Permanent Resident

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

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, and is… 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 the… 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

Deferred Inspections at BWI (Baltimore Washington International Airport), Dulles International Airport or Regan International Airport

Your flight has just landed safely, your relaxed and ready to settle down from the hassles of travel, then suddenly you as a non-citizen are met with a surprise from Customs Borders and Patrol (CBP) called “Deferred Inspection”.

Once you are not a Citizen of the United States, and you intend to return to the U.S. after being overseas for even a brief visit, CBP redetermines and revaluates if you are eligible for entry into the United States.  It is… Continue reading