THE processing times for some applications pending at the US Citizenship & Immigration Services (“USCIS”) are longer than ever before. The USCIS holds a monopoly over all immigrants applying for green cards, citizenship and other applications, since the USCIS is the only agency authorized to adjudicate requests for immigration benefits. The USCIS cannot, however, force…
Despite their right to live and work in the U.S. permanently, lawful permanent resident (LPR) aliens may be removed from the U.S. due to criminal behavior or prohibited conduct. During removal proceedings, LPRs may avoid removal by applying for relief, which include cancellation of removal. Both LPRs and non-LPR aliens may apply for cancellation of…
Marriage fraud is a serious immigration violation with lasting consequences. An I-130 immigrant petition based on a fraudulent marriage would be denied. Additionally, under INA 204(c), no petition shall be approved if (1) the alien has been accorded, or has sought to be accorded, immediate relative status as the spouse of a U.S. citizen (USC)…
Question: I have been a victim of crime and also my friend was basically a slave for her employer. What can we do? Answer: There are different types of visas for these matters. Basically, the U, T and VAWA petitions. In March 2013 Congress enacted several changes to the William Wilberforce Violence Against Women Act…
The August 2013 priority dates have phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That is because the priority date is CURRENT! That means that spouses and minor children of green cardholders would be eligible to file for adjustment of status and work authorization, if they are in the US,…
Almost immediately after the US Supreme Court declared the Defense of Marriage Act (DOMA) unconstitutional, both Secretary of State John Kerry and Secretary of Homeland Security Janet Napolitano, pledged their full support in providing same – sex couples the very same immigration benefits available to opposite – sex couples. Sec. Kerry, whose department oversees embassies…
ON June 27, 2013, the US the Senate passed its version of Comprehensive Immigration Reform (CIR) by a resounding 68-32 vote. S. 744, or the “Border Security, Economic Opportunity, and Immigration Modernization Act,” as it is known, underwent hundreds of revisions since it was first proposed by the bi-partisan “Gang of Eight” earlier this year. …
Question: Can you describe what the landmark case of the Supreme Court has issued and ruled? Answer: In short, the United States Supreme Court has ruled that DOMA is unconstitutional, and therefore, because of this ruling, DOMA is dead. Q: What is the Defense of Marriage Act? A: In 1996, Congress passed the Defense of…
The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
Recently, the Board of Immigration Appeals (BIA) ruled that a child could receive a green card through a step parent’s petition, even if the child’s natural parent is not eligible (because the child’s parent had previously entered into a fixed marriage). This is great news for people who have children (from previous marriages\relationships) and later…
ON Wednesday, June 26, 2013, the US Supreme Court issued its decision in Windsor v. US, which ruled that the Federal DOMA, passed in 1996, is unconstitutional. The decision, in holding that each of the 50 states may define “marriage” according to their own terms, should allow for the extension of immigration benefits based…
QUESTION: I got into a minor criminal situation and now I am very afraid that I will be placed into deportation proceedings. What can I do? Answer: There are several forms of relief that you might be eligible for in proceedings. However, one very effective tool that I would look into would be known as…
June 26, 2013 is a historic day for gay and lesbian couples. The Supreme Court of the United States ruled that the Defense of Marriage Act (DOMA) is unconstitutional, and that same – sex marriages are once again valid in California! What this means is that it is now possible for same – sex couples,…
THE debate over the United States economy and dearth of high-tech workers has spotlighted the H-1B professional working visa in the press. Nonetheless, Congress has been slow to respond in the face of economic problems throughout the World and the FY 2014 H-1B quota is sure to be reached within just a couple of weeks…
ON June 10, 2013, Commissioner Martin R. Gladstein of Department 2 of the Valencia, California Court, ordered restitution payment as in a civil judgment, pursuant to Penal Code Section 1202.4(i). This Author currently represents the white Caucasian defendant, who pled “no contest” to a violation of Section 243(d) of the Penal Code for assault with…
Right now, the full Senate has begun debating on the new immigration reform proposal which was approved and forwarded by the Senate Judiciary Committee. It is expected that senators will introduce their own amendments and there will be changes, additions or removals throughout the debate. Some Senators are promising a vote on the Senate’s proposal…
The decision to terminate one’s marriage typically brings to the forefront many issues all at once. Issues pertaining to property, support, and child custody need to be addressed in a divorce proceeding. In a long term marriage especially, these issues are often heavily litigated between the spouses, and can take a significant amount of time…
Aliens who commit drug offenses may become inadmissible or deportable. Inadmissibility means that an alien is ineligible to receive a visa or he cannot be admitted into the U.S. based on his conduct or convictions. Deportability means that an alien who was previously admitted could be removed based on his conduct or convictions. The drug…
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning that immigrant visas (or green cards) would be available for persons whose priority…
ON June 11, 2013, President Obama pushed the US Congress to send him a bill by fall providing for Comprehensive Immigration Reform (CIR), just as the full US Senate began to vote on the bipartisan Gang of Eight’s proposal introduced earlier this year. The Gang of Eight, including Senators Shumer, McCain, Durbin, Graham, Menendez, Rubio,…
DRIVING under the influence (DUI) of alcohol or narcotics is a serious threat to public safety. The Center for Disease Control and Prevention reported that over 1.4 million drivers were arrested for DUI in the US in 2010. In the same year, there were 10,228 fatalities in alcohol-impaired driving crashes. Thus, law enforcement officials are…
Question: I was ordered deported, but ICE is not deporting me. Can you let me know what is going on with this situation? Answer: You are probably on an order of supervision. This is when you are released pursuant to the proper order and you are released pursuant to an order of supervision. The Commissioner,…
There are only so many immigrant visas available (or allocated) for your country each year. Many people under petition are confused and mystified about the priority date on their petition, why it moves so slowly, why it may retrogress (or move backwards), or sometimes does not move at all. In other words, why does it…
Question: I have to escape my country. I don’t know what to do. I want to go to the United States and try to get help. What can I do? Answer: Assuming you do not have proper entry documents, the border patrol will try to remove you from the United States. However, if a person…
The Child Status Protection Act (CSPA) provides “age-out” protection for certain children who turned 21 while waiting for their green card or immigrant visa. For children of non-citizens (such as derivative beneficiaries of their parent’s employment or family based petitions, or minor children of immigrants), there is a two-step process: 1. Calculate the child’s age…
THE US Court of Appeals for the 9th Circuit recently joined the US Court of Appeals for the 5th Circuit and reversed its previous decision in De Osorio et. al v. Holder (De Osorio I), which had held that an “aged out” derivative beneficiary of a family or employment-based petition for immigrant status cannot benefit…
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning that immigrant visas (or green cards) would be available for persons whose priority…
AS OF March 4, 2013 certain immigrant visa applicants who are the spouses, children and parents of US citizens (“immediate relatives”), who have been unlawfully present in the United States, can start applying for provisional unlawful presence waivers through a new, Stateside “Provisional Waiver” process. The new provisional waiver process is for certain individuals who…
With all the trouble immigrants go through to obtain their lawful permanent residence (LPR), you would be surprised to find out that some immigrants abandon their LPR status, in most cases, unintentionally. Typically, this happens when an LPR visits his home country and stays abroad for too long. Upon his return to the U.S., a…
Question: I am married to a US Citizen and I want to adjust to that of a Lawful Permanent Resident. What can I do? Answer: Are you inside the US? Question: Yes. Answer: Did you enter illegally? Question: Yes? Answer: Did you commit any crimes, any fraud or have you been issued any deportation orders?…
