Holman Immigration Law

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Phone: (802) 860-3333

Address: 1 Lawson Ln Ste 330, Burlington, VT 05401

Website: http://www.holmanimmigration.com

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Holman Immigration Law

Adoption

Criminal Defense
With the holidays rapidly approaching, now is a good time for foreign nationals who will be departing the United States for travel abroad to review their travel documents to ensure that their re-entry into the U.S. is as seamless as possible. Depending on an individual s current status and whether he or she is in process for another status, different documentation may be required upon return to the United States. For example, certain foreign nationals who are currently in status but whose visa has expired will be required to apply for a new visa at a U.S. consulate in their home country. (Wait times for visa appointments at U.S. consulates vary and tend to swell during the holiday season, as do processing times.) For other foreign nationals, an advance parole travel document may be required to preserve a pending green card application. And, yet for others, changed circumstances (such as change in work, change in relationship, arrests and criminal matters) may have immigration consequences. Even travelers on the Visa Waiver Program should ensure that their ESTA authorization is still valid; if re-authorization is required and the individual is denied and a visa becomes required for re-entry, sufficient time will be necessary for that individual to make an application.
Burglary
Under the eligibility requirements, if an individual has been convicted of a significant misdemeanor, he or she is ineligible. Disqualifying significant misdemeanors include driving under the influence, burglary, unlawful possession or use of a firearm, domestic violence, sexual abuse or exploitation, drug distribution or trafficking, or where the individual was sentenced to time in custody of more than 90 days. A felony is a criminal offense punishable by imprisonment for a term exceeding one year.
Theft
Misdemeanors
Must not be convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, or otherwise pose a threat to national security or public safety;
Drug Crimes
The U.S. Supreme Court in late April issued a decision holding that a conviction for possession of marijuana with intent to distribute, where the record of conviction fails to prove remuneration or more than a small amount of marijuana involved, is not illicit trafficking of a controlled substance, and is therefore not an aggravated felony. Conviction for an aggravated felony, even for a long-time permanent resident (LPR) or an individual seeking asylum, has significant consequences. Immigration advocates have long argued that an ambiguous criminal statute must be construed in favor of the noncitizen. The high Court s decision is much welcomed. ( Moncrieffe v. Holder )
Murder
1830-1930, American labor agitator, called Mother Jones, b. Ireland. Interested in the labor movement for many years, she became active in it after the death of her husband and four children (1867) from yellow fever. She won fame as an effective speaker and by 1880 was a prominent figure in the movement. One of the founders of the Social Democratic party (1898) and the Industrial Workers of the World (1905), she was active in organizing miners, garment workers, and streetcar workers. In 1913, her organizing activities were blamed for violence in West Virginia coal fields and she was convicted of conspiracy to commit murder. The sentence was commuted, and in 1914 her graphic description of the massacre of 20 people by machine-gun fire during a Ludlow, Colo., miner's strike convinced President Wilson to try to mediate the dispute. A long-time champion of laws to end child labor, she continued as a union organizer and agitator into her nineties. She wrote an autobiography in 1925, which contains some factual inaccuracies.
Identity Theft
Creating an effective, and probable, mandatory employment-verification system that prevents identity theft, ends the hiring of future unauthorized workers, and includes stiff penalties for egregious offenses;
Kidnapping
A terrorist organization is an organization based in a foreign country that threatens U.S. security and threatens, conspires, or engages in terrorist activity.[v] “Terrorist activity” is any activity that is unlawful under the laws of the U.S. or of any state, and that involves any of the following: hijacking and sabotage of any conveyance; kidnapping, seizing, detaining, and threatening to kill or injure another if done to force government action; a violent attack upon an internationally protected person; assassination; use of biological, chemical, or nuclear devices, or an explosive or firearm with the intent to endanger people or property; and a threat, attempt, or conspiracy to do any of the above.[vi]

Immigration Law

Citizenship and Naturalization
Family Immigration
Firm Overview The practice of Holman Immigration Law is limited to Immigration and Nationality law. As immigration law is based on federal statutes and regulations, Holman Immigration Law represents clients throughout the U.S. and at U.S. consulates abroad. We offer a full range of corporate immigration legal services and we also represent immigrants on family-based immigration matters. The firm is committed to excellent legal work and attentive client care. We strive to keep our clients fully informed on the constant changes in immigration law including new and amended statutes, new regulations, new agency guidance, and changes in adjudications.
Employment Immigration
If enacted, certain provisions will become effective shortly after the bill becomes law and others, such as legalization mentioned above, will require a series of enforcement measures to go into effect. Changes in family- and employment-based immigration categories, for example, would go into effect gradually, giving DHS the opportunity to reduce extensive backlogs that have built up over the years.
Green Cards
Business Immigration
Adjudications, Entrepreneurs, Small Business: More informally, the Administration has engaged the public and immigration stakeholders on a variety of issues and has done so more directly that ever before. Recently, the USCIS Ombudsman s Office held an Annual Conference attended by 300 to discuss improving the delivery of immigration benefits and services. USCIS also has hosted a number of teleconferences with the public. A teleconference was held on USCIS s then-changed policy on where and to whom I-797 approval notices are sent. (Feedback from the call contributed to USCIS changing its policy.) Another teleconference was held on small and start-up business immigration issues and involved not only immigration officials but those from the Small Business Administration and other federal agencies. On a related note, USCIS just launched an Entrepreneurs in Residence initiative and hopes to bring business experts in-house to work alongside USCIS staff to ensure that its policies are reflective of industry realities. This could be a valuable opportunity for business experts and immigrant entrepreneurs, especially those who have engaged in the U.S. immigration system through immigrant visa applications, to join USCIS s tactical team and affect how the agency adjudicates cases. Business members, however, must be U.S. citizens. To apply for the Entrepreneurs in Residence program, see http://www.dhs.gov/xabout/careers/loaned-executive-business-expert-uscis.shtm
Student Visas
Once it became known that several of the hijackers had entered the United States under student visas, the immigration laws pertaining to foreign students came under attack. In direct response, the Act includes provisions to increase monitoring of foreign students in this country. In actuality, the provisions contained in the Act were already contained in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which mandated the creation of a database to store information about international students.[xxvi] To help fund and maintain the database, a $95 fee was to have been collected from student-visa holders. The 1996 Act met with much resistance due to disagreement as to who would actually be responsible for the fee and data collection. As a result it has been implemented only on a limited basis by a few designated schools. The USA PATRIOT Act requires the full implementation of the student visa monitoring program and it expands the program to include all educational institutions that are approved to receive foreign students.[xxvii]
Work Visas
Foreign Students Educated in STEM Fields: Continuing the emphasis on economic competitiveness, hearings also have been held to examine options for reforms that do a better job of retaining foreign students who graduate in the fields of science, technology, engineering and math (STEM). Currently, foreign students must leave the United States upon graduation unless they are eligible for one of the few and limited ways to stay in the country. Many politicians are upset that we provide stellar education but don t reap the benefits. On the presidential trail, hopefuls have also stepped up the rhetoric: Newt Gingrich said during the CNN debate in November that foreign students graduating with STEM degrees should automatically receive work visas.
Investor Visas
EB-5 Investor Program: The EB-5 Entrepreneur Investor Visa Program is up for review. Created in early 1990s and lauded as a job creator and a vehicle to drive the economy, the program has been perennially underutilized, issuing fewer than 2,500 visas in 2010 out of a possible 10,000. A Senate reauthorization hearing on December 7 was to review the Regional Center program, a component of the EB-5 program that permits a $500,000 investment in targeted employment areas in approved pooled investment programs instead of a $1 million, and is set to sunset in 2012. Most observers agree that the program will be reauthorized, perhaps permanently.

Tax Law

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