Blog2021-08-12T11:34:21-04:00

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I Am An Undocumented Immigrant. How Do I Protect Myself?

By |July 22nd, 2021|Categories: Blog|Tags: |

Although New York City is a sanctuary city and detention by immigration authorities is not a huge risk for the majority of the undocumented immigrants here, it is important to know the risks and to understand how to protect yourself. The most vulnerable undocumented population falls into the following categories: those who have been charged, arrested, or convicted for a criminal offense, for example, drunk driving, domestic violence, or using drugs immigrants with a final order of deportation undocumented immigrants who have committed any document fraud those who arrived in the United States less than two years ago Still, [...]

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601A Waiver: Can I Petition for my Spouse?

By |July 22nd, 2021|Categories: Blog|Tags: |

Yes! There is the 601A Hardship Waiver for People Living in the U.S. without Immigration Status The 601A hardship waiver is an excellent opportunity for the undocumented family members to get a green card and live legally in the U.S. If you came to the US by crossing the border, or you overstayed your visa, in most instances you will not be able to apply for your green card while in the United States. If you have lived in the US without immigration status for 6 months or longer, immigration law imposes a harsh penalty of having you to remain [...]

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Being “Waived” In at the Border May Qualify for Cancellation of Removal

By |July 22nd, 2021|Categories: Blog|Tags: |

On May 21, 2015, the U.S. Court of Appeals for the Fifth Circuit held that a foreign person waived in at the border, without having his or her documents checked by a border agent, is considered having been admitted in any status for the purpose of qualifying for cancellation of removal. In 1992, 4 year-old Ramiro Tula-Rubio was riding in a car driven by a U.S. citizen. When the car approached the U.S. Mexican border, the immigration officer waived the vehicle through without inspecting any documents. In 2002, Tula-Rubio became a lawful permanent resident, and in 2006 he was convicted [...]

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Extreme Hardship Waiver for Conditional on Green Cards

By |July 22nd, 2021|Categories: Blog|Tags: |

Extreme Hardship Waiver can be used to remove conditions on a Green Card and apply for a permanent residency. On October 24, 2014, the Board of Immigration Appeals, in a case titled Matter of Munroe, held that a person who files an extreme hardship waiver to remove conditions on a green card acquired through marriage must show that the hardship arose during the 2 year period in which the alien was initially admitted as a lawful permanent resident. As background information, under section 216 of the Immigration and Nationality Act, a noncitizen who acquires lawful permanent resident status (i.e. a [...]

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How to Prove Good Faith Marriage in Immigration

By |July 22nd, 2021|Categories: Blog|Tags: |

There is no doubt getting married is one of the most significant events in a person’s life. It’s a joyful and momentous turning point, a gathering of family and friends to celebrate the beginning of a life between two people based on mutual love, friendship, and respect. It is, in a sense, a leap of faith driven by hope and the strong human need for companionship, stability, and security. In America, marriage is recognized as a fundamental right under the United States Constitution, an inextricable part of individual identity that cannot be denied. That fundamental right is now being extended [...]

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Immigration Consequences of DUI and DWAI

By |July 22nd, 2021|Categories: Blog|Tags: |

The crime of DUI (“driving under the influence of drugs or alcohol”) or DWAI (“drunk driving”) – carry especially harsh penalties if you are not a U.S. citizen. Many people think that a DUI is not a crime that can lead to problems with your immigration status, but this is simply not true. DUI arrests and convictions may have an affect on those applying for a green card or citizenship as well as those applying for asylum, DACA, or cancellation of removal. I am a green card holder, or applying for one, should I be worried about a DUI type [...]

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Preparing a Winning Personal Statement for your Case

By |July 22nd, 2021|Categories: Blog|Tags: |

As an immigration lawyer, my job is to help clients put together a well-prepared petition or application packet for submission to U.S. Citizenship and Immigration Services (USCIS) or, for those facing deportation, the U.S. Immigration Court. One all-important component that must be included with certain petitions and applications is a client’s personal statement, where the client discusses his or her personal story. A personal statement is also known as an affidavit or declaration. What a personal statement should focus on depends on what immigration relief is being sought. For example, a person applying for asylum because of past persecution [...]

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K Visa: Bring your Fiancee to America

By |July 22nd, 2021|Categories: Blog|Tags: |

For those who fall in love with a person living outside the United States, there is a way to bring your new partner to America. That process can be achieved through what is known as a K visa. You can bring your fiancé/fianceé to the United States by applying for a K1 nonimmigrant visa, which is granted when an eligible person is seeking to enter the United States solely to conclude a valid marriage with a U.S. citizen within 90 days of entry. Minor children of fiancés can accompany their parent on what is known as a K2 visa. [...]

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EB-1 Extraordinary Ability Visa

By |July 22nd, 2021|Categories: Blog|Tags: |

The EB-1 visa based on extraordinary ability is one of the most immigrant visas to acquire. Said EB-1 not only provides for entry as a lawful permanent resident, which may ultimately lead to U.S. citizenship, but also avoids the labor certification process required for most employment based immigrant visas, and it allows a foreign national to apply without employer sponsorship. While many people believe that an EB-1 extraordinary ability visa requires a major international award, such as a Nobel Prize, the fact is that there are other criteria that may be met to qualify for the visa. How To [...]

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Registration with Selective Service

By |July 22nd, 2021|Categories: Blog|Tags: |

Selective Service registration is required by law for all men between the ages of 18 and 26. Once you turn 26, you will no longer able to register. By registering with Selective Service, you are not signing up for the Armed Services. However, should the United States become attacked or there is a national emergency requiring a draft, you may be drafted. Immigrant men, including naturalized citizens, parolees, undocumented immigrants, legal permanent residents, asylum seekers, refugees, and all males with expired visas must register. Men who are living in the United States on a valid visa do not have to [...]

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Special Immigrant Juvenile Status for Children Under 21

By |July 22nd, 2021|Categories: Blog|Tags: |

Children under 21 years of age who have been neglected, abandoned or abused by one or both parents can apply for the Special Juvenile Immigrant Status (SIJS) and a Green Card. Our firm has helped several of our young clients from El Salvador, Guatemala, Poland, and Russia obtain residency and, in some cases, terminate their immigration court cases. Our client from DR received her green card in time for her first year of college. Congratulations!

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