Posted on June 15, 2022 in Immigration

Due to ongoing political turmoil in Haiti, many of the country’s citizens have attempted to come to the United States, where they will have a better opportunity of living in a safe environment and earning an income to support themselves and their families. Unfortunately, U.S. officials have responded to this wave of migration harshly and forced many people to return to Haiti. This has left a large number of migrants with few options, but those who are facing expulsion or deportation can take steps to protect their rights by working with an immigration attorney.

Reasons for Additional Expulsions of Immigrants From Haiti

In 2020, the administration of President Donald Trump put a rule in place that allowed for the expulsion of immigrants entering the United States. This rule, known as Title 42, made it easier for immigration officials to force people to leave the country, since it did not require them to follow many of the standard procedures, and in many cases, immigrants have been prevented from applying for asylum or being recognized as refugees.

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 Posted on May 18, 2022 in Immigration

People living in the United States may be able to sponsor their family members for immigration. While multiple types of family-based visas are available, the fastest and easiest way to sponsor a family member is usually through an immediate relative visa. In these situations, U.S. citizens can provide sponsorship for immediate family members, including their spouses, children, or parents. When applying for an immediate relative visa, family members will need to understand the information that must be provided.

Information Required With a Visa Petition

A person can apply for an immediate relative visa by filing Form I-130 (Petition for Alien Relative). They will also need to provide the following supporting documents:

• Evidence of their U.S. citizenship - This may include a copy of their birth certificate showing that they were born in the United States, a valid U.S. passport that is not expired, or a copy of their naturalization certificate.

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 Posted on May 17, 2022 in Immigration

As a nation of immigrants, the United States has long offered sanctuary, harboring foreign persons from across the globe that are persecuted or fear persecution from their native country. More than 3.1 million refugees have been admitted to the United States since the Refugee Act of 1980. Petitioning for asylum, permanent residency, and citizenship can be complex, timely, and worrisome; however, it is attainable. Even during the COVID-19 pandemic, the United States welcomed 625,400 new citizens in 2020. Adept immigration lawyers can guide undocumented residents to citizenship without fear of deportation or retribution.

Differences between Refugees and Asylum Seekers, and What is a DED?

The only difference between refugees and asylum seekers is the legal definition of residency. Refugees are unable to return to the native countries that they have escaped due to famine, war, or political, personal, or religious persecution. They have yet to enter the United States. To attain legal entry, refugees must apply for refugee status. Asylum seekers, known as asylees, have also fled their countries of nationality and meet the definition of refugee but are residing in the United States.

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 Posted on May 09, 2022 in Immigration

If you married a U.S. citizen and currently hold a conditional two-year Green Card, you and your spouse must file a joint petition for removal of conditions during the 90 days before your current status expires. If your petition is approved, you will be granted a 10-year Green Card. But what happens if you get divorced before the conditions are removed? You may still be able to get an unconditional 10-year Green Card if you meet certain qualifications.

Who Gets a Conditional Two-Year Green Card?

The main paths that lead to a two-year green card include:

You marry a U.S. citizen abroad and, while still living abroad, apply for an IR-1 immediate relative/spouse immigration. If your marriage is less than two years old when your visa is granted, you will receive a CR-1 conditional two-year visa. If your two-year wedding anniversary has passed by the time your visa is granted, you will receive an IR-1 visa good for 10 years.

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 Posted on April 19, 2022 in Immigration

There are many different situations where immigrants may need to address issues related to inadmissibility. Immigration officials may determine that a person is inadmissible to the United States due to issues such as criminal convictions or violations of the laws related to immigration. In some cases, immigrants may be able to apply for waivers of inadmissibility allowing them to enter or remain in the U.S. For those who are inadmissible because they have remained in the United States without authorization, provisional unlawful presence waivers may allow them to gain legal immigration status.

Qualifying for Provisional Unlawful Presence Waivers

Unlawful presence in the United States refers to any time spent in the country without legal authorization, such as remaining in the country after the expiration of a temporary visa or entering the country illegally and living in the U.S. without documentation. Unlawful presence can lead to restrictions on a person’s ability to re-enter the United States in the future. A person who stays in the U.S. without authorization for between 180 days and one year will be inadmissible for three years after the date they departed the country. For those with unlawful presence of more than one year, a 10-year bar to admissibility will apply.

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 Posted on April 05, 2022 in Immigration

There are many reasons why people from other countries may plan to come to the United States to ensure that they can remain safe from harm. Those who believe that they are in danger of persecution or who have a credible belief that they will be harmed or killed may apply for asylum after they enter the U.S., which will provide them with protection from deportation. In recent years, many immigrants have struggled to receive asylum protections, but new changes to immigration rules and policies may make this process easier and ensure that immigrants can receive the protections they need.

Biden Administration Plans to Lift Public Health Order Affecting Asylum Cases

During the administration of President Donald Trump, the Centers for Disease Control and Prevention (CDC) implemented a public health order known as Title 42. This order took effect in March of 2020, and it was meant to prevent the possibility of COVID-19 infections being spread by immigrants entering the United States. Under this order, immigration officials were allowed to expel undocumented immigrants without the requirement to follow standard procedures, even in cases where immigrants were seeking asylum. 

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 Posted on March 29, 2022 in Immigration

A foreign citizen whose presence in the U.S. depends on a visa or green card must avoid actions that could attract the attention of U.S. Immigration and Customs Enforcement (ICE) and result in deportation from the U.S. Being convicted of a crime, such as driving under the influence (DUI), can result in your being detained by ICE officers. 

What Are the Responsibilities of ICE?

ICE handles a variety of issues related to immigration, including:

• Preventing terrorism;
• Combating international crimes such as drug and weapons trafficking;
• Identifying and removing aliens who have committed crimes and therefore present a risk to public safety; and
• Arresting aliens who have entered the U.S. illegally or have committed some type of immigration fraud.

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 Posted on March 02, 2022 in Immigration

Many immigrants to the U.S. are dependent on a parent, spouse, or sibling to sponsor them for a family-based visa. Sponsorship is a bigger responsibility than many people realize. The sponsor must file an affidavit of support for the immigrant, which is a legally enforceable contract that commits the sponsor to financially support the immigrant until they have either become a U.S. citizen or have been credited by the Social Security Administration with 40 quarters of paid work (10 years). 

If an immigrant sponsored by a U.S. citizen or Green Card holder accepts means-tested public aid, the sponsor may be required to repay the cost of those benefits. Means-tested public aid programs include:

• Temporary Assistance for Needy Families (TANF), which provides financial assistance to help pay for food, shelter, and utilities for families with dependent children; 

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 Posted on February 18, 2022 in Immigration

There are many reasons why people around the world may need to flee their home countries and determine how they and their families will be able to live where they will be safe from harm. Civil wars, political upheaval, criminal activity, natural disasters, and other emergencies may force people to seek safety elsewhere, including by immigrating to the United States. In these situations, people may be able to receive refugee or asylum protections, even if they would not otherwise qualify for immigration. By understanding when these types of protections are available, those who are looking to escape dangerous situations and begin a new life in a safe country can take steps to apply for and maintain a lawful status in the U.S.

Who Is Considered a Refugee?

People who are currently outside of the United States may apply for entry into the country as refugees if they meet certain qualifications. Section 101(a)(42) of the Immigration and Nationality Act (INA) defines a refugee as someone who has left their home country or the country where they most recently resided and are unable or unwilling to return to that country. A person’s reasons for their reluctance to return to their home country must be based on fear of persecution, and they will need to provide evidence that they have experienced persecution or are likely to experience persecution because of a protected status. These statuses may include their race, nationality, or religion, or because they are a member of a certain group, such as a political party or social group. A person may be disqualified from receiving refugee status if they have engaged in the persecution of others, including inciting violence, ordering reprisals, or assisting in actions against people based on their protected status.

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 Posted on February 03, 2022 in Immigration

In the course of immigrating to the United States, there is a strong likelihood of interacting with an Immigration and Customs Enforcement (ICE) agent. For a lot of people, talking with a law enforcement officer can be a stressful and nerve-wracking experience. For an immigrant transitioning to life in the U.S., an encounter with an ICE agent can be particularly daunting, and many people may worry about the risks of deportation.

If you or a family member ever need to speak to an ICE agent for any reason, here are a few tips to remember to make these interactions go smoothly:

1. Be Professional and Polite: The men and women of ICE are law enforcement personnel who have to follow set guidelines, the legal code, and a strict code of ethics. Part of this code of ethics is a standard of politeness, so when interacting with ICE, it is essential to be polite as well. Do this by remembering that most of your interactions with an ICE agent will be routine. This means that if an ICE agent approaches you to talk, it most likely is not because he or she suspects you of any wrongdoing. However, if you have a hostile or uncooperative attitude, this may cause the agent to become suspicious. Many misunderstandings can be avoided by simply being polite and kind to the officer.

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