I Lost My Indian Passport — Help!

Recently, I have been getting referrals from clients about losing their passport from India. Now, losing an Indian passport is a greater deal than losing your US Passport, because there is an established procedure for recovery and reissue of a US Passport.

But recovery and reissue of an Indian Passport is another matter.

The fear of clients who contact me is that they will be turned into either ICE or USCIS because they are out of service. The good news is that there is now a procedure to reapply for a lost passport. However, it is complex.

In my experience, there is a better procedure if your application is filed as a walk-in rather than mailing in the application.

The next complexity is added because the Indian consulate does not update their website often. The result is that the information on the website is often unreliable or out of date. If my client is traveling from outside the consulate area, then I suggest planning the trip in advance to allow for contingencies, such as insufficient paperwork.

Contact us for further information.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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USCIS Enters the Digital Age

In an effort to modernize and systemize immigration policy, USCIS recently launched the USCIS Policy Manual Page. The Policy Manual page will be split into three phases: the first phase is information on USCIS Citizenship and Naturalization policies — following phases will encompass further updates to different areas of immigration law.

USCIS’s new Policy Manual will, at some point, take the place of the current Adjudicator’s Field Manual (AFM). The rejuvenated Policy Manual will digitally streamline most aspects of immigration policy, including policy updates, immigration forms, updated and extended table of contents, and URLs to INA and CFR sections. USCIS will also supply dates for when updates have occurred on the Policy Manual page, which can be found here.

USCIS is making progress towards e-filing and digitizing its data and adjudications. Last May, USCIS introduced its Electronic Immigration System (ELIS) program. The system was created to enable immigration benefit seekers and legal representatives to create an account to file for benefits, and extend visas, online. The program is now moving towards welcoming other visa processes.

Today, immigration law is like a piece of Swiss cheese: if the body of the cheese represents the law, the larger holes are filled in with regulations and the small holes with memos from USCIS Directors. This still leaves some situations unaddressed or ripe for litigation and denials.

The Takeaway

Currently, all the resources for naturalization, laws, regulations, memos and AFM, have been consolidated in the policy manual. We hope highly complex areas, such as H1B visa and L visa filings and adjudications can be consolidated in the policy manual, offering the filer the assurance that all the legal resources related to the filing have been exhausted. This will lend transparency to adjudications and certainty to the law. Dare I dream?

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

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Justice Department Finds Practices of Discriminatory Policing in North Carolina

The Justice Department found that the Alamance County Sheriff’s Office (ACSO) in North Carolina operates in a practice of discriminatory policing, specifically targeting Latinos.

Policing Practices in Violation of the Constitution and Federal Law

By using methods that discriminate against Latinos, ACSO has violated the Equal Protection Clause of the Fourteenth Amendment; the Fourth Amendment; the Violent Crime Control and Law Enforcement Act; and Title VI. ACSO’s modes of discriminatory policing are as follows:

  • ACSO deputies target Latino drivers for traffic stops;
  • A study of ACSO’s traffic stops on three major county roadways found that deputies were between four and 10 times more likely to stop Latino drivers than non-Latino drivers;
  • ACSO deputies routinely locate checkpoints just outside Latino neighborhoods, forcing residents to endure police checks when entering or leaving their communities;
  • ACSO practices at vehicle checkpoints often vary based on a driver’s ethnicity.   Deputies insist on examining identification of Latino drivers, while allowing drivers of other ethnicities to pass through without showing identification;
  • ACSO deputies arrest Latinos for minor traffic violations, while issuing citations or warnings to non-Latinos for the same violations;
  • ACSO uses jail booking and detention practices, including practices related to immigration status checks, that discriminate against Latinos;
  • The sheriff and ACSO’s leadership explicitly instruct deputies to target Latinos with discriminatory traffic stops and other enforcement activities;
  • The sheriff and ACSO leadership foster a culture of bias by using anti-Latino epithets; and
  • ACSO engages in substandard reporting and monitoring practices that mask its discriminatory conduct. (source)

Policing Reforms

The Justice Department’s inquiry allowed for a thorough investigation, comprising of a detailed analysis of ACSO policies, procedures, training materials and records on traffic stops, arrests, citations, vehicle checkpoints and other archived evidence. For the inquiry, the Justice Department also interviewed former ACSO employees and Alamance County residents.

In order to reform ACSO’s discriminatory policing, the police department must accept structural and fundamental change by creating and employing new policies, procedures, and training so as to promote constitutional policing. ACSO must also be held accountable for their actions, and guarantee the Justice Department that any unlawful bias has been eradicated. The Justice Department will request a court-enforced, written document that will help to solve ACSO’s violations.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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Health Law Limitations for Young Immigrants

In June, President Obama was pleased to announce the Deferred Action for Childhood Arrivals (DACA) Memorandum – but with some ineligibilities. The Obama Administration has ruled that young immigrants, who can apply to DACA, will not qualify for health insurance under Obama’s health care renovations.

Young Immigrants Ineligible for Health Law

Normally, immigrants would fall under the definition of “lawfully present” residents, which qualifies them for government subsidies to purchase private insurance, a major facet of the new health care law. However in August, the administration declared that young immigrants will be barred from the definition of “lawfully present”.

Obama’s administration also announced that young immigrants will not be eligible for Medicaid or the Children’s Health Insurance Program – the areas of immigration and health care coverage are separate issues.

Immigration and Health Laws are Unrelated

The administration further justified their decision by stating that the immigration initiative is “an exercise of prosecutorial discretion,” that has been enacted so law enforcement officers can differentiate between immigrants who will cause a threat to national security or public safety.

According to the new federal health law, only citizens and “lawfully present” low-income immigrants are eligible for insurance subsidies. This group still includes green card holders and people granted asylum.

Immigrants who are employed, and qualify for DACA, will still be able to receive health insurance from employers; however, those who are not covered by employers will struggle to gain coverage.

(NYTimes, “Limits Placed on Immigrants in Health Law”, 18 Sept 2012)

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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How Employers can Reduce Audit in PERM Filings for Roving, Telecommuting and Traveling Employees

The tech industry is facing many challenges today, notably denials from the Department of Labor (DOL) based on very little understanding of how the industry works. Most large employers in the sector are not the ‘job shops’ that USCIS fears; and DOL is convinced the tech industry is engaged in fraud of some kind, or is somehow interested in recruiting foreign workers when willing and able US workers are available!

US employers in this sector pay a premium in governmental application costs and legal fees because they are unable to find a suitable worker in the advertised job. In fact, most recruiters I speak to would prefer to hire locally rather than internationally.

Both USCIS and DOL target employers who file for an employee with job duties involving roving, telecommuting or travelling; USCIS has recently issued guidance on roving employees placed at client worksites, in the H-1b visa context. DOL continues to audit and issue denials for roving, travelling or telecommuting positions. Current audits require employers to define employees’ positions as either national or regional roving without a residential requirement, or roving with a residential requirement. Additionally, DOL has expressed concern that these jobs may not be bona fide opportunities for the positions advertised at the intended place of hire; and, in the case of roving employees with no fixed ‘intended area of employment’, the location chosen to advertise the job opportunity and the wage may be artificial and misrepresented by the employer.

Where to Advertise for Roving Employees

In the past few years, DOL has audited and denied applications where the residential address of the employee does not match the location of employment. DOL decided that this position was for a telecommuting employee, a benefit the employer did not disclose in the advertisement for the position and therefore not disclosed to an eligible US applicant, but offered to the beneficiary as a benefit. A PERM application can also be denied based on job advertisements in the incorrect Metropolitan Statistical Area (MSA). The employer advertised the job where the client worksites were located, instead of the MSA where the employer’s headquarters was located.

In Paradigm Infotech, Inc (BALCA, June, 2007), the employer advertised the roving position in Erie, Pennsylvania where the client worksite was located, instead of the company headquarters. To reach the PERM denial, DOL conducted research on the employer. DOL ascertained that the employer’s headquarters was in Columbia, Maryland as confirmed by employer’s tax records and DOL interviews with employees. DOL also performed site visits to the Erie location of the employer’s branch to ascertain that sufficient office space existed, and parking space was available for the number of employees who were supposed to work there, in accordance with employer’s documentation filed with Board of Alien Labor Certification Appeals (BALCA). Based on short term contracts with client companies, inadequate office space at Erie, and payroll records that confirmed that employees worked at different locations, PERM labor certification was denied by DOL and the denial was upheld by BALCA. BALCA reasoned that the employer needed to test the labor market at the place where the alien was working, and since this was a roving employee and that geographical area of the labor market was unknown, the job market to be tested for PERM purposes was located at the employer’s headquarters.

Following Paradigm, employers with large business units away from company headquarters should also advertise at headquarters location. This is confirmed by the Barbara Farmers Memo: ETA Field Memorandum 48-94§10, published by DOL in 1994 and still followed by DOL.

Prevailing Wage Issues

Employers should also file to obtain prevailing wage determinations from DOL in all the intended areas of potential work sites for the foreign worker. Future locations can be determined from itineraries and statement of work signed with the end client.

Employers with International Locations

In August 2012, BALCA upheld that advertisements in the PERM context also include ‘travel requirements’. The employer in M-IL.L.C., filed a PERM for an employee who was required to travel to international locations as part of the job requirement. This fact was listed on the PERM application Form 9089 and the prevailing wage determination, but not listed on the advertisement for the job opening. 20 C.F.R. § 656.17(f)(4) states, “Advertisements placed in newspapers of general circulation or in professional journals before filing the Application for Permanent Employment Certification must… indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.” The employer’s advertisements did not include the travel requirement. Denial was based on the fact that travel requirements listed on the PERM application and the prevailing wage determination was not matched by the advertisement for the position.

Conclusion

While we cannot with certainty expect every PERM filing with travel requirements to be audited by DOL, we must certainly file like that is a very real possibility. Any filing with the DOL is subject to audit, even if in the past those very same requirements were certified by DOL. The safest course in our uncertain climate is to match information on the prevailing wage with the PERM form, and the employer’s advertisement requirements for the position advertised.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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Should lawyers have a business plan?

Today, I was interviewed by Helen Gunnarsson who writes for the Illinois Bar Journal. She asked a very good question–do lawyers need a business plan?

I asked my law practice management class at St. Louis University Law School to end the class with a presentation of a business plan for their future practice. I think business plans give a lawyer a base on which to practice; we are not in isolation anymore. There is tremendous competition for the same legal dollars from everywhere, within the city, state, multi-jurisdictional firms, large volume document processors and traditional law firms.

This competition demands that we deliver legal services for a lower price; even large corporate clients have become value conscious, which means that the little gal or guy better measure up and perform. So what does this signify for us, the little guys and gals? To measure up and deliver value measured legal services, we need to identify our target client and ethically market to that client.

Lawyers are not just business-people, they also have to practice and deliver within the bounds of the rules of ethics. Just because we find that our best client is usually at the emergency room in a hospital or in an ambulance, does not imply we can accost the prospect there to convert them into clients!

Having a strategic plan also requires that we must use social media and have a website, but market ourselves within the limits of our state licenses. I use my strategic plan to identify my market, define where the prospect is located and target my best marketing skills and media to that client. Hence my strategic plan must have a plan for using social media and my current clients. You need both because the law is not yet a commodity, although some parts of it are heading in that direction. I deliver quality services to my current clients who refer other clients to me.

I have a plan on how I use my Linkedin, Facebook and blog accounts. The audience and message on these media are highly focused and the fact that your marketing plan needs to match your audience.

See you in my next blog.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2011. All rights reserved.

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Enjoying Your Life

I guess you could ask me why I am writing about enjoying life rather than about some legal topic that I usually blog about. I have realized that I need to enjoy my life in order to enjoy coming to work everyday and dealing with clients’ problems. So how do I enjoy life?  Friends online and in real life; exercise and the outdoors. This weekend I went to Forest Park in St. Louis, Missouri. I rented a paddle boat, the kind you paddle with your feet. It is a lot harder than it looks! The day was beautiful, the fountains were spewing water everywhere, and the wind carried the spay with it! As I watched, four wedding parties came and went, took pictures with their friends, jumped in the air for an action shot. It took me about an hour and twenty dollars, but it was invigorating and renewing. Just the thing I needed to face Monday.

Fall colors at Creve Coeur Lake Park, Creve Coeur, Missouri

Forest Park Lake, St. Louis, Missouri

See you in my next post.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2010.  All rights reserved.

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My Book

I think I will write an update to my book. I already have several ideas, like how to set and collect fees, virtual presence and marketing. The next edition will be offered on my website www.lawyersyoucantalkto.com as an e-book. But let us talk collections.

Value and efficiency are the ‘buzz’ words; clients like to know what they are being charged and why. ‘Transparency’ is key. Costs should be transparent to the client. The bill should be detailed and show each step and procedure performed, dates, time and who performed the service. This applies to any service business, especially those governed by ethical rules. It is a very basic idea. Reduce costs to increase profits. I periodically evaluate my marketing plan and advertising costs. Ditched the yellow pages last week over strenuous objections from the sales representative. No doubt I affected his bottom line, but his bottom  is my saving. All I ever got from the hard yellow pages was price shoppers. After 7 years, I nixed the ads and saved myself a bundle. Build it and they will come has gone out the window. Time to beef up your online presence!

See you in my next post.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2010.  All rights reserved.

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Opening a Virtual Office

Starting a new business and want to look professional? Rent a virtual office. That is what many businesses and professionals are discovering. A virtual office gives you a live voice to take messages, a receptionist to take delivery of mail and a professional place to meet clients and customers. If you are working from home and cannot meet clients/customers there, this is a great way to office on a shoestring. Some office buildings charge slightly extra to put your company name on the listings in the building. You could also use the phone number as your own in the directory. You can book a conference room in advance for meetings, presentations and slide shows. A great idea for professional women working from home who cannot meet clients for safety and privacy reasons. It is economical too! So of course there had to be one jurisdiction that hates the idea. 

In New Jersey, lawyers are not allowed to use virtual offices because it violates the State rules of professional responsibility. Lawyers in New Jersey must be available to clients to answer questions posed by courts and clients. Lawyers practicing out of their homes in New Jersey can still practice there as long as they can meet clients at home. For more details, click here. The question is, what about cities which don’t allow the business to put out a shingle? I live in one such city in Missouri, part of the reason I considered a virtual office. Part-time attorneys and part-time business owners may also like the idea of a virtual office. Such a pity that New Jersey has to be so ‘stone age’.

See you in my next post.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2010.  All rights reserved.

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