
  19. Before the Redemption Program can commence, a fully functional required e-verify system and a properly secure border certification must be achieved.
  20. The Workforce and Economy in the United States
  21. Establishes a free-of-charge American Worker Fund using reparation payments from the Dignity and Redemption programs. This program gives funding to citizens of the United States for workforce education initiatives, apprenticeship programs, and Career and Technical Education to enable Americans to pursue new jobs.
  22. For every $10,000 paid in the Dignity program by one immigrant, at least two American workers can be retrained.
  23. Develops and implements a market-based solution to our labor shortages by expanding and modernizing the H-2A Agricultural Guest Worker program to meet workforce demands.
  24. Revises the outmoded definition of farming to match modern-day farming practices, establishing a policy that benefits all farmers, producers, and ranchers in the United States.
  25. Ensures a resilient and stable agricultural commodities supply chain by providing wage stability for farmers.
  26. Fights food price inflation so that families may continue to buy low-cost groceries and a wide range of items made on American farms.
  27. Incorporates the H-2B Returning Worker Exception Act, which ensures that small and seasonal enterprises can meet their workforce needs and contribute to the post-pandemic economic recovery of our country.

 

why the dignity act is the key to fixing the immigration system

Why the Dignity Act is the key to fixing the Immigration System?

 

The world-known American culture and history have been shaped by immigration. But in spite of a major ratio of the population of America being immigrants and catering to the country’s best interests for a long time, they had not been bestowed with the most immigration-friendly rights on their plate. 

 

Maria Elvira Salazar, Representative of Miami Republic, had introduced a residency program in the form of legislation for the betterment of the immigrants of the U.S. 

 

  • The 483 paged bill by Salazar constructs a solid path of allowance of citizenship in the USA with completion of programs in over 15 years. 
  • It incorporates initiatives to increase border security.
  • It includes a program for seekers of asylum. 
  • It includes legal residential rights to immigrants who have not been documented on the authorized papers of the country. 

 

The key provisions of the act are as follows : 

  • A path to becoming a citizen for the Dreamers and holders of temporary protected status.
  •  This Dignity Act, which is a bill in relation to the Dignity Programme, gives an allowance to work in the United States for a period of 10 years. And it mandates an annual payment of $10,000 to the fund for employment training. 
  • After ten years’ tenure, the Dignity Program participants will have an option to participate in a Redemption program which will lay down the path for permanent residence and the United States citizenship. The program features requirements of
  1. i) Having knowledge about English and Civics
  2. ii) Engaging in local volunteer work

iii) Paying a residual amount of $7,500

  • Providing funds for border security, i.e., physical security technological security, alongside hiring 3,000 new security personnel for U.S. Customs and Border Protection + Homeland Security.
  • Extend the Agricultural Guest Work Programme and take care of the seasonal labor requirements. 
  • Abiding by the cause by housing asylum applicants at the border with a count of 1,700 new personnel to look into the cases. 
  • Nationwide E-verify.

 

At the end of 2021, Democrats of Congress had proposed reforms for the inclusion of immigration in a certain act termed to be Build Back Better Act (BBBA), which had precisely aimed to aid the undocumented immigrants of the United States with parole and authorization work. The BBBA also had included steps for diminishing reserves pertinent to the green card and providing certain applicants with the citizenship card in lieu of a fee. But owing to circumstances, the act did not get passed. 

 

Congresswoman Salazar with other Republicans introduced the Dignity Act, referring to it as a ” rebuttal ” to the previously planned BBBA. 

 

The most noteworthy point about this U.S. citizenship and immigration services friendly proposal is that it promises an assured future for unauthorized and undocumented immigrants while taking care of the visa programs of H-2A and H-2B during the seasonal labor phase in lieu of ordaining E-verify and Border security. 

 

the effects of immigrant visas on the us economy

The Effect(s) of Immigrant Visas On The U.S. Economy

A recent Immigration Bill Reform by President Joe Biden concerning the citizenship of around 10.5 million immigrants who are not documented on the papers has created quite a round of debates by immigration critics. 

 

Disparagers of the Immigration phenomena have posed debates of how Immigration of natives of other countries mars the status of employment and growth of the natural citizens of the States. 

During the Presidentship of Trump and the Covid-19 situation, the US had seen a rampant decrease in the number of immigrants, which gave rise to a number of problems that directly affected the economy of the United States amidst all the losses rooted in the worldwide pandemic. 

 

One of the most indispensable effects on the economy was the labor shortage. And that entailed a lesser supply of resources in markets, diminishing capacity to cater to demands, the lesser labor force in restaurants, malls, and other employment sectors, and most of all, the incapacity of industries to hire enough workers. 

 

When Biden increased the number of H-2B visas by 20,000, many criticisms were laid out; however, the US citizenship visas bear the capability to restrict unlawful entry through the borders, which can also be the reason for unfortunate deaths on an annual basis. 

 

When GDP is calculated, the results have perpetually inclined in favor of immigration visas as a surplus in immigration visas leads to an increase in production and, of course, the Gross Domestic Product. In simpler terms, the United States citizenship visas lead to booming sectors in terms of economic status, productivity, and surplus alongside a boost in creativity, international relations, and an increment of wages with more industrial profit. 

 

As everything goes in the world, even the most positive affairs have downsides to them too. Immigration visas accrue to an expenditure of a lump sum amount from the administrative sectors. Furthermore, it occupies space in the country and lowers the income of fellow workers. It is important to note that the immigration surplus does not personally profit the workers in the lower strata but as a ratio of the industry. 

 

But in the face of the greater good, i.e., the bigger profit, the downsides are mostly ephemeral and short-lived. At the same time, the profits result in a pertinent development in the industry and sector. 

 

Although the democratic country boasts of a large sector of the population being authorized immigrants, the estimation of undocumented and unauthorized immigrants is almost 12 million. 

If a certain amount of immigrants can elevate productivity, it goes without saying that a larger amount will cause a bigger percentage of increment in terms of productivity and labor strength. 

 

The immigration visas will ensue: 

  • An increase in revenues, a better livelihood for the immigrants.
  • Benefits as other citizens.
  • Large-scale labor output. 

 

When a major ratio of the population is left to be illegitimate or unauthorized, it leaves a larger risk of growth in crime rates resulting in the jeopardy of society. Accordingly, we can safely conclude that immigrant visas have both positive and negative effects. Still, as a democracy that has largely been dependent on the labor supply and productivity of immigrant citizens owing to a rich history that confirms the foundation of the development of the culture has been reliant on the immigration and citizenship facilities given out to the natives of other countries mostly for the motive of employment, immigration visas are a necessity for the furtherance of the economy and the society it is associated with. 

 

top immigration lawyers near me

How will USA stand for it’s Ukrainian immigrants? Here’s how.

 

 

How will the USA stand for its Ukrainian immigrants? Here’s how. 

 

The most recent news that has been on the tabs of every internet user around the globe is the attack on the border of Ukraine under the command of Russian President Vladimir Putin. Not only has it disassembled the state of peace in Ukraine, but it has caused a shiver in the spine of several other powerful countries, including the United States. 

 

As it has been known for a long time now, a major chunk of the population of the U.S. is immigrants from various parts of the country, many documented and many not. 

Thereby, amidst all the mayhem on the social fabric of world harmony, tensions regarding the economic status, downfall in the stock market, a major point of concern lies in the refugee crisis, especially in the United States. 

 

Reportedly, Biden has claimed to take the safety of the Ukrainian refugees into consideration. The estimated count of Ukrainian immigrants in the U.S. is around 356,000; sources reveal that the States is set to offer distressed immigrants protection through a Temporary protected status or a Deferred Enforced Departure order. Not only will it allow residency for the refugees, but it will also give an allowance of work privilege to the beneficiaries.

Ukraine is undoubtedly in a state of unkempt panic and danger as it can be fairly calculated that the attacks will increase, and almost 5 million natives will be forced to sort help from other countries for refuge. 

 

Other nations face a grave dilemma in the geopolitical dispute between Russia and Ukraine, but some are extending their help to prepare for evacuation. In fact, since many U.S. citizens are inhabiting Ukraine itself, the troops of the former are already on duty to steer them clear of the emergency situation.

Gov. Kathy Hochul has confirmed the welcoming of the Ukrainian refugees in New York by asserting, ” Just as the Statue of Liberty stands tall in our harbor, New York stands ready to welcome Ukrainian refugees. We remain engaged with the Biden Administration, and we will be prepared to accept and support those who seek shelter in our state. ” 

 

The Biden administration has already announced that the troops of the States will unleash new stringent sanctions to protect NATO allies from the cold-blooded war that has been declared against the concerned. Henceforth, it can be anticipated that the government shall uphold the unprejudiced sanctity of the system of the U.S. Immigration services yet again in the face of a catastrophic intercontinental plight.

 

As per the latest news, the U.S. has imposed unprecedented sanctions targeting Russia as an action towards the antagonism against Ukraine. 

 

Facing problem in immigration – know What Immigration Lawyer can do?

 

 

Settling in a new region poses many challenges; it could be your background. Some everyday experiences for migrants across the globe are: 

  • Language barriers
  • Employment opportunities
  • Housing
  • Access to local services
  • Transportation issues
  • Cultural differences
  • Raising children
  • Prejudice and Racism
  • Isolation
  • The weather

 1. Language barriers: Language tops the list of issues facing immigrants in any country. Our ability (or inability) to communicate with others in the native language of that particular country affects nearly every aspect of our lives in which we interact with others. We try our best to resolve this issue and help individuals to get visas and citizenship. Our attorneys at Gehi & Associates are fluent in 16 different languages— to meet the demands of this niche.

 2. Employment opportunities: When starting a new life in a new country, many new immigrants cite the next barrier as finding suitable employment. Finding a job might not be easy, but if you have a valid U.S. visa, it can help you stay here for a while longer.

 3. Housing: A big priority for anybody moving to a new area or country is to secure housing. Language barriers can be a big part of immigrants’ problems, but lack of local knowledge or how the housing market works in your new country can also present problems.

 4. Access to local services: The most significant hurdles to accessing services include health care, legal advice, and mental health or social services. Language can often be an underlying factor in this problem, yet again, research in advance can make accessing services easier in general.

 5. Transportation issues: Access to transportation can be essential in that it will make access to education and employment far easier. Immigrants face particular problems in this respect on two levels.

Firstly, you may not be able to use your old license in your new country, which will cause costs to be incurred.  Secondly, the language barrier can make understanding or even Finding valuable local public transit services hard.

 6. Cultural differences: On arrival, it’s the cultural differences that make a big impression. This can range from social customs to more significant issues such as attitudes towards gender, religious diversity, ethnicity, and sexuality, which can all be vastly different in a new country.

 7. Raising children: Children are likely to be quickly immersed in a new culture through their schools and may begin to seem “foreign” to their parents.

 8. Prejudice and Racism: Even with progressive laws and an increasingly diverse community, this is a sad aspect of the immigrant experience worldwide.

  9. Isolation: Missing the support of friends, family, and extended social circles is a significant factor for most migrants.

 10. The Weather: Last but not least, this factor is another that people may overlook when moving to any new country. For some people, adaptation to the climate will be an integral part of their new home.

 

What do Immigration lawyers do?

 1. Application assistance: One of the leading roles of an immigration lawyer is to assist with immigration applications. There is a wide range of immigration applications that range from the student, work, and visitor visas to applications for settlement.

2. Immigration advice: When it comes to navigating the immigration system, it can become overwhelming quickly. The sheer variety of visas, immigration statuses, and immigration laws that vary depending on your circumstances makes it challenging to know what direction to go in when it comes to solving an immigration issue.

3. Appeal services: Unfortunately, the Home Office may reject your immigration application. They may do this due to a mistake in the application or a lack of supporting evidence. Hiring a lawyer to assist you with your initial application will decrease the chance of refusal. However, if your application does get refused, then an immigration lawyer can still help you.

 4. Document and application checking: Using their legal expertise, an immigration lawyer can thoroughly examine your application and ensure no mistakes in the application form. They can also check that you have all of the necessary supporting documents and that these are accurate. Having your application reviewed by a professional can be the difference between it being accepted or rejected.

 5. Is it worth getting an immigration lawyer? When seeking help with an immigration issue, many people wonder whether it is worth getting an immigration lawyer. The services of an immigration lawyer can be costly and in most circumstances hiring an immigration lawyer is not a legal requirement. However, hiring an immigration lawyer can save you a lot of money, time, and stress. This is because immigration applications are expensive and time-consuming; you won’t get your money back if your application is rejected. Instead, you will have to pay to apply again and spend more time on the application or an appeal. By hiring an immigration lawyer, you will have the best chance of getting it right the first time.

For any Immigration related advice, visit us at 🌏: gehilaw.com and contact us at 📞: 718-263-5999
Or WhatsApp us at + 1 917-781-0791.

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