Tag Archive immigration attorney

ByPhillip Kim

Facing Deportation and Removal—What You Can Do

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

How to Get a Fiance(e) Visa

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The fiancé(e) visa, also known as the K-1 nonimmigrant visa) allows your fiancé(e) to enter the U.S. for 90 days to get married. Once your marriage takes place, your spouse may apply for permanent residence and stay in the U.S. while USCIS processes the application.

To be eligible, you (the petitioner) must be a U.S. citizen, you must marry your fiancé(e) within 90 days of entry, any previous marriages must have been legally terminated, and you must have met your spouse at least once within 2 years of filing your petition (with exceptions).

If your fiancé(e) has a child under 21 and unmarried, a K-2 nonimmigrant visa may also be available. After admission of your fiancé(e), he or she may immediately apply for permission to work by filing an application for employment.

ByPhillip Kim

How to Become a U.S. Citizen

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You can become a citizen of the U.S. after having your green card through the naturalization process. There are some usual eligible paths to citizenship: live in the U.S. for 5 years, be the spouse of a U.S. citizen, be in the military or have a family member in the military, or have citizen parents. If you are already living in the U.S., you must have a green card before applying for citizenship. After filing for citizenship, you will need to take the naturalization test, which will include speaking, reading, and writing in English.

To apply independently to be a naturalized citizen, you should be over 18 and have been living in the U.S. with a green card for at least 5 years. For these 5 years you should have been living continuously in the U.S. to be eligible.

To apply to be a naturalized citizen as the spouse of a current U.S. citizen, you need to have a green card for at least 3 years while living with your spouse. If your spouse is working outside the U.S. but is a citizen, you can still file for citizenship as the spouse of a citizen.

Children of U.S. citizens are eligible for citizenship if they meet the requirements. For the purposes of the citizenship process, a child is anyone 18 years old or younger and who is not married. If you are the child of a U.S. citizen and are already living in the U.S., you can automatically get citizenship if at least one parent has citizenship, you are 18 years old or younger, and you are still in your parents’ custody.

If at least one of your parents is a citizen and you are under 18 but living outside the U.S., you are also eligible for citizenship. To be able to apply for citizenship as a child of a citizen living outside the U.S., at least one of your parents has to have been a citizen for at least 5 years. Also, you must have entered the country legally to be eligible to apply for citizenship as the child of a citizen. To enter legally, seek help with filing for a green card or visa.

Some military members, veterans, and their families can apply for citizenship. There are different paths to citizenship based on when your time served happened, separated into peacetime and wartime. If you are eligible to apply for citizenship, you can then file for citizenship as a military member, which includes veterans. Spouses and children of military members can also apply for citizenship if their family member is already a citizen. This process can also be done for families living overseas with active military members.

ByPhillip Kim

Same Sex Couples May Receive Immigration Benefits

Same Sex Couples may apply for immigration benefits equally as heterosexual couples.

Read our former clients’ success stories by clicking on the “Testimonials” link above.

This is the right time to file immigration visa petitions for your same sex spouses.
USCIS will adjudicate visa petitions filed by same sex spouses the way they adjudicate heterosexual spouses’ visa petitions.

Please call (559) 448-8500 to have a consultation with an experienced immigration attorney.
Immigration Attorney Phillip Kim is experienced with a variety of immigration issues including same sex marriages.

It is expected that a lot of visa petitions will be filed by same sex couples including gay couples and lesbian couples for the next few months.

Secretary of Homeland Security Janet Napolitano addresses that the Supreme Court will ensure implementation of the ruling on the Defense of Marriage Act (DOMA), which grants same-sex couples equality of legal benefits.

President Obama has taken measures to eliminate discrimination so that same-sex couples receive the same consideration as opposite-sex couples when filing for a visa petition.

This change is effective immediately for the U.S. Citizenship and Immigration Services to follow. Couples are eligible to apply even if they currently live in a state that does not allow same-sex marriages, in which case, USCIS will consider the law of the state of residence in addition to the law of the state of celebration of the marriage.

Call Today (559) 448-8500 to consult with an experienced Immigration Attorney !!!
Our attorneys have a 99% approval rate on all of our immigration cases.

ByPhillip Kim

Naturalization Test: What Happens After

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So you’ve applied for naturalization, gone to the interview, and passed all exams and requirements. What happens after? After the USCIS approves your naturalization, you will be required to attend a naturalization ceremony and take the Oath of Allegiance at your scheduled time and location.

At the ceremony, you will be required to return your permanent resident card at check-in. You will then be directed to take the Oath of Allegiance and be given your Certificate of Naturalization. Make sure all the information on the certificate is accurate before leaving the ceremony.

Now that you are a U.S. citizen, you are advised to apply for a United States passport immediately. This is because a passport is an official proof of your citizenship in the United States. You should also update your Social Security information 10 days after your naturalization ceremony.

ByPhillip Kim

Immigration Reform Gets Delayed

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It appears that the passage of President Obama’s new immigration reform bill will be delayed once again. The president wanted the decision to be made in August, but House Republicans have not yet reached an agreement regarding their piecemeal approach. President Obama agrees that America needs to make a decision on the immigration issue once and for all—we cannot afford putting it off again.

The immigration reform bill was designed to strengthen border security, provide a pathway for citizenship, expand programs for skilled workers, and set up guest worker permits. Republicans, however, are hesitant on the part of the bill that includes citizenship for the 11 million undocumented citizens. Instead, they want to focus on the Dream Act for legalization of those who were brought into the United States illegally as children. The chances of reaching an agreement by the August deadline are slim, but Republicans will have to come to an agreement sooner or later.

ByPhillip Kim

Tips for Passing the Naturalization Test

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Part of the process of becoming a U.S. citizen is passing the naturalization test which will be administered at your naturalization interview. You will be tested on the components English and Civics, although you may be eligible for an exemption or waiver. Be prepared to answer questions about your background and know your application front to back.

At your interview, you will be asked 10 questions out of the prepared list of 100 questions in English, and you must be able to answer six out of the 10 correctly to pass the civics portion of the test. You may be qualified to take the civics test in the language of your choice if you meet specific requirements.

The English part of the test incorporates reading, writing, and speaking. You must be able to write one out of the three sentences correctly, and the USCIS will determine your English proficiency based on your applications.

Repetition, interaction, and practice are keys to performing well on Civics and English. You will be given two chances to take the naturalization test and must be retested within 60 – 90 days of your first examination. To ensure success, it is important to familiarize yourself with the test and prepare with a qualified immigration attorney.

ByPhillip Kim

Obama to Appear on Spanish TV for Immigration Reform

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There are four television interviews scheduled for Spanish television networks this week by President Obama to discuss the matters of immigration reform. He will be using the Spanish network as a platform to stress the importance of passing the immigration reform bill by discussing its benefits to our nation’s economy.

The Congressional Budget Office and President Obama agree that the immigration reform bill will help reduce the nation’s deficits and improve the economy. By appearing on Spanish television, he hopes to gain support of the Hispanic population and push Republicans to come on board as well. Republican John McCain defends Obama and says he believes the president would be willing to work with Republicans to reach a compromise.

ByPhillip Kim

Immigration Reform 2013 Faces Challenges in House

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With the passage of the new immigration reform bill in the Senate, the challenge now is whether or not it will pass in the House because Republicans hold the majority in the House and they are opposed to the new bill. Some say Republicans may not approve it because the bill does not strengthen border security and rewards undocumented immigrants by granting citizenship.

Republicans also favor the piecemeal approach rather than the holistic idea. The House bill was planned to be released in June, but now is expected to be released sometime during this month. On July 10, the House Republican Conference will meet up in the Capitol basement to discuss the immigration reform bill.

ByPhillip Kim

Immigration Reform 2013: Piecemeal Proposal

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House Speaker John Boehner rejects introducing the Senate’s immigration reform bill for debate on the House floor. He justifies by stating that the majority of GOP House members would not vote to allow 11 million undocumented people get citizenship. Instead, GOP members propose single-issue, “piecemeal” bills which reflect conservative ideals.

Democrats oppose this “piecemeal” idea on immigration because it is insufficient for illegal immigrants seeking legalization. However, Democratic House members see it as the only way for the Senate to even consider the bill in the House.

House Republicans drafted three immigration bills that are opposed by Democrats: Strengthen and Fortify Enforcement Act, Legal Workforce Act, and Agricultural Guestworker Act. The Strengthen and Fortify Enforcement Act allow law enforcement to crack down on illegal immigration. The Legal Workforce Act requires employers to use E-Verify within two years to verify the work eligibility status of employees. The Agricultural Guestworker Act creates a farm work program for foreign labor but does not include worker protection.