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 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
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
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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- Published in Family, Family-Based Petition, ICE, Immigration
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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- Published in Family, Family-Based Petition, ICE, Immigration
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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- Published in Immigration
Traveling Outside US and Re-Entry: Consequences to your Immigration Status (Part 2)
Should I Stop Traveling Outside?
It depends on what you are trying to accomplish. I always advise my clients not to leave while any immigration application is pending. While we may be overly cautious, we look out for the client’s best interest. The immigration process is lengthy, expensive and exhaustive. I would hate if one my client’s application was deemed abandoned because US Citizenship and Immigration Services (USCIS) saw that they left the country.
If you are a Legal Permanent Resident then our advice would be to limit your international travel to less than 180 days out of the year. The reason is USCIS may claim that because you spend half of your time outside the USA then you don’t want to be a “permanent” resident. While it is silly we have to play by their rules. Also if you want to apply for citizenship, USCIS will look at your past five years and make sure that you spend at least half of that time in the USA.
Now let’s pretend you have to travel outside the country for an emergency or something of great importance. There is a re-entry permit that if granted could allow you back into the country without your application being deemed abandoned or without any consequence to your green card.
Talk to an us to know what travel length may spell troubles for your particular case.
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- Published in Immigration
Don’t Learn The Hard Way – Consequences Of A Conviction For Immigrants (Part 2)
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:
- 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.
- 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.
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- Published in Criminal, Criminal Defense, Deportation, Deportation Defense, Immigration