Posted on December 22, 2021 in Immigration

There are many situations where people living in the United States may want to sponsor their loved ones for family-based immigration. A U.S. citizen or lawful permanent resident with a valid Green Card may provide sponsorship for multiple different family members, including a spouse, children, parents, or siblings. However, when doing so, a person will need to meet certain requirements, including making a commitment to provide financial support for those who will be coming to the U.S. By understanding their obligations when sponsoring one or more family members for immigration, a person can avoid potential issues and ensure that they and their loved ones will be able to maintain financial success in the United States.

Filing an Affidavit of Support

When a person sponsors a family member for immigration, they will submit an application for the appropriate type of immigrant visa. Along with the visa application, the sponsor will usually be required to submit an Affidavit of Support (Form I-864). This affidavit functions as a legally enforceable contract stating that they have the necessary financial resources to provide for the immigrant’s needs and that they accept responsibility for supporting their family member once they enter the United States.

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 Posted on November 16, 2021 in Immigration

Immigrants who are hoping to live in the United States and those who are already present in the country may encounter a variety of issues that will affect their legal status and their ability to obtain the necessary visas or Green Cards. One issue that may arise during the immigration process involves inadmissibility, in which immigration officials determine that a person is not eligible to enter the U.S. Fortunately, this will not necessarily prevent a person from immigrating to the United States, and waivers of inadmissibility may be available in certain situations.

Applying for Waivers of Inadmissibility

While there are multiple reasons why a person may be inadmissible, waivers may be available if a person meets certain requirements. These requirements include:

• Inadmissibility for health-related reasons - If a person is inadmissible because they have been diagnosed with an infectious disease such as gonorrhea, syphilis, or leprosy, they may qualify for a waiver if they are the immediate relative of a U.S. citizen or Green Card holder or if they are applying for a visa under the Violence Against Women Act. A person who is inadmissible because they have not received required vaccinations may receive a waiver if they can provide evidence they are opposed to vaccinations because of sincerely-held religious beliefs. Those who are inadmissible due to physical or mental health disorders that are associated with harmful behavior may be able to receive a waiver if they can provide a complete medical history that includes findings about their current condition and details treatment that is available in the United States that is expected to reduce the likelihood of future harmful behavior.

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 Posted on October 26, 2021 in Immigration

There are many different types of issues that can affect a person’s legal status as an immigrant to the United States. People who have entered the U.S. on an immigrant or non-immigrant visa or who have received a Green Card through adjustment of status may face deportation based on a number of factors, including certain types of criminal convictions. An experienced immigration attorney can help immigrants understand the types of convictions that may cause a person to be deported and the options for addressing these issues.

What Types of Crimes Make a Person Deportable?

Immigration laws are meant to protect the health and safety of those who live in the United States, and immigrants who commit offenses that may cause harm to other people may be subject to deportation. Some offenses will automatically lead to deportation, while others may lead immigration officials to detain a person and initiate removal proceedings because they believe that a person presents a risk of harm to others.

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 Posted on August 09, 2021 in Immigration

A recent decision by a Texas federal judge has dealt a blow to the Deferred Action for Childhood Arrivals (DACA) program in the United States, which currently provides protection for hundreds of thousands of immigrants. With the judge’s ruling that the program is illegal, the program will no longer be accepting new applicants, and the status of those who are currently in the program could also come into question.

The DACA Program

In 2012, then-President Obama created the DACA program in order to provide a reprieve from deportation for undocumented immigrants who were brought to this country as children. Many of these Dreamers–a term frequently used to refer to those protected by DACA–are now adults. Since the program was created, more than 800,000 Dreamers have been accepted.

In 2018, then-President Donald Trump tried shutting down the program, but was barred from doing so by a number of legal actions. In 2020, the U.S. Supreme Court finally ruled that the Trump administration could not dissolve the program since it had failed to provide a sufficient justification to end the program.

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 Posted on June 04, 2021 in Immigration

In January, the Biden administration announced plans for the U.S. Citizenship Act of 2021 with the goal of implementing significant immigration reform. The bill was formally introduced in both the House and the Senate in February and is currently working its way through the legislative process in both chambers. The bill contains hundreds of pages of legalese, as most congressional bills do. The goal of the bill is much more direct: “To provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes.”

Breakdown of the Bill

If it passes, the new law would create the largest immigration legalization program in United States history. Some of the key highlights of the bill include the following:

• Many undocumented immigrants would be eligible for lawful prospective immigrant (LPI) status if they were physically here in the U.S. on or before January 1, 2021. LPI status would allow them to stay in the country lawfully, be eligible for social security cards and work authorizations, and travel outside the U.S. and be readmitted as long as the time away does not exceed 180 days. They would also be able to renew their LPI status every six years; however, if the individual passes a national security and criminal background check and pays taxes, they would be eligible for lawful permanent residence (LPR) status in five years. It is estimated that this new rule would apply to about 11 million undocumented immigrants. Other immigrants who would also be eligible for LPI status are those who worked during the COVID-19 pandemic at jobs that are deemed “essential critical labor or services,” temporary protected status (TPR) recipients, and temporary agricultural workers classified as H-2A.

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 Posted on April 28, 2021 in Immigration

President Biden has announced that his administration will be limiting the number of immigration arrests that take place at courthouses. According to the new policy, Immigration and Customs Enforcement (ICE) agents will no longer have the authorization to carry out routine arrests at courthouses.

ICE agents will still be able to arrest individuals in cases in which matters of national security are at risk or the individual poses a threat to public safety. They will also be able to arrest an individual who is the subject of an active pursuit or if there is suspicion the individual may destroy evidence.

Addressing Fears of Law Enforcement

The policy of immigration arrests at courthouses was put in place by the Trump administration and allowed ICE agents to make routine immigration arrests at federal, state, and local courthouses. The practice is believed to have caused many people to avoid cooperating with law enforcement or attending court hearings. Many undocumented immigrants were fearful of confronting domestic abusers or testifying at trials because they feared being arrested by ICE agents and then facing deportation charges.

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 Posted on February 19, 2021 in Immigration

With registration for H-1B visas approaching in March, it is important to understand eligibility requirements and the process for obtaining them. Under the Immigration and Nationality Act, the H-1B is a visa in the United States that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Typically, these jobs require specialized knowledge and a Bachelor’s degree or equivalent work experience. The average duration is three years, but they can be extended to six years in some cases, after which the visa holder may need to reapply. Immigration laws limit the number of H-1B visas that are issued each year, so for those foreign nationals seeking an H-1B visa, it is important to properly complete the registration.

Bodies of Work

The H-1B nonimmigrant classification applies to individuals who wish to perform duties in a specialty occupation, services of exceptional merit, the ability for a Department of Defense (DOD) research and development project, or services as a fashion model of distinguished merit or ability.

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 Posted on December 17, 2020 in Immigration

A federal court recently ordered full reinstatement of the Deferred Action for Childhood Arrivals (DACA) program that was created under the Obama administration, which protects undocumented immigrants who are brought to the United States as children from deportation. This ruling reverses the decision of the outgoing Trump administration, and it will help many people, including a large number of Indian immigrants. President Trump’s administration tried ending DACA in 2017, but the U.S. Supreme Court blocked the attempt. DACA allows those individuals with unlawful presence in the United States after being brought to the country as children to defer deportation for two years and become eligible for a work permit in the United States. Often referred to as “Dreamers,” DACA recipients cannot have any felony or serious misdemeanor convictions on their records. In addition, it only applies to those who came to the United States before their 16th birthday and who have lived in the country continually since 2007.

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 Posted on October 29, 2020 in Immigration

After being passed by Congress and signed by the President on October 1, 2020, a new law will make USCIS’s Premium Processing service more efficient for those who are going through the U.S. immigration system. Previously, employers and individuals could experience long and unpredictable processing times before receiving USCIS benefits. This expedited processing service allows an applicant to pay an additional fee and receive expedited processing of the petition within a designated timeline. Under the new legislation, USCIS will make Premium Processing available for almost all employment-based immigration and non-immigrant petitions, as well as petitions for their dependents, and petitions for an extension or change of visa status. Premium processing provides expedited processing for the Petition for Nonimmigrant Worker and the Immigrant Petition for Alien Worker. These forms guarantee processing in a period of 15 calendar days to immigrants who would like to use the service. If that time frame is not met for any reason, the USCIS will reimburse an individual for the cost of the premium processing service fee and proceed with expedited processing.

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 Posted on August 07, 2020 in Immigration

The path to U.S. citizenship can be complicated for someone coming from another country, especially when a language barrier is involved. There are various legal steps that must be taken to ensure legal entry to the United States. The U.S. Citizenship and Immigration Services (USCIS) is part of the Department of Homeland Security (DHS) that oversees the country’s immigration and naturalization process. Obtaining lawful permanent resident (LPR) status means an immigrant will receive what is called a Green Card. This is an important step in the process of becoming a U.S. citizen through naturalization.

Grounds for Deportation

The U.S. government has the right to remove an undocumented immigrant from the country under certain circumstances. A criminal conviction is one of the most common reasons that an individual would be deported. While not all crimes are grounds for deportation, violent offenses in addition to the smuggling of undocumented immigrants into the United States may warrant an immigrant to be removed. These grounds typically include aggravated felony convictions or more than one conviction for criminal offenses that carry a jail sentence of more than one year. It is important to note that a jail sentence does not have to be served to warrant deportation or removal.

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