Gary Bala has left 20 comments

Gary Bala comments on Fiance Visa

Yes, there are many people with the desire and ability to do immigration and visa work on their own, who do not "need" an attorney and can save the money. There are also people who might not "need" an attorney but prefer not to do their own immigration and visa work, or who may not not have the time or motivation to do so, or are otherwise too busy with their occupations and daily activities, and who would like find the assistance of an qualified mistake-free attorney with reasonable affordable fees who does not hand-off the petitions to his secretary. And of course, there are some people who simply can't afford an attorney. And of course, there are some attorneys with unaffordable and excessive fees. And the debate goes on... Sorry, guys...just thought that all sides of this debate should be heard in the interest of free speech. Good luck to all in their visa journeys. GB PS: From Visa Journey.com welcome page: "We encourage all members to seek a qualified immigration attorney as this site is no substitute for the valuable help and advice a good attorney can provide!"

Gary Bala comments on Barranquilla hotels, motels, hostels

hongo joe "The Royal Hotel is closed, out of business - as of today" Is this information confirmed Joe? Did you hear this from someone? Why did they go out of business? Their service and rooms were on the steep decline last I was in town (Sept. 2008). Any further info. is appreciated. Thanks.

Gary Bala comments on State Dept. Travel Warnings India (Nov. 28, 2008)

As one might expect, tourism to India especially from the US has been affected negatively, but as time passes and the Indian Government begins to respond with better security measures, I'm sure that it will return in full force. http://www.msnbc.msn.com/id/28015169/

Gary Bala comments on State Dept. Travel Warnings India (Nov. 28, 2008)

I agree with you. Yet, I also think that people should still be aware of what their own State Dept.'s warnings are, and then make decisions based on all available information, including voices on the ground such as yours, and voices of hope urging that trade, commerce, tourism continue but with obviously greater caution and safety measures. There are a lot of lessons to learned by everyone from what hapopened, including government officials, security forces and everyone else, and I'm sure that those lessons will be learned, and that over time life, trade, commerce, tourism and rising prosperity will continue to grow and flourish in Mumbai and throughout India.

Gary Bala comments on Phillip J. Berg Esquire vs Barack Hussein Obama, et al

The widely-respected FactCheck.org has shown the Obama Birth Certificate from Hawaii on its website, digital copy sent in to them from the Obama Campaign. The original certified copy contains the raised seal, the correct signatures and stamps and otherwise conforms to state birth certificate standards. http://www.factcheck.org/elections-2008/born_in_the_usa.html The last time I checked Hawaii became a U.S. state well before Obama's year of birth. End of discussion, please.

Gary Bala comments on Obtain Colombian citizenship after two years of residence

USA does not encourage but does allow dual citizenship. I myself am a dual citizen with USA and India. Yes, a person can hold dual citizenship with USA and Colombia.

Gary Bala comments on K-1 Visa Question

It's really nice to see how highly immigration attorneys seem to be thought of here, gentlemen. Not much more that a monkey form-filler. Heck, reminds me of that old Rodney Dangerfield joke about he "gets no respect". In actuality, in the USA, you can anything you want yourself: cut your own hair, shine your own shoes, wash your own car, make your own ham-and-cheese sandwich rather than go out to lunch, start your own discussion board or blog, do self-help dental work, etc. Of course, not everyone wants to do all these things (and others) on their own. Nor do some necessarily have the time, motivation and energy or expertise to do a good job at it. One reason some people use an immigration lawyer for the visa process (one who is experienced and pays personal attention and might actually be known by good reputation to the immigration offices and the Embassy) is convenience, and because they would like to have the help, and don't have the extra time, motivation and energy and expertise to do it all themselves. Other people use an immigration lawyer because they may have issues in their past or in their case history which may pose real difficulty in the case such as past criminal or police record, past visa or immigration history, legal or financial problems or other reasons. Not all cases are cut from that proverbial cookie-cutter. (And yes, there are some who are denied their visa, either provisionally or on a final decision, for any number of reasons.) Understand also that an attorney works on the case for the full duration of the visa process (at least 6 to 8 months or more); not daily of course, but on-going (legal representation, liaison with USCIS, NVC and Embassy as needed, answers to on-going questions even long after the case is over and the visa is secured such as adjustment process, driver's license, health insurance, etc.) The State Dept., Visa Office said this about immigration attorneys in the visa process: "In the sometimes complex world of visas, a good attorney can prepare a case properly, weed out "bad" cases, and alert applicants to the risks of falsifying information presented to the Consular Officer. The attorney can help the Consular Officer by organizing the case in a logical manner; by clarifying issues of concern; by avoiding duplication of effort (reducing interview time); and by providing the applicant with the necessary understanding of the intricacies of the visa process thereby easing the pressure on consular sections to provide information to the applicant". Even VisaJourney.com lays out this "Terms of Service" disclaimer on their website: "Information contained on or made available through VisaJourney.com Websites and Services (including but not limited to the discussion forums) is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. Do not act on or rely on any information from VisaJourney.com Websites and Services without consulting with a licensed attorney as this site is not a substitute for obtaining appropriate legal advice from a competent, independent legal counsel in the relevant jurisdiction." My point here is not to get into an argument with people, but simply to show that there is another viewpoint out there than simply "You don't need a lawyer, you can do it yourself." For most people, the decision to use a lawyer or not (or get any other form of paid help) simply comes to down to cost considerations. And that is perfectly fine. Good luck, gentlemen. Over and out.

Gary Bala comments on K-1 Visa Question

For: US Citizen, processing thru VSC or CSC, with fiancee in Colombia. Current Time Frame: October 2008 Currently, most people should easily be budgeting on average aprox. 6 to 8 months from petition filing date to consular interview, assuming no special background issues or concerns slow down the case's processing. Good luck.

Gary Bala comments on Gary Bala

Web: www.garybala.com

Gary Bala comments on

Is that what I am seeing in those court cases Gary? Answer: I will let the cases and the commentaries on the cases, all of which I cited above, speak for themselves. Bottom line, yes financial sponsors can arguably be responsible for daily living support less or reduced by whatever income the ex-spouse earns and other equitable arguments for monetary reductions your able attorney can successfully argue to the judge for you. Keep in mind that in addition to financial and contractual obligations imposed on the I-864 sponsor, there are also potentially immigration and even quasi-criminal liabilities that U.S. citizen petitioners can be subject to for visa holders they sponsor. (I don't want to get into detail here on this discussion board about all of them. But suffice it to say that the moral of the story is: be damn sure that you want to petition and sponsor someone here before doing so.) Do not forget also that the IMBRA immigration law imposes new limits on multiple Fiancee Visa petition filings: for example, if you have filed two approved Fiancee Visa petitions in your lifetime, you must secure a "waiver" exception to file another one, called "multiple-visa waiver". Also, if you filed even one approved Fiancee Visa petition recently, you must secure a "waiver" exception to allow you to file for another petition within 24 months of the first petition filing, called "time-limitation waiver". Again, the message is: be sure you want to do these things before doing them.

Gary Bala comments on

Question: Has anybody heard where the US government has actually enforced an I-864 contract requiring supporting an ex spouse (I am trying to leave out gold digger) because they have become a public charge??? Answer: Yes, I have heard of real-life cases where, under the I-864 Affidavit, the ex-spouse (U.S. Citizen man) is required to pay back a public agency for welfare monies paid to the foreign citizen. Under the I-864 Affidavit, the public agency receives a right of subrogation against the U.S. citizen man when paying out monies to the ex-spouse and can enforce that action by a simple contract judgment served on the U.S. citizen. I cannot give you legal citations to such cases because they are not reported in the law books. But my best information and knowledge is that such cases have indeed happened and the current trend in the courts is to increase enforcement of the I-864, not lessen enforcement. My problem I have with your question "has anybody heard of enforcement of I-864 where ex-spouse is a public charge (i.e. paid welfare benefits by public agency)" is that your question seems to assume that the ONLY way anyone can enforce the I-864 is IF she becomes a public charge. The reported cases I have cited below say that the I-864 stands alone and can be enforced by her (ex-spouse) EVEN IF SHE NOT YET a public charge OR EVER a public charge (i.e. collect welfare benefits). The reason is that the I-864 allows an separate right of action directly by the ex-spouse (your word "gold-digger") against the U.S. citizen man for daily living support benefits, even if she never becomes a public charge. CASES: Enforceability of the I-864 Affidavit of Support 1. Cheshire v. Cheshire (U.S. District Court, FL, 2006) Reviewed in Immigration Daily: http://www.ilw.com/articles/2006,0608-mehta.shtm 2. Stump v. Stump (U.S. District Court, IN, 2005) Reviewed in Immigration Daily: http://www.ilw.com/articles/2006,0110-wheeler.shtm PS#1: OK? I think that I have now at least attempted to answer your question directly and head on. PS #2: If people are thinking that the I-864 is never as a practical matter enforced and thus can be minimized in importance (or "pooh-pooh"-ed), then those people should think twice. Signing an I-864 is indeed a serious financial and contractual obligation, and carries the clear implication that it may well be enforced. Good luck.

Gary Bala comments on

Enforceability of the I-864 Affidavit of Support 1. Cheshire v. Cheshire (U.S. District Court, FL, 2006) Reviewed in Immigration Daily: http://www.ilw.com/articles/2006,0608-mehta.shtm 2. Stump v. Stump (U.S. District Court, IN, 2005) Reviewed in Immigration Daily: http://www.ilw.com/articles/2006,0110-wheeler.shtm Good luck.

Gary Bala comments on Monthly apartments or Apartahoteles in Barranquilla ?

See: http://www.apartamentosalvarojesus.com/tarifas.html I have seen it and know people who stayed there. Not bad. One block around the corner from Hotel El Prado.

Gary Bala comments on Hostages will be released!

More information here: http://news.yahoo.com/s/afp/20080525/ts_afp/colombiarebelshostagesfrance

Gary Bala comments on Anyone Interested in Taking Tennis Lessons in Colombia??

I may be interested. I'm about a 3.5 player. I will be in Barranquilla last 2 weeks in June. I will be Medellin in August sometime. Let me know your rates, etc. GB E-mail: gb at garybala.com

Gary Bala comments on Yupi! More Flights To Colombia In The Future

Many thanks for the update. Spirit Air has also applied for service to Colombia, and apparently has won DOT (Dept. of Transportation) approval to fly to Cartagena from Ft. Lauderdale. As many people know, Jet Blue and US Airways also have applications pending with DOT for air service to Bogota in 2008. More competition, better fares and more air travel choices will be available in 2008. Spirit air plan flights to Colombia. Tuesday, 4th December 2007 Source : Spirit Airlines Entrance to Cartagena is possible as a result of initiatives taken by the Colombian Government in releasing tariff floors- extending bilateral agreements with the U.S. and the inclusion of Cartagena in open skies. In the coming months, passengers will have a new alternative in flying to Cartagena, Colombia from Fort Lauderdale. Spirit Airlines has received authorization from the U.S. Department of Transportation to begin service between the U.S. and Colombia, and is currently working through the Colombian regulatory process in order to begin operating the first ultra low cost carrier (ULCC) service to Colombia. Spirit Airlines plans to begin operations from Fort Lauderdale to Cartagena aboard its fleet of Airbus 319 aircraft. In addition, Spirit is looking to initiate operations to other Colombian cities subject to the necessary government authorizations, and will service the market with fares lower than current competitive fares. Spirit will service the operations to Colombia with a fleet of Airbus 319s with a capacity of 144 passengers, which will increase travel opportunities for travelers to Colombia from South Florida, and its connecting network throughout the United States, with its signature ultra low fares. “We would like to applaud President Uribe’s vision for seeing Cartagena as a tourism and industrial capital of the Caribbean," said Barry Biffle, Spirit’s Senior Vice President and Chief Marketing Officer. “Spirit will do our part in supporting his vision by providing low fare access to fuel the growth." About Spirit Airlines Spirit Airlines, Inc. is the Ultra Low Cost Carrier (ULCC) in the United States, Latin America and Caribbean. Its all-Airbus fleet, the youngest in the Americas, flies more than 200 daily flights to 39 destinations. The company is based in Miramar, Florida, and employs 2,300 professionals. URL: http://www.4hoteliers.com/4hots_nshw.php?mwi=3787

Gary Bala comments on Visiting Medellin in December...

I plan to visit Medellin end of December and early January. Perhaps we can meet briefly when I'm in town. My Colombia Cell 316-701-7854. I am a US immigration attorney, and my late mother was from India. Buena suerte, GB

Gary Bala comments on attorney in colombia

Law Practice in Colombia My immigration practice is based exclusively in the U.S., with visas for clients in Latin America and Colombia, where I travel frequently. I have been an attorney for 23+ years, but with a concentration in immigration for about the last 7 years. I employ contacts in Colombia, mostly in Bogota for Embassy assistance on a a case-by-case basis. Nearly all of our cases are family-based visas, mostly fiancee and spousal visas. However, since most people choose to tackle these types of visas on their own (mostly for cost-saving reasons), our clients tend to be people with "problem cases" or people who are well-off financially and don't have the time and passion for immigration and prefer having the assistance.

I do think however that over time we have developed a real expertise in making things go a lot smoother for people, avoiding problems in the first place and helping people to be a lot less nervous about their cases, by answers to questions, resolving problems, etc.

I do a lot of advertising with romance agencies and tours in the U.S. who service Latin America, as well as advertising on the Internet and in print. When I can spare time, I also post (mostly on recent immigration news and developments) on a couple of public "chat boards", though unfortunately due to time limits, not as often as I would like on this one.

Although for us here, it has been a challenge (and nothing really is easy), the practice here is profitable. And I thoroughly enjoy helping the couples, meeting them when I can, and being able to travel to Latin America and Colombia often.

I agree that for most attorneys who desire to start a legal practice in Colombia, the practical and legal obstacles mentioned above by others would be discouraging, at best. Probably it would not be too profitable either for some time. FTAA (Free Trade for the Americas) may indeed help but is probably too far off into the future, unless someone has some inside information.

Unless you are truly committed to re-locating to Colombia on a permanent basis to live and work, the better way might be to investigate legal employers and companies here in the U.S. who might want to have legal work and "legal-like" work done in Colombia, and secure a more long-term visa, such as work visa.

Also, any attorney considering trying immigration practice should probably sign on with AILA, the American Immigration Lawyers Assn., to stay well-informed.

Regards to all, and good luck.
Gary Bala
Web: www.VISA-Attorney.com

A free visa starter kit for do-it-yourselfers,
Web: www.VISA-Kit.com

Gary Bala comments on Marriage in Col: new info from Houston consulate

Thanks Gator I am presently in Colombia and was able to independently confirm the information and the citations which Gator has provided.

I will update my website with fuller information when I return to the US.

Good luck to all on this forum.

www.garybala.com

Gary Bala comments on If we decide the K-3 (or I-130) route

B-1/B-2 Tourist Visa : A tourist visa holder seeking U.S. entry at POE
is representing by use of her visa (and response to any questions at
POE interview)that she has a non-immigrant intent and intends to return
home after temporary stay. This would be inconsistent with her obvious
intent as beneficiary of a filed I-130 petition in the immigration data
base (i.e.permanent stay as spouse of US citizen), and thus under
normal circumstances should not be allowed entry under current rules.

As concerns US marriage here under a tourist visa followed by attempted
I-485 adjustment of status, generally speaking, this is usually not
recommended unless the couple knows exactly what they are doing. There
are some known perils and pitfalls which could result in denial of the
wife's adjustment of status.

There are indeed some limited circumstances where Immigration Service
has allowed adjustment, such as "spontaneous" and "spur of the moment"
marriage, as suggested above. But these circumstances are quite
circumscribed and some couples have run into trouble and become the
subject of media "horror stories" - immigration deporting a spouse in
"true love" with her U.S. citizen husband.

For more information about tourist visas and Colombia, see:
http://www.usaimmigrationattorney.com/touristvisa.html

Good luck to all on this discussion forum and in their Colombia travels and interests.