March
28
2013

Nick Misiti Notarios

In Latin America, a notario is considered a highly skilled attorney. However, in the United States, a notary is simply a person with the legal capacity to witness and certify documents, affidavits, etc. Although notaries public often times refer to themselves as immigration consultants or immigration specialists, they are actually unlicensed legal advisers.

These individuals usually entice desperate immigrants by charging less than a real attorney and promising miracles. While notarios may charge their clients lower fees than qualified immigration attorneys, they oftentimes file frivolous paperwork or in some cases, never file the application. Dishonest “notarios” have increasingly become a serious problem due to their deceitful advertisements and unethical practices. However, many times they never provide the assistance they were paid to provide. Instead, victims not only lose their money and permanently lose opportunities to pursue immigration relief because a notario has damaged their case but some immigrants also face deportation as a result.

Sadly, notario fraud is not usually identified until after the damage is done. Anyone seeking assistance with an immigration case should be very careful not to become a victim of notario fraud. Only a licensed lawyer or accredited representative is authorized and qualified to assist you with your immigration case. While notarios may claim to be a cost-effective alternative to a licensed attorney, using their services can end up costing more in the long run.

If you need assistance with an immigration case, please contact Nicklaus Misiti at (212) 537-4407 or visit his website at www.misitiglobal.com.  His firm is experience with all immigration matters and will be happy to assist you.

*Attorney Advertising: Prior results do not guarantee a future, similar outcome.

March
14
2013

Nick Misiti Frequently Asked Questions: L1 Visa

What is an L1 visa?

L-1 visa is a nonimmigrant visa that allows foreign nationals being transferred by their current employer to enter into the U.S. to manage an organization or a major function or division of any. The L-1 visa is one of the most useful nonimmigrant visas available to employees of foreign companies. The purpose of the L-1 visa is to facilitate the transfer of key employees to the United States from companies that are affiliated with or related to United States corporations. Nationals of all countries are eligible, provided the specific qualifications for the visa are satisfied.

What are the differences between L-1A and L-1B visas?

L-1A provides for Managers/Executives with supervisory responsibility while the L-1B: is for Specialized Knowledge Staff.

What are the qualifications to be considered a “manager“ for the purpose of an L-1 visa?

A “manager“ is someone who: (1) primarily manages the organization, or a department, subdivision, function, or component of the organization. The addition of the concept function gives the definition more usefulness for smaller companies or companies in which a key function is primarily managed and run by the same person; or (2) primarily supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization; or has the authority to hire and fire and recommend those as well as other personnel actions if another employee or other employees are supervised; if no other employees are supervised, functions at a senior level within he organizational hierarchy or with respect to the function managed; or exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

Who is considered an “executive“ for the purpose of an L-1 Visa?

An executive is someone who: (1) directs the management of the organization or a major component or function; (2) establishes the goals and policies of the organization, component, or function; (3) exercises wide latitude in discretionary decision-making; and receives only general supervision or direction from higher level executives, the board of directors or stockholders of the organization.

What are some of the advantages of an L-1 visa?

Two of the biggest advantages of an L-1 visa are: (1) there are no annual limits on the number of L-1 visas issued and (2) dual intent is permitted so L-1 visa holders can pursue permanent residency. Another advantage is that dependents of L-1 visa holders are allowed to obtain work authorization.

I still have questions concerning my L-1 visa eligibility, where can I obtain more information?

If you have any questions concerning your eligibility for an L-1 visa or any other visa, please contact Nicklaus Misiti at (212) 537-4407 or visit his website at www.misitiglobal.com.  His firm is experience with all immigration matters and will be happy to discuss your potential case with you.

*Attorney Advertising: Prior results do not guarantee a future, similar outcome.

March
7
2013

Nick Misiti Explains Deferred Action and New GED Test Changes for 2014

Starting in January 2014, the high school equivalency test (GED), will change. New changes to the test will mean individuals currently working toward earning the certification must finish this year or they will be forced to start over. For those who have only passed portions of the test, their scores will expire in January and they will have to start again if they do not complete it by December 2013. For some, this is a minor setback but that is not the case for young undocumented immigrants requesting deferred action and employment authorization under the Deferred Action for Childhood Arrivals (DACA) program.

In addition to other requirements, applicants must have a high school diploma or GED, be attending school or a qualifying educational program, or have qualifying military service to be eligible for deferred action. It is advised that those individuals who meet the DACA requirements should not wait to complete the exam. Enrolling in a GED preparation course and completing the exam will allow you to apply for DACA relief. Other changes to the test include an increase I the cost to take the exam and a new computerized test (the current one is in paper format). These are more reasons to refrain from waiting to complete the test.

Please contact Nicklaus Misiti at (212) 537-4407 today to schedule a case assessment and learn what you need to do to apply.

*Attorney Advertising: Prior results do not guarantee a future, similar outcome.