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  • 2019
  • October
January 26, 2021

Month: October 2019

Traveling Outside US and Re-Entry: Consequences to your Immigration Status (Part 1)

Wednesday, 30 October 2019 by Kara Lawrence

If you have an application for permanent residency pending, you need to be cautious when traveling outside the country. I recommend to my clients not to leave the country while your immigration status is pending. The reason is because immigration could deem that you abandoned your application when you left the country. Obviously this wasn’t the immigrant’s intent however US Citizenship and Immigration Services (USCIS) may deem it abandoned.

If you have already received your permanent residency then It does not restrict you from traveling to any other country. Spending extended periods outside or failure to submit re-entry proof may go against you when applying for citizenship. Get in touch with an expert Houston immigration attorney if you are likely to face an issue due to traveling outside too frequently.  

Traveling  Impact on Legal Permanent Residents

Traveling and spending an extended period of time outside the USA can make an application for citizenship a little bit more difficult. Here are a few recognized travel conditions that may impact  a Legal Permanent Resident.

  • Being outside the USA for 6 months, USCIS may deem you abandoned your permanent resident status
  • If you are absent for more than a year, the USCIS may cancel your permanent resident status.
  • Any foreign stay beyond two years even makes re-entry permits invalid. A returning resident visa is the only option.

If you have a green card, you must be mindful of not staying too long on foreign soil. It may cause your green card to become annulled.  Consult a professional immigration attorney to know how travel can affect your immigration status.

 

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

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Don’t Learn The Hard Way – Consequences Of A Conviction For Immigrants (Part 3)

Sunday, 27 October 2019 by Kara Lawrence

Obtaining Relief

Simply having a claim is not enough to obtain relief though. There are two parts to an ineffective of counsel claim. You must first prove that the lawyer’s performance was deficient. You must also establish that you were prejudiced. In this context, that means establishing that you would not have pleaded guilty if you had received accurate advice. The ability to do that depends on the facts of the case; if you were caught “red-handed”, and have no possible defense, you are going to have a difficult time establishing you would have insisted on going to trial.

I believe there will be a wave of claims involving defendants who receive some type of deferred disposition.  The reason is that very few lawyers recognize that placement into such a program can subject a person to removal proceedings. Additionally, enforcement has stepped up, especially here in Georgia. I’ve seen a lot of people who were probably subject to removal proceedings, but nothing was ever done. Now, you can expect even the most minor offense will result in some type of action by ICE. Until criminal defense lawyers understand this, there are going to be people who suddenly find themselves in a holding facility, be it county jail or an immigration detention center. At that point, the options aren’t great, but at least you have some.

If you or a family member are in this situation, don’t wait. You need to contact a lawyer immediately.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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  • Published in Criminal, Criminal Defense, Deportation, Deportation Defense, ICE, Immigration, Moral Terpitude
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Don’t Learn The Hard Way – Consequences Of A Conviction For Immigrants (Part 2)

Thursday, 24 October 2019 by Kara Lawrence

The remedy is an application for writ of habeas corpus

Once a person is in immigration custody, the only option is to file an application for writ of habeas. Generally, that will be based on a claim of ineffective assistance or a claim that the plea was not voluntary. Since Padilla, the law is very clear that a lawyer has the obligation to advise a defendant about the consequences of a conviction. The question becomes how extensive that advice should be; in other words, is it enough to say you “might” be deported, or do you need to go further? Under the current administration, do you have an obligation to advise a defendant that they will be deported, or removal proceedings will be initiated?

Writ claims can be divided into two categories:

  1. The failure to provide advice. The failure to provide any advice is rare. Most lawyers know enough to at least tell a client that they might have a problem if they are not a United States citizen. However, it might happen if the lawyer is not aware of the client’s status. There is an argument to make that a lawyer has the obligation to ask the questions and to ask the right questions.
  2. The failure to provide accurate advice. This occurs most often where a client is subject to mandatory deportation, and the lawyer simply tells them they “might” be deported. If the result is automatic, the client needs to know that. This can also occur where the lawyer incorrectly tells the client that they don’t have anything to worry about.

If you or a loved one who is not yet a citizen is facing criminal charges, we are here to help.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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  • Published in Criminal, Criminal Defense, Deportation, Deportation Defense, Immigration
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Don’t Learn The Hard Way – Consequences Of A Conviction For Immigrants (Part 1)

Monday, 21 October 2019 by Kara Lawrence

With as much talk as there has been over the last few years about immigration, you would think most criminal defense lawyers are sensitive to the potential consequences of a conviction for defendants who are not United States citizens. Unfortunately, I continue to see lawyers who believe certain dispositions will protect a client against removal proceedings. Generally, this occurs where the client is placed on deferred adjudication, or placed in some type of pre-trial diversion program. They mistakenly believe that if there is no conviction, there are no immigration consequences.

I’ve recently seen cases where a defendant was placed on deferred adjudication for a minor offense, and when they went to report for probation, were met by ICE officials. They had no idea that could happen until it was too late.

I’ve also seen too many cases where the lawyer fails to ask about a client’s immigration status. They may have grown up here, graduated from high school or even college, and have stable jobs. There is nothing to suggest they are not United States citizens. Some lawyers also ask the wrong question; they might be here under DACA, or have a valid work permit, and if asked if they are “legal” will truthfully answer yes.  If you or a loved one who is not yet a citizen is facing criminal charges, we are here to help.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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  • Published in Criminal, Criminal Defense, Deportation, Deportation Defense, Moral Terpitude
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ICE Uses Fake Universities to Catch Migrant Students Abusing Optional Practical Training

Friday, 18 October 2019 by Kara Lawrence
In an effort to catch students enrolling in graduate programs after not being selected in the H-1B lottery, the Department of Homeland Security (DHS) has been discreetly operating a number of fake universities targeting these migrant students abusing the system.

Immigration officials have been monitoring universities for students whose only intentions for enrolling in graduate programs is to obtain additional Optional Practical Training (OPT) and Curricular Practical Training (CPT). Enrolling qualifies them for work authorization and allows them to extend their lawful presence in the U.S despite not being picked in the H-1B lottery.

The standard U.S. Citizenship and Immigration Services (USCIS) protocol would be to issue Requests for Evidence (RFE) regarding H petitions of suspect students. USCIS, however, appears to have turned to more drastic enforcement measures, putting up nonexistent universities to entrap students.

The first sting operation of this kind happened in Michigan in 2015. USCIS set up the “University of Farmington,” promising flexible schedules and relatively low tuition fees for both undergraduate and graduate students. This went on until 2017, with immigration agents posing as university officials leading the operation that raked in 130 arrests for civil immigration charges out of over 600 suspect enrollees across the country.

Among these, eight were arrested on conspiracy and harboring charges for pretending to be “recruiters.” These individuals were found to have allegedly assisted immigrants in creating and acquiring what both parties knew were false documents for a price.

Another operation was conducted in 2016, resulting in the arrest of recruiters who brought in foreign students to a nonexistent university called the “University of Northern New Jersey.” The recruiters were taken in for allegedly implementing a “pay to play” scheme.

An attorney representing one of the arrested recruiters claimed that the sting operation that led to their arrests was unfair entrapment. They pointed out that nearly all of those arrested for “recruiting” were Indian nationals – all of whom were lawfully present in the U.S. under valid F student status. The Indian government has been urging for their immediate release.

They also claimed that those arrested in the sting operations were deceived or entrapped. The Farmington prosecution responded to this claim in the indictment, arguing that the migrant students arrested were fully aware that they were involved in illegal activities under the university.

The Trump administration has no plans to make changes to the F-1 Student Visa Program. This, paired with the sting operations and new guidance published last year making it harder for migrant students to avail of OPT and CPT work authorization, has made it clear that the government isn’t keen on expanding the program anytime soon.

If you want to learn more about the F-, J-, and M- visa programs, or need assistance in applying for a H-1B visa, We are ready to help. 

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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Trump Administration Cuts Immigration Court Budget Despite Backlog

Tuesday, 15 October 2019 by Kara Lawrence

The Trump Administration announced that it will no longer be hiring additional immigration judges and will implement a number of cost-saving measures to the U.S. immigration system, despite the tremendous backlog the court system is currently struggling to resolve.

According to a Justice Department email obtained by BuzzFeed News, the federal government is pausing all hires of immigration judges, slowing down hiring of support staff, and canceling a training conference. These moves are supposedly designed to cut costs until there is enough funding to resume hiring of judges to handle the backlog of immigration cases.

Steven Stafford, an official with the Justice Department, says the decision is not a full hiring freeze but is instead a slowdown in the pace of hiring judges.

BuzzFeed reports that James McHenry, Director of the Executive Office for Immigration Review, broke the news to immigration court staff, informing them that the department is “considerably short of being able to fulfill all of our current operational needs.” McHenry also attributed the financial cuts to the increase in costs for interpreters, transcriptions, and other operational needs.

This, he claims, is partially due to the timing of 2019’s budget, which was delayed after the Trump administration shut down the government from December 22, 2018 until January 25, 2019—at 35 days, the longest in history.

“This challenging budget situation has led us to a position where difficult financial decisions need to be made,” McHenry wrote.

He added that the cuts would affect part of the 250 attorneys that were supposed to be hired to support April’s class of immigration judges.

The decision to slow down the hiring of immigration judges is expected to worsen the backlogged immigration system. The shutdown had forced the temporary closure of several immigration courts across the country, causing already-unmanageable number of cases awaiting hearing and resolution bloated to its current state.

Since October 2017, when the DOJ approved a plan to reduce the backlog, the pending caseload has ballooned to more than 26 percent, growing from 655,932 cases to roughly 830,000, according to figures from Syracuse University’s Transactional Access Records Clearinghouse (TRAC). The research organization adds that at the current rate of completion, the immigration system would need 3.6 years to clear its backlog, provided it did nothing but resolve pending cases. This assumes that all new cases are placed on hold until the backlog is finished.

Further exacerbating the situation is the news that a number of immigration judges are resigning from their posts, citing the overhaul and interference of the court brought by the Trump administration’s policies.

“The job has become exceedingly more difficult as the court has veered even farther away from being administered as a court rather than a law enforcement bureaucracy,” explained an immigration judge union leader.  If you currently have an immigration case ongoing or awaiting hearing and need legal assistance, we are here to help. 

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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Why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card (Part 4)

Saturday, 12 October 2019 by Kara Lawrence

Reasons why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card, See our previous articles for Part 1, 2, & 3.

8.  Potential Tax Advantages 

Depending on the duration of stay in the US, the treaty investor applicant may potentially be classified as a non-resident and therefore not be liable for tax on worldwide income. Consultation and tax planning is highly recommended especially for high net worth individuals who choose to apply for the E-2 visa.

9.  Relatively Low Legal Cost

The legal and filing fees to obtain an E-2 visa are significantly less than legal and filing fees for other visa categories like the EB-5 visa or the Immigrant Investor Program. Our firm offers a fixed fee so the applicant has the assurance that he or she will not pay exorbitant legal fees.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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  • Published in Employment-Based Visa, Immigration
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Why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card (Part 3)

Wednesday, 09 October 2019 by Kara Lawrence

Reasons why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card, See our previous articles for Part 1 & 2.

6.  Dependents are entitled to E-2 derivative visas

The spouse and dependent children of the treaty investor applicant qualify for E-2 derivative visas should the application be approved. With the derivative visa, the spouse may apply for Employment Authorization Document and work for any employer in the US while the children are permitted to study in American public schools.

7.  Flexibility with Travel

Since the E-2 visa is a non-immigrant visa, there is no requirement to establish residence or domicile in the US. The applicant is free to travel for as long as the E-2 visa is valid. This is an important advantage especially for individuals who have businesses in various parts of the world.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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Why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card (Part 2)

Sunday, 06 October 2019 by Kara Lawrence

Reasons why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card, See our previous article for Part 1.

3.  Funds to be Invested may come from various sources

The funds to be invested should be the personal funds of the applicant. The funds may come from employment or business income or from the sale of property. The funds may also be from a loan provided it is not secured by the E-2 enterprise or its assets. 

Interestingly, the funds may also be gifted to the applicant. If the applicant, does not have enough personal funds, relatives and even friends may gift additional funds to the applicant.

4.  Control of Investment Funds and the Treaty Enterprise

The treaty investor applicant will come to the US to develop and direct the enterprise. Essentially, the applicant has discretion as to how he wants to spend start-up funds or working capital for the success of the enterprise. The applicant is responsible for making all business decisions to ensure that the enterprise will be a success.

5.  You may opt for a franchise

It can be challenging to make start-up company a success. With the franchise option, the applicant has all kinds of support from the franchisor to make sure that the E-2 enterprise will meet its targets and generate revenues and employment. There are numerous franchise opportunities in the US that are suitable for the E-2 visa that do not cost a fortune.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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Why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card (Part 1)

Thursday, 03 October 2019 by Kara Lawrence

The E-2 nonimmigrant classification permits a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

 

To qualify for E-2 classification, the treaty investor must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

Below are the specific reasons why the E-2 Treaty Investor Visa may be the next best thing to a green card:

1. Quick Processing Times

If one already in the U.S. on another lawful non-immigrant status, there is an option to apply to change status to E-2. The Treaty Investor applicant may choose premium processing by paying an additional fee of $1,410. With premium processing, USCIS will adjudicate the application within 15 days.

On the other hand, if one is outside the U.S., consular processing is the way to go. Processing time varies with every Embassy or Consulate. It usually takes the E-2 Consular Section around two weeks to a little over a month to review the E-2 visa application before they schedule the appointment for interview. 

2.  Relatively Less Capital Investment Needed

There is no minimum capital investment required but the investment amount must be logical and reasonable in relation to the nature of the business. In general, we recommend an investment of at least $100,000. The investment amount varies depending on the nature of the business. A service-oriented business like a consulting company will require less capitalization as compared to a full-service real estate company which will require more than $100,000. 

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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