Global Immigration Law Services
FIRM NEWS AND UPDATES
Ongoing
Ms. Henke and her firm were recently selected to Who's Who Legal: The International Who's WHo of Corporate Immigration Lawyers 2013 & The International Who's Who of Business Lawyers 2014
Ms. Henke is actively involved in the American Immigration Lawyers' Association Military Assistance Program (AILA MAP), providing pro bono assistance to U.S. military servicepersons and their families in Germany with regard to often complex U.S. immigration law issues.
October 2010
From October 25-29, Ms. Henke will be making presentations throughout Germany on the options for immigration to the U.S. through investment: "Immigration durch Investition - U.S- Visa- und Einwanderungsfragen." Sponsored by the International Business Organization (IBO), the full program (given in German) will provide valuable information from experts about investing in the U.S. state of Florida - including real estate and tax information as well. For more information and to register, contact us or IBO.
September 2010
Ms. Henke has been selected for inclusion in the 2011 edition of Hubner's Who is Who in der Bundesrepublik Deutschland. See Biography on-line.
Ms. Henke's pro bono efforts on behalf of a U.S. military member and his German spouse was recently highlighted in the latest AILA magazine, VOICE. Read more on pp. 22-23.
March 2010
Ms. Henke was a contributing author to the AILA 2010-2011 Visa Processing Guide with an article regarding consular processing procedures at the U.S. Consulate in Munich, Germany.
January 2010
Ms. Henke successfully obtained an immigrant visa for a foreign spouse who had initially been denied the visa six years before, to re-join her U.S. military husband who had been re-assigned to a post in the U.S. from Germany. The Immigration Service initially wanted an extreme hardship waiver to be submitted and proven so that the family could be re-united; however, Ms. Henke successfully argued that a waiver was not necessary and that the initial denial should be reconsidered due to certain new facts.
November 2009
Ms. Henke will be speaking on the topic "Consular Processing for Beginners - Applications for Non-Immigrant Visas" for the ILW.com telephone seminar taking place on November 5 and on the topic "Consular Processing for Experts - Hot Topics" on November 24.
March 2009
Ms. Henke and MLH Consular Consulting were featured in premiere business magazine, Orhideal-IMAGE®, which features top-level small to mid-sized businesses and entrepreneurs from Germany, Switzerland and Austria. Download March issue here or under www.orhideal-image.com/magazin and select "Archiv 2009".
November 2008
Ms. Henke was invited to join a panel of speakers to participate at the American Immigration Lawyers Association (AILA) Rome Chapter Spring Meeting in Tel Aviv on April 23, 2009 on the topic of "The Immigrant Visa Application Process - A view from Within."
June 2007
Ms. Henke spoke on the topic of the state of U.S. immigration law to students taking a U.S. immigration history class at the Ludwig Maximillian University in Munich, Germany.
TAX NEWS AND INFORMATION
With a new year comes the same ritual of preparing U.S. tax returns for filing on April 15. If you are a U.S. citizen or lawful permanent resident, your worldwide income will be subject to U.S. income, gift or estate tax, regardless of whether or not you are living in the U.S. Accordingly, you may be required to file a U.S. tax return.
However, if you are currently residing overseas, you are allowed an automatic 2-month extension to file your return until June 15. Nevertheless, any tax due must be paid by April 15 to avoid interest charges. If you are not able to file by June 15, you can request an additional extension to October 15 by filing Form 4868 "Application for Automatic Extension to File U.S. Individual Income Tax Return" before June 15. However, any payments made after June 15 would be subject to both interest charges and penalties for failure to pay.
The IRS Office in Philadelphia provides international tax assistance to individuals who may have questions regarding filing obligations while residing overseas. The Office is available Monday through Friday from 6:00 a.m. to 11:00 p.m. (EST) and can be contacted by phone at: +1 (215) 516-2000 (not toll-free) or by fax at: +1 (215) 516-2555. Assistance is also available at the following embassies and consulates abroad:
IRS Internal Revenue Code Section 877A- Expatriation Rule Furthermore, the form is not filed together with your tax return but must be filed with the Department of Treasury at P.O. Box 32621, Detroit, MI 48232-0621.
The U.S. imposes a worldwide income tax, gift tax and estate tax on its U.S. citizens and green card holders, regardless of where they are residing. Because of this never ending U.S. taxing system, many individuals consider relinquishing their U.S. citizenship or their green card in order to escape the long taxing arm of the U.S. Those who consider such a relinquishment need to be aware of Internal Revenue Code (IRC) Section 877A as added by Section 301 of the Heroes Earning Assistance and Relief Tax (HEART) Act. This went into effect for those who expatriated (relinquished their U.S. citizenship or U.S. green card) after June 17, 2008.
U.S. citizens or long-term residents who expatriate after June 17, 2008 may be subject to the new expatriation law (a mark-to-market regime of section 877A). These expatriates will be treated as having sold all of their property for fair market value on the day before they expatriate and will be subject to tax on the unrealized gain above $600.000. The $600,000 exclusion amount will be annually adjusted for cost of living. In addition, a person who has been a lawful permanent resident (green card holder) in at least 8 of the previous 15 taxable years before surrendering the green card must complete and file Form 8854 "Expatriation Information Statement" before departing the U.S. He or she must also notify the Department of Homeland Security of the termination of residency.
The new mark-to-market regime will only apply if an individual is a "covered expatriate." A covered expatriate is an expatriate that:
Though tax return filing is a date that people always keep in mind, there is another critical filing obligation that should not be overlooked by individuals who live abroad or have international interests. U.S. citizens, permanent residents and tax residents are required to complete the FBAR if they own or assert any control over a foreign financial account, including a bank account, brokerage account, mutual fund or other type of financial account. These individuals must file Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR) with the IRS Department of Treasury, if
The FBAR Form must be received by the IRS on or before June 30. However, unlike tax returns, the FBAR is considered filed on the day it is received, not on the date it is postmarked.
IMMIGRATION NEWS AND UPDATES
2012 Diversity Lottery begins October 5, 2010 runs through November 3, 2010
The on-line registration period for the DV-2012 begins at noon (U.S. Eastern Daylight time) October 5, 20010 and runs until noon (U.S. Eastern Standard time) November 3, 2010. No entries will be accepted after this date and time. Applicants, who must first meet an education or work experience requirement to be eligible, can only apply through the Department of State website, www.dvlottery.state.gov. For more information on how to apply, click here. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays.
55,000 Diversity Visas are made available each fiscal year to persons from countries with low rates of immigration to the United States. Accordingly, citizens of the following countries are not eligible to apply because these countries sent more than 50,000 immigrants to the U.S.:
Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories and Vietnam. Individuals born in Hong Kong, Macau and Taiwan are eligible.
Beginning on the 1st of May 2011, all DV Lottery entrants must check the “Entry Status Check” link at http://www.dvlottery.state.gov/ to find out whether their entry has been selected. The applicant will need to provide their confirmation information from the electronic confirmation notice to access and obtain information on the status of their entry on the website. The “Entry Status Check” will be the only way that successful applicants will be notified of their selection for the 2012 Diversity Visa. Applicants will not be notified by mail or email. If selected in the lottery, applicants will be directed to a confirmation page that will provide further instructions, including information on fees connected with immigration to the U.S. (see fees below). Those who were not selected will also be notified through the “Entry Status Check” link.
For assistance in submitting a Green Card Lottery application, contact us as soon as possible.
New ESTA Fee Implemented as of September 8
All payments for electronic travel authorization applications must be made by credit card or debit
card when applying for or renewing an ESTA. Currently, the ESTA system accepts only the following credit/debit cards: MasterCard, VISA, American Express, and Discover. An application will not be submitted for processing until all payment information is received.
New Law Raises Fees on H-1Bs and L-1s
USCIS is currently in the process of revising the Petition for a Nonimmigrant Worker (Form I-129) to comply with the new law. USCIS also recommends that companies submitting H-1B or L-1 petitions either include the new fee or a statement or other evidence outlining why this new fee does not apply.
New Consular Immigrant Visa Fees as of July 13, 2010
Below is a summary of the new, and in some cases drastically increased, fees now in effect for consular processing of various immigrant visas:
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Family-based & Immediate Relatives Immigrant Visa |
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Processing Fee |
US $330.00 per visa applicant |
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Security Surcharge |
US $74.00 per visa applicant |
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Total |
US $404.00 per family-based visa applicant |
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Employment-based Immigrant Visa |
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Processing Fee |
US $720.00 per visa applicant |
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Security Surcharge |
US $74.00 per visa applicant |
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Total |
US $794.00 per employment-based visa applicant |
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Diversity Visa (DV) Applicants |
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Processing Fee |
US $305.00 per visa applicant |
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DV Lottery Surcharge |
US $440.00 per visa applicant |
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Security Surcharge |
US $74.00 per visa applicant |
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Total |
US $819.00 per diversity visa applicant |
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Other Immigrant Visa (SIVs, etc) |
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Processing Fee |
US $305.00 per visa applicant |
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Security Surcharge |
US $74.00 per visa applicant |
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Total |
US $379.00 per visa applicant |
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Returning Resident Status (SB-1) |
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SB-1 Application |
US $380.00 per visa applicant |
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Domestic Review of Affidavit or Support (Applies if application is done by the NVC) |
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Processing Fee |
US $88.00 per Affidavit |
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New Higher Nonimmigrant Visa Fees Go into Effect June 4, 2010
Under the new schedule of fees, applicants will have to pay the following:
For all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange visitor (F, M and J) visas, a fee of $140.
For petition-based visas applicants pay an application fee of $150. These categories include:
· H visa for temporary workers and trainees
· L visa for intracompany transferees
· O visa for aliens with extraordinary ability
· P visa for athletes, artists and entertainers
· Q visa for international cultural exchange visitors
· R visa for religious occupations
The fee for E visas for treaty-traders and treaty-investors will be $390.
The application fee for K visas for fiancé(e)s of U.S. citizens will be $350.
These nonimmigrant visa application processing fees are non-refundable. For more information, you can check the DOS website or contact us with any questions.
Form I-94W Paper Arrival/Departure Form Eliminated
On May 20, 2010 Department of Homeland Security Secretary Janet Napolitano announced the elimination of the paper arrival/departure Form I-94W for authorized travelers from nations participating in the Visa Waiver Program (VWP). This will streamline secure travel for visitors to the United States by consolidating the collection of traveler information prior to departure.
The use of paper I-94W forms will be eliminated at all airports in the United States by the end of the summer for VWP travelers arriving in the U.S. with an approved Electronic System for Travel Authorization (ESTA). Customs and Border Protection will activate automated processing for U.S. airports on a rolling basis over the next several months.
On May 11, 2010, the U.S. Citizenship and Immigration Service (USCIS) announced the re-design of the Permanent Resident Card (green card). Effective immediately, the card will incorporate new security features and state-of-the-art technology to prevent counterfeiting, obstruct tampering, and facilitate quick and accurate authentication.
The new security features include: secure optical media to store biometrics for rapid and reliable identification of the card holder; holographic images, laser engraved fingerprints, and high resolution micro-images to make the card nearly impossible to reproduce; tighter integration of the card design with personalized elements to make it difficult to alter the card if stolen. In addition, Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. The card will also include a preprinted return address to enable the easy return of a lost card to USCIS.
recognition. USCIS will replace green cards already in circulation as individuals apply for renewal or
replacement.
For more information and a look at the new cards, see the USCIS press release.
Global Travel Alliance between U.S. and Germany
The United States and Germany have launched a partnership to link their trusted traveler programs. The U.S. Department of Homeland Security (DHS) and the German Interior Ministry signed a joint statement in April expressing this intent, and will develop processes for qualified citizens of either country to apply for both the United States' Global Entry program, run by U.S. Customs and Border Protection (CBP) and Germany's "Automatisierte und Biometriegestützte Grenzkontrolle" (Automated and Biometrics-Supported Border Controls - ABG) program. Each uses biometrics to identify trusted travelers, and joining the two programs should make travel faster.
For more information and an application to enroll in the Global Entry program, you can visit the CBP website. For more information on the German ABG program, you can visit the German Federal Police site. Or feel free to contact us with any questions.
Greece Joins Visa Waiver Program
On March 9, 2010, Department of Homeland Security (DHS) Secretary Janet Napolitano announced the designation of Greece as a member of the Visa Waiver Program (VWP). Greek citizens will be permitted to travel to the United States for up to 90 days without obtaining a visa.
Implementation of New Electronic Visa Application DS-160 on March 1, 2010
As of March 1, all applicants for U.S. nonimmigrant visas in Germany will be required to complete and submit the new Nonimmigrant Visa Electronic Application Form DS-160. The form is available via a link on the U.S. Embassy website at www.usembassy.de/visa/ (English version) and www.us-botschaft.de/visa/ (German version). Many consulates worldwide have already started using the form.
The process of completing the form is quite time-consuming and cumbersome, and is subject to connectivity issues as the new system is implemented. However, of great significance is that the form requests a lot of information and asks many detailed questions ranging from salary information, parents' names and birthdates, to a long list of security-related questions. Individuals, investors or employees applying for U.S. visas should make sure to carefully and correctly answer these questions before submitting the application, as there may be significant consequences for responses that are given without due consideration - such as the denial of the visa or even other immigration benefits.
Senators Propose New Entrepreneur Visa
Under the new schedule of fees, applicants will have to pay the following:For all visas that are , including B1/B2 tourist and business visitor visas and all student and exchange visitor (F, M and J) visas, a fee of .For visas applicants pay an application fee of . These categories include:· H visa for temporary workers and trainees· L visa for intracompany transferees· O visa for aliens with extraordinary ability· P visa for athletes, artists and entertainers· Q visa for international cultural exchange visitors· R visa for religious occupations The fee for E visas for treaty-traders and treaty-investors will be .The application fee for K visas for fiancé(e)s of U.S. citizens will be . These nonimmigrant visa application processing fees are non-refundable.On May 20, 2010 Department of Homeland Security Secretary Janet Napolitano announced the elimination of the paper arrival/departure Form I-94W for authorized travelers from nations participating in the Visa Waiver Program (VWP). This will streamline secure travel for visitors to the United States by consolidating the collection of traveler information prior to departure.
The U.S. Department of State (DOS) has developed an informational pamphlet on the legal rights and resources available to aliens applying for certain employment- or education-based nonimmigrant visas (NIV) based on the signing into law of the William Wilberforce Trafficking Victims Protection Reauthorization Act in December 2008 (WWTVPRA). The specific NIV
During the visa interview, the consular officer will confirm that the applicant has received, read and understood the contents of the pamphlet. The pamphlet is now available on the DOS website and can be accessed here or at http://travel.state.gov/visa/questions/questions_4413.html
Expansion of Biometric Procedures to Green Card Holders - valid for up to two years or until the traveler’s passport expires, whichever comes first; and However, an approved ESTA travel authorization is not a guarantee of admissibility to the United States at a port of entry. ESTA approval only authorizes a traveler to board a carrier for travel to the U.S. under the Visa Waiver Program. Customs and Border Protection (CBP) officers alone make admissibility determinations at ports of entry.
Effective January 18, 2009, with only a few exceptions, all non-U.S. citizens including Lawful Permanent Residents of the U.S., now will be required to provide biometrics upon entry or re-entry to the U.S. This means that LPR's will be subject to 10-print digital fingerprints and a photograph when entering a U.S. port of entry. This is a change from the previous regulation whereby only certain non-U.S. citizens arriving at U.S. air, land and sea ports of entry with nonimmigrant visas or those traveling without a visa as part of the Visa Waiver Program (VWP) were subject to United States Visitor and Immigrant Status Indicator Technology (US-VISIT) Program. Under the new regulations, all non-U.S. citizens, (except Canadians applying for admission to the United States as B-1/B-2 visitors for business or pleasure and those specifically exempted), will experience US-VISIT procedures when entering the country.
Malta Joins Visa Waiver Program
On December 30, 2008, Malta joined the Visa Waiver Program countries. Nationals of Malta who are coming to the U.S. for tourist or business reasons for 90 days or less now may do so without a visa, if they posses a biometric passport and register on-line through the new Electronic System for Travel Authorization.
Reminder about Electronic System for Travel Authorization (ESTA)
As of January 12, 2009, ESTA became mandatory for Visa Waiver travelers to the U.S. Be sure to register your proposed travel at least 3 days beforehand. Travelers without an approved ESTA may be denied boarding, experience delayed processing or be denied admission entry at a U.S. port of entry. You can connect to the ESTA on-line system here: https://esta.cbp.dhs.gov. We are happy to assist you with this application. If you have any questions, please feel free to contact us for more information.
Switzerland joins Schengen Area
As of December 12, 2008, passport controls of passengers from Schengen member states entering Switzerland by land were abolished. In November this year, the EU Council agreed that Switzerland would become part of the Schengen Area. Airport checks of passengers to Switzerland from Schengen countries will end on March 29, 2009.
13 EU Member States fully apply the provisions of the Schengen rules: Austria, Belgium, Denmark, Finland, France, Germany, Italy, Greece, Luxembourg, Netherlands, Portugal, Spain, Sweden, plus the non-EU countries Norway and Iceland. You can find more information on the Schengen area and Schengen agreement on the European Commission website section "Travelling in Europe." For more information regarding Switzerland's implementation of the Schengen rules, check the Swiss Federal Office of Migration website.
Visa Waiver Program Expanded
In November 2008, the Department of Homeland Security (DHS) announced that nationals of the following countries can now travel on the Visa Waiver Program (VWP) to the U.S.:
Czech Republic, Estonia, Hungary, Latvia, Lithuania, Republic of Korea and Slovak Republic
This means that nationals of these countries who are coming to the U.S. for tourist or business reasons for 90 days or less may do so without a visa, if they posses a biometric passport, register on-line through the new Electronic System for Travel Authorization (ESTA - see below), and meet the standard VWP conditions.
To review a helpful reference on the VWP for new member countries, click on this link
For a Visa Waiver Program travel guide, click here
To see if your German passport is valid for travel without a visa, check here
New Electronic System for Travel Authorization (ESTA) established
The Department of Homeland Security (DHS) implemented the Electronic System for Travel Authorization (ESTA), and began to accept voluntary ESTA applications on August 1, 2008. ESTA is a new fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program. ESTA applications may be submitted at any time prior to travel to the United States, and VWP travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States. ESTA will become mandatory for current VWP travelers on January 12, 2009. VWP travlers from newly admitted countries are obliged to submit ESTA applications now.
An approved ESTA travel authorization is:
- valid for multiple entries into the U.S.
To connect to the ESTA system and for more information, go to https://esta.cbp.dhs.gov. ESTA is available in 14 languages.
