IIMPACTS ON US IMMIGRATION
Nadine C. Atkinson-Flowers
US Immigration Attorney. Jamaican Attorney. Speaker. Author. Jamaican Law Country Conditions Expert Reports for Immigration.
IN THIS ISSUE . . . US Immigration; Intersection of US Immigration and Jamaican Law – Jamaican Country Condition Reports – MY BOOK: On Your Feet Criminal Law Practice in the Parish Courts in Jamaica Legal Highlights - Legally in Jamaica - Legally in the Caribbean - Snapshots of Recent Caribbean Court Cases with Legal Tips
September 2022
US IMMIGRATION As of September 16, 2022, these were the wait times for certain non-immigrant visas for Jamaica at the US Embassy in Kingston:
KINGSTON, JAMAICA
Visitor Visa 498 Calendar Days
Student/Exchange Visitor Visas 3 Calendar Days
All Other Nonimmigrant Visas 1 Calendar Day
Latest News:
Citizenship Day 2022
Millions of Lawful Permanent Residents qualify to naturalize according to USCIS data. For context, there are over 160,000 Jamaican Lawful Permanent Residents across the USA who can become citizens today.
With Citizenship Day activities taking place now around the country, this is a good time to begin the process of naturalization.
In the Intersection: - US Immigration and Jamaican Law. The Practical Tips for the ABCs of It Quick tips for Jamaicans applying for the B1/B2 visa. If at all possible complete the visitor’s visa application form yourself or get good help. If you can’t fill it out yourself, at least make sure to read it over carefully. Too many people are saying “I didn’t complete the form” when problems arise but that doesn’t help you anyway.
Ask for help if you are unsure. Attorneys are contacting me for specific country condition reports on various issues in the Jamaican legal landscape, especially when there are requests for evidence or notices of intent to deny the benefit that the client applied for, such as I-130 approval, adjustment of status or naturalization.
Jamaican Country Condition Reports Practice Tips Jamaican applicants are writing that they are in a “common law relationship” on US visitor’s applications. In Jamaica, common law relationships or common law unions is viewed differently than what the US law sees it as and so this has been causing problems for many persons. Applicants must remember to write marital status as “single” on the visitor’s visa application even if a long term relationship as long as there was no marriage performed in a religious or civil ceremony. It can make the difference between a Request For Evidence or a Notice of Intent to Deny or worse, a finding of fraud by the US immigration authorities.
MY BOOK: On Your Feet Criminal Law Practice in the Parish Courts in Jamaica Legal Highlight Check here for fast facts and practice tips in each newsletter.
Fast Fact: Jurisdiction of the court. The Parish Court is where every criminal case starts in Jamaica. The court also has a civil jurisdiction where persons can bring cases for up to $1million Jamaican dollars. Many persons interface with this court in various roles.
Practice Tip: Every parish has at least one Parish Court, so when an immigration client tells their lawyer that they had a criminal case or a civil case in this or that geographic area, it could be difficult to find the information if they are not a bit more specific.
领英推荐
Legally … In Jamaica
Hot topics - Amendments to the Bail Act, Gun Court Act and Firearms Act are being discussed and debated.
Access additional resources at www.atkinsoflowerslaw.com about Jamaican law and the intersection with US Immigration as well as on you tube channel atkinsonflowers law.
Legally. . .?Snapshots of Recent Caribbean Courts Cases:
Trinidad and Tobago - Constitutional Issues
In the THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE (San Fernando Sub-Registry) Claim No. CV2017- BETWEEN JESSEL THOMAS Claimant AND THE COMMANDING OFFICER OF THE TRINIDAD AND TOBAGO COAST GUARD THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendants Date of Delivery 27 July 2022
Summary - The Claimant had been in line for a senior promotion. He was passed over and persons behind him in the line promoted. He was instructed to take a drug test for eligibility for the promotion yet there were no charges against him that could have even remotely required such a test. He brought the case seeking redress and various declarations.
Case Take Away: There were several orders of the court but this one struck me: “It is declared that the Claimant’s right as enshrined in section 4(b) and 5 of the Constitution was infringed by the First Defendant’s arbitrary and unlawful request for the Claimant alone to take a drug test as a prerequisite for his promotion . . .”
My Legal Tip: Even as this was a Constitutional matter, it has significant impact on employment law issues. Employers are not at liberty to dictate what employees must subject themselves do without regard for the legal framework.
St. Lucia – Criminal Law
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IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CRIMINAL DIVISION) SAINT LUCIA CLAIM NO. SLUCRD2013/1462 SLUCRD2016/0745, 0746, 0747 R v KIRBY LIMA Delivered June 16, 2022
Summary: The Appellant had pleaded guilty to several counts of sexual assaults. There was overwhelming DNA evidence that had been presented. The sentence of the trial court was appealed.
Case Take Away: The High Court Judge presented an excellent analysis of all the factors that were to be considered or had been considered, to include the Sentencing Guidelines, the previous good character of the appellant, issue of rehabilitation, the victim impact statements of the complainants among other issues. The Court noted that the appellant had had excellent pro bono assistance from Counsel who had agreed to assist and further noted that there were many defendants in the system needing such assistance.
My Legal Tip: Criminal law trials sometimes have overwhelming evidence of guilt. The defense Attorney better assists the client by offering advice about a guilty plea and the possible sentencing and where a sentence indication is permissible, to seek one so that the matter can proceed to the sentencing phase. Of course, the decision is the client’s alone and the Attorney must get instructions in writing to protect himself or herself.
Las Likkl Notes LEGALLY . . .?Available for legal cases, Jamaican country condition reports, seminars, webinars and consultancies. ? Nadine C. Atkinson-Flowers, Esq.
You Tube: https://youtu.be/55fUkshZY4Y [email protected] ???Website: www.atkinsonflowerslaw.com?@ncaflowerslaw?(Twitter)?atkinsonflowerslawya (Instagram)??Youtube Channel: atkinsonflowers law https://www.dhirubhai.net/in/nadine-c-atkinson-flowers-b5736570???484-995-7260 (US)??876 922 3103 (Ja)
Buy on Amazon: On Your Feet Criminal Practice in the Parish Courts in Jamaica?
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2 年Great stuff Nadine ??