Tag Archive Immigration Lawyer

ByPhillip Kim

Immigration Through Adoption

Immigration through adoption is the act of adopting a child who is born in a country different from the adoptive parent. This may also be referred to as intercountry adoption. For children being adopted by U.S. citizens, there are two main processes for immigration through adoption, and the individual to be adopted may immigrate if he or she meets all the requirements of one of these processes: The Hague Process or the Orphan Process.

Step for the Hague Process: the child lives in a country that is a party to the Hague Intercountry Adoption Convention
1. Choose a Hague Accredited ASP (and perhaps also an immigration attorney).
2. Obtain a home study from someone authorized to complete a Hague adoption home study.
3. Apply to USCIS before adopting a child or accepting a placement for a determination that one is suitable for intercountry adoption.
4. Once USCIS approves the application, work with the adoption service provider to obtain a proposed adoption placement.
5. File a “petition” with USCIS, before adopting the child, to have the child to be found eligible to immigrate to the United States based on the proposed adoption.
6. Adopt the child, or obtain custody of the child in order to adopt the child in the United States.
7. Obtain an immigrant visa for the child.
8. Bring the child to the United States for admission with the visa

For the Orphan Process: (non-Hague) if the Hague Intercountry Adoption Convention does not apply
1. You must file an orphan petition before the child’s 16th birthday, or before the child’s 18th birthday if the child is a birth sibling of another child whom you have also adopted
2. Confirm that the child is an orphan as defined in the U.S. immigration law
3. Verify that you have obtained a valid adoption or grant of custody
4. Determine whether the child has any special needs that were not fully addressed in your home study
5. Determine whether there are any facts showing that the child does not qualify for immigration as your adopted child
There is an additional process for U.S. citizens or permanent residents to petition for an adoptive child through an Immediate Relative Petition.

ByPhillip Kim

Cecilia Muñoz Behind Obama’s Immigration Reform

Cecilia Munoz has been behind the efforts of Obama’s immigration reform since the early beginning. Activists now question whether she can move bipartisan legislation to approve immigration reform.

To read more about immigration reform, please read Eleanor Clift’s article below:

Cecilia Munoz, Quarterback of Obama’s Immigration Reform Efforts

Her friends wondered why she didn’t quit when President Obama failed to push immigration reform in his first term, and now they’re wondering if Cecilia Muñoz, the president’s point person on immigration, has the political muscle to move bipartisan legislation to fix the broken system across a finish line blocked by House Republicans. An activist with the National Council of La Raza before joining the White House in 2009, Muñoz, who turns 51 on Saturday, got roughed up pretty badly in her community when she defended Obama’s crackdown on illegal immigrants, which resulted in a record number of deportations. Her friends are convinced she wouldn’t have signed on for a second term unless she had Obama’s unqualified backing and commitment.

Click here to continue reading the article.

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

Latinos Take Action for Immigration Reform: Will You Join?

As the House continues to debate over the issue of immigration reform, the Latino community is rallying to take action and have their voices heard.

To learn more about the updates of immigration reform and how the Latino community is advocating for undocumented immigrants, please read Bary Alyssa Johnson’s article below:

Immigration Reform News 2013: Latino Community Uniting to Fight House Over Immigration Reform

The National Council of La Raza (NCLR), the largest national Hispanic civil rights advocacy organization in the U.S., is hosting its annual conference this week, and a key topic being addressed shouldn’t be surprising: immigration reform.

Over 5,000 Latinos from all across the country have gathered together to unite in the fight for immigration reform, vowing to use their increasing political clout to push the House of Representatives to vote in favor of the comprehensive Senate reform bill, according to NCLR.

A town hall held this week at the conference focused on the moral, economic and political imperatives for winning reform. The discussion was headlined by Rep. Luis Gutiérrez, D-Ill., and brought together experts, advocates and political strategists to make the case for reform and to discuss the efforts underway to get Congress to deliver tangible solutions.

Click here to continue reading the article.

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

Same Sex Couples May Receive Immigration Benefits

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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.

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.