Being arrested or detained can be an overwhelming, stressful, and significant event in your life. Though the subject of being arrested by Immigration and Customs Enforcement (ICE) may be uncomfortable to think about, you should still understand your rights. So if you are arrested or detained, you can rely on exercising the rights that you know you have. Remain Silent You do have the right to remain silent. And this can be surprisingly difficult to do. The reason being is that you will likely have the desire to explain your way out of the situation you are in. If you think you’ve been detained mistakenly, you might wish to express this. Should you not have a valid explanation for why you were detained, do not lie or pass off fake documents. Focus on remaining silent and expressing that you would like to remain silent. Think of this: instead of saying something, ask for things. For example, ask if you are free to leave. Ask to…Read More
Navigating through the immigration process can be extremely complex and frustrating. This is made even worse if you have already had an order of removal issued against you by a judge. This order may cause you to be detained by ICE, deported, and make it so you can’t seek out immigration relief, petition for a status that would let you stay, or take other actions that could help your situation. If you or a loved one is facing this situation, you will eventually have to file a motion to reopen removal orders. This will help you to be able to get your case looked at again, so you can argue for the right to stay in the country legally. While successfully filing this type of motion is not always easy, it can be done effectively with the right help from an attorney. Evidence To Support The Reopening Of Your Case The most important thing you can do when petitioning for the reopening of your immigration…Read More
If you are one of the millions of people who are living in the United States without legal citizenship, you are missing out on a number of important legal benefits and protections. For those who plan to remain in the US permanently, becoming a citizen makes a lot of sense. While it can take some time and effort, it will be worth it in the end. The specific process for becoming a US citizen will depend on a number of factors, including your current legal status, how long you have been in the country, and more. The following steps, however, will provide you with a good outline of what will need to happen in order to become a citizen. Looking At Your Eligibility The first thing you will want to do is to make sure you are eligible for citizenship. Some of the following requirements must be in place before applying for citizenship, and others you just need to be able to accomplish before taking…Read More
Although people may think that the terms permanent resident and citizen can be used interchangeably, they do not mean the same thing. Understanding the differences and how they apply to you, is the first step to knowing your rights and responsibilities. For example, under certain circumstances, you can be deported even if you are a permanent resident. To protect yourself, understand these terms and the meaning of each. A Lawful Permanent Resident This is someone who has been granted the right to live in the United States indefinitely—meaning there is no timeline when it will expire. To be clear, that doesn’t mean it cannot be revoked, but we will go over that in a moment. These people have a Permanent Resident Card, commonly referred to as a “green card.” This is legal identification that displays your photo and status. When you are a permanent resident, you are still a citizen in another country. You cannot receive a passport from the United States, but your green…Read More
The Violence Against Women Act (VAWA) creates a special provision in the United States immigration law that protects the victims of domestic abuse who are not U.S. citizens. Typically, if you are the spouse, child, or parent of a U.S. citizen or permanent resident, that person will have to apply for a green card on your behalf. However, under VAWA, you may be able to obtain legal immigration status on your own. Here are some further frequently asked questions about VAWA. What Is A “Derivative?” A derivative is an individual who is not a United States citizen who can obtain legal immigration status through another non-citizen who is the principal applicant. For example, an abused person seeking status under VAWA may also seek status for their minor children. What Are “Inadmissibility Grounds?” Inadmissibility grounds are reasons why an individual cannot be admitted to the United States. These grounds can include things such as certain criminal convictions or committing different types of fraud. You may not…Read More
If you are married to a U.S. citizen or lawful permanent resident of the United States, you can apply for a marriage-based visa or green card. There are some important requirements that you should consider before making this application, including, but not limited to: You Must Be Legally Married In order to qualify for a marriage-based visa or green card, you must be able to establish that you are legally married. A legal marriage is one that is recognized by the government of the country where you were married. This typically means that a record of your marriage can be found in a government office. Domestic partnerships are not typically recognized as legal marriages. However, if you lived in a country that recognized or recognizes common law marriage, you may be able to establish that fact. Your Marriage Must Be Bona Fide A bona fide marriage is one in which both people, from the start, intend to remain married and establish a life together. This…Read More
A K-1 visa, also known as a fiancé visa, allows an engaged partner of a United States citizen entry into the United States as long as the couple plans to get married within ninety (90) days of entry to the United States. The newly married spouse can then apply for a green card based on the marriage. K-1 Visa Requirements There are a number of specific requirements for a K-1 visa, including, but not limited to: The sponsoring fiancé must be a U.S. citizen. Green card holders cannot sponsor their fiancé. Both partners must be eligible to marry. This means they can’t already be married to someone else. Prior annulments, divorce decrees, and death certificates should be provided to prove eligibility. K-1 visas are allowed for same-sex couples regardless of the laws in the sponsored fiance’s country regarding same-sex marriage. You must prove the legitimacy or the bona fide nature of the relationship. This can be demonstrated through photographs, evidence of trips taken together, affidavits…Read More
When submitting a petition under the Violence Against Women Act (VAWA), one of the requirements is that you establish that you are a person of good moral character. Good moral character has an ambiguous definition in the Immigration and Nationality Act [hereinafter, the “INA”], but there are some specific items that officials look for to determine whether a person is a person of good moral character. There are a number of different ways you can prove that you are a person of good moral character, including, but not limited to, the following Police Clearance Records Submitting police clearance records from anywhere that you have lived for at least six (6) months in the past three (3) years can help establish that you are a person of good moral character assuming these records show that you have never been arrested or charged with a crime. You can obtain these records by going to the police station. Most states also have official statewide criminal records search websites…Read More
There has been a substantial increase in domestic violence cases as a result of COVID-19. The inequalities and issues related to domestic violence have always been there, but the pandemic has brought them to light. Comprehensive data is not available because many cases go unreported. However, now that family members are stuck at home with their attackers, the numbers are on the rise. The National Domestic Violence Hotline reported a 9% increase in calls between March and May of 2020. Cities across the country are experiencing an increase. The New York City Police Department reported a 10% increase in domestic violence reports. Police in San Antonio reported an 18% increase in family violence cases. VAWA Can Help If you are an immigrant who has suffered from domestic violence, then the Violence Against Women Act may be able to help. VAWA provides an avenue for immigrant victims of domestic violence to obtain a green card without relying on abusive spouses, parents, or children to sponsor them.…Read More
Deferred Action for Childhood Arrivals (DACA) is an agreement by the U.S. government not to deport certain individuals. It is not a guarantee of a green card or citizenship. Having an attorney for your DACA petition is not required. However, if you would like to eventually achieve legal status in the United States, having an experienced immigration attorney on your side can be helpful for you and your family. Here are some reasons you should consider hiring an attorney for your DACA petition: Experience With The System You likely have little experience dealing with United States immigration law and may not know all the necessary processes. An experienced immigration attorney knows the hurdles that lie ahead and how to approach each step. An attorney deals with these laws every day and knows the ins and outs of filing immigration applications and how to win your case. Paperwork Even if you clearly qualify for DACA, having the right paperwork is what counts. An experienced immigration attorney…Read More