USCIS Update
Category: News
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Visa Fees Increase
US State Department – 12/13/2007
Media Note Office of the Spokesman Washington, DC December 13, 2007
Application Fees for Non-Immigrant Visas to Increase On January 1, 2008
Effective January 1, 2008, the application fee for a U.S. non-immigrant visa will increase from $100 to $131. This increase allows the Department to recover the costs of security and other enhancements to the non-immigrant visa application process. This increase applies both to non-immigrant visas issued on machine-readable foils in passports and to border crossing cards issued to certain applicants in Mexico.
Applicants who paid the prior $100 application fee before January 1 will be processed only if they are scheduled and appear for a visa interview before January 31. Applicants who paid the prior $100 application fee and appear for visa interviews after January 31, 2008 must pay the difference — $31 — before they will be interviewed.
The Department is required by law to attempt to recover the cost of processing non-immigrant visas through the collection of the Machine-Readable Visa application fee. Because of new security-related costs, new information technology systems, and inflation, the $100 Machine-Readable Visa fee is lower than the actual cost of processing non-immigrant visas. In fact, the $100 fee was already lower than the cost of processing non-immigrant visas when the fee was reviewed as a part of the cost of service study in 2004. The Department has been absorbing the additional cost. We are now collecting 10 fingerprints from each applicant, and the cost charged by the FBI to review those fingerprints no longer allows us to do this. The application fee has increased twice since September 11, 2001, the last time in 2002.
2007/1133
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Travel Advisory
U.S. Customs and Border Protection – 03/21/2006
Beginning May 1, 2006, German temporary passports (or emergency passports) will no longer be valid for travel to the U.S. under the Visa Waiver Program (VWP). Regular, official and diplomatic German passports (with a digital photo if issued after October 26, 2005) remain valid for Visa Waiver Program travel, per the current VWP passport requirements. Travelers in possession of German temporary or emergency passports who intend to travel to or through the U.S. must either obtain a valid, machine-readable German passport for VWP travel or apply for a visa to travel to the U.S. Germany remains a designated country in the Visa Waiver Program, and its citizens with regular passports may continue to use the program for business and tourism travel to the U.S. Regular full-validity German passports are unaffected by this decision. Working closely with the State Department, DHS will reach out to our travel and tourism partners and the German government to ensure that all German Citizens traveling to the United States are informed about these travel document requirements. For more information about the Visa Waiver Program or how to apply for a U.S. visa, please visit the travel section of the U.S Department of State website ( Travel at the U.S. Department of State ) or the Department of Homeland Security website. ( DHS ) U.S. Customs and Border Protection (CBP) is the unified border agency within the Department of Homeland Security charged with the management, control, and protection of our Nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.
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SSN Not Needed to Begin Working
AILA InfoNet Doc. No. 06022160 – 02/21/2006
AILA’s SSA liaison committee notes that contrary to popular belief, neither immigration law nor federal tax law requires an individual to possess an SSN to begin working. IRCA does not require an employee to present an SSN Card but, rather, lists the Card as a possible List C document of work authorization. Similarly, the Internal Revenue Code does not require an employee to possess an SSN to begin working. It requires only that an application for an SSN be made within seven days of commencing employment for taxable wages. 26 USC Section 6011; 26 CFR Section 31.6011(b)-2. Usually, the real obstacle to commencing employment is the software of a third-party payroll preparer, which cannot generate a paycheck without the number. Under these circumstances, if permitted by its system, the preparer can use a dummy SSN solely to generate a paycheck, provided the actual SSN or other required information is provided on the information returns at the time of filing. Further instructions are on the SSA website at www.ssa.gov/employer/. For further information, see Social Insecurity: Aliens, Employers, and Social Security Requirements, 2 Immigration & Nationality Law Handbook, 367 (2004-05 Ed.).
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Basic Mediation Information
References in this article are for family and circuit court cases. Requirements for mediation in county court may be different.
In the last 10 to 15 years, mediation has become an essential part of the civil law system in the State of Florida. Without it, our overworked courts would be overwhelmed and the civil justice system might well grind to a halt.
Mediation is the process by which individuals who have a dispute, whether in a civil or family law case, meet with a mediator to try to resolve their differences without having a trial before a judge, and in some cases, a judge and jury, if applicable.
The mediator is a neutral person, usually an attorney, with a minimum of five (5) years experience practicing law. The mediator must also attend a mediation course, taught by seasoned professionals. The mediation course is very thorough and lasts about forty (40) hours. The mediator is usually agreed upon by the attorneys in the case. People who have a dispute, but are not represented, may also use a mediator.
Mediation is mandatory in all civil and family law cases filed in the State of Florida. No civil of family law case may go to a final hearing unless the parties have first attended mediation.
Mediators facilitate communication between the parties to a dispute. Mediators allow the parties to a dispute to explore all avenues of settlement in a cordial and professional environment. Mediators help the parties to a dispute, by explaining the law to the parties when necessary. Mediators cannot and do not impose or force a settlement in a case.
Mediation has many advantages. Some of which are: the cost of mediation is much cheaper than a trial in a case. Mediation costs are equally divided between the parties; the parties have the power to settle a dispute and therefore, feel empowered when they settle, rather than a Judge or Judge and Jury imposing a verdict upon the parties; attending mediation is far less imposing and intimidating than going to trial; all that is discussed in mediation is confidential. You can speak freely and not have it used against you. Therefore, there is no risk and a lot to gain. Mediation can bring closure to litigation, which may take a very long time before going to trial. With court dockets, plugged with cases, it can take months, sometimes years, before getting to trial. However, most mediators are available on relatively short notice, to attempt to resolve cases; and mediation allows for creative solutions to complex problems, which a court may not consider.
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Pre-Marital Agreement
If you are contemplating getting married in the State of Florida, you should consult an attorney about a Pre-Marital Agreement. A Pre-Marital Agreement offers many advantages. It protects assets and can provide for an orderly distribution of assets acquired during the marriage. It can also limit or completely eliminate the obligation of alimony. It can provide for the amount of money a spouse must contribute to marital expenses during a marriage. However, one thing a Pre-Marital Agreement cannot do is limit or waive an obligation of child support.
To be valid, a Pre-Marital Agreement must be prepared in accordance with Florida law; each party to the agreement must make full, fair and complete financial disclosure; each party must have ample opportunity to review the agreement; neither party can exert any undue influence or coercion upon the other party; and each party should have their own attorney.
If you are thinking about a Pre-Marital Agreement, whether having one prepared, or having one reviewed, contact us to schedule a consultation. We look forward to meeting you.
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Basic Divorce Law
If you live in the State of Florida, are married, and are thinking about getting divorced, there is a lot to consider. Since Florida law is very detailed and case-specific, you should consult with an attorney prior to beginning divorce proceedings. The information contained in this article is basic, does not cover all aspects of divorce law, and is meant only to provide a general overview.
To file for divorce in Florida, a Petitioner (the person filing) must allege, at a minimum that: they are legally married, one of the parties to the marriage must be a resident of the State of Florida for at least six (6) months before filing the divorce; the marriage is irretrievably broken; the Respondent (the person not filing) should not be on active duty with the Armed Forces of the United States(*see endnote*), and the Respondent is not incompetent.
If a child or children were born as a result of the marriage, a primary residential parent should be designated. Child Support must be established in accordance with Florida law and in accordance with the Florida Statutes. A visitation schedule should be established, including holiday visitation.
All assets acquired during the marriage, including real estate, furniture, bank accounts, jewelry, pensions and retirements, automobiles, stock and bonds, and IRA’s (individual retirement accounts), must be divided. Equally, all debts acquired during the marriage must be divided. Such debts include loans, credit card bills, mortgages, and equity lines. This division of assets and debt is called equitable distribution.
In some cases, alimony may be appropriate. Alimony is support paid by one party, who has the ability to pay to the other party who has a genuine need for it. Florida Statutes outline the criteria which allow for alimony to be paid or awarded. There are different forms of alimony. They are permanent, rehabilitative, lump sum, and bridge the gap.
The attorneys at Langstadt Pauly Chartered have over sixteen (16) years practicing Family law. If you are considering getting a divorce, or you have been served with divorce papers, please contact us to schedule a consultation so that we can advise you of your rights.
_____________* Individuals on active duty in the US Armed Forces are subject to the Soldiers and Sailors Relief Act of 1940, and therefore certain special rules apply.
