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Frequently Asked Questions
| Is it true that if someone is in the USA illegally for ten years, but has been paying taxes, that they can get a greencard? | | Not really. It sounds like you are referring to something called "Cancellation of Removal", which is a defense to a charge of being removeable. Once a person, who has been in the USA for at least ten years has been charged with being removeable, he or she can apply for Cancellation of Removal if:
-He or she is a person of good moral character;and
-His or her removal would cause exceptional and extremely unusual hardship to his or her citizen or permanent resident parent, spouse or child.
Having filed tax returns is one way of showing good moral character.
If all of the above is established in Immigration Court, the Immigration Judge can cancell his or her removal and adjust his or her status to lawful permanent resident.
It should also be noted that under a law known as NACARA, certain perople from the former Soviet Union and some Central American countries be granted Suspension of Deportation under lower standards, or more easily. |
| Is it possible for me to bring my fiance to the United States so that we can get married? | | Yes, if you are a United States Citizen, you can bring your fiance to the United States on a K-1 visa as long as you can prove that the two of you have personally met at least once within the preceding two years, or if you are granted a waiver of that requirement from the Attorney General. The two of you must marry within 90 days of your fiances arrival in the U.S.
Following the marriage, the alien spouse must apply to the BCIS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the BCIS for removal of the conditional status.
The unmarried, minor children of a K-1 beneficiary derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.
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| Is it possible to be a dual citizen of the United States of America and another country? | | Yes. If you have been a dual citizen from birth or childhood, or you became a citizen of another country after already having US citizenship, you may qualify for duel citizenship. As long as the other country in question does not have any laws or regulations requiring you to formally renounce your US citizenship before US consular officials, then current US law unambiguously
assures your right to keep both citizenships for life.
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| What are the grounds for Removal? | | Noncitizens can be expelled for a number of reasons:
A person who entered the country on a temporary visa, that has since expired.
A person who has entered the country illegally.
A person who has violated immigration laws.
A long-time immigrant who has a green card can be expelled if they commit a crime, or have committed a crime in the past.
There are many grounds for removal, which arise out of economic, moral, political, security, health, criminal, or other concerns.
There are additional grounds for removal added by the new immigration law enacted in 1996. They include:
Making a false claim of U.S. citizenship in order to receive a benefit under the immigration laws (even for employment purposes).
Conviction for a crime that was the result of domestic violence, stalking, or child abuse.
Although a person may be able to seek a waiver of removal in certain circumstances, there are some grounds for removal that can not be waived.
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| What are the requirements for Naturalization? | | You may apply for naturalization if:
(1) you have been a lawful permanent resident for five years,
(2) you have been a lawful permanent resident for three years, have been married to a US citizen for those three years, and continue to be married to that U.S. citizen,
(3) you are a lawful permanent resident child of United States citizen parents, or
(4) you have qualifying military service. Children under 18 may automatically become citizens when their parents naturalize.
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| When I naturalize, does my child become a citizen? | | Usually if children are Permanent Residents they derive citizenship by operation of law from their naturalized parents. In most cases, your child is a citizen if all of the following are true:
(1) The other parent is also naturalized or
(2) You are the only surviving parent (if the other
parent is dead) or
1.You have legal custody (if you and the other
parent are legally separated or divorced.)
and,
2.The child was under 18 when the parent(s) naturalized,
the child was not married when
the parent(s) naturalized; and the child was a
Permanent Resident before his or her 18th
birthday.
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| What is a Waiver? | | Within the context of Removal,in limited circumstances, a lawful, permanent resident who is removable because of the commission of a crime can seek a waiver. The person must show that the positive factors of staying in the country outweigh the crime.
The positive factors may include: length of time in the United States; family ties to this country; extreme hardship if removed; good moral character; rehabilitation; good employment history; and health needs.
If relief from removal is granted, the person can remain in the United States as a lawful permanent resident.
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| What are the "INS", "BCIS", "USCIS"? | | On November 1st, 2003 the BCIS - the Bureau of Citizenship and Immigration Services was replaced by the USCIS - the U.S. Citizenship and Immigration Services - within the Department of Homeland Security (DHS).
As the INS transitions into DHS all customer services will remain in place. INS customers are advised that all familiar immigration customer services have been retained through this transition. In addition, all INS enforcement-related information will also remain in place.
Official forms and documents issued by the former INS are still valid and will continue to be accepted by USCIS and other agencies as evidence of status in the United States.
USCIS local offices will remain in existing INS locations, including Application Support Centers and Service Centers. There will be no immediate change in office locations.
Immigration Forms should continue to be mailed to the address indicated in forms and notices.
The services provided by the USCIS include: the adjudication of family and employment-based petitions; issuance of employment authorization documents, asylum and refugee processing; naturalization; and implementation of special status programs such as Temporary Protected Status.
While the administration of immigration benefits will be taken over by the USCIS, the vast majority of INS’ other functions will be incorporated into two other new bureaus under the Department of Homeland Security. Those bureaus are:
Bureau of Immigration and Customs Enforcement - (BICE)
The BICE brings together investigative and interior enforcement functions of the INS, U.S. Customs Service, and the Federal Protective Services. This Bureau also includes Customs air and maritime assets. By unifying several agencies’ investigative functions, BICE will enhance the Federal government’s ability to carry out an effective, comprehensive interior enforcement strategy.
Bureau of Customs and Border Protection - (BCBP)
The BCBP includes inspectors from the Agricultural Quarantine Inspections, INS, and U.S. Customs, together with the Border Patrol. The Bureau will focus its operations on the movement of goods and people across our borders, ensuring consistent inspection procedures and coordinated border enforcement.
Due to the former INS functions being placed within the new DHS, many new acronyms have been formed. As a service to our visitors and clients at legallanguage.com, Legal Language Services has compiled this list:
DHS - Department of Homeland Security
BCBP - Bureau of Customs and Border Protection
BICE - Bureau of Immigration and Customs Enforcement
BCIS - Bureau of Citizenship and Immigration Services
CISO - Citizenship and Immigration Services Ombudsman
USCIS - U.S. Citzenship and Immigration Services
The new website of the former INS is now the U.S. Citizenship and Immigration Services (USCIS) - http://uscis.gov
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| What are the Requirements of the Child Protection Act with Regard to Aging Out? | | SUMMARY OF THE CHILD PROTECTION ACT-AGING OUT
Basic Requirements about applying the Act-Effective dates:
Ø The I-140 or I-30 petition has to be APPROVED ON OR AFTER August 6, 2002 or it has to be pending (not yet approved) on that date;
Ø Applicable also to cases when the petition was filed before the deadline but the child aged out on or after August 6, 2002;
Ø The alien aged out before the cut-off date but had applied for a visa before aging out and was refused under 221 (g).
Ø The applicant/beneficiary filed the Adjustment of Status or I-230, Part I Immigrant Visa Application within one year of a visa becoming available, or the LPR spouse filed an I-824 on behalf of the derivatives within one year of a visa becoming available.
How to apply the Act to the specific cases:
1. CHILD OF US CITIZEN CATHEGORY: The age of the child will be “locked in” on the date of filing the I-130 petition;
2. CHILD OF LPR WHEN THE LPR NATURALIZES AND REQUESTS CHANGE OF CATHEGORY: The age of the child will be “locked in” on the date of the parent’s naturalization;
3. MARRIED CHILD OF US CITIZEN: Can upgrade the category to “child of US citizen”-immediate relative if divorces before the age of 21;
4. THE DERIVATIVES OF LPR’S AND DERIVATIVE BENEFISIRIES OF I-140’S:
Formula: Deduct the time it took to process the I-130 or the I-140 from the age of the beneficiary on the date of the approval of the petition and the date when the visa became available-priority date becomes current, whatever comes later.
That will create the “CSPA age” that will remain the same for the beneficiary during the pendency of the whole matter.
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| What is the Bush Immigration Proposal? Is it a new law? | | By: Joseph G. Cella, Esq.* January 21, 2004. On January 7, 2004, President Bush announced an immigration reform proposal that would create a temporary worker program. Although no specifics have been made public, in general terms, the new program would allow people who are present in the united states without legal status to receive permission to work and to travel for an initial period of three years, and a subsequent unspecified period after renewal. It also appears that the new proposal would allow aliens to seek admission in temporary worker status upon certification of a potential U.S. employer that there are no U.S. workers available to fill the position(s). Additionally, the President would like to set up a program of incentives for temporary workers to leave the United States within their allotted time here. Such incentives would have some amount of the alien worker’s earnings withheld and returned to him or her upon the aliens timely return to his or her country of origin. Of course, this aspect of the proposal would require cooperation with the governments of the countries of the returning aliens. The president went on to say that, although his program would not lead to lawful permanent resident status, it would not preclude beneficiaries of the program from gaining permanent resident status though other means. The president’s proposal has been met with mixed reactions from both conservatives and liberals. Many conservatives are arguing that the plan would reward aliens who have broken U.S. immigration laws by allowing them to secure some sort of legal status. The liberals have complained that the plan does not go far enough in that it would only allow foreign workers to stay temporarily, while the U.S. uses their labor, and then requires them to return to their countries of origin. In reality however, both sides are only seeing part of the picture. First, politically, Bush simply cannot use the word “amnesty” in this election year. To do so would undermine his traditional conservative support. Accordingly, the administration has stated very clearly that the Bush proposal is not an “amnesty” as it does not lead directly to lawful permanent resident status. Although that position may be politically sound, it is not entirely accurate. It is true that Bush did state that his proposal would not lead directly to lawful permanent resident status. However, he went on to say that it would not preclude illegal foreign workers from securing lawful permanent resident status in other ways. The result is that it appears that illegal workers will be able to legalize and seek permanent residence while they are in temporary legal status. Accordingly, although not amnesty in the traditional sense, the Bush proposal is more akin to a “two-step amnesty”, allowing illegal workers to become legal, while allowing the administration to say that it is not amnesty. The president has sought to make his proposal more palpable to conservatives by including strengthened border enforcement and compliance with immigration laws, something that conservatives want and no one truly takes issue with. Throughout this debate many have asked why, in our post 9-11 state of heightened security, has the President proposed the most sweeping liberalization of U.S. immigration law in almost twenty years. The answer, although multifaceted, is quite simple. First, and perhaps foremost, is security. With an estimated eight to ten million illegal aliens in the United States, the Bush proposal would go a long way to cataloging them and screening them for terrorist and/or criminal ties and activities. Certainly to take advantage of the proposal, each alien will be required to submit to digital fingerprinting, photographing, and will have to provide complete personal, family, biographic and geographic information. With the significant advancements in the connection of intergovernmental databases since 9/11, those who are found to have inappropriate links or histories will be denied and placed into removal (deportation) proceedings. Those who are not will be rewarded with legal status. The second justification for the Bush proposal is economic. Quite simply, it is very desirable to legalize the millions of illegal workers who are working “off the books”, so that they will start to pay taxes on their labor. The third reason is labor. Although the current economic recovery has lagged a bit in the area of net creation of new jobs, most experts agree that the United States will suffer severe labor shortages during the next ten years. Such shortages, if not addressed at this time, will have a significantly negative impact on the U.S. economy. The Bush proposal is aimed in part at heading of such shortages. Forth, the Bush administration went public with the proposal just five days before the President was to meet with President Fox of Mexico. President Fox has pressed the administration for liberalization of U.S. Immigration laws, an issue that was sidetracked by the shocking attacks of 9/11. As the Bush administration is interested in strengthening economic ties with Latin America, in part to counter the new clout of the EEC, the United States must liberalize its immigration policies. Although the Bush proposal seems to be very promising to out-of-status aliens in the United States, at this point it is just that – a proposal. It is not law. In fact it is not clear in what way or when the Administration will present it to Congress. Despite this fact, as early as three days after the President’s proposal, some unscrupulous “Immigration Consultants” and even attorneys were advertising that, for a fee, they would process the paperwork necessary to take advantage of the “new law”. Even today, the American Immigration Lawyers Association, (AILA), issued a warning to its members, suggesting that aliens should be made aware of the immigration scams that are going on. It must be understood that, as there is no new immigration law at this time, there is no “paperwork” to be processed at this time. Anyone who offers to take money to process applications under the “new law” simply cannot provide the service for which they are seeking to be paid. In sum, it appears that there will be a significant liberalization of U.S. immigration law within the next six to twelve months. But at this time, no such law has been enacted, and no one knows what it will include when and if it is enacted. So, for the time being, all an interested alien can do is stay informed through reputable news sources, and stay out of trouble
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| Why do I need an Immigration Lawyer? | |
Why Do I Need A US Immigration Lawyer?
Immigration lawyers in the United States work with many government agencies to help you with all of your immigration problems. Immigration lawyers can work with you on issues dealing with immigration, emigration, visas, green cards, political asylum, permission to work, and other important immigration and naturalization issues.
The United States of America is a free nation that accepts a certain amount of people to immigrate within its borders ever year. This freedom to immigrate into the United States is a special privilege given to a select few. To expedite the process, every immigrant should seek counsel with an immigration attorney to facilitate residency and citizenship proceedings.
What about a General Practice Attorney?
U.S.immigration laws are extremely complex and difficult for a layperson to understand. It is very difficult for general practice attorneys to develop the experience and expertise necessary to successfully navigate complex immigration cases. However, by practicing in immigration law day in and day out, an immigration lawyer is able to develop an expertise in this one area of law. Often attorneys specializing in immigration law will spend hours researching and analizing cases in order to win green cards for clients. After such analysis, a good immigration lawyer will explain in detail to you all of the immigration information relevant to your case. He or she will translate immigration law and policy, interpret these laws and policies, and evaluate the facts of your case to determine the liklihood of your success, and how to proceed. Just as it would be illadvised to have an immigration lawyer handle a tax law or personal injury case, it would not be wise to have a tax or personal injury lawyer represent you in immigration matters.
What About Immigration Consultants?
Immigration consultants or "notarios" have not completed the educational and/or legal requirements to practice law, and are not permitted to sign immigration applications or to appear before the immigration service or in immigration court. Often, the poor advice illegally sold by notarios to unsuspecting immigrants results in cases being denied, families being broken up, and people being unecessarily deported from the United States. Even more shocking is that many notarios charge as much as, if not more than, licensed immigration attorneys charge for immigration cases. That is why every now and then we read in the papers of "immigration consultants" being arrested for the unauthorized practice of law.
Lawyers and attorneys practicing in immigration advise clients in all areas of Immigration and Nationality Law, including:
* NAFTA applications
* Intra-company Transferee (L-1) Petitions
* Specialty Worker (H-1B) Petitions
* Treaty Investor (E-2) Visas,
* Business Visitor (B-1) and Visitors for Pleasure (B-2) Visas
* Lawful Permanent Residence ("Green Card") Status,
* Labor Certification,
* Immigration Court Proceedings (Removal Proceedings)
* Family and Employment Immigration
Immigration Attorneys also handle issues involving naturalization and United States citizenship.
Contact one of our immigration lawyers to have an immigration consultation and evaluation. The information you obtain from our website can assist you with your immigration issues. To schedule a telephonic consultation, go to our home page, click on "schedule consultation", follow the instructions, complete the questionairre and click on "submit". Your information will be reviewed, and by the time you call for your scheduled consultation, an attorney will be fully familiar with the facts of your case.
Also contact an immigration lawyer for the following cases: Family Sponsorship, Business Immigration, Investor, Entrepreneur, Self-Employed, Temporary Status, Working in other countries, Studying in other countries, Visitor Visa, Customs and Immigration Laws, Citizenship and Immigration, Immigration Courts, Solving Immigration Problems, Foreign Nationals, Work Permits, Social Security Card Problems, Social Security Status, Social Security Administration Letters, Deportation Defense, Deporting of family members & more.
At Cella & Associates, an immigration attorney is ready and waiting to evaluate your immigration case, and to advise you on how best to proceed.
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