The British Club Worldwide
Emigration
To
Australia - Canada - New Zealand - South Africa - USA - UK
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Emigration To Australia
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Emigration To Canada
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Emigration To New Zealand
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Emigration To South Africa
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Emigration to USA
US
Immigration (Green Card) Permanent Residency
Good advice from Roy Dowty
Immigration in the US has changed a lot over the years none more than
since the September 11 2001 World Trade Center Disaster.
RECENT
HISTORY
In 1996, The Republican Congress during the Defense Budget Bill passage,
the Illegal Immigration Reform and Immigrant
Responsibility Act was attached without discussion. This changed many
Immigration Laws affecting Permanent Residents.
Because of lack of funding and
INS’s inability to get information held by the FBI, this restricted the
implication by the INS until 2001, when following the World Trade Center
disaster the Government passed the Uniting and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001.
Since then the Department of Homeland Security has been formed and
Immigration has really been tighten up with massive injection of funds and
information sharing.
Between 2002 and 2004 resources for the agencies and resources moving into
the DHS grew by more than 60% to $36.2 billion including an increase in staff of
nearly 61,000 to protect the homeland.
Budget for FY 2005 will further increase DHS another $3.6 Billion, which
is a 103% increase of funds since 2001.
Everybody think this does not involve him or her WRONG this affect
everybody.
Before 1996 to be deported for a Criminal Offence, it had to be a Felony
and subject to a sentence of more than 5 years, now it covers anything where the
sentence is 1 year or more.
So all the old misdemeanors with sentences of 12 months are deportable
offences, if you have one you need to get it expunged.
(Misdemeanors now have a maximum of 11 months and 28 days).
DID YOU KNOW?
1.
You have to inform the DHS of an address change within 10 days of moving.
2.
If you have a previous version of the alien
registration card (e.g., USCIS Form AR-3, Form AR-103, or Form I-151 - all no
longer valid to prove your immigration status) and must replace it with the
current permanent resident card (Form I-551);
3.
If you have committed a misdemeanor that has
a sentence of 1 year you are deportable even if this was suspended or probation.
If you go to court for anything, ensure your lawyer checks the implication of
any sentence or plea-bargain on your Immigration Status, you could be deported.
DUI is an offence of Moral Turpitude and as such could get you deported.
4.
When you leave the country and re-enter you
are subject to a different Section of the Immigration Law you are an Arriving
Alien not a Resident Alien. ( they will check your records on the FBI computer)
5.
As an Arriving Alien if you are apprehended,
you are not entitled to Bail and will be deported to your Country of Origin.
6.
If your Country of Origin does not want you,
you can be detained indefinitely by the DHS.
If this has scared you do not PANIC help is at hand, although I am not a
Immigration Lawyer I will try and help with advice on where to get the
appropriate information/forms you may require.
If you are not comfortable doing all the documentation I can help you fill
them out.
But you must always consider contacting an Immigration Lawyer especially
if you have unusual circumstances, these can be found on your State or Local Bar
Associations web site, They will normally give you a free consultation and then
quote you a fixed price normally anywhere from $1000.00 up depending on the
case, get it in writing and shop around.
Information regarding Immigration is on the
US Citizenship and Immigration Services web site at http://uscis.gov/graphics/index.htm
Legal Notice
This
article is written for information only and is not intended for any other
purpose
Any
advice given is given freely; the recipient should always consult the US
Citizenship and Immigration Services or an Immigration Lawyer for further
clarification of Immigration Law.
This article was written by Roy Dowty a fellow Brit Expat and member of The British Club Worldwide. He may be contacted at rdowty@midsouth.rr.com
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More Sites Relevant To USA Immigration
Adjustment of Status Experiences - Collection of AOS experiences.
alt.visa.us.marriage-based newsgroup - If you have a marriage visa question, you usually can find the answer here. It can also be found using a newsreader such as Outlook or Netscape.
American Embassy London -List of services.
American Immigration Lawyers Association (AILA) - Site you can find an immigration attorney if you need one.
Bringing a Pet to the United States - Listing requirements for bringing a pet to the US.
British Consulates and Embassy - List of British Consulates and Embassy in the US.
Bureau of Citizenship and Immigration Services- US Immigration homepage.
Case Status - Check your INS case status here. You will need your application receipt number to find the status of your visa application.
Doc Steen's Marriage Visa Information Pages - A collection of links, info and personal experiences dealing with K-1 and I-130 visas.
Foreign Born - Site for foreign nationals entering or living in the US.
Guide on Immigrating to the USA - The Johnson's step by step immigration outline from the UK to the US.
I-130 FAQ - Information and FAQ about the I-130 Spousal Visa.
ILW.COM - The immigration portal offers valuable information and immigration services.
Immigration and Naturalization Service now known as BCIS - US Immigration homepage.
Immigration Links - Immigration news, information and legal research.
Internet Romance Immigration Links - Immigration links.
K-1 and I-130 Resources - Site leading you to others with immigration information.
K-1 FAQ - Information, Links, etc about the K-1 Fiancé Visa.
List of US/UK Marriage Visa Sites - Collection of US/UK homepages telling their K-1 and I-130 experiences.
Marriage-Based Visa Site Project - Information about K-1(fiancé) and I-130(spousal) visas.
murthy.com - Has timelines for INS service centers.
Naturalization Self Test - INS online online self test (does not give you citizenship) to help prepare for the real life test, as well as answering many US citizenship questions.
Passport(UK) - How and Where to renew your British Passport.
Passport(US) - Printable form for amending passport after marriage.
Port of Entry Rolling List - Detailed listing of port of entry experiences.
Pro Bono Program - INS site that lists free legal service providers in your state.
Shusterman's Immigration Guide - Practical guide to immigrating to the United States.
State Marriage License Requirements - What you need to know about applying for a marriage license in each state.
Social Security Number - Printable application for SSN.
Timeline for I-129 Fiancé Visa - Gives personal timelines for the service centers.
Timelines for I-130 Spousal Visa - Gives personal timelines for the service centers and field offices.
US Department of State - You can find travel warnings along with visa and emergency abroad information.
US State Department - Work visa information.
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Emigration to UK
American Embassy London -List of services.
Bringing a Pet to Britain - As of 11 December 2002 you may obtain a pet passport from the US to take your pet to the UK. This site will tell you what you need to know about taking your pet to the UK.
British Consulates and Embassy - List of British Consulates and Embassy in the US.
Foreign & Commonwealth Office London - Information on UK immigration, including settlement visas for spouses and fiancés.
Gudeon & Hodkinson - They are an American law firm located in London, England practising exclusively U.S. immigration and nationality law with emphasis on consular visa processing at the U.S. Embassy in London.
Immigration & Nationality Directorate - United Kingdom Immigration and Nationality Directorate, immigration rules.
Internet Romance Immigration Links - Immigration links.
Moving from the US to the UK - Informative site about moving to the UK.
National Statistics - Tells you where to locate UK birth and marriage certificates.
Passport(UK) - How and Where to renew your British Passport.
UK Immigration - UK Immigration facts and forms.
UK Fiancé(e) Visa - How to obtain a fiancé(e) visa for the UK.
UK Spouse Visa - How to obtain a spousal visa for the UK.
US to UK Moving FAQ - Information on moving to the UK.
WorkPermit.com - Gives you details about applying for work permit and links to IT employers.
Other Immigration Sites
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