Criminal conviction

Petitioning for your Spouse While He or She is in Removal Proceedings

Often our U.S. Citizen clients marry or are engaged to a non- U.S. citizen who is suddenly thrust into Immigration Removal Proceedings for a variety of reasons.  A Notice to Appear (NTA) is what U.S. Immigration Court issues to initiate removal proceedings against an individual for a variety of reasons.  Removal proceedings may be initiated by the Government due to prior criminal history, or overstaying a visa.

If a couple who is dating or engaged discovers that an… Continue reading

What Do I Do Now!…I am a Conditional Permanent Resident and My U.S. Citizen Spouse Will Not Attend the Interview With Me

We explain in this short blog the steps that need to be taken when a Joint I-751 (Application to Remove Conditions from Green Card) is filed, and the U.S. Citizen spouse subsequently refuses to attend the interview.  Ultimately, the marriage begins to fail or fails before the requested USCIS Interview. In our previous blog posts, we have explained the I-751 Application process and I-751 waivers more extensively. Below we focus on specific steps to follow if by the time… Continue reading

E-2 Investor Visa as a First Step Visa to U.S. Permanent Resident Status

For our business clients, an E-2 visa is often the best first step when considering U.S. Permanent status as an option for the future.  Often our clients first consider an EB-5 Based Green Card as their path to Permanent Resident status.  However, it is important to remember that this Green Card is conditional and the risk of  the Green Card not being renewed is always a possibility because of the many high exceptions which must be met… Continue reading

U.S. Citizen Parents Sponsoring Step-Children for U.S. Permanent Resident Status

As our world society becomes more connected, internationally blended families are becoming the norm. U.S. Citizens who marry a Foreign National spouse who has children may sponsor their step children as an immediate relative, but the law varies based on the U.S. status of his or her spouse. There are 3 general categories of foreign national spouses which effects the way a step child can be sponsored.

Permanent Residents Status, Travel and U.S. Customs CBP – Avoiding Problems

Recently, our law firm has seen a rise in our Permanent Resident clients facing challenges at the airports and certain borders.  Especially, Dulles Airport and Canadian Borders.  Baltimore Washington International Airport (“BWI”), and Ronald Regan Airports can also at times be challenging for Residents. It is important to remember that if you, or a family member, are not yet U.S. Citizens, you are in essence applying to be admitted every time you cross a border or travel overseas… Continue reading

From Immigration Excitement to Immigration Horror…U.S. Permanent Residents and Immigration Consequences due to Criminal Conviction

We hope this blog article will help new U.S. Permanent Residents understand and prevent against the high cost of having to defend one’s right to maintain their U.S. Green card shortly after receiving it.  Likewise, this short article will outline what steps a criminal attorney with expert immigration counsel will need take to ensure that a U.S. Permanent Resident does not become deportable or inadmissible(unable to travel overseas and be admitted back to the United States) as a result… Continue reading

ALMOST THERE DREAMERS-Relief Announced by the Department of Homeland Security

On June 15th, excitement quickly ripped across the nation.  The Dream Act has been passed!  But, upon a closer look this is not exactly the case.  However, the good news is that there was a major step made forward to provide some relief to Dream Act Eligible individuals (Dreamers).  The focus of this blog post is to explain what the announcement by the Department of Homeland Security(“DHS”) provides for Dreamers.  We do not get into… Continue reading

From Student Visa to U.S. Permanent Resident- STEM ,OPT and the Student F-1 Visa

The value of International Students in the United States and their ability to impact and position the United States for economic growth is becoming more and more recognized by U.S. policy and lawmakers.

Student visas are issued to international students to attend school in the United States called F-1 visas.  After a foreign national completes their program in the United States, they are offered Optical Practical Training (“OPT”).  The purpose of this blog article is to explain a… Continue reading

When Returning to your Home Country From the United States Is NOT an Option Asylum, Withholding of Removal and CAT

Asylum

Asylum status may be given to an individual who meets a very strict definition of refugee. A refugee or asylee is defined as any person outside his or her county of nationality (or in the case of a persons having no nationality, their last habitual residence) who, because of a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion, is unable or unwilling to return to that country,… Continue reading

Virginia Assault and Battery- Immigration Consequences for the Non-Citizen

The purpose of this article is to discuss the often confusing subject of whether an assault and battery in the State of Virginia is an aggravated felony prohibiting a U.S. non-citizen who is convicted of such a crime from applying for many forms of relief if placed in removal.  Without relief, a non-citizen client will be removed (deported) from the United States.

If you or your loved one are currently charged with assault and battery as a non-citizen of… Continue reading