Permanent Resident

E-2 Investor Visa as a First Step Visa to U.S. Permanent Resident Status

For our business clients, an E-2 visa is often the best first step when considering U.S. Permanent status as an option for the future.  Often our clients first consider an EB-5 Based Green Card as their path to Permanent Resident status.  However, it is important to remember that this Green Card is conditional and the risk of  the Green Card not being renewed is always a possibility because of the many high exceptions which must be met… Continue reading

U.S. Citizen Parents Sponsoring Step-Children for U.S. Permanent Resident Status

As our world society becomes more connected, internationally blended families are becoming the norm. U.S. Citizens who marry a Foreign National spouse who has children may sponsor their step children as an immediate relative, but the law varies based on the U.S. status of his or her spouse. There are 3 general categories of foreign national spouses which effects the way a step child can be sponsored.

Permanent Residents Status, Travel and U.S. Customs CBP – Avoiding Problems

Recently, our law firm has seen a rise in our Permanent Resident clients facing challenges at the airports and certain borders.  Especially, Dulles Airport and Canadian Borders.  Baltimore Washington International Airport (“BWI”), and Ronald Regan Airports can also at times be challenging for Residents. It is important to remember that if you, or a family member, are not yet U.S. Citizens, you are in essence applying to be admitted every time you cross a border or travel overseas… Continue reading

From Immigration Excitement to Immigration Horror…U.S. Permanent Residents and Immigration Consequences due to Criminal Conviction

We hope this blog article will help new U.S. Permanent Residents understand and prevent against the high cost of having to defend one’s right to maintain their U.S. Green card shortly after receiving it.  Likewise, this short article will outline what steps a criminal attorney with expert immigration counsel will need take to ensure that a U.S. Permanent Resident does not become deportable or inadmissible(unable to travel overseas and be admitted back to the United States) as a result… 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… 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,… 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… 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… 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