Mistakes in Your Adjustment of Status Petition Could Derail Your Family’s Plans
Many immigrants come to Georgia and other parts of the United States and find love. As a result, they may want to marry individuals who are already U.S. citizens. This action could change many aspects of their lives, including their immigration status. Of course, as with any type of adjustment of status, the correct steps need to be taken.
Individuals hoping to obtain a marriage-based green card have many mistakes they need to avoid. Even a seemingly minor error could result in serious issues and possibly the denial of an application. If an immigrant entered the United States legally, his or her spouse could apply for the green card on the person’s behalf. If the individual did not come into the country through legal means, he or she will not qualify for this visa.
Additionally, it is important not to jump into the process too soon. For instance, if a person entered the country on a tourist visa then immediately attempts to apply for a marriage-based green card, this action could raise suspicions that the visa was fraudulent or that other wrongdoing has occurred. Even if individuals know that their relationships are legitimate and are simply ready to move forward with the process, being too hasty can lead to issues.
Another factor that individuals hoping to obtain this green card need to remember is that professional assistance could make all the difference. An adjustment of status is not an easy process to complete, and without the right information, individuals may find themselves at a loss. It is wise for interested individuals to consult with us to help with this complicated process.
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- Published in Family-Based Petition, Fiance Visa, Immigration
DNA Testing Asylum Seekers Raises Concerns
Already, immigrants have numerous hurdles to jump in efforts to come to Georgia and other parts of the United States. Unfortunately, it appears that those seeking asylum will continue to have more hurdles placed in front of them and more difficult journeys toward safety in a new country. According to recent reports, an additional step that some may face is DNA testing at the border.
Utilizing this testing is purportedly to help find “fraudulent families” that may be attempting to enter the United States with children who are not related to them. Because children and families are not subjected to indefinite holds in immigration detention, there is speculation that some individuals are attempting to cross the border with unrelated children in hopes of avoiding prolonged detention. The testing would reportedly inform investigators in approximately 90 minutes whether individuals are related.
Understandably, this proposed testing has caused much concern for immigration advocates. Previously, immigration authorities have unnecessarily separated families and have considered families fraudulent after suspecting that a child is older than 18, and this testing may cause more unnecessary separations. Additionally, DNA testing could cause significant problems for parents or guardians who are not biologically related to their children.
Seeking asylum may be some individuals’ desperate attempt to find better lives for themselves and their families when danger presents itself in their homelands. Of course, the idea of going through the necessary procedures and potentially ending up in immigration detention can seem almost as harrowing. Still, individuals hoping to reach the United States safely may want to contact us to understand their rights and options for these matters.
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- Published in Asylum, Immigration
What Topics Are Covered on the Naturalization Exam?
The Naturalization Exam covers the following areas:
- -Read, Write and Speak basic English
- -Basic understanding of the United States Constitution
- -Basic understanding of US history and civics
After you pass this exam, then the USCIS officer will review your file to decide whether to grant or deny you citizenship application.
At our law office we take great pride in our work and help you every way we can. We understand how important your citizenship is and want to help you. We are here to answer all your questions so that you feel confident in your application. Contact us today to discuss the particulars of your case.
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- Published in Uncategorized
What is the Eligibility Criteria needed to become a Naturalized U.S. Citizen?
Eligibility Criteria for applying for U.S. Citizenship:
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- Legal Permanent Resident at least 5 years (there is a 3 year exception for petitions who gained a green card through marriage)
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- At least 18 years old
- Continuous residence in the United States for 5 years
- Live within the United States Customs and Immigration Services District for at least 3 months prior to applying
- Demonstrate you are a person of “Good Moral Character”
Once you are sure you fulfilled all those requirements you can now be eligible to apply for citizenship. We always recommend to consult with a lawyer for any immigration matter because of its importance. The applicant’s history that can make them ineligible to apply for a citizenship. If you have ever been arrested, you need to consult with an immigration attorney to discuss your situation.,
After you are sure you are eligible to apply, you must fill out the Naturalization application with its supporting documents. USCIS requires a filing fee to submit the application to one of its service centers. Once the application is received they will schedule you for an interview with a USCIS officer. At the interview the officer will go through your entire application and documents to make sure everything is satisfactory. The officer has the discretion to grant or deny your application. That is why it’s so important to consult an attorney and make sure the application is done correctly.
The applicant will also have to take a test at the USCIS office. The test is used to determine if the applicant is well enough versed with the history and ways of the country.
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- Published in Employment-Based Visa, Family-Based Petition, Immigration
Applying for U.S. Citizenship
The last step in the Immigration process is Citizenship also called Naturalization. Once you become a citizen you receive amazing benefits such as being able to vote and helping family members migrate to the United States. To become a citizen you need to fulfill the eligibility requirements, fill out all documents and take a test. It sounds easy but there are certain things to look out for when applying for citizenship.
The most important part in starting the process to become a citizen is the applicant must be a Legal Permanent Resident. How someone obtains their Green Card does not matter but without the Green Card, one cannot apply to be a citizen for citizenship. If the applicant does have a Green Card then they must make sure they satisfy the other requirements.
If you or a loved one are interested in becoming a naturalized U.S. Citizen, contact us.
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- Published in Family-Based Petition, Immigration
Waiver of Deportation Proceeding
There are a number of grounds where waivers are available. A waiver ends the removal proceeding and you get a chance to live in the United States. A judge takes into consideration your past record, conditions in your home country, immigration violations, and gravity of criminal charges against you while contemplating granting a waiver.
The Adjustment of Status allows one to get a waiver from removal proceeding citing his family’s lawful immigration and green card qualification. Victims of domestic violence committed by a US citizen or lawful resident can also seek waiver against deportation. With an able immigration attorney representing your case, you may appeal for withholding of removal citing your eligibility for asylum or protection against persecution or torture at home.
Another option is “U” visa. A person is entitled to this visa and subsequent permanent resident status if he or she has helped authorities in the investigation and prosecution of other criminals.
If any of your loved ones facing deportation and you want an experienced and reliable immigration attorney contact us.
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- Published in Deportation, Deportation Defense, Immigration
Seeking Lawful Permanent Resident Cancellation
Talk to an immigration attorney about various cancellation provisions that you may be eligible for.
- A lawful permanent resident (LPR) staying in Georgia (or any other state) continuously for five years or more can file a motion for cancellation of removal following criminal convictions and seek a second chance. This is applicable to persons who have valid immigration documents and not charged with an aggravated felony.
- A person lawfully living in the United States for 10 years or more and with a good moral character can petition for cancellation of deportation proceeding citing potential exceptional and unusual hardship to family members, who are lawful permanent residents or US citizens.
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- Published in Deportation, Deportation Defense, Immigration, Immigration Bond Hearing
How Can I Secure an Immigration Bond?!
The first thing an immigration attorney considers is if the detained person is eligible for posting a bond. It is the best way to get released from the detention while the removal proceeding is underway. The money for the bond should be deposited by a lawful Georgia resident with valid identity and proof of valid immigration status. This person is known as “obligor,” he is responsible to ensure that the migrant detainee presents himself before authorities whenever required.
The bond is payable to the Department of Homeland Security and should be in the form of a cashier’s check or US postal money order. People without serious criminal charges or a previous history of detention stand a good chance to seek release by posting a bond. One’s immigration history also plays a part in determining eligibility. However, the amount for a bond is set by immigration authorities. An immigration attorney determines if you are entitled to it and file a motion for a bond hearing or a reduced bond appeal.
If you or a loved one are detained and interested in asking the Immigration Judge assigned to your deportation proceeding for a bond, contact us without delay!
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- Published in Deportation, Deportation Defense, Immigration, Immigration Bond Hearing
What Should I Do if Detained by ICE?!
Immigration authorities follow multiple methods to track and arrest migrants subject to removal proceedings or deportation. It may include workplace raids, highway stops, or even during visits to immigration offices. In Georgia, people arrested by ICE officials are sent to the contract detention facility hours away from Atlanta or any other detention center or county jail approved to house such inmates. Foreigners who served their criminal sentences are also transferred to these detention centers.
As soon as one is detained or faces the potential risk of detention, it is in his best interest to consult an immigration lawyer with a proven track record. We can figure out if the detained person is eligible for bond and start to build his defense.
If you or a loved one is facing deportation, contact us to investigate the particulars of your case.
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- Published in Deportation, Deportation Defense, Immigration, Immigration Bond Hearing
Who Is At The Risk of ICE Detention and Being Placed in Removal Proceedings
The U.S. Immigration and Customs Enforcement (ICE) made 143,470 administrative arrests in 2017. About 92% of those arrested were convicted of a crime or had pending criminal charges. A review of the ICE statistics over the years indicates that criminal convictions account for more than half of deportations. However, those facing deportation after arrest or an illegal border crossing may have a chance to avoid it provided that they are supported by an expert immigration attorney.
Migrants detained have the right to defend themselves through an immigration lawyer and seek freedom from detention.
The ICE can arrest, detain, and start removal proceeding against an undocumented person residing in the United States, if
- he is criminally convicted
- he is facing criminal offense charges
- his actions are similar to a chargeable criminal offense
- he is party to fraudulent or willful misrepresentation involving a government agency
- he is accused of abusing a public benefit program
- he is a risk to public safety and national security
- he is subject to the final removal order but ignores his legal obligation to leave the United States.
If you or a loved one are in danger of being deported, contact us for a case evaluation.
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- Published in Deportation, Deportation Defense, ICE, Immigration