October
27
2011
Certain J-1 exchange visitors are subject to a two-year physical presence requirement which requires that they return to their home country for at least two years at the end of the program. Another name for this is the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e). If a person is unable to return to their home country to fulfill the two-year requirement, they must obtain a waiver approved by the Department of Homeland Security.
There are 5 bases for a J-1 waiver. They are :
- No Objection Statement;
- Request by an Interested U.S. Federal Government Agency;
- Persecution;
- Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) Spouse or Child of an Exchange Visitor; and
- Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program)
October
24
2011
Client married a Chinese Nation but was convicted of a specified offense against a minor and the immigration law firm Misiti Global, PLLC was able to successfully argue client was not a threat to his spouse and procure her lawful resident status.
Under the Adam Walsh Act a person convicted of certain offenses against a minor is prohibited from petitioning to bring any non-citizen family member or spouse to the US. Such individuals are not only prohibited from petitioning for a minor child but they are also prohibited from petitioning for any adult beneficiary, such as a spouse, fiancé, parent, unmarried son or daughter over 21, an orphan, a married son or daughter, a brother or sister, and/or any derivative beneficiary.
Effectively the Adam Walsh Act prohibits US citizens and LPR’s convicted of various crimes against a minor from filing for any family member without first obtaining a waiver from the Department of Homeland Security (“DHS”). Moreover, Adam Walsh Waivers are extremely difficult to obtain. The decision to waive such a conviction is left to DHS, who has “sole unreviewable discretion” to grant or deny an Adam Walsh Act Waiver. “Sole unreviewable discretion” means DHS has ultimate power in these decisions, there is not an appeal process, and there is not a complaint or review process. Such a decision is left completely up to the person reviewing the request and they can deny any application for any reason. In fact they do not even need to provide a reason.
October
12
2011
When a relationship is no longer working and divorce is on the horizon, it is imperative that you understand how to work with your solicitor to maximise your divorce settlement. One of the most important decisions to be made in a divorce is how the finances will be divided between you and your partner. If there is a family home and/or children involved this matter becomes even more important.
For most couples the home they share with their partner is usually the single largest asset. While there is concern regarding a decline in the property market, there are also still many people who manage portfolios involving multiple properties. In terms of divorce, details regarding all properties in which either individual has an interest absolutely must be disclosed. This is imperative in order for a fair settlement to be reached in the divorce proceedings.