U.S. immigration law provides for the examination of all persons seeking admission to the U.S. by an immigration officer (CBP), at a port of entry. Once determined not to be a U.S. citizen, the applicant will be inspected as an “Alien”. There are, however, certain classes of aliens who are specifically exempt inspection and may not be excluded from the United States.

Members of U.S. Armed Forces

Non-citizen servicemen and women of the U.S. military forces entering the United States from abroad, under official orders, are exempt from the immigration inspection process. Such persons returning to the U.S. after a temporary trip are also eligible for this exemption without presenting any official orders. However, if found inadmissible for any reason, CBP will advise them accordingly and allow entry.

Members of NATO Armed Forces

The Agreement Between members of NATO regarding the Status of Forces (“Status of Forces Agreement”, or SOFA) states that NATO military personnel are normally exempt from immigration inspections and, until recently, were not issued a Form I-94 (Arrival/Departure document). Such persons enter the United States upon presentation of military I.D. and official orders. Countries currently party to the SOFA are: Belgium, Canada, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Spain, Turkey, the United Kingdom of Great Britain and Northern Ireland, and the United States.

NATO aliens are exempt from inspection, but may be screened to confirm identity. NATO military personnel stationed in the United States for a significant period of time (over 6 months) need a Form I-94, Arrival/Departure Record, for “quality of life” reasons, such as to secure a social security number or a state-issued driver’s license.

To ensure that these persons routinely receive a Form I-94 at the time of inspection, the U.S. Department of State has recommended that NATO personnel entering for a significant period of time be issued a visa at a U.S. Embassy or Consulate abroad. Accordingly, although not required, NATO personnel may present a visa at the time of inspection so that a Form I-94 may be issued.

A NATO military nonimmigrant who is an applicant for admission and intends to remain in the United States for a significant period of time and who does not have a visa may present a letter concerning the nature of the intended stay in the United States so that CBP has a legal basis for issuing an I-94 card. Such a letter must include a specific and concrete explanation of the nature, location, and duration of the NATO member’s stay in the United States, a request for a Form I-94 and the signature of the NATO country commander or designee in the United States where the alien is to reside for a significant period of time. The Form I-94 should be issued for the length of stay as specified in the individual’s military orders.

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For most people, travel to the United States is the elusive American dream. Every year, thousands of foreigners flock to the U.S. to view the many sights and experience the numerous sounds America can offer. The various landmarks and exciting activities available in the United States make it a very attractive place for vacation and sightseeing. Although there are a lot of interesting places to see and experience, travel to the U.S. is not as easy as traveling to Asia or Europe. If you’re planning a pleasure trip to the United States, the very first thing to consider is a B1 or B2 Visitor Visa.

Before a visitor visa can be granted, the applicant must be able to prove that he or she has permanent residence abroad and that the visit to the United States is a temporary one. The visa aspirant also needs to ascertain that he/she will leave the United States at the end of the visit, has authorization to enter a foreign land after the trip to the U.S. and has access to ample funds that will enable travel expenses and return fare.

The B1 Visitor Visa or the Business Visitor Visa is the non immigrant visa you need to apply for to gain entry into the United States for a variety of business-related reasons. You may have to get a visa to meet with business contacts based in the United States. Obtaining a B1 visitor visa is also a must to attend technical, academic, professional or commerce-related conventions and definite-dated conferences. A person who intends to resolve property and estate issues in the United States also need to acquire a visitor visa. Moreover, you may need to apply for a B1 visitor visa to do consultation and bargaining on business deals to be done in the U.S. Some people also get hold of a B1 visitor visa to do research or a number file for a visa to attend training programs. This visa may need to be contracted to participate in a sporting event or tournament.

The B2 Visitor Visa or the Tourist, Vacation and Medical Treatment Visitor Visa is the non immigrant visa you should file if you wish to enter the United States for the pleasure-related or medical-related reasons. Apply for a visa to visit and reconnect with family and relatives in the United States. In cases where you need to seek expert medical diagnosis and treatment in the U.S., you have to obtain a visitor visa. You may also need to file a visa to participate in social and community activities to be held in the United States. Dependents of Armed Forces members need to acquire a visa. If you are an amateur performer or athlete, it may be necessary for you to get a visa.

Should your purpose for visiting the United States fall under any of the foregoing grounds, what you need to do is to secure an appointment for a B1/B2 visitor visa interview with the U.S. Embassy or Consulate in your country of residence. Waiting times for visa interview appointment and visa processing vary depending on the embassy and consulate in your home country.

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Immigration is the reality of present life. People immigrate for education, security, employment etc. reasons. However, immigration changes a family’s surroundings entirely. It is critical to manage this change to ensure success. Managing requires control based on information and best practices.

Where to start managing the process?

The process starts before you leave your home country

Research and planning for the upcoming move are important; the process should start no later than receiving the first official communication of the approval to immigrate. First step is to understanding and alleviating the concerns of family. In most cases the principal of the family need to explain, the rewards immigration can bring, the length of time the settlement process may take, the overall financial plan, some of the comforts which may have to be sacrificed

Immigrating is almost never easy, so it is important to identify the benefits of taking such a major step. Sharing information enables other members of the family to be aware of the goal and assist in the process. Writing down these goals can be a morale booster for the family.

In general, the settlement process takes approximately 3 to 5 years. A clear plan enhances the process and reduces the “surprises”. For example, one must be ready to build new skill sets through training, (re-certification, licensing. In some cases, a career change may be required. Building a new skill set means entry level jobs and low income; therefore, it is important to plan how both spouses can work and financially contribute in the process of settlement.

While both spouses are busy planning career launches, it is no less important to help the children adapt to the new place. By involving them in after-school activities, children meet people and learn the culture of the new country. Usually, after-school activities like music classes, swimming lessons, hockey lessons etc. can help them to socialize with their peers in a healthy environment.

One of the harshest realities of immigration is sacrificing the comforts available in the home country. Indeed, it is cruel to give up the comfortable life and experience the hardship in a new place, but that is the truth for any significant change. By basic human nature, going out of the comfort zone is almost never preferred-missing the company of friends and family is very common; distance is always a barrier. A family can certainly look forward to better days, if clear goals are set and the hard spots are forestalled. With proper planning based on information and through hard work, many families make it a success every year.

Canada is one of the most welcoming countries for immigration. Canada needs immigrant population to sustain its growth. Toronto is the financial Capital of Canada. This city has the highest population of immigrant Canadian. If you decide to immigrate to Canada, Toronto deserves to be your home. Toronto is open to multiculturalism, and appreciates knowledge, skill and strengths brought in by immigrants from different countries around the world.

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Immigration background check has been a standard operating procedure when you moved to the United States or some other countries even if you have with you your green card or visa. However, you might be surprised on what background checks would look like; thus, it is recommended that you also run an immigration background check on yourself to have an idea on what might happen next.

The immigration background check usually takes only about five minutes. You just need your date of birth and full legal name. The authority will input the information that you gave in a system where records are stored. This will determine if you have a clean record or if you have some offenses in the past. It is important to know what are included in your background check. You may want to double check if the all information are accurate.

Inaccurate information might give you problems in the future. Although you have your visa or green card, you can still be deported if the authorities found a serious offense against you. Thus, make sure that the information in your immigration background check is accurate since inaccuracy could be a great problem at the end of the day. This is why it is important to know what is there and do it right the first time around. If you are unsure whether or not the offenses on your record will keep you from entering the country you will want to look into immigration laws to see if this is going to be an issue for you. Knowing these information will keep you from any form of frustration that you could relate with immigration background check.

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One of the things that the Federal Government is supposed to do is control immigration and over the last couple of years a great deal of hot air (let’s hope it wasn’t greenhouse gases) has come out of Washington on the subject. However, aside from a mix of photo-op posturing, disingenuous calls for action and whining platitudes, very little was accomplished other than tweaking the vocabulary to turn “illegal alien” into the more PC-compatible “undocumented worker.” I am sorry to say this Nancy, Harry, Ted, Gavin; these people are not”undocumented workers” they are, in point of fact, “illegal aliens.” They came into the country illegally, they are working illegally; they are criminals and now, in an effort to keep Immigration and Customs Enforcement (ICE) off their trail, they are making things worse by stealing the identities of American citizens!

Well, if the Congress won’t do anything about illegal immigration, border security, the resulting identity theft and so on, then ICE and the States will-and they have. The tactics, however, are not just the old catch-and-release policies of days gone by. For a while now, a prosecutorial eye has been fixing its baleful gaze on employers.

Operation Wagon Train
One case in point is the series of ICE raids against Swift & Company, the large meat packing company. The raids, which took place in 2006, were conducted against six of the company’s facilities: Greeley, Colorado; Grand Island, Nebraska; Cactus, Texas; Hyrum, Utah; Marshalltown, Iowa; and Worthington, Minnesota. In a December, 2006 press conference held by Homeland Security Michael Chertoff, Immigration and Customs Enforcement Assistant Secretary Julie Myers, and Federal Trade Commission Chairman Deborah Platt Majoras, Secretary Chertoff made these remarks about the raids (The emphasis below is mine):

Of the 1,282 workers who were arrested on administrative immigration violations, approximately 65 were also charged with identity theft-related charges – those are criminal charges – or other similar criminal violations, including reentry. That number may change as the investigation continues and as more individuals get charged with criminal violations in addition to administrative violations.

The investigation began in February of this year. The evidence we uncovered indicates that hundreds of Swift workers illegally assumed the identities of U.S. citizens, using stolen or fraudulently acquired Social Security numbers and other identity documents which they used to get jobs at Swift facilities. I emphasize that the investigation is continuing, particularly with respect to those who facilitated or conspired with others to allow this use of identity theft to support illegal work. So some of the follow-on is going to continue as the investigation matures.

Now, this is not only a case about illegal immigration, which is bad enough. It’s a case about identity theft in violation of the privacy rights and the economic rights of innocent Americans. I will tell you that the people whose identities were stolen – and we believe, based on reporting we got at the federal Trade Commission (FTC) – that these number at least in the hundreds. These individuals suffered very real consequences in their lives. These were not victimless crimes.

“Those who facilitated”-the employers-are targets. In 2007, ICE made 863 criminal arrests; 59 were owners and 33 were lower-level managers. These people were primarily charged with knowingly hiring illegal workers. This is a huge rise from the 176 such arrests that ICE made in 2006. How are they doing it? With the threat of prison and deportation over their heads, it is not difficult for ICE agents to convince many illegal aliens to cut a deal and turn State’s evidence. Wearing wires and using false credentials provided to them by ICE, these illegals tape conversations, apply for and get new jobs and generally collect incriminating evidence of wrongdoing on the part of management and business owners. The evidence is turned over to ICE, arrests are made and prosecutions proceed.

The raids on Swift were merely the largest and most public example, but there are smaller actions being taken each day and they all convey the same message: Do not hire illegal aliens. However, ICE isn’t the only voice with that message. The States, frustrated over Washington’s lack of leadership on the subject, are being heard as well and, as an employer, it would be wise for you to listen.

Hire an Illegal Alien, Go Out of Business
The toughest states for illegal immigration are Tennessee, Arizona and Mississippi, all of which will yank your business license for hiring an illegal alien if you have not followed the law’s provisions for determining an applicant’s status. Mississippi, for example, mandates the use of the Federal Government’s E-Verify system. Employers who use it and still get caught should have nothing to worry about as long as they have done nothing to assist the illegal alien in question. The law states:

Any employer that complies with the requirements of this section shall be held harmless by the Mississippi Department of Employment Security, provided the employer is not directly involved in the creation of any false documents, and provided that the employer did not knowingly and willfully accept false documents from the employee.

These laws also target the illegal aliens in addition to the employers. The Mississippi law mandates a felony conviction for an illegal alien accepting work with a penalty of up to 5 years in prison and up to $10,000 in fines. In Oklahoma, the law requires employers to use E-Verify, it also makes it far more difficult for illegal immigrants to get government identification documents or receive public assistance, authorizes the police to check the immigration status of anyone arrested, and makes it a felony offense for U.S. citizens to knowingly provide shelter, transportation, or employment to illegal immigrants.

The list goes on but the pattern-and the message arising from it-is clear. Frustrated over the inaction of Congress (Section 2, Paragraph (a) of the Tennessee statute reads in part: “For purposes of enforcing federal immigration laws, including, if applicable, federal laws relating to the employment of illegal aliens…”), the States have taken the power to deal with this immigration issue onto themselves. Of course, not everyone agrees. There are those who say that the Congress has the sole authority to pass laws governing immigration, while there are others who argue that the states have the right, a drama that will eventually be played out in the courts. There can be no argument, however, that if the states have to pass laws to enforce existing federal law, then something is deeply wrong in Washington. In fact, that fact alone, that the states feel as if they must-and can-take over what is a federal issue should make every taxpayer sit up and take notice of what is happening on the federal level. However, while you are sitting up and taking notice; you, as a business owner, need to figure out how to protect yourself.

The Bottom Line: Is Cheap Labor Worth the Risk?
Cheap labor: That is why illegals get hired in the first place. You can hire more of them for the same amount of payroll money, or hire less and pocket the difference. What’s more, they don’t demand benefits, they do jobs that others won’t do and their status as illegal aliens makes them very easy to exploit as far as work hours and conditions are concerned.

On the other hand, these same people are now wearing wires and implicating their employers in this criminal relationship. On top of that they are committing identity theft and harming honest Americans just to stay here. Sure, from a cash point of view, they are a bargain, but the hidden costs and risks associated with hiring an illegal alien mount up very quickly.

If you want to make sure that your company is in compliance with the law, a great place to start is the ICE Mutual Agreement between Government and Employers (IMAGE) program. The program, started in 2007, is designed to help employers in certain business sectors develop a more secure and stable workforce and to enhance fraudulent document awareness through education and training. ICE and U.S. Citizenship and Immigration Services (USCIS) educate and train participants on proper hiring procedures, detecting document fraud, using the E-Verify system and anti-discrimination procedures.

That will help cover you as far as the Federal Government is concerned. You also need to make sure that you are up to scratch with state and local laws as well. Remember, some of these can put you out of business so be aware. This is not a time for panic, it is a time to get educated and get compliant. Illegal immigration is a drain on our economy and a threat to our security, and it is up to all of us to help put an end to it. The community will be better for it and your business will be better for it.

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There are many people around the world who travel to United States of America using different classes of US Visa such as tourist visa, student visa, K-1 spouse Visa, Family Visa, Green card lottery visa, Work Visa. There are many foreigner who come to United States to settle there temporary or on permanent basis. Around thousands of people apply for different categories of US Visa. Any foreigner who want to enter the domestic territory of United States need to avail US Visa under the following scenarios

·        If the person is not the permanent resident of twenty seven Visa Waiver countries

·        If he or she is not the permanent resident of Canada or Bermuda

·        If the concerned person is not eligible to travel United States without availing any class of Visa due to his/her criminal record or other anti-social mal-practices

There are many other countries who have adopted the method of providing visas to eligible people from different parts of the world due to security concerns of citizens and visitors.

Highly sophisticated techniques are involved in providing US Visa. Visa applications are deeply scrutinized and interviews are conducted by visa consulates. The database available at US embassies cross checks all the details provided by the applicants.

Immigration process for United states at least a year or two after applicant of different countries submit their immigration visa applicants

There are two major classifications of US Visa

·        Immigrant Visa-It is for those people who are looking to settle permanently in United States of America. In this condition the applicant need to be sponsored by citizen residing in United States or by a professional employer An affidavit is required by the US embassy regarding the financial status of citizen sponsoring the visa applicant.

·        Non-Immigration Visa-It is applicable for those people, who are residing outside the domestic territory of United States and but looking to enter the US domestic territory for some purpose which is applicable for short duration of time. There are many valid reasons available for non-immigrant visa such as medical treatment, traveling purposes, business conferences and educational purposes.

Fees for US Visa

The US visa applicant need to pay the visa interview fees which is $131 (w.e.f Jan 2008) to the visa consulate for interview to be conducted by consular officer who takes the decision regarding issue of visa to the particular candidate who qualifies in the interview round. The fees is non refundable if the visa applicant is rejected after the interview. There are some major criterias, which supports the qualification for US Visa to enter the domestic territory of United States of America.

The US immigration process is very hectic, lengthy and costly. The US Visa applicants need to pay $1000 even after paying processing fees to permanently reside in United States of America

There are different classes of us visa, availing which enables the person to enter the domestic territory of United States of America.

Classes of US Visa

• Tourist Visa / B1 / B2
• Work Permit / H1B Visa
• Spouse VISA / V VISA
• Artist / Sports VISA
• Temporary VISA
• Company VISA
• Student VISA F / J / M
• US Marriage VISA

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American Citizenship

American immigration law is highly complex and constantly changing, and the key to smooth citizenship processing requires educating oneself about the process. The citizenship application process is made up of 10 STEPS:

(1) Applicant Gathers Documents & Fills Out N400 Form
(2) Applicant Signs Citizenship Application and Prepares Attachments and Fee of $675.00
(3) Applicant Submits Citizenship Application to U.S. Dept. of Homeland Security
(4) Applicant Receives Official Receipts Acknowledging Successful Submission
(5) Applicant Receives Biometrics Appointment Letter to Give Fingerprints/Photo
(6) Applicant Studies for Citizenship Interview Tests (Information on www.uscis.gov)
(7) Applicant Practices for Citizenship Interview
(8) Applicant Attends Citizenship Interview
(9) Applicant Receives Oath Ceremony Notice
(10) Applicant Attends Citizenship Oath Ceremony

Citizenship Interview

The citizenship interview usually takes place about 6-12 months after the citizenship application is submitted – the timing of the interview depends on where the applicant lives in the United States. At the conclusion of the 10-15 minute citizenship interview (which is held at the U.S. Dept. of Homeland Security office nearest to the applicant’s residence) if all of the applicant’s paperwork is in order and the test questions have been answered correctly, the Department of Homeland Security Officer has the authority to tell the applicant that he/she passed and will be scheduled for the Citizenship Oath Ceremony (usually scheduled within a month).

The Citizenship Test Will Change Soon

Beginning October 1, 2008, the questions on the citizenship test, which currently has 100 questions, will be changed. All applicants who file for citizenship on or after October 1, 2008 will be required to take the new test. There are some applicants, because they are elderly or have a disability, who may not have to take the citizenship test. In addition to the 100 question test, the applicant must also read one sentence in English and write one sentence in English.

Citizenship is Sometimes Delayed Due to Background Security Checks

The FBI’s biggest customer for fingerprint and name checks is the U.S. Department of Homeland Security. The fingerprint checks are generally finished very quickly. However, the FBI uses old technology and workers without enough training to do the security checks on people applying for citizenship.

The U.S. Department of Homeland Security sent the FBI more than 2 million requests for name checks, and 3.2 million requests for fingerprint checks in 2007. The FBI blames the backlog on the decision to recheck 2.7 million names after the 9/11 terrorist attacks. Generally, if a citizenship application gets delayed for too long due to FBI background checks, the best solution is to file a lawsuit in federal court to resolve the matter.

What If the Applicant Has a Criminal Arrest or Conviction?

Some criminal arrests and convictions disqualify an applicant for citizenship and others do not. Judges view each crime differently and sometimes it depends on the state where the crime allegedly occurred. The bottom line is that the Officer won’t grant citizenship while a criminal case is still pending, or if a person is still on probation. For some crimes, merely filing for citizenship causes the Officer to not only deny citizenship but to take a green card (Lawful Permanent Resident card) away.

Calculation of Time Abroad

The requirements for American Citizenship include a period of both “continuous residence” and “physical presence” in the United States. Different, and sometimes complicated, calculations are used for each requirement.

Traveling Abroad While the Citizenship Application is Pending

Applicants should not have any problems traveling abroad when the citizenship application is pending. Of course, they should have a valid passport (from the country of which they are still a citizen) and their green card (Lawful Permanent Resident I-551 Card) to re-enter the United States. After the citizenship interview (but before the Citizenship Oath Ceremony) applicants are still considered Lawful Permanent Residents.

Dual Citizenship

American law does not really mention dual citizenship (citizenship of two countries at the same time) or require a person to choose between American citizenship and another citizenship. Dual citizens who have two passports (an American passport and a passport from another country) owe allegiance to both the United States and the foreign country, and are required to obey the laws of both countries. American citizens, even ones with dual citizenship, are required to use a U.S. passport to enter and leave the United States, but are allowed to use their foreign passport at other times without endangering their American citizenship.

Changing the Applicant’s Name at the Citizenship Oath Ceremony

If an applicant wishes to change part or all of his/her name, they may request on the citizenship application that it be done by the Judge officiating over the Citizenship Oath Ceremony. When the applicant picks up their Certificate immediately after the ceremony, an official name change document should be attached. At the conclusion of the Citizenship Oath Ceremony when the new U.S. Citizen receives his/her certificate they are not only eligible for apply for a U.S. Passport but eligible to vote for the new President of the United States!

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