What Rights Do Immigrants Have in the USA?

Most immigrants don’t know about their basic rights as immigrants in the United States. But, do they have any rights? If yes, what are their rights? These questions are often raised by immigrants in various forums. Are you an immigrant in the USA and want to know what rights do you have? Wildes and Weinberg have experienced and qualified immigration lawyers who will help you understand your rights in the USA. Below we have explained some of the basic rights of immigrants in the U.S. 

Employment rights of immigrants - Whatever your legal status is? If you’re an immigrant in the United States, you have all the right to get at least the minimum wage as a full-time employer. You also possess a legal right to receive overtime wages.

You’re entitled to be treated well and get fair wages at your workplace. You cannot be forced to work if you’re not willing, and no one can keep your passport and other identification documents. If exploitation of these rights, you may ask help from immigrants, labor rights, unions, and other groups to report abuse. You can also approach Wildes and Weinberg and their expert lawyers will help you seek justice in the U.S. courts.

You also have a right to work in a place free from hazards. Employers should keep away hazardous materials from the workplace and provide safety gears if necessary.

Rights against unlawful arrest - Well, the good is that an immigrant in the U.S. has a right against unlawful arrest. A U.S. immigration officer can arrest you without a warrant only if he finds that you are living in the United States illegally and you will escape before issuing a warrant for your arrest.

Rights against unlawful seizures and searches - Except for emergency cases, immigration authorities require a warrant signed by a judge to conduct a search in your home. You’re entitled to refuse authorities entry into your home if they don’t have a valid warrant issued by a judge. To search an immigrant’s workplace, an officer needs to come with a valid search or arrest warrant or need to have employer’s permission.

Rights to remain silent - If you are ever questioned and do not have your documents with you, or you are an undocumented foreigner, you can remain silent about your current immigration status. However, the right to remain silent may be applied by you at any place when enquired by authorities. 

Right to hire a lawyer - You have a right to consult and hire an immigration lawyer.

Right to sign a document - You can refuse to sign any immigration document and ask to speak to your lawyer before signing. 

If you’re an immigrant in the United States, it’s important to get yourself familiar with your rights as a US immigrant. 

Overcoming the 214(b) Refusal for US B2 Visa

The most common reasons of 214(b) refusal for US B2 visa include if you fail to properly demonstrate to the visa officer that you’re qualified enough for the non-immigrant visa category or you did not break down the presumption of immigrant intention by explaining that you’re strongly bonded to your native country and would leave the US once your temporary stay period is over. Besides assisting you throughout your visa process, attorneys at Wildes & Weinberg also help in visa interview preparation. To avoid these mistakes in the future, the following are some of the reasons for visa denial under 214(b). 

• If you found to have limited connections to your home country or strong links in the United States like immediate family members. Mostly, young people who are single, unemployed or without children have to deal with such visa rejections.
• Similar candidates have been waiting for a longer time. 
• A successful interview is the key for visa approval and is one of the major factors for visa officers to determine the 214(b) for US B2 visa. Often, candidates complain that the consular officer did not go through their documents. As visa officers have to deal with a lot of pressure and even a tiny interview error can lead to visa denial so you need to be careful while answering the questions asked by a visa officer. 
• Sometimes,  mistakes by the consular officer cause visa denial.
• If the applicant has been a regular visitor to the US and requests for an extension, it could become a reason for the consular officer to suspect that the applicant is not residing in their home country. Or if you apply for the incorrect visa, could become a question of credibility.
• If a candidate visits the US with a B1/B2 visa and later change his/her status to an F1 after arrival, the consular officer may suspect that the applicant was unsure about their initial intent.
• Failing to provide proofs for financial documentation.
• Some students get visa denial because of the following reasons such as enrollments in small, limited ties to home country, obscure community colleges, a program choice that would not be useful in the home country or to the candidate’s career and poor academic track record.
• If the candidate had visa denial and there has been no significant change in circumstances since the last denial, which indicates to the consular officer that the candidate wants to immigrate to the United States. 

If you have a visa interview to crack, remember to take along all the required documents and prepare for the interview as you do for a job interview. To hire the best, a reliable immigration lawyer in NYC, contact Wildes and Weinberg. For more details visit Wildes & Weinberg.

Reasons Why US Work Visas Can Get Refused

America is a land of countless opportunities, and every person wishes to settle or work here. Every year, millions of people apply for US work visa. But, visa refusal leads to confusion and frustration, when the consular officer seems unwilling or unable to explain the reasons for visa refusal and options to deal with the refusal.  Often, a small error can become a big hindrance in the visa approval process. In such instances, you must seek the assistance of an expert immigration lawyer to omit errors in your application and figure out ways to make your appeal stronger. Immigration attorneys at Wildes & Weinberg have successfully helped various candidates with refused US work visa. 

Given below are a few top reasons why your US work visa got refused.

Being unprepared - Make sure you put all your efforts in preparing for the visa process. There are plenty of resources available on the internet such as Wildes & Weinberg that provide data on the visa process and interview. Government sites also offer authentic information to assist you at every step of the process. 

Providing insufficient or incorrect information - With fully prepared documents, requirements, and forms of verification, and providing all the information accurately the visa process is likely to speed up.  And, inaccurate information usually results in visa refusal or lengthened processing.

Applying for the wrong visa - Different visa has different eligibility and requirements. Always check twice that you are indeed applying for the correct visa. Make sure you meet all the necessary conditions and fulfill the requirements for that particular visa.  

Over confidence during the interview - Being excessively assertive about the visa process or overconfidence during the interview can make you look like a presumptuous and arrogant. Avoid presenting yourself as a wise guy in an interview.

Providing too much information -  You will be asked a range of questions during an interview. Make sure your responses should be thought-provoking as well as simple and concise. Do not divulge irrelevant information that doesn't concern directly to the inquiry, and you should not willingly give up information that isn't asked.

Ineffective communication - At times, the language barrier, such as various dialects and accents, or unfamiliar lingo may lead to confusion in an interview. If you don’t understand the question, never hesitate to ask the interviewer to explain, interpret, repeat, or slow down. Good communication can potentially help to avoid remarkable misinterpretations and misunderstandings. 

Disrespecting the interviewer - Always show respect by expressing courtesy and humbleness toward the interviewer, even if they seem tired or tedious. And, an untidy appearance may exhibit a lack of seriousness in the interview. 

Of course, you may be frustrated and demented after a visa refusal. But there are various options available to overcome the refusal. An expert immigration lawyer, at Wildes & Weinberg, can assist you in pursuing resubmission or reconsideration of visa application.

Everything about O-1A visa in the USA

Since its formation, the USA has remained one of the top countries to immigrate. The country has always been portrayed as the country of immigrants. The current atmosphere of immigration in the country has a left a lot to wonder. While the Trump administration is making it quite difficult for just anyone to immigrate to the country, there is no dearth of opportunities for the talented.

Current visa for the talented people is the O-1A visa. To apply for this visa, it is necessary to have a job proposal from your employer in the USA. With the O-1A visa, you will be able to work freely by living in the country. The leading immigration law firm, Wildes and Weinberg state that, “this visa, however, only applies if you are exceptional in the field of education, business, arts or science.” If you are serious about immigrating to the country using O-1A visa, then hiring an immigration attorney would be a blessing for you. 

A fundamental requirement of O-1A visa

Like every other visa type, the requirements for the O-1A visa is very precise. As mentioned above, to be an O-1A visa holder, you need to be extremely good in your field of work. Other conditions include:

1. The immigrant needs to have a job offer from a US company or employer. 

2. The immigrants should have an award of international or at least national recognition. The award needs to have the following three things to be considered by the US government:

 a) Published materials in the trade journal, or magazine of your field. The achievement in the field needs to be recognized. 

 b) An important role in the reputed organization.

 c) Evidence of remarkable success in the field of work in the major as well as relevant publications. 

3. Evidence for current salary or remuneration in your field of work

Getting approval for an O-1A visa can help the immigrant get a better lifestyle along with numerous career opportunities. Want to more about the O-1A visa and its process? Want to hire experienced O-1A visa immigration lawyers? Contact Wildes & Weinberg. They are the leading immigration firm with an expert team and offices in New York, Miami, Los Angeles and New Jersey.

Another Day of Immigration Crisis in US -Wildes & Weinberg

Dana Sabraw, the federal judge who ordered the reunification of the immigrant families is a son of a Japanese immigrant. It is his personal history that makes him one of the leading federal judges to stand for the rights of the immigrants. He also refused to extend the deadline for the Trump Administration to reunite the split immigrant families.

The after effects of zero tolerance policy

According to the administration, 27 young migrant children are “not eligible for reunification". Thus, they cannot be united with their parents. The parents of these children have already been deported to their home countries. The current administration blames the logistical impediments for the delay. More than 102 children have to be united with their parents and many of these children are less than the age of 5. Michael Wildes, the senior partner at Wildes and Weinberg, believes that the separation of children from their parents is more than inhumane. It is cruel and unnecessary. 

U.S. President Donald Trump tweeted on Wednesday. “Judges run the system and illegals and traffickers know how it works. They are just using children!” he said.  

He placed the blame on the Democratic Party, among others, for failing to fix the immigration that he so boldly broke.

What does leading immigration law firm advice?

As the leading immigration law firm, the attorneys are working with the immigrants in the country to get them the secure life they deserve. Many immigrants- DREAMers and DACA recipients have grown up in the US. It is their home country. The immigration crisis in the country is going to take years before it is ultimately solved. With the lives on the line, it is for the best if the immigrants consult their attorneys regarding their next step. 

If you are an immigrant and want to have an expert immigration attorney have a look at your case, contact Wildes & Weinberg. They are the leading immigration firm with an expert team and offices in New York, Miami, Los Angeles and New Jersey.

The latest immigration policy change might lead to immigrants shunning medical care

The lastest news on the immigrants scope is that the Trump administration is contemplating a change in the policy. The change in the policy will be made to discourage the legal and permanent immigrants who seek the permanent residency and green card and want to use the government medical facilities. This policy change is extremely alarming as the immigrants won't be able to visit the hospitals of specialists doctors under the Medicaid (a Obamacare plan) or any other subsidized plans. The professionals such as doctors, patient advocates, hospitals and immigration advocates are against any policy changes.

What would the proposed policy change affect?
The proposed plan says that legal immigrants who might be getting  green card might be passed over if they use MedicAid, tax credits, food stamps or any non-cash government benefits. The draft of the plan has been published by the Washington Post. The draft even proposes that if a child who is US citizen utilizes these benefits than the chances of the his/her parent’s obtaining green card goes down. The aim of such policies will frighten the broader immigrant faction, who might be in need of proper healthcare service.

Why is the policy change proposed?
This policy change is proposed for self sufficiency of the country. However, the policy to stop the non-cash government benefits for the US citizen children is harsh and extremely hardhearted. This rule has alarmed the doctors and various health care officials as they believe that this will have a huge impact on the health standards in the country.

Children affected
Another worst thing about the plan is that it affects the children. The parents are put in the impossible situation. They cannot let their children be sick and not go to the doctor but they cannot let the opportunity of getting green card in a country where their children live and have spend years creating memories go to waste.

Even though the proposal and the policy changes are just proposed yet, however, the immigrants still need legal professional help. If you are looking for an expert immigration attorney to hire, consult Wildes & Weinberg. They are one of the leading law firms with offices in New York, Miami, New Jersey, and Los Angeles.

R1 Visa and Immigrants - Wildes & Weinberg

Moving to another country is extremely tough. Especially when you have to go through numerous procedures, submit documents again and again and wait patiently for months. The laws are extremely tough and test the character of the individual applying. With different types of visas available, it is necessary that you know what kind of visa should you apply for. An R1 visa requires you to hire an immigration attorney. An immigration attorney will make sure that you are able to fill all forms and are compliant with the respective immigration law. 

What is an R1 visa?

R1 visa is a non-immigrant visa for the foreign individual of religious denominations. Through this visa type, the immigrants are allowed to enter the country. The visa is specifically for the individuals who want to opt vocation as a minister.

The individuals who can opt for an R1 visa are:

• Religious instructors
• Catechists
• Counselors
• Liturgical workers 
• Religious broadcaster
• Translators

These religious workers should work for religious health care facilities such as missionaries, hospitals, and other areas. The R1 visa DOES NOT apply to janitors, clerks, fundraisers, any maintenance workers or people solely related to donations and their working.

 Eligibility 

1. Any member of religious community or group that is registered as an NPO or non-profit organization in the USA. 
2. The non-profit religious organization in the US should be employing foreign nationals as part of their team. This job post includes religious translators, broadcasters, missionaries, and more.
3. The immigrants coming to the US on R1 visa can only work as ministers in the religious community.

R1 visa requirements

1. The immigrant applying for the R1 visa should have worked at least two years as part of a religious community. 
2. The immigrant plans to leave the US once your visa expires.
3. The employee or the organization sponsoring needs to be registered as a non-profit organization in the US. They should also be eligible for the tax exemption.
4. The immigrant plans to enter and work only as a member of the religious denomination or the organization.
5. If the immigrant has previously applied for the R1 visa, they need have resided physically outside the country for the minimum of one-year. 

The criteria for an R1 visa is tough and often needs a professional help. If you are looking for an expert immigration attorney to hire, consult Wildes & Weinberg. They are most sought after law firm with offices in New York, Miami, New Jersey, and Los Angeles.