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

INA 245(I)  is the latest grace extended by the U.S. government to legalize anyone in the United States back in April 2001 who overstayed their current U.S. visa or walked across the border without inspection (EWI).

In order to be considered grandfathered under 245i, an alien must satisfy the following requirements pursuant to 8 CFR 245.10:

1) The alien was the beneficiary of a qualifying immigrant petition or application for labor certification filed on or before April 30, 2001.
2)  The qualifying immigrant visa petition or the qualifying application for labor certification was “properly filed” and “approvable when filed”.
3) The principal alien was physically present in the United States on December 21, 2000, if the alien’s qualifying immigrant visa petition or application for labor certification was filed between January 15, 1998 and April 30, 2001.

Once it is determined that an alien is grandfathered, they remain grandfathered until they are eligible to adjust through almost any means.  In other words, an alien may adjust when a visa number is available, if they win the diversity visa lottery, or if they become the beneficiary of an I-140 or I-130 to name a few examples.

Whether one’s spouse or children are grandfathered or may adjust depends if they fall into one of 3 categories.

1st Category: If the grandfathered foreign national was married to his or her spouse at the time they became grandfathered pursuant to 245i, then the spouse is grandfathered and able to adjust status.

2nd Category: If at the time the foreign national was grandfathered he or she was NOT married, his or her spouse is NOT grandfathered.  But if the foreign national is married when they adjust status, their spouse may also adjust as a beneficiary.

3rd Category:  If at the tine the foreign national was grandfathered and adjusted status he or she was not married, and then their spouse or child will not be eligible to adjust status.

Please note that the rules for spouse also apply to children who are not permanent residents.  If you have any questions you may email us at info@scottcclaw.com or contact us at one of our offices in the DC, VA, MD area. You will find our telephone numbers and locations listed on our website at www.scottcclaw.com.

ScottMond Law Firm