Tag Archive Immigration Lawyer

ByPhillip Kim

Immigration from Adoption Eligibility

There are certain procedures for permitting immigration through adoption. Before you decide to seek immigration through adoption, familiarize yourself with certain requirements. In order to be eligible to adopt, you must be a U.S. citizen, habitually reside in the U.S., seek legal agreement with your spouse (if applicable), and you must be 24 years of age or older.

If seeking adoption through the Hague Process, in order for a child to be classified as a Hague Convention Adoptee, the child must meet these criteria: be under 16 at time of filing, reside in a Convention Country, and determined eligible through Central Authority of that country and granted consent.

ByPhillip Kim

Activist Luis Gutierrez for Immigration Reform

Republican Luis Gutierrez transcends national Spanish TV to advocate for immigration reform. His influence is felt by the cheering crowds as he partakes in rallies.To read more about how Luis Gutierrez is advocating for immigration reform, read Ed O’Keefe’s article below:

Luis Gutierrez: Immigration reform activist and Spanish TV star

All summer long, Rep. Luis Gutierrez has been drawing sizable and enthusiastic crowds at immigration rallies nationwide. From California to Nevada to Florida, the congressman from Chicago is received like a rock star: People cheer when he enters the room; they pump their fists and stomp their feet. And when he’s finished speaking, they press forward to get close to him, tugging at his shirt and refusing to leave until he agrees to have his photo taken with them.

The contentious immigration reform debate in Washington has produced a steady stream of familiar faces — Sens. Marco Rubio (R-Fla.) and John McCain (R-Ariz.) or President Obama and House Speaker John A. Boehner (R-Ohio) — making familiar arguments. But among a huge segment of Latinos who get their news from Spanish-language media, Gutierrez (D-Ill.) is the face, the voice and the political force behind immigration reform, and has been for years.

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ByPhillip Kim

Reasons for Provisional Waiver Revocation

Effective March 4, 2013, some immigration visa applicants may apply for provisional unlawful presence waivers before leaving the U.S. These applicants should be immediate relatives of the U.S. citizen. Waiver application is available before the immigrant leaves for his or her U.S. embassy or consulate interview. This new process was designed to decrease the wait time for the U.S. citizen’s relatives to come back to the states when they are obtaining immigrant visas for permanent residency.

However, there are a few things to be aware of to prevent revocation of the provisional waiver. The waiver is revoked if the Department of State terminates the application, USCIS revokes the petition, the consular officer at the embassy determines inadmissibility, or you try to enter the U.S. without inspection before your visa is issued.

ByPhillip Kim

Mark Zuckerberg Supports Immigration Reform

Mark Zuckerberg, CEO of Facebook, joined other leaders to advocate for the passage of immigration reform. He stresses the imporatance of this bill for him and many other tech companies not only in Silicon Valley.

To read more about immigration reform, please read Carla Marinucci’s article below:

Zuckerberg Speaks Out for Immigration Reform

Facebook CEO Mark Zuckerberg took his first step on the national political stage Monday night when he joined publicly with tech leaders, civil rights activists and undocumented immigrants to call for a comprehensive overhaul of the nation’s immigration policies – an issue he said touches not just Silicon Valley but “the whole country.”

“This is something that we believe is really important for the future of our country – and for us to do what’s right,” the social media innovator told a crowd of several hundred at the Yerba Buena Center for the Arts in San Francisco.

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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

House Members Discuss Immigration Reform During August Recess

During the House’s summer recess in August, members will attend town hall meetings as well as hear the opinions of their constituents regarding the issue of immigration reform.

To read more about immigration reform, please read Dan Nowicki’s article below:

Immigration Reform Backers See Hopeful Signs in House

Despite the missed goals, uncertain timetable and at-times heated rhetoric in the Republican-led House of Representatives, immigration-reform supporters remain cautiously optimistic that a game plan is emerging that will have lawmakers voting on the legislation this year.

Action in the House is on hold until after Congress returns from its August recess on Sept. 9. But the five-week break, during which representatives will hold town hall meetings and otherwise gauge the feelings of their constituents, could go a long way toward determining the legislation’s fate.

Immigration-rights activists this month are planning to press their case with House lawmakers. Business, religious, law-enforcement and labor groups already have been lobbying aggressively for reform. Opponents of immigration reform — which many critics call “amnesty” for law-breaking immigrants — also are expected to make their voices heard, but the House’s inaction so far has provided little to galvanize them.

Click here to continue reading the article from USA Today.

ByPhillip Kim

Getting a Fiance(e) Visa

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

Mathematical Approach to Immigration Reform Predictions

Tom Wong, an assistance professor at UC San Diego who grew up being an illegal immigrant, formulates statistics to predict how many “yes” and “no” there will be from Congress regarding the immigration reform bill. To read more about his predictions, please read Cindy Chang’s article below:

Immigration Reform Predictions Are Mathematical and Personal

Tom Wong sat in the parking lot of a San Diego McDonald’s, scarfing a double cheeseburger and listening to the Senate’s roll-call vote on immigration as it live-streamed over his iPhone.

Landrieu, aye. Leahy, aye. Lee, no.

Just as he had predicted.

Finally, the 100th name: Wyden, aye. Relieved and smiling broadly, he called his wife with the good news. Not only had the bill passed, but his statistical models had worked nearly perfectly. He was right about all but a few senators.

As the immigration battle shifts to the House, word has spread among activists that Wong might be the Nate Silver of immigration reform — the go-to data geek with the crystal ball.

But Wong doesn’t just want to predict the future. He also wants to change it, by giving immigrant-rights advocates the statistical ammunition they need to influence lawmakers.

Click here to continue reading the article from LA Times.

ByPhillip Kim

Citizenship for Military Members and Their Families

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The U.S. military members are recognized for their sacrifices to the country; therefore, USCIS works towards helping undocumented military personnel and their family members obtain citizenship. Under the Immigration and Nationality Act (INA), certain members of the military and their families may have their application for citizenship expedited and processed overseas. Members of the U.S. military may also have their families petition for permanent residency status (obtain green card). If your spouse is deployed/ will be deployed or if you are a surviving spouse or children of a military personnel, you may have certain benefits from the naturalization process.

ByPhillip Kim

GOP Donors Press on for Immigration Reform

Top GOP donors are now pressuring the House to pass the immigration reform legislation and fix the broken system. To learn more about the updates of immigration reform and what GOP donors are doing to convince the House, please read Meghashyam Mali’s article below:

Top GOP Donors Press Lawmakers to Act on Immigration Reform

More than 100 top Republican donors and fundraisers are pressing GOP lawmakers to act on immigration reform, according to a report from The New York Times.
The donors sent a letter to Republican lawmakers on Tuesday urging them to “take action to fix our broken immigration system.”

Among the prominent signatories are Karl Rove, a former adviser to President George W. Bush and a top GOP strategist, and former Vice President Dan Quayle.
The letter calls for measures to “secure our borders,” a system for U.S. companies to “hire the workers they need while making it impossible to hire workers here illegally,” and a “path to legal status for undocumented immigrants.”

The effort was organized by former Commerce Secretary Carlos Gutierrez, who served in the George W. Bush’s administration and is the founder of the group Republicans for Immigration Reform.
Gutierrez told the Times that the group would lobby GOP lawmakers over the August recess.

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