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.

Those Granted Deferred Action Can Apply for Advance Parole!

Sarasota Immigration Attorney Victoria Jaensch Karins

The granting of Deferred Action does not lead to any status or path to permanent residence. However, the USCIS has stated that those who are granted Deferred Action will be able to apply for a travel document called “Advance Parole” if they can show a good reason for the need to travel (e.g. humanitarian, education or work related).

This is a potentially great benefit to those who entered without inspection (EWI) and are married to US citizens. EWI’s married to US citizens are not currently eligible to obtain their green cards in the U.S. They must apply from their home country. Usually the return to the home country triggers the 3 to 10 year bar.

But now, people who are “paroled” in the U.S. based on the advance parole documents ARE eligible to obtain their green cards in the U.S.

Therefore, a person granted deferred action who also receives an advance parole would be able to obtain their green card through their US citizen spouse in the U.S. within 3-4 months of filing and would not require a waiver application.

I do not advise anyone who is granted Deferred Action to leave the U.S. with a travel document before first confirming that they will be able to come back to the U.S. In the coming months, we will see how this issue plays out.

Observaciones iniciales despues de una semana de consultas sobre Accion Diferida

Ha pasado una semana desde que se puso en efecto la nueva política de la acción diferida y queremos compartir algunas de nuestras observaciones despues de ver el proceso en efecto.

Para empezar, estamos impresionados con la cantidad de personas que quieren solicitar la acción diferida. Estos días hemos estado asesorando a solicitantes potenciales, estableciendo si son elegibles o no, y empezando a prepar solicitudes.

Acción Diferida y los números de Seguro Social:

Uno de los asuntos que encontramos es el uso de números multiples de Seguro Social. Dado que el formulario I-765 (solicitud de autorización de empleo) pide todos los numeros de Seguro Social que se ha usado, esto puede presentar problemas.

En este momento no hay ningunos casos de prueba que nos puedan demostrar como va a tratar el USCIS este asunto. No sabemos por completo las implicaciones de usar números multiples o falsos de Seguro Social. Si alguien lo ha hecho, les recomendamos que ejerzan prudencia en el proceso de solicitud. No podemos garantizar aprobación pero sabemos que el USCIS está revisando las solicitudes caso por caso.

Jorge Chacon Provides Quarterly International Business Report

Please enjoy a copy of Jorge Chacon’s International Business Report. Jorge Chacon runs Jorolco International Ventures. He provides business creation and intelligence, search and evaluation of foreign agents and distributors, Linkage to foreign vendors and markets, exposure of products and services to global markets and language translation solutions.

Jorolco Foreign Business Report -Special Edition August 20, 2012

Hosts Jorge Chacon and Jose Mendez at International Business Lunch. August, 2012.

After a Week of Deferred Action Consultations – Initial Observations

We’ve been conducting Deferred Action consultations for a week now. Time to share some of our insights after seeing the process in action.

To begin with, the response has been impressive. We are consulting with potential applicants, establishing eligibility and beginning to prepare applications.

Deferred Action and Social Security Numbers:

Modern Social Security card. (Photo credit: Wikipedia)

One of the issues we came across is the use of multiple or false Social Security numbers. This could be a potential problem as the I-765 (application for employment authorization) asks for all Social Security numbers ever used. At this point there are no test cases to show how this issue will be treated so we do not know what the full implications of using a false Social Security number. We advise anyone who might have used multiple or false Social Security numbers to exercise caution when applying for Deferred Action. As usual we cannot guarantee approval but USCIS is looking at each applicant on a case-by-case basis.

Deferred Action Approval Brings Eligibility for Driver License

Sarasota Immigration Attorney Victoria Jaensch Karins

I recently learned from my contact in the Florida Department of Highway Safety that those who are granted Deferred Action and whose work permit has been applied for or approved can apply for a Driver License.

In addition to the having Deferred Action status and having applied for the EAD, applicants for a driver license will need to provide a valid government-issued document, two (2) proofs of residential address and proof of social security number (if one has been issued), along with the deferred action letter from DHS.

For more information please see our earlier article titled, “How Does an Immigrant Get a Driver License?

Sarasota Presents Opportunity for International Dancers

Sergiy Mykhaylov, a Sarasota immigrant, danced for some of the best ballet companies in the world then founded his own ballet school in Sarasota.

Sergiy Mykhaylov recently stopped by our office to let us know about the Russian School of Ballet he founded on University Parkway. The school teaches the Vaganova Method which is the foundation for most classical ballet and, according to Sergiy, “the best in the world.”

Chris Jaensch with Sergiy Mykhaylov

Darya Fedotova also graduated from The National Ballet School of Ukraine. She danced for 5 years with the National Ballet of Ukraine and later joined the Classical Ballet of Paris as a soloist. In 1997 she was invited to work with the Orlando Ballet and in 2001 she also joined the Sarasota  Ballet. She comes from a prominent ballet family. Her parents danced for the National Ballet of Ukraine and now direct the Russian School of Ballet Orlando.

The School of Russian Ballet Sarasota now enrolls 80 to 85 young students. Along with Sergiy and Darya the school employs 3 other teachers. Their full repertoire includes jazz and modern dance as well as ballet. They accept students of all ages who are interested in dance.

The School of Russian Ballet has several events coming up:

• August 18 Open House for parents and children
• Season begins on August 20
• Performance of The Nutcracker on December 9, 2012 in the Sarasota Opera House
• Performance of Cappelia sometime in April, 2013.

All who are interested should contact the Russian School of Ballet:

8029 Cooper Creek Boulevard

University Park, FL

(941) 962-6664

Sarasota International Business Lunch

A few weeks ago, Jaensch Immigration Law Firm was invited to attend the annual International Business Lunch hosted by Jorge Chacon and the Gulf Coast Latin Chamber of Commerce. The International Business Lunch was started as a way to build connections between Florida’s Sun Coast and Latin America.

Michael Marquet, Marketing Coordinator at Jaensch Immigration Law Firm, attended the lunch along with representatives from several US-Latin American Chambers of Commerce, local business people and county commissioners.

The topic of discussion this year was Colombia. Jay Almeida, President and CEO of the International Business Council of Florida, spoke about the opportunities that this now largely peaceful country presents. Colombia has signed several new free trade agreements in recent years. Their free trade agreement with the United States was ratified this spring. Both sides stand to gain from the opening of Colombia’s economy to trade. Colombia’s proximity to the United States makes it an ideal gateway for goods coming into or out of South America. Moreover, Colombia’s lack of a large government debt and low inflation rate make for stable economic projections moving forward.

Jaensch Immigration Law Firm can enable any international entrepreneur or investor who wants to come to the Sun Coast to do so legally and for an extended period of time.

Michael enjoyed making new connections at the lunch. Some of the people he met were:

Hosts Jorge Chacon and Jose Mendez

Manatee County Commissioners Larry Bustle and John Chappie with Carlos Buqueras, Director of Port Manatee

Host Jose Mendez with business consultant Luis Soto.

From left to right: Jorge Chacon, Cesar G. Gomez, Jay Almeida, Hasmukh and Nina Ghandhi

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

New Employment Authorization Form to go with Deferred Action

Jaensch Immigration Law Firm recently received a corrected practice advisory regarding the employment authorization form that will be filed with Deferred Action applications. The earlier procedure erroneously linked the Deferred Action application to the current Form I-765 (Application for Employment Authorization) and advised that this form should be filed concurrently with the deferred action application.  However, USCIS has said not to use the current form.  USCIS expects to make available a new employment authorization application form on August 15, 2012.

In Related News: Underestimating Deferred Action (from ILW.com)

Related Articles:

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

International Home Buyers Find Sarasota

Official logo of Sarasota, Florida (Photo credit: Wikipedia)

Sarasota, the Gem of Florida’s Gulf Coast, is located about fifty miles South of Tampa and is a year round cultural and outdoor destination for 100’s of thousands of visitors annually.

Many vacationers get “sand in their shoes”, which is a local term for the need to find a way to relocate or at least retire here.

Sarasota is home to a Symphony Orchestra, Ballet, Opera, many fine live theaters and lots of  golf courses. The “social season” runs January through May, with many black tie charitable fund raising events occurring in that period. That is also the time period that people escape the northern winter for a more welcoming climate.

Entrance to the Ringling Mansion “Ca’d’Zan”: Sarasota, Florida (Photo credit: State Library and Archives of Florida)

Siesta Beach, which has sand the consistency of sugar, was voted the number one beach in THE WORLD in 2011. Sarasota also boasts the world renowned Ringling School of Art and Design and the Ringling Fine Art Museum.

Vacation rentals are abundant here, whether you prefer Carlton-Ritz style accommodations, or a laid back motel on the beach, Sarasota will fulfil your tropical holiday dreams.

Wallace Erickson, TRC, Global Business Council Vice Chair
The Realedyne Group – Global Realtor and mini/MAX Storage, Owner:

3945 Sawyer Road

Sarasota, FL 34233

Cell 941-374-0920 (Best)

Fax 941-923-1440

email: realedyne@aol.com

website: we.mfr.mlxchange.com

Find out more about how to use a real-estate based strategy to qualify for an E-2 investor visa.

Recien Anunciados Requisitos para la Accion Diferida

1. El USCIS comenzará a aceptar solicitudes para la acción diferida el 15 de agosto del 2012. Habrá una nueva forma que tendrá a su disposición a partir de esa fecha.
2. El gobierno va a cobrar una tasa por procesamiento de $465.
3. El gobierno va a aceptar las solicitudes de autorización de trabajo con la aplicación de la acción diferida, pero hay que demostrar una necesidad económica para ello.
4. Si la acción diferida es aprobada, usted será elegible para solicitar un documento de viaje que le permitirá viajar fuera de los EE.UU.
5. El anuncio se define lo que son delitos y que son faltas importantes que prohiban a los solicitantes. Lo más importante es que DUIs serán considerados delitos importantes, pero algun delito menor de tráfico, como conducir sin una licencia no va a ser considerado asi.
6. El solicitante tiene que estar matriculado en la escuela secundaria, tener un diploma de escuela secundaria o un GED en el momento de la presentación de la solicitud.
7. Creemos que lo mejor es presentar tan pronto como sea posible para evitar los retrasos que se esperan debido a la cantidad de solicitantes
8. No hay opción de un procesamiento más rápido. No pague a nadie para manejar la aplicación que se compromete a obtener más rápido el proceso de su acción diferida para una tasa más elevada
9. No habrá apelaciones o solicitudes de reconsideración de las solicitudes denegadas.
10. El Gobierno describe los documentos que tendrán que ser proporcionados para cumplir los requisitos de la accion diferida. Los requisitos son los siguientes:
    1. Tener menos de 31 años a partir del 15 de junio 2012.
    2. Haber venido a los EE.UU. antes de alcanzar la edad de 16 años.
    3. Estar físicamente en los EE.UU. el 15 de junio de 2012 y en el momento de presentar la solicitud.
    4. Haber residido continuamente en los EE.UU. desde el 15 de junio de 2007 a la actualidad.
    5. Estar en la escuela secundaria, haberse graduado, haber obtenido un GED o haber sido dado de alta honorablemente de las fuerzas armadas de EE.UU.
    6. No haber sido condenado por un delito grave, delito menor significativo, ni tres o más ofensas, y de ningun modo presentar una amenaza para la seguridad nacional o seguridad pública.

Visa Lottery Applicants Should Hold On!

Seal of the United States Department of State. (Photo credit: Wikipedia)

Unselected DV-2013 Entrants Should Keep Their Confirmation Numbers at Least UntilSeptember 2013

As the new fiscal year DV lottery may start in two or three months ahead, people may forget this State Department advice. There are a number of people who entered the DV-2013 lottery registrations but did not make it, partly owing to the agency’s system glitch last year. As part of this episode, the State Department released this advice that they may select additional candidates out of the pool of the existing list of registrants. For this added chances of selection, the entrants should keep in mind two things for another opportunity in October 2012: (1) The Confirmation Number is absolutely necessary when they are selected. (2) Additional selection can be checked only through the Entrant Status Check site. It is thus imperative for them to keep the confirmation number safe to prove entry and come October 1, 2012, start checking status again on Entrant Status Check site of the U.S. Department of State. It is only about seven (7) weeks away!

Deferred Action Requirements

Sarasota Immigration Attorney Victoria Jaensch Karins

Immigration Attorney Victoria Jaensch Karins offers answers to questions concerning the new Deferred Action policy.

As the date of implementation of the new deferred action policy draws near more details about requirements for the application are being released. I recently returned from a meeting concerning the requirements for  Deferred Action and wanted to share information from that meeting. There are still some questions and as we learn more we will add it to the blog. In the meantime, readers can go to www.uscis.gov/childhoodarrivals to find out more.

 Q: When will USCIS begin accepting applications for Deferred Action?

• August 15, 2012.

Q: What will a Deferred Action applicant need to demonstrate?

1. Applicant under age 31 as of 6/15/2012.
2. Came to US before age 16.
3. Continuous residence as of 6/15/2007 for 5 years and physical presence at time of filing.
4. Entered without inspection or status expired prior to 6/15/ 2012.
5. Currently enrolled in school, high school diploma, GED, or honorable discharge from military.
6. Enrollment in school or GED can be after 6/15/2012 so long as it is as of date of filing
7. Not convicted of felony, significant misdemeanor or 3 or more misdemeanors.

Q: How old can I be to apply?

• Applicants must be over 15 to file unless in removal.

Q: Does significant misdemeanor include a DUI?

• Yes.

Q: If I apply and am denied, will I be in danger of deportation?

• No. Information on the application (including information on family members) will not be disclosed to ICE or CBP for removal purposes – in other words, applicants and their family members will not be placed in removal just because they apply and are denied for some reason. However, they will exercise prosecutorial discretion where there are issues of national security, criminal offenses, etc.

Q: What will the cost of applying be?

• Total fee will be $465

Q: Can the fee be waived?

• No fee waivers but there are fee exemptions for certain situations. Fee exemption must be requested prior to applying for Deferred Action (but not prior to 8/15)

Q: Will I need to get my fingerprints taken?

• Yes, applicants will have to get biometrics.

Q: Will there be an interview?

• There will be no interview, except in some cases were fraud may be indicated or for quality control purposes.

Q: If I apply and am denied can I appeal?

• There will be no review or appeal of denials.

Q: Can I apply for an Employment Authorization Document (EAD) at the same time?

• EADs can be applied for at the same time as Deferred Action and will be granted also for two years. Must show economic need

Q: Can I renew my Deferred Action status?

• Renewals of Deferred Action and Employment Authorization Documents will be available in two year increments

See these other articles for more information:

1. “USCIS Aceptará Solicitudes Para Acción Diferida el 15 de Agosto”
2. “Deferred Action Applicants Should Collect Student Records Now“
3. “Sarasota Immigration Attorneys Welcome Deferred Action Announcement”

Senate Passed Extension of EB-5 Program

08/03/2012: Senate Passed Three-Year Extension of Four Sunsetting Immigration Programs

• Yesterday, the Senated passed S.3245 [S. 3245.ES} as amended by unanious consent. This bill proposes to extend by 3 years the authorization of (1) the EB-5 Regional Center Program, (2) the E-Verify Program, (3) the Special Immigrant Nonminister Religious Worker Program, and (4) the Conrad State 30 J-1 Visa Waiver Program for foregin medical graduates. Wonderful!
• This bill initially proposed to make these programs “permanent,” but the amendment was passed just to extend for three years until September 30, 2012. This bill was introduced by Senator Leahy of Vermont and co-sponsored by Senator Chuck Grassley of Iowa, but the amended version was co-sponsored by three Senators, Sen. Grassley, Sen. Hatch, and Sen. Rand. This bill now moves to the House. The House is expect to pass it, but should the House fail to pass it, it will certainly be passed as part of stop-gap funding bill before October 1, 2012.