Just a reminder that our offices will be closed tomorrow, July 4th, 2024 in honor of Independence Day.
The American Dream
This is a great time to remember what an important role immigrants have played throughout United States (U.S.) history. The U.S. has long been known as a place of opportunity where people from all over the world come to seek out the American Dream; therefore, immigrants have had a crucial role in developing the U.S., contributing to its diversity, economic growth, and cultural richness. For so many immigrants, Independence Day holds a special significance because it symbolizes not only the promise of opportunity, but their journey through resilience in their pursuit of life in America.
Supporting Immigrants on Their Journey
At AVA Global, we are committed to supporting immigrants as they navigate the complex legal landscape of the United States. Whether you are seeking citizenship, looking to reunite with loved ones or accepting a new job, we understand the challenges you face and are here to help you every step of the way. Our mission is to ensure that your rights are protected and that you have the opportunity to achieve your American dream. If need U.S. Immigration or Citizenship services, contact us today to schedule a consultation.
The Meaning of Freedom
As fireworks light up the sky this Fourth of July, let’s take a moment to reflect on the true meaning of freedom and independence. Let’s remember that these ideals are not just historical concepts but living principles that we must continually strive to uphold. This includes advocating for justice, equality, and opportunities for all, regardless of where they come from.
Together, we can continue to build a nation that truly lives up to its founding ideals, where liberty and justice are accessible to all.
From all of us at AVA Global, we wish you a happy and safe Fourth of July!
Please note that this information is provided for general information purposes only and is not legal advice. Engaging with this post does not create an attorney/client relationship.
As we approach the summer solstice, it’s a time of celebration, growth and abundance, light, and healing. The natural world, and its rhythms, reminds us to connect, hope and dream.
Travel inspires our creative side. It opens us up to new beginnings. Summer represents the peak time for global exploration with many travelers seeking the open spaces, vibrant cities and opportunity to visit with loved ones in the US.
Close to 80 million visitors arrived in the US, returning to pre-pandemic levels. Amongst short-stay visitors, the majority (70% of visitors) came to the US for leisure travel while business travelers represented 30%. The most popular spots included New York, Miami, Los Angeles, Orlando, San Francisco, and Las Vegas.
All non-US citizens and permanent residents need a travel visa, typically called “nonimmigrant visas.” These temporary visas allow travel to and visitation in the US for specific purposes for temporary stays with a clear departure date. In this feature, we highlight two primary options for travelers to the US for leisure or business.
Visa Waiver Program
For visitors seeking shorter stays (up to 90 days max), many citizens of participating countries will qualify for the Visa Waiver Program (VWP) which allows for short visits without a visa.
Administered by the Department of Homeland Security (DHS) in consultation with the State Department, the VWP permits citizens of 41 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.
Tourism Activities:
Vacation (holiday)
Visiting friends or relatives
Medical treatments
Social events
Participate in special events (eg. musical, sporting), excluding paid participation
Enroll in a short recreational course of study, not for credit toward a degree (eg. cooking class while on vacation)
Business Activities:
Consult with business associates
Negotiate a contract
Settle an estate
Attend a conference (eg. science, education, professional)
Eligibility Requirements:
To qualify, one must meet all the criteria listed:
Traveling to the US for business or tourism purposes
Possess an e-passport
Electronic System for Travel Authorization Program
Before traveling to the US, Visa Waiver Program participants must enroll in the Electronic System for Travel Authorization Program (ESTA). Apply online through a secure website run by the Department of Homeland Security and CBP.
There is a fee to apply for the ESTA online, which can be paid with a credit card or PayPal. If your ESTA is not approved, only a processing fee will be charged. It’s recommended that you apply for the ESTA as soon as you have plans to come to the US.
Visitor Visas
Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (B-1 visa), for tourism (B-2 visa), or for a combination of both purposes (B-1/B-2 visa).
Visitor visas allow visitors the ability and flexibility with up to a 6 month stay with the possibility of an extension within the US for qualifying cases. The B-1/B-2 visa is a multiple-entry visa providing visa holders the option to enter the US more than once, depending on specific use cases and at the discretion of the CBP who review the visitor’s case each time they enter.
B-1 Visa:
Consult with business associates
Attend a scientific, educational, professional, or business convention or conference
Settle an estate
Negotiate a contract
B-2 Visa:
Vacation (holiday)
Visiting friends or relatives
Medical treatments
Social events
Participate in special events (eg. musical, sporting), excluding paid participation
Enroll in a short recreational course of study, not for credit toward a degree (eg. cooking class while on vacation)
Individuals can apply online, there is a fee associated based on your home country and wait times for processing vary by country. Please note, the B-1 and B-2 visas are intended for temporary, occasional visits to the US for the purposes of tourism, business, and/or medical treatment. It is not for visitors seeking living long-term in the US or for those planning to spend the majority of their time in the country.
The AVA Global team can help you plan for upcoming travel to the US for either leisure or business. Book a consultation today to ensure a smooth tourist visa application process.
When you spend day in and day out working with clients seeking a new life through immigration opportunities, it’s impossible not to relate whole-heartedly to our fellow communities who identify as LBGTQIA and their journey through life.
We know that it’s a very personal fight. We believe in fundamental human rights for all individuals.
Freedom. Humanity. Love. Life. For all.
Pride in Action
The origins of Pride Month represent an organized, intentional liberation movement that started almost a decade prior to the Stonewall Uprising of June 1969. In the following year, the Eastern Regional Conference of Homophile Organizations focused their organizing efforts to create a demonstration called Christopher Street Liberation Day (the street in Greenwich Village where the The Stonewall Inn was located), in essence creating the modern gay rights movement.
Gay is angry print. “Gay is Angry,” protest poster, 1971. Artist: Juan Carlos y Nestor.
The goal was to commemorate and raise national awareness around the significance of the mass-resistance to unfair and unjust targeting of LGBTQ peoples and to demonstrate for equal rights. On June 28th, 1970, the inaugural Gay Pride marches took place around the US in New York, Los Angeles, and Chicago.
“First Class Queer, Second Class Citizen”
Stand Up. Stand Up Stronger.
The activists who championed this work at the time acknowledged that after the Stonewall Uprising, the national stage was prime for creating a lasting movement. They needed the entire country to come together and address the larger struggle – one for fundamental human rights. It’s through their passion and vision that we continue to recognize and honor equal rights for the LBGTQ community.
In honor of this Pride Month, AVA Global is excited to share inspiration from our clients. Keep an eye out throughout the month on our website and social channels for features celebrating the lives and impact of the LBGTQ community.
If you are a member or an ally of the LBGTQ community and considering immigration options for you or your family, please contact us for a consultation.
Typically, clients come to AVA Global with the goal of obtaining US citizenship; however, sometimes people want information on how to renunciate. Renouncing US Citizenship is a monumental decision that can have dire personal, legal and financial consequences. For that reason, we highly recommend that you seek out the advice of a US tax attorney and a US immigration attorney. If you are interested in the immigration steps, then we will provide you with an overview to help you understand how to renounce your US citizenship.
What Does Renunciate Mean?
If a U.S. citizen wants to voluntarily give up their citizenship, including the rights and responsibilities associated with it, then they need to go through a formal process of Renunciating U.S. Citizenship. This is a legal process and is irrevocable, meaning once you renounce, it cannot be undone.
Why Renunciate?
Our clients choose to renounce their U.S. citizenship for a variety of reasons, including:
Financial Burdens: Although one should not renunciate for tax purposes alone, there can be significant financial burdens of a US citizen living abroad. Due to strict US laws in banking regulations, some US citizens find it difficult to open a foreign bank account or participate in foreign investments.
Dual Citizenship Conflicts: Some countries do not allow citizens to have dual citizenship.
Cultural Choices: A person may have strong personal or family ties to a country, making it make sense for them to give up their U.S. citizenship.
Legal Requirements and Procedures
Section 349(a)(5) of the Immigration and Nationality Act (INA) governs U.S. citizenship renunciations. The INA requires that the individual seeking to renunciate to appear in person before a U.S. consular or diplomatic officer in a foreign country (normally at a U.S. Embassy or Consulate) to sign an oath of renunciation.
Step 1: General Eligibility
To renounce your U.S. citizenship, you must:
Be at least 18 years old: Minors are generally not allowed to renounce their citizenship.
Possess citizenship in another country: Renouncing U.S. citizenship should not render you stateless.
Understand the implications: You must fully comprehend the consequences of renouncing, including the potential loss of U.S. benefits and privileges.
Step 2: Schedule an Appointment
Contact the U.S. Embassy or Consulate in the country where you reside to schedule an appointment for the renunciation. Consular services are often in high demand, so it is advisable to book well in advance.
Step 3: Prepare Required Documentation
Gather all necessary documents, which typically include:
Proof of U.S. citizenship: A valid U.S. passport, Certificate of Naturalization, or Consular Report of Birth Abroad.
Evidence of another citizenship: Passport or citizenship certificate from another country.
Form DS-4079: Request for Determination of Possible Loss of U.S. Citizenship.
Form DS-4080: Oath/Affirmation of Renunciation of Nationality of the United States.
Form DS-4081: Statement of Understanding.
Step 4: Attend the Appointment
During the appointment, you will:
Provide documents and forms: Submit all required paperwork to the consular officer.
Swear the Oath of Renunciation: Officially declare your intention to renounce U.S. citizenship.
Pay the renunciation fee: As of 2024, the fee for renunciation is $2,350, although US government fees are subject to change.
Step 5: Await Certificate of Loss of Nationality (CLN)
After your appointment, your case will be reviewed, and if approved, you will receive a Certificate of Loss of Nationality (CLN). This document serves as official proof that you have renounced your U.S. citizenship.
Potential Consequences
Renouncing U.S. citizenship carries several potential consequences:
Tax Obligations: You may still owe U.S. taxes up to the date of renunciation and potentially face an exit tax. AVA Global highly recommends that anyone interested in renunciating their US citizenship first speak with a licensed tax attorney before initiating the renunciation process.
Loss of Benefits: Renunciation may result in the loss of U.S. government benefits, including Social Security.
Visa Requirements: Former citizens will typically need an ESTA or other nonimmigrant visa such as a B2 tourist visa to visit the United States.
Renunciating U.S. citizenship is a profound decision requiring careful consideration and professional guidance. The US immigration attorneys at AVA Global are here to provide you with the expertise and support needed to navigate this intricate process. If you are contemplating renunciation or need assistance with the legal aspects involved, contact us today to schedule a consultation.
Please note that this information is provided for general information purposes only and is not legal advice. Engaging with this post does not create an attorney/client relationship.
“That Nation which respects and honors its dead, shall ever be respected and honored itself.”
– Brevet Lieut.-Col. Edmund B. Whitman, 1868
The influence of immigrants plays a part in the origins of Memorial Day. It’s been said the day of celebrating those who died serving and defending their country began as a Southern holiday, in honor of African American Freedom. Dating back to May 1865, thousands of formerly enslaved Black community members in Charleston, South Carolina held a ceremony and parade.
According to Dr. David Blight, Sterling Professor of History and of African American Studies at Yale University: “The war was over, and Decoration Day had been founded by African Americans in a ritual of remembrance and consecration.” (Attributed to his article “The First Decoration Day.”)
Three years later, in1868, General John Logan, leader of an organization for Northern Civil War veterans, called for a nationwide day of remembrance. In his words, he called for a day (May 30th) whose purpose was to strew flowers, decorating the graves of comrades who died in defense of their country, declaring it Decoration Day by issuing General Orders No. 11 or the “Memorial Day Act.” The tradition of draping flowers on graves has been recorded from the Classical Roman period to western Europe in the nineteenth century.
In the 20th century, the day of remembrance evolved to commemorate American military personnel who died in all wars from World War I and II, the Vietnam War, the Korean War, and the wars in Iraq and Afghanistan. The federal government continued to recognize Memorial Day through legislative actions such as the Congressional joint resolution in May 1950) as well as 1966, when it officially recognized Waterloo, NY as the “birthplace” of Memorial Day. In 1971, the Uniform Monday Holiday Act, designated Memorial Day a national holiday and moved it from May 30th to the last Monday in May.
Flowers of charity, peace, and devotion …
Place on the graves of our heroes the laurels
Which their unfaltering valor has won!
Paul Lawrence Dunbar (1872–1906) from Ode to Memorial Day
In many ways, the true intention of Memorial Day is honor, remembrance and prayer for permanent peace.
Service Members and Immigration
As a recognition of service members, their commitment and sacrifice to their country, the US government extends citizenship and naturalization to service members and their close relatives who are natives of other countries.
For service members in the US armed forces, there is eligibility for naturalization under special provisions of the Immigration and Nationality Act (INA).
The US government also recognizes the importance of service members and their family support system. For spouses, these are special considerations for immigration that include expedited naturalization, expedited processing, overseas naturalization, and accommodations for adjustment of status. For children of service members, there may be the opportunity to automatically acquire citizenship under section 320 of the INA. And for certain children of service members who have not already acquired citizenship (under INA 320), they can become naturalized under section 322 of the INA while overseas. Information is available on the USCIS website.
If you are a US service member and considering expedidated immigration options for your family members, please contact us for a consultation. Our United States immigration attorneys are licensed to practice immigration law in all 50 states and at United States consulates and embassies across the globe!
Three women have been attributed with the collective origination of Mother’s Day. Ann Reeves Jarvis, known as “Mother Jarvis” was an Appalachian homemaker and lifelong activist who, in the mid-1800s, organized “Mothers’ Day Work Clubs” in West Virginia to provide education and help mothers who needed it the most. Active during the Civil War, Mother Jarvis also organized women’s brigades. Post-war, she proposed a Mothers’ Friendship Day to promote peace between former Union and Confederate families.
Julia Ward Howe, a famous poet and reformer known for authoring the famous Civil War anthem, “The Battle Hymn of the Republic,” represented the next voice in the Mother’s Day movement. After personally seeing the cruelty of war, Ward Howe called for mothers to join together to prevent the senseless injury and loss of life. She founded the “Mother’s Day for Peace” and around 1870, called for a “Mother’s Day Proclamation,” Ward Howe’s version of Mother’s Day lasted for about 30 years leading up to World War I.
“Motherhood: All love begins and ends there.”
Robert Browning
Social activist, and daughter of Ann Reeves Jarvis, Anna Jarvis picked up the Mother’s Day torch as she sought to memorialize her mother’s life and honor all mothers by making Mother’s Day a national holiday. Her intent focused on honoring mothers and the sacrifices of motherhood. Jarvis held the first celebration in May of 1908. By 1912, celebrations were held nationally and Jarvis formed the Mother’s Day International Association to promote her campaign for making the holiday official.
In 1914, President Woodrow Wilson signed a bill designating the second Sunday in May as a legal holiday to be called “Mother’s Day”—dedicated “to the best mother in the world, your mother.”
Modern Day Celebration
Today, Mother’s Day continues to evolve and expand, celebrating all those who champion and fulfill the role of mothering – whether mother, grandmother, aunts and more. Beyond carnations and roses, Hallmark cards and other commercialization of the holiday, the team at AVA Global recognizes the importance of mothers all over the world and the selfless contributions made by those who embody the role of mothering.
“A mother’s arms are more comforting than anyone else’s.”
Princess Diana
Mothers and the IR-5 Visa
US citizens (age 21 and over) have the ability to bring their parents to lawfully live and work in the United States by obtaining an IR5 Visa (a family based green card). Parents of U.S. Citizens are categorized as immediate relatives under immigration law (along with a spouse and unmarried children under age 21) and are given priority. There is an unlimited number of immigrant visas available to immediate relatives.
The application path to an IR5 Visa is made up of three parts requiring several forms to be filed with US Citizenship and Immigration Services (USCIS) and/or the U.S. Department of State.
To get started, Form I-130, Petition for Alien Relative, establishes a qualifying relationship with a foreign national relative by an US citizen or permanent resident. The petition also communicates the intention to help that person obtain a green card in the United States. An I-130 approval clears the way for an individual to apply for a green card (lawful permanent residence). Please Note: An I-130 approval does not give the beneficiary lawful status in the United States. It is a prerequisite to filing and application for a green card.
Next steps depend on whether the parent currently resides in the US or outside of the US. For those already in the US, the process starts with an adjustment of status and would file Form I-485, Application to Register Permanent Residence or Adjust Status. The USCIS considers the following three fundamental requires to adjust status (although additional factors may also be considered for an approval):
Be physically present in the United States;
Have an immigrant visa immediately available; and
Have a lawful entry to the United States.
For foreign nationals residing outside the US, USCIS will send files to the National Visa Center (NVC) which will coordinate the transfer of the case to the US consulate in the country where your parent resides. This is known as consular processing. The NVC process most likely includes the following steps: completing Form DS-261 to assign an agent, payment of Immigrant Visa Application Processing fee and Affidavit of Support fee, submission of the Immigrant Visa Application (Form DS-260) through the Department of State website, and submission of various civil records and Form I-864 Affidavit of Support (including all financial supporting documents). This part of the process can take approximately six to 10 weeks, or more if there are significant backlogs.
When the NVC is satisfied that the correct document submissions and fee payments have been completed, the next step will be scheduling an interview at the US embassy or consulate. Applicants will also undergo a medical examination performed by an authorized physician and obtain certain vaccinations before the government will issue the visa.
If you are a US citizen over the age of 21 and would like professional assistance to sponsor your mother (or father and/or qualifying immediate relative), you can schedule a consultation with us here. Our United States immigration attorneys are licensed to practice immigration law in all 50 states and at United States consulates and embassies across the globe!
J-1 visas are cultural exchange visas, which allow visa holders a unique opportunity to participate in educational and cultural exchange programs in the United States; however, sometimes the visa holder wants to stay longer than their expiration date would allow. Fortunately, there are options available to extend your J-1 visa, allowing you to continue your experience in the United States while also making you compliant with US immigration laws.
What are J-1 Visas?
J-1 visas cover a variety of cultural exchange categories, including, but not limited to students, scholars, researchers, and au pairs. Whether you’re engaging in academic research, pursuing an internship, or partaking in a cultural exchange, the J-1 visa provides a platform for international visitors to experience the richness of American culture while simultaneously sharing their own.
J-1 Visa Timeline
The length that a J-1 visa holder is permitted to remain in the United States depends on the specific program in which they’ve enrolled and should be specified on their DS-2019. If a J-1 visa holder wants to remain in the United States longer than their program end date, it is essential for them to speak with their sponsor as soon as possible in order to determine their eligibility.
Eligibility for J-1 Visa Extension
Eligibility for extending a J-1 visa depends on a variety of factors, including program-specific guidelines and compliance with visa regulations. Generally, a J-1 visa holder must demonstrate a compelling reason for requesting an extension, such as completing an academic program, conducting additional research, or participating in an internship extension. Additionally, a J-1 visa holder must maintain good standing with their program sponsor and ensure compliance with visa requirements throughout their stay in the U.S.
The J-1 Extension Process
Extending a J-1 visa involves a structured process governed by regulations set forth by the U.S. Department of State. Typically, the procedure entails obtaining approval from both your program sponsor and the Department of State’s Bureau of Educational and Cultural Affairs (ECA). If you are trying to extend your J-1 program, then you should begin the extension process as soon as you can to allow sufficient processing time and to avoid any potential disruptions to your stay in the United States.
How U.S. Immigration Attorneys Can Help
Given the intricacies of visa regulations and the importance of compliance, seeking guidance from experienced immigration attorneys is invaluable when navigating the J-1 visa extension process. A reputable law firm, such as AVA Global, that specializes in immigration law can provide personalized guidance tailored to your unique circumstances, ensuring that you understand your rights, obligations, and available options.
Extending your J-1 visa offers a pathway to continue your cultural program in the United States, whether you’re pursuing academic endeavors, gaining professional experience, or engaging in cultural exchange. By understanding the eligibility requirements, initiating the extension process in a timely manner, and seeking legal guidance when needed, you can navigate the complexities of visa regulations with confidence.
AVA Global understands the importance of immigration matters and is committed to providing comprehensive legal assistance to individuals navigating the intricacies of the United States immigration system. Our experienced attorneys are here to guide you through every step of the J-1 visa extension process, ensuring that you can make informed decisions and pursue your goals with confidence.
If you are considering extending your J-1 visa and would like professional assistance to understand the implications of this decision, you can schedule a consultation with us here. Our United States immigration attorneys are licensed to practice immigration law in all 50 states and at United States consulates and embassies across the globe!
Contract Immigration Attorney (North Carolina Bar License preferred)
Summary
AVA Global is looking for an outstanding Contract U.S. Immigration Attorney (with at least two years of experience preparing and filing business and family-based immigration cases) to add to our team. As an attorney working with us, you will be responsible for managing cases that may include family-based, humanitarian, and employment-based immigration. You will represent clients before U.S. Citizenship and Immigration Services and the Department of State.
What You’ll Do
Offer legal counsel and guidance to clients on various immigration matters.
Manage a caseload of affirmative applications pending before USCIS and the Department of State.
Work closely with clients and their families to prepare affirmative applications for permanent residency/immigrant visas, nonimmigrant visas, asylum, U visas, T visas, and visas under the Violence Against Women Act (VAWA), in addition to waivers of inadmissibility.
Work with clients to develop and implement legal strategies for EB1, EB2, EB3 and EB5 immigrant visa applications, and H1-B, H-2B, L-1A, L-1B, O-1, and TN nonimmigrant visas.
Legal research and writing–specifically, drafting and filing waiver applications and supporting briefs and memoranda.
Effectively communicate with other attorneys and experts in the field—locally and nationally—to leverage as much knowledge and advice as possible for the benefit of our clients.
Stay abreast of immigration policy changes and regulations, offering advice on compliance to clients.
Collaborate closely with the firm’s Senior US immigration counsel to ensure efficient and effective client representation.
Perform consultations for potential clients who are interested in the law firm’s services.
Compensation and Benefits
This is a contract position. Salary will be dependent upon experience with the potential to turn into a full-time salaried position. Remote to start, with hybrid option once our office opens in Apex, North Carolina.
What You’ll Bring
Juris doctor degree and active licensure in good standing in at least one state (North Carolina preferred).
Two years of substantial family-based and/or business/employment-based immigration experience preferred.
Excellent writing and editing skills.
Ability to work both autonomously and collaboratively.
Creative thinking and problem-solving skills.
Excellent organizational skills.
Tech savvy.
Passion, tenacity and optimism for protecting and advancing the rights of the immigrant community.
Fluency in English required. Fluency in a second language strongly preferred.
How to apply:
Please send your resume and letter of motivation to us via email at info@aspirevisaattorneys.com. Please put IMMIGRATION ATTORNEY APPLICATION in the subject line in all caps. Emails without resumes and letters of motivation will not be reviewed. No phone calls, please.
