“Fairfax

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

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 (“USCIS”),… 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 (“NOID”) 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 “Yes”.  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

When You or Your Loved One Signs to Be Removed from the United States with ICE then Change Your Mind

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… Continue reading

TPS – Special Situations and Humanitarian Relief Such as Flooding

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… Continue reading

Interacting Successfully with the U.S. Consulate Overseas

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… Continue reading

Ability to Pay and Employment Based Sponsorship of a Foreign National

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 –… Continue reading