FOR IMMEDIATE RELEASE
Released: Jan. 2, 2013
Contact: DHS Press Office, (202) 282-8010
WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at www.uscis.gov.
“This final rule facilitates the legal immigration process and reduces the amount of time that U.S. citizens are separated from their immediate relatives who are in the process of obtaining an immigrant visa,” said Secretary Napolitano.
U.S. Citizenship and Immigration Services (USCIS) received more than 4,000 comments in response to the April 2, 2012 proposed rule and considered all of them in preparing the final rule.
“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this rule achieves,” USCIS Director Mayorkas said. “The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon.”
Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa. Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.
In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.
Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives. Details on the process changes are available at www.regulations.gov.
In what appears to be the direction of U.S. immigration laws for the future, ICE has issued new national detainer guidance that eliminates the fear of deportation for most non-criminal aliens.
This guidance restricts the use of detainers to those who meet the department's enforcement priorities and curbs the use of detainers against people arrested for minor misdemeanor offenses such as petty crimes and traffic offenses. The new detainer guidance is intended to make certain that available resources are focused on apprehending felons, repeat offenders and other ICE priorities.
Immigration and Customs Enforcement Director John Morton has issued the latest guidance memo to the field directing the agency's officers only to ask for local law enforcement agencies to detain individuals accused of serious offenses. The memo states:
Consistent with ICE's civil enforcement priorities and absent extraordinary circumstances, ICE agents and officers should issue a detainer in the federal, state, local, or tribal criminal justice systems against an individual only where (1) they have reason to believe the individual is an alien subject to removal from the United States and (2) one or more of the following conditions apply:
• the individual has a prior felony conviction or has been charged with a felony offense;
• the individual has three or more prior misdemeanor convictions;
• the individual has a prior misdemeanor conviction or has been charged with a misdemeanor offense if
1. the misdemeanor conviction or pending charge involves violence, threats, or assault;
2. sexual abuse or exploitation;
3. driving under the influence of alcohol or a controlled substance;
4. unlawful flight from the scene of an accident;
5. unlawful possession or use of a firearm or other deadly weapon;
6. the distribution or trafficking of a controlled substance; or
7. other significant threat to public safety;
• the individual has been convicted of illegal entry pursuant to 8 U.S.C. § 1325;
• the individual has illegally re-entered the country after a previous removal or return;
• the individual has an outstanding order of removal; the individual has been found by an immigration officer or an immigration judge to have knowingly committed immigration fraud; or
• the individual otherwise poses a significant risk to national security, border security, or public safety.
"Smart and effective immigration enforcement relies on setting priorities for removal and executing on those priorities," explained Director Morton. "In order to further enhance our ability to focus enforcement efforts on serious offenders, we are changing who ICE will issue detainers against. While the FY 2012 removals indicate that we continue to make progress in focusing resources on criminal and priority aliens, with more convicted criminals being removed from the country than ever before, we are constantly looking for ways to ensure that we are doing everything we can to utilize our resources in a way that maximizes public safety."
In an effort to maintain its’ resources on priority cases ICE has implemented policies and processes that ensure that those enforcing immigration laws make suitable use of the discretion they have in determining the types of individuals prioritized for removal from the U.S.
Most importantly, ICE will not to renew any of its agreements with state and local law enforcement agencies that operate task forces under the 287(g) program. (The program that empowered the much criticized Arizona Senate Bill 1070). The Arizona Act made it a state misdemeanor crime for an alien to be in Arizona without carrying the required documents and required that state law enforcement officers attempt to verify an individual's immigration status during a "lawful stop, detention or arrest", or during a "lawful contact" when there is reasonable suspicion that the individual is an undocumented immigrant.
Critics of the legislation argued that it promotes racial profiling, while supporters say the law prohibits the use of race as the sole basis for investigating immigration status. In over 70 U.S. cities there were protests in opposition to the law
In June 2012, the U.S. Supreme Court ruled on the case Arizona v. United States. While the ruling upheld the provision requiring immigration status checks during law enforcement stops, it struck down provisions that gave the law it's power.
Now with Morton’s latest memo, 13 million undocumented immigrants can take a deep breath while waiting for comprehensive immigration reform laws to be enacted in 2013.
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WASHINGTON — Rep. Luis Gutierrez (D-Ill.) is quietly working the political background with two key Republicans, Sen. Marco Rubio and Rep. Paul Ryan, to forge bipartisan immigration reform legislation.
While Congress is focused with fiscal cliff negotiations and gun control debate, Rep. Luis Gutierrez (D-Ill.) is already taking the lead on immigration refom, by constructing a bipartisan network to enact comprehensive immigration reform in early 2013. Even while Congress is focused on an agreement to resolve the “fiscal cliff” Gutierrez is taking an aggressive tactic of establishing alliance with republican Florida senator Marco Rubio and Rep. Paul Ryan, Mitt Romney's vice-presidential running mate in November’s election.
According to the Huffington post, Gutierrez met on Thursday with Senator Rubio, in his Senate office and on Dec. 12, Gutierrez strategized with Ryan at his House office. “What we did was just kind of catch up,” Gutierrez told Huffington post. They wanted “explore opportunities to work together.”
Gutierrez chairs the Congressional Hispanic Caucus’ Immigration Task Force established by the United Association for Labor Education. Over the past few years Gutierrez has established himself as a zealous advocate for comprehensive immigration reform.
During the recent election Gutierrez campaigned aggressively for President Barack Obama in swing states, but now is complaining the president isn’t actively promoting immigration reform talks in Congress.
In 2011 Gutierrez went on the immigration trail, with a 20-city tour aimed at at maintaining pressure on President Obama and Congress to resolve the problems associated with the mounting number of deportations and congress’ and more specifically Obama for his dismal failure in carrying out promises enact immigration reform. Gutierrez threatened Obama, the he would have trouble with the Hispanic vote in 2012 if he does not deliver on promises for an immigration overhaul
Following the Republican’s dismal election result in securing Latino votes, Republicans attempted to pass a bill that would grant foreigners with science and technical degrees from American universities visas while cutting another visa program that benefits poorer, mostly African immigrants was derailed by the democrats in the House. Although House Republicans touted the bill as the first step in immigration reform, Democrats were upset at the bill’s elimination of the Diversity Visa Program, a green card lottery that awards visas to immigrants from underrepresented countries of origin. During the House debate Gutierrez called the bill racist.
However not much could stop the growing momentum for immigration reform in 2013. Even Arizona Republican Sen. John McCain, who led efforts to pass comprehensive immigration reform legislation in 2006, along with other bipartisan lawmakers, have begun discussions, and the immigration issue is expected to be the hot political topic of 2013.
December 20, 2012 - Tel Aviv - Most of the world connects Israel to the middle east conflicts; the recent Gaza conflict is just one of the may stories heard about Israel on a daily basis .What is not yet known, is that Israel is angling her way into becoming one of the preeminent fashion capitals the world. The Tel Aviv Fashion Week is just in it’s second year and in large parts due to its producer, Motty Reif, it is finally taking off.
At the second Tel Aviv Fashion Week, Journalists from Sao Paulo, Milan, Berlin, Rome, Hong Kong, Berlin and Paris are observing exciting new trends with a new twist on the black, shiny, mirrored runway at what is now Tel Aviv Fashion Week. Models from all over the world are flown in by designers and fashion houses.
As exciting as Tel Aviv Fashion week, soon there will be fashion week in New York, and an infinite numbers of models will be filing the visas with the U.S. Consulates world wide in order that they may work in the U.S. as a fashion model.
This article will explain the basics in obtaining a visa for a fashion model.
Under U.S. immigration laws, there are three methods to qualify for a foreign model to work in the U.S. They are H-1B WORK VISA, the O-1 ALIEN VISA and the P-3 CULTURAL EVENT VISA:
The H-1B3 Visa for Fashion Models
The H-1B3 work visa allows a foreign fashion model to work in the U.S. for a designated employer for a three-year period. In order to qualify the model must be coming to the U.S. to perform services, which require a model of prominence. Not just any model. Prominence means a high level of accomplishment in the field of fashion modeling, evidenced by a degree of skill and recognition substantially above that which is ordinarily encountered. A prominent model may be one who is famous, or well known in the field of fashion modeling. The model must establish that they are of distinguished merit and ability.
• The position offered or the services to be performed in the U.S., must require a fashion model of prominence.
• The U.S. employer must pay the fashion model, as is the case with all H1B professionals, the prevailing wage for the occupation in the area of intended employment or the actual wage being paid by the employer to fashion models of similar standing, whichever is higher.
• Fashion Models, unlike all other H1B professionals, do not necessarily need to hold a bachelor or higher degree.
The Model must provide evidence establishing that she or he is nationally or internationally recognized in the field of fashion modeling.
The evidence must include at least two of the following types of documentation which show that the model:
• Has achieved national or international recognition in his or her field as evidenced by major newspaper, trade journals, magazines or other published material;
• Has performed and will perform services as fashion model for employers with a distinguished reputation;
• Has received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies or other recognized experts in the field; or
• Commands a high salary or other substantial remuneration for services, as shown by contracts or other reliable evidence.
The O-1 VISA FOR FASHION MODELS
The O-1 alien visa allows foreigners of extra-ordinary skills and talents to visit the U.S. for twelve months. This visa requires that you show: 1) A major international award or prize, or 2) Other significant awards or prizes, or contributions to the field, or well-paid employment, and 3) a consultation report from a peer group, labor union or management organization verifying the alien's credentials and the benefits of the visit.
On the other hand, to qualify under O-1, the fashion model must establish extraordinary ability in business, not in the arts. Extraordinary ability in the field of business means a level of expertise indicating that the person is one of the small percentages that has risen to the very top of the field of endeavor. This requirement is considerably higher than the distinguished merit or ability requirement of H1B visa for Fashion Models.
The P-3 CULTURAL VISAS FOR FASHION MODELS.
The P-3 cultural event visa is accessible to "artists and entertainers" who come to the U.S. to participate in a "culturally unique" event or program, which furthers the art form. This requires evidence of: 1) skills and talents which are authentic and supported by recognized credentials such as prizes or awards, published articles about your accomplishments, and letters from leaders explaining your performance, 2) your performance is "culturally unique" based on newspaper or other written review, and 3) a consultation report from a peer group, labor union or management organization verifying the alien's credentials and how the event is "culturally unique".
An example of a "culturally unique" event might be a model's trade show sponsored by a U.S company to showcasing the beauty and modeling skills of the women of Rio de Janeiro.
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Immigration Lawyers for Fashion Model Visas
WASHINGTON — There is no doubt that 71% of Latino voters' clear choice on election day, has created a fertile environment for the renewal of legislation that would provide comprehensive immigration reform.
The results of these findings are striking, After a five year battle against any type of immigration reform , some republicans have begun to see a platform to stop their free flight downward move towards a demise of the republican party.
At a recent press conference President Obama was exited in detailing his second-term agenda for immigration reform stating "I'm very confident we can get immigration reform done," (Washington Post Transcript, Nov. 14, 2012) "[M]y expectation is that we get a bill introduced and we begin the process in Congress very soon after my inauguration."
President Obama outlined his amnesty plan as such: I do think that there should be a pathway for legal status for those who are living in this country, are not engaged in criminal activity, are here to simply to work. It's important for them to pay back taxes. It's important for them to learn English. It's important for them to potentially pay a fine, but to give them the avenue whereby they can resolve their legal status here in this country... The President also repeated his support for the DREAM Act, stating he wants to make Administration's temporary amnesty — Deferred Action for Childhood Arrivals (DACA) — a program that provides beneficiaries an "opportunity to earn their citizenship."
The President made it clear that White House staff is already working closely with Members of Congress on immigration legislation. There was a surprise following the republican defeat, when House Speaker John Boehner indicated that Republicans are willing to cooperate on immigration. "I'm confident that the president, myself, others can find the common ground to take care of this issue once and for all," Rep. Boehner said. (Washington Post, Nov. 9, 2012)
Now, Carlos Gutierrez, who spearheaded Mitt Romney’s outreach to Latinos during the campaign, had unkind words for the former nominee Sunday as he joined the growing number of republicans calling for immigration reform.
In a Los Angeles Times interview Rep. Mario Diaz-Balart (R-Fla.) said, "For too long, both parties have used immigration as a political wedge issue," "But the time has come to find a bipartisan solution."
President Obama states that he is "already seeing signs" that Republicans are changing their positions, and his staff is in discussions with members of Congress on this issue "very soon" after his January inauguration. White House officials will probably not agree to proposals that take constricted slices of the issue because they feel they will have only one chance to push through an immigration bill in the next Congress.
As Obama said: "We need to seize the moment,"
Two old colleagues, Sens. Charles E. Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) spoke after the election about writing a bill that would have a chance to pass next year. "Taking people at their word — like Lindsey and Chuck — if they really want to end illegality, then things are possible," said Sen. Jeff Sessions (R-Ala.). "We will fairly and compassionately wrestle with what to do with people who are here illegally."
Graham and Schumer are pushing to revive a proposal they submitted to congress in March 2010 that would enable illegal immigrants already in the U.S. with no criminal record to pay fines and eventually apply for legal status and also create a limited guest-worker program.
Sen. Robert Menendez felt the same sentiment as the President, when he stated that "[W]e aren't going to get a second chance to do this bill, and we want to do this the right way," said Sen. Robert Menendez (D-N.J.), who also talked to Graham last week about working on a comprehensive bill that includes a broad path to legal status.
U.S. Rep. Mario Diaz-Balart, R-Miami, is making an assertive drive to restart talks on a comprehensive immigration reform bill that has been stalled in Congress for years in
Diaz-Balart, chairman of a group of Hispanic lawmakers in D.C., said “For too long, both parties have used immigration as a political wedge issue, but the time has come to find a bipartisan solution to this critical issue,” Diaz-Balart said in a statement to the media. “I am committed to passing legislation to once and for all to fix our broken immigration system.”
U.S. Rep. Vern Buchanan, R-Longboat Key, seems ready to revisit the immigration reform issue too.
“For too long, Congress has turned a blind eye to our nation’s broken immigration system,”
If Ronald Reagan were alive today, he probably would have cringed when, during last night Presidential debate, Romney explained his concept of “self deportation” to solve America’s broken immigration system. He may have even broken down in tears when Romney staunchly denied any permanent relief to the innocent children, that could benefit from the Dream Act.
In fact Reagan would probably detest the way many conservative republicans have been handling the immigration reform debate and would be worried about the eventual demise of the Republican Party, caused by the stranglehold of anti-immigrant conservatives. Regan, similar to Obama, fundamentally saw America as a land open to immigrants that believe in the “American Dream.” In November 1979 when announcing his candidacy for the presidency Reagan proposed a treaty allowing for full freedom of movement for all workers throughout North America. Even as far back as 1952 when the US immigration policy was still controlled by the very restrictive Immigration Act of 1924, Reagan gave a speech embracing nearly unlimited immigration:
“I . . . have thought of America as a place in the divine scheme of things that was set aside as a promised land . . . [A]nd the price of admission was very simple . . . Any place in the world and any person from these places; ((any person with the courage, with the desire to tear up their roots, to strive for freedom, to attempt and dare to live in a strange and foreign place, to travel halfway across the world was welcome here)) . . . I believe that God in shedding his grace on this country has always in this divine scheme of things kept an eye on our land and guided it as a promised land for these people.
In his January 2011 Obama, in his State of the Union address in 2011, reminded the nation that success in the 21st century can only be accomplished though education, innovation, ,and rejuvenating America's infrastructure. Obama integrated immigration reform as a fundamental element in the "reinventing" of America. He announced that he was "prepared to work with Republicans and Democrats to protect our borders, enforce our laws and address the millions of undocumented workers who are now living in the shadows."
Reagan's and Obama’s dream of peaceful, hardworking immigrants is diametrically opposed to anti-immigration views advocated glibly by Mitt Romney, Martin Levin, Lou Dobbs, Bill O'Reilly, Pat Buchanan, Past Rep. Tom Tancredo of Colorado, and many others who claim the mantle of Ronald Reagan.
Reagan's work in immigration reform was unreserved. At a 1982 ceremony at Ellis Island he spoke emotively of immigrants who "possessed a determination that with hard work and freedom, they would live a better life and their children even more so." In 1986 he signed the immigration reform law that legalized almost 3 million illegal immigrants in exchange for sanctions against employers that knowingly hire illegal workers and for better border protection.
In fact under President Reagan's term, more immigrants became part of the United States legally than under any previous U.S. president since Teddy Roosevelt. Reagan saw illegal immigrants not as criminals but as human beings working honestly for a better life for them and their family. In a 1977 radio show he pointed out that apples were rotting on New England trees because no Americans were willing to pick them. "It makes one wonder about the illegal alien fuss. Are great numbers of our unemployed really victims of the illegal alien invasion or are those illegal tourists actually doing work our own people won't do?" Reagan said. "One thing is certain in this hungry world; no regulation or law should be allowed if it results in crops rotting in the fields for lack of harvesters."
Reagan’s consistently affirmative attitude towards immigrants and immigration was a fundamental aspect of his positive image of America. Republicans that disagree with Reagan's position on immigration would have to, in order to be consistent, discard much of Reagan’s approach to social and economic and social policy. Today's anti- immigration conservatives can continue their fight for immigration restrictions but they should not do so under the guise of Reagan republicanism.
Reagan understood the economics of immigration in the U.S. Congress in preparing to engage in the upcoming immigration reform debate should take in earnest a study from the Cato Institute that concludes that there would be an estimate of a trillion dollar benefit to our country if the most expansive immigration policies are pursued. Economists Peter Dixon and Maureen Rimmer (Peter Dixon is the Sir John Monash Distinguished Professor and Maureen Rimmer is a Senior Research Fellow at the Centre of Policy Studies at Monash University in Australia. The U.S. Departments of Commerce, Agriculture, Homeland Security, and the U.S. International Trade Commission have applied the USAGE model of the U.S. economy. In doing so, they discovered that increased enforcement and reduced low-skilled immigration have a significant negative influence on the income of U.S. households by reducing U.S. household welfare by about 0.5 percent, or $80 billion. In distinction, legalization of low-skilled immigrant workers would produce significant income gains for American households and workers. Under an optimal visa tax the positive impact for U.S. households of legalization would be 1.27 percent of GDP or $180 billion.
In Reagan’s farewell message to the nation he said “I've spoken of the shining city all my political life, but I don't know if I ever quite communicated what I saw when I said it. But in my mind it was a tall, proud city built on rocks stronger than oceans, wind-swept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here.”
Over the last several months Romney has repeatedly told his supporters that he would veto the Dream Act. The act would allow certain youths to earn a legal permanent residency, by attending college or serving in the military. When Obama recently introduced a program similar to the Dream Act, to allow some undocumented youths who arrived before age 16 and who are not older than 30 to apply for both work permits and a two-year protection from deportation, Romney attacked the program calling it a "stop gap" measure only.
Instead of the Dream Act or a Comprehensive Immigration Reform, which the President would like Congress to pass, Romney believes that the best way to resolve the dilema of having 12 million illegal immigration is to permit them to “self deport”. The concept was explained on motherjones.com as “the strategy behind the wave of anti-immigration bills introduced across the country in the last two years. The brainchild of anti-immigration groups like the Immigration Law Reform Institute, and its counsel, Kansas Secretary of State Kris Kobach (who recently endorsed Romney), self-deportation is the intended effect of laws and requirements (such as those passed in Arizona and Alabama) that would make it so difficult for undocumented immigrants to work, rent, or go to school that they will simply "choose" to leave. Anti-immigration advocates like this for several reasons: It has a free-market/free-will gloss to it. It purports to save money on deportation costs. And, most importantly, because it relies on states enforcing immigration via passing draconian laws rather than federal law enforcement/border efforts.”
Now as it happens, Romney is about to lose substantially all the latino votes.
Just before the opening of the Republican National Convention in Tampa presidential candidate A poll of Latino registered voters by Latino Decisions and impreMedia reveals that 65% would vote to re-elect President Barack Obama and 26% would prefer the Republican alternative offered by Romney
On Tuesday Mel Martinez, the former Florida Republican senator and chairman of the Republican Party, tried to minimize Romney's immigration strategy by telling thinkprogress.com that Romney will almost certainly reverse course and take a more “sensible view” on immigration. Martinez argued that Romney’s “self-deportation” policy was simply a product of the difficult Republican primary.
Martinez statement sounds hollow, as the Republican Party has attached it self to Mitt Romney's extremist immigration adviser Kris Kobach .
Kris Kobach, the Secretary of State of Kansas, authored the Arizona anti immigrant law, SB 1070. Kobach is an attorney for Immigration Reform Law Institute, the legal arm of the chameleon organization named Federation for American Immigration Reform, or FAIR. As Rachel Maddow revealed in a recent program, the founder of FAIR is a well-known racist. The seed money he used to start FAIR came from an infamous Eugenics (the same thing the Nazi’s did) outfit.
FAIR is just one piece of a vast and powerful anti-immigrant organization, created over the last 30 years, and orchestrated by John Tanton. His organization has been able to insinuate itself into many of the social and political debates of our time.
Tanton developed many different entities so that it appears that there are numerous advocates for what he sees and the ideal society. Another of his group, the Center for Immigration Studies, acts as so called "think tank" to the anti-immigrant movement. Some other entities he is invalid with is the Coalition for the Future American Worker , Progressives for Immigration Reform, NumbersUSA, Immigration Reform Law Institute, United to Secure America Coalition. These are just a few of his many groups that work in unison trying earnestly to modify America's thinking on immigration.
The Southern Poverty Law Center and Anti-Defamation League have connected these groups with racists, white supremacists, and political extremists.
The Tanton message is blatantly clear - no more immigrants in the U.S. and those that are here should leave.
One can only imagine the scope of the damage to the immigrant community if Romney becomes the president.
Every year thousands of people lose their business. The reason for this can be attributed to many factors. Some stem directly from management, bad business decisions or incompetent employees. Sometimes the problem can be caused by changes in the economic climate. Changes, which appear subtle at first, can slowly take a significant toll on a businesses bottom line When the end is near large businesses turn quickly to bankruptcy lawyers who assist them in filing a Chapter 11 bankruptcy petition, enabling a failing business to re organize and negotiate new arrangements with their creditors. But small businesses, unlike their bigger brother find it very difficult to take advantage of the bankruptcy laws. Why this is so is quire clear. Money. The legal fees in these cases generally start at $10,000 and the filing fee alone is $500. Not a surprise that small and even medium size business in trouble cannot afford the high tariff required to file a Chapter 11. Until 2005 a small-unincorporated business could avail them of Chapter 13 of the bankruptcy code. But this chapter was limited to people that owed less than $100,000 in unsecured debts (like personal loans) and $350,000 in secured loans (like a mortgage or car loan). These limitations were generally satisfactory for an individual but in many instances not enough protection for small and middle size businesses.
Luckily the overhaul of the Bankruptcy code provides equal and in many instances better protection for small and medium size businesses than Chapter 11 provides for their bigger counterparts. Under the revised bankruptcy law an individual or unincorporated business with regular income and unsecured debts of less than $360,475.00 and secured debts of less than $1,081,400.00 may be a debtor under chapter 13 of this title. Unlike a chapter 11 the filing fee for a Chapter 13 is $296 and the legal fees generally is approximately $3,500. Now it is possible for a small or medium size business to take advantage of the bankruptcy laws. And the advantages are numerous. All unsecured debts can be reduced, even as low as 5%. And secured debts such as mortgage arrears can be repaid over a 5 year period in easy monthly payments. Under certain circumstances a 2nd mortgage may be stripped and reduced to an unsecured debt. Even IRS taxes can be included. And best of all when the petition is filed the “Automatic Stay“ provision takes effect. Stopping all foreclosures, lawsuits, wage garnishment and creditor harassment.
Upon successful completion of a Chapter 13 plan you will receive an official "discharge" which extinguishes any obligation you have to pay the unsecured debts EVEN THOUGH YOU HAVE NOT REPAID THEM IN FULL. Chapter 13 has saved the business and, you could almost say, the lives of thousands of families throughout the United States.
August 14, 2012 - At 1 o'clock today, USCIS Director Alejandro Mayorkas held a telephonic conference announcing the much awaited immigration forms required for filing for the "dream Act" on August 15, 2012. He spent some time clarifying the process for Obama’s” dream act” (now called DACA - Deferred Action for Childhood Arrivals).
After application, if approved, the Dreamer will receive deferred action, which for a limited period of time grants work permission, and protection from deportation.
Basic requirements are that an applicant must have entered the U.S. before age 16 and are under the age of 31, on June 15, 2012, continuously resided in the U.S. for 5 years before June 15, 2012, does not have certain criminal convictions and are either in school now, or have a high school diploma or GED certificate.
The forms that will be required are:
Once the application is received, it will be reviewed and a notice will be sent the the Application Support Unit (ACS). If the application is insufficient, a request for more evidence will be sent to the applicant. Some applicants may require an interview at the immigration office. Each case will be determined on a case-by-case basis. Once approved, each applicant will receive an employment identification card.
Avoiding Scams and Prevent Fraud
You should seek legal help for childhood arrivals from official government sources such as USCIS or the Department of Homeland Security. If you are seeking legal advice, choose a licensed immigration attorney or lawyer or accredited representative.
For More Information go to:
August 14, 2012 - USCIS Director Alejandro Mayorkas held a telephonic conference today to announce that the forms required have been printed and are ready for filing on August 15, 2012. Additionally he clarified the process for becoming an applicant for deferred action under Obama’s” dream act” (now called DACA - Deferred Action for Childhood Arrivals).
If approved, the applicant will receive deferred action, which for a limited period of time grants work authorization, and protection from deportation. If you entered the U.S. before age 16 and are between 15 and 30 years old, and have continuously resided in the U.S. for 5 years before June 15, 2012, then you may qualify if you do not have certain criminal convictions and are either in school now, or have your high school diploma or GED certificate.
The forms that will be required are:
Once the application is received, it will be reviewed and a notice will be sent the the Application Support Unit (ACS). If the application is insufficient, a request for more evidence will be sent to the applicant. Some applicants may require an interview at the immigration office. Each case will be determined on a case-by-case basis. Once approved, each applicant will receive ann employment identification card.
Avoiding Scams and Preventing Fraud
Make sure you seek information about requests for consideration of deferred action for childhood arrivals from official government sources such as USCIS or the Department of Homeland Security. If you are seeking legal advice, choose a licensed attorney or accredited representative.
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