Lawful Permanent Residence in the U.S.

11 07, 2019

DACA’s Future Hangs in the Balance At the U.S. Supreme Court

By |2020-05-01T14:31:00-05:00July 11th, 2019|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Green Cards, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published July 11, 2019 In recent weeks, the U.S. Supreme Court announced that it has accepted several consolidated DACA related cases for consideration and in October will hear arguments about DACA’s future. Obama Giveth, Trump Seeks to Taketh Away: To review, the Deferred Action for Childhood Arrivals (DACA) program was instituted in 2012 by way of then President Obama’s Executive Order.  Through the DACA program, individuals who arrived in the U.S. while under the age of 16, completed high school here (or equivalent), are without any serious criminal convictions and met other requirements, became eligible to obtain a version of legal [...]

29 06, 2019

Deporting Millions, Deporting 2,000 – Same Thing

By |2020-05-01T14:35:34-05:00June 29th, 2019|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published June 29, 2019 On June 17, 2019, President Donald Trump tweeted one of the scarier official presidential communications I have heard in my lifetime: “Next week ICE will begin the process of removing the millions of illegal aliens who have illicitly found their way into the United States. They will be removed as fast as they come in. Mexico, using their strong immigration laws, is doing a very good job of stopping people.......” Once I read this, I was trying to figure out exactly what that meant.   I know there are approximately 12 million foreign nationals residing in the U.S. [...]

19 05, 2019

Making U.S. Immigration Great Again

By |2020-05-01T15:02:45-05:00May 19th, 2019|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, immigration reform, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

[vc_row][vc_column][vc_column_text]Published May 19, 2019   I started practicing immigration law in the decade that followed the Reagan era’s 1986 Immigration Reform and Control Act, the last large scale immigration amnesty in the U.S. Through this legislation, roughly 3 million undocumented, but otherwise law abiding, individuals were able to come out of the shadows and officially start their lives as U.S. lawful permanent residents. Eventually, the vast majority eventually went on to become U.S. citizens. Existing statutory avenues toward U.S. residence have allowed for approximately 1 million new permanent residents to the U.S. per year. In addition to these avenues to legal [...]

2 05, 2019

Smoking Marijuana May Be Hazardous to Your Immigration Health

By |2020-05-01T15:35:05-05:00May 2nd, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published May 2, 2019     A lawful permanent resident (green card holder) seeking to become a U.S. citizen must fulfill a number of requirements when submitting their Application for Naturalization and in order to be approved to take the oath of U.S. citizenship.   In addition to a requisite number of years of permanent residence and physical presence in the U.S., an applicant for naturalization must demonstrate that he/she is of “good moral character” and for a specified period leading up to their application.  Now, according to a new policy memo issued by the Department of Homeland Security/Citizenship and Immigration Services [...]

3 04, 2019

U.S. Senate Once Again Proposes Path to Legalization for Dreamers

By |2020-05-01T15:39:35-05:00April 3rd, 2019|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

  Published April 3, 2019 The Dream Act of 2019 was recently introduced by U.S. Sens. Lindsey Graham, R-S.C., and Dick Durbin, D-Ill, 2 Senate leaders who introduced the same legislation in years past.   If enacted, the Dream Act would make available a path to lawful permanent residence (green card) to certain longtime residents who arrived in the U.S. as children, completed or are completing high school diploma requirements, worked legally for at least three years or served in the military, pass a background check, and demonstrate proficiency in English and U.S. history.  Applicants will be required to pay a filing fee and […]

24 03, 2019

The Top 6 Reasons to Hire An Immigration Lawyer

By |2020-05-01T15:42:07-05:00March 24th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, immigration reform, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

  Published March 24, 2019 Whether the goal is U.S. citizenship via naturalization, lawful permanent residence (green card) or the issuance of a temporary visa – such as a work visa, having an immigration lawyer be a part of the legal process can sometimes be extraordinarily helpful and in other times, absolutely essential.  The job of the immigration lawyer can best be summed up as follows:  A) to keep simple, straightforward cases…..simple and straightforward, B) to devise and implement a thoughtful strategy for cases involving more complex factual or legal issues and C) to provide a client with the type of […]

24 01, 2019

Applying for Naturalization – 2 Big Decisionmaking Trends

By |2020-05-01T15:49:16-05:00January 24th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

  Published January 24, 2019 Applying for U.S. citizenship after accumulating the requisite number of years of permanent residence should not be an automatic decision.   In recent years, U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) seems to be taking a more aggressive approach in deciding applications for naturalization, with increased scrutiny applied to an applicant’s history both before AND after obtaining permanent residence.   That is, to a certain degree immigration officers are looking back at how the applicant obtained their green card status in the first place and engaging in a reassessment of whether that decision was indeed proper. […]

10 01, 2019

How Are Immigration Related Services and Offices Impacted By the Government Shutdown?

By |2020-05-01T15:51:06-05:00January 10th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, United States Embassies Abroad|

  Published January 10, 2019 As our nation is headed toward the longest government shutdown in our history, many of the players impacted, including companies petitioning foreign workers as well as individuals in all our immigrant communities, are asking questions about how the shutdown impacts immigration system related processing.  Can I obtain a U.S. passport?    Is my Green Card application interview in the U.S. still going to be conducted?  Can I still apply for a visa at a U.S. consular post abroad?  These and other questions are answered below – and with the answer usually dependent on whether the applicant is […]

13 12, 2018

New Guidance Regarding Necessity of I-751 Interviews

By |2020-05-01T15:55:35-05:00December 13th, 2018|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Published December 13, 2018   Foreign nationals married for less than two years at the time they enter the U.S. on their immigrant visas or are approved for adjustment of status to resident status (for those processing in the U.S. ) are generally issued a 2 year, conditional resident status.    To convert their 2 year resident card to a permanent, renewable 10 year green card, the conditional resident is expected to file Form I-751 Petition to Remove Conditions on Residence in the 90 day period leading up to the card’s expiration.  Such a filing typically involves the presentation of proof of […]

28 11, 2018

What is a Conviction for Immigration Purposes?

By |2020-05-01T15:57:50-05:00November 28th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published November 28, 2018   Foreign nationals who are the subject of a criminal arrest or charges must take proper care to make informed decisions when it comes to consideration of plea deals being offered by the prosecuting entity.    That is because convictions for certain crimes may negatively impact the individual’s immigration status in one way or another.   In addition to which crimes may lead to negative immigration consequences, foreign nationals must also pay attention to whether the plea deal leads to a “conviction” for immigration purposes, and regardless of how the criminal court may label it. Foreign nationals who plead […]

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