Monthly Archive for January, 2011

Attitude, Viewpoint, and Links to Information – Online Thoughts

Published in Uncategorized, January 23, 2011

Colorful, picturesque, artistic, contemplative, hard to understand – these words describe some of the places in cyberspace I’ve visited this week, researching topics for my blog http://www.ranchodlaw.com/blog/.

One link leads to another, it’s a little like snacking, nothing serious, one byte after another, little by little attention wanders, curiosity clicks through, and time passes as so-called “research.” Today was one of those online adventures worth retelling, only because it so amplifies the statement: “it all depends upon your attitude” (or point of view).

It all started with “research” about jobs and the economy. New York Times has plenty of food for thought. I was pleased to hear about the guy who had converted his hobbies into paid-for job(s) – entitled “Hobbies Add Up to a Career”. http://www.nytimes.com/2011/01/09/jobs/09pre.html?_r=1&ref=business

This scenario would have been interesting to try fifteen years ago before launching into law school. Now my education affords me the ability to give advice about immigration law, on how to come and stay in the U.S. lawfully via work or family. We (readers and me) will someday all become retirees and practice our hobbies. Does that seem like circular thinking to you too, or is it just my viewpoint?

No matter — I did like the career-hobbyist’s advice: “. . . here’s some very important advice: You have to develop a tolerance for the setbacks that come with learning. Mistakes are just a message to try again but in a different way, and failures are a one-room schoolhouse for the adventurous. I tell my shocked gardening students that I’ve killed more plants than all of them put together. But knowing what to do sometimes comes from learning what not to do.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you have any questions regarding immigration law.

IMMIGRATION PLANNING FOR J-1 AND F-1 VISA STUDENTS

Published in F1 Visas, January 17, 2011

Compiling, Evaluation and Choosing Visa Options: Factors to Consider in Deciding Between F-1 vs. J-1 Visa Categories

Most full-time international students come to the U.S. on an F-1 student visa (Form I-20), although some have the option to obtain J-1 visa status [DS-2019]. And if both choices are options, then how do you decide? It all depends on your goals – where you want to find yourself 5 to 10 years down the road. Just like you have a destination in mind when you
purchase an airline ticket, when you decide on a student visa category, you’ve thought ahead for more than just the school program.

People get overwhelmed by information, especially when it comes to life plans because unexpected change is inevitable. But the basic act of making a decision is not that difficult if you already know the outcome you desire. Success, after all is said and done, is simply achieving your personal objective(s) and the means of “getting there” are tools that may
change or become outdated. That’s why I tell international students seeking my advice about whether to come into the U.S. on an F-1 or a J-1 visa, the that answer (after eligibility) depends upon their long term plans.

Researching Eligibility: Many college websites, especially those who have a large international student body, have organized resources online for weighing the specifics and the pros/cons to help students in the global internet community. When you are evaluating choices between two options, it helps to see things in columns with basic terminology and follow-up links for going deeper into the question.

I do recommend, however, that your research be primarily targeting information from .gov [example, http://travel.state.gov/visa/visa_1750.html ] websites. Additionally there are informative .edu websites: [examples, www.ksu.edu/isss http://www.hws.edu/studentlife/guide/intl_status.aspx ]. However, for .edu websites you should ensure they are up to date and accurate as immigration law frequently changes; thus you should also consult an immigration attorney.

Long term plans: Here’s seven basic factors to put beside your life plans in choosing between the F-1 and J-1 visa:

1) Eligibility requirements regarding sources of funding;
2) Off-Campus Employment options for student
3) Employment/education opportunities for dependents
4) Home residency requirement (2 year return to home country): visit j1visawaiver.net for more information regarding obtaining a j1 waiver
5) Grace period after completion program/expiration of visa
6) Program changes allowed (e.g., change major)
7) Insurance requirement(s) (state/federal)

Clearly the factor that certainly affects goals/plans the most would be #4, the home residency requirement. The J-1 visa holder subject to this rule must return to country of origin for two years after completing their J-1 program, unless they have been approved for a j1 waiver. Getting a waiver 5 to 7 years down the road may not be a sure thing.

Having Plan A and Plan B worked out in advance, will prevent unnecessary upset when expectations are waylaid/delayed due to a necessary change in plans. Plan ahead, know your goals, and have at least one Plan B in your toolkit. Don’t give up – that’s the only step you absolutely have to take again and again.

IMMIGRATION LAW TEAM BUILDING

Published in Uncategorized, January 15, 2011

Advice from Your Immigration Attorney

Getting Advice from an Online Forum

Question and Answer in Forum: Even when it’s an immigration attorney who replies to your question online (and sometimes, it’s a non-attorney with unanswered questions like you), it is not the same as having representation. It is not a guarantee that the information/answer even applies to your case.

Even with an attorney’s written reply, notice how it must also contain a “Disclaimer” which waters down the answer by stating:

1) The information posted here is of a general nature; and
2) may not apply to any particular set of facts, or
3) may not apply under all circumstances.
4) It should not be considered to be legal advice and
5) Is not constitute an engagement of any particular law firm or
6) establish an attorney-client relationship.
7) In other words, it is stuff to consider before you make up your own mind what to do next.

Advantages of an Expert Opinion When an immigration attorney replies to your question off-line, face-to- face/by phone, you actually are getting an expert opinion, that is, advice from a bona fide legal counselor who is qualified to become your legal representative. And you are interacting with someone who can understand, organize and compile your case to present to a decision-maker to rule on your petition.

Professional Representation from an Immigration Attorney gives value in three ways: your attorney functions as: (1) consultant (expert); (2), counselor (advisor), and (3) coordinator (writes and assembles essential documents) for communicating with Immigration authorities to win favorable result to your case.

Attorney as expert: Not merely law school and previous experience with cases similar to clients; these actions and resulting expertise are all in the past. The practice of Immigration law requires present time action: this means the ongoing monitoring of the changes in law and procedures. These changes are the necessary responses to create efficiencies in both number and types of cases.

For Instance: Your attorney, as member of American Immigration Lawyers Association

(AILA) receives bulletins advising about most up-to-date changes in law/procedures, as well as the efficiencies/improvements to managing immigration processes

For Example: Members of AILA received a December 2010 “Practice Advisory” explaining the “best practices” for avoiding delays in processing and communications between agencies involved in handling requests for waiver of the INA §212(e) home residency requirement prior to adjudicating a J-1 exchange visitor’s change of status. This put immigration attorneys on alert for possible issuance of RFE (Request for Evidence) arising out of a new procedure. Immigration attorneys were also advised how best to submit paperwork to “ensure that CSC can coordinate with VSC as part of the overall petition adjudication.” Obviously, these “tips” are meant to keep immigration attorney members up-to-speed with the most recent changes/improvements to practice and are conveyed in a language that a forum visitor would not readily understand.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you have any questions regarding immigration law.

CROSS-CULTURE COMMUNICATION – BOOK RECOMMENDATION

Published in Green Card and L1 Visas, January 12, 2011

Understanding and Dealing with Local People Effectively – Using cross-culture communication skills for the exchange visitor (J-1), fiancé visa (K-1), permanent resident (green card) or business executive (L1, or E2 investor).

You’ve come temporarily to study or work in the United States or permanently reside with your spouse. You’ve completed the legal process of obtaining a visa (F-1/J-1 for students, L1 for Executive, E-2 for Owner/investor, or green card) and your visions of accomplishment of your venture look within your reach. But there is still one obstacle to your success and that is to acquire the skill of cross-culture communication.

No one goes to school or works without interactions with other students and employees, teachers and service providers, suppliers of books, equipment, landlords, mechanics, bus drivers, instructors, care-givers, sales people, and fellow sojourners from other countries abroad. In these interactions between “there’s bound to arise one or more of these obstacles to successful communication: 1) confusion,2) misunderstanding, 3) misinterpretation.

It’s natural, even if you are native to the locality, to slip up with your communication signals. What is a “culture” anyway? It’s the uniqueness of a group of people (usually from same location) — it’s their differences, how they are different, distinct from one another in their “deeply held beliefs and instincts about what is natural, normal, right and good.”(see Stroti ref.) Sounds like what would be called “common sense” in any language. And, that’s true: what we’re dealing with here is two different interpretations of what is common sense.

“To succeed in an overseas assignment, expats have to interact effectively with the local people.” Craig Storti goes on to say in The Art of Crossing Cultures, “Cross –cultural encounters don’t always go wrong, of course, any more than same-culture interactions
always go splendidly, but, all things being equal, they are certainly more likely to end badly.” Mr. Stroti goes on to explain why this happens and offers guidelines on how to prevent cultural mishaps.

My future writing plan is to deal more thoroughly with the subject of cross-cultural skill building. But for an overall summary of theory and practice, I recommend Mr. Storti’s book, with its many humorous quotes, as a balance of entertainment with enlightenment.

[Craig Storti, The Art of Crossing Cultures, 2nd Ed., Intercultural Press, Maine; Nicholas Brealey Publishing, London, 2001]