We have regularly heard it advised that when immigration legal professionals recommend that laypersons keep away from filing their personal immigration paperwork, financial self-hobby is the most effective motivation. This is a ways from the truth. We can not estimate how commonly our firm has had to try and undo the harm achieved to a wonderfully precise case by an overconfident immigrant, human resources manager, or placement company. Personally, I could alternatively lose a capacity client to any other lawyer than to peer her take a threat on filing her personal office work with the USCIS. The likelihood of failure is just too excessive.
Following is a list of five great immigration horror tales that have come upon our table due to the fact that the beginning of the yr. All of those sad situations might have been averted if the parties would have first consulted with an experienced immigration lawyer.
THE L-1 TRANSFERS THAT ALMOST NEVER HAPPENED
The CEO of a UK Software business enterprise based in Manchester referred to as me at the stop of April. She had been attempting seeing that December 2006 to switch 3 key personnel to a U.S. Subsidiary inside the Southwestern United States. Two of those had been British citizens, and one become a citizen of a country in Southeast Asia. This need to have been a straightforward case.
The enterprise's U.S. Accomplice attempted to address the office work himself, considering he'd formerly handled NAFTA visas for a couple of Canadian professionals. What the employer did now not recognize become that the software requirements and tactics for a NAFTA visa differ drastically from those relevant to the L-1 intracompany transferee visa. Although the partner had all of the records and documents he had to process the case in January, he held up the petitions in order that he may want to research the ideal L-1 strategies. It was late April, and the accomplice nevertheless had no longer moved forward at the petitions.
I requested the CEO to courier me the information and files. Within 3 weeks of receiving the files, we have been able to send all three of the transferees to the United Embassy in London to have their passports stamped with their L-1A visas. Problem solved.
THE CONSULAR DENIAL
An artists agent/promoter became looking to deliver a group of Peruvian people musicians to the U.S. For a series of music festivals. Amazingly, he become capable to properly prepare and file the specified petition. He obtained the approval word from the USCIS within forty five days. When the musicians went to the U.S. Consulate in Lima to choose up their visas, they have been denied. The problem: The consular respectable did not believe the musicians had "sufficient ties to Peru", no matter the truth that they had lived all their lives in Peru, their dad and mom, wives and youngsters lived in Peru, and that they had jobs and agencies to return to in Peru once the visas expired.
Having formerly dealt with quite a few consular denials, we were given at the cellphone with the U.S. Consular respectable who had dealt with the musicians, made a listing of all his objections, and reprocessed the visa applications. Within every week, the musicians have been issued their visas, and have been on their way to California. (Incidentally, prior approval of a visa petition by USCIS does now not guarantee issuance of the visa via the U.S. State Department; and previous issuance of a visa by means of the U.S. Consulate does no longer guarantee admission to the U.S. By way of USCIS.)
MISSING THE H-1B BOAT
Toward the stop of February we received a call from an exasperated young guy who have been supplied a task at a medical health facility in Nevada as a clinical physicist. After some independent research on the internet, he had decided that the clinic should document an H-1B petition on his behalf. The enterprise, which had in no way petitioned for an alien worker before, left the immigration info up to him.
He studied the USCIS website, downloaded the paperwork, and sent them to the hospital. The hospital crammed out the forms and despatched them into the USCIS with a filing price of $one hundred ninety.00. That become in January, and he still had no longer heard some thing from the USCIS. The source of his strain was the hearsay that began circulating in February that the H-1B cap for the present day monetary year could be reached on April 2, 2007 -- the first actual day that the visa cap turned into slated to open. He wanted to know what might show up if his application changed into no longer approved earlier than the cap was reached.
Before coping with his primary concern, we asked him to fax us all the files the health facility had filed with the USCIS. Our worst suspicions were showed, upon review of the documents. The paperwork have been filled out incorrectly, forms that did now not should be filed were filed along with the ideal bureaucracy, and the filing price become incomplete. The triumphing salary for the position had now not been determined, and no hard work condition application have been filed with the Department of Labor. Additionally, the hospital had no longer supplied enough evidence concerning either the hospital or the position offered. Besides all of this, USCIS guidelines were clear that petitions that reached its mailroom prior to April 2, 2007 might be rejected. Thus, it changed into clear to us that USCIS might subsequently reject the petition. When we gave the younger guy the terrible information, he was pretty skeptical. We counseled that he pull lower back the authentic petition, and re-document a corrected petition precisely on April 2, 2007. He told us he might reflect onconsideration on it and phone us back.
On March 14, we obtained some other call from the young man. USCIS had rejected the petition as we had predicted and had back it to the health facility. He requested us to take over the case. On April 2, 2007, we filed the corrected H-1B petition. Over 150,000 petitions arrived at USCIS on the identical day, they all vying for the sixty five,000 available visas. Fortunately, our customer's H-1B visa petition became among the ones randomly decided on for processing. He has due to the fact that received his Notice of Approval.
THE NAFTA REJECTION
On May 25, 2007, we obtained a cellphone name from a lady who had been hired as a pc structures analyst via a excessive-tech startup corporation in San Francisco. She had landed the process thru a recruiting company in Toronto. That same recruiting company had referred the candidate to a Canadian attorney to put together the application. This must have been a reasonably routine remember, since the lady certified for a TN-1 visa beneath the North American Free Trade Agreement (NAFTA). However, it turned out that the attorney had constrained enjoy in those subjects. In his apparent lack of awareness, the legal professional despatched the female to the U.S./Canadian border at Buffalo with a poorly organized software bundle (which lacked sufficient proof of the woman's qualifications) to use for the visa in advance of the date she clearly deliberate to go into the US. She became rejected.
We reviewed the paperwork she had provided at the border, and located it to be pretty looking in substance in addition to presentation. She requested us to take over the case, and in a be counted of 5 days, we sent her off to the pre-flight inspection publish at Pearson International Airport with an expertly prepared software, and her baggage in hand. Happily we received a cellphone call from her that afternoon giving us the coolest information that she had been issued the TN-1 visa and changed into about to board her flight to San Francisco. We have received numerous referrals from this customer within the last two months.
IT'S NEVER AS EASY AS THEY TELL YOU
In early April of this 12 months, our workplace was contacted by using a gentleman who had been presented a excessive-paying task as a family counselor in the Southern United States. Although he had no University Degree, he had obtained simply brief of four years experience on this discipline. He contacted the USCIS on his personal and changed into advised through some unnamed clerk that all he had to do became to fill out "an I-750", gift it on the airport, then file a petition for an adjustment of reputation as soon as he arrived within the United States.
Thrilled at the information, the gentleman again to Canada, offered his domestic, cease his task (as did his wife) took his children out of college, and they all showed up at the airport, bags in hand. Of direction, they had been became away. Reasons: 1.) he had observed the wrong method for a permanent work visa; 2.) he didn't qualify below any brief paintings visa class seeing that he did no longer preserve a college diploma and did not have as a minimum 5 years experience inside the relevant area.
Unfortunately, there has been nothing we could do for this money transmitter license new york, on the grounds that he did not qualify for any type of visa. Even though he stood an amazing shot at qualifying for a visa beneath NAFTA with one greater 12 months of experience, he had already cease his task and bought his residence. The damage changed into achieved.
Not every case may be salvaged, as the above example illustrates. But many can, and we are quite happy with the instances we have efficaciously shepherded to a first-class disposition. Of direction, it would be a lot better for all events worried if, as opposed to seeking to manage vital immigration matters on their personal, capacity immigrants or employers take the time to consult with an experienced immigration legal professional. The savings in time, cash and frustration is nicely well worth the investment.
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