In what appeared to be a win for civil rights the Supreme Court defined what “notices to appear” in immigration court as defective if they did not provide a (1) date, (2) time, and (3) location for an immigrant to appear in court. The Immigration Customs and Enforcement’s (ICE) own paperwork requires this information! It is only common sense that a person can’t honor the requirement to show up without knowing when and where.
The ruling issued in June 2018 affects immigrants’ applications for cancellation of removal proceedings. The cancellation of removal application must show that the person has resided in the U.S. for a defined amount of time. ICE argued that, even if it is defective, the notice to appear stopped the immigrant’s accrual of time toward their minimum stay. In other words, it eliminated their ability to show they met the burden for length of stay.
The Board of Immigration Appeals issued a new rule in September 2018 skirting the Supreme Court decision. If ICE issues a notice later that includes the date, time and place that counts as a correction to the original notice to appear. According to the BIA, the date of the original notice becomes valid and thus stopped the accumulation of time on that earlier date.
If the BIA rule is allowed to stand then immigrants will lose some of their required residency time despite the fact they have been physically present. A skilled immigration attorney can assist with this tricky, yet unfair practice. Losing some of their required residency time despite the fact they have been physically present can also mean that immigrants and their attorneys may not be able to determine whether the applicant met the minimum physical presence requirement for cancellation of removal.
Essentially the BIA is saying it it does not have to comply with the Supreme Court ruling, or at least the spirit of it.
Experienced immigration attorneys provide your best chance to fight defective notices to appear and obtain a cancellation of removal. We have the knowledge to help you with your individual situation. Click here or call us at (678) 324-8511 for an evaluation of how we can help you!
Georgia restricts sex offenders on Halloween.
Strangers with candy — the convicted sex offender kind — are statistically no more likely to tempt children on Halloween than on other days of the year, but that hasn’t stopped Georgia and other states from taking extra precautions.
Georgia has no law specifically prohibiting sex offenders from participating in Halloween activities. However, state agencies tasked with supervising them have issued stringent restrictions for this weekend to keep trick-or-treaters safe.
Sex offenders on parole or probation are being told to turn off their outside lights and refrain from decorating their homes for the holiday. They must not answer the door unless it’s to a law enforcement officer or an emergency responder, said Steve Hayes, spokesman for the state Board of Pardons and Paroles, which supervises about 500 paroled sex offenders.
“That is completely forbidden and could lead to an arrest warrant for violation of parole,” said Hayes.
Approximately 20,000 registered sex offenders live in Georgia.
The state Department of Corrections, which supervises roughly 6,000 of them, is requiring sex offenders to adhere to a curfew on Halloween weekend: It’s on both Saturday and Sunday from 6 p.m. at night through 5 a.m. the following morning.
As part of “Operation Safe Halloween,” probation officers will visit some sex offenders’ homes at random to ensure compliance, said Peggy Chapman, a spokeswoman for the state Department of Corrections.
If you or a family member is charged with a crime that would make them a registered sex offender, call us at 678-324-8511 or click here to discuss the particulars of your case by scheduling an initial consultation. You deserve to go through this ordeal with a committed defense attorney on your team.
Green Card for Battered Spouse, Children & Parents
“Our office has assisted many abused spouses to obtain the legal residency using the VAWA (Violence Against Women Act). You can apply for this benefit even if you under deportation and even if you entered the U.S. illegaly.” As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abusers’ knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA. Help is also available for battered spouse, child or parents from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224. The hotline has information about shelters, mental heath care, legal advice and other types of assistance, including information about filing for immigration status.
Who is Eligible to File as a Battered Spouse, Parent or Child
- Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
- Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
- Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.
Eligibility Requirements for a Green Card as a Battered Spouse under VAWA
- married to a U.S. citizen or permanent resident abuser or
- your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, or
- your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or
- you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
- have been abused in the United States by your U.S. citizen or permanent resident spouse, or
- have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or
- you are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent spouse.
- entered into the marriage in good faith, not solely for immigration benefits.
- You have resided with your spouse.
- You are a person of good moral character.
Eligibility Requirements for a Battered Child under VAWA
- are the child of a U.S. citizen or permanent resident abuser or
- were the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.
- have been abused in the United States by your U.S. citizen or permanent resident parent or
- have been abused by your U.S. citizen or permanent resident parent abroad while your parent was employed by the U.S. government or a member of the U.S. uniformed services.
- You have resided with the abusive parent.
- You have evidence to prove your relationship to your parent.
- You must provide evidence of good moral character if you are over the age of 14.
Eligibility Requirements for a Battered Parent
- You are the parent of a U.S. citizen son or daughter or were the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filing.
- You have been abused by your U.S. citizen son or daughter.
- You have resided with the abusive son or daughter.
- You are a person of good moral character.
Filing Process for Battered Spouse, Child or Parent
- You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation.
- You must file the form with the Vermont Service Center (VSC).
- If you meet all filing requirements, you will receive a notice (Prima Facie Determination Notice) valid for 150 days that you can present to government agencies that provide certain public benefits to certain victims of domestic violence.
- If your Form I-360 is approved and you do not have legal immigration status in the United States, we may place you in deferred action, which allows you to remain in the United States.
Working in the United States If you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States. To apply to work in the United States, you must file the Form I-765, Application for Employment Authorization, with the Vermont Service Center. Your children listed on your approved Form I-360, may also apply for work authorization. For more information on working in the United States, see the “Working in the U.S.” link to the right.
Permanent Residence (Green Card) for Battered Spouse, Child or Parent)
If you have an approved Form I-360, you may be eligible to file for a green card. Your children listed on your approved Form I-360 may also be eligible to apply for a green card.
To discuss the specifics of your case, call us at 678.324-8511 or e-mail at email@example.com today to learn more.
Shoplifting is a common first offense, which means many people charged with this crime have no idea what will happen next. In Georgia, shoplifting can be charged as a felony, and even a first conviction can have lifelong consequences in addition to jail time and fines. Many people arrested for shoplifting in Georgia have a dizzying number of questions.
If you’ve been charged with shoplifting in Georgia, do not make the mistake of taking these charges lightly, even if it’s your first offense. And especially if you are undocumented or have yet to naturalize. Georgia police and courts take these charges very seriously, and they can be charged as misdemeanors and felonies depending on the circumstances of the arrest. If you need help fighting shoplifting charges or have a shoplifting charge on your record, don’t wait to call us.
Even a misdemeanor like shoplifting or petty theft can be upgraded to aggravated felony under immigration law. Shoplifting is considered aggravated felony if the actual sentence from the court is one year or longer of jail time, even if you don’t serve jail time due to a suspended sentence.
The legal process may move slowly after you’ve been arrested, but that doesn’t mean you can wait to start protecting yourself. If you or a family member has been arrested for a shoplifting offense, call us at 678-324-8511 or click here to discuss the particulars of your case. You deserve to go through this ordeal with a committed attorney on your team.