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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Waivers for Immigrants (Part 3)

Different Types of Immigration Waivers

·         WAIVER

An immigrant with a family member who is expected to suffer extreme hardship in the United States due to his removal qualifies for this waiver. This is to provide relief to anyone with an application for immigrant visa, green card, or status of adjustment pending. You just need to prove that you have a US resident, who needs you to avoid extreme hardship.

I-601 waiver can override any inadmissibility due to unlawful presence, criminal conviction, and visa fraud.  Always consult an immigration attorney to know inclusions and exclusions specific to your status.

·         PROVISIONAL WAIVER

If an immigration has an approved I-130 petition, they may seek what is called an I-601A waiver. This waiver is meant to forgive the immigrant for unlawful presence in the country and will remove the 3- or 10-year bar on him. The waiver for immigrants permits the applicant to go back to his home country to complete all formalities of the consular process and come back to the United States. He does not need to spend years waiting for the immigration visa. Having a trusted Houston immigration attorney to fight your cause can help you apply for and get the I-601 provisional waiver easily.

·         WAIVER

This immigration waiver is to help those barred from entry into the United States due to a criminal conviction or unlawful stay. If you are deported back to your home country and not allowed to return following proven criminal charges or removal proceedings, I-212 waiver is the only option to seek respite.

An I-212 waiver application is the most preferred method to appeal against inadmissibility grounds. However, the preparation and filing involve complex procedures and need proper documentation that cannot be completed without support of a skilled Houston immigration lawyer to guide you.

·         HUMANITARIAN AND NATIONAL INTEREST WAIVER

One can seek an immigration waiver on the ground of humanitarian support. This is helpful for people, who are refugees, seeking asylum, or facing prosecution back home. Also, anyone with a qualification or profession that can benefit the US arts, sciences, or businesses can seek immigration waiver on the ground of national benefit.

The list of inadmissibility is extensive and has a real impact on your prospects of obtaining permanent US residency. Though there are waivers for immigrants, the process is difficult and needs preparation and filing of applications/documents. Contact us to learn more about waivers.

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Waivers for Immigrants (Part 2)

When You Can Seek Waivers

Section 212 of the Immigration and Nationality Act provides various grounds of inadmissibility for immigrants seeking to stay in the United States. These include:

  • Unlawful US entry, abusing a student visa, false claiming of citizenship, illegal US stay, using smuggling routes or stowaway methods to enter the United States.
  • Health grounds, such as failing to be immunized, suffering from any communicable disease, being a drug addict, diagnosed with mental disorders posing threat to others
  • Facing criminal charges or jailed for 5 years at home or in the United States, drug or human trafficking, economic offenses, including money laundering.
  • Visa fraud or using any kind of misrepresentation in a visa application.

If any of these inadmissibility grounds pose a threat to your permanent resident status, get in touch with an immigration attorney in Houston to explore waiver options.

An immigrant who has entered illegally or overstayed must have to follow the consular process to apply for permanent residency. This requires him to leave the United States and apply for the residency visa at his home country. An unlawful entrant has to stay out of the country for 3 to 10 years before he is eligible to apply for an immigrant visa. Such a clause may force him to stay out of the US borders for years due to the tedious immigration process. If he has a family or loved ones in the United States, they are bound to suffer in his absence. Immigration waivers also provide him an opportunity to waive those 3 or 10 year ban from the country.  If you or a loved one is facing a ban from reentry, contact us.

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Waivers for Immigrants (Part 1)

The US immigration process is a long and complex process that can be a headache if you do not use an experienced immigration lawyer. One of the risks is being designated “inadmissible.” This effectively bars the entry or re-entry of an immigrant to the United States under various grounds, such as unlawful presence, health concerns, economic offenses, and criminal charges.

However, this does not mean the end of your chance to obtain a non-immigrant visa or seek permanent residence status. There are waivers that a person can claim to overturn the decision and make them admissible. Consult us to learn which specific conditions allow waivers and what type of waiver is applicable to your case.

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Petition To Remove Conditions of Residence (Part 2)

 

Who Is Eligible

The following types of people with conditional resident status can file a petition for the removal of conditions in favor of permanent residency.

  • Spouse of a US citizen or permanent resident
  • A divorced, separated, or widowed spouse of a US citizen or permanent resident
  • A child who received conditional status 90 days after his parent got the same
  • Abused partner of a US Citizen

In case of divorce and abuse, you need to consult an immigration lawyer to navigate through tricky issues and potential questions and prove that your marriage was in good faith.

The Filing Process

By filing the Petition To Remove Conditions of Residence within 90 days of the expiry of your conditional green card, you get a residential extension for up to 12 months. It can be filed even if you are out of the United States. But the applicant has to return for the interview. The process requires joint signing and interview of the applicant and his or her spouse. In case of divorce or separation, a request for the waiver from the joint application is required.

The U.S. Citizenship and Immigration Services requires the couple to be present for an interview and give biometrics. If anything is found missing or incomplete, they may deny your application. Unless there are issues, the application is approved with a 10-year, green card.

Common Issues To Consider

  • Delay in approval: It may take 5-12 months to remove conditions on residence and get permanent resident status.
  • Joint filing waiver: One may seek a waiver from joint filing of a Petition To Remove Conditions of Residence in case of death, divorce, or abuse from the spouse. Abuse or extreme cruelty is also a ground for seeking the waiver. However, good documentation is needed.
  • Good faith marriage condition: You need to prove that the marriage is not a sham to obtain resident status. Immigration authorities are very strict about it and reject any permanent residence status if have reason to believe it is a fraudulent marriage.

Immigration requirements for approving a Petition To Remove Conditions of Residence are stringent and complex. You cannot afford to make any mistake or become lax. It pays to seek the advice of an expert immigration attorney.

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Petition To Remove Conditions of Residence (Part 1)

When an immigrant receives their legal permanent resident status, it is only a conditional card valid for two years. A Petition To Remove Conditions of Residence enables him or her to remove the conditional clause and obtain the approval for permanent residency. However, any mistake in the filling of the form and inability to handle issues cropping up during the approval may lead to deportation proceedings.

What is a Conditional Green Card?

Foreigners or those on immigrant visas married to US citizens or lawful permanent residents for less than two years are given conditional resident status. The US green cards issued to them is valid for two years from the day of issuance. However, these green cards are non-renewable and such persons are likely to be deported unless they apply to become permanent residents.

According to the US immigration regulations, conditional residents must apply for permanent residence status within 90 days of their conditional green card expiration. The application can also include a child allowed conditional resident status along with you. The failure to do so makes them liable for removal from the country.

A Petition To Remove Conditions of Residence is the only process of removing conditions on residence so that you can prevent deportation and stay in the United States permanently. Consulting an immigration attorney in Houston is good advice to avoid any mistake, delay, documentation errors and to finalize your permanent resident process.

If you or a loved one seeks to remove condition of their residence,

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Forming a Georgia Business Entity

Once you have come up with a small business plan the next thing you should do is create your business entity. The Georgia Organizations Code governs all rules on business formation in Georgia. There are various different business entities a small business can form. Each has its own unique advantages and disadvantages for tax and liability purposes. Deciding which business entity is for your small business is a very important decision that carries legal implications. Make sure you speak with a small business lawyer so that they can explain to you all the possibilities. Make sure you choose the right business formation for your small business in Georgia.

Things to consider when forming a Business Entity

Liability:

If your company were to be sued do you know who would be liable? Would it be your company or would it be you personally? Depending on which business entity you choose your personal assets can be at risk for problems of the business. It’s important to select the correct business entity that protects and separates your assets and your personal liability. We will also explain to you how to keep good business methods so you don’t open yourself up to personal liability.

Tax implications:

When setting up your small business you need to think about how the company will handle federal taxes. Will it completely ignore taxes and pass it straight to the business owner? Will it pay the taxes on a corporate level? These are decisions that the business owner and our lawyers can help decide which is the best option for the growth and foundation of the business.  We work with various tax attorneys, accountants, and copyright & trademark attorneys that can also be made available to our clients, as needed.

Articles of Incorporation:

What are the rules and framework of the company? Who decides what course of action to take in certain situations? Will your company have multiple partners or members? What are the roles of each of those members? When forming your small business there will be a lot of decisions to make and establishing how your company will operate is one of the most essential parts of a business. Speaking with a small business lawyer can help you get all your ideas down on paper and keep your company safe.  If you are considering starting a small business or have already begun and want to get your business on track, contact us.

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Starting a Small Business

Starting your own small business can be a very exciting and nerve wracking journey. One must find the balance of conducting business and making sure you are protecting yourself and your company. Starting a small business should begin with a business plan. The plan should include the overview and purpose of the business. After you have created the plan the first step you should take is establishing your business entity.

FRAMEWORK FOR A SMALL BUSINESS

Establishing your business entity is one of the most important decisions you will make for your business. It will establish many aspect of the business such as taxation, liability, organization and who makes the decisions for the company. In Georgia the Business Organizations Code are the rules for starting a small business.

When you create your small business you will need to establish a legal presence with the Secretary of State or run the risks of personal liability. When starting a small business one should always lay out the groundwork for how the business is to be ran and who are the decision makers. Establishing a good framework can allow the business to grow easier and avoid legal complications.

We enjoy talking with new small business owners and trading ideas on how we can make your small business grow and stay protected at every turn.

We offer the Small Business Startup package which is great for new and starting business. Getting off to a good start is the best way to prevent future legal troubles. With our Small Business Startup package you can speak with us and discuss the best startup possibilities for your company.

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Traveling Outside US and Re-Entry: Consequences to your Immigration Status (Part 4)

Why Should You Avoid Extended Travel?

If US citizenship is your ultimate aim, avoid extended travel out of the country. A permanent resident can apply for citizenship 3 or 5 years (subject to his status) after staying in the United States. During this period, he must

  • be physically present in the country for more than half of the time,
  • have a continuous presence in the state, where his application is filed, for more than 3 months, and
  • have not remained absent from the United States for more than a year.

Find out detail qualifications and requirements for US citizenship while consulting an expert immigration attorney.

Different Types of Travel Documents Required

Advance parole is for those who have applied for permanent residence, adjustment status benefits, or asylum status.

The refugee travel document is a must for refugees, asylum seekers, and temporary residents with protected status.

Re-entry permits are for permanent residents or those with conditional resident status.

Failure to obtain any of these travel documents may result in the denial of entry to the United States. Explore your options and fight against deportation or removal proceedings with the help of an immigration attorney.

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Traveling Outside US and Re-Entry: Consequences to your Immigration Status (Part 3)

What Is Re-entry Permit?

This permit essentially lets you re-enter the country because you received approval before hand.

The permit can be used by permanent residents who plan to stay outside for over six months or one year. It is valid for two years or until the date you need to apply for removing residency conditions. Such a permit protects you from traveling issues impacting your immigration status. However, the permit benefits cease to exist if your absence leads authorities to believe that you cut all ties with the United States.

To avoid such immigration blues, you must consider applying for a re-entry permit. Always consult a reliable immigration lawyer to know about re-entry permit and its advantages.

When Can A Green Card Holder Be Denied Re-Entry?

  • If you have certain medical conditions, including tuberculosis.
  • If your entry appears to be facilitated by foreign governments or agencies.
  • If you are accused of committing crimes.
  • If your long absence causes a cut off of all ties to the country.

It is pertinent to seek advice from a visa attorney prior to traveling to a foreign country, as the reasons for admission refusal outnumber the deportation grounds.

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