Entries in the 'Immigration' Category ↓

The United States began its history based on the foundations of freedom. The entire country was founded by people who immigrated to our nation from foreign lands. The founding principal of the U.S. was to welcome all people, no matter their religion, race or creed.

With the events of September 11, 2001, the nation’s views on immigration and undocumented resident aliens shifted. Today, renewed efforts to control our borders and to deport those who may pose threats to our nation or who cannot prove their legal entry to the country have grown. The protection of our citizens has led to a surge in interest in Immigration Law.

Today there are five major U.S. government departments involved with Immigration Law. They include the Department of Homeland Security, the Department of Justice, the Department of State, the Department of Labor and the Department of Health and Human Services.

With so many government entities involved in immigration law, it is no wonder that it is a fast-evolving branch of specialization. More information on immigration law cases and topics is included here.

If your immigration petition or citizenship application is denied by the USCIS, you may appeal that decision. In immigration proceedings, appellate review authority is divided between two separate organizations within the Department of Justice: the Administrative Appeals Unit (AAU), under the jurisdiction of the USCIS (formerly INS), and the Board of Immigration Appeals (BIA), under the jurisdiction of the Executive Office of Immigration Review. There are strict time limits that must be met in order to file an appeal. It is also important to note that while there is no appeal to the denial of an application for adjustment of status, it can be possible to file a motion to reopen and reconsider the decision.

Only the person who submitted the original immigration application or petition can file the appeal and not the beneficiary of a visa petition. The person appealing the decision can be represented by an attorney or representative and the appeal must be accompanied by a properly executed USCIS Form G-28 (Notice of Entry or Appearance as Attorney or Representative).

Citizenship Lawyer

Tennessee citizenship application

Attaining permanent residency is a stepping stone for citizenship application in Tennessee.  Foreign citizens or nationals seeking permanent residency (green card holder status) must fill out a green card application.  The legal term for filing a green card application is called applying for adjustment of status.  You can obtain the packet of forms you need to fill out from the nearest USCIS office (https://secure.ssa.gov/apps6z/FOLO/fo001.jsp) by calling the USCIS forms number at 800-870-3676 or by downloading form I-485 online (http://www.uscis.gov/files/form/i-485.pdf) along with application instructions (http://www.uscis.gov/files/form/i-485instr.pdf)

Navigating the green card application—form I-485

There are 11 detailed pages of instructions about how to fill out a green card application.  One reason the instructions are so complex is that people with different types of visa status must mail in their applications to specific and different locations.

The USCIS rejects forms that are improperly filled out.  The pitfalls in filling out an application without legal help may include:

• Not using the most recent edition of form I-485
• Submitting your application to the wrong USCIS office (not the closest office to your residence or the one listed in the instructions for your type of visa or immigration status)
• Failing to submit correct filing fees with your form
• Failing to submit complete or correct documentation

In addition to answering the questions on the I-485 form, you are required to submit other documentation, such as:

• Translations of documents containing foreign language, translated by a certified translator
• If arrested or detained, original official court order or arresting agency statements that no charges were filed, the charge was dismissed, you were acquitted, or a record of conviction
• Copy of your passport page containing non-immigrant visa
• Copy of asylum record
• Photos (two identical photos meeting specifications covered by green card application instructions)
• Medical examination report
• Form G-325A, Biographic Information Sheet

Because a green card application involves many variables, an immigration lawyer provides vital help when preparing or reviewing the application.  It is especially important to seek legal advice before submitting an I-485 if you have a criminal record.

The Frager Law firm offers Tennessee citizenship application services.  The firm has nearly two decades of experience helping clients attain U.S. citizenship.  For Memphis citizenship application, call 901-763-3188.  For a Nashville citizenship application, call 615-366-1000.  Call our Tennessee immigration and naturalization law firm toll free 888-889-VISA (8472) or contact us online.

Citizenship application in Tennessee

If you become naturalized through citizenship application in Memphis or Nashville, there are additional steps you should now take as a U.S. citizen.  The United States Citizenship and Immigration Services (USCIS) recommend getting a U.S. passport for purposes of identification and documentation of citizenship.  Because the Social Security Administration (SSA) requires notification of changes in immigration status or citizenship, the USICS also recommends reporting your citizenship status to the SSA as soon as possible.

How to notify the SSA about citizenship status

• You can send information through the mail.  However, going in person to the closest Social Security Office in your area is recommended.  To find the closest office, you can use the Social Security Office locator (https://secure.ssa.gov/apps6z/FOLO/fo001.jsp).

• Bring proof of U.S. citizenship with you to the SSA office.  Your U.S. passport or your Certificate of Naturalization are acceptable as proof.  You should also bring a picture I.D. card or driver’s license.

• The Form SS-5 is the Social Security form used for immigration or citizenship changes.  You may download an SS-5 form by going to the Social Security Online Forms page (http://www.ssa.gov/online/), which you can print, fill out, and bring with you to the SSA office.  (Forms are available in Spanish and English.)  You can also request a form at the SSA office and fill it out there.

• An SSA staff member interviews you and verifies your citizenship.  The staff member updates records to reflect your citizenship status.  Unless your previous social security card had restrictions, you are generally not issued a new Social Security card.  That said, you may request a new card during your interview if you wish.

Benefits from citizenship status notification

• Social Security benefits are granted more readily to citizens than immigrants
• In certain states, U.S. citizens enjoy Social Security disability benefits that immigrants do not
• Lost Social Security cards are easier to replace for citizens than immigrants
• Federal and state agencies frequently access the Social Security database and can see and upgrade individuals from immigrant to citizenship status, which provides more widespread validation of citizenship.

The Frager Law firm offers Tennessee citizenship application services.  The firm has nearly two decades of experience helping clients attain U.S. citizenship.  For Memphis citizenship application, call 901-763-3188.  For a Nashville citizenship application, call 615-366-1000.  Call our Tennessee immigration and naturalization law firm toll free 888-889-VISA (8472) or contact us online.

Many divorce attorneys in Buffalo overlook the legal services that may be rendered to aliens in matrimonial situations. An alien is a non-citizen who is physically present in the U.S. without regard to his or her immigration status, and may be here lawfully or unlawfully. Nationally, there are millions. These aliens can now have access to New York State Courts for matrimonial actions.

New York Courts now consider immigration status as only one factor among many when evaluating jurisdiction. They explore the various relationships between the parties and the State, including but not limited to the marital residence, personal interests and marital affairs of the parties, even when residence and perhaps “domicile” remain in another country.

If a married woman dwells within New York State when she commences an action for divorce in Buffalo, she is deemed a resident thereof, providing the statutory jurisdiction requirements are met. Another common problem frequently facing divorced aliens, and who marry in the United States, is that the Immigration Service may not recognize that person’s prior divorce. In those situations, the lawyer can institute a new divorce action in the State of New York. In situations where both of the spouses are in the United States as aliens and matrimonial difficulties arise, New York is the proper forum for a divorce action if the jurisdictional statutory requirements are met.

Because alien status does not necessarily impute a lack of sufficient ties to confer jurisdiction, aliens have access to New York State Courts.  These aliens can have their matrimonial and divorce law needs entertained without having to travel to their former homelands. The term “residence” under the Domestic Relations Law has a more expanded meaning than it had in the past, and should not be overlooked.

Venzon Law Firm – Divorce Attorneys in Buffalo

(716) 462-6585

After you have filed your application for citizenship:

The citizenship test and interview follow the application. A citizenship lawyer can help prepare their clients for oral and written questions demonstrating their ability to ready, write, and speak English, and familiarity with U.S. civics. A typical citizenship test session may require that you read up to three sentences and pass an oral exam of up to ten questions in U.S. government and history.

An immigration lawyer in Nashville can coach clients with advice on study approaches for the citizenship test.  They reccommend free citizenship courses in their local area. A  Nashville adult education center may offer sample citizenship tests, for example. Immigration lawyers also suggest following the news to prepare for government questions on the citizenship test. Flash cards with likely citizenship test questions can also prepare applicants.

Finally, numerous immigration and citizenship websites offer tips on preparing for the citizenship test.  The USCIS (United States Citizenship and Immigration Services) website has helpful information for anyone preparing for the test and going through the citizenship process. If you are looking for a Nashville immigration service, it is helpful to search this site.

Cancellation of removal is a process where an immigrant who has been ordered to be deported from the United States may be able to remain if an immigration judge cancels his or her removal proceedings based on:

• alien family ties within the United States;
• service in the United States armed forces;
• history of employment;
• the existence of property or business ties;
• evidence of value and service to the community;
• evidence of hardship to the immigrant and his or her family if deportation or removal occurs;
• proof of rehabilitation if a criminal record exists; or
• other evidence attesting to the immigrant’s good character.

The Pittsburgh immigration naturalization service of Goldtstein & Associates, LLC, Phone: 866-716-5682, offers deportation law assistance to their current and prospective clients in order to enable them live legally in the US.

Pittsburgh immigration lawyers of Goldstein & Associates, LLC.

An asylum seeker is ineligible for legal asylum if he or she:

1. Has participated in the persecution of any other person or group based on their race, religion, national origin, social group, or politics;
2. Is deemed a danger to the community due to conviction in the US of a serious crime;
3. Has committed a serious non-political crime outside the US;
4. Is considered to pose a danger to the security of the United States;
5. Has been declared inadmissible to the US on terrorism-related grounds;
6. Was “firmly resettled” in another country prior to moving to the US; or
7. Has been convicted of an “aggravated felony.”

Pittsburgh immigration lawyers at Goldstein & Associates, LLC, 866.716.5682 offer legal counsel to clients seeking asylum in the United States.

Pittsburgh Immigration Attorneys

1125 Penn Avenue
Third Floor
Pittsburgh, Pennsylvania 15222 (Allegheny County)

Immigration Attorneys Battle for Clients

When the war on terrorism began following the collapse of the Twin Towers, so also did a war begin for immigration lawyers fighting for their clients against tightening immigration policies.  In an effort to better police immigration activity post 9/11, the INS (Immigration and Naturalization Service) was abolished and replaced with the Office of Citizenship and Immigration Services under the Department of Homeland Security. Since then, securing green cards and visas has become increasingly difficult, and local, state, and federal agencies are using strict criteria to find and detain illegal aliens.

Green cards, required for permanent residence status and employment, are increasingly hard to get.
The government is cracking down on even minor violations in filing deadlines.  And authorities are not afraid to prosecute and deport foreign citizens for visa and green card violations. Immigration attorneys are running to keep pace with the changes in citizenship laws and effectively advocate for their clients.  Some lawyers are sending letters to clients to keep them current on the stricter rules, outside of their billable hours. They are also taking on more pro-bono client work.

Immigration laws for student visas and visitor visas have also seen considerable change. A foreign citizen cannot enroll for school in the U.S. if he is currently on a visitor’s visa without first changing his immigration status.
Schools are required to report attendance by foreign students to the government. Visitors to the U.S. have stricter limits on their length of stay, and extensions are scrutinized.

Immigration attorneys are busier than ever learning the new rules of engagement for clients whose family, work, or education is dependent on crossing this minefield.  Spawned by the War on Terror, immigration enforcement is well-intentioned but with its own unintended victims.  Get a sharp immigration lawyer to protect against becoming one.

The article provided courtesy of  Nashville immigration and naturalization attorney Dawn A. Garcia.

Do you need an immigration lawyer in the Nashville area?  Immigration law is complex, hard to understand, and constantly changing. Choosing an immigration attorney is a critical decision that can determine the outcome of your case. How do you select the right Nashville immigration law firm to represent you? Here are some things to consider in your search.

The most obvious qualification is that a lawyer specializes in immigration. Check the websites for the lawyers you are considering.  Do they offer helpful immigration information?  What immigration legal services do they provide? Does a prospective lawyer belong to the American Immigration Lawyers Association? Membership in this group will indicate a serious effort on a lawyer’s part to stay current on immigration issues. Has a prospective attorney been successful in his immigration law cases?

Beyond the professional qualifications, will you get personal attention at the immigration law firm you are considering? Interview a prospective attorney in person.  Immigration law cases involve entire families. You need an attorney who can empathize with your situation and stay with you throughout your immigration journey, understanding all aspects of your case.  Make sure he or she is personally close to your case.

Check the reputation of all prospective Nashville immigration lawyers. Get references from immigration clients.  Speak with others who have used Nashville immigration lawyers.  Who do they recommend?  Did they get the professional and personal attention required for their cases? Were their immigration attorneys accessible?  Check the local bar association to ensure no disciplinary action has been taken.

Check the fee structure used by the immigration law firms in your area.  Are they charging flat or fixed fee, or hourly rates, or some combination?  Make sure the fee structure will stay within your budget for your immigration case. Also, pay attention to pass-through costs.  These are expenses like court filings, photocopying, express mail, etc. which are directly passed on to you on top of fees.

Dawn Garcia is an experienced Nashville area immigration attorney with a successful track record in immigration law, and personal involvement in each case. This article was provided by Dawn A. Garcia, 407C Main Street, Suite 207, Franklin, Tennessee 37064.

So, you’re in love. This is it. You’re going to be together forever. There are so many things to consider—one last party with all your friends, a wedding, a honeymoon . . .

Wait a minute! You can’t go on a honeymoon if you can’t get back into the country later. For that matter, how are you going to secure a future if your significant other lives under the constant fear of deportation?

No, no, you tell yourself. Everything will be just fine. Your love will conquer all, and Honey Bunny is going to get citizenship, because you’re getting married!

Not so fast. Marriage doesn’t guarantee U.S. citizenship. It definitely offers your soon-to-be spouse a protective platform from which to petition for citizenship, but the United States does not guarantee anyone citizenship under any circumstances. You can rest assured Pookie can reap the benefits and privileges of citizenship only when he or she is actually a citizen.

Talk to a New York City citizenship attorney now, before you get married, about what factors affect your ability to stay together forever in the land of liberty as citizens in love:

• Where does the immigrant live now?
• Did the immigrant arrive lawfully?
• What is the residency status of the immigration sponsor?
• Have either of you been accused of a crime (even if you weren’t convicted)?
• How is your mental and physical health?
• What kind of work do you both do?

Some of these considerations seem outlandish at best and invasive and upsetting at worst, but U.S. immigration involves a lot of time and a lot of questioning.

Your New York City immigration lawyer can prepare you for what to expect, but, overall, the essence of a petition for U.S. citizenship requires that you prove the veracity of your union and the immigrant’s conformation to a set of rules that is confusing and complicated.

You’ve got a long road ahead of you, but, like your impending marriage, when you put the work in, the results can offer you an amazing life.

This article was provided by Bretz & Coven, LLP, a Citizenship and Immigration Law Firm in New York City, 305 Broadway, Suite 100, New York, NY 10007-1109, Tel: (212) 267-2555.