Viles Law Firm

Viles Law Firm Immigration and Tax Dispute Resolution

04/10/2025

Regardless of anyone's position on the problems in the Middle East, the U.S. government's position on persons detained because they expressed opinions against the government's position is untenable. The government filed a brief with immigration court stating that a person can be deported for his beliefs. Freedom of thought and freedom of expression are the foundations of the society and country we are increasingly learning may be a mistaken perception. If the U.S. does not permit freedom of thought and expression, then the U.S. is no longer "us." The U.S. becomes a "me" and "my beliefs" alone. When the government can punish persons for their thoughts and beliefs alone, then the U.S. is nothing more than a past event to be taught in uncensored history books.

04/01/2025

The Tennessee legislature is trying to pass a bill which would prevent undocumented children from studying in public schools. The bill's supporters say that undocumented children are depriving U.S. children of school funds. I question that allegation. Tennessee has approximately 156,000 undocumented persons, and these individuals make up 2.8% of the Tennessee workforce. These undocumented persons pay 349.7M in local/state taxes and 556M in federal taxes. The number of undocumented children in the school system is likely to be around 1%. While Tennessee enjoys the financial benefit of undocumented workers (tax benefits and low wage benefits), the state does not want to permit the children of these workers to benefit from the funds their parents are supplying the state and federal governments. To deny children, who had no choice in whether to come to the U.S., the cognitive and social benefits of an education, makes me think of a time before the Era of Undocumenteds when needed labor was forcibly brought to the U.S. During the Era of Slavery, educating slaves was not only forbidden but also punishable." "Teaching slaves to read and write, tends to excite dissatisfaction in their minds, and to produce insurrection and rebellion." Denying the children of the undocumented an education shares the same goal as defunding public school systems with the voucher program -- ensuring there be no ability to think as thinking could lead to dissatisfaction in the mind which would then lead to rebellion.

12/13/2024

Asylum is available for women, girls, and the parents of daughters who are facing the threat of female circumcision / female ge***al mutilation. Asylum is a complicated process. in which the applicant must meet multiple points of proof as required under asylum law. If you are afraid to return to your home country because of a threat to your safety because of your race, religion, nationality, political opinion, or social group, we can help. Contact us today to schedule a consultation to evaluate your claim. We file asylum claims in all states and appear in all U.S. immigration courts. Email me directly at [email protected].

11/17/2024

The asylum process will likely change in the near future. Currently, border applicants are released on recognizance or paroled into the U.S. and assigned a court date where a judge listens to the asylum applicant's story to determine whether he gets to remain in the U.S. After January 2025, we can expect mandatory detention for border applicants. As of today, asylum applicants may apply for a work permit after 150 days; however, after January 2025, we can expect a reversion to having to wait 1 full year before permission to apply for a work permit. Asylum cases are usually denied. EOIR statistics show an overall 2023 approval rate of 14%. The Transactional Records Access Clearinghouse clearly shows that applicants with lawyers had a much higher success rate than applicants without lawyers. Applications fail for multiple reasons such as mistakes in filling out the application form, not providing the right evidence, and not remembering today what you said to an officer four years ago. People, who file on their own or who use service providers, fail to connect the law to their stories. Asylum has several legal points of proof. The officers and judges are not there to prepare the application for applicants rather, they are there to make a decision on what the applicant has to show. Attorney Viles knows the law and knows how to help an asylum tell his or her story in a way which connects the applicant's story to what the law requires. Contact us today at (866) 648-4537 or, even better, at [email protected]. We can handle your asylum case no matter where you are. With Zoom, Attorney Viles is at your side.

11/14/2024

H-2B visas are a great alternative for hiring overseas employees to perform temporary work which is one-time, seasonal, intermittent, or peak load. The application process is relatively quick for something in the world of immigration, but there are two points where the government often raises challenges -- a Request for Evidence (RFE) requiring extensive proof to document the temporary nature of the job and an audit to ensure that the employer is compliant with with the many DOL regulations governing the H-2B program. Attorney Viles has experience with both RFEs and with audits. Contact Viles Law Firm at [email protected] or (866) 648-4537.

11/13/2024

The time to apply for your greencards is now. Not later. Trump has appointed Kristi Noem to be his Director of the Department of Homeland Security. Noem has stated the U.S. is facing an "invasion" of immigrants, she supports the Muslim ban, and offered to drive razor wire to Texas for Abbott. Her actions showed she supports use of the military to counter this "invasion" when she sent South Dakota national guard to Texas stating that the border is a "war zone." https://www.newsweek.com/kristi-noem-new-homeland-security-secretary-1984221

Noem, Governor of South Dakota, achieved notoriety when she admitted to shooting a puppy because she did not believe the puppy to be trainable. I don't think a puppy killing DHS director will be an inspiration for human rights friendly actions and decisions during the next four years. https://www.usatoday.com/story/opinion/columnist/2024/05/08/kristi-noem-killed-dog-defends-it-media-interviews/73614628007/

11/09/2024

Greencard processing will likely change in a few months. Although we don't yet for sure exactly how the processes will change, we do know that the previous administration required immigration officers to evaluate your greencard application by weighing all the positive and negative factors related to your age, health, family status, assets, resources and financial status, education and skills, prospective immigration status and period of stay. We, at Viles Law Firm, understand the urgency of needing to apply for your greencards now. We understand your need to speak directly with your lawyer at the very first step of your greencard application process. Contact your lawyer today at [email protected] to start your greencard application process.

09/20/2024

Asylum cases are difficult. Only 18.5% succeed without an attorney. Simple mistakes on the application form become a basis for an officer and/or judge to say you are not believable. The officers and judges are not there to help you. Instead, they are looking for inconsistencies and mistakes so they can deny you. Many asylum applicants go to service providers who promise them an easy way to remain in the U.S. with a work permit. Service providers do not have the legal knowledge or experience before the asylum officers or, more importantly, before judges to be able to put together accurately an asylum application. Asylum cases are like telling stories, and you have to tell the story in a way the listener understands. What makes sense to you may not make sense to the officer or judge. Lawyers are professional story tellers who know what the listening officers and judges want to hear, the order in which they want to hear the parts of your story, and the evidence which supports what you are saying. Let Attorney Viles’ experience be your guide and support. Contact us at [email protected] or complete this questionnaire: https://www.surveymonkey.com/r/ASYLUM-CONTACT

No one argues that undocumented workers participate in the U.S. labor force. However, undocumented workers seldom “take”...
09/12/2024

No one argues that undocumented workers participate in the U.S. labor force. However, undocumented workers seldom “take” American jobs. Such an assertion is just fuel to fire anti-immigrant sentiment. The truth is that Americans don’t want to perform labor intensive jobs. In low-wage and labor-intensive industries, undocumented workers perform jobs difficult to staff with U.S.-born workers. Undocumented workers tend to work in industries requiring low-skilled labor, such as agriculture, construction, hospitality, and domestic work. According to the Texas International Produce Association, “Americans are not filling these agriculture jobs. When farmers post hiring notices for low-skilled labor in areas like planting, cultivating, or harvesting, U.S. workers take those jobs only 6 percent of the time, according to the Department of Labor. And American hires who do respond, often show up late or quit shortly after starting.” U.S.-born workers likely reject these jobs due to low wages, difficult working conditions, or seasonal nature. The construction industry also faces a severe shortage of workers. “ABC estimates that the U.S. construction industry needs to attract about a half million new workers in 2024 to balance supply and demand,” said Michael Bellaman, ABC president and CEO. The LBM journal states “[n]ative-born workers remain reluctant and continue joining the industry at a slower rate” and that 525,000 U.S. born workers are missing from the construction industry workforce. Hence, the data simply does not support the claim that migrants are displacing U.S. workers. The only accurate conclusion is that many industries would struggle and falter were it not for foreign workers. Viles Law Firm can help you bring workers to the U.S. and to secure their permanent residence. [email protected].

The Congressional Budget Office issued a report with three interesting points about immigrants in the U.S. (1) The U.S. ...
09/05/2024

The Congressional Budget Office issued a report with three interesting points about immigrants in the U.S. (1) The U.S. labor force will grow by an extra 5.2 million workers, mostly because of increased immigration, who will boost U.S. Gross Domestic Product by a total of 2%; (3) immigrant workers will add an extra $7 trillion to the U.S. economy within the next 10 years and an extra $1 trillion in federal tax revenue; and (3) new immigrants will prevent the U.S. population from shrinking. They will be the source of all U.S. population growth by 2042. Those persons, who protest the arrival of immigrants, should look at immigrants, whether legal or illegal, on one hand and social security on the other. As more Americans retire and reach for their social security payments, the U.S. needs workers to fund social security. The social security system requires workers who pay taxes. The Institute on Taxation and Economic Policy shows that undocumented immigrants paid $96.7 billion in federal, state, and local taxes in 2022. More than half that amount, $59.4 billion, went to the federal government while the remaining $37.3 billion was paid to state and local governments. More than a third of the tax dollars paid by undocumented immigrants go toward payroll taxes dedicated to funding programs that these workers are barred from accessing. Undocumented immigrants paid $25.7 billion in Social Security taxes, $6.4 billion in Medicare taxes, and $1.8 billion in unemployment insurance taxes in 2022. Anti-immigrant persons like to decry how immigrants are taking “American” jobs (jobs which “Americans” have left open), but, at the end of the day, these same anti-immigrant persons will breathe a sigh of relief when they get a social security payment which the worker, who paid the money into the U.S. tax system, will never be able to utilize.

09/02/2024

E-2 visas offer a broad spectrum of possible business endeavors and investment amounts. E-2 regulations do not require any specific minimum investment amount. The USCIS website states that persons are eligible for an E-2 if they “have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.” Rather than providing a dollar amount to define “substantial,” USCIS states that “substantial” means:

• Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
• Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
• Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

The investment must also not be marginal. “Marginal” means generating a minimum level of income for the investor. Hence, the amount of investment needs to be realistic and reasonable for the investor’s particular business venture. Contact us for more information:
https://www.surveymonkey.com/r/CONTACT-VILESLAWFIRM

08/28/2024

Yesterday, someone posted a query about what happens when you overstay your visa. The first concept to understand is the difference between a visa and an I-94. Most people mistakenly think the visa expiration date controls your period of stay. However, in reality, the I-94 (https://i94.cbp.dhs.gov/I94/ #/home) indicates the period of authorized stay. You must file any requests for extensions (renewals) or changes of status (different visa category) before the I-94 expiration date.

If you overstay your I-94, you cannot file for any extensions or changes of status. If you overstay by 180 days to 364 days and leave the U.S., you cannot return for 3 years. If you overstay by 365 days or more and leave the U.S., you cannot come back for 10 years. Immigration law provides waivers to allow you to return during the 3 year or 10 year ban period. Waivers are not automatic and require serious proof that you are a person of good character and will leave the U.S. at the conclusion of the next authorized stay.
An overstay can apply for a greencard if the petitioner is an Immediate Relative (citizen spouse or child). Hence, a citizen spouse can apply for his or her non-citizen spouse as long as there was a legal entry, and a citizen child can apply for a parent as long as the parent entered legally.

Immigration and Customs Enforcement “ICE”), at this point in time, typically does not track down overstays. However, if you are an overstay and attract ICE’s attention by getting arrested, convicted, or just being in the wrong place at the wrong time, ICE may arrest you and place you in removal proceedings. An example of wrong place wrong time is a client who was parked in front of the airport in the wrong spot waiting to pick someone up and another client who was taking a bus from one city to another when ICE randomly boarded the bus to check legal status. If you are an overstay and need help, contact Attorney Viles at [email protected].

Click on the link below to submit your request for help:
https://www.surveymonkey.com/r/OVERSTAY-QUESTIONNAIRE

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