An Immigration Law firm in New York talks about deportation without hearing -Part I

Millions of people around the globe apply for an American visa, every year, in order to gain entry to this land of coveted opportunities. However, only a few and deserving out of them gain entry to this land. Ask any immigrant what is his biggest fear? The answer would be, -Deportation to their home countries.- The illegal immigration reform added the removal proceedings in an amendment process to Immigration and Nationality Act (INA) to expel aliens and bar them from entering the United States. .

It is a routine procedure for all those being served a deportation to have a hearing in fort of the immigration judge to explain his/her side of the story. However, a foreign national can be deported without any hearing in many cases. An Immigration law firm in New York talks about these types of deportation procedure in the section below.

Generally, two types of deportation procedures do not involve a hearing i.e. the expedited removal process and the administrative removal process. In both the processes, the individual requires help from an experienced immigration attorney to take a person out of the immigration entangles. Expedited removal process –

In this process, foreign nationals who have misrepresented their eligibility to enter the United States are generally targeted. This also includes immigrants who have furnished false information at the port or border in order to gain entry. Aliens who have gained entry by providing false and forged documents are also removed by this process. In most cases, aliens are deported without hearing. However, in some cases, it involves those seeking asylum, the alien is interviewed by an asylum officer. An individual is barred from entering the United States for a period of 5 to 20 years if removed by the expedited removal process. This process also applies in cases in which an alien has been convicted of a crime such as those related to drug, rape, murder, sexual abuse of minors and possession of fire arms. However, these aliens are deported only on the completion of their prison term

In the part-II of the article, we will look at the various aspects of removal due to an administrative process.

Hemp And Legal Implications

Copyright 2006 Francesca Black

In 1619 Jamestown Colony, Virginia enacted laws ordering farmers to grow hemp. Similar laws were enacted in Massachusetts in 1631, Connecticut in 1632 and the Chesapeake Colonies in the mid-1700’s.

Even though the U.S. government encouraged American farmers to grow hemp for WWII and had even accepted it as payment of taxes in Colonial America, it is now prohibited to grow hemp in the United States.

Cannabis hemp was legal tender in most of the Americas from 1631 until the early 1800’s. you could even pay your taxes with cannabis hemp. In the mid-to-late 1800’s the 2nd & 3rd most commonly used medications were concentrated cannabis extracts and resins (a.k.a. hashish). At one time American companies Eli Lily, Squibb and Park Davis produced cannabis extract medicines but clearly that is no longer the case..

Today the THC levels in industrial hemp are so low that no one could ever get high from smoking it. Moreover, hemp contains a relatively high percentage of another cannabinoid, CBD, that actually blocks the marijuana high. Hemp, it turns out, is not only not marijuana; it could be called ‘antimarijuana.’ Although opponents of hemp production claim that hemp fields will be used to hide marijuana fields, this is unlikely because cross-pollination between hemp and marijuana plants would significantly reduce the potency of the marijuana plant.

On March 12, 1998, Canada legalized hemp production and set a limit of 0.3% THC content that may be present in the plants and requires that all seeds be certified for THC content.

In 1942 the US government strongly encouraged hemp cultivation to help with the war effort, going so far as to produce a film entitled “Hemp For Victory”. Hemp was grown commercially (with increasing government interference) in the United States until the 1950s. While congress expressly expected the continued production of industrial hemp, the Federal Bureau of Narcotics lumped industrial hemp with marijuana, as its successor the United States Drug Enforcement Administration (DEA), does to this day. Even though the US government encouraged American farmers to grow hemp for WWII and had even accepted it as payment of taxes in Colonial America, it is now prohibited to grow hemp in the United States. While industrial hemp and marijuana may look somewhat alike to the untrained eye, an easily trained eye can easily distinguish the difference.

The European Union subsidizes its farmers to grow industrial hemp. Hemp seed is not psychoactive and cannot be used as a drug. Hemp Seed does not contain THC. From 1842 through the 1880s, extremely strong marijuana (then known as cannabis extractums), hashish extracts, tinctures, and elixirs were routinely the second and third most-used medicines in America for humans (from birth through old age). These extracts were also used in veterinary medicine until the 1920s.

The illogical and unrealistic reasons for not growing hemp should be set aside now, as this crop will be a wonderful economic boon. In 1935 116 million pounds (58,000 tons) of hemp seed was used to make paints and varnishes yet it has been effectively prohibited in the United States since the 1950s.

Hemp was doomed by the Marijuana Tax Act of 1937, which placed an extremely high tax and made it effectively impossible to grow industrial hemp. While congress expressly expected the continued production of industrial hemp, the Federal Bureau of Narcotics lumped industrial hemp with marijuana, as its successor the United States Drug Enforcement Administration (DEA), does to this day. While industrial hemp and marijuana may look somewhat alike to the untrained eye, an easily trained eye can easily distinguish the difference.

No marijuana grower would hide marijuana plants in a hemp field. Marijuana is grown widely spaced to maximize flowers and leaves; hemp is grown tightly-spaced to maximize stalk and is usually harvested before it goes to seed. It is also the first place where law enforcement officials would look. No one would want to smoke industrial hemp. Industrial hemp has a THC content of between 0.05 and 1%. Marijuana has a THC content of 3% to 20%. To receive a standard psychoactive dose would require a person to power-smoke 10-12 hemp cigarettes over a very short period of time. The large volume, high temperature of vapor, gas and smoke would be difficult for a person to withstand, much less enjoy.

The US State Department must certify each year that a foreign nation is cooperating in the war on drugs. The European Union subsidizes its farmers to grow industrial hemp. Those nations are not on this list, because the US State Department distinguishes the difference between hemp and marijuana. Over 30 industrialized democracies do distinguish hemp from marijuana. International treaties regarding marijuana make an exception for hemp, and trade alliances such as NAFTA allow for the importation of hemp. In fact NAFTA allow for the importation of hemp. All members of the Group of Seven Industrialized Nations permit hemp cultivation except one-the United States.

An Immigration Lawyer in New York of the Best Immigration Law Firm Save from being Ripped

Portray a scene, you logged on to your email account and discovered that your inbox highlighting an unread email from an unknown address stating that, -Congratulations, your application for Diversity Visa Lottery is approved and you need to send some money to the mentioned details.- The first line you mutter out will be, -Oh my God! Is it real?-, and without confirming anything, you will swipe your credit card of the bank in New York for the payment. After few days, on ringing the concerned authorities in New York City, you will be pulled out of an illusion and this time your lines will be, -why the hell, I did not checked this thing with an immigration lawyer New York from a best immigration law firm?-

Diversity Visa Lottery program, for which millions of dreamers try their luck, but only few of them are lucky enough to bag a Green Card. Irrefutably, getting a USA Green Card is something for which, people are ready to pay any price and are on their toes to do anything. Instead of acting like a wise goose, they behave like a stupid nerd and become an easy target of scammers.

The only solution to bridle fake lawyers bragging about their so-called best immigration law firm is -awareness’. One must consider below mentioned important tips extracted from a magazine article of an immigration lawyer New York law offices –

No approval emails from state department: To end all confusions, from the year 2012 onwards, candidates are advised to check their application status on the DV lottery website as State Department announced himself free from all responsibilities of notifying qualified candidates.

Keep a close look on website’s domain: In any case, if applicant receives any email from State Department, one should check the suffix of the sender, does that have -.gov- or not. It is advised that the visa department never use any other website for its DV program besides dvslottery.state.gov.

Do not pay anything to anyone for DVP: This Diversity visa lottery program is free of cost, and government of United States charges nothing for the visa. On submitting your interest for this program, you will be acknowledged with a unique confirmation code. Therefore, if anyone asks you pay anything, consider him a scammer who want to puncture your wallet

You won’t get more or before luck: The selection criterion is unique, applications are selected on a random basis and there is no such tactics to enhance success chances. If anyone promises you so, mean he is beating you around bushes.

Therefore, do not trust anyone whose promises are full of hot air, and always let your case to be handled by an immigration lawyer New York working for a best immigration law firm.

Criminal Law and the Part a Chicago Criminal Defense Lawyer Plays in the Society

It’s commonly straightforward to distinguish a civil case from a criminal one– by evaluating the parties involved. If the document states Doe v. Smith, it’s often a civil case; but if the file says Doe v. United States or Doe v. Illinois, it’s a criminal case. It’s important to understand the difference because many people still often mix them up like a smoothie.

A criminal defense lawyer in Chicago takes on criminal claims– infractions that hurt the public like rape and murder. There’s no solitary definition of crime, but it highlights any act of transgression of the law that damages the public. This is why particular court files normally declare Doe v. United States, implying the plaintiff is the people of the United States. It can likewise work by state like Doe v. Illinois, implying the offender will confront the people of Illinois. .

In submitting a criminal case, the prosecutor of the jurisdiction where the unlawful act took place establishes whether or not the charge ought to be pursued. Because of the gravity of the lawsuit, criminal allegations have to be submitted within 72 hours if any apprehension is made. A number of states simply need charges to be submitted within 48 hours.

Compared to a civil case, a criminal case involves more than simply remuneration for damages. The offender, if verified liable, can also be imprisoned, required to carry out community service, or be subject under the capital punishment. The matter of proving the defendant’s guilt generally lies at the hands of the government that filed the complaint.

If there’s something that civil and criminal lawsuits share, it’s typically the possibility of a retrial or an appeal to reconsider the previous ruling. Nonetheless, this is already out of the hands of a typical court; appeals are currently the duty of an appellate court (or court of appeals). An appellate court will simply inspect whether or not there are incongruities with the legal proceeding in question. It can either require a fresh trial to be hosted or the case rejected entirely.

For more information about criminal lawsuits, go to the websites at Nolo.com and Diffen.com. For more details, you can visit a criminal attorney in Chicago.

The Legal Status Of Methylone

Although Methylone has been gaining its popularity, there are still some issues that surround this drug. One of it is if it is legal to sell this drug or not. This is considered to be one of the problems that companies selling this drug is having. There are some who are in favor of this drug are saying that it should not be ban for it has no known harmful effect. Others who are not in favor of this drug are filling up a petition regarding on the prohibition of this drug for it is still a form of illegal drug. Up to this day, there is still an ongoing debate on whether to ban this drug or not.
At some state such as the United Kingdom, Denmark, and Netherland, it is illegal for someone to sell and have this drug. Anyone who is caught buying or selling this product will automatically be in jail and a particular penalty depending on the state awaits them. However, this kind of situation is different from the United States. There is still an ongoing debate on whether to ban this drug on their country or not. The Drug Enforcement Administration or DEA is still having some debate on whether this drug is considered to be a legal or an illegal drug. They are still studying its effect on the individual and whether the effects are harmful or not. Also, they are taking into consideration the effect of this drug in their economical status for it is one of the product that is being sold largely in their state and produces high income to the investor.
But even if there is still no law regarding on the use of this drug in the United States, there are still some countries that already implemented a law regarding the use of Methylone. In Louisiana, their governor have already put a ban regarding on the possession and selling of not just this drug but other research drug such as mephedrone and MDPV as well. This is due to some claim that there has been an increasing accident recorded in the state due to the use of this drug. There are people who are calling the emergency hotline due to over dosage of this drug, while there are some reported incidents on killing associated with the use of this drug. Aside from Louisiana, North Dakota and Kentucky also make a ban regarding on the use of this drug.

What Are The Fees Of A Personal Injury Attorney Las Vegas

Personal injury law is one of the most important branches of law in the United States. Every city in every state has a number of lawyers who practice in this particular branch of law. Victims who have been injured by the fault or carelessness of another can go to court in order to claim for a compensation for their injuries. The offending party, if proven guilty, must pay for all medical expenses along with any added amount that the court sees fit. Sometimes, victims of accidents are injured to such an extent that they cannot continue with their work until they have fully recovered. If the sole bread earner of the family is injured, then the entire family has to suffer financially. This law is there to support the people who have been wronged. However, it is important to remember that personal injury laws differ in every state. A personal injury attorney Las Vegas practitioner, who knows the local law, will be able to help you out in the best way possible.

What are the various reasons that make people hesitate before retaining a lawyer?

A lot of people who have been injured in an accident feel that they can carry the entire case forward without any legal representative. It is important to remember that personal injury claims require a lot of in-depth knowledge of the law. There is a lot of complicating paperwork to be dealt with and an investigative team is also required to prove the claim of the wronged party. A citizen who has no legal experience cannot do this all by himself and therefore it is advisable to retain a lawyer. Many others feel that they will not be able to afford the fees of the lawyers. There is no sure shot of winning a claim and having to pay a lawyer after a loss is a risk that most people do not wish to take. However, all lawyers now work on a contingency basis.

What is contingency fee system?

All cases include compensation if the case is won. A personal injury attorney Las Vegas takes a percentage from the compensation received by the wronged party. If the lawyer doesnt win the case, no fees have to be paid. The percentage depends completely on the amount of compensation received by the wrong party. The fee system is such that benefits the clients and the lawyers. The lawyers try their level best to get maximum possible compensation as they will also be gaining more from it.

About the author:-

This article is written by James Stew. His knowledge and experience in law has helped him to write this informative article on Las Vegas car accident attorney. Whenever you are looking for some valuable information, you can actually go through his articles and get the necessary information.

Humanitarian Reinstatement Of I-130 Petitions

Question: My mother who is a lawful permanent resident of the U.S, petitioned both my brother and sister who are living in the Philippines eight years ago. We received a notice recently from the National Visa Center stating that we have to pay the Affidavit of Support, (AOS) fees which are something like $800. I was ready to pay this amount when suddenly my mother died. I was told that this may affect the petitions of my siblings. Is this true?

What can I do? Should I pay the $800 to the NVC? What happens to the petitions now that my mother died? Can I be substituted as a sponsor for them instead? One Attorney in Los Angeles said that he can fix this case but he wants $20,000. What should I do?

Answer: Though we always think that once a petition has been filed for us by our relatives in the US, there are only very minor roadblocks we can expect along the way. This is the case most especially if the petition has approved and has been forwarded to the National Visa Center waiting for priority date. Nothing else should worry us and we can just go on living while the priority date becomes current. Or so we think.

Unfortunately, there are cases wherein the petitioner dies before his relatives can come to the U.S. This is often due to the fact that US immigration process has a huge backlog in most countries and that it takes years before a visa becomes available for an applicant. During this long wait, if the Petitioner dies, the petition by law is automatically invalidated and cancelled. A lot of beneficiaries of US immigration petitions, like you, are saddened and surprised that the petition for their loved ones is no longer valid once the petitioner dies. So, if the petitioner dies before the beneficiaries enter the U.S. as immigrants, the case is over.

There is NO need to pay the NVC any fees because 1) the fees will not be refunded, 2)the U.S. Embassy will no longer process the application once it learns that the Petitioner died. The Embassy will instead, send the petition back to the USCIS office that originally approved it back in the states.

In most cases, that is the end of the line. The beneficiaries, even though they waited patiently for years and years can no longer come to the U.S. You cannot step into the shoes of the petitioner and be a substitute sponsor. However, there is a way to appeal this revocation of the petition. The process is called a Request for Humanitarian Reinstatement or also called Request for Humanitarian Revalidation. Humanitarian Reinstatement was made available by immigration regulations to cover these kinds of situations. It is entirely discretionary with the USCIS and is not guaranteed, but if you can show that there are circumstances justifying the reinstatement of the petition, the USCIS can revalidate and approve the petition and the beneficiaries can come to the U.S. as if the petitioner were still alive. The USCIS usually looks at the following factors: 1) disruption of an established family unit; (2) hardship to U.S. citizen or LPR family; (3) age and health of beneficiary; (4) length of beneficiarys residence if any in the United States; (5) whether beneficiary has a foreign residence (if in the U.S.) to which he can return; (6) undue delay by USCIS or the embassy in processing the petition or visa; and (7) extent of beneficiarys family ties in the United States.

For a Humanitarian Reinstatement to be applicable, the petition must have first been approved before the death the petitioner. Secondly, the beneficiary must arrange to have a substitute sponsor who may file for the required affidavit of support. This must be someone who can establish the means to support the beneficiaries with an annual income amount equal to at least 125 percent of the Federal Poverty line.

The qualified substitute sponsor must be a close relative such as the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild of a sponsored alien or a legal guardian of the sponsored alien. Friends and distant relatives cannot qualify.

As far as paying an attorney $20,000 for submitting a request for reinstatement, I would question any lawyer who charges such exorbitant fees. Would you pay $1000 for a $1 lottery ticket without a guarantee of winning? Sure, there is a lot of work involved but there is no need to gouge or take advantage of persons who are suffering the loss of a loved one. I, for one, do not practice law that way. I would be weary of anyone who says it is a sure thing or I guarantee it. By law, reinstatement is discretionary. No one, can say if a request will be approved and it is unethical to claim it is a sure thing. Stay away from such boastful claims. You will be $20,000 richer and a lot happier.

Illegal Immigration-Hot Topic in the World

For immigration purposes Marriage fraud is a misleading Union where a man and a woman will get married for the sole purpose of one of them obtaining permanent resident status in the United States or other countries. Many people see this type of marriage as a trade agreement between two people. On behalf on Immigration Marriage Fraud Act 1986 was amended by the Immigration Act of 1990 to permanently ban the marriage of a citizen of the United States to a foreign citizen for immigration purposes. Some even try to obtain residence by pretending to go through a genuine marriage. A person those not a U.S. citizen or who tried to make a fraudulent marriage for immigration purposes will be deported and can never be prevented from obtaining citizenship in the country.

There seems no end to illegal immigration news available to people today. As illegal immigration has become a hot topic in the U.S., there is an increasing amount of attention to illegal immigration and what rights they may have or not. The most important item of news about illegal immigration is the issue of whether there should be a path to citizenship for those who have lived illegally in the country for a period of time. This would give illegal immigrants the right to the benefits that some people do not feel they should enjoy where they lived illegally. The debate continues to follow the news and continues to build.

Many people do not realize that the request for help through a waiver, visa and / or change of status that makes them much more readily available to the immigration authorities, and in some event, open to the deportation and / or exclusion. Imagine paying filing fees and go through a cumbersome process of several months of detention by frauds and placed in proceedings before the immigration court! As for the exclusion and deportation, depending on your specific situation, you may be in danger of being detained in a correctional institution or be expelled and barred from the United States for a period of three to twenty years.

For further more knowledge of this topic please click on Global Visas Fraud Department.

Nitin Sharma works as Online Marketer at a British Company. He loves to write articles about Global Visas Fraud and in this way he has submitted many articles over internet. He aware people about the increased fraud cases now days.

Legal citizen of U.S requires a tough process, know about it

Dreams may be big or small for all, but dreams are seen by all. Everyone loves to be in a dreamy world and some people are so very determined about their dreams that they turn no stones unturned to make it happen. Elaborating of business is an aspiration for all. All the business people want to have a bigger platform for their business to expand. US are one of the biggest nations over the world. Everyone tries to own a place there so that their lives can be better and bigger as well. The availability of the platform in US is not found that easily. The process of getting US platform is very tough and a person has to go through a lot of rules and regulations to achieve it.

What is EB5 Investment?
Let us jot down some of the points that will make you get to know how about who to make your base over US. The first step to enter over the US world is through EB5 Investment Visa. This is the visa that is used for the foreign nationals for acquiring of the green card and become a legal citizen of United States. The process of getting this visa is not at all easy. For making your business appear in a bigger platform you have to appear for the investment visa. This visa act is created by the Immigration Act of 1990 and is considered as the United States visa. For obtaining that visa it is a long process and the person has to go through a detailed process mode. If anyone wants to obtain the visa then the individuals must invest $1,000,000 or at least $500,000 in a “Targeted Employment Area”, creating and preserving of atleast 10jobs for the U.S worker by each of the migrated company.ny.

Going through such a process will help you to get the EB5 Investment that will help you to acquire a great life and a prosperous business over the world’s most influential state. The business gets a great increase very easily. When you have acquired this then it can be made for sure that you will get a citizenship of the country as well. EB5 Green Card holders are found very rare and they have to go through a tedious process to posses it. Getting green card means that you have the rights to access all types of benefits for its citizens in US. Being a legal citizen is a great achievement for all who have acquired it. it helps the betterment of your life easily.

Now let us focus a bit on what does franchise opportunity all means. It is about to increase your business in a much easier way. The more the outlets of a business, the more its popularity and also the profit benefits are also increased very easily through this opportunity. In short it would not be wrong to say that business gets expanded when the franchises are more.

Summary of Popular US Visa Categories

Here, we will discuss different Visa Types issued by United States Citizenship and Immigration Services.

Every foreign national, seeking to enter the United States for different reasons must obtain a US Visa, before entering United States. Depending upon the different needs of foreign nationals United States Citizenship and Immigration Services offer different types of Visa.

Normally we can categorize different Visa types into two popular categories:
1.Nonimmigrant Visa (For temporary stay in United States)
2.Immigrant Visa (For permanent stay in United States)

Depending upon particular requirements of foreign nationals and their purpose of visit to United States, US Citizenship and Immigration Services offer following types of Visa:

1.B-1 Business Visa US Citizenship and Immigration Services offer B-1 Business Visa to foreign nationals working for any foreign company. Foreign citizens willing to visit the United States for business purposes (it should not involve receiving salary or payment) are eligible to apply for a B-1 Business Visa.

2.B-2 Tourist Visa Foreign national who wish to visit United States for touring purposes, spending vacations or for medical treatment are eligible to apply for B-2 Tourist Visa. Citizens of countries qualifying for Visa Waiver Program also need B-2 Tourist Visa, if they plan to stay in United States for more than 90 days.

3.H-1B Work Visa This type of Visa helps college educated professionals with special skills (like Doctors, Engineers, Scientists) to enter United States, in order to make valuable contribution in American development. However, there is one constraint, a maximum of 65,000 H-1B Visas can be issued in one year. Professionals with H-1B Visa can stay in United States for a maximum of three years. However, it can be extended if required, but the maximum period of stay cannot exceed more than six years. One advantage with H-1B Visa holders is that, they can apply for Permanent Immigrant Status (Green Card), if their company is ready to sponsor.

4.H-2B Work Visa H-2B Visa is a different type of work Visa which is issued to skilled and unskilled workers (for non-agricultural jobs). Every year a maximum of 66,000 H-2B Visas are issued. Those foreign nationals are eligible for H-2B work Visas who are eager to come to United States for a temporary or seasonal job (non-agricultural) offered by US employer.

5.C-1 Transit Visa Foreign nationals who need to enter United States in order to transit to another country need C-1 Transit Visa. People with C-1 Transit Visa are allowed to travel (for a maximum of 29 days) in United States when their destination is another country. However, people holding B-1 Business Visa or B-2 Tourist Visa doesnt need Transit Visa. Citizens from countries eligible for Visa Waiver Program also dont need a Transit Visa.

6.F-1 Student Visa USCIS offers F-1 Student Visa to foreign Students willing to undergo higher studies in United States. Foreign students seeking F-1 Students Visa must have a valid educational purpose for coming to United States. However, only students participating in full time educational programs are eligible to apply for F-1 Student Visa, this type of Visa is not for part time students. Students with F-1 Visa can stay in United States till the end of their educational session. F-1 Visa is multi-entry Visa, and they are free to enter United States many times (before end of their study period). They are also allowed to travel freely anywhere in United States. They are also allowed to do practical trainings during their study period to gain work experience. In many cases, students obtaining a bachelor or master’s degree are sponsored by their employer for an H-1B Work Visa. This is the most important advantage attached with F-1 Students Visa.

7.J-1 Exchange Visitor Visa As the name suggests, J-1 Exchange Visitor Visa is for individuals participating in exchange visitor programs organized by Education and Cultural Institutions or Business Houses. J-1 Exchange Visitor Visa helps industrial trainees, students, teachers, research assistants, scholars, and people on cultural missions who are participating in a program of studies, training, research, or a cultural enrichment program designed for such individuals by the United States Department of State, through its Bureau of Educational and Cultural Affairs.

There are several other Visa Types targeting specific needs of people. You will get detailed information about them in next edition of our Newsletter.