Category Archive Immigration News

ByStaff

How to Obtain Protection through Deportation Proceedings

The following information is for people seeking protection from deportation. Proceedings take place in Immigration Court or before the Board of Immigration Appeals (BIA). In deportation proceedings, individuals can apply for protection and immigration benefits like:

 
• Adjustment to permanent resident status
• Cancellation of removal
• Waivers that allow admission into the U.S.
• Asylum or hold back deportation orders (if eligible)

 
If you are filing for protection, you need to submit certain applications and provide biometric and biographic information to USCIS. If you do not file these forms properly, your file will not be passed on to removal proceedings. These procedures are meant to ensure that background checks are completed before your file is examined for protection benefits.

 
Since April 1, 2005, benefits cannot be granted to individuals until background checks are completed.
If your application is accepted, the process is not over yet. You will be issued further instructions by the Immigration Court. You must follow these instructions to receive documentation and work authorization.

 

 

For more information about removal proceedings, contact Attorney Phillip Kim.

ByStaff

USCIS Redesigns Employment Authorization Document and Certificate of Citizenship

One of the most recent changes made to immigration and naturalization took place on October 25, 2011. In an effort to increase security and combat fraud, USCIS redesigned two official documents, making it harder for criminals to tamper or counterfeit the documents. Also, authenticating the documents is now easier and more accurate.

The two documents affected are the Employment Authorization Document (EAD) and the Certificate of Citizenship (form N-560).

The EAD has been changed so that the card number is now located on the front of the card, as is the case number. The immigrant’s fingerprint and picture are laser engraved, making it harder to illegally reproduce the card. The unique background design and holographic imaging also makes the EAD difficult to tamper with.

The Certificate of Citizenship has been redesigned to include a digital approval signature and watermark that is engraved directly in the paper. The printing process has been changed to make the certificates more fraud resistant. And updated physical security features make it harder to tamper with the official documents.

USCIS anticipates that over 1 million people will receive the new documents in 2012.

 

At the Law Offices of Phillip Kim, Inc. we seek to keep you up to date on the latest changes in immigration and citizenship programs. For more information, contact Attorney Phillip Kim

ByStaff

Good Moral Character: Does it Apply to You?

If you have been researching immigration laws, you might have come across the terms “good moral character”. Many avenues of applying for citizenship require that the applicant be of good moral character. In fact, the naturalization process requires this of all applicants. The concept of good character is ambiguous and confusing for many people who are hoping to become U.S. citizens. At the Law Offices of Phillip Kim, we have had many clients approach us with questions about their moral character and whether it will prevent them from becoming citizens. We’ve written this article to clear the air on what it means to have good moral character.

First and foremost, U.S. Citizenship and Immigration Services (USCIS) will look at your criminal record. Certain crimes will result in barring you from becoming a U.S. citizen. These crimes include murder and aggravated felonies. Other less serious offenses might result in a short-term ban. During this time, the applicant will not be eligible for citizenship. Form N-400 is the form used to apply for U.S. citizenship. The form asks many questions about your criminal background. We urge you to respond truthfully and do not omit any criminal charges that were filed against you, even if they are no longer on record or expunged. If USCIS finds out about an issue from your past, you can be denied. Even minor events should be reported.

If you fall into the category of those who have a criminal record, you will need to send a copy of all documents pertaining to your case. For most, these documents include arrest warrants, reports, and court documents. You may also want to consider sending statements or examples of evidence that show your side of the story.

Some clients worry about traffic violations. You do not need to send documents for a traffic incident unless alcohol or drugs were involved. If a traffic violation resulted in an arrest, you will not need to send documents if the penalty involved points on your driver’s license or you were only forced to pay a fine less than $500.

An important note to keep in mind is that some serious crimes come with equally serious consequences. You can be removed (deported) for those crimes. In these cases, USCIS suggests that you seek the assistance of an immigration attorney.

While your criminal record is the primary tool used to determine whether or not you have good moral character, another factor will also jeopardize your plan of becoming a U.S. citizen: lying during interviews. Even if you get away with lying during an interview, if USCIS finds out that you lied later on, your citizenship can be taken away.

In addition, certain specific acts may classify you as someone who does not have good moral character. These include but are not limited to:

  • Failure to pay child support
  • Illegal activities such as prostitution or polygamy
  • Crimes that involve fraud
  • Crimes against the government
  • Being in jail or another institution for 180 days or more during the past 5 years (3 years if you are applying through marriage with a U.S. citizen)

For more information about good moral character, contact Attorney Phillip Kim.

ByStaff

Victims of Domestic Abuse and U.S. Citizenship

The Violence Against Women Act (VAWA) is a law that protects and aids victims of abuse. Though the law states “women”, it applies to men, women, and children. As a result of the passage of VAWA, programs that protect and provide services to victims have increased and expanded in America.

For immigrants, this law is especially helpful to victims who want to become U.S. citizens, but are worried for their safety. If you’re a victim of violence and the abuser (spouse, child, or parent) is a U.S. citizen or holds a green card, you may be eligible to petition for a visa. More importantly, the process can take place in a way that would be safest for you: all paperwork can be filed without the abuser’s knowledge. The National Domestic Violence website contains more information for victims.

Roughly there are three categories for those who can petition for a visa using VAWA:

1. Spouse: if your spouse has abused you, and he or she is a U.S. citizen or permanent resident, you can file a petition for yourself. You can also apply for your children, if they are unmarried.

2. Parent: if your spouse has abused your child, you can petition for yourself and your child. In addition, you can petition for your children who were not abused. Sometimes, parents are abused by their children. In this case, if your son or daughter is a U.S. citizen, you can also petition for a visa.

3. Child: you qualify as a child if you are under the age of 21, have not been married, and the parent who abused you is a U.S. citizen. If your parent(s) abused you and you have children of your own, you can petition for them. If you have passed the age of 21, but younger than 25, then you can still apply but you will need to demonstrate that the delay in filing was due to the abuse.

If you belong to one of the categories listed above, you may be eligible to petition. But you must meet another set of requirements. This is a common feature of immigration forms. You must not only meet an initial set of criteria, but your specific case must fall into eligibility requirements as well.

If your spouse abused you but is not a U.S. citizen or green card holder, you might still be able to petition if the marriage ended due to death or separation (divorce) – but you must file within 2 years of the end of the marriage. Or, your spouse lost his citizenship or status as a permanent resident because of a domestic violence issue (again, you must file within 2 years of your spouse losing the status). Another option is that you thought you were legally married but your spouse was married to another person, making your marriage unlawful. These are just some of the conditions that must be met in order to establish that you were a victim of abuse. In addition, several other qualifications must be met. For example, it must be true that you lived with the abuser and that you did not get married just for immigration purposes.

There is a different set of requirements for a child who is petitioning or if you are petitioning for a child. The child must be able to prove his/her relationship to the abuser. If you are older than 14, you have to demonstrate that you have “good moral character”. And again, you had to have lived with the abuser.

For parents, the criteria are quite similar to the facts mentioned above. You had to have been abused, living or lived with the abuser, and have “good moral character”. If the abuser is no longer a U.S. citizen or had their green card revoked, it had to have been because of an action of domestic violence, and you must apply within 2 years of their change in status.

If you believe you are eligible to petition for a visa through VAWA, you will need to file Form I-360 plus all other documents that provide USCIS with evidence. The form comes with other benefits besides granting you a visa. If your form is approved, you might be eligible to apply for a work visa. Victims of abuse often remain with their abuser due to financial constraints. With a work visa, you may be able to finance yourself and your children independently.

An approved I-360 also opens the doors to green card issuance. Additional forms must be filed in order to apply for a permanent residence.

For more information about petitioning through VAWA, contact specialized Immigration Attorney Phillip Kim.

ByImmigration News

USCIS Publishes First Issue of E-Verify Connection Newsletter

The United States Citizenship and Immigration Services (USCIS) has released a new E-Verify news publication called the “E-Verify Connection” on its public web site . The inaugural issue of the EV Connection includes several “Hot” topics and recent developments relating to E-Verify, as well as information on free webinars and live presentations from the E-Verify staff.

ByImmigration News

Viewpoints: Arizona throws another temper tantrum in immigration debate

Here’s how you fix illegal immigration. Pass a bill that: (a) toughens border security; (b) creates some mechanism to tame the draconian process that now faces anyone who seeks to come here legally; (c) penalizes those who are here illegally but also offers them a path to full citizenship.

ByImmigration News

Views and News: Don’t shoot the messenger

I’m only a messenger presenting information. You have the right to reject it just as I have the right to present it. So please don’t shoot the messenger. Government officials and military personal take an oath to abide by the U.S. Constitution. To break that oath is subversion.

ByImmigration News

Mexican ambassador blasts Ga. bills aimed at illegal immigrants

The Mexican ambassador to the United States on Wednesday condemned legislation targeting illegal immigration in Georgia, saying it is “poisoning” the relationship between the two countries.

ByImmigration News

US declares record migrant deportation

The United States has deported more illegal immigrants than ever before during the first two years of President Barack Obama’s term in office, a government report says.

ByImmigration News

Arizona proposal would alter birthright citizenship

The Arizona state legislator who co-sponsored the latest immigration crackdown proposal — to end citizenship for U.S.-born kids of illegal immigrants — told CNN Friday that he hopes the legislation will provoke a lawsuit so that the U.S. Supreme Court “can end the controversy over the true meaning of the 14th Amendment’s citizenship clause.”