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Reminder: effective May 1, 2015, only a new edition of the USCIS form I-129 is acceptable (application for a work visa).

4/28/2015

Beginning Friday, May 1, 2015 USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker. The edition date is printed at the bottom of every page.

On or after May 1st 2015, USCIS will reject all previous editions of this form.

Form I-129 is used to apply for many work visas (H1B, R-1, O, L, P, etc).

A new form I-129 can be found at: http://www.uscis.gov/i-129

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Why should you schedule legal consultation with an attorney. Why an attorney can't give you free legal advice and answer your questions on a spot when you call law office.

4/21/2015

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Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form" or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

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E-2 treaty investor visa: lawsuit filed alleging visa fraud, forced labor, exploitation of E-2 workers with specialized knowledge or supervisory skills.

3/25/2015

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A lawsuit was filed on behalf of 11 Filipino workers at L’Amande French Bakery, Los Angeles, CA, who were fraudulently lured by their employer to the United States on E-2 visas and then subjected to exploitative working conditions including forced labor, severe wage theft, immigration-related retaliation, and national origin discrimination.
(L’Amande is a popular bakery in the Los Angeles-area with stores in Beverly Hills and Torrance. The owners of L’Amande are Ana Moitinho de Almeida, the daughter of a wealthy and powerful government official in the Philippines, and her husband Goncalo).

The E-2 visa provides temporary work authorization for immigrants with specialized or supervisory skills who are employed by a foreign national who has invested a substantial amount of capital in a U.S.-based business. Like other temporary (or guest) worker visas, E-2 visa holders are dependent on their employers for legal status, with few – and in this case no – protections against employer exploitation and retaliation for asserting workplace rights. In the lawsuit, the workers were recruited under false pretenses for their specialized pastry chef skills, but were forced to do menial labor once they arrived in the United States.

The employer used threats of debt, deportation, and financial ruin in the Philippines to maintain their economic exploitation of the workers while paying legally mandated wages to local workers. After the workers arrived in the United States, the Almeidas threatened them with a significant debt of $11,000 each unless they agreed to work under these illegal conditions for at least three years. After an investigation by the California Labor Commissioner's Office revealed egregious wage and hour abuses, including 14-hour work days for more than three consecutive months and wages of less than $3 per hour, the Almeidas retaliated against the workers when they refused to lie about their working conditions. As the lawsuit details, half of the workers were fired after they cooperated in the labor investigation. Since the E-2 visa is bound to the employer, the termination has left the workers without a livelihood. Yet, they fear returning to the Philippines because of what the politically powerful Almeida family will do to them there.

“When Ana promised me $2,000 a month to work at her bakery in the United States, I jumped at the chance to provide a better future for my sons than I had. I had no idea that I would be forced to work for 12 hours a day for five weeks straight or that I would be forced to act as a general servant for the Almeidas. When I stood up for my rights and refused to lie to the labor investigator about the conditions I was working in, Ana threatened to sue me and ruin my life and that of my family in the Philippines. Now that she has terminated me, I worry she will make good on her threats, and I worry for my own safety and that of my family if I return to the Philippines. But I feel I have to fight back, because my family is counting on me.”

The lawsuit alleges claims for labor exploitation, discrimination, unfair immigration-related practices, trafficking, and racketeering based on visa fraud, retaliation, and seeks to enjoin ongoing unfair practices. Some of the wage and hour claims alone for the 11 workers amount to more than $700,000, and we will pursue additional damages and penalties based on the many legal claims.

“What is particularly egregious about what the Almeidas did here is that they engaged in a scheme to defraud the U.S. government and the workers, lying about the workers’ wages and conditions,” said Philip Wang, one of the attorneys for the workers at Latham & Watkins LLP. “It wasn’t until the workers arrived in the U.S. that they were threatened with substantial debt unless they kept working. No one should be allowed to profit in this way, especially when it is on the backs of workers who are alone and new to the U.S., and have poor English skills and limited legal recourse.”

Advancing Justice – LA is also seeking immigration relief for the workers, U visas, as victims of labor trafficking, coercive labor practices, and potential persecution if they return to the Philippines.

The filed complaint can be found here." - Advancing Justice - LA, Mar. 19, 2015.

Beverly Hills bakery workers say they were paid as little as $2 an hour - L.A. Times, Mar. 19, 2015.

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Reminder: effective May 1, 2015, only a new edition of the USCIS form I-129 is acceptable (application for a work visa).

Why should you schedule legal consultation with an attorney. Why an attorney can't give you free legal advice and answer your questions on a spot when you call law office.

E-2 treaty investor visa: lawsuit filed alleging visa fraud, forced labor, exploitation of E-2 workers with specialized knowledge or supervisory skills.

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