Deporation
245i Eligibility – How Deep and How Wide Does it Extend?
Section 245i of the INA is a powerful provision and solution to individuals who have entered the U.S. illegally, or have overstayed their visas. Being unlawfully present in the United States is a very difficult existence, and our attorneys work tirelessly with clients to see if there is a legal solution. One of the ways our clients finally get in status is through Section 245i of the INA.
It is important to understand that 245i eligibility extends to foreign nationals who may… Continue reading →
The Deportation or Removal Case is Never Over Until the “Asylum, Withholding of Removal, & CAT” Lady Sings
Unfortunately, under current U.S. Immigration laws, there are numerous reasons that someone who is non-citizen of the United States may find themselves placed in removal proceedings when interacting with agencies such as Customs Border and Patrol (“CBP”), ICE, or U.S. Citizenship and Immigration Services (“USCIS”). The reasons range from technical reasons, to prior criminal history, improperly granted immigration benefit that a Senior USCIS officer unveils, or extended absences from the United States. Also a non-citizen (such as a Permanent Resident)… Continue reading →
No Longer Trapped! U.S. Supreme Court Makes it “Law of the Land”: Permanent Residents with Criminal Convictions Prior to 1997 Can Now Travel.
Some of our non-U.S. citizen clients are individuals who committed a crime either when they were young; or over a decade ago which they deeply regret. Their encounter with the law resulted in a criminal conviction. More often than not, it is a “one time crime”, and out of sheer panic and fear they accepted any plea offered by their criminal attorney that would result in the minimum or no jail time.
However, little did the non-citizen know that by… Continue reading →
Temporary Protected Status (TPS) for Syrian Nationals
Release Date: March 23, 2012
For Immediate Release Office of the Press Secretary
“In light of the deteriorating conditions in Syria, I am announcing that DHS will be designating Syria for Temporary Protected Status (TPS) for Syrians currently present in the United States. Conditions in Syria have worsened to the point where Syrian nationals already in the United States would face serious threats to their personal safety if they were to return to their home country. Early next week, the Department will… Continue reading →
Understanding I-864 Affidavit of Support and Qualifying Work Credits When Adjusting Status in the U.S.
An I-864 is a special form used by U.S. Citizenship and Immigration Services (“USCISâ€) to determine whether any foreign national who seeks to adjust his or her status from a non-immigrant visa (such as an H-1B visa), meets minimum income guidelines. The U.S. Citizen petitioner, for instance a spouse, has an obligation to ensure that their family member will not become a “ward of the state†and end up on public assistance if granted U.S. Permanent Resident status.
A unique… Continue reading →
Hiring a Foreign Worker? Making Sure Your PERM Employment Recruitment Efforts are “Audit Proof “to Reduce Stress for Employer and Foreign National Employee
Could it be that you are a U.S. Employer who has found the perfect employee? He or she is loyal, has a good attitude and works hard.  Only one problem, he or she is not a U. S. citizen or even a Permanent Residents. If they have a visa, ensuring the visa is valid for work purposes is essential. But even then, that visa is only temporary. So now you are faced with having to lose this very valuable employee… Continue reading →
Marriage Breakdown, Divorce and Green Card – Help is Available
It is unfortunate that in society overall, divorce statistics are high with 50-60% of marriages failing. However, for the foreign national who finds themselves in a difficult unbearable marriage to a U.S. Citizen due to abuse or other issues, there is way to achieve status without staying in a dangerous or unhealthy environment.
If you or someone you know has a conditional Permanent Resident Card set to expire in 2 years or less with U.S. Citizenship and Immigration Services (“USCISâ€),… Continue reading →
Understanding When You are Qualified to Self Petition for a U.S. Permanent Residence (Green Green Card) Without a Sponsor
Recently, our office has seen an increase in clients who come to our office after being mislead regarding the immigration process of self petitioning for U.S. Permanent resident status. Specifically, after an I-140 has been filed based the Extraordinary Work or National Interest Waiver (NIW) category, it  unfortunately results in very significant Notice of Intents to Deny (“NOIDâ€) issued by USCIS which if not overcome, may result in the client being placed in Immigration Removal Proceedings.
The purpose of this… Continue reading →
The Best News Yet for Undocumented Foreign Nationals Married to U.S. Citizens and More!
This week the Obama Administration announced that they will be providing relief to undocumented foreign nationals who must exit the country to gain status in the United States and are subject to three and ten year bars from reentry.  We are very excited to provide the proposed law below which would allow families to reduce there fear and separation anxiety in correcting their loved ones U.S. immigration status.
PROPOSED LAW:
Provisional Waivers of Inadmissibility For Certain Immediate Relatives of U.S. Citizens… Continue reading →
Can the Priority Date From a Previously Denied I-130 Petition, Based on Marriage, Ever be Used or Salvaged in Future?
The answer is “Yesâ€.  Section 245(i) of the Immigration and Nationality Act (INA) states the following:
You may be eligible to receive a green card through Section 245(i) if you:
- Are the beneficiary of a qualified immigrant petition (Form I-130 or I-140) or application for labor certification (Form ETA-750) filed on or before April 30, 2001
- Were physically present in the United States on December 21, 2000, if you are the principal beneficiary and the petition was filed between January… Continue reading →