Showing posts with label tourist visa. Show all posts
Showing posts with label tourist visa. Show all posts

Thursday, April 19, 2018

Fraud in Obtaining US Visas

Fraud in Obtaining US Visas


Every year, hundreds of thousands of Filipinos apply for a U.S. visa, whether it be for tourist purposes or to become an immigrant to live out the American dream. However, some have found the process to be too long or the risk of denial to be too great. To ensure approvals, they look to other avenues for help in getting their U.S. visas approved so they can enter the United States. 

Some make use of visa agents who assure the approval of U.S. visas. Some visa agents provide their clients with documents such as fake passports or identities with an approved U.S. visa. They assure their clients that it is okay to travel under the fake documents. Other visa agents provide fake documents such as bank books, bank certifications, deeds of sale of real property, tax documents and business registration certificates to prove financial capacity to travel to the United States and to establish legitimate ties to their country of origin. Those seeking U.S. visas pay fees ranging from exorbitant, non-refundable fees for orientation, coaching and the fake documents. If they are successful in their visa applications, the applicants are required to pay their visa agents a “success fee,” which is just as exorbitant, if not more. 

In scenarios like these, it is not just the visa agencies that may be criminally charged. The applicants will also face consequences such as deportation for their use of fake documents.

On the other hand, some make use of recruiters who take advantage of the applicant’s economic needs. As it could take years for visas to be approved, it is hard to predict what needs will have to be met by the workers. Recruiters have the advantage of being able to move people around according to the demand. However, applicants don’t realize the underlying risks of signing with a recruiter. There are some instances where the applicant signs contracts wherein their recruiters take a percent of their salary or they are paid less than the minimum wage. The recruiters hold them hostage to their contracts through the constant threat of deportation. The workers become especially vulnerable due to their lack of knowledge and understanding of what it takes to get a new contract to maintain their visa. 

Applicants from the Philippines should be wary of visa agencies and recruiters that are using illegal means to obtain a visa to the United States. They should be more circumspect in choosing immigration consultants lest they fall victim to unscrupulous groups. In doing so, applicants should be informed that only licensed attorneys can legally offer immigration assistance. 



Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Tuesday, June 13, 2017

US IRS Debt: Can you travel?


INTRODUCTION
If you are a U.S. Citizen in the Philippines and owe back taxes, you may have heard that your passport may be revoked. That is true, so if you are in this situation this article will be of interest to you.

The Law
Tax code Section 7345 is labeled, “Revocation or Denial of Passport in Case of Certain Tax Delinquencies.” The law isn’t limited to criminal tax cases, or even cases where the IRS thinks you are trying to flee. The idea of the law is to use travel as a way to enforce tax collections. It was proposed and rejected in 2012. But by late 2015, Congress passed it and President Obama signed it.

The IRS web Site says this...

IRS Site
Revocation or Denial of Passport in Case of Certain Unpaid Taxes
The IRS has not yet started certifying tax debt to the State Department. Certifications to the State Department will begin in 2017, and this message will be updated to indicate when the process has been implemented. The content presented here is for informational purposes only.
(as of today June 10, 2017, it has not changed)

If you have seriously delinquent tax debt, IRC § 7345 authorizes the IRS to certify that debt to the State Department for action. The State Department generally will not issue a passport to you after receiving certification from the IRS.

See https://www.irs.gov/businesses/small-businesses-self-employed/revocation-or-denial-of-passport-in-case-of-certain-unpaid-taxes for more details and links.

Upon receiving certification, the State Department shall deny your passport application and/or may revoke your current passport. If your passport application is denied or your passport revoked and you are overseas, the State Department may issue you a limited validity passport good only for direct return to the United States.

Certification Of Individuals With Seriously Delinquent Tax Debt

Seriously delinquent tax debt is an individual's unpaid, legally enforceable federal tax debt totaling more than $50,000* (including interest and penalties) for which a:
  • Notice of federal tax lien has been filed and all administrative remedies under IRC § 6320 have lapsed or been exhausted or
  • Levy has been issued
Some tax debt is not included in determining seriously delinquent tax debt even if it meets the above criteria. It includes tax debt:
  • Being paid in a timely manner under an offer in compromise accepted by the IRS or a settlement agreement entered into with the Justice Department
  • For which a collection due process hearing is timely requested in connection with a levy to collect the debt
  • For which collection has been suspended because a request for innocent spouse relief under IRC § 6015 has been made
So what can you do?
  1. Seriously - Don’t be 'seriously delinquent.' A seriously delinquent tax debt is a key term. If you don’t have one, your passport is safe. So if you owe the IRS back taxes, keep your debt below $50,000. This however includes penalties and interest, so beware. A $20,000 tax debt could eventually grow to $50,000. And be careful, once your tax debt is labeled 'seriously delinquent,' you paying it down to $49,999 may not help. The IRS will not reverse a certification because the taxpayer pays the debt below $50,000.
  2. Keep it going - Keep your dispute with IRS going. You can usually contest tax bills if you do so promptly. The IRS usually sends multiple notices for any tax debt, and you should respond. Explain why the IRS is incorrect, and keep protesting. If you receive an IRS Notice of Proposed Deficiency or Examination Report, respond. It is sometimes called a "30-day letter," because of the deadline for response. Prepare a protest, and sign and mail it before the deadline. Keep a copy, and proof of mailing, preferably certified mail. Normally a protest will land you in the IRS Appeals Office, where you have another chance to resolve it.
  3. Go To Court - Go to Tax Court. If you fail to protest or you don’t resolve your case at IRS Appeals, you probably will receive a Notice of Deficiency. An IRS Notice of Deficiency comes via certified mail. It is often called a "90-day letter," because you have 90 days to respond. Only one response to a Notice of Deficiency is permitted: filing a Tax Court petition in the U.S. Tax Court clerk’s office in Washington, D.C. The U.S. Tax Court cannot hear your case if you miss the 90-day deadline. You want to keep your tax dispute going so the tax debt does not become final.
  4. Extend - Get extensions. You can sometimes get extensions from the IRS, so keep communicating. For many notices, the IRS will grant an extension of time to respond. In some cases, though, they can’t. For example, when you receive a Notice of Deficiency (90-day letter), you must file in Tax Court within 90 days, and this date cannot be extended. Most other notices are less strict. If you do ask for an extension, confirm it in writing. In fact, confirm everything you do with the IRS in writing.
  5. Communicate - Communicate with IRS. If you get a certification that your debt is 'seriously delinquent' contact the phone number listed on the IRS Notice. If you’ve already paid the tax debt, send proof to the address on the Notice.
  6. Need Proof - Prove you need your passport. If you need your U.S. passport to keep your job, once your seriously delinquent tax debt is certified, you must fully pay the balance, or make an alternative payment arrangement to keep your passport. Once you’ve resolved your tax problem with the IRS, the IRS will reverse the certification within 30 days of resolving the issue.
  7. Agree - Make an installment agreement. It is often not too hard to get an installment agreement with the IRS to pay your tax debt over time. If you sign one, stick to its terms. Even if your debt is huge, the IRS doesn’t call it 'seriously delinquent' if you are paying the installments on time.
  8. Settle - Offer in compromise or settlement. You can also try this route too to settle with the IRS. If the IRS accepts an offer in compromise to satisfy the debt, the rest of it can be forgiven. See IRS Offer in Compromise and IRS Payment Plans, Installment Agreements. In some cases, the Justice Department too can enter into a settlement agreement to satisfy a tax debt.
  9. Innocent - Innocent spouse relief. If the tax debt was your spouse’s, and you are saddled with it because of joint tax returns, you might qualify for innocent spouse treatment. This is a separate big topic, and rules are more complex than you might think. See IRS Tax Topic 205, Innocent Spouse Relief. However, it's significant that the IRS can suspend collection efforts if you request innocent spouse relief (under IRC Section 6015)
  10. Due Process - Due process. There are many taxpayer protections when it comes to IRS collections. One set of protections is collection due process hearings. If you make a timely request for a collection due process hearing in connection with a levy to collect the debt, you may at least buy time to work out a deal with the IRS. See Taxpayer Advocate 2016 Annual Report to Congress, Appeals From Collection Due Process Hearings Under IRC §§ 6320 and 6330.
Finally
Before denying a passport, the State Department will hold your application for 90 days to allow you to:
  • Resolve any erroneous certification issues
  • Make full payment of the tax debt
  • Enter into a satisfactory payment alternative with the IRS
By all means, contact an attorney to help you before you find yourself stranded.


Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Friday, June 2, 2017

Pregnant Travel:What you need to know!

So you are pregnant and want to travel?


Pregnant Travel

Getting travel visa if you are pregnant

While you may not plan on giving birth while traveling, you need to keep some things in mind, especially when doing your interview with the admitting U.S. Customs and Border Protection (CBP) Officer for travel to the USA.


Most important, do not lie in your Interview!!! 
- Ryan Barshop, Atty.


 Is this your goal?

Although there are no specific regulations prohibiting pregnant foreign nationals from entering the U.S., entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer.

If the interviewer thinks Citizenship  is your only goal, expect the tourist visa to be denied. If your due date is before your planned return date, expect the tourist visa to be denied. If you say your due date is beyond your travel return, yet your baby bump looks like a watermelon in your belly, expect the Visa to be denied. 




So can you tell the truth that you want to go to USA to give birth, and get that approved?  Yes, you can, here are some reasons that might justify that. 

You may get approved even if you are near term if:

  • Your spouse is a USA Citizen;
  • You want to use USA Doctor or Hospital for medical reasons;
  • You want to use USA Doctor or Hospital for personal or family reasons;
  • You can afford (including insurance) to get the medical procedures done in the USA;
  • Bottom line as long as you have a better reason that JUST USA Citizenship, you may be approved.

Also, Medical Tourism to the Philippines is common, but there is no advertised Medical Tourism to the USA so don't try to use that as a reason.

Best of luck, but to be safe consult and immigration attorney.



Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Wednesday, May 10, 2017

Getting Married to an American citizen on a Tourist Visa: Know the risks

Getting Married to an American citizen on a Tourist Visa: Know the risks

If you are applying for a US tourist visa for purposes of marriage to an American citizen in the United States during your brief stay in the country and hope fast track your legal status from tourist/ visitor to immigrant, then you must think twice before doing it.

While love does move “in mysterious ways”, proving the validity of a whirlwind marriage to the probing eyes of United States Department of State can be extremely difficult and may hold unfavorable and devastating consequences to you and your fiancé/ fiancée.

Similarly, if your intention to obtain a tourist/ visitor visa is to marry an American citizen in the United States with the promise of coming back after your limited stay expires, that may still not guarantee you an approval from the US Embassy.

What are the risks?

Although you may reason that true love is the ultimate cause of your whirlwind marriage to your American citizen fiancé/fiancée, the Embassy is not easily get convinced that you are telling the truth. Due to the number of cases of visa fraud involving non-immigrants using their US tourist visas to hasten the process of applying for permanent residence by marriage to their American citizen lovers during their brief stay in the United States as tourists, your case, more than likely, will be an item for investigation.

Once the Embassy conducts a field investigation and you fail to prove that your intention to get married is not to hasten the process of obtaining immigrant status by immediately applying for permanent residence after the marriage, allowing you to have a reason to extend your stay in the United States, then you may face fraud charges and possibly be banned from entering the United States. Your US citizen fiance at the same time may be subjected to criminal prosecution if it is proven that he/ she took part in assisting with fraud.

What is the better option?

Because nothing is impossible, coming to the United States on a tourist visa and meeting someone who is an American citizen and marrying that someone during the tourist visa holder’s brief stay can happen. It can even be a viable reason for the tourist to adjust their status from a visitor to permanent residency after the marriage but the potential risks of proving that the couple’s intentions are pure and not fraudulent can still be a looming possibility.

There are many other ways to get married and obtain immigrant status in the United States but they have certain requirements that involve a lengthier process. Sometimes, for various reasons ranging from poor health to financial constraints, applicants trying to get to the United States on a permanent basis through marriage find ways to shorten the process by resorting to illegal and fraudulent means such as using a tourist visa instead of properly applying for a K1 or Fiancé/ Fiancée Visa.

What’s the difference between a tourist/ visitor visa and a K1 visa?

There are two kinds of visitor visas, a "nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence".

A tourist/ visitor visa is obtained by people who want to stay in the United States on a temporary basis.

Technically, a tourist visa falls under three categories.

The B-1 tourist visa is obtained for business purposes. The B-2 tourist visa is obtained for pleasure such as tourism, vacations or for visiting purposes. The B-1/B-2 tourist visa is a combination of both.

According to the US Department of State, obtaining permanent residence is not allowed on visitor visas.

To find out what are permitted and not permitted on visitor visas, here.

On the other hand, K-1 visa is a non-immigrant visa that allows the applicant to get married with his or her American citizen fiancé/ fiancée for a limited time in the United States. This type of visa allows the applicant to obtain permanent residence after the marriage ceremony has taken place and the proper application for permanent residence had been filed.

To get more information about K-1 visa, you may visit the USCIS website or click here.

I want to know more about my options, who can I contact?

Consulting a licensed immigration attorney is the best option if you want to know more about getting married in the United States with your American citizen fiancé/ fiancée without fear of facing potential legal risks and consequences.

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Friday, May 5, 2017

How Difficult is it for a US Citizen to bring his/her Filipino/Filipina Partner/Spouse to the United States for a Visit?

How Difficult to Bring Partner in US for Visit

Easy if you know the ins and outs!
  1. The common misconception is that all it takes is money in the bank. That is a factor, but not the only factor.

  2. The key to focus on is the US Embassy's determination if the visa applicant has established "sufficient ties." This a broadly defined term and it eventually boils down to whether the interview American consular officer is convinced that the Filipino visa applicant will come back upon the conclusion of their trip.

  3. If the "ties" are substantial like the following you are more likely to be approved:
    • The Filipino/Filipina has an ongoing business here;
    • Membership in Philippine Organizations such as Church or Charities;
    • Children in Philippine Private School
    • Any subjective factor in the eyes of the interviewer.

  4. The following may NOT be viewed as sufficient "ties"
    • Just having children, especially teens;
    • Bank Accounts;
    • Jobs, especially if the Philippine Job is not unique to the Philippines
    • Land or other fixed assets as they can always be sold;
    • Here too if in the opinion of the interviewer there are insufficient ties.
This is not intended to hassle anybody, so getting up tight or irritated is not going to be helpful.

Be prepared but not scared. Be honest and cooperative. Any sense of evasion may mean a denial of the Visa.

If you are turned down there is a waiting period to reapply. If they judge there was deception the denial may carry additional restrictions. We will talk about the appeal and reapply process in future blogs.

How to Apply
  1. Pay the visa application fee.

  2. Complete the Nonimmigrant Visa Electronic Application (DS-160) form.

  3. Schedule your appointment on the web page at http://www.ustraveldocs.com/ph/ph-niv-typeb1b2.asp

    • You will need three pieces of information in order to schedule your appointment:
      • Your passport number
      • Your MRV fee payment receipt number
      • The ten (10) digit barcode number from your DS-160 confirmation page
    • Visit the U.S. Embassy/Consulate on the date and time of your visa interview.

Keep Cool but don't freeze. Enjoy your trip!
If you need help or run into problems don't hesitate to call me.

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Friday, February 24, 2017

Helpful Tips for Filipinos Applying for US Tourist Visas

Helpful Tips for Filipinos Applying for US Tourist Visas

When it comes to US visitor/ tourist visa applications, most Filipinos become apprehensive.

With so many requirements to submit and tons of paperwork to accomplish, the process of applying to obtain a visa for many aspiring Filipino travelers and/or immigrants can be intense, stressful and overwhelming. On top of that, tales of long lines, indefinite waiting periods, intimidating interviews and the looming possibility that an application may be rejected add up to prompt a hopeful applicant to give up before he or she could even start the visa application process.

According to a news report, the US Embassy in the Philippines approves more than 1,000 visa applications on a daily basis yet the fear of rejection among Filipino applicants remains a looming problem. In many instances, this sentiment becomes a trigger for many applicants desperate for a visa to defy the system by resorting to illegal and deceptive tactics.

One of the most popular beliefs among Filipino visa applicants securing an approval involves money in the bank and lots of it, too. To these applicants, having a huge bank account guarantees instant visa approval and so they strive hard to put money in their bank accounts shortly before their visa application interview. In other instances, applicants try to obtain letters of endorsement or written invitation from relatives, friends, and acquaintances from the specific country that they’re trying to obtain a visa for. These applicants believe having “sponsors” and a valid reason to travel will warrant them a visa. 
Of course, those are mere speculations.
According to a US Embassy official in Manila, the consuls do not discriminate. All applicants are treated equally during the entire visa application process whether they have huge amounts of money in the bank or not. The embassy’s primary concern is not the money but the applicant’s “ties with the Philippines” that will make him or her come back after visiting the United States. 
Here are a few more helpful tips for Filipinos applying for a visa:
  1. Be truthful.
  2. Be on time. There is nothing more disrespectful and inconsiderate than an interviewee showing up late for an interview. Look presentable just like how you would present yourself during a job interview. 
  3. Have a valid reason for traveling to another country and an even stronger reason to come back to the Philippines.
  4. Make sure all your documents including required photos are with you during the interview and neatly organized for easy access. If you need affidavits and notarized documents as required, be sure that you have obtained them accordingly prior to the date of your interview. For fiancé visa applicants, for example, proof of communication and romantic relationship such as photos and written correspondence including emails must be part of your documents as well.
  5. Relax. If you’re confident that you’re sincere and not hiding anything from the interviewer, you should be fine.
And if you have complicated issues that simply reading articles and fact sheets from the Philippine embassy and other pertinent websites cannot take care of, it is always advised that you seek legal help. A licensed US immigration lawyer in Manila will be your counsel that will guide and help you during your visa application especially when your situation and circumstances need a stronger legal intervention. 
By: Ryan Barshop

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.