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A Green Card is invalidated if a lawful permanent resident remains outside the U.S. for more than one consecutive year
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RESTAURANT OF
THE MONTH
15 East Flagler St. Miami, FL 33131 (305) 808-6666 |
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Greetings!     
Welcome to our October 2011 Newsletter! This issue includes articles on a proposed bill for visas for international investors, immigration cases to be heard this term by the U.S. Supreme Court, the Green Card Lottery, and the redesign of the Employment Authorization Card.
This issue also includes our monthly H-1B and Visa Bulletin updates, and our Restaurant of the Month, Pega Grill, a delightful Greek restaurant in downtown Miami.
Enjoy!
The Ratzanlaw Team
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Proposed Real Estate Investor Visas Could Benefit International Investors
Two U.S. Senators have proposed a bill that would allow foreign nationals to obtain residence visas if they invest in residential real estate.
A foreign national who invests $500,000 in residential real estate (single-family house, condo, or townhouse) would be eligible for a visa under the proposed bipartisan bill from U.S. Senator Charles Schumer, D-New York, and U.S. Senator Mike Lee, R-Utah. The two senators want to increase the current trend of foreigners taking advantage of low prices and favorable currency exchange rates and buying homes in South Florida, Arizona, California and other areas.
"This is a way to create more demand without costing the federal government a nickel," Sen. Schumer said in an interview with The Wall Street Journal.
The applicants can invest as little as $250,000 in one home and invest the rest in other residences, which can be put up for rent. However, the foreign investors would not have work authorization unless ...click here to read more.
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U.S. Supreme Court Decisions in New Term Will Impact Many Green Card Holders
On October 3rd, the Supreme Court of the United States began a new term, during which it will hear three important immigration cases. Two of the cases deal with the imputation of lawful permanent residence to unemancipated minor children for purposes of cancellation of removal for lawful permanent residents under the Immigration and Nationality Act. The third case relates to whether certain lawful permanent residents convicted of specified crimes are considered to be "seeking admission" upon return to the U.S. from travel abroad.
Cancellation of removal for lawful permanent residents (i.e. holders of green cards) is a form of relief that certain individuals can request in deportation proceedings. If approved, the cancellation of removal applicant retains his or her status as a lawful permanent resident. To qualify the applicant must have: (1) been lawfully admitted for permanent residence for at least 5 years; (2) resided in the U.S. continuously for 7 years after being admitted in any status; and (3) not been convicted of a crime classified as an "aggravated felony."
One of the cases the Justices agreed to hear after their summer break is
Holder v. Gutierrez, in which Mexican citizen, Carlos M. Gutierrez, faces deportation for smuggling three undocumented minors across the U.S.-Mexico border. Gutierrez became a lawful permanent resident in 2003 when he was 19 years old and was arrested two years later. The Department of Homeland Security (DHS) is arguing Gutierrez does not meet the 5 years of lawful permanent residence requirement ... click here to read more.
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Restaurant of the Month: Pega Grill
Cuisine Fit for Greek Gods
According to Greek mythology, the warrior Bellerophon rode the back of Pegasus, the white winged horse, when he slew Chimera, the fire-breathing three-headed monster with a lion's front, a goat head in the center of its body, and a tail that ended in a snake's head.
Pega Grill in downtown Miami is named after the iconic horse. Owner Athanasios Barlos grew up riding horses, and now he is riding Pega Grill to the top of the downtown Miami restaurant scene. For 17 years, Mr. Barlos ran a Michelin-rated restaurant in Athens serving Italian and French cuisine. After immigrating to the United States, Mr. Barlos opened up the Mediterranean restaurant Elia in Bal Harbour and then Ariston in North Beach, which is now closed but won the Miami New Times "Best Greek Restaurant" Award in 2009.
The Miami New Times has since taken notice of Mr. Barlos's newest venture, placing it at #3 on its list of Top 5 Inexpensive Downtown Restaurants.
Located at 15 East Flagler Street, Pega Grill is a small, charming, and noticeably clean dining establishment with indoor and outdoor seating. The menu includes one Greek classic after another, such as Hummus, Tzatziki (authentic Greek yogurt), and Falafel for appetizers. Of course, Pega Grill offers a Greek salad, but not just any mix of cucumbers, kalamata olives, tomatoes, feta cheese, and onions. Miami New Times has voted Pega's the Best of Miami. Then there's the one and only Gyro, which Pega Grill offers with Chicken or Meat in a plain or whole wheat Pita. Main dishes include Grilled Chicken, Beef and Lamb Kebab, and marinated chicken. Specials may include spanikopita (spinach pie) as an appetizer, and lamb chops, mahi mahi, or moussaka (Greek lasagna) as a main course.
Pega Grill is open for lunch between 11:30am to 3:00pm, Monday through Friday, and provides delivery service from Brickell up to 25th and Biscayne. The restaurant will soon be open for dinner, and will cater business events and parties.
All it takes is one meal to realize that Mr. Barlos is a modern day Bellerophon, riding Pega Grill to victory in downtown Miami.
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USCIS Redesigns Work Authorization Card and Certificate of Citizenship in Effort to Deter Fraud
On October 25, 2011, U.S. Citizenship and Immigration Services (USCIS) announced physical changes to the Employment Authorization Document (EAD) and Certificate of Citizenship (Form N-560) to increase security and deter fraud.
USCIS Director Alejandro Mayorkas announced that the agency teamed up with Immigration and Customs Enforcement Forensic Document Laboratory to incorporate state-of-the-art technology to make it difficult for counterfeiters to recreate the documents.
"These enhanced documents are more secure than ever," said Director Mayorkas. "They advance our efforts to safeguard against fraud and protect the integrity of the immigration system."
The new futuristic-style design of the EAD incorporates elements that are common with the changes that occurred with passports and currency. The image on the EAD is now holographic and ... click here to read more.
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Green Card Lottery Registration Open
Until November 5, 2011
The U.S. Department of State has opened the DV-2013 Diversity Visa Lottery ("Green Card Lottery") registration period, which started on October 4, 2011 and will end on November 5, 2011. Applicants must apply online at www.dvlottery.state.gov during the registration period.
The Green Card Lottery makes available 55,000 visas to citizens of countries with low rates of immigration to the United States. Individuals from the following countries are not eligible to apply for the 2013 green card lottery:
BANGLADESH, BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.
Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
There is no fee for entering the lottery, and any e-mail or other solicitation for a fee to enter the lottery is fraudulent.
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H-1B Visa Cap Count
Nearly 20,000 H-1B Visas Available For Professional Positions
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Cap Type
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Cap Amount
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Petitions Filed
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Date of Last Count
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H-1B Regular Cap
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65,000
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46,200
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10/21/2011
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H-1B Master's Exemption
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20,000
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20,000
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10/21/2011
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As of October 21, 2011, U.S. Citizenship and Immigration Services (USCIS) has receipted 46,200 cap-subject H-1B petitions toward the cap of 65,000 for Fiscal Year (FY) 2012. In addition, USCIS has receipted all 20,000 petitions toward the Masters exemption.
This marks an increase by 3,200 in cap-subject H-1B petitions and 400 Masters exemption petitions filed since the last update on October 14, 2011. The current number shown for petitions filed reflects petitions that have been approved or are still pending.
While there are still just under 20,000 H-1B visas available under the regular cap, there are no more visas remaining under the Master's... click here to read more.
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Visa Bulletin Update: November 2011
EB-3 Green Cards Available for Priority Dates Before November 15, 2005
The Department of State (DOS) has released the November 2011 Visa Bulletin, showing immigrant visa (i.e. green card) availability for November 2011. The EB-2 category (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability) for China and India will continue to advance in November. There will be movement in all other categories, but we will not see the monthly advances we have seen in the past months.
Back in March, the DOS announced that the EB-2 category will advance rapidly due to the sharp drop in demand for EB-1 visas (Priority Workers). In November, the EB-2 category will advance 3 months and 16 days for China and India to November 1, 2007. All other countries will remain current.
There continues to be movement in the EB-3 subcategory for unskilled workers for all countries except China and India. China's cut-off date will stay at April 22, 2003. India will only advance a week to June 15, 2002. However, all other countries will advance 2 months to November 15, 2005.
The EB-3 category for professional and skilled workers is moving a bit slower. The cut-off date for all countries except China and India will advance 2 weeks to December 22, 2005. China will also advance 2 weeks to August 22, 2004 while India will advance 1 week to July 22, 2002.
Family-based categories will also advance. In the F-1 category (unmarried Adult Sons and Daughters of U.S. Citizens), all countries except Mexico and the Philippines ... click here to read more.
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Disclaimer: The information provided in this newsletter is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice. We intend to make every attempt to keep this information current. We do not promise or guarantee, however, that the information is correct, complete or up-to-date, and readers should not act based upon this information without seeking professional counsel from a licensed attorney. Transmission of information from this newsletter is not intended to create, and its receipt does not constitute, an attorney-client relationship with Jacob L. Ratzan, P.A. or any of its individual attorneys or personnel.
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