Tag: immigration

  • Concept Of Freedom, US Style-Immigrant Beaten to Death

    “A new PBS documentary exposes the tasing and beating death of a Mexican immigrant by U.S. border agents in California and has renewed scrutiny of what critics call a culture of impunity. In May 2010, 32-year-old Anastasio Hernández-Rojas was caught trying to enter the United States from Mexico near San Diego. He had previously lived in the United States for 25 years and was the father of five U.S.-born children. But instead of deportation, Hernández-Rojas’s detention ended in his death. A number of border officers were seen beating him, before one tasered him at least five times. He died shortly afterward. The agents say they confronted Hernández-Rojas because he became hostile and resisted arrest. But previously undisclosed videos recorded by eyewitnesses on their cell phones show a different story. “All eyewitnesses that we spoke to basically tell the same story of a man hogtied and handcuffed behind his back, not resisting, being beaten repeatedly by batons, by kicks, by punches, by the use of a taser, for almost 30 minutes until he died,” says reporter John Carlos Frey, whose exposé aired in a national television special last Friday night as part of a joint investigation by the PBS broadcast, “Need to Know,” and the Investigative Fund of the Nation Institute. We also speak with Hernández-Rojas’s widow, María Puga. “My husband was tortured. He was severely beaten. And they’ve destroyed an entire family,” says Puga, speaking through a SpanishEnglish translator. “All we want is justice. And we need your help to get that justice.” [includes rush transcript]”

     

     

  • UK Riots, Shocking Images and Live Coverage-Why?

    The UK riots was waiting to happen,considering the generally insular nature of Britishers,not withstanding high percentage of immigrant population.

    Reasons are.

    High percentage of immigrants are illegal.

    Among them are people with criminal back ground.

    Mostly the immigrants do not integrate with the local culture.

     Preaching of Religion in violent terms.

    Having come to another country, the immigrants must know it is not their country and behave in such a way as not to offend the sensibilities of the locals.

    Depressive economic conditions in the country and rising unemployment.

    Britishers must also realize that professing high morals in respect of offering refugees is one thing and learning to live with it is different.

    If they want to be honest with their principle they must be accommodating.

    As David Cameron has rightly observed it is lack of Parental control, loss of Faith and erosion of moral values in the society.

    21.39 We’re going to wrap it up here. Tomorrow’s paper is leading on the story that young yobs are back on the streets despite David Cameron’s pledge:

    Despite David Cameron’s promises that they would face “punishment”, a string of juvenile criminals have been allowed to return home with their parents.

    Several of the young rioters have been pictured in national newspapers committing crimes. Nonetheless, they retain the court’s protection of legal anonymity.

    The sentences being handed down have dismayed police and MPs after the Prime Minister’s promise that rioters would “pay for what they have done”.

    21.14 Daniel Johnson, the editor of Standpoint, writes that the riots have brought forth examples of real heroism in Britain:

    We British can take heart from our present as well as our past. For in this nightmarish week there have been countless examples of real heroism, heartwarming kindness and bloody-minded determination to “keep buggering on”, as Churchill used to say.              

    http://www.telegraph.co.uk/news/uknews/crime/8687177/London-riots-live.html

  • US Immigration-Details, Procedures and Forms.

    United States Port of Entry
    Image by Curtis Gregory Perry via Flickr

     

    Details of US Citizenship,Green Card,Visitor Visa, Work Visa and Family Visa may be found at the following Link.

    You can download forms as well.

    http://www.immigrationforms.com/

    Ports of entry to the US are staffed by authorities who have the discretion to deny entry into the country. You can be denied entry into the US even if you have a visa and authorization to enter the US as well as an airline ticket into the US. There are many reasons to be denied entry into the US. If you have been denied entry before, this can be considered due cause to be denied entry again. As well, if border authorities believe that you pose a threat in any way, are engaged in criminal activity or have a criminal record, these can all be grounds for denying you enter into the US.

    If you are being denied entry into the US, the most important thing to do is to remain calm. Arguing will not help and will usually hurt your case. If you can, consider returning home and consulting with a US immigration attorney to ensure that you can re-enter the US again. Contact your airline to see if you can get a refund of your ticket.

    The best way to deal with being denied entry is to prevent it from taking place in the first place. The best way to do this is to ensure that you arrange for proper authorization to enter the US well ahead of time. If there is anything in your past that could cause you to be denied entry into the US – such as a criminal record or a previous denial of entry – speak with a good US immigration attorney before you travel and before you make your travel plans. An experienced attorney can advise you on the best ways to avoid this problem. When traveling to the US, make sure that you bring all your relevant documentation, ID, and any information about what you will be doing in the US. You will also want to buy travel insurance that will refund your money in case you miss your flight and in case you are denied entry. As well, always travel with extra money in case you do need to find your way home after being denied entry. The truth is, no one is guaranteed entry into the US. Even if you have all your visas, authorizations, and paperwork, you may still be denied entry.

    http://www.us-immigration.com/blog/denied-entry-into-the-us-at-the-airport-what-to-do

  • US justifies Radio Tracking-Standard procedure?

     

    Whatever be the compulsions, how can a civilized nation such as US, resort to such contemptible and reprehensible tactics?

    Are human beings animals?

    If you have a case arraign them, sentence them,deport them.

    What do you mean by Freedom?

    Guantanamo /tagging/prisons abroad?

    When the world feels slightly inclined to trust US, comes a bomb like this.

    Indians, don’t you have a sense of shame that you opt to live and choose a country that treats you worse than an animal?

    All this for Dollars?

    Are you Indians to bring disrepute to all of us at home?

    If you have committed an offence you deserve what is coming to you.

    Why do you look for us at home?

    Radio Tracking of Turtles.

    The United States on Monday rejected New Delhi‘s complaints about radio-tagging of some Indian students caught up in a visa and immigration scam and defended the practice saying it is “standard procedure for a variety of investigations, and does not necessarily imply guilt or suspicion of criminal activity.”

    Amid outrage in some quarters in India about the electronic monitoring of 18 students from among nearly 1500 caught up in the incident, the state department issued a lengthy statement explaining that the use of ankle monitor “is a positive alternative to confinement during a pending investigation.”

    It appears that students were offered a choice between immediate legal procedure — which would have involved temporary incarceration, hiring legal counsels, posting bond etc – and electronic monitoring, and many of them opted for the latter. In fact, there appears to be a cultural gap is understanding radio tagging, with many in India believing it to imply criminality, whereas in the US, it is used to offer freedom of move in place of confinement during investigation. Many celebrities and public figures in the US have been radio tagged pending investigations.

    “(It) does not necessarily imply guilt or suspicion of criminal activity. An ankle monitor sends a radio frequency signal containing location and other information to a receiver. It allows for freedom of movement and is a positive alternative to confinement during a pending investigation,” the state department explained in a statement after New Delhi expressed strong concern about students being treated like criminals.

    External affairs minister S M Krishna, himself an exchange student who studied in the United States in the 1960s (and as have many in the union council of ministers subsequently) had taken up the issue of tagging after initial reports suggested Indian students may have been victims of a visa fraud ring. But subsequently inquiries have indicated some of them may have been aware of the situation while exploiting loopholes in the process to emigrate to the US.

    Countering the Indian complaint, the US said the Department of State takes allegations of immigration and visa fraud very seriously, and the ” Tri-Valley University fraud allegations are an excellent example of the universally damaging effects of visa fraud.” Such visa fraud “hinders genuine students from studying in the US and causes opportunities and resources to be taken away from legitimate applicants,” it cautioned.

    “Visa fraud is not a victimless crime, and fraud agents and fake document vendors target some of the most vulnerable and impoverished members of Indian society,” the statement added.

    US justifies radio trackers, says standard procedure – The Times of India http://timesofindia.indiatimes.com/world/us/US-justifies-radio-trackers-says-standard-procedure/articleshow/7400255.cms#ixzz1CgZ2ZmU2

  • US Visa information for Indian Students.

    My US visa
    Image by Rainer Ebert via Flickr

    Qualifying for a Student Visa

    The Immigration and National Act is very specific with regard to the requirements which must be met by applicants to qualify for the student visa. The consular officer will determine whether you qualify for the visa. Additionally, applicants must demonstrate that they properly meet student visa requirements including:

    • Have a residence abroad, with no immediate intention of abandoning that residence;
    • Intend to depart from the United States upon completion of the course of study; and
    • Possess sufficient funds to pursue the proposed course of study.

    When Do I Need to Apply for My Student Visa?

    • Students are encouraged to apply for their visa early to provide ample time for visa processing. Students may apply for their visa as soon as they are prepared to do so.
    • Students should note that Embassies and Consulates are able to issue your student visa 120 days or less, in advance of the course of study registration date. If you apply for your visa more than 120 days prior to your start date or registration date as provided on the Form I-20, the Embassy or Consulate will hold your application until it is able to issue the visa. Consular officials will use that extra time for application processing.
    • Students are advised of the Department of Homeland Security regulation which requires that all initial or beginning students enter the U.S. 30 days or less in advance of the course of study start/report date as shown on the Form I-20. Please consider this date carefully when making travel plans to the U.S.
    • A beginning student who wants an earlier entry into the U.S. (more than 30 days prior to the course start date), must qualify for, and obtain a visitor visa. A prospective student notation will be shown on his/her visitor visa and the traveler will need to make the intent to study clear to the U.S. immigration inspector at port of entry. Before beginning any studies, he or she must obtain approval for a change to Exchange Visitor status, filing Form I-539, Application for Change of Nonimmigrant Status and pay the fee. Also you must submit the required Form I-20 to the Department of Homeland Security office where the application is made. Please be aware that one can not begin studies until the change of classification is approved.
    • Continuing students may apply for a new visa at any time, as long as they have been maintaining student status and their SEVIS records are current. Continuing students may also enter the U.S. at any time before their classes start.

    What Is SEVIS and SEVP? What Should You Know about It?

    The Student and Exchange Visitor Program (SEVP) is designed to help the Department of Homeland Security (DHS) and Department of State better monitor school and exchange programs and F, M and J category visitors. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications via the Internet, to the DHS and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. Select SEVISto go to the DHS, U.S. Immigration and Customs Enforcement Internet site and learn more.

    All student applicants must have a SEVIS generated I-20 issued by an educational institution approved by DHS, which they submit when they are applying for their student visa. Your school is responsible for entering your information for the I-20 student visa form into SEVIS. The consular officer will need to verify your I-20 record electronically through the SEVIS system in order to process your student visa application. Unless otherwise exempt, all F-1 or M-1 principal applicants must pay a SEVIS I-901 fee to the DHS for each individual program. See the SEVP Fact Sheet for a fee list. See SEVIS-901 Feefor further information on how to pay the fee.

    Qualifying for a Student Visa

    The Immigration and National Act is very specific with regard to the requirements which must be met by applicants to qualify for the student visa. The consular officer will determine whether you qualify for the visa. Additionally, applicants must demonstrate that they properly meet student visa requirements including:

    • Have a residence abroad, with no immediate intention of abandoning that residence;
    • Intend to depart from the United States upon completion of the course of study; and
    • Possess sufficient funds to pursue the proposed course of study.

    Applying for a Student Visa

    As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites. Learn how to schedule an appointment for an interview, pay the application processing fee, review embassy specific instructions, and much more by visiting the Embassy or Consulate website where you will apply.

    During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require furtheradministrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer. Also, because each student’s personal and academic situation is different, two students applying for same visa may be asked different questions and be required to submit different additional documents.

    Required Documentation

    Each applicant for a student visa must submit these forms and documentation as explained below:

    • Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students or Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students.You will need to submit a SEVIS generated Form, I-20, which was provided to you by your school.You and your school official must sign the I-20 form. See the previous section for SEVIS information.
    • Online Nonimmigrant Visa Electronic Application, Form DS-160. Visit our DS-160 webpage to learn more about the DS-160 online process.
    • A passport valid for travel to the United States and with a validity date at least six months beyond the applicant’s intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person desiring a visa must complete an application.
    • One (1) 2×2 photograph. See the required photo format explained inNonimmigrant Visa photograph requirements;
    • A MRV fee receipt to show payment of the visa application fee.
    • The SEVIS I-901 fee receipt.

    All applicants should be prepared to provide:

    • Transcripts and diplomas from previous institutions attended;
    • Scores from standardized tests required by the educational institution such as the TOEFL, SAT, GRE, GMAT, etc.;
    • Financial evidence that shows you or your parents who are sponsoring you have sufficient funds to cover your tuition and living expenses during the period of your intended study. For example, if you or your sponsor is a salaried employee, please bring income tax documents and original bank books and/or statements. If you or your sponsor own a business, please bring business registration, licenses, etc., and tax documents, as well as original bank books and/or statements.

    What are the Required Visa Fees?

    • Nonimmigrant visa application processing fee – For current fees for Department of State government services select Fees. You will need to provide a receipt showing the visa application processing fee has been paid, when you come for your visa interview.
    • Visa issuance fee – Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee, if applicable. Please consult the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and what the fee amount is. If there is a fee for issuance for the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant’s country of nationality.

    Spouses and Children

    Applicants with dependents must also provide:

    • Proof of the student’s relationship to his/her spouse and/or children (e.g., marriage and birth certificates.);
    • It is preferred that families apply for F-1 and F-2 visas at the same time, but if the spouse and children must apply separately at a later time, they should bring a copy of the student visa holder’s passport and visa, along with all other required documents.

    Additional Information

    • No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of non refundable tickets should not be made until a visa has been issued.
    • Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the United States.

    Entering the U.S. – Port of Entry

    A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. Student visitors must have their Form I-20 in their possession each time they enter the United States. In advance of travel, students should review important information aboutAdmissions/Entry requirements, as well as information related to restrictions about bringing foodagricultural products or other restricted/prohibited goodsexplained on the Department of Homeland Security, Customs and Border Protection website. Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the U.S. with the Special Registration program. If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it’s very important to keep in your passport.

    Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status

    • It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Information on successfullymaintaining your immigration status while a student or exchange visitor can be found on the Immigration and Customs Enforcement (ICE) website.
    • Staying beyond the period of time authorized by the DHS causes you to be out-of-status in the United States, which is a violation of U.S. immigration laws. This may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more.
    • Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized, even by one day, results in your visa being automatically voided, in accordance with immigration law, INA 222(g). In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.

    What Items Do Returning Students Need?

    All applicants applying for renewals must submit:

    • All items listed in the Required Documentation section and;
    • A new I-20 or an I-20 that has been endorsed on the back by a school official within the past 12 months.

    Students Away from Classes More Than Five Months

    Students in or outside the U.S., who have been away from classes for more than five months, will likely need a new visa to enter the U.S.

    How long may I stay on my F-1 student visa?

    When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:

    • F-1 student – An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.
    • M-1 student – An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. An M student may receive extensions up to three years for the total program.

    As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2009, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as “D/S”), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2009 passes and your visa expires while in America, you will still be in legal student status. However, if you depart the U.S. with an expired visa, you will need to obtain a new one, applying at an Embassy abroad, before being able to return to America and resume your studies.

    Optional Practical Training

    Students who are authorized for Optional Practical Training (OPT) must have an I-20 endorsed for OPT, and provide a USCIS-issued Employment Authorization Document (EAD). When authorized, Optional Practical Training (OPT) is temporary employment that is directly related to the eligible F-1 student’s area of study. To learn more about OPT, please visit the USCIS Website and the ICE international Students webpage.

    Attending Public Secondary School

    There are certain restrictions on student F-1 visa holders attending public school in the U.S. See our Foreign Students in Public Schools webpage to learn more.

    How Do I Extend My Stay?

    Visitors who wish to stay beyond the date indicated on their Form I-94 are required to have approval by USCIS. See Extend Your Stay on the USCIS website.

    How Do I Change My Status?

    Some nonimmigrant visa holders, while present in the U.S., are able to file a request which must be approved by USCIS to change to another nonimmigrant category. See Change My Nonimmigrant Status on the USCIS website.

    Important Note: Filing a request with USCIS for approval of change of status before your authorized stay expires, while you remain in the U.S., does not by itself require the visa holder to apply for a new visa. However, if you cannot remain in the U.S. while USCIS processes your change of status request, you will need to apply for a nonimmigrant visa at a U.S. Embassy or Consulate abroad.

    Further Visa Inquiries

    • Questions on visa application procedures and visa ineligibilities should be made to the U.S. Embassy or Consulate abroad by the applicant. Before submitting your inquiry, we request that you carefully review this web site and also the Embassy website abroad. Very often you will find the information you need.
    • If your inquiry concerns a visa case in progress overseas, you should first contact the U.S. Embassy or Consulate handling your case for status information by selecting U.S. Embassy or Consulate.
    • If you have additional inquiries about F or M student visas/J-1 exchange visitor visas, please email our Student/Exchange Visitor Visa Center at:fmjvisas@state.gov.