Posts Tagged ‘Immigration Laws’

Streamlined Australian visa applications for vocational students

May 10th, 2012 Tushar Mathur

International students will soon find it easier to study at Australian educational institutions on Technical and Further Education (TAFE) courses under new streamlined visa arrangements. TAFE courses are typically vocational courses in industries such as business, finance, tourism, construction and engineering.

New South Wales Premier Barry O’Farrell announced this week that the streamlined visa arrangements, currently only available to students studying at universities, would be extended to high-quality vocational education and training providers including TAFE courses.

“The reforms will reduce the documentary evidence needed by international students, irrespective of their country of origin, intending to study in NSW,” O’Farrell said.”It will put us back in the game as we compete with other education markets around the world.”

According to state government figures, the number of international student enrolments at NSW vocational education and training schools decreased over 20 percent between 2009 and 2011.

During a meeting of the Council of Australian Governments, the federal government agreed that relaxing the Australia visa restrictions would help state and territorial economies.

Continue reading “Streamlined Australian visa applications for vocational students”

Posted in Uncategorized Tags: , , , , , , , , , , , , , , , , , , , , , , , Comments Off

BIA held Section 245(i) Unavailable to Reentrants with Prior Violations

April 22nd, 2012 Tushar Mathur

Litigation surrounding section 245(i) of the Immigration and Nationality
Act often involves complex factual and legal issues. Matter of Miguel
LEMUS-Losa, 25 I&N Dec. 734 (BIA 2012), a recent BIA decision on section
245(i) is such an example.  In LEMUX, the
BIA held that adjustment of status under section 245(i) is unavailable to an
alien who is subject to the 3-year and 10-year bars under section 212(a)(9)(B)(i)(II)
of the Act, without a waiver.
Section 245(i) was enacted in 1994 by Congress to allow certain
applicants for adjustment of status in the U.S.
to be eligible to receive their permanent resident status even though they
entered the U.S.
without having been formally inspected by an immigration officer first.  However, Section 301 of the Illegal
Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 imposed
two additional
grounds of inadmissibility for foreigners who have prior violations of
immigration laws.  First, section
212(a)(9)(B)(i)(II) of the Act imposes the 3-year and 10-year bars for those
who have been present in the U.S.
unlawfully.   Second, section
212(a)(9)(C)(i)(I) punishes those individuals who reentered or attempted to
reenter the U.S.
after prior violations. 
In this case, the foreigner reentered the U.S.
without authorization after having been present in the U.S. for more than one year.  He then applied for adjustment of
status.  Both the immigration court and
the BIA denied his request based on the 10-year-bar under 212(a)(9)(B)(II) of
the Act.

Continue reading “BIA held Section 245(i) Unavailable to Reentrants with Prior Violations”

Posted in Uncategorized Tags: , , , , , , , , , , , , , , , , , , , , , , , Comments Off

Important issues about the filing of I-485 adjustment application

December 23rd, 2011 Tushar Mathur
The cutoff dates for employment based 2nd preference immigrant visa for China and India have advanced significantly for the past three months.  Since November 2011, the cutoff dates have leaped forwarded by more than 17 months to January 1, 2009.  The rapid advancement means that many EB-2 professionals and advance degree holders are able to submit their I-485 application to adjust status to that of legal resident of the United States.  Simultaneously the applicant may also apply for a general employment authorization document (EAD) and a travel document.   Upon approval of the I-485 application, the applicant will receive her permanent resident card (or green card).  There are some important issues related to this last step of the immigration process.

First and foremost, an applicant must ensure that she is not subject to any grounds of inadmissibility that would cause the denial of her green card.  The U.S.

Continue reading “Important issues about the filing of I-485 adjustment application”

Posted in Green Card Tags: , , , , , , , , , , , , , , , , , , , , , Comments Off

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

April 11th, 2011 Tushar Mathur
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.

Continue reading “Seattle Immigration Lawyer | Are Immigration Benefits Available to Same-Sex Spouses?”

Posted in Uncategorized Tags: , , , , , , , , , , , , , , , , , , , Comments Off

It’s Good to Be an Immigration Lawyer

March 18th, 2011 Tushar Mathur
Last Friday was a great day. That evening, I rode the Amtrak from Portland to Seattle, heading back from the American Immigration Lawyers Association’s Northwest Conference, newly invigorated from two days of classes crammed with the latest immigration law information. AILA conferences are truly a must for immigration lawyers who need to stay up-to-date on constantly changing and complex laws, policies, and practices. I attended the family-based immigration classes, which covered a wide array of topics, such as the latest in waivers and consular processing, international adoption, asylum and cancellation of removal.

Continue reading “It’s Good to Be an Immigration Lawyer”

Posted in Uncategorized Tags: , , , , , , , , , , , , , , , , , , , Comments Off

Thinking of migrating to the United States?

June 3rd, 2010 Tushar Mathur

Indians who are thinking of migrating to the United States have a few options when it comes to the immigration process. If they have close relatives currently residing in the United States who are already permanent residents or citizens, they can have their family members sponsor them. Alternatively, if they have any special skills or work in a position which is in high demand in the United States, they may opt to apply for an employment-based visa.

There are five different categories of those eligible for employment-based visas with the code E1 (Employee First Preference) taking precedence over the other codes; namely E2, E3, E4 and E5.

Continue reading “Thinking of migrating to the United States?”

Posted in Visas Tags: , , , , , , , , , , , , , , , , , , , No Comments »

E-Verify enforced from Sep 8th

September 12th, 2009 Tushar Mathur

Effective the 8th of Sep 2009 all the federal contractors and the sub contractors would be required to start using the E Verify system. This E Verify system would be primarily used to by the contractors to verify the eligibility of their employees to be working in the United States. As an act of prudence in July 09, Janet Napolitano the secretary of the Homeland Security Department (DHS) announced the administration’s support for the regulation by confirming that federal contracts would only be offered to the employers who would choose to have the E Verify system to validate the eligibility status of their employees.

Continue reading “E-Verify enforced from Sep 8th”

Posted in Visas Tags: , , , , , , , , , , , , , , , , , , , , No Comments »

Sponsors: