Green Card & Visa News » Immigration Application

Australian skilled migration visa program changes coming 1 July 2012 – Apply now!

Tushar Mathur — Wed, 25 Jan 2012 08:49:00 +0000

Beginning 1 July 2012, Australian immigration will be introducing huge changes to their skilled migration program. This represents the most dramatic change to the Australian immigration system in many, many years. It is expected that under the Australian immigration system fewer people will qualify and processing times will be longer. If you wish to come under the current skilled immigration programme you should apply for a skills assessment as soon as possible. You need to be ready with your skills assessment and, have passed the English language test before you can submit your immigration application.

This is a really significant change from the current Australian immigration system. It is likely that fewer people will qualify under the new scheme because under the new scheme you will not only need to gain enough points but, in addition, Australia immigration will decide whether or not you will be allowed to submit an application. This is compared to the current system wherein if you gain enough points under the particular visa scheme you are likely to get in.

From 1 July 2012, all new prospective Australian skilled migration visa applicants will have to submit an EOI and wait for an invitation before they can lodge their visa application. For those who have lodged a visa application before that date, Australian immigration will process the application in accordance with any priority processing direction in effect at that time.

Australian visa applicants will be selected based on their points test score in a number of selection criteria. All prospective visa applicants will be required to meet the relevant English language requirements and obtain the necessary skills assessment prior to their EOI submission. However, unlike now you will have to also be approved by SkillSelect to obtain your visa. This brings in greater uncertainty compared to the current system.

The SkillSelect system will affect applicants for the following Australian skilled visas:

Independent Skilled Migration (subclasses 175 and 885)
State Sponsored Skilled Migration (subclasses 176 and 886)
Business Skills (subclasses 132, 161, 162, 163, 164, 165, 890, 891, 892, 893)
Employer Nomination Scheme (subclasses 121 and 856)
Regional Sponsored Nomination Scheme (subclasses 119 and 857)
Subclass 457 Temporary Business (Long Stay) visa (subclass 457).

Remember if you wish to apply for a skilled immigration visa you should start preparing now so that you are ready to submit your application before 1 July 2012.

Once the new system in implemented, SkillSelect will begin issuing invitations to eligible applicants in August 2012. Invitations will be issued to the highest ranking EOIs in descending order. The date and time of submission of the completed EOI may be used to separate those who score equally, so apply as soon as possible. Australian immigration will also announce a cap for occupations to limit how many people are selected from a certain occupation group. This ensures that the migration program is not dominated by a narrow range of occupations.

Global Visa Support offers various Australian programmes. Please check our Australian page for more information: http://globalvisasupport.com/australia.html

Seattle Immigration Lawyer | Are Immigration Benefits Available to Same-Sex Spouses?

Tushar Mathur — Tue, 12 Apr 2011 02:37:00 +0000

One question that I have been asked as an immigration attorney is: what is the best way for a same-sex couple—when one person is a US citizen—to get married and live together in the US? Like the answer to many legal questions, the answer is not clear. The issue of how same-sex couples are treated under our immigration laws is currently being litigated and will probably have to be decided by the U.S. Supreme Court in the next several years. As of right now, the immigration laws in the U.S. only recognize marriage as being between a man and a woman. This is still true despite the fact that in February of this year, the Obama Administration announced that the federal law defining marriage this way (D.O.M.A.) is unconstitutional.

Therefore, with this uncertainty in mind, it would be very risky for same-sex married couples to affirmatively seek immigration benefits based on their marriage. At the same time, it might be risky for same-sex couples to get married marry if the immigration status of one of them is dependent on that person maintaining a foreign residence, i.e., in the case of a non-immigrant visa holder.

Caveats aside, theoretically, an unmarried, same-sex couple could contemplate moving to a U.S. state that recognizes and issues marriage licenses to same-sex couples (currently: Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and D.C.) and then seeking adjustment of status to that of a permanent resident based on the state-recognized marriage. Of course, like any other marriage- based application, they would have to show that it was a bona fide marriage entered into not merely for immigration benefits.

However, the safest option right now would probably be to wait for the law to change before filing any immigration application based on a same-sex marriage. Same-sex partners should speak with an immigration attorney before filing any immigration application and before getting married. It might well be worth exploring other non-marriage-based visa options for traveling and living in the U.S. temporarily or permanently. And, in cases where marriage to a partner who is in a foreign country is contemplated, it is often best if the U.S. citizen partner consults with an immigration attorney first, on his or her own, without involving the foreign-based partner.

Seattle Immigration Lawyer | Asylum Basics Continued, The Application

Tushar Mathur — Fri, 24 Sep 2010 01:55:00 +0000

If you are not in removal proceedings and wish to apply for asylum, you must file a form I-589. Simply filling out the application is not sufficient. You should attach a detailed declaration, either written by you or, better yet, with the help an immigration attorney, of the persecution that you suffered and/or fear that you will suffer if you are returned to your home country. This is your chance to tell your story. As traumatizing as it likely will be, now is the time to write down all the details. When did the events happen? Where did the events happen? Who was involved? Why did they happen to you? Why were you the target of persecution?

A powerful declaration will be easy for the asylum officer to follow, and, most importantly, will show the connection between the persecution and the grounds for asylum (e.g. membership in a particular social group) that you are claiming in a simple and direct fashion.

You must attach additional substantial documentary evidence corroborating your claim. Examples include affidavits from witnesses, media reports of persons in similar situations suffering persecution, as well as country condition reports by the State Department and NGOs, such as Human Rights Watch. If available, an opinion letter or declaration from an expert in the field, or a doctor or psychologist can be very persuasive. The Instructions for Form I-589 and the form itself can be can be found at the USCIS website here.

An experienced immigration attorney can work with you to assemble a strong asylum application, including a legal brief that discusses the legal arguments on which your claim is based. (In Washington State, if you cannot afford an attorney, I recommend contacting Northwest Immigrant Rights Project, which offers free or low-cost immigration services for low-income individuals and families. There are similar non-profits in other states.)

Stay tuned for the next posting on the Asylum Interview and Officer’s Decision.

Stamping Requirement for L1 Visa

Tushar Mathur — Tue, 29 Sep 2009 17:23:13 +0000

L1 is a working class visa for the United States of America. Upon receipt of the approval on the L1 visa petition, your original documents would be required to be submitted. Under mentioned are the list of documents that would be required for the same.

The first requirement for the L1 visa would be a completed DS 156. This is the non immigration visa application form.
The next document in line that would be required would be the DS 157. This should also be completed in all respect.
Original receipt of the visa fee paid. This receipt would be issued by HDFC bank. (The HDFC bank would be applicable only if the application is from India).
A copy of the appointment letter for the interview at the embassy. This should be obtained at the time when the appointment was set up originally at the VFS.
A valid passport would also be required. Please note the passport should have a validity of more than six months at least.
A copy of the latest resume of the applicant would be required.
A copy of the original L1 petition that was submitted to the USCIS at the time of applying for the L1 visa.
A letter would also be required from your employer to the consulate would also be required, requesting for a L1 visa for your, it should also have details about your employment in the United States.
The above mentioned letter should be accompanied with all the other legal paper work that you should have received from your employer in the United States.
2 photographs would be required, the specification for this is that, the photos should be 2” by 2” (50mm) square in shape, there should be no head covering, the background should be absolutely white in color. Please note that the United States consulate is extremely particular about these photographs. But you need not worry; any photo studio you visit would be doing it for you, if you tell them that it’s for the United States embassy.
Last but certainly not the least; you would be required to attach the demand draft for the visa issuance fee. You can know about the latest applicable rates either from the bank or from the net.

Being prepared with the above mentioned documents, would make your experience smooth at the United States consulate.