The DACA/DAPA Delay

Posted by on 8:50 pm in Immigration Law | 0 comments

The DACA/DAPA Delay   The new Deferred Action for Childhood Arrivals (DACA) program was scheduled to go into effect in February of this year, with Deferred Action for Parental Accountability (DAPA) scheduled three months later.  However, due to the fight against DACA/DAPA expansion, the new programs have been halted after a preliminary injunction was filed in February 2015. The Obama Administration, who had announced the expansion in November of 2014 through executive action, filed an appeal to the injunction requesting that the court...

read more

Removal of Condition on Marriage-Based Permanent Residency

Posted by on 1:49 pm in Immigration Law | 0 comments

  Removal of Condition on Marriage-Based Permanent Residency   If you were granted lawful permanent residence (LPR) status based on your marriage to a United States citizen or permanent resident, then you are likely aware that your residence status is conditional.  This is based on the fact that your marriage was entered into on a good faith basis.  This condition on your status is so that you are not trying to enter the United States to evade other U.S. immigration laws. Applicants may file an I-751 petition to USCIS in order to...

read more

The K-1 Visa

Posted by on 5:04 pm in Immigration Law | 0 comments

The K-1 Visa   If you are a United States citizen and you fall in love with someone who is not a U.S. citizen nor lives in the United States, the fear of not being together is at the forefront of your mind.  The K-1 visa is the solution for such a situation.  This is a nonimmigrant visa that allows a U.S. citizen to marry a foreign national by bringing him/her to the states.  The couple must marry within 90 days of the foreign national’s entry or before the foreign national departs the U.S.  If the couple does not marry in that time, the...

read more

Naturalization for the non-English Speaking Resident

Posted by on 1:39 pm in Immigration Law | 0 comments

  Naturalization for the non-English Speaking Resident   Becoming a United States Citizen can be an exciting event for those who have long-awaited this day.  However, for those who have not learned the official language of the states, it may be scarier than it should be. Naturalization is the process by which a foreign national is granted US citizenship after fulfilling certain requirements.  These requirements include: Determining if you are an eligible candidate (this may include being over the age of 18 and having been a...

read more

Naturalization and Failure to Pay Child Support

Posted by on 1:27 pm in Immigration Law | 0 comments

  Naturalization and Failure to Pay Child Support   In order to become naturalized as a United States Citizen, a permanent resident must meet the specified requirements.  One of those requirements is for the applicant to show that they have good moral character within the statutory period.  Good moral character can be found lacking in numerous situations, one of which is the failure to pay child support. Child support is a very serious matter.  The willful failure to pay support for any dependents can have grave consequences.  If...

read more

Crimes and their effect on Naturalization

Posted by on 2:08 pm in Immigration Law | 0 comments

  Crimes and their effect on Naturalization   If you are planning to apply for naturalization but are hesitant because you have a criminal record, it is important to consult an attorney to see the effect the criminal record may have on your ability to become a citizen. In order to naturalize, an applicant must show that they have good moral character.  Therefore, they must not have had any criminal conduct indicating otherwise during the statutory period prior to applying for naturalization.  The statutory period may be either three...

read more

Failure to Register for Selective Service

Posted by on 1:48 pm in Immigration Law | 0 comments

  Failure to Register for Selective Service   More commonly known as a “draft,” the military Selective Service registration is a requirement by male United States Citizens between the ages of 18 through 25.  This was enacted by the President in 1980 and the requirement also extends to green card holders, refugees, asylees, and others in that age group. Persons not required to register are those in temporary status, such as student visas or visitor visas. If there is a failure to fulfill the requirement, an USCIS officer may request...

read more

Obama’s Plan to Reform the Investor L-1 Visa

Posted by on 5:35 pm in Immigration Law | 0 comments

  Obama’s Plan to Reform the Investor L-1 Visa   “One of the things that would make America even more attractive to businesses and that would grow our economy and shrink our deficits, and keep this country safer, stronger, and smarter, would be a comprehensive immigration reform package,” stated Obama at the SelectUSA Investment Summit on March 23, 2015.  Of this immigration reform package, Obama focused on his plan to reform the L1 visa process.  Obama announced his plan to make the L1 process much easier for foreign nationals. The...

read more

Visa Options under VAWA

Posted by on 2:30 pm in Immigration Law | 0 comments

  Visa Options under VAWA   The Violence Against Women Act (VAWA) has undergone much support and also criticism since it was first enacted in 1994.  In regards to immigration, VAWA has been expanded to allow immigrant victims relief through several methods permitted by USCIS.  Immigrants subject to violent crimes may apply for a U-visa, victims of sexual assault or trafficking may apply for a T-visa, or a victim of spousal/child/parent abuse may petition by themselves for permanent residency without informing their abuser.  The...

read more

Cancellation of Removal for Lawful Permanent Residents

Posted by on 5:35 pm in Immigration Law | 0 comments

Cancellation of Removal for Lawful Permanent Residents  Sometimes immigrants make mistakes and have criminal offenses that occur after they receive their green cards.  If this occurs, you may find yourself in removal/deportation proceedings and need to defend yourself.  One type of defense available is cancellation of removal under 240A(a) of the Immigration and National Act (INA).  In order to qualify you must satisfy the basic requirements as follows:  You have been a permanent resident for at least five (5) years; Prior to service of the...

read more