Asylum
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Many people come to the US and apply for political asylum every year, but many
of the applicants do not have a full understanding of it. Therefore, this has affected their own rights and interests. We hope the information provided will enable individuals to have a better understanding of political asylum. Individuals who receive political asylum are allowed to permanently reside in the US because they have been the subject of government persecution in their homeland or would receive government persecution upon return to their homeland because of political reasons. "Political reasons" include, but are not limited to: political views, political activities, religion, sex, and birth policies. Two conditions must be met in order to qualify for political asylum: 1. The applicant must be within the boundaries of the US. 2. The applicant must be subject to political prosecution in his/her homeland. Generally the applicant provide sufficient evidence towards the second condition. For example, the applicant may have been engaged in certain activities or expressed certain opinions that would make them targets for prosecution (i.e. Falun Gong). Those suffering from political prosecution must arrive in the US within a year of the event. Also, if a report of prosecution is found to be false, it is a violation of the law, and that individual may be subject to punishment within the US. An individual's application for asylum may include the applicant's spouse and any children who have not reached 21 years of age. If an application for asylum has not been approved within two years, the applicant may apply for his/her spouse and/or children who have not reached 21 years of age to come to the US. One year after an individual's application for asylum has been granted, he/she is eligible to apply for a Permanent Resident Card ("Green Card"). Those granted asylum may also apply for employment and/or education authorization. |
T-Visas
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On January 24, 2002, the non-immigrant T-Visa was created by the Trafficking
Victims Protection Act of 2000 (TVPA). The T-Visa was created to protect women, children, and men who are the victims of human trafficking. The applicant's immediate family may also be considered beneficiaries of the T-Visa. The US Government estimates that 45,000 to 50,000 women and children are trafficked into the United States annually, and are trapped in modern-day slavery-like situations such as forced prostitution. The T-Visa will allow victims to remain in the US to help authorities in the investigation of human trafficking cases. The following must be met for an individual to qualify for a T-Visa: 1. The applicant must want to be present in the US. 2. The applicant must have been trafficked into the US by force, deceit, or threat. 3. The applicant must have been trafficked into the US to become a slave or another non-voluntary service situation. 4. The applicant must be willing to cooperate with the US Government in order to prosecute the individual/group that is doing the trafficking. 5. The applicant must prove that if s/he is returned to his/her own country, s/he would endure enormous pain. While the goal of attaining a T-Visa is to protect the victims of human trafficking, the holding a T-Visa also has other benefits. The T-Visa permit the individual to work. And while the approval is valid for 3 years, it may be extended to permanent resident status. PLEASE NOTE: This web page only for basic reference purposes, it by no means contains legal opinions. In addition, because it has been manually typed, the material accuracy has possibly been affected. This law office is not responsible for the writing on this page. |
F-1 Student Visas
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The Student and Exchange Visitor Information System:
"SEVIS" has been in use since August 2003. Universities across the country have used SEVIS to allow international students to register on-line, this allows the government to know whether the students reported to the institution they had applied to study at, whether they were attending classes, and whether they were taking approved curriculum. Formerly, many students would apply for foreign exchange programs only to arrive in the US and not show up at school. With SEVIS, it is easier to track a student because each one is registered at his/her respective institution. This allows law enforcement to pursue the unaccounted for students. Students must be sure to take classes so long as they hold a student visa, otherwise their status will be affected. It is quite simple for a student to come to the U.S. in order to study abroad. However, if a student is presently in the U.S. and wishes to transfer schools, it is more difficult. First, the school must be accredited in order for the student to be able to transfer there. Second, the school must have a curriculum that the government is willing to authorize. Third, initial standards must be met, i.e. student has met requirements to be accepted into transfer school, etc. In addition, the foreign student must also pay special attention. After the implementation of SEVIS, the government has strengthened its monitoring. Illegal behavior, such as concurrent jobs outside of school, are strictly prohibited, and can lead to immediate dismissal. Four months before the student graduates, he/she must inform the foreign student coordinator of the school. After classes end, many graduates hope to remain in the U.S. However, only a short term stay after graduation is allowed. In order to remain legally in the U.S. foreign students may only remain 60 days after the end of school. PLEASE NOTE: This web page only for basic reference purposes, it by no means contains legal opinions. In addition, because it has been manually typed, the material accuracy has possibly been affected. This law office is not responsible for the writing on this page. |
H-Visas
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In October 2003, the US Government decided to drop the H1-B quota every year
until it reaches 60,500 individuals per year. After 9/11, the American economy was greatly affected and unemployment increased. It was decided to reduce the number of H1-B Visas given each year. Members of the National Assembly suggested to completely abolish the H1-B Visa, however it is actually an important contributor to the American economy. It is generally believed that to abolish the H1-B is more of a short-coming than an advantage. The H-1B Visa is a non-immigrant specialized visa. Generally speaking, the beneficiary must have a 4-year university degree in the field which applies to the occupation. They employer is the applicant, who must pay the prevailing wage to the beneficiary. Formerly, H1-B applicants were those primarily in computer related professions. Because of this technical nature, individuals from Taiwan once accounted for a very large proportion of H1-B Visas. Nowadays, individuals from India and China make up most of the population. However, after the new set quota, these numbers will be greatly reduced. All beneficiaries of H1-B visas must go through a pair of face-to-face interviews. As such, the approval procedure is slower. Because of the change in quota, not only are fewer H1-B Visas, they are harder to get as well. Many H1-B Visas already have been issued to individuals, and can be extended to after 3 years of the visa's expiration date. Therefore individuals who hand in the application as soon as possible have more of an advantage for approval. PLEASE NOTE: This web page only for basic reference purposes, it by no means contains legal opinions. In addition, because it has been manually typed, the material accuracy has possibly been affected. This law office is not responsible for the writing on this page. |
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