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Why Hire An Immigration Attorney?

January 18, 2012 Leave a comment

An “attorney” is any person who is eligible to practice law in and is a member standing of the bar of the highest court of any State, possession, territory, or Commonwealth of the United States, or of the District of Columbia, and is not suspended, enjoined, restrained, or otherwise  restricted to practice law. Other than being licensed to practice law, below are some reasons why one should hire an immigration attorney over an consultant, agent, or notario.

1. Attorneys are licensed to practice law, legal malpractice by an attorney may lead to him/her losing their license temporarily or permanently.

2. Attorneys have the fiduciary duty to protect and look after the best interest of his or her client.

3. Attorneys are required to keep themselves up-to-date with changes in the law.

4. WRONG HELP CAN HURT

5. Attorney can represent you in court.

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Neil Diamond’s America

June 9, 2011 Leave a comment

Neil Diamond’s America

Far
We’ve been travelling far
Without a home
But not without a star

Free
Only want to be free
We huddle close
Hang on to a dream

On the boats and on the planes
They’re coming to America
Never looking back again
They’re coming to America

Home, don’t it seem so far away
Oh, we’re traveling light today
In the eye of the storm
In the eye of the storm

Home, to a new and a shiny place
Make our bed, and we’ll say our grace
Freedom’s light burning warm
Freedom’s light burning warm

Everywhere around the world
They’re coming to America
Every time that flag’s unfurled
They’re coming to America

Got a dream to take them there
They’re coming to America
Got a dream they’ve come to share
They’re coming to America

They’re coming to America
They’re coming to America
They’re coming to America
They’re coming to America
Today, today, today, today, today

Civil Penalties for Hiring Illegal Immigrant

May 12, 2011 1 comment

Due to President Obama’s recent speech, there are a lot of attention on immigration issues. One of the main issue of interest is the policy on hiring immigrants. The other posts on this blog have some information on how to apply, who can apply, and how long it takes to apply for different work visa. This post will be dedicated to discussing the penalties of hiring ILLEGAL immigrants.

Illegal immigrants are loosely defined as immigrants who does not have the authorization to work in the US. This can be individuals who illegally entered the US or individuals entered the US with a visa that does not allow them to work. The punishment for knowingly hiring an illegal immigrant is set out by Sec. 274A(e)(4)(A) of the Immigration and Nationality Act (INA):

(i) not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,

(ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or

(iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and
There may also be more charges based on Sec. 274A(e)(5):
With respect to a violation of subsection (a)(1)(B), the order under this subsection shall require the person or entity to pay a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred. In determining the amount of the penalty, due consideration shall be given to the size of the business of the employer being charged, the good faith of the employer, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations.
In addition, any company or individual who is found to have violated the law by knowingly hiring an illegal immigrant will face higher level of scrutiny when sponsoring future employee for visa or green card. All together, for first time violators, the fee and penalty is not overly severe (especially compared to the amount in fees to legally hire an alien); however, if after one does not change one’s practice after found to have violated the law, the penalties increase drastically and the Attorney General may proceed with a criminal complaint if Attorney General found that there is a pattern of violation.
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