Curbelo and Grayson Introduce the Venezuelan Refugee Assistance Act

Two Florida members of Congress introduced a bill that would allow Venezuelans who arrived in the U.S. prior to Jan 1, 2013, to adjust status to permanent resident. No word on how likely this is to move forward.

Washington, D.C.—In response to the continued instability in Venezuela, Reps. Carlos Curbelo (FL-26) and Alan Grayson (FL-09), Ileana Ros-Lehtinen (FL-27), and Debbie Wasserman Schultz (FL-23) have introduced the Venezuelan Refugee Assistance Act, H.R. 3744, to provide immigration relief to Venezuelans that have long-resided in the U.S., unable to return to their homeland:

“For the past decade, thousands of Venezuelans were forced to flee the brutal Chavez dictatorship. The situation has not improved under his hand-picked successor, Nicolas Maduro. In the last few months alone we have seen countless examples of the regime’s thuggish tactics, unethical behavior, and lethal force. They’ve arrested top opposition leaders like Leopoldo Lopez and the Mayor or Caracas, and banned others from running for public office, like Maria Machado. They’ve also arrested over 3,000 opposition protestors in a riot that left dozens dead. This bill will help those Venezuelan nationals who have made a new home in the United States to remain here if they choose to since it is dangerous to return home.

Specifically, this legislation would address the issue by adjusting the status of Venezuelans that arrived in the U.S. prior to Jan 1, 2013 as long as they do not have a criminal record and were never involved in the persecution of others. They have until January 1, 2019 to register for adjustment.

I applaud the Venezuelan-American community in the United States for their continued efforts on behalf of the people of Venezuela and I stand in unity for their noble cause of justice and freedom and thank Rep. Grayson for his leadership throughout the years to help the Venezuelan people. I would also like to thank Reps. Ros-Lehtinen and Wasserman Schultz for being original co-sponsors,” said Rep. Curbelo.

“I’m proud to join my Florida colleague Rep. Carlos Curbelo in introducing this important piece of bipartisan legislation. The political turmoil in Venezuela demands that the United States do everything in its power to protect those who have been able to escape to freedom in America. We cannot in good conscience force Venezuelans to return to a country where they face arrest, torture, and execution only because they oppose the government. Granting them permanent residence status is the best, most logical way to ensure their safety. I thank Rep. Curbelo for all he has done for the Venezuelan American community, and look forward to working with him to see this legislation out of committee and onto the floor for a vote,” said Rep. Grayson.

Rep. Curbelo will be holding a press conference regarding H.R. 3744 on Tuesday, October 13, 2015 in his Miami district office.

Source: https://curbelo.house.gov/news/documentsingle.aspx?DocumentID=537#.VidytfvLztE.mailto

Child Born Abroad and US Citizenship

We recently had an inquiry concerning a child born abroad and US citizenship.  We provide information about this issue on our main website, VisaAmerica.com, but felt we should provide an explanation here as well.

There are two main possibilities with children born abroad:

1. Two married US-citizen parents have a child abroad.  The child acquires US citizenship at birth, provided one of the parents resided in the US prior to the child’s birth.  No specific period of time for such residence is required.
2. One US-citizen parent and another alien parent who are married have a child abroad.  The child acquires U.S. citizenship at birth, provided the citizen parent was physically present in the U.S. for the time period required by the law.

Reporting the Birth to Establish Citizenship:

The birth of a child abroad to a U.S. citizen parent(s) should be reported as soon as possible to the nearest U.S. embassy or consulate to establish an official record of the child’s claim to U.S. citizenship at birth. The official record is a Consular Report of Birth of a Citizen of the United States of America, or Form FS-240. This document, known as the Consular Report of Birth Abroad, is a basic United States citizenship document. An original FS-240 is furnished to the parents at the time the registration is approved. A Consular Report of Birth can be prepared only at a U.S. embassy or consulate. It cannot be prepared if the child has been brought back into the United States (although a different document may be requested – see the next two paragraphs), or, if the child is 18 years of age or older at the time the application is made. For more information, see Documentation of U.S. Citizens Born Abroad Who Acquire Citizenship at Birth.

If the child returns to the U.S. without a Form FS-240 being filed, an application may be made for a Certificate of Citizenship. Obtaining this certificate involves presentation of basically the same documentation required to obtain a Consular Report of Birth. Under law, the Consular Report of Birth and the Certificate of Citizenship are equally acceptable as proof of citizenship. File Form N-600 (Application for Certificate of Citizenship) with your nearest USCIS office.

A U.S. passport is also proof of citizenship. Click here for a list of the documentation needed to obtain a U.S. passport — you will need to apply in person to the nearest U.S. passport agency.

For additional information, see the State Department’s website for American citizen’s abroad, and, if you are outside the U.S., contact your nearest U.S. Embassy or Consulate.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1. A blood relationship between the person and the father is established by clear and convincing evidence;
2. The father had the nationality of the United States at the time of the person’s birth;
3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
5. While the person is under the age of 18 years —
   • the person is legitimated under the law of his/her residence or domicile,
   • the father acknowledges paternity of the person in writing under oath, or
   • the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:

A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The mother must be genetically related to the person in order to transmit U.S. citizenship.

Sarasota Immigration Lawyer Helps Multilingual Job-Seeker

We receive resumes from time to time from very qualified individuals who are looking for employment.  Unfortunately, we cannot hire them all, so today we are sharing one with our readers.

Pavel Soshnikov graduated from Florida International University with a Master’s degree in Economic Globalization this spring.  He also holds a Bachelor’s degree in International Relations with a minor in Criminal Justice from the same university.  He worked his way through college and so has several years of work experience under his belt.  He is fluent in Russian and conversational in Spanish.

Pavel Soshnikov is a MultiLingual Job Seeker

Please find his resume, including contact information, here.  We wish him the best of luck.

Immigration Attorney Learns of New Model for EB-5 Investor Visas

EB-5 Investor Visas are granted to those who invest $1 million or $500,000 in an existing commercial enterprise and create 10 new US jobs.  The difference in the investment amount depends on whether the enterprise is located in an area of high unemployment.  For a full blog post on the requirements please see our previous blog post on EB-5 Investor Visas.

For a while after these visas were created immigrant investors had to find an existing commercial enterprise themselves.  Then the government permitted regional centers.  Regional centers pool investments and manage the money as well as the creation of jobs.  Different regional centers operate in different ways.  Some concentrate on maximum returns to the investor, others on exit strategy.

New EB-5 Investor Visa Model – E3IG Logo

Now there is a new model.  E3 Investment Group of New York have developed a 3rd way to manage EB-5 investments.  Their press release explaining the program is copied below:

E3 Investment Group has achieved a critical milestone by securing its first investor in its innovative Scalable-Direct(TM) EB-5 program business model.

NEW YORK, N.Y., July 31, 2013 (GLOBE NEWSWIRE) — via PRWEB – E3 Investment Group, headquartered in New York, announced today that it signed its first investor in its Scalable-Direct(TM) EB-5 investment business model. The Scalable-Direct(TM) model may be the first of its kind to allow foreign nationals who invest their capital as part of the United States government’s EB-5 immigrant investor visa program to receive the benefits of an enterprise class organization, while each remaining independent from all other investors by being the only investor in its entity. This is designed to allow the investor to receive permanent residency in the United States, while using their capital to create jobs in high unemployment areas for US citizens and permanent residents.

According to Matt Gordon, Managing Director of E3 Investment Group, “The Scalable-Direct(TM) business model is simple. Each investor invests the required $500,000 in its own entity. The money buys the operating assets and hires ten or more employees. That satisfies the U.S. Government EB-5 program requirements. We manage all the entities together to provide economies of scale and high quality management to reduce the risk. Unlike other models, different investors’ assets and employment creation are never mixed.”

“Now that we have completed this critical milestone, we look forward to continuing to build out our program and help many of the world’s best, brightest and most entrepreneurial citizens accomplish their goal of helping build America and living the American dream.”

About E3 Investment Group

E3 Investment Group is a 21st century private equity firm that with three mandates, the three E’s: Employment – to create well paying, long term jobs; the Environment — to conduct our operations so that we minimize our impact in the industries in which we focus; and Earnings – so we can ultimately repay our investors, do well for ourselves and do good for the communities in which we operate.

For a short video on how Scalable-Direct(TM) works, see http://www.e3ig.com/scalable-direct

See the following link for a comparison between Scalable-Direct(TM) and the typical EB-5 Investment structures: http://e3ig.com/direct-vs-regional-center-based-investments

This article was originally distributed on PRWeb.  For the original version including any supplementary images or video, visit http://www.prweb.com/releases/2013/7/prweb10984485.htm

CONTACT:
E3 Investment Group
Matthew Gordon
matt.gordon@e3ig.com
+1 2127927973

Immigration Lawyer Peter Jaensch Attends Pro-Immigration Rally in Sarasota

Immigration attorney of Sarasota, Peter Jaensch, attended the pro-immigration rally held in front of the V-Day statue on the Sarasota waterfront on Wednesday, July 24.  The rally was organized by the ACLU which chose Sarasota and Tallahassee as sites for a pro-immigration rally in order to send a pro-immigration message to Florida Congressional representatives Vern Buchanan and Steve Southerland.

The immigration lawyers at Sarasota’s Jaensch Immigration Law Firm learned of the rally earlier in the week and founding member, Peter Jaensch, decided to lend his support and attend.

The rally was a great success.  Dozens of people lined US 41 with signs and balloons, urging the cars passing by to honk for immigration reform.  The drivers were not afraid to show their support and the air was filled with the sounds of honking vehicles and cheers from the intrepid ralliers.  Immigration attorney Peter Jaensch took a few photos and was even featured in the Sarasota Herald-Tribune article covering the event.

Immigration lawyer Peter Jaensch (left) at pro-immigration rally

Sarasota Immigrant Gives Italian Tours the Italian Way

A Photo of Venice from StayandVisit.com

Giorgio Orofino’s family has been in the hospitality business for 2 generations.

The first question on the Orofino’s FAQ page is “Can I see all of Italy in 7 days?” Their answer, “No.” This is a tour company that gives visitors the time they need to really get underneath all the layers of history, culture and cuisine that Italy offers. Visitors stay at one of the Orofino family-owned hotels – one of the reasons their prices are so reasonable – and motor around the countryside by day with time in the afternoon to get to know their location. The Orofino family motto: “Stay and Visit.”

Giorgio Orofino first came to Sarasota  in 1992. It was “love at first sight” when he saw Siesta Key Beach.  Every American he talked to expressed a love for Italy and Mr. Orofino saw a business opportunity. At that point his family owned two hotels in Ischia, Italy so he decided to set up a tourism company specializing in treating North Americans to an Italian-style vacation. He wanted to provide low-cost special tours, “no packing – no unpacking,” as he says.   He founded the main company in Italy in 1994 and founded Stay and Visit Inc. in Florida in 1996.  The two companies worked in tandem to plan tours for Americans all over Italy.  The American company advertised in national media, including “The New York Times” to attract customers  and worked with travel agents around the country.

As the business grew, Mr. Orofino concluded that he needed a more permanent presence in the U.S. He already had a B-2 and E-2 Visa but he needed something more permanent. At this point he decided to apply directly for the international manager green card.  He continued to live and work in Italy until the Green Card was issued, which took about 3 years. Then, he and his family moved to Sarasota.

Today Giorgio and his family live happily in Sarasota and Stay and Visit Inc. is still operating with great success. Today the Orofino family owns one of the largest hotel chains in Italy and every year they enable more and more North Americans to enjoy the country. Giorgio reports: “We have many Americans and Canadians traveling from North America to Italy with us. We are proud to say that we have the best rates in the world for Italy tours and hotels.”  To learn more about Giorgio and his business, visit Stay and Visit’s website and sign up for their e-newsletter by entering your email in the field on the right.

Deferred Action-Why Hire an Immigration Attorney

Sarasota Immigration Attorney Victoria Jaensch Karins

We understand that many people would like to apply for deferred action on their own rather than take on the cost of hiring a lawyer. Deferred Action is a very new policy and it has the potential to help many people and we welcome all who wish to apply to do so as soon as possible.

We would also like to inform all potential applicants that if your Deferred Action application is denied, there is no possibility of appeal. This means that you only get one opportunity to qualify so please make sure that your application is as complete as possible.

While denial will not cause immediate placement into deportation proceedings – USCIS will not share information on Deferred Action applicants with Immigration and Customs Enforcement (ICE) – there will still be a general risk of deportation. The fact remains, if you entered without inspection or overstayed your visa the government can place you in deportation proceedings at any time.

If you choose to apply on your own please be careful. If you choose to seek help please make sure that the person you ask for help is a genuine immigration attorney. Many “notarios” will offer to complete and submit an application on your behalf for a fee. They are not fully trained legal professionals and may be trying to defraud you.

Some may remember the provision of law Section 245(i). This policy allowed people who entered the country illegally or were otherwise unqualified for Adjustment of Status to ‘get legal” in the U.S. (through family or employment categories) by paying a penalty fee of $1,000. It expired in 2000, but Congress passed a short extension between December 2000 and April 30, 2001.

Many semi-legitimate institutions appeared overnight. These places filed many fraudulent or frivolous applications for a fee. Sometimes they charged a fee and filed nothing.

Do not endanger your chance to qualify for Deferred Action. Make sure that the person you hire to help you is an immigration attorney.

Related Articles:

• Latest Deferred Action Q&A
• USCIS Will Begin Accepting Deferred Action Applications!
• Los requisitos de Accion Diferida

A Touch of Africa in St. Armands

Looking for a great way to experience Africa right here in Sarasota?

Touch Corporation brings the touch and even some of the tastes of Africa to St. Armand’s Circle.  Deon Barnard, COO of for the USA branch of Touch Corporation manages a travel agency, a retail store full of chic African items and a soon-to-open African cafe.

Mr. Barnard and his family hail from Durban, South Africa.  Having worked in the travel and leisure industry since 1988, Deon was transferred from corporate South Africa to establish the USA branch in 2009.

Go Touch Down Travel & Tours, part of the Touch Corporation, has been marketing travel tours to the American market for decades.  With increasing demand for bucket-list adventures the group made the decision to establish the North America offices in Sarasota and Oakville, Canada.  The local office is currently remodeling the Afro Café at the back of their retail store that will be serving coffee and wine from South Africa. The group will be expanding the brand to Washington DC and New York during 2013.

In addition to sharing the wealth of Africa with us here in the States, Go Touch Down Travel and Tours arranges tours leaving the USA every week taking American visitors to see South Africa for themselves.  What makes this group unique is that they take visitors to land that they themselves own.  This means that the trips are incredibly personalized as well as cost-effective.  Visitors can experience most anything from diving underwater in cages in shark-infested waters, taking a safari through the African veld, or just enjoying the urban luxury and culture of Cape Town.  Either way, it’s sure to be an unforgettable bucket-list trip.

Sarasota Immigrant Turns Original Idea into New Business

Sarasota immigrant Mari-Anne Saunders (on right) preparing the Legacy Trail General Store for opening

Dickson Richard is a Sarasota immigrant with a fun and useful business proposal; opening the only retail store on the length of the Legacy Trail.  Called the Legacy Trail General Store it will be located at 595 Church St, Nokomis.  The property backs up to the Legacy Trail near its midpoint, not far from downtown Venice.  It will offer nutritious snacks and beverages, useful paraphernalia for bikers and runners, and a nice quiet seating area to relax.

Reporters from local TV channels, radio stations, and newspapers have already been raving about the fledgling business.   The General Store is a member of Friends of the Legacy Trail,  Beautification of Venice, and has applied to be on the bicycle advisory board for Sarasota County.

25,000 people use the Legacy Trail every month during season; 13,000 during of-season.  With numbers like these we believe that the Legacy Trail General Store stands poised for great success.