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During the COVID-19 pandemic, the Trump administration put a ban on certain work visas. Trump had frozen new green cards during the pandemic, arguing that the clampdown was important to safeguard the United States economy, protect jobs, and for public health reasons. Trump also halted temporary work visas for skilled workers, managers, and au pairs, including H-1B, H-2B, H-4, L-1, and J categories. Revoking The Freeze In February 2021, President Biden revoked the freeze on many visas and green cards, stating that the freeze was not in the best interests of the United States. Biden also noted that the freeze hurt industries and families and noted that it prevented qualified non-U.S. residents from entering the country. While Biden did not take steps to reopen some temporary work visas, the freeze is set to expire on March 31, 2021, and there is no indication that Biden intends to take further action. The visa ban has contributed to a backlog of over 400,000 family-based visa applications alone.…Read More

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

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