criminal

You and Family Becoming Legal in the U.S.–245i Eligibility and Grandfathering

INA 245(I)  is the latest grace extended by the U.S. government to legalize anyone in the United States back in April 2001 who overstayed their current U.S. visa or walked across the border without inspection (EWI).

In order to be considered grandfathered under 245i, an alien must satisfy the following requirements pursuant to 8 CFR 245.10:

1) The alien was the beneficiary of a qualifying immigrant petition or application for labor certification filed on or before April 30, 2001. 2) … Continue reading

Immigration News- Dream Act

Imagine, you are 16 years old and excited to finally get your driver’s license but suddenly you find out the worst!  Or you have dreamed your entire life about becoming a doctor, nurse or engineer and followed good advise  “just get good grades in school” and you will succeed; you do all this only to find out the roadblocks you face to a post secondary education and career are often insurmountable.

Without the Dream Act, millions of undocumented young women… Continue reading

Digging Deeper and Deeper How Far Will They Go? When the Non-Citizen is in Deportation Proceedings…Challenging the Government on Removability

Categorical, Modified Categorical, Matter of Silva-Trevino—what does this all mean for someone who has been placed in removal based on past criminal convictions?

This brief article gives a simplified explanation of how someone, who is not a lawyer, may understand a couple critical ways to challenge ICE (“the government”) if they are placed in removal based on past criminal convictions. However, as this is a highly complex area of the law, immigration counsel is an absolute necessity to win… Continue reading

Domestic Violence? No Matter What Your U.S. Immigration Status, or Sex—You Have a Powerful Voice and Potential Immigration Benefits in the United States….Don’t Waste It.. Use Your Power!

Domestic Violence is one of the most difficult forms of abuse to face “head on” as it touches every aspect of one’s life, whether male or female.  It can leave an individual emotionally, financially, spiritually, physically and logistically paralyzed.  The issues of shame, codependency,  and fear for themselves or fear for their “victimizer” (whom they love or loved) makes taking necessary quick protective action seem distant.  However, a supportive network of friends, family, psychological counselors, legal counselors and spiritual support… Continue reading

When “I Do” Becomes “I Don’t” and Immigration Consequences for U.S. Conditional Permanent Residents

Marriage between U.S. Citizens and Lawful Permanent Residents to Nationals of other countries has become the norm rather than the exception. U.S. Immigration laws have strict guidelines and requirements for couples to demonstrate that their marriage under 2 years is “bona fide”.  In order to meet this mandate, U.S. Citizenship and Immigration Services (“USCIS”) will only issue a 2 year green card to individuals married under 2 years at the time the I-130 petition and concurrent I-485 application is filed… Continue reading

Ready to Bond Out or Served your Time?….Only to be told “ICE Has Issued a Detainer on You”

The concept of a detainer is often hard to comprehend and accept.  What it means to an individual who is incarcerated in State custody, and his family is overwhelming and causes great grief when not immediately placed in perspective.  Not being able to get bond, or be released from jail after serving time is the harsh consequence of a detainer.

Overall, a detainer is placed by the federal government on a foreign national/non-citizen so that the state will hold them… Continue reading

HELPING THE REMOVAL NIGHTMARE TO BE OVER SOONER! Petition for Alien Relative Relief, Form I-130 and Expedited Relief in Removal Proceedings

On August 20th, 2010 U.S. Immigration Customs and Enforcement (“ICE”) issued a memorandum from Assistant Secretary John Morton that will make a non-citizen or alien who is placed in removal proceedings eligible for relief if they have a pending Petition for Alien Relative (“Form I-130 or petition”).

Basically, ICE and United States Citizenship and Immigration Services (“ USCIS”) will now work more efficiently together so that non-citizens placed in removal will either have his and/or her case expedited or dismissed… Continue reading

What Do I Do? I or Someone I Know has been Detained by Immigration ICE Officals!

A knock at the door and the dreaded happens.  All you can think of is why me?  An Immigration ICE official is at the door searching for you or your family member/friend. You knew your visa had expired and with valid reason.  You ran out of money for school, you can’t return to your home country where it is hopeless, destitute and no future exists for you at this time.  Plus all your family or friends may be here in… Continue reading

When Applying for U.S. Citizenship Can Become Your Worst Nightmare

Traditionally, applying for U.S. Citizenship has been thought of as a simple “walk in the park”.  The process of a permanent resident filing a N-400 with U.S. Citizenship and Immigration Services after 3-5 years of continuous residence in the United States seems innocent enough.   Continue reading