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. 

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/.

Eligibility and Process of O-Type Visa

Many people dream is to settle in the United States. There are many ways one can grab the US visa. The immigration can be on the permanent basis or temporary basis. As the US is very strict for their laws and other rules, there is a proper method and a given procedure on which the visa is given. In this blog, we are talking about the O-1 and O-2 Visas.

Eligibility for O-1 Visa-

A person having excellent abilities in the field of business, education, science, or athletics are named as an O-1 visa. To get an O-1 visa, candidates must prove that they own a level of expertize showing that the person has the ability and is risen to the top of the range of effort.

There are two ways of showing their abilities. One way is by winning a major internationally known award, for example- a Nobel Prize. The other simple method is by producing documentation in three of the below sections-

• Proof of unique participation of significance in the field.

• Taking national or international recognized awards or honors for perfection in the course of the attempt.

• Written some scholarly articles.

• Membership in organizations in the sector, which need excellent performances of their members.

• Written matter in a professional or higher trade magazine, newspaper or media about international candidate’s work.
  
  

What is an O-2 visa?

The people who have been given the O-1 visa for the US, they need their workers or staff to accompany them. The O-2 visa is given to the support staff of the O-1 visa holder. But it is not supplied if the O-1 visa owner is proceeding to work in the similar sectors of sports, art or the motion picture business.

To qualify for an O-2 visa, the candidate needs to fulfill the next conditions-

• Before awarding an O-1 or O-2 visa to an individual, USCIS requires a meeting with a US-based company.

• For all O-1 and O-2 candidates, the request must carry an advisory idea from the group, labor union, or a person with expertise in the candidate’s field. This view can state just that the organization has no objection in allotting the respective visa or even can tell the candidate’s successes.

• In case the achievements are lengthy, the report should also discuss the candidate's expertize, the quality of the work offered.

If you want to know more on the O-Visa type or any other issue regarding immigration and visa, then contact to Wildes & Weinberg, P.C. which is a reputed law firm that focuses on the immigration field. The firm has expertized in this field who gave advice the advice regarding visa’s preparation and processing.

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.

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.

Temporary Visa: Live And Work In The United States

Each year several millions of people enter the United States on different types of U.S. visas. On the general basis, there are two types of U.S. visas: non-immigrant visas and immigrant visas. Non-immigrant visas allow foreigners to travel to the United States for a temporary period of time. An immigrant visa, is a legal classification that allows the visa holder to permanently reside in the U.S.

The type of visa you apply for depends on the individual’s background and the reason they wish to enter the Unites States. In the United States, thousands of employers hire foreign nationals to join their businesses and organizations. These workers hired by the employers often bring highly specialized knowledge to their respective fields. They also work to add artistic variety to the workplace and help U.S. employers maintain competitive advantage in the global market.

If any foreign resident is seeking U.S. employment for a limited period of time, can move to the United States using a non-immigrant temporary worker visa. The specific visa that the employee is eligible for depends on the nature of their stay and occupation. Below is a description of the most common non-migratory visas.

H-1B Speciality Workers Visa

Foreign workers can apply for H1B visa which allows businesses to sponsor highly skilled foreign workers in specific occupations to work on temporary basis in the United States. The specialized occupations include IT, computing, finance, accounting, banking, engineering, medical, legal, and telecommunications. To qualify for the H-1B Visa, the individual should have at least bachelor’s degree in their specialized field. It is given to those professions who require extremely specialized knowledge. The H-1B visa includes a wide range of professions, like fashion models, government researchers and project workers.

O-1 Extraordinary Ability Work Visa

O-1 visas are for individuals with extraordinary ability in arts, education, business, science, athletics and entertainment. Employees with extraordinary ability in the sciences, arts, education can work temporarily in the United States.

O-2 visas are for workers who go along with O-1 visa holders to a specific performance or job event.

L-1 Multinational Corporation Employee

L-1 visa is for those employees who are looking to work in of the branch of their multinational company in U.S. In order to be eligible for this visa, an individual should have worked abroad for the company for at least one continuous year before moving to the United States. This visa is for managers, staff executive who transfers from an overseas office to the U.S. branch of a MNC.

E-1 treaty traders and investors

The E-1 non-migratory visa allows a national of a treaty country to be admitted to the United States exclusively to connect in international trade on their own behalf. Treaty countries include Austria, Azerbaijan, Bahrain, Colombia, Denmark, Egypt, Chile, Bolivia, Montenegro, Singapore etc.

E-2 visas are for individuals from treaty countries who have made significant investments in the United States. Investors from qualifying countries may apply for an E2 visa. Dependent of E-visa workers are also issued E visas

Wildes & Weinberg P.C. is one of the best immigration law firms in NYC and for over 50 years Wildes & Weinberg has specialized in innovative thinking.  The firm assisted the deportation case of John Lennon, and has been at the forefront of federal court litigation.  The attorneys of the firm are able to use their years of expertise to develop winning case strategies. The attorneys have worked for many celebrity clients and have won numerous actions in federal court. The firm holds the reputation for excellence throughout New York.

Wildes & Weinberg : Three Reasons Why Immigrants Choose To Obtain US Visa

When it comes to the immigration, the United States of America is probably the number one choice of many. Lots of opportunities for career and life are the reasons why foreign nationals opt to immigrate to the USA. Over the years, many foreigners have entered America for different reasons. However, there are three major reasons or aspects for which foreign nationals choose to obtain a US visa.

These three reasons are mentioned below.

Study – Students from all over the world obtain appropriate US visas to enter the country and complete their dream of studying further. There are two major categories in it - F-1 and M-1. An applicant needs to obtain the appropriate one depending on the length of their stay in the country and the program they will be attending.

If one wants to attend a high school, college, university, conservatory, seminary or any academic institution (including a language training program) in America, they need to go for the F category. On the other hand, if one wants to attend a vocational or other recognized non-academic institution, they will have to go for M category.

However, it is advised to take help of a professional immigration attorney or law firm in order to avoid mistakes in your application. Choose a recognized firm like Wildes & Weinberg, P.C. In addition, it is vital that the candidate is accepted by a SEVP approved school.

Work – There are endless work opportunities in the United States which is why many foreign nationals opt for immigrating to the country, so that they can find better jobs. However, there are different visa categories if one wants to work in America. For a speciality occupation that requires a higher education degree or its equivalent, one needs to apply under the H-1B category.

Applicants who want to engage in the temporary or seasonal agricultural work, they can apply for H-2A while H-2B is for the temporary non-agricultural work. Those who want to work for their current employer but at a branch, parent, affiliate, or subsidiary of the company in America, they can apply for L visa. For artists and entertainers, P-3 is the appropriate category.

Foreign nationals with extraordinary ability or achievements in different fields (sciences, athletics, arts, business etc.) can apply for O visa. There are several other visas for those who want to work in the United States depending on their qualifications, field and more. It is advised to contact immigration experts to avoid confusion and mistakes in the application.

Immigrate – While many come to America just to study or work, there are many who want to immigrate to the country. And, there are several immigrant visa categories under which one can apply if they complete the eligibility requirements.

If the applicant is fiancé(e) of a U.S. Citizen and want to come, marry and live in country, then should go for K-1 visa. Spouses of American nationals should opt for IR1 or CR1 depending on their requirements and eligibilities. There are different visa categories for the adopted children of US citizens, their certain family members and more. There are immigration options for the certain family members of US PR holders.

However, the long list of rules may cause confusion, thus mistakes occur. You should contact a recognized law firm to make sure that there are no mistakes in your application and it is approved on the very first try.

Wildes & Weinberg, P.C., is a noted law firm that has earned a name for itself over the years by helping numerous clients. The firm has a professional team of lawyers who handle the cases of growing clientèle. It has offices in New York, New Jersey, Miami and Los Angeles.

Wildes & Weinberg - What Are The Categories For Which Labor Certification Is Not Required?

The employer hiring employees under Labour certification usually undertakes proper recruitment campaign for the qualification. They involve different process of advertising the position in a variety of venues to recruit qualified U.S. workers.

Labour certification is required only for persons seeking immigration on the basis of employment. It is not necessary for those seeking to immigrate on the basis of a family relationship with the citizen or a permanent resident, or refugees. Some categories of employment-based immigration do not require labour certification.

Other categories for which labour certification is not required are:

    A) EB-2s with National Interest Waiver — It include those person who qualify for the second preference and whose services are considered for national interest.

    B) Qualified Physical Therapists and Professional Nurses— Persons who qualify for the second preference or third preference , and who work in occupations listed on Dept. of Labour’s Schedule A, Group 1.

    C) Certain EB-2-2 Aliens of exceptional ability — Those persons who qualify for the second preference (EB-2), and who come under the exceptional ability in the sciences or arts as defined in Dept. of Labour’s Schedule A, Group 2.

    D) Certain qualified graduates of foreign medical schools – It includes those who are unable to use the EB-1 extraordinary ability category, which is allowed for Labour certification requirement, and those in the EB-2 category for whom the Labour certification requirement has been waived.

The attorneys at Wildes & Weinberg are experts in solving complex cases of labor certification and other immigration cases.  For over 50 years Wildes & Weinberg is working with great success. It has worked for many celebrities, started with John Lennon. They are able to use their years of experience to plan winning strategies for their clients.

Wildes & Weinberg - Availing The Benefits Of U.S Immigration Services

Getting into an American university is hard enough for many of the students. You have to figure out how to get a visa in a right way. The first thing that you have to do is to contact the Embassy as they are the only authoritative source of information in your country as the rules and regulations keep on changing.

Wildes & Weinberg

The immigration law gives permission to foreign nationals to study in the United States. Wildes & Weinberg is the prominent law firm, concentrating in the immigration field in the U.S.A student visa is required for those who aspire to seek education in the US. Foreign students visiting the US needs to complete the required documentation and paperwork for enrolling in any academic courses.

Non-immigrant visas are available for those who wish to study in the US. These visas are classified into two forms as F and M visas. The F-visa is given to non-immigrant students going to enroll in language programs or other academic degrees. The M-visa is given to those foreign students who plan to pursue a vocational degree by enrolling in these courses. Three basic areas of US immigration benefits are given below:

• Non-immigrants: These visas are issued to foreign nationals on a temporary basis, for a specific purpose. There are many visas available for such purposes such as visitors for business or pleasure, treaty traders or investors, Students & Trainees, temporary workers filling Specialty Occupations etc.
• Lawful Permanent Residence: These visas can be obtained through the  qualifying family relationship, employment sponsorship, green card,and asylum. Lawful permanent residents are identified as non-U.S. citizens who are authorized to work and stay in the U.S.
• U.S Citizenship (Naturalization): A person qualifies for U.S citizenship if he  has been a lawful permanent resident for five years (in some cases, 3 years) The person should be physically present in the U.S. for half of that time citizenship after three years.

Obtaining a visa for studying in U.S takes considerable time, but if relevant information is gathered and the necessary documentation is kept ready, it can be a very easy process. The number of student visas to the U.S has grown steadily over the years. Most visas require a temporary stay and the person has to return one's home country after the visa expires.

Wildes & Weinberg - Things To Know When Immigrating To America To Be With Family

Immigration to the United States can be done on a variety of categories. Family based immigration is one of these many categories under which many foreign nationals come to the country, so that they can be with their family.

However, there are certain legal aspects or matters that you should know when immigrating to America to be with your family. These aspects include –

Wildes & Weinberg

• There are two types under this category - immediate relatives and family preference.
• Immediate relatives are those applicants who have a close family relationship with an American citizen. It includes spouse, parents, children etc.
• Family preference type is for those applicants who have a more of distant family relationship with an US national. It includes brothers & sisters, married children etc.
• Same sex spouses of American nationals are eligible for the same rights.
• However, applicants cannot apply on the basis of the sponsorship of their grandparents, aunts, uncles and in-laws.
• These categories have numerical limitations, which mean that if the number of qualified applicants surpasses the limitation, there will be an immigration wait. 
  
  

However not many applicants are aware of all the above mentioned things. Lack of knowledge can lead to mistakes and issues in the application process, which you certainly want to avoid. So, opting for professional legal help is essential. Contact a recognized law firm in the United States such as Wildes & Weinberg, P.C. Such firms have the knowledge, experience and staff to help you out with the immigration problems.

Wildes & Weinberg has been assisting clients with immigration issues for decades. Many clients including numerous celebrities have trusted this law firm for their US immigration. The firm provides legal services in a variety of immigration matters including visas, citizenships and more.