Posted on November 21, 2022 in Immigration

The Violence Against Women Act (VAWA) allows certain immigrant victims of domestic violence to apply for a Green Card without the need to be sponsored by a U.S. citizen or lawful permanent resident. This can ensure that abuse victims will be able to leave dangerous situations, receive protection from law enforcement, and avoid being uprooted from their communities and deported from the United States. However, it is important to understand the criteria that a person will need to meet to be eligible to self-petition for a Green Card under VAWA.

Am I Eligible for a Green Card Through VAWA?

You may be eligible to self-petition under VAWA if: 

• You are married to or were married to a U.S. citizen or permanent resident, and your spouse abused you; OR

  Continue Reading ››

 Posted on October 24, 2022 in Immigration

Refugees are people who have been forced to leave their home countries due to conflict or persecution. Every year, millions of people around the world are forced to flee their homes in search of safety. Many refugees end up in overcrowded and dangerous refugee camps, where they face starvation, disease, and violence. Others embark on treacherous journeys in an attempt to reach safety, often risking their lives in the process. 

For those who do manage to reach the United States, the challenges do not end there. The process of applying to enter the U.S. as a refugee can be long and complicated, and many refugees are uncertain of whether they will be able to stay in the country or be forced to return to their home countries. Reuniting with family members can also be difficult, as refugee family members are often spread out all over the world. Refugees and other immigrants who are seeking humanitarian relief will often need legal help as they navigate complex immigration laws and procedures, and a skilled and experienced attorney can provide invaluable assistance.

Continue Reading ››

 Posted on October 14, 2022 in Immigration

Immigrants who come to the United States often have the goal of obtaining a green card, which grants them legal permanent residency. The adjustment of status process allows a person to apply for permanent residency without having to leave the country. To be eligible for adjustment of status, immigrants must meet certain requirements, such as having a valid visa, being physically present in the United States, and having a qualifying immigrant petition. By understanding when adjustment of status may be available, immigrants can make sure they take the correct steps to become lawful permanent residents.

Eligibility for Adjustment of Status

A person can apply for adjustment of status if a visa is immediately available to them and they are eligible for a green card. There are multiple green card eligibility categories, including:

Continue Reading ››

 Posted on September 23, 2022 in Immigration

Every year, thousands of immigrants come to the United States because they fear that they will suffer harm if they remain in another country. In these situations, immigrants may be able to request asylum by demonstrating that they have a credible fear that they or their family members will experience persecution because of their race, religion, nationality, political opinion, or membership in a particular social group. While the process of seeking asylum can be daunting, it is important to know that there are two different types of asylum seekers in the United States: those who apply for asylum affirmatively, and those who apply for asylum defensively.

What Is Affirmative Asylum?

An individual may actively seek asylum by going through the proper channels at a port of entry or U.S. Citizenship and Immigration Services (USCIS) office. A person can apply for asylum within one year after entering the United States. Applying for affirmative asylum is generally considered the best option, as it gives applicants the chance to explain their situation to an asylum officer, and it provides more flexibility in terms of timing and eligibility requirements.

Continue Reading ››

 Posted on September 09, 2022 in Immigration

When immigrants are detained by immigration officials, they and their loved ones may not only be concerned about the possibility of deportation, but they may be worried about their ability to be released, return to their daily lives, maintain employment, and take care of other responsibilities. In some cases, immigrants may be able to request that they be released, and they may be required to pay an immigration bond. In these situations, a bond hearing may be held, and an immigrant and their attorney will need to provide evidence and testimony showing that they are eligible to be released.

How Can a Person Show That They Are Eligible for an Immigration Bond?

When an immigration judge considers an individual case and determines whether an immigration bond should be granted, they will look at two primary factors: whether the person presents a danger to the community and whether they are a flight risk. When addressing the first issue, a judge will usually look at the person's criminal history and any indications that they may potentially harm others. During the hearing, the immigrant may need to answer questions about previous arrests or convictions, explain what happened in these situations, and show that they will not engage in criminal activity in the future. A person may provide evidence of rehabilitation, such as the completion of a prison sentence or diversionary program, as well as other steps they are taking to remain safe, such as receiving treatment for drug or alcohol abuse.

Continue Reading ››

 Posted on August 29, 2022 in Immigration

The 14th Amendment to the U.S. Constitution guarantees citizenship to any child born inside the United States. This ensures that when parents are living inside the U.S., including those who are U.S. citizens, lawful permanent residents, or of any other status, their children will be able to realize the benefits of citizenship. However, there are many situations where U.S. citizens may be living outside the United States when their children are born. To ensure that their children can be recognized as U.S. citizens, parents or grandparents will need to take steps to apply for citizenship on behalf of their children. In these cases, it is important to understand the requirements that will need to be met and the information that must be submitted.

Requirements for U.S. Citizenship for Children

For a child to be recognized as a U.S. citizen, all of the following requirements must be met:

Continue Reading ››

 Posted on August 11, 2022 in Immigration

Immigrants to the United States have a number of options for receiving authorization to live in the country permanently. Most of the time, when a person receives a Green Card, it will be valid for 10 years, and it will be renewable. However, there are some situations where a conditional Green Card will be issued that will only be valid for two years. If you have received a conditional Green Card, it is important to be aware of the special requirements that apply to you in order to maintain your legal status in the United States.

When Are Conditional Green Cards Issued?

10-year Green Cards may be issued to those who are approved for certain types of family-based and employment-based visas. Conditional Green Cards may be appropriate in the following situations:

• Green Cards based on marriage - If a couple applies for a K visa that will allow a foreign fiancé(e) to come to the U.S. for the purpose of getting married, a spouse will receive a conditional Green Card. If a couple had been married for less than two years when applying for an Immediate Relative visa, a conditional Green Card will be issued to the foreign-born spouse. The child of a foreign fiancé(e) may be included in a K visa application, and they will also receive a conditional Green Card.

  Continue Reading ››

 Posted on July 21, 2022 in Immigration

There are a variety of situations where immigrants to the United States may face deportation. A person may be accused of entering the U.S. illegally, remaining in the country after the expiration of a visa, or otherwise violating immigration laws. There are a number of potential defenses against deportation, and in many cases, immigrants may apply for asylum based on the fear that they will face prosecution if they are forced to return to their home country. However, those who do not qualify for asylum may be able to apply for another form of humanitarian relief known as withholding of removal.

Asylum Vs. Withholding of Removal

A person may qualify for asylum if they are currently in the United States and meet the requirements to be considered a refugee. Refugees are people who have been forced to flee their home countries, and they must have experienced persecution, or they must have a credible fear that if they are returned to their home countries, they will be persecuted because of their religion, race, political opinions, or membership in certain groups. A person who is granted asylum will be protected against deportation, they will receive authorization to work in the United States, they will be eligible for government aid, they may ask for permission to travel outside the U.S., and they may be able to file petitions on behalf of family members who are seeking to immigrate to the United States.

Continue Reading ››

 Posted on July 13, 2022 in Immigration

Those who have been detained by U.S. immigration officials will often be unsure about their options for avoiding deportation. People in this situation face many difficulties, especially if they have entered the United States seeking safety and fear that they and their families will be placed at risk of harm if they are forced to return to their home countries. While immigrants may have options for defending against deportation, some recent rulings by the U.S. Supreme Court may make it more difficult for them to properly address these issues and be released from detention.

Immigration Bonds and the Post-Removal-Order Statute

In two recent cases, the Supreme Court looked at whether immigration officials can hold people indefinitely and whether those who are being detained have the right to request bond hearings. One of the laws addressed in these cases, Section 1231 of the U.S. Immigration Code, is known as the “post-removal-order statute.” Under this law, once a deportation/removal order is issued, a person must be held in detention for at least 90 days. However, if the person is not removed from the United States after 90 days, they may be released and placed under supervision.

Continue Reading ››

 Posted on June 29, 2022 in Immigration

For undocumented immigrants living in the United States, the threat of deportation is ever-present. This threat increased significantly during the presidency of Donald Trump, who put policies in place in which nearly all immigrants without legal status could be subject to arrest and placed in removal proceedings. During the presidency of Joe Biden, more measured policies have been put in place, decreasing the number of deportations. However, a recent ruling by a federal judge may have limited the administration’s ability to carry out these policies, potentially putting more immigrants at risk of deportation.

Deportation Prioritization Policy Ruled Illegal

In September of 2021, Secretary of Homeland Security Alejandro Mayorkas issued a memo detailing how deportation cases would be prioritized by immigration officials. The policy outlined in this memo allowed for prosecutorial discretion in these cases, and it stated that officials would focus on cases in which immigrants could present threats to national security, threats to public safety, or threats to border security. Officials were also instructed to take other factors into account in deportation cases, such as how long a person had lived in the United States, whether they had any children who were U.S. citizens, and whether they were of advanced age.

Continue Reading ››