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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 Posted on January 27,2022 in Immigration

Obtaining an Immediate Relative (IR) visa for your foreign spouse can be a challenging process. Typically, the waiting time to receive an IR visa is very short, but there is the potential for something to go wrong. United States Citizenship and Immigration Services (USCIS) scrutinizes every spousal application, requiring both partners to provide a great deal of personal information. If the application or documents are not filled out correctly, this can put the visa application and your future happiness in jeopardy. To avoid any bumps in your road to marital bliss, be sure to follow these straightforward tips:

1. Provide Clear Proof That Your Marriage Is Legitimate

Unfortunately, foreign nationals sometimes do use marriage as a pretense to gain entry to the United States. As such, the U.S. State Department sets a high standard for documents that authenticate your marriage. Among the most trusted documents to use as validation of your wedding is an official marriage certificate from the United States, Canada, the Commonwealth of countries that are former territories of the British Empire, or the European Union. Many couples, if they are married in a foreign country, will get a marriage license in the United States before beginning the application process for the visa.

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 Posted on January 17,2022 in Immigration

Foreign citizens who live in the United States may face a number of different situations that can affect their legal status, and they may be concerned about the possibility of deportation. Because of this, some victims of abuse may be reluctant to come forward and report these issues to law enforcement. However, those who have suffered abuse may have options that will allow them to avoid deportation and maintain legal status in the United States. The Violence Against Women Act (VAWA) provides protections in these cases, and it may allow victims to receive Green Cards and ensure that they will not be required to leave the U.S.

Who Qualifies for VAWA Protections?

While the title of the Violence Against Women Act indicates that this law applies to women, it also provides protections for anyone who has suffered abuse, including men, children, or people who are transgender or non-binary. A person may apply for a Green Card through VAWA if they were abused by a spouse, parent, or child who is a U.S. citizen or lawful permanent resident.

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 Posted on December 30,2021 in Immigration

People who have immigrated to the United States may be concerned about the possibility of deportation. Immigration and Customs Enforcement (ICE) may detain an immigrant for a variety of reasons, including a belief that a person has violated immigration laws, entered the U.S. without authorization, stayed after the expiration of a visa, or committed certain types of criminal offenses. In these situations, a person will usually want to be released from detention while their case is ongoing, and this will allow them to return to their home and maintain employment. In many cases, an immigrant will need to pay an immigration bond, and they will need to attend a detention bond hearing to determine whether they are eligible for this type of bond and set the amount that will need to be paid before they can be released.

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 Posted on December 15,2021 in Immigration

Foreign citizens who are looking to come to the United States or who are already in the U.S. may sometimes need to deal with issues related to inadmissibility. Immigration officials may determine that a person is inadmissible because of issues such as health concerns, failure to meet vaccination requirements, previous criminal convictions, the likelihood that they will rely on public assistance, fraud or misrepresentation during the immigration process, or previous deportations or unlawful presence in the United States. In some cases, a person may qualify for waivers of inadmissibility. One reason why a waiver may be granted is qualification for Temporary Protected Status (TPS).

What Is Temporary Protected Status?

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 Posted on November 24,2021 in Immigration

In many cases, immigrants who came to the United States as children are left in a state of legal limbo. While these immigrants may be undocumented, they may have lived in the U.S. for the majority of their lives without maintaining ties to their country of origin. A potential deportation could cause a great deal of difficulty for these immigrants and their families, and the Deferred Action for Childhood Arrivals (DACA) program was created to address this issue. However, the status of this program has changed recently, and additional changes may be made in the future.

Status of New DACA Applications and Renewals in 2021

A ruling by a federal judge in July of 2021 has affected the processing of DACA applications. The judge ruled that the DACA program is illegal for multiple reasons, including the implementation of the program by the Obama administration without prior notification that would allow members of the public to provide comments. Due to this ruling, U.S. Citizenship and Immigration Services (USCIS) cannot grant new DACA requests, but it may issue renewals for those who had previously received DACA protections. 

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