Entries in the 'Deportation' Category ↓

Legal options if Immigration Application is denied

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 Attorney

Citizenship Lawyer

Matrimonial Jurisdiction for Legal and Illegal Aliens

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

300 Delaware Avenue
Buffalo, New York 14202

(716) 462-6585

What is cancellation of removal?

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

Pittsburgh immigration lawyers of Goldstein & Associates, LLC.

When is an Immigrant Ineligible to Apply for Asylum?

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.