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Immigration and Visa Law: Welcome to America!

August 19th, 2009 | Posted by Admin in Immigration Law - (Comments Off)

What is immigration and what is a visa?

US immigration law is comprised of national government policies that intend to control immigration. It governs the legal status of non-citizens in the United States. Every year, the United States government conducts what’s called the Diversity Visa Lottery. This lottery grants citizens of other countries legal entry into the US. In fact, the US government allows over a million aliens to become legal permanent resident every year ‘ that’s more than any other country in the world.

Visas are non-immigrant ‘ or temporary ‘ passes into the United States. They last shorter periods of time, and don’t confer on the visa holder the same kinds of benefits enjoyed by permanent residents. Tourism, work, and study are some of the reasons that somebody would seek a visa. Contrarily, immigrants would not just want non-immigrant visas; they would want visas that give them permanent residence as immigrants.

What are immigration and visa law services?

Immigration and visa lawyers are credentialed professionals who are licensed to practice immigration law, and advocate for visas on behalf of their clients.

They studied immigration law and graduated from law schools. They are regulated by state and federal governments. Their work covers US immigration, naturalization, visas, and consular law.

Immigration and visa lawyers help their clients understand US immigration laws, and help them apply for legal status. They also assist their clients in analyzing the facts of their particular cases, and explain to them all the benefits for which they may be eligible.

These lawyers can recommend the best ways their clients can obtain legal resident status, and they can help them complete and submit paperwork and applications.

They stay on top of their field: They are knowledgeable about all the newest immigration laws, especially those that could affect their clients’ cases.

This kind of professional help contributes to clients avoiding delays and problems involved with their applications.

Additionally, immigration and visa lawyers discuss their clients’ status, file appeals for them, speak on their behalf in conversations with the Department of Homeland Security, or represent them in court.

The two kinds of visas immigrant lawyers can help with are, as stated above, non-immigrant and immigrant visas.

Non-immigrant visas include North American Free Trade visas for Canadians and Mexicans; Free Trade Agreement visas for Chileans and Singaporeans; visas for those with extraordinary abilities in science, education, the arts, business, and athletics; entertainment visas; foreign media visas; exchange visitor visas; foreign medical worker visas; student visas; and religious worker visas.

Immigrant visas include labor certifications; visas for outstanding professors and researchers; visas for those with ‘exceptional ability’; investor visas; and green cards, or permanent resident status visas.

Who should look into these services?

For those who wish to study or to work in the United States, these lawyers can help work through any legal road-blocks that could hinder the client’s success in obtaining temporary, non-immigrant visas, and immigrant visas.

Certainly, for immigrants who wish to permanently reside and work in the United States, a specialized lawyer in the field could help expedite the paper work so that the application is received on or ahead of time.

Some people have non-immigrant visas but would like to extend their stays. A consultation with an immigration and visa lawyer can help move this process along, and at least answer any questions the foreign visitor may have concerning the extension of his or her stay.

Then there are those situations when a family member wishes to join his or her relatives who have been living and working in the United States for some time.

The pros and cons:

Immigration and visa lawyers analyze each client’s case individually. Many of them also speak a foreign language. And if one lawyer does not speak a client’s language, it’s very possible that another lawyer in the firm does. This is because immigration and visa law practices offer consultations in a variety of languages in order to meet the needs of their diverse clientele. (more…)

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How Can DNA Testing Help an Immigration Case?

August 1st, 2009 | Posted by Admin in Immigration Law - (Comments Off)

A look at the role DNA testing plays in bringing family members into the United Kingdom

DNA testing is routinely used in immigration cases to prove whether a child under 18 is a biological child of or, in some cases, is related to an individual with a leave to remain in the UK. Most DNA tests for immigration reasons are parentage testing (paternity or maternity) but in some cases a grand parentage or avuncular (whether a child is a nephew or a niece of the sponsor) test is employed to prove an alleged relationship.

When the child is outside the UK, a DNA test is normally arranged by an ECO. In such cases, DNA samples are taken from applicants at a post overseas and sent to a UK-based laboratory together with the samples of the sponsor, which in most cases is taken in the UK. If the child is already in the UK, DNA testing could be conducted in a Home Office-appointed laboratory or arranged privately or via solicitor. The DNA testing report provides an assessment as to the nature of relationship between the tested individuals and states the probability of this relationship.

According to the Home Office guidelines, in assessing DNA reports, the question to be addressed is whether the evidence establishes the relevant relationships on a balance of probability. If a DNA report concludes that the probability of a claimed relationship is at least three-times greater than any other relationship, it should normally be accepted as proof of that relationship without further enquiry. If the probability of the claimed relationship is only twice as likely (or less) than any other relationship, the case is usually reviewed as a whole.

However, the Home Office admits that even a low balance of probability in favor of the claimed relationship is substantial evidence and should be accepted unless there is strong evidence to the contrary. If relationship was the sole ground on which the application was refused, and it was later established by means of DNA evidence, the Home Office usually concedes the case.

In cases where several children are to be tested, the fact that some children are related to the claimant does not constitute the evidence in favor of other children who were not tested. The application with regards to the latter will be refused on the ground that there is not enough evidence to support the alleged relationship unless DNA testing results prove otherwise.

When DNA testing proves the alleged relationship, the Home Office usually concedes the application; however, in some cases, the Home Office has specific guidelines as to their treatment. This applies to cases when the child is related to only one of the parents, or is not related to them at all.

The immigration law treats a case where a child is related only to one of the parents differently. Treatment will depend on whether the child is related to the mother or to the father.

When the child is revealed to be the biological child of the father but not the mother, the Home Office usually seeks an explanation from the family on the following issues:

- whether the child has been brought up and lives with the natural mother or the natural father

- whether the child’s mother is also seeking entry or whether she qualifies for admission

- whether the father had exercised sole responsibility for the child’s upbringing

- whether the father had a previous undisclosed marriage or is in a polygamous marriage

Providing that the father is not in a polygamous marriage, has exercised the sole responsibility for the child’s upbringing, and the child’s mother is not seeking entry to the UK, the application is usually conceded by the Home Office.

When the child is related only to the mother, the situation is again different. This is a very delicate case and is usually handled with great sensitivity as the child may be illegitimate and the father may not be aware (even if he saw the DNA report). The impact of a disclosure of adultery could be disastrous for the woman. If the child has been brought up as child of the family he or she is usually admitted. (more…)

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