Tag Archive Deportation

ByPhillip Kim

Work Permit for Dreamers and Deferred Action Dream Act Immigration Reform

Work Permit for Dreamers and Deferred Action Dream Act

On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.
According to USCIS an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
To request deferred action from USCIS, individuals must submit required documents and fees.
Even If you are currently in immigration detention or face imminent removal, you might be still eligible for Deferred Action.
For more information, please contact:
Phillip Kim, esq.
Phillip Kim Law Center
Tel. (559) 448-8500
Tel. (619) 752-5379

[email protected]
www.PhillipKimLaw.com
www.PKimmigration.com

Keywords: Dream Act, Dreamers, Immigration Reform, Work Permit, Deportation, Removal, Detention, Immigration Attorney, Immigration Lawyer, Deferred Action

ByStaff

How to Apply for a Work Permit under New Immigration Law

The Obama Administration’s latest new immigration law could benefit many immigrants.

Effective June 15th, 2012, President Obama’s new immigration law will do two things for young immigrants: prevent deportation and grant work permits.

The Obama Administration decided it was time to address the needs of thousands of struggling, young immigrants. Many of these immigrants were brought the United States at a young age and have significant ties to this country – some have lived here since they were children and only speak English. The new law is meant to provide these immigrants with a solution that would prevent them from being deported and would also allow them to work legally in the U.S.

The law is tailored for immigrants who are currently under the age of 30. The immigrant must prove that he is not a threat to the country. Good moral character will also be taken into account. This means that if the immigrant has a history of crime or criminal offenses, he may be denied under this new law.

The new law is meant for young immigrants who came to the U.S. under the age of 16. As minors, these immigrants had no choice in coming to this country. Now that they are here, they should be allowed to stay and get work legally.

Finally, the last requirements under this law are that the immigrant is currently in school or has graduated from high school. If you have received some form of a G.E.D., then that would be acceptable as well. You must also have been living in the U.S. since 2007. If you left at any time within the past 5 years or are currently NOT in the U.S., then you might not be eligible to apply under this law.

Even though you meet these minimum requirements, you may not be eligible for the benefits of this new law. For example, documents must be submitted as proof or evidence that you meet the requirements. If you fail to provide the government with proper documents, your case may be denied.

Furthermore, there may be more requirements for specific cases. A certain criminal offense might still mean that you are eligible for some protection under this law, while other offenses will bar you from benefits altogether.

For these reasons, it is important to discuss your options with a specialized immigration lawyer. Contact Attorney Phillip Kim for more information about Obama’s new law and how it will affect you.

Phillip Kim, esq.
Phillip Kim Law Center

Fresno Office
(559) 448-8500
PhillipKimLaw.com

ByStaff

Where to Apply For a Visa if You Have Been Removed, Deported, or Living Undocumented: The I-212 Waiver For Ineligible Immigrants

The I-212 Waiver can be used to let you re-enter the U.S. if you are currently ineligible to do so. Immigration law says that previous removals from the U.S., including at a port of entry or unlawful living in the U.S. makes visa applicants ineligible to re-enter the U.S. and ineligible to re-apply for a new immigrant (permanent, resident) visa. The I-212 can be used to waive your ineligibility regardless of previous removal history or history of illegal presence in the U.S.

If you were turned away at a U.S. port of entry but were not under formal removal proceedings, you do not need to file this form in order to re-apply for your visa. Likewise, if you have been deported previously but have waited the necessary amount of years before re-applying, you do not need to file this form. Applicants seeking non-immigrant visas, border crossing cards, T or U visas, and applicants with Temporary Protected Status (TPS) do not need to file this form unless they need special consent for readmission. You should file the I-212 if you are seeking an immigrant visa during a time of ineligibility or are currently ineligible for a non-immigrant visa.

The application for the ineligibility waiver is separate from your application for a visa and has some different procedures. Where you should file this form is different depending on your reason for ineligibility. There are 2 major groups of ineligibility covered by the I-212 waiver: previous removals and unlawful residence in the U.S. These 2 groups have different application procedures, so you should be clear on the grounds of your ineligibility before applying for readmission.

Ineligible applicants who have undergone removal proceedings should file the I-212 at the same time or after they apply for change of status to get their visa. If you are ineligible to readmission to the U.S. because you have been previously removed, you should file the I-212 before you return to the U.S. If your removal is active but pending, you should file the form before leaving the U.S. If you are still in the U.S., you should file your I-212 at the same U.S. Citizenship and Immigration Services (USCIS) office you file for change of status. Otherwise, file your I-212 at the office where your application is pending. For example, if you applied for your visa at the USCIS office in Ciudad Juarez and are currently residing outside the U.S., you should submit your waiver to the Ciudad Juarez office as well.

If you are currently in removal proceedings, file your waiver with the Executive Office of Immigration Review (EOIR). The immigration court processing your removal will tell you which office to submit your I-212 waiver to and give you further or unique instructions for filing. You can file the I-212 if you are currently undergoing active removal.

If you have previously lived in the U.S. unlawfully, you must depart the U.S. before filing for readmission. There will most likely be a 10 year waiting period before you are granted readmission under the I-212 waiver.

Where you should file the I-212 visa is different. For applicants needing consent for readmission but who are applying for a non-immigrant visa, you should file your waiver with an office of the U.S. consulate. Similarly, you should file with the U.S. consulate if you are applying for an immigrant visa and are required to file the I-601 waiver at the time of your visa application. If you are not required to get a visa before entering the U.S. as a non-immigrant, you can get your border crossing card and file your waiver at the U.S. Customs and Border Patrol office at the site of entry processing your admission.

For more information and help with filing for a visa, contact immigration attorney Phillip Kim.

ByStaff

The I-212 Waiver: A Breakdown of the Waiver Application Process if You Have Been Previously Removed, Deported, or Living Undocumented

The I-212 Waiver can be used to let you re-enter the U.S. if you are currently ineligible to do so. Immigration law says that previous removals from the U.S., including at a port of entry, and unlawful living in the U.S. makes visa applicants ineligible to re-enter the U.S. and ineligible to re-apply for a new immigrant (permanent, resident) visa. The I-212 can be used to waive your ineligibility regardless of previous removal history or history of illegal presence in the U.S.

The I-212 should be filed at the same time or after any other forms necessary for your readmission. If you are applying for an immigrant visa, you should submit your waiver alongside your application for residence. If you are required to submit any other waivers for re-entry, you should file the I-212 at the same time and at the same office. Where you should file your forms will depend on the reason for your ineligibility and the type of visa you will be applying for. Make sure to check that you are applying with the correct office or department. Possible application destinations could be a local office of the U.S. Consulate, an office of the U.S. Citizenship and Immigration Services (USCIS), the U.S. Border and Customs Patrol office, or an office of the U.S. Department of State. Whether or not you can file your waiver while also present in the U.S. will depend on the grounds of your ineligibility. If you have previously lived illegally in the U.S. and this is the reason for your waiver application, you must depart the U.S. before filing your waiver.
Once you know whether or not you need to file the I-212 and where you should be applying, you are ready to file your form. The I-212 will require in-depth writing in English explaining your previous migration history and other personal information. The I-212 waiver has a filing fee currently at $585 U.S. dollars. Take care to send your filing fee to the correct office, in the correct amount to avoid delays in processing your application. Applicants filing with the USCIS office should pay to the U.S. Department of Homeland Security. Some applicants may be eligible for a fee waiver, so see if you qualify to avoid the filing fee.

You will be required to submit documents along with your waiver. If your application is pending and being reviewed, the person in charge of reviewing your waiver may look at additional information, both positive and negative, associated with your re-entry to the U.S. You should submit as much documentation as possible with your waiver to strengthen your case for admission to the U.S. Any documents written in a language other than English should include a full English translation in order to be reviewed. You should also take care not to submit your original documents and submit only copies. Make sure to keep your original personal documents because you may need them later. When filing the I-212, you are required to submit copies of your immigration history and records of any previous removals, departures, or deportations. This is required of all waiver applicants.

You should also submit documentation that strengthens and proves any claims about your positive moral character, good community standing, need for U.S. medical treatment or social services, or any close ties to the U.S. You must also submit documentation about negative qualities that may play a factor in your admission to the U.S. Having no major negative factors on your application will be reviewed positively. You can also aim to demonstrate that denying your admission to the U.S. would cause extreme hardship to you or your family. The grounds for claiming extreme hardship can be broad but there are guidelines you should look into. Records that can demonstrate these factors can include police or criminal records, medical records, school records, employment history, official state documents such as birth or marriage certificates and so on. You can also submit documentation that would show poor conditions to which you or your family would be returned if your application was denied.

Overall, you should pay close attention to the correct filing method for the waiver. Only correctly filed and completed forms will be reviewed and only properly submitted documentation will be included in your case. Failing to properly file your I-212 waiver or any other forms will result in a significant delay in your application’s processing time.

For more information and help with filing for a visa, contact immigration attorney Phillip Kim.

ByStaff

The I-212 Waiver: A Breakdown of the Waiver Application Process if You Have Been Previously Removed, Deported, or Living Undocumented

The I-212 Waiver can be used to let you re-enter the U.S. if you are currently ineligible to do so. Immigration law says that previous removals from the U.S., including at a port of entry, and unlawful living in the U.S. makes visa applicants ineligible to re-enter the U.S. and ineligible to re-apply for a new immigrant (permanent, resident) visa. The I-212 can be used to waive your ineligibility regardless of previous removal history or history of illegal presence in the U.S.

The I-212 should be filed at the same time or after any other forms necessary for your readmission. If you are applying for an immigrant visa, you should submit your waiver alongside your application for residence. If you are required to submit any other waivers for re-entry, you should file the I-212 at the same time and at the same office. Where you should file your forms will depend on the reason for your ineligibility and the type of visa you will be applying for. Make sure to check that you are applying with the correct office or department.

Possible application destinations could be a local office of the U.S. Consulate, an office of the U.S. Citizenship and Immigration Services (USCIS), the U.S. Border and Customs Patrol office, or an office of the U.S. Department of State. Whether or not you can file your waiver while also present in the U.S. will depend on the grounds of your ineligibility. If you have previously lived illegally in the U.S. and this is the reason for your waiver application, you must depart the U.S. before filing your waiver.
Once you know whether or not you need to file the I-212 and where you should be applying, you are ready to file your form.

The I-212 will require in-depth writing in English explaining your previous migration history and other personal information. The I-212 waiver has a filing fee currently at $585 U.S. dollars. Take care to send your filing fee to the correct office, in the correct amount to avoid delays in processing your application. Applicants filing with the USCIS office should pay to the U.S. Department of Homeland Security. Some applicants may be eligible for a fee waiver, so see if you qualify to avoid the filing fee.

You will be required to submit documents along with your waiver. If your application is pending and being reviewed, the person in charge of reviewing your waiver may look at additional information, both positive and negative, associated with your re-entry to the U.S. You should submit as much documentation as possible with your waiver to strengthen your case for admission to the U.S. Any documents written in a language other than English should include a full English translation in order to be reviewed. You should also take care not to submit your original documents and submit only copies. Make sure to keep your original personal documents because you may need them later. When filing the I-212, you are required to submit copies of your immigration history and records of any previous removals, departures, or deportations. This is required of all waiver applicants.

You should also submit documentation that strengthens and proves any claims about your positive moral character, good community standing, need for U.S. medical treatment or social services, or any close ties to the U.S. You must also submit documentation about negative qualities that may play a factor in your admission to the U.S. Having no major negative factors on your application will be reviewed positively. You can also aim to demonstrate that denying your admission to the U.S. would cause extreme hardship to you or your family. The grounds for claiming extreme hardship can be broad but there are guidelines you should look into.

Records that can demonstrate these factors can include police or criminal records, medical records, school records, employment history, official state documents such as birth or marriage certificates and so on. You can also submit documentation that would show poor conditions to which you or your family would be returned if your application was denied.

Overall, you should pay close attention to the correct filing method for the waiver. Only correctly filed and completed forms will be reviewed and only properly submitted documentation will be included in your case. Failing to properly file your I-212 waiver or any other forms will result in a significant delay in your application’s processing time.
For more information and help with filing for a visa, call immigration attorney Phillip Kim

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.

ByImmigration News

If the Republicans believed in families then the immigration laws wouldn’t be designed to break them apart, and why do the airlines not need customers to stay in business? – they must not since the airlines are gouging the public and not providing the safety measures to arrive with the plane intact –

U.S. relents in 11-year-old girl’s deportation case (CNN) — Eleven-year-old Ewelina Bledniak was looking at a year split from her parents, split from her friends, away from everything she loves about living in America. Ewelina Bledniak hopes to stay in the United States with her parents, Hubert and Agnieszka. The federal government was ready to deport Ewelina to her native Poland because when she was 3 years old, the family missed a deadline to file a key immi

ByPhillip Kim

Green Card Citizenship Lawyer in Fresno California Immigration Attorney

How to Find Immigration Information in Fresno, California – Green Card, Citizenship, Visas, Deportation Removal

Fresno has a field office of the USCIS. The field office is located at: 1177 Fulton Mall, Fresno, CA 93721, which is also its mailing address.

This office serves the counties of: Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Mono, Stanislaus, and Tulare. The Fresno field office also accepts immigration forms. If the instructions on the application tell you to file the form at a USCIS field office and you live within the service area above, you must file the form with the Fresno field office.

If you want to know the status of a case that is pending, you should first call customer service of the USCIS at 1-800-375-5283. If your case is outside of the normal processing time, as shown on the USCIS web site, a customer service representative will ask USCIS to research your case, and the USCIS will send you a letter with further information.

The Fresno law library is a good source of immigration information. The law library is located at: 1100 Van Ness, Room 600, Fresno, California 93721. It is on the sixth floor of the Fresno Superior Court. Its telephone # is: (559) 237-2227. The operation hours are: Monday – Friday, 8 a.m. – 5 p.m. The law library is open to the public and thus, you can read the books and periodicals in the library but are not allowed to check them out.

The USCIS website is a good source of information on immigration issues: www.uscis.gov.

Local lawyers’ websites could be a good source of information. Some of the websites have a section where you can find out the most recent immigration information. You can also email the attorney for questions and make an appointment online to have a consultation with the attorney.

Immigration Law Offices of Phillip Kim, Inc.
www.PhillipKimLaw.com
Call to directly speak with an Immigration Attorney:
(559)761-1040

ByImmigration News

In City of Lawyers, Many Immigrants Fighting Deportation Go It Alone (New York Times)

Robert A. Katzmann, a federal judge, has used the prestige of his office to push for lawyers to do more volunteer work in the immigration court system.