posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
Q: How do I show the EB-5 gift transfer from friend?

A: Eventually your friend needs to wire the money from his personal account to your personal account.

For any money that your friend plans on using from any of his business accounts, we need to see a contract of some type where a transaction occurred showing how he earned that money that is in his bank account.  If possible, we would like to see the contract and if there are any customs or duties tax payments on the contract.  As much documentation as possible showing a contract in which he earned the money.

For example, we want to submit each transaction separately.  We will give you a hypothetical of what we would want to submit to US CIS to show how the EB – 5 gift transfer was earned legally. Contract between shipping company A and shipping company B for the amount of $150,000.  Upon the purchase of four large containers, by shipping company B, which will then wire $150,000 to shipping Company A’s Business account.

The $150,000 earned in this contract was then wired to Mr. X’s Personal bank account.

As you can see in the above example, the EB 5 source of funding needs to be tracked from a legal transaction.  Gifted funds from a friend does not legalize the source of funding.  We need to prove to US CIS how the friend was able to obtain the EB 5 funds through a legal source.

***Andrew P. Johnson, a New York Immigration Lawyer, practices immigration law and has litigated immigration cases throughout the country.  His office handles all immigration issues and problems.  The Law Offices of Andrew P. Johnson has submitted proposed regulations for Congress in order to help streamline the USCIS.  In addition, Andrew P. Johnson, has been invited to speak in front of United States ambassadors and United Nations ambassadors regarding all aspects of immigration law.  The law office can reach for comments regarding Immigration Reform at 212.693.3355 or info@lawapj.com.

posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
These are actual email questions regarding various visas from our clients. (We have protected their identity and privacy).

Q: Can I receive an O-1 visa as a hairstylist?

A: We have done numerous O-1 visas, and USCIS is often much more flexible on this visa than they are with other work visas.  However it comes down to the quality of the recommendation letters.  In addition, secondary evidence such as articles about you, any type of awards or prestigious invitations within your industry, pictures of prestigious salons using your hair styles as advertisements.  (These are just ideas and not mandatory)

So what we would like on our side is for you to write a resume, and list the secondary evidence that you can eventually produce. In addition, the possible recommendation letters you can get, we just need their name their job title, and a couple of sentences which demonstrate that they have some expertise or some influence in the field.

With that we can do in an evaluation regarding the potential success of your O-1 visa case.

***Andrew P. Johnson, a New York Immigration Lawyer, practices immigration law and has litigated immigration cases throughout the country.  His office handles all immigration issues and problems.  The Law Offices of Andrew P. Johnson has submitted proposed regulations for Congress in order to help streamline the USCIS.  In addition, Andrew P. Johnson, has been invited to speak in front of United States ambassadors and United Nations ambassadors regarding all aspects of immigration law.  The law office can reach for comments regarding Immigration Reform at 212.693.3355 or info@lawapj.com.

posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
What are the top 10 dangers undocumented aliens?

No immigrant can know all the details of Immigration Law, but below is a list of “Dangers” that all immigrants should be aware of so that their situation does not become come worse.

1)     Once a Judge orders you deported, and your case has not been re-opened, if you show up at any US CIS office, you may be immediately detained.

2)     Before you sign any immigration document, you must know what information is stated in on the form.  Stating false facts on an immigration application can bar you from any immigration benefits for life.

3)     If anyone says they can get you a social security card or employment authorization card without explaining anything more, it is an extreme likelihood that they are going to file false immigration documents that may bar you from immigration benefits for life.

4)     At the end of any immigration form, the applicant must sign and the preparer must sign; if the person who is helping you fill out the form (the preparer) will not sign the application, do not file the form.

5)     Avoid attorneys who answer your questions by saying, “Do not worry, I’ll take care of it,” or “Don’t worry, I know people on the inside of immigration,” or “I guarantee a green card.”  (there are no guarantees in immigration law)

6)     Avoid attorneys who will not provide a written agreement of payment and do not clearly explain your immigration situations and options.  If you leave an attorney’s office without knowing your exact immigration situation and options, find a new attorney.

7)     Make sure the attorney is real and qualified.  If someone claims to be an attorney, ask more questions, a real attorney will not be offended:

                  Example Questions:

What State are you licensed? (people with degrees outside the US are not allowed to practice law in US)

What other types of law do you practice? (be careful, immigration law is an extremely difficult field of law, if an attorney handles many different non-immigration cases, they may only know a little immigration law)

How often are you in immigration court, and how many years have you practiced immigration laws. (these are usually good indicators of the person competency with current the immigration system)

8)     If in Court and you do not plan on leaving the country in the next 3 months, do not take Voluntary Departure (VD), it stops you from getting any immigration benefit for 10 years.

9)     With any new law or talk of a new law, scam artists appear everywhere to take advantage of immigrants, and that is the most important time to speak to an experienced immigration attorney.  Remember, the law must be pass the Senate and House of Representatives and then usually be signed by the President before the law becomes effective.

10) Make sure you have copy of your entire file, if the attorney refuses to give you a copy, find another attorney.

Andrew P. Johnson, a New York Immigration Lawyer, practices immigration law and has litigated immigration cases throughout the country.  His office handles all immigration issues and problems.  The Law Offices of Andrew P. Johnson has submitted proposed regulations for Congress in order to help streamline the US CIS.  In addition, Andrew P. Johnson, has been invited to speak in front of United States ambassadors and United Nations ambassadors regarding all aspects of immigration law.  The law office can reach for comments regarding Immigration Reform at 212.693.3355 or info@lawapj.com.