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.
Under Section 101((a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. §1101 et seq.), certain foreign nationals that are citizens of a country that has entered into a treaty of commerce and navigation with the United States, may obtain a nonimmigrant visa and work and live in the U.S. if such foreign national has invested a "substantial amount of capital" in a U.S. enterprise. This is what is referred to as the "E-2 Treaty Investor Visa" category. There are numerous countries that qualify for this visa because they entered into a treaty of commerce and navigation with the U.S. The U.S. Department of State publishes this list of countries. However, there are many countries that do not have a treaty with the U.S., like Venezuela, Brazil, Uruguay, Portugal, India and other countries. Last year, the U.S. Department of State issued a notification that its treaty with Ecuador was terminated by Ecuador. Therefore, nationals of Ecuador no longer qualify for the E-2 Treaty Investor Visa and Ecuadorian nationals that have made qualifying investments in the U.S. prior to May 18, 2018 will continue to be entitled to E-2 status, but only until May 18, 2028.
There are several different opportunities for employees, entrepreneurs and investors from other countries to obtain visas and live in Florida. Skilled employees who have at least a bachelor's degree may be eligible for an H-1B visa. Another possibility is an L-1 visa. This allows an employee to transfer from a company's foreign subsidiary to a U.S. location.
Living in America is a dream for many. While countless people wait for visas, many others search for ways to legally immigrate to the United States. You might want to pursue an education in the U.S. Or perhaps you have loved ones living stateside and you want to join them. Although it may take time to get a visa application approved, there are many means by which you could enter the country.
By: Santiago J. Padilla, Esq.