Individuals who are not U.S. citizens, do not have valid immigrant visas, and have pending applications for certain immigration benefits are required to apply for a travel document and be approved for Advance Parole prior to leaving the United States in order to avoid termination of their pending applications.

To determine if you should apply for Advance Parole, see Who May File Form I-131? section on Form I-131 (Application for Travel Document).

What is Form I-131 used for?

Form I-131, Application for Travel Document, is used to apply for three different types of travel documents:

• Advance Parole
• Refugee Travel Document
• Re-Entry Permit

For more information on how to apply for any of these travel documents, follow the link to the document Form I-131 (Application for Travel Document).

Advance Parole

Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.

An advance parole document does not replace your passport.

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending.  If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

Advance Parole for Asylees

An asylum applicant who has a pending Form I-589, Application for Asylum and for Withholding of Removal, and has not received a final decision may be allowed to travel outside the United States.

If you are an asylum applicant and you intend to travel outside the United States and return you must apply for and receive advance parole.  If you leave the United States without first obtaining advance parole, we will presume you abandoned your asylum application.

Advance parole does not guarantee that you will be allowed to reenter the United States, rather, an immigration inspector from U.S. Customs and Border Protection (CBP) must inspect you and determine whether you will be allowed to reenter the United States.

Refugee Travel Document

A refugee travel document is issued to a person who has been granted refugee or asylum status, or to a permanent resident who obtained a green card because they were a refugee or asylee.

If you hold refugee or asylee status and are not a permanent resident, you must have a refugee travel document to return to the United States.

Derivative asylees and refugees must also obtain a refugee travel document before leaving the United States.

If you do not obtain a refugee travel document in advance of departure, you may be unable to re-enter the United States, or you may be placed in removal proceedings before an immigration judge.

Re-entry Permit

A re-entry permit allows a permanent resident or conditional resident to apply for admission to the U.S. upon returning from abroad during the permit’s validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate. Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more.

If you are not a United States citizen and have to travel outside the U.S., read the article on Emergency Travel to find out what steps you have to take to file the correct forms to re-enter the U.S.

This information is brought to you by the New Jersey Immigration Attorneys at Garces & Grabler, P.C.

Rosa Blake, a/k/a “Mafalda,” a/k/a ‘Rosa Vareiro,” 55, pleaded guilty to six counts of wire fraud, 10 counts of impersonation of a government official, and seven counts of money laundering. Blake entered her guilty plea before U.S. District Judge William H. Walls in Newark federal court.

According to documents filed in this case and statements made in Newark federal court:

From at least May 2004 to April 2009, Blake targeted dozens of victims who required official government action to obtain permanent legal status in the United States. Blake falsely represented to her victims that she worked for federal immigration authorities and promised to provide or expedite approval of their immigration paperwork, including permanent residency documents, or “green cards,” and employment authorization documents.

Blake would often instruct her victims to meet her at her home, where she would take their identification papers and payment for her “services.” Occasionally, Blake would meet her victims wearing what appeared to be official government credentials around her neck. She would sometimes show them official-looking papers with what appeared to be letterhead and insignias of federal immigration authorities, which she would have them sign. Blake would never permit her victims to retain or make copies of the papers. She would then tell her victims that in a matter of several months, they would receive employment authorization documents in the mail, followed by green cards.

Blake did not take any of the promised actions on behalf of her victims, but kept their money for her personal use. She spent thousands of dollars from her scheme on luxury clothing, including multiple fur coats; designer clothing and shoes; and a BMW. She also gambled hundreds of thousands of dollars at Atlantic City casinos.

When victims realized they had not received any documents from Blake, they would often attempt to contact her to check on the status of their applications. Blake threatened them, saying, among other things, that she had the power to have the victims deported at any time, even in the middle of the night, and that she was a dangerous person. She also said that she knew her victims’ personal information, where they lived and who their relatives were; and that they would never see their children again once they were deported. She told victims that because they were illegal immigrants, they could not stop Blake from having them deported, nor report her to any other government authority.

Each count of wire fraud carries a maximum potential penalty of 20 years in prison, each count of impersonation carries a maximum potential penalty of three years in prison, and each count of money laundering carries a maximum potential penalty of 10 years in prison. Additionally, each of the 23 counts to which Blake pleaded guilty carries a maximum $250,000 fine. Sentencing is scheduled for October 4, 2011.

Source: www.justice.gov

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The table below describes the different classifications of temporary business visitors. For more information on eligibility and the application process, see the links under “Temporary Visitors for Business” to the left.

As an employer, you may require the services of a foreign national to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or nonimmigrant classification.  You may chose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee. The links to the left provide information on how to petition and the different eligibility categories.

Employees

No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You may seek an immigration classification that permits you to live and work in the United States permanently or temporarily. In most instances, your employer or potential employer must petition for you. In the links to your left, you will find more information about coming to the United States to work temporarily or permanently and the many different eligibility categories for working in the United States.

U.S. Federal Tax Information

Employers who employ foreign workers may be subject to special U.S. Tax withholding rules.

Aliens employed in the U.S. may have a U.S. tax obligation.  Please see the Internal Revenue Service (IRS) for more information.

• Taxation of Resident Aliens
• Taxation of Non Resident Aliens

Additional Information

• General employer information:  1-800-357-2099

If you wish to pursue full-time academic or vocational studies in the United States, you may be eligible for one of two nonimmigrant student categories.  The “F” category is for academic students and the “M” is for vocational students.

If you wish to participate in an exchange program you may be eligible for the “J” category for exchange visitors. The J visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs.

U.S. Federal Tax Information

Aliens temporarily present in the United States as students, trainees, scholars, teachers, researchers, exchange visitors and cultural exchange visitors are subject to special rules with respect to the taxation of their income.

Contact the New Jersey Immigration Attorneys at Garces & Grabler, P.C.

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Labor Certification

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). The DOL labor certification verifies the following:

• There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
• Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

U.S. Federal Tax Information

Aliens employed in the U.S. may have a U.S. Tax obligation.

• Taxation of Resident Aliens

Permanent Worker Visa Preference Categories

Contact the New Jersey Immigration Attorneys at Garces & Grabler, P.C.

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Spouses and Children Seeking Dependent Nonimmigrant Classification

Spouses and children who qualify for dependant nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.

Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status.  Please see the Form I-539 instructions for further information on filing procedures for this application.

Federal U.S. Tax Information

Aliens employed in the U.S. may have a U.S. Tax obligation. See the Internal Revenue Service (IRS) for more information.

¹ Only a few nonimmigrant classifications allow you to obtain permission work in this country without an employer having first filed a petition on your behalf.  Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications.

² The H-1C nonimmigrant classification expired on December 20, 2009.

³ E and L dependent spouses may apply for employment authorization.

⁴ Though the Immigration and Nationality Act (INA) does not provide a specific nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.

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Legal Status for Haitians in the United States

Temporary Protected Status (TPS) for Haitians is now available due to the January 12, 2010 earthquake. Secretary of the Department of Homeland Security Napolitano has stated “this is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18-months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.”

To qualify you must:

1. Be a Haitian National, or a person without nationality, who last habitually resided in Haiti;
2. Have continuously resided in the United States since January 12, 2010;
3. Have continuously been physically present in the Unites States since the date of the Federal Register Notice publication of January 21, 2010;
4. Properly complete and file the TPS registration;
5. Meet other immigration requirements; and
6. File before registration ends! If you fail to file by the deadline of January 18, 2011, you will be disqualified!

Note: There will be potential scams by non-attorneys looking to take advantage of Haitian nationals, so it is important to utilize experienced TPS immigration attorneys in order to ensure that your filing is performed in a timely and proper manner.

Benefits of TPS Filing:

1. You will receive valid immigration status;
2. You will obtain permission to work in the United States;
3. You may be able to stop deportation;
4. You may be able to still adjust your status or apply for any other immigration benefit or protection for which you may be eligible.

We at Garces & Grabler, P.C. have employees and friends that have been affected by the earthquake in Haiti. Our hearts go out to the people of Haiti.

If you, a friend or a loved one may benefit from the TPS, please contact us via email, at 1-800-923-3456, or any of our seven local offices, to file for TPS and work authorization.

In general, you might be denied entry:

• If you have a communicable disease
• If you have a criminal record for crimes of moral turpitude
• For possession of or trafficking in a controlled substance
• If you have any involvement with terrorism or terrorist organizations (no waivers can be approved for this category)
• If you have trafficked in persons
• If you have been involved in money laundering
• If you might become a public charge because of limited financial resources
• If you have been previously removed (deported) or have overstayed a previous period of admission to the United States

Again, this list is not comprehensive.

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Immigration information

Final Day to Register: January 18, 2011
TPS Expiration Date:  July 22, 2011
TPS Designation Date:  January 21, 2010

USCIS is re-issuing extended EADs with the expiration date of July 22, 2011 to the impacted cardholders. You will receive the new card before the expiration of your current one. You do not need to file a new Application for Employment Authorization (Form I-765) or take any other action.  Until you receive the corrected document, please continue to use your current EAD as proof of your work authorization.

When you receive your extended EAD with the expiration date of July 22, 2011, please discontinue use of and destroy the EAD with the expiration date of July 22, 2010.

For guidance and information on USCIS’s response to the earthquake in Haiti, please visit www.uscis.gov/haitianearthquake. For additional information, applicants may also contact USCIS at 1-800-375-5283 or visit www.uscis.gov.

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