What constitutes “firmly resettled” and how to overcome such findings is covered by 8 CFR §208.15.

The person who has applied for protection in the United States will be found to have “firmly settled” if they have:

1. been granted permanent residency or citizenship by a third or adopted country,

2. made travel plans in and out of the third country, or

3. achieved a certain level of economic independence through their professional, educational or business activities in the third country.

The only way a finding of “firm resettlement” can be overcome is if, in accordance with the regulation, the person seeking protection is able to establish that either (a) they remained in the third country only for as was necessary to arrange onward travel AND didn’t establish significant ties in that country, or (b) their conditions of resettlement were restricted by the actions of the country of refuge, thus making firm resettlement impossible.

The stakes are high during such horrific conflicts. People are simply looking for survival and often don’t have a long term strategy in mind. However, it is important to have your end goal in mind when pursuing refugee or asylum status in the United States. Many who are contact with relatives and friends “back home” to “come here”. That’s not enough. Please be aware of the limitations and possible bars to asylum and refugee status, while still putting survival above all else.

And, as usual, please consult an immigration lawyer to discuss the specifics of your particular case.

Posted By: Zoe Kevork, Principal Attorney.

USCIS continues to accept petitions exempted from the cap and DOD cooperative research worker H-1B petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2013.”

For the full USCIS press release please follow this link: http://1.usa.gov/9pGpvp.

Posted By: Zoe Kevork, Principal Attorney.

But here’s a new one, even for me: a client got their entry stamp on their BOARDING PASS. You know, that piece of paper you throw out as soon as you get home from a trip? That one.

Luckily this client is a bit of a hoarder so we still have the entry stamp to include in the package to establish his legal presence in the United States. But this isn’t always the case. If you are in the midst of considering a change in immigration status, and are traveling, please please please make sure that you have the entry stamp … and that it’s actually in your passport.

If not, you may need to make a trip to your local Customs and Boarder Protection office, with proof of your last entry to get that stamp or I-94 form if it should be requested by USCIS.

And, as always, contact an immigration professional!

By: Zoe Kevork. Principal Attorney.

It is not sufficient for legal counsel to only obtain and secure the appropriate papers for their clients. It is also important that lawyers guide their clients through the steps necessary to ensure that the visa is implemented in a proper way. Should the client be on a W2 or a 1099? In the case of treaty traders, who is the actual employer and how should the trading relationship be established? If there is off-sight employment, should the client be treated as an independent contractor or an employee? For L and E visas, how should the relationship with the foreign corporation be set up and what are the relevant corporate/tax issues in making that decision?

LAWYERS: These are issues that any immigration counsel must address with their clients – before, during and even after getting visa approval. Your lawyer-client relationships are rarely a “one shot deal” as, more often than not, the clients will be back in several years time for an extension or change of status. If you don’t have the expertise to address such matters, be prepared to collaborate with an employment and/or tax professional in creating the right employment/tax situation for the benefit of your clients.

CLIENTS: Be sure to ask questions about setting your employment contracts, payroll, and/or corporate setup correctly. Together with your immigration lawyer, you should contact a tax professional upon moving to the US. An effective immigration lawyer should provide that advice to you or refer you to the appropriate professionals. If you don’t take these necessary steps you run the risk of being found to be in illegal status by USCIS, and thereafter be subject to a 3 or 10 year ban from the United States.

Remember, everything is related! Ask all the right questions now and you’ll have smooth sailing in the long run.

By: Zoe Kevork. Principal Attorney.

Undocumented immigrant students in California will be able to receive state-funded financial aid in 2013 to attend college, under a new law signed on Saturday by Governor Jerry Brown. The law allows top students who are on a path to citizenship to apply and receive the state aid, the governor said. About 2,500 students are projected to receive Cal Grants totaling $14.5 million, according the California Department of Finance. That averages out to $5,800 per student. The funding amounts to 1% of the overall $1.4 billion Cal Grant program, official said. The new law – AB 131 – is one of two pieces of legislation known as the California Dream Act and will become effective January 1, 2013.

“Going to college is a dream that promises intellectual excitement and creative thinking,” Brown said in a statement from Sacramento. “The Dream Act benefits us all by giving top students a chance to improve their lives and the lives of all of us.” Currently, illegal immigrants students in California must pay resident tuition rates if they graduate from a high school and are actively seeking to legalize their immigration status.

excerpt from LBN E-lerts (http://www.lbnelert.com)

The mistake was I signed away my likeness for free. In those days, there was no such thing as a “likeness,” which is a funny thing to say coming from the family that I came from. There was no merchandising tied to movies. No one could have known the extent of the franchise.

“Other than Disney it’s hard to think of one person who exploited the merchandising element of the Hollywood blockbuster better and more profitably than Lucas did with Star Wars.” (Glynnis MacNicol, www.businessinsider.com, September 19, 2011) And, none of the actors in the original Star Wars franchise have benefited from the Lucas marketing juggernaut. That’s not likely to happen in today’s Hollywood.

States across the country (and California in particular) have passed legislation which allows celebrities, and the Average Joe/Jane who uploads photos to Flickr, to protect their likeness from misappropriation or a violation of the right to publicity.

However, consent is a complete defense to any such legal claim. And Ms. Fisher apparently consented to any use of her Princess Leia persona all those years ago. As a result, all she can do is write articles complaining about it, rather than rectify the apparent injustice.

http://www.thedailybeast.com/newsweek/2011/09/11/carrie-fisher-on-how-george-lucas-stole-her-identity.html

THE DONALD LOSES LIBEL LAWSUIT

Trump filed suit for $5 billion against Timothy O’Brien, author of the book Trumpnation: The Art of Being The Donald. In the book, O’Brien describes Trumps net worth being between $150 – $250 million. In reality, Trump isn’t a millionaire. He’s a billionaire.

Last week the New Jersey appeal court affirmed a lower courts decision that there was no actual malice on the part of the author in his claims, especially as Mr. O’Brien sited three sources in his book.

In establishing libel against a “public figure” the USSC has clearly stated that any libel must be malicious in order to constitute grounds for damages. This is a higher standard than most libel cases, where malice isn’t a requirement, but if established would potentially result in the grant of general damages. The theory behind this distinction is that there is a constitutional imperative to uphold the press’ right to express opinions or fair comment where public figures are involved.

According to the court’s decision:

“There were no significant inconsistencies in the information provided by the confidential sources, nor was there reliable information that contradicted their reports, so as to provide evidence of actual malice. Nothing suggests that O’Brien was subjectively aware of the falsity of his source’s figures or that he had actual doubts as to the information’s accuracy.” (emphasis added)

So, for now, the information is out there and in some circles The Donald will be thought of as merely a millionaire.

Zoe Kevork, Principal Attorney.

Quoting from the official news release:

“ICE is focused on smart, effective immigration enforcement that prioritizes efforts first on removing those serious criminal aliens who present the greatest risk to the security of our communities, such as those charged with or convicted of homicide, rape, robbery, kidnapping, major drug offenses and threats to national security. ICE also prioritizes the arrest and removal of those who game the immigration system including immigration fugitives or those criminal aliens who have been previously deported and illegally re-entered the country.

“To date, ICE has removed a record number of more than 109,700 criminal aliens from the United States in fiscal year 2011, including more than 585 criminal aliens convicted of homicide and more than 3,177 criminal aliens convicted sex offenders. [Emphasis Added]“

To read the full news release click here.

Zoe Kevork. Principal Attorney.

1 family forced to flee is too many.
1 refugee without hope is too many.
1 refugee returned to danger is too many.
1 refugee longing for home is too many.

1 child without a nationality is too many.
1 family without shelter is too many.
1 refugee denied a safe haven is too many.
1 child growing up in a camp is too many.

1 family torn apart by war is too many.
1 girl raped at gunpoint is too many.
1 refugee child behind bars is too many.
1 refugee without schooling is too many.

For more information about this campaign and how to do your part click here.

Zoe Kevork. Principal Attorney.

Quoting from the LA Times article “Alabama enacts anti-illegal-immigration law described as nation’s strictest” (To read the full article click here)

“Alabama set a new national standard for get-tough immigration policy Thursday with Gov. Robert J. Bentley’s signing of a law that surpasses Arizona’s SB 1070, with provisions affecting law enforcement, transportation, apartment rentals, employment and education.”

“The 72-page legislation known as HB 56 also touches on issues as diverse as contract law and voter registration. It makes Alabama the fourth state, after Georgia, Utah and Indiana, to follow Arizona’s lead in enacting significant statewide immigration laws [emphasis added], potentially mollifying those voters frustrated with Washington’s perceived failure to deal with the estimated 11 million illegal immigrants living in the U.S.

“Other states, including California, Florida, Nevada and Texas, have seen SB 1070-style bills fail during this year’s legislative sessions, and portions of the Arizona law — including the provision requiring police to check the immigration status of those they stop and suspect are in the country illegally — have been blocked by a federal judge and may land before the Supreme Court.”