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.

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.

All about EB5 or the investor visa

Each year, the US Congress offers about 10,000 immigrant visas to a variety of foreign investors. The immigration visas are offered to investors who can invest a huge amount of capital contributions in the commercial enterprises. The main reasons why the US government allows investor visa is to stimulate the economic activity of the country. The individuals applying for the investor visas are generally the ones who want to expand their business or want to invest in the potential assets.

The investor visa is also known as the EB5. EB5 means that it is an employment-based visa with preference. The targeted employment area is the place with more than 150% of unemployment. If a person is ready to invest in such an area, it will be a boost to the US economy. Along with the country’s economy, the investor visas are boon for the immigrants as well. Immigration experts at Wildes and Weinberg recommend immigration investor visa as a surefire way of settling in the country.

Benefits of immigrant investor visa

• Chance of becoming permanent residents of the US
• Immigrant can choose where he/she wants to live in the country
• The investors can bring their children for further study in the US
• Immigrant investors can bring other foreign investors to invest in the business opportunities

Requirements of investor visa

• Substantial capital amount needs to be invested
• Investment in government regional centers is also a choice
• Should guarantee at least 10 jobs/employment opportunities
• Should either create a new business or invest in a struggling company/business

Recently,  investor visas have come out of obscurity. There is a surge in the applications for the investor visa. The local companies from all over the world are seeking to invest money in the US economy for the investor visa. As the quota for this visa is never reached, there is no backlog and therefore, no delay in the processing.

Despite the availability, the US immigration department is very strict with its selection of companies and immigrants for the investor visa. The rules of the EB5 visa are the most difficult to comply and hence, it is a must that you hire an immigration lawyer to assure the acceptance of your visa. If you are looking for an experienced immigration attorney, contact Wildes & Weinberg. They are one of the most successful law firms in the country.

Changes in the immigration law after 9/11

The impact of 9/11 attacks can still be seen after more than 15 years. The terrorist attack changed the economic, psychological and defensive landscape of the country. It’s after effects can be seen in the changes in the immigration policies of the United States of America. Establishment of Homeland security and employment of the Patriot Act changed the way people look at immigrants. It changed the way how immigrants are accepted in the country. The matters of immigration were at first under US Immigration and Naturalization Service but now is looked after by Department of Homeland Security and Office of Citizenship and Immigration Service.

Illegal Immigrants: Security Problem

The twelve million illegal immigrants present in the country pose a big problem for the security matters. It is not only the illegal immigrants but the hate crime, racial profiling, ethnic harassment and more that have changed the country for the worse. The twelve million people who have lived in the country need the experienced immigration lawyers that can help them stay in the country where they have created a life for them. Wildes & Weinberg are one such experts on immigration. They offer the expert guidance in the matters of family immigration.

Overhauling the immigration policies

Former President of United States of America, Barack Obama attempted to overhaul the United States of America’s immigration policies by attempting to grant the legal status to the millions of illegal immigrants in the country. The process is still in works and now under the leadership of President Trump. If granted their legal status, the so-called “illegal” immigrants will have the right to work, vote, pay taxes and live as legal citizens of the country.

Immigration laws and their tightening is a huge issue for the country. Thousands of immigrants have been deported. People who want to immigrate to the USA have to go through extensive background checks to get the visa. The strict criteria that federal and state government is now following has changed the application of immigration law. To retain their current lifestyle, immigrants need qualified immigration lawyers such as Wildes & Weinberg to help them out.

Things You Need to Know About Non Immigrant Visa

Foreign nationals looking to enter into the U.S will have to typically obtain visa. Nonimmigrant visas issued at United States embassies approve a stay for a limited period of time with a specific purpose. Each year there is a limit to some nonimmigrant visas. Nonimmigrant visa applicants should have the required qualification and some economic ability to support themselves when they are in the U.S.

• What is the difference between an immigrant visa and a nonimmigrant visa?

An immigrant visa permits you to work in the United States for as long as you wish. A non immigrant visa is for temporary visitors with the purpose of seeking medical attention, travel or business or study. Non immigrant visa holders are hired as temporary workers by only a few U.S employers.

• Duration of stay in the United States with the visa

When you enter the United States a small card called an I-94 card will be issued to you with a date as you enter the country. This date is the deadline by which you should leave the U.S, even if you still have a valid visa imprinted in your passport when that date arrives. Most visitor visas also allow multiple entries, but some visas only allow one visit.

• Nonimmigrant Visas for Education

Many individuals also look for educational options in the U.S. The academic students have to apply for F-1 visa to pursue a full course study at an established academic high school, university or language school.

• Tourist and Business Visitor Nonimmigrant Visas

Nonimmigrant visas are issued to tourists and business visitors. Often visitors are issued a multiple purpose business/tourist visas. Both B1 and B2 visa are valid for one year and neither B-1 nor B-2 visa holders may accept employment in the U.S.

Do you need legal help with the nonimmigrant visa process? Locate an experienced immigration attorney near you.

The attorneys at Wildes & Weinberg, New York, are experts in handling immigration cases. Wildes & Weinberg is in operation for over 50 years. They have been at the forefront of federal court litigation. The attorneys here are prepared to handle all challenges giving attention to every detail. The law firm has worked for many celebrity clients, helping them have the green card and other visas. They never hesitate when it comes to fight for their clients.

Identifying The Best Immigration Firm To Represent Your Case

Having a skilled and educated American Immigration Lawyer, with the client either inside or outside of America, is vital when dealing with American authorities.

Keeping up with the advanced developments in American immigration law, rules, procedures and systems for treating many immigrant visa applications, work grants, study allows is certainly required in order for an effective American Immigration Lawyer get favourable results on the client's behalf.

As well, when a client is handling enforcement processes such as a detention review, an eligibility hearing or an application, the advocacy skills of an expert attorney are beneficial in strongly presenting and arguing the case.

Hence, it will very helpful in the immigration process if you are hiring a lawyer. Also, there are some facts which are imperative to consider before choosing the lawyer. For example, you should ask your friends or even family members who have already experienced this condition. They can suggest you the best option. 

Apart from that you may also consult with the American Immigration Lawyers Association. The association can help you get in touch with a reliable resource.

• You may also talk to previous clients and get their feedback about the lawyer. Word of mouth is the strongest way to know about a lawyer and helps in understanding if lawyers handle their clients well.

• You should also ask about their fees and charges from your lawyer. Make sure there will be no hidden fees and charge. Make all things clear before proceeding further and avoid any discrepancies in the future.

• Do not confuse an immigrant consultant with an immigrant lawyer. Both are different and have different roles. A consultant can support you with filling out forms-not describe you or provide you legal advice. Only educated immigration lawyers can describe you before the USCIS.

The key constituents for a lawyer in strongly opposing the client's case in court or at an immigration tribunal are preparation, learning and experience. Wildes & Weinberg are a premier immigration firm fully informed with the laws related to the client's case, the important and applicable legislative requirements, terms and judicial decisions which are vital to favourably prepare the client for the hearing or appeal.

When To Hire An Immigration Attorney?

Are you planning to go abroad? The immigration process is not as easy as it seems. Get the visa and fly abroad by hiring an immigration attorney. An immigration attorney can be helpful for you in many ways, whether you want to immigrate to another country or you are facing immigration issues. The followings are the situations when an attorney can help you:

• To apply for student visa.
• In case of asylum.
• Business Visa.
• Consular practice.
• Charitable/ religious organizations.
• Family immigration.
• Investor visas.
• Labour certification.
• Naturalization.
• Work visas.
• Visas for fashion models.

Many a times, you are at risk of being deported from a foreign country. In this situation, you feel so helpless because it is not easy to understand the immigration laws. The reason behind this is the complexities of immigration laws as the laws on immigration keep on changing.

It is an ideal decision to consult with a lawyer before you relocate internationally. These lawyers are experienced and efficient enough to navigate the immigration bureaucracy. You can discuss your immigration plans and issues to get the best solution for all the immigration problems.

They are highly educated professionals who are expert in assisting the clients in obtaining a work permit or a temporary residency permit. Apart from this, they are skilled in handling the problems on renewing student visa, etc. They also work on asylum as well as refugee applications. If you want to seek asylum, then you can also avail their services.

There are many countries that have very detailed and confusing immigration laws. It gets very tough for you, if you are familiar with the language of the country. You need a legal assistance in determining whether you need a visa to enter a certain country or not. An attorney can help you in the visa application process. They help you to know under what conditions you may remain or stay in the country. There are less chances of visa refusal, if you hire an immigration lawyer.

Wildes & Weinberg, is an immigration firm with offices in New York, New Jersey, Miami and Los Angeles, dealing with immigration cases. Like this firm, there are many other law firms as well. Only a reputed law firm can provide the best legal assistance from the experienced lawyers who are specialize in innovative thinking.

Before hiring an attorney, try to check the official site of an attorney that can help you take an intelligent decision.

Reunite With Your Loved Ones Via Family Based Immigration Services

U.S. immigration policy is an indignantly defended problem. With so much attention focused on the activity at the nation's southern border, it is simple to forget about the less controversial methods in which an immigrant may get entry into the country. In fact, the goal of American policy is to help keep families together through a process known as family-based immigration. An attorney can help you prepare an application to reunite your close relatives in the U.S.

American immigration law is terrorising and especially tough to navigate. But, its purpose is simply to join families. U.S. citizens can request for their parents, children, spouse, brothers or sisters to come to the U.S.

The U.S. State Department newly updated its policy about same-sex couples and their families. Same-sex spouses of U.S. citizens and their lesser children can now get the same advantages as opposite-sex spouses and families.

There are a lot of causes why family-based immigration is approved. Immigrants visiting with their loved ones are better implemented to combine themselves into the American economy. Along with their ethnic identity, recently visited families give a support system that usually involves access to employment, credit and networking resources.

Studies also reveal that women coming into the country with their spouses or children are mixed into the workforce. Ultimately, immigrants who come to the U.S. as a family have a greater incomes growth potential than those who come on an occupation-based visa.

In order to bring your relatives to the U.S., you will need to complete an extensive application. One of the most renowned parts of the application is the interview with the U.S. Citizenship and Immigration Services i.e. USCIS.

At the interview, an officer will maintain you in as though you are claiming in court. You must guarantee to present accurate and truthful answers. After that, the officer will thoroughly check your travel documents, work permit, passports,  Social Security card and driver's license as well as the documents for your petitioning family member. Lastly, he or she will ask you some questions about the details included in your application in order to make sure that you are eligible for a green card.

The interview will be more pressure for candidates applying based on marriage only. If you are using for family-based immigration with only a spouse, the questions you will be asked are designed to ensure that your marriage is not a fake.

Notwithstanding the prevailing political climate, family-based immigration is encouraged. Speak with Wildes & Weinberg about alternatives to reunite with your loved ones and get the best solutions for all your immigration needs.

Wildes & Weinberg - Things You Need Know About Family Immigration Visas

One of the common pathways to obtain lawful permanent resident status in the United States is through family-based immigrant petition. If you are living outside the United States and you are under the categories of relatives of a U.S. citizen in the required category, you can become a permanent resident. U.S. Department of State will issue an approved Form I-130 petition when a visa is available.

There are some types of visa for specific, more distant, family relationships with a U.S. citizen and some specified relation with the permanent resident relative. The family preference categories are:

Family First Preference (F1): Minor children and unmarried children, daughter or son, of U.S citizens, if any.

•    Son / Daughter may be of any age

•    Son / Daughter may also bring their unmarried children under age 21

Family Second Preference (F2): Your spouse and minor children and sons and daughters who are not married of permanent residents can apply for F2 visas. You can stay in the U.S. as long as F-1 visa holder is valid.

Family Third Preference (F3): U.S. citizen may petition for their married son or daughter to qualify for the F3 visa. U.S. citizens may apply for F3 immigrant visas for their married sons and daughters by filing I-130 form Immigrant Petition with USCIS.

Family Fourth Preference (F4): F4 Visa is available to foreign immigrants who are the brother or sister of American citizens and spouses  or minor children, but the U.S. citizens should be of at least 21 years of age.

The first step in immigration visa is filing a petition. The relative sponsoring the visa should file a petition for alien relative by filling I-130 form. The petition can also be filed by a U.S. citizen living abroad.

To file the petition for either of the family member the U.S. citizens should be of 21 years or older. But for the sponsor to file petitions for other categories there is no minimum age. A U.S. citizen or lawful permanent resident must be at least 18 years of age and have a residence in the United States. Form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors.

Required Documentation

The following documents are required in general for the application of visa:

•    A valid password. The validity of password may be for 60 days further than the expiration date on the immigrant visa.

•    Affidavit of support from the petitioner or the sponsor.  

•    Immigrant Visa registration

•    Alien registration application and Form DS-260

•    Two 2x2 photographs.

•     Civil documents for the applicant.

•    Your original civil documents, such as birth and marriage certificates, legible photocopies of the original civil documents.

•    Medical Examination Forms

USCIS will inform the person who filled the visa petition if it gets approved. Further it will send the approval to the department of state's national visa center. Family-based visas are distributed according to a quota system, only a limited amount of family-based visas may be issued every year. More details can be discussed by the attorneys at Wildes & Weinberg  immigration office in New York who are experts in solving complex federal cases.

For over 50 years the attorneys are involved in innovative thinking. The law firm has considered several cases of different celebrity clients, starting with the deportation case of John Lennon and other top models and players. The firm is also specialized before the board of Immigration appeals.  Attorneys practice several federal courts of appeal and district courts. Wildes & Weinberg will never turn their clients away, instead develop winning strategies for their clients.

Wildes & Weinberg - US Transit Or Ship Crew Visas – Steps You Should Know About

Foreign nationals are required to get appropriate visa if they plan to enter America whether for a small period of time or for months & years. Regardless of their reasons or requirements, getting a visa is the most important aspect of their arrival to the country.

Foreigners who are travelling to the United States for immediate and continuous transit need transit or C visa. On the other hand, foreign nationals coming to the country to serve on board a sea vessel or aircraft also need appropriate visa, which falls under the crew or D category.

However, there are several steps that you need to follow to apply for and get these visas. It includes –

Step 1 – Information – In the very first step, you need to gather as much information as you can about these categories. If you are planning to immediate and continuous transit through the USA, which is included in your route to a foreign destination, you will require a valid C visa. However, if your country is included in the list of the Visa Waiver Program nations, you do not to apply under this category.

In this program, foreign nationals of those countries can stay in the USA for 90 days or less. With some countries, America has agreements to allow their nationals to enter the country without visa. If the applicant is from these nations, they do not need to apply. To clear the confusion about the application, you should consult a renowned immigration law firm such as Wildes and Weinberg.

Applicants who want to come to the United States to serve on board a sea vessel or aircraft, they require a crew (D) visa. Under this category, those who will be transiting through the country or its waters can apply for (C-1/D). If you want to enter America for vacation or personal reasons, then you will have to opt for appropriate category.

Step 2 – Qualification – Before applying for any visa, it is vital that you make sure that you qualify for all eligibility requirements. For this purpose, you will need to show that –

• You intent to pass in immediate and continuous transit through the nation or its waters. You have to prove that your sole purpose is to enter the country only for transit or crew purposes.
• You intend to stay for a predetermined and limited period of time.
• You will have to show the ticket or any other evidence of transportation to your destination, where you are headed.
• You need to show that you have the permission to enter another country after your departure from the USA.
• For the C, D or C-1/D categories, you have to prove that you do not intend to be paid by a U.S. source during your transit.
• You will have to show the sufficient funds to the immigration authorities to prove that you are financially capable of carrying out the purpose of your transit journey.

Step 3 – Apply – Once you know that you qualify for all the eligibility requirements needed for your visa, you can consult with a recognized law firm and apply. You can fill out the non-immigrant visa electronic application (DS-160) form to apply with accurate information and book your appointment with counsellor.

Still, there are many little details related to application that you need to pay attention to, which is why it is advised to contact an immigration firm such as Wildes & Weinberg.

Wildes & Weinberg, P.C., is an established American law firm that has offices in New York, Miami, Los Angeles and New Jersey. The firm has assisted clients in numerous immigration cases over the years.