Lukas Immigration

Lukas Immigration I am a thirty (30) year resident of the Tampa Bay area, and I have practiced in the field of immigration law for more than the past twenty (20) years. S.

Practicing in Immigration Law (petitions / applications, defense of removal / deportation actions) and Real Estate, Estate/Trust, Business and Family Law matters involving immigrants or aliens Over that time, and in addition to filing countless immigration and visa petitions and applications, I have successfully defended dozens of clients in removal (deportation) actions before U. Immigration Cour

ts. With the knowledge and experience I have acquired, I can effectively assist you filing the correct papers with the appropriate government agencies to obtain, extend or change various U. visa and immigration benefits (not limited to the State of Florida), including free trade, business transferee and investor visas, permanent residence, defense against removal actions and naturalization / citizenship, for you and your family. In addition, this firm represent immigrants and foreign visitors here in various types of related matters, including real estate and business transactions, applications for income tax withholding exemptions for foreign nationals, establishment of business entities and management assistance, administration of decedents’ estates, defense or prosecution of civil suits, defense of criminal charges, and representation in family law matters. I will be posting bits of news and interesting or useful information I run across concerning immigration law and immigrants, and will attempt to answer any questions you may send in response. For more information about us, please view our firm’s web-site at www.bouldinlaw.com. If you would like a free confidential consultation, after which I will provide you with a written quote of the fees and costs involved in the service(s) I recommend, please call 727-384-6424 or send an e-mail message to [email protected].

10/14/2014

An interesting look at immigration aspects of the Ebola scare from Immigration Law Weekly (ilw.com):

Politicians Blame Immigrants While Cutting Ebola Vaccine Spending. By Roger Algase
by ImmigrationLawBlogs , 10-13-2014 at 08:34 AM (257 Views)


In the wake of the spread of Ebola to a second patient in Texas, politicians in both parties are calling for increased screenings at airports in both the US and Africa to try to prevent infected people from entering the US. While no one can dispute the need to take all possible medical precautions to prevent this deadly disease from spreading in America, some politicians are losing no time in using Ebola-related fears as a pretext for advocating measures which appear to have more in common with an anti-immigrant agenda than with protection of public health.

At the same time, calling for harsher measures against immigrants who are at little or no risk of exposure to this disease is also helping to cover up Congressional failure to provide sufficient funding for research which might have led to a vaccine that could have stopped the ebola epidemic in three West African countries in its tracks.

The Hill reports on October 10 that three Texas politicians, Senator John Cornyn (R) and Reps. Michael McCaul (R) and Kay Granger (R), have called for stronger Ebola screenings at airports in Dallas and Houston, in addition to the ones which the Obama administration has announced for airports in New York, Chicago, and Atlanta. No one can argue with that.

But, according to the same report (Texas Republicans call for tougher Ebola screenings), these lawmakers are also asking for tighter security along the Mexican border, despite the fact that there has not been a single case of Ebola reported in Central America (or anywhere else in the entire Western Hemisphere outside of the US).

Of course it is always possible that someone with the disease could come across into the US from Mexico, just as a group of ISIS militants in black uniforms might also conceivably do so, as some politicians have also warned. But the chances of either of these happening, at least at this stage, are entirely theoretical. One has to ask whether either public health or national security are really the main concerns of politicians who are always clamoring for more "border security" under any and all circumstances.

The Hill also reports that one of the above Representatives, Michael McCaul, has advocated suspending US visas entirely from the three most affected West African countries (Guinea, Liberia and Sierra Leone) regardless of the actual health risk or history of the people involved. See McCaul eyes suspension of visas from West Africa, October 10.

While there have been over 8,000 reported cases of Ebola in these three countries (the real total may admittedly be higher), this is out of a total population of 20 million people for the three countries combined. Moreover, the disease is reportedly concentrated in only certain areas of each of the three countries. Again, even though banning visas from three entire countries in West Africa at the source of the epidemic may have more to do with preventing health risks than closing the Mexican border, one still has to ask whether protecting America's public health is the primary concern in such a drastic proposal.

Stoking anti-immigrant fears also helps to divert attention away from the shocking failure of Congress over the past more than a decade to provide sufficient funding for Ebola vaccine research.

The Huffington Post quotes Francis Collins, Head of the National Institutes of Health (NIH) as follows (see Ebola Vaccine Would Likely Have Been Found If Not For Budget Cuts: NIH Director, October 12):

"NIH has been working on Ebola vaccines since 2001...Frankly, if we had not gone through our 10-year slide in research support, we probably would have had a vaccine in time for this that would've gone though clinical trials and would have been ready."

The Huffington Post continues:

"The growing severity of the Ebola crisis in West Africa and the fear of and outbreak in America haven't loosened the purse strings. NIH hasn't received any additional money...

Collins said he'd like Congress to pass emergency supplemental appropriations to help with the work. But, he added, 'nobody seems enthusiastic about that.'"

This is not the first time in our history that politicians have tried to blame immigrants for the failures of America's own leaders by proposing to cut visas and impose greater legal restrictions on entry. Nor should we expect it to be the last.
____________________________
Roger Algase is a New York lawyer and a graduate of Harvard College and Harvard Law School. For more than 30 years, he has been helping employment-based and family-based immigrants from many parts of the world overcome the obstacles of our convoluted immigration system and achieve their goals of living and working in America. His email is [email protected]

JUST ANNOUNCED BY THE DEPARTMENT OF STATE:  Registration for the next (and possibly the last) immigrant visa "lottery" i...
09/26/2014


JUST ANNOUNCED BY THE DEPARTMENT OF STATE: Registration for the next (and possibly the last) immigrant visa "lottery" in 2016 will be open from October 1 to November 3, 2014. See the following excerpt from the Federal Register:

Notice on Registration for the Diversity Immigrant (DV-2016) Visa Program
Published on 09-25-2014 02:33 PM
0 Comments
[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57172-57180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22767]


-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 8879]


Bureau of Consular Affairs; Registration for the Diversity
Immigrant (DV-2016) Visa Program

AGENCY: Department of State.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This public notice provides information on how to apply for
the DV-2016 Program.

SUPPLEMENTARY INFORMATION:

Program Overview

The Congressionally-mandated Diversity Immigrant Visa Program is
administered annually by the Department of State. Section 203(c) of the
Immigration and Nationality Act (INA) provides for a class of
immigrants known as ``diversity immigrants,'' from countries with
historically low rates of immigration to the United States. For fiscal
year 2016, 50,000 diversity visas (DVs) will be available. There is no
cost to register for the DV Program.
Applicants who are selected in the lottery (``selectees'') must
meet simple, but strict, eligibility requirements in order to qualify
for a diversity visa. Selectees are chosen through a randomized
computer drawing. Diversity visas are distributed among six geographic
regions and no single country may receive more than seven percent of
the available DVs in any one year.
For DV-2016, natives of the following countries are not eligible to
apply, because more than 50,000 natives of these countries immigrated
to the United States in the previous five years:
Bangladesh, Brazil, Canada, China (mainland-born), Colombia,
Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica,
Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United
Kingdom (except Northern Ireland) and its dependent territories, and
Vietnam.
Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
Changes in eligibility this year: None.

Eligibility

Requirement #1: Individuals born in countries whose natives qualify
may be eligible to enter. If you were not born in

[[Page 57173]]

an eligible country, there are two other ways you might be able to
qualify.
Was your spouse born in a country whose natives are
eligible? If yes, you can claim your spouse's country of birth--
provided that both you and your spouse are named on the selected entry,
are issued diversity visas, and enter the United States simultaneously.
Were you born in a country whose natives are ineligible,
but in which neither of your parents was born or legally resident at
the time of your birth? If yes, you may claim the country of birth of
one of your parents if it is a country whose natives are eligible for
the DV-2016 program. For more details on what this means, see the
Frequently Asked Questions.
Requirement #2: Each applicant must meet the education work
experience requirement of the DV program by having either:
A high school education or its equivalent, defined as
successful completion of a 12-year course of formal elementary and
secondary education;
or
two years of work experience within the past five years in
an occupation requiring at least two years of training or experience to
perform. The U.S. Department of Labor's O*Net Online database will be
used to determine qualifying work experience.
For more information about qualifying work experience for the
principal DV applicant, see the Frequently Asked Questions.
Do not submit an entry to the DV program unless you meet both of
these requirements.

Entry Period

Entries for the DV-2016 DV program must be submitted electronically
at www.dvlottery.state.gov between noon, Eastern Daylight Time (EDT)
(GMT-4), Wednesday, October 1, 2014, and noon, Eastern Standard Time
(EST) (GMT-5), Monday, November 3, 2014. Do not wait until the last
week of the registration period to enter, as heavy demand may result in
Web site delays. No late entries or paper entries will be accepted. The
law allows only one entry by or for each person during each
registration period. The Department of State uses sophisticated
technology to detect multiple entries. Individuals with more than one
entry will be disqualified.

Completing Your Electronic Entry for the DV-2016 Program

Submit your Electronic Diversity Visa Entry Form (E-DV Entry Form
or DS-5501), online at www.dvlottery.state.gov. Incomplete entries will
not be accepted. There is no cost to register for the DV Program.
You are strongly encouraged to complete the entry form yourself,
without a ``visa consultant,'' ``visa agent,'' or other facilitator who
offers to help. If somebody else helps you, you should be present when
your entry is prepared so that you can provide the correct answers to
the questions and retain the confirmation page and your unique
confirmation number. It is extremely important that you retain your
confirmation page and unique confirmation number. Without this
information, you will not be able to access the online system that will
inform you of the status of your entry. Think carefully if someone else
offers to keep this information for you. You also should retain access
to the email account listed in the E-DV. See the Frequently Asked
Questions for more information about Diversity Visa scams.
After you submit a complete entry, you will see a confirmation
screen containing your name and a unique confirmation number. Print
this confirmation screen for your records. Starting May 5, 2015, you
will be able to check the status of your entry by returning to
www.dvlottery.state.gov, clicking on Entrant Status Check, and entering
your unique confirmation number and personal information. Entrant
Status Check will be the sole means of informing you of your selection
for DV-2016, providing instructions on how to proceed with your
application, and notifying you of your appointment for your immigrant
visa interview. Please review the Frequently Asked Questions for more
information about the selection process.
You must provide the following information to complete your E-DV
entry:
1. Name--last/family name, first name, middle name--exactly as on
your passport.
2. Birth date--day, month, year.
3. Gender--male or female.
4. City where you were born.
5. Country where you were born--Use the name of the country
currently used for the place where you were born.
6. Country of eligibility for the DV Program--Your country of
eligibility will normally be the same as your country of birth. Your
country of eligibility is not related to where you live. If you were
born in a country that is not eligible, please review the Frequently
Asked Questions to see if there is another way you may be eligible.
7. Entrant photograph(s)--Recent photographs of yourself, your
spouse, and all your children listed on your entry. See Submitting a
Digital Photograph for compositional and technical specifications. You
do not need to include a photograph for a spouse or child who is
already a U.S. citizen or a Lawful Permanent Resident, but you will not
be penalized if you do.
Group photographs will not be accepted; you must submit a
photograph for each individual. Your entry may be disqualified or visa
refused if the photographs are not recent, have been manipulated in any
way, or do not meet the specifications explained below. See Submitting
a Digital Photograph for more information.
8. Mailing Address--In Care Of
Address Line 1
Address Line 2
City/Town
District/Country/Province/State
Postal Code/Zip Code
Country
9. Country where you live today.
10. Phone number (optional).
11. Email address--An email address to which you have direct
access. If your entry is selected and you respond to the notification
of your selection through the Entrant Status Check, you will receive
follow-up email communication from the Department of State notifying
you that details of your immigrant visa interview are available on
Entrant Status Check. The Department of State will never send you an
email telling you that you have been selected for the DV program. See
the Frequently Asked Questions for more information about the selection
process.
12. Highest level of education you have achieved, as of today: (1)
Primary school only, (2) Some high school, no diploma, (3) High school
diploma, (4) Vocational school, (5) Some university courses, (6)
University degree, (7) Some graduate-level courses, (8) Master's
degree, (9) Some doctoral-level courses, and (10) Doctorate. See the
Frequently Asked Questions for more information about educational
requirements.
13. Current marital status--Unmarried, married, divorced, widowed,
or legally separated. Enter the name, date of birth, gender, city/town
of birth, country of birth of your spouse, and a photograph of your
spouse meeting the same technical specifications as your photo.
Failure to list your eligible spouse will result in
disqualification of the principal applicant and refusal of all visas in
the case at the time of the visa interview. You must list your spouse
even if you plan to be divorced before you apply for a visa. A spouse
who is already a U.S. citizen or a Lawful Permanent Resident will not
require or be issued a DV visa, though you will not

[[Page 57174]]

be penalized if you list them on your entry form. See the Frequently
Asked Questions for more information about family members.
14. Number of children--List the Name, date of birth, gender, city/
town of birth, and country of birth for all living unmarried children
under 21 years of age, regardless of whether or not they are living
with you or intend to accompany or follow to join you should you
immigrate to the United States. Submit individual photographs of each
of your children using the same technical specifications as your own
photograph.
Be sure to include:
All living natural children;
all living children legally adopted by you; and,
all living step-children who are unmarried and under the
age of 21 on the date of your electronic entry, even if you are no
longer legally married to the child's parent, and even if the child
does not currently reside with you and/or will not immigrate with you.
Married children and children over the age of 21 are not eligible
for the DV. However, the Child Status Protection Act protects children
from ``aging out'' in certain circumstances. If your DV entry is made
before your unmarried child turns 21, and the child turns 21 before
visa issuance, he/she may be treated as though he/she were under 21 for
visa-processing purposes.
A child who is already a U.S. citizen or a Lawful Permanent
Resident is not eligible for a diversity visa, and you will not be
penalized for either including or omitting such family members from
your entry.
Failure to list all children who are eligible will result in
disqualification of the principal applicant and refusal of all visas in
the case at the time of the visa interview. See the Frequently Asked
Questions for more information about family members.
See the Frequently Asked Questions for more information about
completing your Electronic Entry for the DV-2016 Program.

Selection of Applicants

Based on the allocations of available visas in each region and
country, individuals will be randomly selected by computer from among
qualified entries. All DV-2016 entrants will be required to go to the
Entrant Status Check using the unique confirmation number saved from
their DV-2016 online entry registration to find out whether their entry
has been selected in the DV program. Entrant Status Check will be
available on the E-DV Web site at www.dvlottery.state.gov starting May
5, 2015, through at least June 30, 2016.
If your entry is selected, you will be directed to a confirmation
page that will provide further instructions, including information on
fees connected with immigration to the United States. Entrant Status
Check will be the only means by which selectees will be notified of
their selection for DV-2016. The Department of State will not mail out
notification letters or notify selectees by email. U.S. embassies and
consulates will not provide a list of selectees. Individuals who have
not been selected also will be notified ONLY through Entrant Status
Check. You are strongly encouraged to access Entrant Status Check
yourself and not to rely on someone else to check and inform you.
If you are selected, in order to receive a DV to immigrate to the
United States, you still must meet all eligibility requirements under
U.S. law. These requirements may significantly increase the level of
scrutiny required and time necessary for processing for natives of some
countries listed in this notice including, but not limited to,
countries identified as state sponsors of terrorism.
All processing of entries and issuance of DVs to selectees meeting
eligibility requirements and their eligible family members must be
completed by midnight on September 30, 2016. Under no circumstances can
DVs be issued or adjustments approved after this date, nor can family
members obtain DVs to follow-to-join the principal applicant in the
United States after this date. See the Frequently Asked Questions for
more information about the selection process.

Submitting a Digital Photograph (Image)

You can take a new digital photograph or scan a photographic print
with a digital scanner, as long as it meets the compositional and
technical specifications listed below. Test your photos through the
photo validation link on the E-DV Web site, which provides additional
technical advice on photo composition and examples of acceptable and
unacceptable photos.
Photographs must be in 24-bit color depth. If you are using a
scanner, the settings must be for True Color or 24-bit color mode. See
the additional scanning requirements below.

Compositional Specifications

Head Position: The subject must directly face the camera.
The subject's head should not be tilted up, down, or to the side. The
head height or facial region size (measured from the top of the head,
including the hair, to the bottom of the chin) must be between 50
percent and 69 percent of the image's total height. The eye height
(measured from the bottom of the image to the level of the eyes) should
be between 56 percent and 69 percent of the image's height.
Light-colored Background: The subject should be in front
of a neutral, light-colored background.
Focus: The photograph must be in focus.
No Decorative Items: The subject must not wear sunglasses
or other items that detract from the face.
No Head Coverings or Hats: Head coverings or hats worn for
religious beliefs are acceptable, but the head covering may not obscure
any portion of the face. Tribal or other headgear not religious in
nature may not be worn. Photographs of military, airline, or other
personnel wearing hats will not be accepted.

Technical Specifications

Taking a New Digital Image. If you take a new digital
image, it must meet the following specifications:
Image File Format: The image must be in the Joint Photographic
Experts Group (JPEG) format.
Image File Size; The maximum image file size is 240 kilobytes
(240KB).
Image Resolution and Dimensions: Minimum acceptable dimensions are
600 pixels (width) x 600 pixels (height). Image pixel dimensions must
be in a square aspect ratio (meaning the height must be equal to the
width).
Image Color Depth: Image must be in color (24 bits per pixel). 24-
bit black and white or 8-bit images will not be accepted.
Scanning a Submitted Photograph. Before you scan a
photographic print, make sure it meets the color and compositional
specifications listed above. Scan the print using the following scanner
specifications:
Scanner Resolution: Scanned at a resolution of at least 300 dots
per inch (dpi).
Image File Format: The image must be in the Joint Photographic
Experts Group (JPEG) format.
Image File Size: The maximum image file size is 240 kilobytes (240
KB).
Image Color Depth: 24-bit color. [Note that black and white,
monochrome, or grayscale images will not be accepted.]

Frequently Asked Questions (FAQ's)

Eligibility

1. What do the terms ``Native'' and ``chargeability'' mean?
``Native'' ordinarily means someone born in a particular country,
regardless

[[Page 57175]]

of the individual's current country of residence or nationality.
``Native'' can also mean someone who is entitled to be ``charged'' to a
country other than the one in which he/she was born under the
provisions of Section 202(b) of the Immigration and Nationality Act.
Because a numerical limitation is placed on immigrants entering
from a country or geographic region, each individual is ``charged'' to
a country. Your chargeability'' refers to the country whose limitation
you count towards. Your country of eligibility will normally be the
same as your country of birth. However, you may choose your country of
eligibility as the country of birth of your spouse, or the country of
birth of either of your parents if you were born in a country in which
neither parent was born and in which the parents were not resident at
the time of your birth. These are the only three ways to select your
country of chargeability.
Listing an incorrect country of eligibility or chargeability (i.e.,
one to which you cannot establish a valid claim) may disqualify your
entry.
2. Can I still apply if I was not born in a qualifying country?
There are two circumstances in which you still might be eligible to
apply. First, if your derivative spouse was born in an eligible
country, you may claim chargeability to that country. As your
eligibility is based on your spouse, you will only be issued a DV-1
immigrant visa if your spouse is also eligible for and issued a DV-2
visa. Both of you must enter the United States together using your DVs.
Similarly, your minor dependent child can be ``charged'' to a parent's
country of birth.
Second, you can be ``charged'' to the country of birth of either of
your parents as long as neither of your parents was born in or a
resident of your country of birth at the time of your birth. People are
not generally considered residents of a country in which they were not
born or legally naturalized, if they were only visiting, studying in
the country temporarily, or stationed temporarily for business or
professional reasons on behalf of a company or government from a
different country other than the one in which you were born.
If you claim alternate chargeability through either of the above,
you must provide an explanation on the E-DV Entry Form, in question
6.
Listing an incorrect country of eligibility or chargeability (i.e.,
one to which you cannot establish a valid claim) may disqualify your
entry.
3. Why do Natives of certain countries not qualify for the DV program?
DVs are intended to provide an immigration opportunity for persons
who are not from ``high admission'' countries. The law defines ``high
admission countries'' as those from which a total of 50,000 persons in
the Family-Sponsored and Employment-Based visa categories immigrated to
the United States during the previous five years. Each year, U.S.
Citizenship and Immigration Services (USCIS) tallies the family and
employment immigrant admission and adjustment of status figures for the
previous five years to identify the countries that are considered
``high admission'' and whose natives will therefore be ineligible for
the annual diversity visa program. Since this calculation is made
annually, the list of countries whose natives are eligible or not
eligible may change from one year to the next.
4. How many DV-2016 visas will go to natives of each region and
eligible country?
United States Citizenship and Immigration Services (USCIS)
determines the regional DV limits for each year according to a formula
specified in Section 203(c) of the INA. The number of visas that will
eventually be issued to natives of each country will depend on the
regional limits established, how many entrants come from each country,
and how many of the selected entrants are found eligible for the visa.
No more than seven percent of the total visas available can go to
natives of any one country.
5. What are the requirements for education or work experience?
U.S. immigration law and regulations require that every DV entrant
must have at least a high school education or its equivalent or have
two years of work experience within the past five years in an
occupation requiring at least two years of training or experience. A
``high school education or equivalent'' is defined as successful
completion of a 12-year course of elementary and secondary education in
the United States OR the successful completion in another country of a
formal course of elementary and secondary education comparable to a
high school education in the United States. Only formal courses of
study meet this requirement; correspondence programs or equivalency
certificates (such as the General Equivalency Diploma G.E.D.) are not
acceptable. Documentary proof of education or work experience must be
presented to the consular officer at the time of the visa interview.
If you do not meet the requirements for education or work
experience, your entry will be disqualified at the time of your visa
interview, and no visas will be issued to you or any of your family
members.
6. What occupations qualify for the DV program?
The U.S. Department of Labor's (DOL) O*Net OnLine database will be
used to determine qualifying work experience. The O*Net Online Database
groups job experience into five ``job zones.'' While many occupations
are listed on the DOL Web site, not all occupations qualify for the DV
Program. To qualify for a DV on the basis of your work experience, you
must have, within the past five years, two years of experience in an
occupation that is designated as Job Zone 4 or 5, classified in a
Specific Vocational Preparation (SVP) range of 7.0 or higher.
If you do not meet the requirements for education or work
experience, your entry will be disqualified at the time of your visa
interview, and no visas will be issued to you or any of your family
members.
7. How can I find the qualifying DV occupations in the Department of
Labor's O*Net online database?
When you are in O*Net OnLine, follow these steps to find out if
your occupation qualifies:
1. Under ``Find Occupations'' select ``Job Family'' from the pull
down;
2. Browse by ``Job Family'', make your selection, and click ``GO'';
3. Click on the link for your specific occupation.
4. Select the tab ``Job Zone'' to find the designated Job Zone
number and Specific Vocational Preparation (SVP) rating range.
As an example, select Aerospace Engineers. At the bottom of the
Summary Report for Aerospace Engineers, under the Job Zone section, you
will find the designated Job Zone 4, SVP Range, 7.0 to

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