Lawful Permanent Residence in the U.S. Archives - Page 5 of 21

24 04, 2018

Supreme Court: “Crime of Violence” Basis to Deport is Too Vague

By Richard Hanus|2020-05-01T16:43:48-05:00April 24th, 2018|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), 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 April 24, 2018 Last week, the U.S. Supreme Court, in a 5 to 4 decision struck down a significant portion of a federal statute exposing foreign nationals to deportation on the basis of having committed a “crime of violence”. The court ruled it incorporates too vague a definition and therefore violates the Due Process clause of the U.S. Constitution’s Fifth Amendment. The case – Sessions v. Dimaya – involves the reversal of a deportation order against a long time U.S. lawful resident from the Philippines who in 2007 and 2009 was convicted of residential burglary in California. A “crime of violence” basis […]

21 02, 2018

The Bad Lawyer and the Fake Lawyer

By Richard Hanus|2020-05-01T16:57:14-05:00February 21st, 2018|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, 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 February 21, 2018 In my 25+ years as an immigration lawyer, I have seen many versions of both the bad lawyer and the fake lawyer. Each is poisonous in that they erode trust in the legal profession and in humankind in general – not to mention the brazen acts of robbery they commit as they carry out their scams. In today’s political environment, where those vulnerable to deportation, or just having to access our immigration system, are more fearful than ever, the damage the bad or fake lawyer can do is immense. Below are two recent examples, with one […]

6 02, 2018

Chicago Based Applicants for Green Cards and Citizenship: DHS/CIS Processing Times

By Richard Hanus|2020-05-01T17:07:51-05:00February 6th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Published February 6, 2018 Marriage based adjustment of status applicants living in CIS Chicago’s jurisdiction are seeing an approximately 7-8 month wait to be scheduled for an interview. Applicants for Naturalization (N-400) under CIS Chicago’s jurisdiction are being scheduled within approximately 8-10 months of application filing, and an oath ceremony, for approved cases, usually being scheduled 3 weeks or so following interview. At present the timeline for marriage based I-485 adjustment of status applicants — assuming all applications and supporting documentation are prepared and submitted correctly, is as follows: Dept. of Homeland Security/Citizenship and Immigration Services receipts are issued within 1 to […]

23 01, 2018

Our Budget Impasse and Immigration

By Richard Hanus|2020-05-01T17:11:04-05:00January 23rd, 2018|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., Family-Based Immigration Law, immigration reform, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published January 23, 2018 Our country endured a brief government shut down in recent days, and there is a decent chance for a repeat performance in the coming weeks. At the core of the debate is our nation’s budget as well as major immigration law issues, including border wall funding, DACA and fundamental changes to our family based immigration system. The political stakes are enormous, with our nation and elected officials deeply divided on sensitive issues such as who is shielded from deportation and who gets to come to live in the U.S. in the future. First, we must take […]

28 11, 2017

Update: Green Card Interviews for Marriage Based Applicants, Including for Same Sex Partners

By Richard Hanus|2020-05-01T17:22:18-05:00November 28th, 2017|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Undocumented Immigrants and Workers in the U.S.|

Published November 28, 2017 A foreign national applying for permanent resident status by way of marriage to a U.S. citizen, continues to enjoy a mostly efficient and streamlined process, especially if they undergo all steps in the U.S. as an “adjustment of status” applicant. For most eligible foreign nationals present in the U.S., whether in legal status or not, adjustment of status processing for permanent resident status at their local Department of Homeland Security/Citizenship and Immigration Services office (DHS/CIS) is usually preferable to overseas immigrant visa processing at a U.S. consular post. For various reasons though, not all individuals […]

15 11, 2017

Beware Immigrants: Automatic Voter Registration

By Richard Hanus|2020-05-01T17:25:53-05:00November 15th, 2017|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-Based Immigration Law, Family-Based Immigration Law, General, 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 November 15, 2017 On the topic of well-intended laws and unintended consequences, one of the first things that come to my mind is the law requiring local Department of Motor Vehicle facilities to ask all driver’s license applicants if they would like to register to vote. In theory, the National Voter Registration Act of 1993, or “motor voter” is a beautiful law – where prospective voters, many of whom would otherwise not go out of their way to register, are solicited and provided a convenient avenue to register to vote and have a voice in our electoral process. However, the […]

3 10, 2017

New Policy: All Employment Based Green Card Applicants In The U.S. Will Be Interviewed

By Richard Hanus|2020-05-01T17:38:35-05:00October 3rd, 2017|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|

Published October 3, 2017 Foreign nationals residing in the U.S. who are applying to adjust their status to lawful permanent resident (green card via Form I-485) based on an offer of employment will now, without exception, be required to attend an interview at their local Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS) office. This is a new Trump administration policy aimed at, according to government officials, heightening the scrutiny of these types of filings, combatting fraud and to ensure only legally qualified applicants are approved. Employment based green card applicants undergoing the consular processing of their immigrant visas overseas […]

25 07, 2017

The Top 5 Defenses to Removal Proceedings

By Richard Hanus|2020-05-01T17:57:03-05:00July 25th, 2017|Categories: Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, 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 July 25, 2017 Foreign nationals in the U.S. may find themselves defending against removal proceedings because they overstayed or somehow violated the terms of their temporary visa status. Or they may never have had immigration status in the first place. Or, it might be that they have permanent resident status, but committed a criminal act that prompted their “removability”. Whatever is the case, if a foreign national finds themselves having to defend against removal proceedings, it is imperative that they know which options may be available to allow them to remain in the U.S. Below are the most common […]

6 06, 2017

When Will CIS Expedite Processing of your Petition or Application? AND New Vetting Procedures in Place for Visa Applicants

By Richard Hanus|2020-05-01T18:05:12-05:00June 6th, 2017|Categories: DHS / Citizenship and Immigration Services (USCIS), 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, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Uncategorized, United States Embassies Abroad|

Published June 6, 2017 These days, with processing times for various petitions and applications getting longer, it is important to be aware that U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) will entertain and grant expedite requests under a variety of circumstances. Firstly, there are a line of employment based petitions where CIS, for an additional “premium processing” fee, will review the filing and issue a decision in as little as 7-14 days. The additional fee is $1,225.00, and that amount is on top of base filing fee at issue. CIS offers this option for the processing of the vast […]

25 04, 2017

A New Look for Green Cards and Employment Authorization Documents

By Richard Hanus|2020-05-01T18:12:05-05:00April 25th, 2017|Categories: 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), Employment Authorization / Work Cards in the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Uncategorized|

Published April 25, 2017 Toward enhancing security and combatting document fraud, U.S. Department of Homeland Security will begin issuing a newly redesigned Permanent Resident Card (“Green Card”) and Employment Authorization Document (“EAD”) starting May 1, 2017. Green Cards and EADs issued prior to the release of the new versions will continue to be honored throughout their validity period. The new documents will feature the individual’s photos on both sides along with unique graphics, color schemes and embedded holographic images. Green Cards will feature the image of the Statue of Liberty and a mainly green color scheme. EADs will include […]

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