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.

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.

Merit-Based Citizenship- Trump's Immigration Plan

The U.S. immigration system is making changes everyday just to protect thousands of immigrants and their rights. About a week ago, a bill was introduced just to boost the H-1B visa. With this introduction of bill hundreds to thousands of people can imagine to live in their dreamland that is in the United States of America. Now, Trump government has announced that the immigration will be based on the merit. That means people who are good in their academics and have a great record, have high chances of getting the citizenship. Moreover, he mentioned in his speech that their government is going to end the lottery based system. This proposal would be beneficial for the technical and skilled professionals who migrate from other countries.

The Trump explains that he is in favor to the immigrants who are skilled and have high merit. Trump introduced the four pillars of immigration reform that involves a pathway to citizenship for almost 1.8 million illegal immigrants, known as Dreamers. These Dreamers were basically brought by their parents or guardians, which was illegal. The US government is now going to limit the family-based migration.

The trump explained his second pillar that their government has a proposal to fully construct the wall between the Mexican and the US border. Many people oppose this decision and are still against this move. But now the ruling government has made it clear that they will remain stick to their decision. 

The third pillar would end America’s Green Card lottery, and replace it with a merit-based system for those who are skilled professionals, required in the US businesses. They want to hire best and the brightest people in the US.

Lastly, he introduced the fourth pillar- They are going to end the chain migration which allows migrants to bring in family members. This will ultimately protect the nuclear family

Given that there are hundreds and thousands of Indian IT professionals waiting in queue to get their green cards because of the current country quota, the relocation of diversity visa numbers to green cards is expected to hugely benefit them. It is also mentioned that immigrants from about eighteen countries are not eligible for diversity visa because these countries have sent more than 50,000 immigrants to the US over the last 5 years combined. These countries are Brazil, Canada, Bangladesh, Dominican Republic, El Salvador, Nigeria, Pakistan, Peru, the Philippines, Haiti, China, Colombia,  India,  South Korea, Jamaica, Mexico, the UK, and Vietnam. Want to know more about immigration processes? Consult Wildes & Weinberg, one of the best immigration firms in the city of New York.

Some Lesser Known Things About Non-Immigrant Visa Waivers

If you or your dear one wants to enter the United States or its territories, there are many complicated legal issues that the foreign individuals may have to face. These are also same for the temporary nonimmigrant visas. These problems become more complicated for those who are inadmissible. If somebody is inadmissible to enter in the US, a waiver can help to ease the procedure for an immigrant.

What is a waiver?

It is a method that one can use if he/she finds a problem or is deemed inadmissible the entry. The law prohibits them from entering the US or obtaining a visa. A waiver provides an applicant a way to enter the country on the basis of nonimmigrant visa type. In reality, it’s a chance for the applicant through which one can enter the country.

What is a US waiver?

Generally, it is two kinds of applications that are used to gain the entry in the US. These two types are-

• For the non-immigrants in the US who desire to travel in the country and need an advance permission to enter as a non-immigrant.
• Immigrants and some particular types of non-immigrants may require to ask for a waiver on the grounds of inadmissibility.

US tourists who are listed in the inadmissible need to fill a form for advance approval to enter as a non-immigrant, known as a US entry waiver.

When is it necessary?

A department of the US named as Customs and Border Protection (CBP) can deny the entry of an immigrant on several reasons. In that case, you may need a US waiver. Some reasons that you may be denied entry to the US includes-

• Having criminal records for crimes of moral turpitude.
• Have been convicted twice or more than this in a crime and include
• For money laundering
• Having a communicable disease
• For security violations
• Five or more than five year sentence.
• For any type of international human trafficking that includes minors
• Immigration crimes like- overstaying
• For drug possession and drug trafficking

If your application was rejected due to any of the above reasons or you were denied entry from entering the US, consult- Wildes & Weinberg. They have already handled many such cases and have a high success rate. If you are worried about whether you are eligible for a waiver or not,  visit- https://www.wildeslaw.com/.

Some US immigration myths and facts

Immigrants play a major role in raising the economy graph of the US. But it is witnessed many times that native citizens complain of immigrants taking away their jobs and also raise their voice for cutting down the number of immigrants. These all are myths found in the US society. In this blog, we will discuss some of the myths and facts related to immigration and the immigrants that actually exists.

This is totally a myth that immigrants take away the job opportunities from the US people. The actual fact is that the immigrants increase the productivity and generate a number of new job opportunities. This is especially in the case when people immigrate to U.S on the basis of investor visas. Such applicants invest their money in the country and provide at least ten jobs to the native Americans. This increases the economic output and salaries of American workers. As per the statistics given by many government institutes, foreign-born workers fill gaps left by native-born workers both in high-skilled and low-skilled jobs. Moreover, they invest their money in the undeveloped or under developing areas, in turn helping US economy to get more stable.  

In the extensive report published by National Research Council (NRC) of the National Academy of Sciences, on an average an immigrant and its next generationgenerates thousands of dollars as public revenue, which is collected in the form of taxes. In addition to this, the native Americans don't want to work at the places such as- poultry farms, cleaning processes and in the packaging industry. The main reason is that these industries require less educated professionals and the wages are generally less.

With the US laws getting stricter, immigrating to country has become quite challenging. To make this process easier, it is recommended to hire an experienced attorney. Wildes & Weinberg is a renowned law firm specializing in immigration. Their clientele includes individuals who had been placed in deportation or exclusion proceedings, lost their American citizenship, or looking to immigrate into country.