Atty. Robert Reeves

President signs law cancelling automatic revocation of petitions upon petitioner’s death

Tuesday, 03 November 2009 22:07 Atty. Robert Reeves & Joseph I. Elias

ON October 28, President Obama passed into law Congress’s landmark immigration bill that ends the automatic revocation of a visa petition when the petitioner dies. This will provide significant relief to immigrants and their families who have waited for their priority dates to become current only to have the petition revoked upon the death of the petitioner. The new law helps many surviving family members residing in the United States.

The demand for immigrant visa numbers for family-based and employment based sponsorship far exceeds the supply. This has resulted in massive backlogs with immigrants waiting years and even decades for their priority date (their place in line) to become available. Many petitions simply do not survive the protracted waiting period. The death of a petitioner or principal beneficiary results in an automatic revocation of the immigrant visa petition. Surviving family members were left with no means to obtain immigrant status based on that petition. In limited circumstances, the Immigration Service will reinstate a family-based petition for humanitarian purposes. Humanitarian reinstatement was discussed in one of our previous articles.

President signs law cancelling automatic revocation of petitions upon petitioner’s death

Sunday, 01 November 2009 22:35 Atty. Robert Reeves & Joseph I. Elias

Representation in removal proceedings

Monday, 26 October 2009 20:08 Atty. Robert Reeves & Jeremiah Johnson

ONE of the more frightening moments in an immigrant’s life is the prospect of being removed from the United States and separated from friends and family. However, before the Immigration Service can physically remove a person from the United States, the Service must first place that person in Immigration Court. Once in Immigration Court, during a process know as "removal proceedings," a Government attorney will attempt to convince an Immigration Judge to order the alien removed. However, the alien has the opportunity, and the right, to obtain an attorney and contest whether in fact he is removable and if so whether there is any form of relief that will permit him to remain in the United States.

To begin the removal proceedings, Immigration & Customs Enforcement (ICE) will issue a "Notice to Appear" (NTA) charging an alien with being removable from the United States. There are many grounds for removing an alien from the United States including the commission of a crime, overstaying a non-immigrant visa, or even entering the United States without a visa. ICE may also issue an NTA if the alien misrepresented some material fact or used fraudulent documents in order to obtain an immigration benefit – even if the misrepresentation occurred many years ago. Once the NTA is filed with Immigration Court, the alien will be scheduled to appear for what is called a "Master Hearing" to determine the next steps. This first hearing is critical for the alien and can set the foundation for either a successful defense or a disappointing result.

The widow penalty

Sunday, 18 October 2009 20:26 Atty. Robert Reeves & Anthony J. Favero

A SPOUSE’S death is an unspeakable tragedy for the grieving widow or widower. However, surviving immigrant spouses can face legal problems in addition to the grief of losing a close family member.

A common fact pattern involves an individual who enters the United States under a fiancé visa ("K-1") and marries his or her US citizen spouse. At this point, the individual has become an "immediate relative" of the US citizen and is eligible to file for a Green Card (adjustment of status). Once an application is filed and approved, the individual becomes a conditional permanent resident. Within the 90 day period prior to the expiration of the conditional Green Card, a conditional resident can file a petition to remove the conditions thereby obtaining a permanent Green Card. But, what happens if the individual’s US citizen spouse dies during the two-year conditional residence period or while the Green Card Application is pending?

Reliance on a non-attorney can hurt you

Monday, 12 October 2009 19:44 Atty. Raymond Bulaon

WHEN someone needs legal assistance, he usually attempts to find an attorney. Once he has decided to hire a particular attorney, he places all his trust in that lawyer. When he hires an attorney who is well qualified to handle the legal problem, the trust is well-placed. Unfortunately, sometimes, the person hired is not really an attorney. Then the client is at the mercy of someone who is not trained or qualified to assist him with his legal problem.

This situation is especially pronounced in the area of immigration law. In many countries, the term "Notary Public" or Notario means that the person is an attorney. That term does not have the same meaning in the United States. Notary Publics are commissioned by the state to notarize documents (i.e. to state that a document really was signed by the person whose signature is on the document). The Notary Public does not undergo the necessary legal training and is not qualified or allowed to represent anyone regarding a legal problem. Non-lawyer representatives are also known as immigration consultants. Whatever they call themselves, the problems that arise from their representation are the same.

Marital trouble can cause problems for conditional permanent residents

Sunday, 04 October 2009 23:37 Atty. Robert Reeves & Anthony J. Favero

(1 vote, average: 5.00 out of 5)

MANY believe that marrying a United States citizen is the most straightforward means of obtaining legal permanent residence in the United States. But, marital troubles can cause problems for conditional permanent residents. This article will address some of the problems conditional permanent residents may face when their marriages fall apart.

When an immigrant and citizen marry, the immigrant becomes an "immediate relative" of the citizen and, therefore, exempt from the numerical limitations and quotas that cause long delays for many other types of immigrant visas. Because of this obvious benefit of gaining "immediate relative" status, Congress has enacted laws aimed at ensuring marriages between United States citizens and immigrants are for the purpose of creating a martial relationship and not simply to secure immigration benefits.

Confidentiality provisions of legalization

Tuesday, 29 September 2009 23:31 Atty. Robert Reeves & Jeff L. Khurgel

OVER the last several decades, Legalization under Section 245A of the Immigration and Nationality Act provided amnesty to millions of individuals seeking lawful status in the US At the time their Legalization application and supporting documentation was filed, many individuals seeking to capitalize on the opportunity for Legalization submitted documentation to US immigration authorities which had all-to-often been prepared hastily by notarios or "immigration consultants". Not understanding US Immigration law, and often not having a strong command of the English language, many Legalization applicants were insufficiently aware of exactly what was being filed in their name.

After filing, some Legalization applicants were denied and deportation proceedings ensued, while others returned home. Other Legalization applicants remained in the US and later found new paths to obtaining permanent residency ("Green Card"), such as family or employment-based applications. As a part of both the Green Card and Citizenship processes, applicants are normally called for interviews at a Department of Homeland Security (DHS) field office, before a DHS officer.

USCIS issues notice of deportation proceedings to denied visa applicants

Wednesday, 23 September 2009 01:31 Atty. Robert Reeves & Joseph I. Elias

A FEW months ago we wrote about the frightening predicament of receiving a "Notice to Appear", or NTA, in the mail. The NTA means the Government has begun a process to try to remove, or deport, a non-citizen from the United States. Unfortunately, NTAs are now being issued in greater numbers following immigrant visa petition or adjustment of status application denials. This is especially true in employment-based immigration matters.

The United States Citizenship and Immigration Service (USCIS) is clearing an enormous backlog of employment-based immigrant visa petitions and adjustment of status applications filed in the months of July and August of 2007. The USCIS has been reviewing these filings to confirm such things as an employer’s ability to pay the wage and that the immigrant has not violated immigration status by, for example, working without authorization. Both of these examples are amongst the most common reasons the petitions and applications are denied.