An Overview of the Real ID Act of 2005I trust that you all had a very blessed Christmas and a Happy New Year. As we proceed into the New Year of 2010 it is important to know that there will be some changes regarding your photo identification. Today’s article will briefly discuss the federal Real ID Act of 2005 and its impact on the way in which we use our identification.
Permanent Residence Through Your SpouseNon-citizen spouses are able to acquire permanent residence through their spouse under the following four conditions. First, your spouse must be a United States Citizen or permanent resident. Second, you must have entered the United States in legal status i.e. with a visa or under the visa waiver program. Three, you must be admissible to the United States. Finally, your spouse must be willing to submit his/her immigration petition to Immigration on your behalf. This article will highlight the process of preparing, submitting and ultimately attaining permanent residence though marriage.
Ten essential things you must know when you are in removal proceedingsThroughout my practice I encounter a large number of clients who are in removal proceedings or have a family member who is removal proceedings. The removal process is a very emotionally charged situation especially when spouses and children are involved.
Beware Of Notarios And Immigration Service ProvidersAs an immigration attorney I often meet clients who hired a Notario to provide them with legal assistance. These clients are often in my office because their immigration cases have been denied and/or they are now in removal proceedings. After reviewing these clients’ cases it is usually difficult, if not impossible, to resolve their cases in a favorable manner. These clients are the victims of Notarios or individuals who provide immigration services who are not authorized by the State to provide legal assistance.
An Overview of the Deportation/Removal ProceedingsDeportation i.e., removal proceedings is not usually a pleasant situation. The fears and concerns that usually arise during deportation proceedings are usually exacerbated by the issues of fear, non-eligibility for relief from deportation and possibly detention.
Human Trafficking is Modern Day SlaveryWhen one thinks of human trafficking the first thing that springs to mind is usually a poor underdeveloped country where individuals are forced into sexual slavery to earn a living. This perception of human trafficking is far from reality. The second question that springs to mind when discussing human trafficking is exactly what is human trafficking. Human trafficking is the exploitation of human beings – be it for sexual exploitation, other forms of forced labor, slavery, servitude, or for the removal of human organs.
Common Mistakes to Avoid when Applying for Immigration BenefitsThe Immigration laws of the United States are governed by complex statutes, internal Immigration memorandums and case law. Consequently, it can be quite daunting for a non-citizen to maneuver his or her way through the entire immigration process. This article will address some common mistakes that clients usually make in applying to Immigration for benefits. I will also offer some easy solutions for those individuals who feel compelled to go through the process by themselves.
Permanent Residence Through Your SpouseNon-citizen spouses are able to acquire permanent residence through their spouse under the following four conditions. First, your spouse must be a United States Citizen or permanent resident. Second, you must have entered the United States in legal status i.e. with a visa or under the visa waiver program. Three, you must be admissible to the United States. Finally, your spouse must be willing to submit his/her immigration petition to Immigration on your behalf. This article will highlight the process of preparing, submitting and ultimately attaining permanent residence though marriage.
Acquiring U.S Citizenship through NaturalizationThere are many paths that lead to the path of United States citizenship. The immigration path to United States citizenship is optional. Under the current immigration laws, it is not mandatory that permanent residents become United States citizens but the benefits are much better. This article will outline the key steps that will put you on the path to becoming a United States citizen.
Immigration’s recent amendments to the Child Status Protection ActImmigration’s recent amendments to the Child Status Protection Act now permit some applicants to apply for permanent residence in the United States. The Child Status Protection Act, [hereinafter “CSPA”] has been the focus of Immigration for some time. Originally the CSPA was enacted in August 6, 2002 to allow children who turned twenty one (21) years old to still be considered as minor children so that they could immediately apply for permanent residence.
New Year, New President and Possibly New Immigration Reform?Presently, it appears that President Barack Obama’s immigration platform is very general. During his election campaign, President Barack Obama’s three key immigration principles were Secure Borders, Fix the Immigration System and a Pathway to Citizenship for undocumented individuals.
The U.S. Immigration Debate – A few perspectivesMany anticipate that the U.S. immigration laws will change after the 2008 elections in November. With candidates Obama, Clinton and McCain talking about a variety of issues, Immigration being paramount, it is clear that they will say what they must in order to get elected, which is the nature of politics. In what way the Immigration field will change is unknown as many political leaders are reluctant to make the necessary changes that will actually benefit the greater society.
Humanitarian Parole and Public Interest Parolees Entry into the United StatesMany do not know that within the US Immigration system exists certain discretionary grants of entry to the United States. The Humanitarian Parole is one such form of entry and the Public Interest Parole is another. Both are available pursuant to section 212(d)(3) or 212(d)(5) of the Immigration and Nationality Act. Both require that certain conditions be met and that the need for immediate entry be thoroughly explained and documented.
HIV and Medical Waivers in the US immigration contextThe US immigration process requires that every applicant for Lawful Permanent Residency complete a medical examination. This medical examination consists of a set of routine vaccinations for diseases such as mumps, measles, rubella, polio, tetanus, diphtheria, influenza, hepatitis B, and any other vaccine for preventable diseases of public health significance.
Visiting The USAGetting to the United States may involve more than just buying a plane ticket with an itinerary bound for a US destination. The United States requires that most individuals from around the world apply for and obtain a visa at a US Embassy in their home country prior to entry. If an individual comes to the United States without the required travel documentation, then s/he may be immediately placed in secondary inspection where s/he will be interrogated for anywhere from one to several hours.
Green Card Renewal - Removing the Conditions on ResidencyIf you have an old edition Green Card that was issued prior to 1989 and has no expiration date, US CIS encourages you to renew your card as soon as possible. Although it is not currently mandatory, US CIS will soon make it so. The renewal of the Green Card serves the purpose of updating your biometric information with US CIS. Biometrics are your unique identifying information such as fingerprints and electronic photograph.
Visa Lottery and Immigration NewsOne way in which SOME people can obtain a Green Card without any form of sponsorship is to participate in the Visa Lottery which is held each year. Between October 3 and December 3, 2007 the US CIS and the US State Department have in effect the 2009 Diversity Visa (DV) Lottery program. This is a lottery where applications from all over the world are received so that the applicants can be considered for a Green Card.
Investor and Short Term Work VisasLiving and working in the United States is not just for professional workers with advanced degrees or those at the opposite extreme with no skills seeking seasonal or temporary employment. Others may choose to enter to conduct short term business, or to become self employed by owning their own business. In this way, the self employed individual can obtain a visa that allows him or her to work in the United States so long as their business enterprise is thriving.
The US Deportation Process - Removal ProceedingsIf an Immigration violator is apprehended by the US Border Patrol or Immigration and Customs Enforcement Officer, then he or she is placed in removal or deportation proceedings. In addition, many are placed in removal proceedings because of a failed Immigration application. These individuals are issued Notices to Appear in Immigration Court by the US CIS adjudications officer.
H Work VisasWhile many come to the United States to be reunified with family, many more come simply to work. Those coming simply to work just want a social security card or work permit. Only those people who are already in the process of applying for Lawful Permanent Residency Status or asylum are eligible for an employment authorization document (EAD) or “work permit” as it is commonly referred to.
Immigration Fees Due To IncreaseApplicants for various Immigration benefits should be aware that on and after July 30, 2007 new Immigration application fees and procedures for payment will apply. Immigration Fees are not refundable.
The Immigration Reform Bill of May 2007There is always much excitement in the national news media, among Immigrant advocacy groups, and the general public when there is an announcement of a new Immigration “bill” created or “compromise” met by the U.S. Congress. While there is always reason to be excited for the 12 million or more Illegal immigrants in the United States who may have a chance of legalizing their status, it is critical for this population and for the public to understand what a “bill” is and how it may affect the people residing within these borders. A basic civics lesson is necessary.
US Citizenship - NaturalizationIf an individual is not born within the geographic territory of the 50 states of United States of America, or any of its territories such as Guam, Puerto Rico, the Northern Mariana Islands, American Samoa or the U.S. Virgin Islands, then s/he must go through the process of naturalization unless they meet one of few exceptions. Naturalization results in tremendous benefits for the individual. A US citizen can travel freely in and out of the United States without restrictions. S/he can sponsor immediate relatives, especially spouses more quickly, vote in local and national elections, become a candidate for elected office, receive full social security benefits while outside the United States, derive citizenship for minor children, receive more public benefits for which they are eligible, qualify for certain government jobs, and receive protection from deportation.
Immigration Violations And WaiversThere are many reasons immigrants get caught up in the Immigration drag net: have their Immigration applications denied, their Green Cards revoked or are deported from the United States. The obvious are those who have been convicted of criminal activity in the United States, those who enter the country illegally or those who overstay their visa.
Immigration: Impact of Criminal Convictions in the Immigration ProcessMoral character is a serious issue in the process for a Green Card. This means that if an applicant a Green Card has a criminal conviction, however minor, s/he may be denied a Green Card and in some instances the United States Department of Homeland Security, particularly US Immigration and Customs Enforcement (ICE) will actively seek to deport those individuals by initiating “removal” proceedings.
Immigration: International AdoptionsFor childless couples being able to adopt a child is a great option to the physical barrier of not being able to have children biologically. In this month's Immigration article attorney Nadine A. Brown discusses International Adoptions in the United States.
Immigration: Work AuthorizationIn this month Immigration Attorney, Nadine A. Brown, discusses obtaining work authorization in the United States.
Immigration: Money Matters in the Immigration ContextIn this month Immigration Attorney, Nadine A. Brown, discusses why it is important to show you are financially stable when it comes to immigration matters.
Immigration: A word about Immigrating to the U.S. through MarriageIn this month Immigration Attorney, Nadine A. Brown, has "A word about Immigrating to the U.S. through Marriage". Please email her your questions. Answers will be published next month.
Immigration: Battered Spouses and ChildrenIn this month Immigration Attorney, Nadine A. Brown, explains "Battered Spouses and Children” Immigrant Visas. Please email her your questions. Answers will be published next month.
Special Immigrant VisasIn this month Immigration Attorney, Nadine A. Brown, explains "Special Immigrant Visas”. Please email her your questions. Answers will be published next month.
Legalization Programs v. “Amnesty”In this month Immigration Attorney, Nadine A. Brown, explains "Legalization Programs vs. “Amnesty” . Please email her your questions. Answers will be published next month.
THE H-1B VISAIn this month’s immigration feature we will look at the H-1B visa.
Lesser Known Non-immigrant VisasThis month immigration lawyer,Sean Keane-Dawes, Esq., talk to us about some lesser know non-immigrant visas.
Removal Of Permanent Residents For Deportable Offense Part 2Last month in part one we discussed how the immigration authorities define an aggravated felony and the disastrous impact such a conviction can have on permanent resident aliens. In this month’s article, we will look at the impact in an INS Case.
Removal Of Permanent Residents For Deportable OffenseOur immigration feature is back with a an article on Removal Of Permanent Residents For Deportable Offense.
Immigration & Nationality Act and FeloniesThis month, Immigration Lawyer Sean Keane-Dawes provides valuable information on the legal quagmire of the definition of an aggravated felony for Immigration purposes.
Visas For Nurses - Immigration TipsThis month Immigration Lawyer, Sean Keane-Dawes, provides valuable information on visas for nurses.
F-1 Visa - Immigration/Student VisaCheck out our newest feature "Immigration Tips". This month Immigration Lawyer Sean Keane-Dawes, provides valuable imformation on how to acquire a student visa to the United States.
