Scott’s New Era Immigration

We often have detained clients who contact our office after signing to be removed from the United States. These clients have often been detained unexpectedly and are tired. Suddenly an ICE Officer appears advising client that their case may be “hopeless”. The ICE officer then provides the option for the client to sign to be removed.

Detained individuals will typically be presented with two different documents when in immigration detention.  An 826 Notice is presented and a 10 page document where a detained individual can agree to waive an attorney and select options including being removed from the United States.   Often, the client signs to be removed, and later regrets this option and reaches out to immigration legal counsel to help them.

The purpose of this short blog article is to provide instructions on what to do when a detained individual in ICE custody seeks to withdraw and retract what he or she signed which has now caused them to be in the process of being physically removed and deported without any legal representation.

Fortunately, if you know anyone in this situation, it is NOT too late to retract and withdraw having signed to be removed from the United States. In order to withdraw what is now a signed Stipulated Order to be deported, however,  one must engage an Immigration attorney to take very swift action.

An Immigration attorney may file a “Motion to Withdraw Stipulated Order” inU.S. Immigration Court.  In order for the motion to be successfully granted, facts are important.  Speaking with Immigration counsel and establishing the facts is essential for the attorney to prepare a well written Motion to Withdraw.  Once the Judge agrees to withdraw the Stipulated Order, a detained or non detained foreign national may move forward in fighting against being removed or deported from the United States.

If you have any questions or concerns, our attorneys are available to meet with you, and you may contact us at info@scottcclaw.com. Or Visit our website at www.scottcclaw.com where our different office telephone numbers are listed for your convenience.

ScottMond Law Firm

www.scottcclaw.com

USCIS News – Reprint Below:

Relief for Nationals from Central America
Stranded in the U.S. Due to Extreme Flooding

Extreme flooding occurring in Central America has led U.S. Citizenship and Immigration
Services (USCIS) to reminding everyone of immigration benefits available upon request to
eligible nationals from countries in that region.

USCIS understands that a natural disaster can affect an individual’s ability to establish or
maintain lawful immigration status. Temporary relief measures available to eligible
nationals from Central American countries that are currently in the U.S. may include:
Approval for a change or extension of non-immigrant status, even in cases where the
request is submitted after an individual’s authorized period of admission has expired.

•  Re-parole of individuals granted parole by USCIS.Extension of certain grants of advance parole and expedited processing of requests for advance parole.

• Expedited adjudication and approval of requests by students with F-1 visas for off-campus employment authorization due to severe economic hardship.

• Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and permanent residents.

• Expedited processing of employment authorization.

• Assistance, in coordination with the Department of State, to permanent residents stranded overseas without documents.

To learn about more options for immigration, you may contact our attorneys at info@scottcclaw.com or call us at one of our offices listed conveniently at  www.scottcclaw.com.

ScottMond Law Firm

www.scottcclaw.com

Many of our readers and clients often ask how to file applications with their consulate overseas.  In this short blog tip we provide basic guidance on filing with your country’s local U.S. Consulate.

The Department of State(DOS) website www.travel.state.gov contains a listing of all the consulates throughout the world.  It is important to go unto the DOS website and follow the instructions for the particular visa which you intend to file with the U.S. consulate.  Each consulate’s customs may also vary.

It is important to note that U.S. consulates no longer accept direct filing such as I-130s unless there is a locale CIS office available in house.     Also, waivers such as, I-601 waivers can only be hand carried to most consulate offices after the consulate clearly indicates and requests the waiver.

Interacting with National Visa Center (NVC), can often be frustrating.  NVC is the division of U.S. Immigration charged with notifying the various consulates overseas of approved U.S. petitions such as I-140s, I-130s, L-1 visas, and other visas in order for interviews to be set at the consulate. To resolve delays with NVC, our attorneys reach out to NVC on a consistent basis in order to keep our clients’ files case file moving along. We also have direct contacts for all the U.S. consulates, and contact them as needed to set up appointments for our clients.

For further information you may contact our law offices at info@scottcclaw.com, or visit our website at www.Scottcclaw.com where our telephone numbers for our different offices are conveniently located.

ScottMond Law Firm

www.scottmondlaw.com

An I-140 is a petition by a U.S. Employer who seeks to sponsor and employ someone who is abroad or a foreign national.  Small, large or new companies may sponsor a foreign national once they can demonstrate an ability to pay the employee. The sponsorship is for a future job since there are very stringent requirements that need to be met before a foreign employee may begin working.

The three essential steps are 1) PERM- Labor Certification; 2) I-140 – Petition for Foreign Worker; and 3) I-485- Application to Adjust status to a U.S. Permanent Resident. The purpose of this short blog article is to point out a common error in the I-140 stage regarding the “Ability to Pay” which can result in a denial of the Petition.

Before an application can be filed with U.S. Citizenship and Immigration Services (“USCIS”), an extensive process called a Labor Certification –PERM must be completed. It is a complex, time sensitive semi-supervised recruitment process to ensure there are no U.S. Citizens or Permanent Residents available and qualified for the position being offered to the beneficiary (foreign national). Once the Department of Labor (“DOL”) is satisfied, they certify the PERM application -Labor Certification.  This certified document must be included in any submission of an I-140 Petition to USCIS.

The date DOL certifies the PERM Labor Certification is considered the “priority date”. This priority date will eventually appear on an I-140 Notice of Action (I-797) issued by USCIS, and is a critical date that governs many critical stages of the process including when a foreign national client becomes eligible to adjust status to a U.S. Permanent Resident.

It is also the critical date when the employer must demonstrate that he or she began having the ability to pay the prevailing wage (determined by the DOL) to the beneficiary. The formal definition of priority dates and ability to pay may be found at 8 CFR 204.5 (d)and(g)(2).

In essence, an employer must carefully plan with an immigration attorney when he or she should begin the process of sponsoring a foreign national, and ensure that the ability to pay will be met by the priority date.  With careful planning and an understanding of different ways an employer can meet the ability to pay requirement, the I-140 petition and I-485 application for Permanent Resident status should be successful.

For additional questions please contact us at info@scottcclaw.com or our telephone numbers are conveniently listed at www.scottcclaw.com

ScottMond Law Firm

Attorneys-at-Law

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On August 18^th, 2011, the current Obama Administration and the Department of Homeland Security (“DHS”) announced the establishment of a high-level joint Department of Homeland Security along with the Department of Justice (“DOJ”) to determine which cases are high priority versus low priority. In distinguishing between these two categories, only high priority cases will cause individuals to be placed into removal proceedings, and low priority cases already in proceedings would be strongly considered for administrative closing by ICE/DHS attorneys.  Closing an  individual’s case currently in deportation or removal  proceedings would also result in the client becoming eligible for work authorization.

Factors in Determining High versus Low Priority

Two  John Morton memorandums (“Morton Memo”) issued by U.S. Immigration and Customs Enforcement on  June 17^th 2011 lay out the detailed factors to be considered in a favorable exercise of prosecutorial discretion .  Essentially, a favorable exercise of discretion would allow clients to terminate proceedings and receive work authorization eventually.  A complex balancing test of factors will be used to determine eligibility.  Daily as immigration attorneys, we are seeing how the following factors are being used to favor our clients with DHS. Below are some of the factors enumerated in the Morton Memo:

•   Long time Permanent residents

•  Minors and the Elderly

•  Individuals who have Been Present Since Childhood

• Individuals with serious disabilities or health issues

• Women Who are Nursing or Pregnant

• Victims of Domestic Violence or other serious crimes

Again, DHS will be weighing the totality of the circumstances in each individual’s case.

Clients with Criminal Record

It is good to know that there is no particular crime that makes any client ineligible for the exercise of prosecutorial discretion.  However, the following activities may cause an individual’s case to be declined a favorable review of discretion:

• Serious felons

• Repeat Offenders

• Individuals with a lengthy criminal record of any kind

• Known Gang Members

Overall, the announcement is very recent. We are just beginning to see how ICE/DHS attorneys are deciding which cases they will close and cease removal and deportation proceedings against our clients.  How long a favorable grant to terminate  will last is not known by anyone, but maybe the Obama Administration.  However, this is truly good news for our clients and anyone facing removal proceedings.  An immigration attorney is essential to guide you through this complex but hopeful temporary relief from removal.

To contact our law office, you may contact us at info@scottcclaw.com or call us at our numbers conveniently listed on our website www.scottcclaw.com.

ScottMond Law Firm

www.scottcclaw.com

Our clients often have questions about how to request their bond back from ICE-Department of Homeland Security after being in Deportation or Removal Immigration Proceedings.  While the immigration attorney is not involved in this process nor influences it, the purpose of this article is to provide some guidance on the issue.

First, it is important to understand that a client will not be able to get back their bond until the their case is actually closed with the U.S. Immigration court AND all terms are complied with.  There are a couple scenarios in which a bond will be granted by a U.S. immigration judge.  First, in case of voluntary departure; and also in the case where a client has a plausible case (relief) in a U.S. immigration court, and the judge deems the client is not a flight risk. The judge in this instance, will grant bond during the litigation of the removal case.  The rules for either of these scenarios slightly vary. However, below are some basic steps for clients to get their bond returned at the very end of an immigration case.

The detained Client or Voluntary Departure Client (“Client”)  had to have choosen an Obligor for their bond. (Client and Obligor are two different parties).  The bond will be returned to the Obligor regardless of which party actually puts up the cash.

Next, Complete form I-210 with ICE/DHS.  In the case of voluntary departure, when Client arrives back to his or her home country submit form I-210.

Finally, Client also sends a copy of the completed Form I-210 to the Obligor in the United States, if applicable. The Obligor will then go to ICE/DHS in the U.S. with the original receipt and completed from I-210 and any other form ICE may require.

Actually qualifying for bond in a U.S. Immigration Court is a complex legal qualification and requires a U.S. immigration attorney. However, the actual procedure of retrieving back bond monies, is best dealt with directly with ICE/DHS. The above is a general guide and will hopefully help assist in successfully retrieving back your bond paid to ICE/DHS.

If you have any questions you may contact us at info@scottcclaw.com or call any of our offices at our telephone numbers conveniently listed at www.scottcclaw.com

ScottMond Law Firm

www.scottcclaw.com

Our law firm files a variety of  U.S. Immigration Waivers for clients who are illegal, out of status, subject to residency requirements, subject to the three or ten year bar,  Conditional Residents whose marriages are ending in divorce, individuals who entered without inspection (“EWI”), or those in need of  a waiver for fraud, crimes, and more. (See below for a list).  The purpose of this article is to provide a couple popular case scenarios to inform clients about how waivers work in general.

Case 1

Foreign national was born inNicaragua05/19/1990.  She entered EWI in 03/2008 and never left. She was arrested without a driver’s license and ICE ended up having a detainer placed on her.  She married a U.S. Citizen (USC) in 05/2012- no children.  The first court date in U.S. Immigration court has been set. What can be done here?

A waiver can be filed for the foreign national, and an I-130 filed by her husband to begin the adjustment of status process. An Immigration Judge will usually grant a continuance (extension) during the adjudication of the I-130.  Then a 212(a)(9)(B)(v) (waiver of Unlawful Presence Ground of Inadmissibility)  may be filed.  Since in this case the foreign national entered without inspection (EWI), she would need to return to her home country to adjudicate the waiver and adjust status after being granted voluntary departure by an immigration judge.  The time out of the country could be a year or less if the proper legal strategy is in place.

Case 2

A 212(h) waiver is a popular waiver for clients who have been convicted of Crime Involving Moral Turpitude (CIMT) which occurred and makes them removable.

For instance, a foreign national could pursue a consular waiver or waiver in court for a CIMT that occurred more than 15 years ago (e.g. theft).  Proof of Rehabilitation, good charter and ensuring that a foreign national client is not a threat to National Security is amongst some of the criteria that must be presented effectively to anImmigration Courtor U.S. Consulate to succeed in gaining a 212(h) waiver.

The area of good character is essential.  Evidence of good character for instance would include donations to church, volunteer involvement in community activities, letters from family members explaining how the applicant for 212(h) waiver helps his family and is an overall asset to society.

The above examples and Waivers in general require experienced U.S. Immigration Attorneys.  Below is a comprehensive list of Waivers we file on behalf of our clients:

U.S. WAIVERS: 

• I-751 Waiver (Marriage Dissolution of Conditional Residents)

• I-601 Waivers

• WAIVERS OF INA 212(e): J-1 visa holders

• Waiver After Prior Waiver of misrepresentation or Fraud in Procuring Visa/Entry-INA §237(a)(1)(H)

• Removal or Deportation: Permission to Reapply for Admission-INA §§212(a)(9)(A)(iii) and 212(a)(9)(CC)(ii)

• Waiver of Unlawful Presence Ground of Inadmissibility-INA §212(d)(12) and 237(a)(3)(C)(ii)

• Waiver for Prostitution, Crimes More Than15 Years Old, Crimes of Moral Turpitude, and Simple Possession of Marijuana-INA §212(h)

• Waiver for Fraud or Misrepresentation-INA §212(i)

• Waiver of Technical Defects in Immigrant Visas- INA§212(k)

• Adjustment of Status Under §245(k)

• Cancellation of Removal for Nonpermanent Residents-§240A(b)

• Cancellation of Removal for Lawful Permanent Residents

• General Waiver for Nonimmigrants-INA §212(d)(3)

• Waivers Under INA §209(c)

If you have any questions about U.S. Immigration Waivers, you may contact our law firm at info@scottcclaw.com.  Or a list of our office telephone numbers may be found at www.scottcclaw.com.

ScottMond Law Firm

www.scottcclaw.com

Exciting News Flash  from Department of State for Russian Citizens:

Excerpted:

Secretary of State Hillary Rodham Clinton and Russian Foreign Minister Sergey Lavrov today announced an agreement
on the issuance of nonimmigrant business, tourist, private and humanitarian visas to the Russian Federation, and for
business and tourist visas to the United States, as well as short-term official travel visas to both counties in keeping with
the joint statement issued during the meeting of President Obama and President Medvedev in Deauville, France on May
26, 2011.

This agreement will facilitate travel between our two countries and establish stronger ties between our people. The
agreement benefits the largest segments of our traveling Americans and Russians – business travelers and tourists,
traveling both as individuals and in groups, by granting as a rule, on a reciprocal basis, multiple-entry visas valid for 36
months.

The agreement also streamlines the visa issuance process by reducing the documentation required. These new visa
validity periods will allow for expanded contacts and promote greater mutual understanding between our societies.
This agreement will go into effect after an exchange of diplomatic notes in Moscow.

Agreement between the United States of America and the Russian Federation
Regarding Visa Issuance

If you know someone who is out of status here in the United States and has been the victim of a crime, he or she may be eligible for a U Visa. U visas are available to foreign nationals or aliens who are in the United States  and entered without inspection (“EWI”) or  have overstayed an original visa grant.

U visas have even been considered and granted by U.S. Citizenship and Immigration Services (“USCIS”) based on the following scenarios.

• A foreign national who was in a common law marriage, and has two U.S. children with her common law husband. Her husband  is later killed. She is eligible for a U visa.

• Likewise, a client while working for an employer is involved in a robbery and assists in finding the escaped criminal is yet another example of someone who qualifies.

Qualifying Criminal Activity for U visas are listed in 8 C.F.R. Sec. 214.14.  U visas petitions require the filing of form  I-918 and a certification by the respective police department, amongst other requirements.  A U visa also entitles the individual to a workers’ permit, and the possibility of adjusting to a U.S. permanent resident.  If an individual or alien is in removal proceedings they may obtain temporary or permanent relief through the grant of a U visa.  U visas are complex and require representation by an experienced U.S. Immigration lawyer.

For further information, you may contact our office at info@scottcclaw.com or visit our website at www.scottcclaw.com where our telephone numbers are listed for your convenience.

ScottMond Law Firm

www.scottcclaw.com

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, and is unable or unwilling to avail him or herself of the protection of that country. There are conditions where a refugee is also someone still residing in their country which is not discussed in this brief article.

An asylee must apply within one year of arrival in the U.S.  If the foreign national is placed in removal, and has never applied for asylum relief, they must then seek Withholding of Removal or CAT in court which is explained below. Once an individual is granted asylum they will eventually be able to adjust to a Permanent Resident and eventually Citizenship.

Withholding of Removal

While this option is similar to asylum, withholding of removal and CAT (explained below) is available when a foreign national does not meet the criteria for asylum, such as filing within one year. Also, Withholding of Removal/CAT is available if a foreign national is placed in removal or deportation proceedings.

Withholding of Removal found in INA 241(b)(3); 8 CFR 208.16 requires an applicant to demonstrate the following:

An applicant must show a clear probability of harm, or that it is more likely than not that her life or freedom would be threatened (on account of race, religion, nationality, membership in a particular social group, or political opinion) if returned to his or her home country. The standard here is higher than asylum “which is a well founded fear”.

Withholding is mandatory if Attorney General determines that the applicant’s life or freedom would be threatened. While there are important benefits gained such as the applicant’s ability to receive work authorization, this is not an automatic right to remain in the Unite States.  The Department of Homeland Security (“DHS”) may impose conditions, remove the individual to a third country, and/or move to revoke the status. Client cannot apply directly for lawful permanent residency, and client cannot petition to bring family members to the U.S. except certain conditions and exceptions are met.

CAT

CAT, which stands for the United Nations (“UN”) Convention Against Torture (“CAT”) is also available to clients who are in removal proceedings or who have failed to meet the criteria for asylum. Torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

If it is more likely than not that an applicant will be tortured then no State shall expel, return or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture.

The above explanation of Asylum, Withholding of Removal and CAT are complex legal arguments which require an experienced immigration attorney to navigate the hurdles and obstacles when an individual is fearful and it is unsafe to return home. If you or someone you know is in serious danger if they return to their home country, you may contact us with your questions or concerns at info@scottcclaw.com or 703.955.7998.

ScottMond Law Firm