Tuesday, September 07, 2010
   
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Carolyn Passey selected by Redsox

CarolynCarolyn Passey, co-founder of the ISW Cultural and Language School, has been selected by the Red Sox to be honored for her work as a Teacher on July 31 at Fenway Park. This caps her recent nomination to the India New England News Woman of the Year where she was one of the five finalists. Join us at Fenway Park on July 31 as our own Carolyn Passey is honored in front of 30,000 Red Sox fans by purchasing one of the ISW Group tickets that we have obtained exclusively for the event.

 

Redesigned “Green Card” Unveiled

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Redesigned “Green Card” Unveiled
By Hanishi T. Ali
The United States Citizenship and Immigration Services (USCIS) announced earlier this month that it has redesigned the Permanent Resident card – commonly known as the “Green Card” – to combat and deter immigration fraud.
The re-designed Green Card, which is now colored green has begun to be issued and incorporates the latest security features and state of the art technology.  The Green Card has been redesigned to prevent counterfeiting, obstruct tampering, and facilitate accurate authentication.
The main features of the redesigned Green Card are secure optical media, holographic images, laser engraved fingerprints and high resolution micro-images, all of which make it nearly impossible to reproduce.  The redesigned card also incorporates tighter integration of the card design with personalized elements which make it difficult to alter the card if stolen.  For instance, the card has special ink which creates color shifts in visual designs and fine-lined artwork and complex architecture which incorporate patterns that make it nearly impossible to reproduce, according to the USCIS. In addition, Radio Frequency Identification (RFID) capability will enable Customs and Border protection officer at ports of entry to read unique serial numbers from a distance and compare the information to the personal data on file. The card’s ultra-violet technology and tactile clues allow for accurate authentication at border crossings.
If you apply for renewal or replacement of your present Green Card, USCIS will issue the redesigned card.  If you have an existing Green Card with an expiration date, they will remain valid until they expire.  USCIS has recommended that holders of card without an expiration date apply to replace their cards with the redesigned version.  The current cost of renewing or replacing the Green card is $370.
Hanishi T. Ali is an attorney at Mithras Law Group, a Westborough based immigration and international business law firm. Hanishi can be reached at 617-500-3233 or at www.mithraslaw.com.  Firm Blog at: http://immigrationinfo.wordpress.com/ on Twitter at: http://twitter.com/immigrationinfo

Hanishi Ali NEW ProfileBy Hanishi T. Ali
The United States Citizenship and Immigration Services (USCIS) announced earlier this month that it has redesigned the Permanent Resident card – commonly known as the “Green Card” – to combat and deter immigration fraud.

The re-designed Green Card, which is now colored green has begun to be issued and incorporates the latest security features and state of the art technology.  The Green Card has been redesigned to prevent counterfeiting, obstruct tampering, and facilitate accurate authentication.

 

The Importance of Maintaining Your Lawful Permanent Residence (LPR) Status

The Importance of Maintaining Your Lawful Permanent Residence (LPR) Status
By Hanishi T. Ali
Lawful immigrants work hard and wait for years to obtain a lawful permanent residence (LPR) status or a green-card. Many, however, forget the important requirement of maintaining their lawful permanent residence status on obtaining the long-awaited green-card. This article discusses the factors that can be viewed by U.S. Customs and Border Protection officers (CBP) as abandonment of LPR status and provides pointers on how to preserve your green-card.
In today’s globalized economy many immigrants, after receiving a green card, decide to take up career opportunities abroad on a short-term basis or decide to return to their home country for a few years to take care of their ailing parents. Whether you have obtained a green card through employment or a family, it is essential to understand the factors that may lead to a determination of abandonment of LPR status.
Some green card holders incorrectly believe that as long as they enter the United States within a 12-month period they will not be at risk of losing their green-card. Although it is generally true that a green-card can be presented at the port-entry after a temporary absence abroad, not exceeding 12 months, it is not an absolute rule. So, the fact that a green-card holder enters the United States each year, within the 12 month-period from the last departure, may not be sufficient and s/he could still be found to have abandoned his or her LPR status. On the other hand, a green-card holder who lives outside the United States for over a year is not regarded as automatically abandoning his or her green-card either.
This may sound very confusing but in essence whether one has abandoned his or her LPR status or green-card turns on “intent” of the green-card holder rather than solely on length of time outside the United States. To determine abandonment, officials consider factors such as reasons for extended or frequent absences from the United States; family or property ties abroad; business ties abroad; conduct while outside of the United States, such as voting in foreign elections; and failure to file U.S. Income tax returns. Intent of the LPR is a key factor and the courts will look at whether the LPR had intent to return to the United States as a home or place of employment.
Based on case law, green-card holders that have taken up permanent residency or citizenship in another country or green-card holders that have taken up employment or been long-term students outside the United States have not had positive results. On the other hand the courts have been more understanding to green-card holders who needed to remain overseas with family members who were under political threat and to those that needed to care for their terminally ill family members.
If you, as a green-card holder, plan to take a lengthy trip remain outside the United States it is prudent to seek advice from an experienced immigration attorney and to plan preservation of your green-card. Filing for a re-entry permit before your departure from the United States, is one such option. Although, a re-entry permit does not guarantee your return in to the United States, it is always a good idea to get it, whether or not you intend to remain outside the United States for longer than a year as it minimizes the risk of aggressive questioning at the port of entry and indicates to CBP that your trip abroad was of temporary nature and you had an intent to return to the United States at the end of your stay abroad.
In addition, it is fitting to mention here that if you as a LPR or green-card holder intend to live or work outside the United States for an extended period and your ultimate goal is to naturalize and become a U.S. Citizen, you should also seek legal advice on the impact it can have on your eligibility for naturalization.  LPRs who stay away from the United States for extended periods also run the risk of being disqualified from naturalization.
Hanishi T. Ali is an attorney at Mithras Law Group, a Westborough based immigration and international business law firm. Hanishi can be reached at 617-500-3233 or at www.mithraslaw.com.  Firm Blog at: http://immigrationinfo.wordpress.com/ on Twitter at: http://twitter.com/immigrationinfo


Hanishi Ali ProfileBy Hanishi T. Ali

Lawful immigrants work hard and wait for years to obtain a lawful permanent residence (LPR) status or a green-card. Many, however, forget the important requirement of maintaining their lawful permanent residence status on obtaining the long-awaited green-card. This article discusses the factors that can be viewed by U.S. Customs and Border Protection officers (CBP) as abandonment of LPR status and provides pointers on how to preserve your green-card.

 

The New eSandesh

Notice something different ?  That's right ! eSandesh has a new and (we hope) improved new look!

 

What do the Heightened Air Security Measures Mean for You?

In light of the December 25th incident, the Transportation Security Administration (TSA), which governs security on airports and on airplanes in the United States, issued a directive and has implemented new security measures, effective January 2010.

This new directive requires passengers flying into the United States from anywhere in the world who hold passports issued by or traveling from or through nations that are state sponsors of terrorism or other countries of interest be required to go through enhanced security screening which includes a full pat-down and extra scrutiny on carry-on baggage. The new security directives also increases the use of enhanced screening technologies and mandate threat-based and random screening for passengers on U.S. bound international flights.
 

H1B Tougher Documentation required

By Hanishi T. Ali

The filing period for new H-1B visas will soon open on April 1st 2010, for a start date of October 1, 2010. The date that USCIS considers cases “accepted” is when the USCIS takes possession of the H-1B application and not the date that the application is postmarked.  

Tips for employers considering filing an H-1B petition are

  1. Start early as there are delays in getting approval of LCA which are caused by glitches in the new Department of Labor computerized system.
 

ATFS Vocabulary Contest 2010

The 5th annual Vocabulary Contest conducted by ATFS Learning Center was held on January 23rd, 2010.

Children of grades 2 through 8 participated enthusiastically to compete within their levels. Each one hour written test consisted of various sections including vocabulary challenges, alphabetical order, analogies, and sentence correction. ATFS conducts this test each year to foster the spirit of competition and learning in young children.

 

Stricter H1B Evidence Requirements

Autor of the articleStricter H-1B Evidence Requirements and Eligibility Standards to be Imposed

The U.S. Citizenship and Immigration Services (USCIS) through a recent memo has issued guidance and clarification as to what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memo also discusses the type of evidence H-1B petitioners may have to provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.

 

Is the O Visa for Extra-Ordinary Ability for You?


Hanishi AliBy Hanishi T. Ali


Are you one of the top people in your field or have you won a major international award or have you received national or international acclaim and recognition in your field of work? If so, you may qualify for an O visa.
O visas are issued to non-immigrants with extra-ordinary ability in the sciences, arts, education, business, or athletics.


No Numerical Cap:
Although there is no numerical cap on the annual admissions of these non-immigrants, O visas require that its visa holders must intend to work in the area of extra-ordinary ability claimed.

 

Alka Swarup named ‘Woman of the Year’

The National Association of Professional and Executive Women recently named Alka Swarup, CEO of Synergy Home Health Care Inc. in Marlborough, "Woman of the Year" in health care.

 

Criminal Record Can Affect Immigration Status

If you are not a US Citizen and have a criminal record of any sort, it has become increasingly important to know and understand the immigration consequences on your immigration status.
This article explores how having any contact with the criminal justice system can affect a non-US citizen’s immigration status. A non-US citizen includes non-immigrant visa holders as well as green-card holders.

 

Thinking of applying for a green card for your parents ...

Hanishi Alior other immediate relatives – now is a great time!

Have you been thinking of applying for a green card for your parents or other immediate relatives who are living abroad and that you would like to bring to the U.S.? If so, now is a great time to consider filing a petition for your immediate relatives, as projected times to complete processing are at an all time low. This article discusses the basics of benefits, eligibility criteria, and process of applying for a green card for an immediate relative, but it cannot  be considered legal advice or replace the value of an individual consult with an immigration attorney who is able conduct a complete analysis based on  individual circumstances.

   

Worried About Being Laid Off – Know your Visa Options!

Hanishi AliThe current economy is giving sleepless nights to many.  More precariously placed are the H-1 or L1 employees for whom an involuntary situation, like a layoff, may mean their world turning topsy turvy all of a sudden.
I have received several calls from concerned clients who are laid off or afraid of being laid off and wanting to explore their different options.  This article explores the different options H-1 and L-1 employees have to preserve their legal immigration status and continue staying in the United States legally, but this article should not be construed as legal advice and cannot replace the value of an individual consult with an experienced immigration attorney who is able conduct a complete analysis based on an individual’s circumstances.
 

To Naturalize or Not to Naturalize? - Part II

To Naturalize or Not to Naturalize? – Part 2

Hanishi AliThis month’s article discusses the requirements for naturalization in more depth, in particular, the two primary residence requirements which can be very complicated depending on your individual situation, and involve analysis of whether you have abandoned your residence, and whether you are eligible for citizenship, and what, if any, steps can be taken to reduce any negative impact of time spent abroad.
   

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