For some, the entrepreneurial spirit means developing an idea for a product or service and striking out on your own. For those who do not have a new idea (or a twist on an old one), investing in a franchise offers a unique opportunity.
It seems no matter how the political and economic climate changes in the United States, it is still a land of opportunity for those seeking a new path. Unfortunately, the process of becoming a U.S. permanant resident and/or U.S. citizen can seem complicated and cumbersome.
Many prospective clients come to my office because they just bought a new home and they are in the process of making renovations, but the contractor is not completing the work or has completed the work unsatisfactorily. I usually ask the homeowner to give me the contract with the renovation contractor, but the answer usually is that they do not have one. This is obviously a huge mistake because without a contract it may be difficult to demand performance from the contractor.
Un aspecto de la ley de inmigración que pocos conocen es el hecho de que existen sanciones penales para ciertos ciudadanos extranjeros si no cambien su dirección cuando se mudan. Específicamente, la Sección 266 (a) de la Ley de Inmigración y Nacionalidad establece que:
As I have advocated in previous blogs, one solution to resolve the unreasonable and inordinate delays in visa petition processing times is to take the government to court, either under the Mandamus Act, 28 U.S.C. §1361, or under the Administrative Procedures Act, 5 U.S.C. §555(b), or both. What is particularly compelling is that under the Equal Access to Justice Act, 28 U.S.C. §2412, a prevailing party shall be awarded attorney's fees where the government cannot show that its position "was substantially justified." The government has the burden of proving that its position was substantially justified. I would argue that the visa processing delays that we are experiencing now cannot be justified. In fact, there are fewer immigration petitions being filed, but the processing delays have increased disproportionatly. Therefore, it is most likely that the applicant and/or beneficiary would be awarded attorney's fees if the applicant prevails in Federal Court.
One of the issues that we face the most in our immigration practice is the lack of clarity and/or transparency in the processing times that U.S. Citizenship and Immigration Services ("USCIS") has for adjudicating petitions. This makes clients frustrated on many levels, but it is something that has become the new normal in our immigration environment.