Badmus Immigration Law Firm Newsletter )
Immigration Prescription for Physicians September 2007
in this issue
  • Home for the Holidays - Why You Should Start Your Green Card Process Now
  • New Badmus Team Members
  • Job Notices for Physicians
  • Grounds for J Waivers of the Home Residency Requirement
  • Why Become a U.S. Citizen?
  • Free Teleseminars are Back!
  • Happy Labor Day!
  • Greetings!

    Here's our September edition of immigration information that may be helpful to you or a colleague.


    Badmus Immigration Law Firm

    Home for the Holidays - Why You Should Start Your Green Card Process Now

    There are three reasons to start your permanent residence "green card" process now to guarantee your future in the United States:

    1. Limited Availability: There's a limited number of employment based immigrant visas (green cards) issued each year because of the heavy demand. Some people wait for years! Processing time depends on the date you applied. So the longer you wait, the longer it will take to get your green card. This summer, the waiting list got even longer for everyone, including physicians! The list fluctuates so acting now will start the process sooner and could cut years of waiting for your green card.

    2. Slower Job Market: One way to get a green card is through PERM labor certification. But the employer must prove that qualified U.S. citizens or permanent residents are not available for your job. So if a qualified U.S. citizen applies for your job, you miss out on your green card! But the holiday season is very slow for recruitment so starting now will increase your chances of securing your green card. .

    3. Save Money in Attorney Fees and Government Fees:
    To keep pace with the economy, we are increasing our fees for the coming year. Start your process before December 15 and lock in our current fees. You should also know that the government may raise its fees in the coming year as well.

    To get started - just call 888-849-9104 x 207 or email fkilgore@badmuslaw.com to consult with one of our qualified attorneys.

    New Badmus Team Members

    Badmus Immigration Law Firm is pleased to announce our new team members. Joining us are attorney Michelle Richart, paralegals Jennifer Green, LaToya Craft, and Shakinia Mackey, legal secretary Francene Kilgore, and administrative assistant, Nancy Pena.

    All of us welcome the opportunity to serve you.

    Job Notices for Physicians

    A few employers have contacted us with job positions available to IMG physicians.

    Calfornia private practice has an immediate opening with sponsorship for J-1waiver in Southern California for internist focusing on women's health. Good quality of life. Email resume to docneed@aol.com

    U.S. PHYSICIAN RESOURCES INTL represents numerous employers with positions available for J-1 or H-1B physicians - contact Sante Chary, 1-800-468- 1360, www.usdrjobs.com, an employer paid recruiter.

    Grounds for J Waivers of the Home Residency Requirement

    Many J-1 Exchange Visitors are subject to the two-year home residency requirement. This requirement precludes these visitors from changing to many other nonimmigrant visa categories or adjusting to permanent resident status unless they have spent two years in their home country or country of last permanent residence upon completion of their J-1 program. There are three categories of J-1 visa holders that are subject to the home residency requirement:

    1. Those whose field of training and expertise appears on a Skills List maintained by the State Department.
    2. Those who received funding either from their home government, an international organization or a U.S. government agency for the J-1 program.
    3. Those who entered the United States to receive graduate medical education or training.

    Waivers of the home residency requirement are available in a few situations:
    Fulfilling the requirement would result in exceptional hardship to a U.S. citizen or permanent resident alien spouse or child. In order to demonstrate exceptional hardship to a U.S. citizen or permanent resident spouse or child, the J-1 might try and document medical hardship, or persecution of the U.S. citizen or permanent resident if they go to the J-1's home country, as well as other unusual hardships. Lesser hardships such as spousal separation, separation from children and language problems by themselves are not enough to prove hardship. Rather, the totality of hardship must be measured. A greater degree of hardship must be found in cases involving foreign medical graduates or those receiving U.S. government funding. Also, the hardship must arise both upon a separation of family members and if the family is together in the J-1's home country.

    Fulfilling the requirement will result in persecution to the alien on the basis of race, religion or political opinion. The criteria for a persecution-based waiver are similar to asylum claims; however, the burden of proof in a persecution-based waiver claim is higher than for an asylum claim. Consequently, most people pursue asylum applications rather than a J-1 waiver based on persecution. Furthermore, asylum claims usually lead to permanent residency status while this is often not true for a J-1 waiver. One instance where a persecution-based waiver may be favored is when an asylum claim is unavailable due to the applicant's waiting longer than a year after entering to apply.

    The alien's home country government indicates no objection to the alien's remaining in the U.S. Waivers may be granted if a J-1 visa holder obtains a "no objection" letter from the exchange visitor's country of nationality or last permanent residence. The "no objection" letter is a formal statement from the home country to the State Department. Most embassies or consulates in the U.S. have officials designated to handle these statements. Note: A "no objection" letter cannot be the basis for a waiver when the exchange visitor came to the U.S. to receive graduate medical education or training.

    An interested government agency recommends the waiver as being in the national interest. A statement from a U.S. government agency to the State Department that the granting of a waiver would be in the public interest can also be the basis for a waiver. This is usually available if the agency employs the J-1, but an agency may request a waiver even if it does not employ that individual.

    If you need a J-1 waiver, contact us to talk with one of our attorneys. Simply reply to this email with a request for a consultation.

    Why Become a U.S. Citizen?

    Green card holders in this country receive most of the rights of U.S. citizens, and in the day-to-day life of permanent residents there are not too many differences than with their citizen counterparts. So why bother with obtaining citizenship? Here are six reasons that stand out:

    1. Patriotism and voting: If you are making the United States your permanent home and want to fully participate in American democracy, becoming a citizen is vital. Only U.S. citizens can vote in federal elections.

    2. Retaining residency: The only way to guarantee you will always have the right to remain in the U.S. is to naturalize. Permanent residents are always at risk of losing their green cards for spending too much time outside the U.S.

    3. Deportation: If one is ever convicted of a crime, and not necessarily a very serious crime, there is a risk of being deported. After becoming a citizen, with rare exceptions, you retain your citizenship even if you run into criminal problems.

    4. Government benefits: Some permanent residents cannot receive the same public benefits as citizens. There has been increasing talk of making more public benefits available only to citizens. The only way to ensure that this will not be a problem is to naturalize.

    5. Immigration for family members: U.S. citizens generally receive priority treatment to bring in family members. In many cases, citizens can sponsor family members without waiting on a queue for a visa to become available. Green card holders cannot sponsor parents or siblings, and the wait to bring in children and spouses is much longer than that for citizens.

    6. Tax consequences: U.S. citizens and permanent residents are not always treated the same for tax purposes. This is particularly true for estate taxes.

    If you are planning to become a citizen, contact us!

    Free Teleseminars are Back!
    telephone seminar

    Save the date for our free Immigration Prescription Question and Answer Briefings for Physicians. From the convenience of your home or office, you'll learn the latest information about immigration including H- 1Bs, J-1 waivers, priority dates, green cards, and more.

    Seminar dates are September 20, and November 15. To register for the September 20 seminar, email fkilgore@badmuslaw.com

    Happy Labor Day!

    Did you know?....Labor Day, the first Monday in September, is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country.
    All of us at Badmus Immigration Law Firm wish you a safe and fun labor day weekend and holiday!

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