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When Confronted with Criminal Charges, Obtaining an Experienced Law Firm May Protect Your Future –
Sad to say at times men and women execute terrible decisions which have the possibility to alter the rest of their lives. There are no unimportant criminal activity.
Criminal wrong-doing generates a everlasting record in the view of the court and will keep goals from coming true and alter exactly what may have been a vibrant future.
Probably these people got caught up with the incorrect audience.
Probably it turned out a first time criminal offense that could follow them for years.
It doesn’t actually matter what sort of man or women got in danger, the crucial issue will be to identify a criminal defense attorney that can help weave the way through what could be a difficult criminal justice system.
As soon as an individual is in lawful difficulty it is vital that you secure the most effective in interpretation.
This is simply not the moment to engage a newbie law firm.
This is when one needs the top to work hard with regard to the law or even a second likelihood.
It should not make a difference exactly how challenging the situation is, every effort should be made by a superb legal professional to secure honest legal representation – together with a trial if that’s the case deemed required.
An attorney for example perform exactly this particular.
People who are offender of possibly even severe criminal offenses should have to have interpretation from someone who will not likely pass judgment.
They worthy and fair and just safeguard
Regrettably sometimes men and women execute bad decisions that have the potential to impact the just about all their lives.
There are no trivial crimes.
Felony wrong-doing generates a lasting record in the sight of the court and may keep dreams from coming true and change what might have been a bright future.
Perhaps these guys got caught up with the wrong bunch. Probably it actually was a first-time offense which could go along with them for decades.
It won’t actually matter what sort of person got in a bad position, the crucial point will be to find a criminal defense attorney who are able to help weave the way through what could be a hard criminal justice system.
When an individual is actually in genuine difficulty it’s imperative that you secure the top in interpretation.
This is simply not the period to hire an unskilled lawyer.
This is where you have the top to fight regarding rights or possibly a second chance.
It shouldn’t make any difference just how hard the situation is, each effort must be produced by an excellent legal professional to get fair representation – including a trial if that’s looked at as necessary.
A lawyer such as can perform specifically this.
People who are offender of in fact crazy crimes are worthy of to have legal representation from someone who is not going to pass judgment.
They getting and fair and just safeguard.
Motion to Reopen with the BIA –
Get FREE Advices about Motion to Reopen with the BIA HERE
You can file a Motion to Reopen (MTR) for an immigration application to the Board of Immigration Appeals (BIA) to reconsider cases that have closed.
The process begins by making a request to the Immigration Judge, and present any undiscovered or developments that had not been previously included in the first round.
All motions to reopen must be done within 90 days to halt removal proceedings.
Note that there are some exceptions to this deadline, such as in cases where the individual is seeking asylum. Be sure to ask a New Jersey immigration attorney for advice about your particular situation.
Motion to Reopen with the BIA. CALL NOW! 973.814.4408.
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Can a Federal Immigration Court revoke Green Card status?
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Can I appeal a deportation order? Reopening Criminal Cases. –
GUIDE TO REOPEN CRIMINAL CASES FOR INEFFECTIVE ASSISTANCE OF COUNSEL
Can I appeal a deportation order?
In the U.S. illegal immigrants and Green Card holders may be deported if the commit certain crimes involving moral turpitude or certain aggravated felonies. Most immigrants are misguided during their criminal proceedings, and that is why the U.S. Supreme Court held that every immigrant has a right to know the immigration consequences of a criminal conviction by a qualified immigration law attorney.
The BIA reviews decisions by immigration judges and has appellate jurisdiction over family-based immigrant petitions under INA 204 (a) as well as orders of removal and applications for relief from removal, and motions for reopening and reconsideration of decisions previously rendered. BIA may affirm, reverse, or remand the decision of an Immigration Judge. However, BIA decisions are the final administrative action in a given case.
As a matter of fact, in most cases if the BIA affirms the lower court’s decision, then you can still appeal in the U.S. Court of Appeals (U.S. Circuit Courts). U.S. Court of Appeals are the intermediate appeal courts of the United States federal Court System.
Sometimes a motion to reopen to the BIA may seem a better solution, but appealing to the U.S. Court of Appeals may be the best solution.
A Court of Appeals takes decisions upon appeals from the District Courts within its federal judicial circuit, and in some cases from other federal courts or administrative agencies.
U.S Courts of Appeal have 179 judges authorized by Congress and Article III of the U.S. Constitution and nominated by the President of the United States.
There currently are thirteen Courts of Appeals for the Federal Circuit, considered among the most powerful and influential courts in the United States and the final word on most federal cases. Federal Circuit has nationwide jurisdiction over certain appeals based on their subject matter.
Finally there are eleven District Court Circuits, well geographically defined.
The United States Courts of Appeals have strong policy influence on U.S. immigration and criminal law, setting legal track records in regions with millions of inhabitants.
Some immigrants resort to fraud as a mean to obtain immigration benefits.
However, marriage fraud is a serious immigration violation with long-lasting consequences.
To apply for a Green Card through marriage, you must show that you are legally married and have obtained a valid marriage certificate.
You must put together all your documents showing bona fide marriage, including attachments like:
• lease or mortgage contracts showing joint occupancy or ownership;
• birth certificates of children;
• joint financial records like: joint bank accounts, tax returns, loans, or insurance.
Deportation Lawyer NYC. Waiver Attorney. Deportation Waiver NJ & NYC. Call us (973) 814-4408
What is Voluntary Departure? –
Guide HERE to Voluntary Departure in the US
Most people refer to the process of obtaining permanent residency status for immigration purposes as “getting a green card”.
The green card is a card that is issued as proof that U.S. Citizenship and Immigration Services (USCIS) has granted its approval for you to be in the United States as a permanent resident.
Once you have been issued a green card, or a permanent residency status, you can freely live and work in the U.S.
If you are a green card holder, you should keep in mind that your “LPR” represent your legal status in the United States; as long as you comply with the terms and responsibilities of your status and renew your green card on a regular basis, you are considerate a lawful resident.
If you do not comply with the U.S. regulations, if you have been committed for a crime, and so forth, you could be removed from the country and be in need of a lawyer.
Voluntary departure is a form of removal viewed as an extreme option because it does not allow an alien to remain in the United States. Through a voluntary departure an alien can avoid the consequences of a formal removal order, which as opposed to the former, includes fines and temporary or permanent bars to re-admission in the United States.
If an alien was in the U.S. unlawfully, he or she may still be barred from re-entry for a number of years, even though the departure was voluntary.
If you have been granted voluntary departure, you must leave the U.S. within a period specified by an immigration judge. In same cases, there is a bond of at least $500 to ensure that the alien leaves during the assigned period.
Moreover, if voluntary departure is granted before the competition of removal proceedings, an alien must depart within 120 days. Instead, if the departure is granted at the end of removal proceedings, an alien must depart within 60 days.
A non-citizen who fails to departure the U.S. within the time specified in the voluntary departure order becomes subject to civil penalties. A civil monetary penalty may range between $1000 and $5000.
Another consequence if you fail to depart the U.S. on time has to do with your chances of obtaining future U.S. immigration status.
You will face an automatic ten-year bar from being granted cancellation of removal, adjustment of status, change of status, registry, and further voluntary departure.
The ten-year bar is probably the most severe consequence to failing to depart under a voluntary departure order.
If a non-citizen fails to voluntarily depart, the voluntarily departure order becomes an order to removal.
Aliens should only apply for an order of voluntary departure if they really intend to and are able to timely depart and satisfy any other conditions imposed.
IMMIGRATION CONSEQUENCES OF A CRIMINAL CONVICTION –
UNDERSTANDING THE IMMIGRATION CONSEQUENCES OF A CRIMINAL CONVICTION HERE
The term conviction means that a court has entered a formal judgment of guilt in your case. If a formal judgment has not yet been entered, you may still be “convicted” if:
– A judge or a jury has found you guilty, you have entered a plea of guilty or nolo contendere,
– or you have admitted sufficient facts to warrant a finding of guilt, and
– The judge has ordered some form of punishment, penalty, fine, community service, or
– restraint on your liberty to be imposed.
Basically, if you were found guilty or you admitted sufficient facts of your guilt and you somehow have been punished for your actions, you probably have a conviction for the purposes of your immigration court proceedings.
In 1996, the definition of conviction changed and the courts have been determining which criminal convictions have immigration consequences.
Some convictions are no longer considered convictions in criminal court but are still considered convictions for the purposes of removal proceedings. For instance, the following are considered convictions for immigration purposes:
– “Deferred adjudications” are convictions that are given in “specialized courts” (such as drug courts and domestic violence courts) whereby a judge accepts the defendant’s plea and orders treatment. Upon completion of this treatment, the judge vacates or reduces the defendant’s original plea. Therefore, the conviction is vacated or reduced for criminal purposes. However, the initial plea combined with the judge’s order to attend a program is still considered a conviction for immigration purposes;
– The Second Circuit has held that an expungement of a non-drug offense may be a conviction for immigration purposes.
– Convictions that are vacated for reasons solely related to rehabilitation or immigration hardships, rather than because of procedural or substantive defects in the underlying criminal proceedings, may still be considered convictions for immigration purposes.
On the other hand, the following are not considered convictions for the purpose of removal proceedings:
– Youthful offender adjudications (as defined by Federal law);
– A conviction that a trial or appeals court vacates because it was legally defective, and
– A disorderly conduct violation.
If you are not a U.S. citizen, a criminal conviction can result in deportation, denial of citizenship, and denial of re-entry into the U.S. A criminal defense attorney can help you fight the charges and maintain your immigration status.
Criminal defense attorney in New Jersey – Criminal Immigration Lawyer. Call us (973) 814-4408
Immigration Bond Lawyer. Immigration bond refund Help –
Guide to Get Immigration Bond Money Back HERE
IMMIGRATION BOND LAWYER
If you of a family member have been arrested by the immigration police (ICE, Immigration & Customs Enforcement), it is crucial to hire an experienced New York Immigration Attorney experienced with deportation cases.
When I have a client detained by the immigration authorities, I always make sure that a motion for a bond is filed with the immigration court within the first 48 hours of being retained.
AS an immigration lawyer, my first priority is to secure release from custody of my clients.
Call 212.235.1525
How to Get Immigration Bond Money Back
The person who posted bond to get an alien out of detention can get the bond amount returned once the immigration case is completely resolved.
But, knowing the person posting the bond is entitled to get the bond returned is not the same as knowing how to get the immigration bond back.
The outcome of the case, whether the alien is granted relief by the immigration judge and can stay in the United States or alternatively has been removed from the country does not matter in order to get the bond money back. In either case, the a decision has been made on the alien’s case and the alien no longer needs to attend an immigration court hearing.
The condition for a refund for immigration bonds is that the alien has attended all scheduled immigration court hearings and notified U.S. Immigration and Customs Enforcement, “ICE “, of any change of address. If the alien failed to do so, the bond money is forfeited and kept by the government.
Immigration bond refund form PDF.
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How do I change venue from the Buffalo immigration Court? –
More information about Change of Venue HERE.
The Buffalo immigration court is located at 130 Delaware Avenue, in Buffalo, New York, and it is presided by immigration judge Philip Montante.
For some inexplicable reason, judge Montante will give you an extremely hard time when it comes to motions for a change of venue.
Of course, not everyone will let him get away with abuse of discretion, and in September 2013 a legal aid successfully filed an appeal in the U.S. Court of Appeals for the Second Circuit, challenging the denial of a motion for a change of venue by judge Montante. The case is Ngassaki v. Holder.
The criteria for a motion for a change of venue were explained by the Board of Immigration Appeals in Matter of Rahman, Interim Decision 3174 (BIA 1992): relevant factors include administrative convenience, expeditious treatment of the case, location of witnesses, and cost of transporting witnesses or evidence to a new location.
The same determination was made by the Second Circuit in Lovell v. I.N.S., 52 F.3d 458, 460 (2d Cir. 1995).
Moreover, an Immigration Court has a duty to facilitate the testimony of witnesses. Failure to do so it is a certain ground for an appeal.
In Monter v. Gonzales, 430 F.3d 546 (2d Cir. 2005), the Court held that the location of the respondent’s witnesses is central when it comes to rule on a motion for a change of venue. In Monter, the Court explained that the respondent and the witnesses were residing much closer to New York City than Buffalo, and that the Hon. Montante had a duty to facilitate their testimony. In sum, the denial of the motion for a change of venue affected the overall fairness of the proceeding, and therefore was prejudicial.
Finally, it is important to remember that “the place where an applicant happens to attempt to enter the United States, in and of itself, may have little, if any, significance to the question of where venue should lie in an exclusion proceeding” See Matter of Rahman, Interim Decision 3174 (BIA 1992).
In sum, when dealing with the Buffalo Immigration Court, try to apply this cases to the specific facts of your case so that it will be more difficult for judge Montante to deny your motion for a change of venue.
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Buffalo New York part of the reason why I myself come from a family of immigrants and I understand how it is to live and work in the United States a lot of people cross the border to Canada come back to the United States united States possible.
Understand the immigration process and what happens in Immigration Court going to a removal Hearing in Immigration Court when you or someone you know received a notice to appear at Immigration Court you may have questions about what it means and what will happen
this will help answer these questions including what Immigration Court is and what will happen at the hearing and why it is so important to attend before we begin please know that immigration cases are very complex even though you are an Immigration Court you may have options to stay in the United States
if possible seek the help of a skilled immigration lawyer or representative accredited by the Immigration Court
what happens in Immigration Court if you have to go to Immigration Court it means immigration has placed you in removal proceedings or the proceedings at Immigration Court you will see many of the same people you see in other courts there are Judges lawyers clerks security guards and other people waiting for their cases to be called the government will explain to the immigration judge why it thinks you should be deported you have the chance to tell the judge why you think the government is wrong the judge then decides whether you must leave the United States you will likely have more than one hearing before your case is over how do I know I have to go to Immigration Court you need to go to Immigration Court
I am an
immigration lawyer here in Buffalo New
York part of the reason I became an
immigration lawyers because i myself
come from a family of immigrants and I
understand how important it is to retain
your right to live and work in the
United States a lot of people recently
are being put into removal proceedings
which is another word for deportation
proceeding East on criminal convictions
that they may have had in their past
sometimes years ago of people
will cross the border to Canada come
back to the United States and get picked
up by immigration and customs
enforcement on not on the basis of one
of these old criminal charges
other people will be here in the United
States and we can leave the country but
all of a sudden they’ll somehow come on
the radar and get charged with being a
portable under section of the
immigration and nationality act so more
and more people these days who are
non-citizens of with or without their
green card in this country are being put
into removal proceedings and are facing
the very real risk of losing their
livelihoods losing their families and
being sent back to a country where
sometimes they have no ties it will have
relatives it will have work
are they not even speak the language in
that country so my job which I think
very seriously as an immigration lawyer
is to pursue every possible legal
strategy that I can fight for your right
to stay in the United States call me at
I will work with you gotta
be that you can afford to pursue every
possible of form of relief that you
cannot ask for in immigration court
whether it be asylum withholding of
removal cancellation of removal if
you’re eligible for it
well prosecutorial discretion there’s
many different forms of relief out there
but you need to be represented by a
knowledgeable and skilled immigration
lawyer
in order to assert your rights most
immigration lawyers charge very high
fees that are not willing to work with
you are a lot of them focus their
practices more on business immigration
and getting visas and things like that
uh my while I can handle any area of
immigration law my practice focuses
mostly on the rotation defense because I
feel it’s an underserved area of law
where the consequences are often a lot
worse than criminal sanctions would be
in a criminal court but you don’t have
the right to be represented by a lawyer
if you can’t afford it so the vast
majority of respondents in removal
proceedings go without counsel and even
where they might have had a very valid
clean to a form of relief when they
could have seen in this country there
are getting deported they’re losing
their livelihood and sometimes their
families here in the united states are
suffering immensely as a result so I’m
here to help you please call me again
i can represent people
primarily in the Buffalo New York and
Batavia New York immigration courts but
i will travel throughout the northeast
and mid-atlantic regions of the United
States and i am able to practice
immigration law being federal law
nationwide so give me a call we’ll talk
about your problem and we will find the
strategy to help you see in this country
thinking
I nice welcome to another video blog I it’s been a while since I last %ah
posted a video blog I hope by everyone
missed us I deathly mister miss you guys
matter fact last summer at your blog thinkers very much still don’t like the
time now we’re in the middle
Jim so look back on today I’m here to talk about I
immigration court in particular immigration court did not new york city
how to get there lady do want you there I
know if you there well fasulo you know if you dare
if you’re sitting in for immigration judge but procedurally as far as
documents a concern
if you receive something in the mail art desk all the notice to appear
debt is usually way immigration court proceedings are commenced at slim bridge
work begins so what do you do when you get those papers
well I first thing you should do is run very quick K
don’t run get yourself okay images of
ready you going to be in five an immigration judge
you gonna have to put your best foot fault can you do that by yourself
it really depends on on everyone’s particular case
in my opinion immigration quotas complicated it now
debt they are you know some attorneys I E
could lead to some guidance on how to practice in front of an immigration
judge
but I’ll you know for you to try to undertake their representation by
yourself I may be a bit too difficult
there’s a lot of procedure a lot lot lot related issues that you should be
once you have an attorney okay
are we have to kinda think about how you got it you could have gotten here one of
several ways
thought maybe you had a marriage case that was denied
served with a notice to appear it’s possible that your father asylum
application
and yes I am of is referring to a case that immigration court why you couldn’t
overstate your visa and immigration now ths could have arrested you
and circulated notice to appear so there are several subtle difference
but you need to be. II cognizant of
is the fact that once you there this is really that time that you have to put
your best Lee
followers you have to be ready to proceed with your case
you have to have someone you’re calling its going to fight for your rights
have to use every legal at you that’s available
to apply for different types of applications it
saw you may perhaps want to renew a green card application perhaps you wanna
continue asylum application in front of the immigration judge
all as possible that’s all you’re about to get married now you aren’t married
before
well you may have been married to someone else’s marriage didn’t work out
now you’re about to be married to someone else
what every the case may be you really need somebody
to argue the case I in front of the immigration judge
and that doesn’t mean that you could just sit back and let you are
yeah I attorney do all the work for you it doesn’t really work that way
we need to help move our clients you know this is kinda intertwined
relationship we need to get to know one another
on a very personal level I myself need to know every aspect of your life I need
to know how you conduct yourself what you’ve been doing
what type of work what family members site here well what happened to you
if you go back to your country how long have you been in the United States said
you adjusted to this way of life
make you fat children born in the United States on
maybe you’ve been here since you’re seventy-years-old that you didn’t come
here
on the any decision that you play any part of me your parents track you get
when you seven years old and
guess what now after spend your elementary school education a junior
high school high school and perhaps even college
are your face with deportation doesn’t make any sense unflinchingly
the law is are sometimes very cool so in that sense you really mean it turned to
advocate on your behalf
and I he should choose an attorney wisely should do you independent
research
money should never be a fact that this is not the time to go shopping
for the cheapest attorney very bad mistake a sure you
I you will get what you pay for and that’s not to say that
attorney that don’t charge that much world represent you less effective
that’s not what I’m saying at all
but i’m saying is there are many factors that you should consider when deciding
which in turn to choose
price should never be the only factor well its high or low whatever the case
may be
you know as with anything else you get second opinions you should see
a few attorneys issue you feel most comfortable with at that point you know
comfortable with a person you know that person will appear on your behalf
you know that personal advocate on your behalf and if all goes well hopefully
you’ll be able to remain in the United States
and be on the road to of perhaps getting a green card and out before chin up down
many fines asked what they should expect
when they go to their first immigration
court hearing some people are
apprehensive they’re concerned that they
might be ordered deported and arrested
handcuffed at the hearing and taken away
and deported but that’s just not what
happens what normally happens that the
first immigration hearing is you arrive
at the courtroom you would typically
notice dozens of other people all
scheduled for hearings at the same time
as you
now this may vary in different parts of
the country so i’m just going to give
the general idea of what happens in most
courts that I’ve been to so you arrive
at the court and if you’re represented
by a lawyer typically the lawyer will
sign in when they get there and the
judge will call all the cases first
based on who’s represented by a lawyer
if you’re not represented by a lawyer
that usually you’ll be sitting there for
an hour or two
longer if you’re represented by an
attorney the attorney when the case is
called the attorney will go with you in
front of the judge will normally be
sitting at a table and the purpose of
that first hearing is for the judge to
find out what the case is about whether
you admit the charges against you in
most cases at this first hearing the
lawyer will say that the charges are all
admitted in the client consents to the
deportation charge and then the judge
will then go and say that I find you
deportable the judge will ask what
country you would like to be deported to
if they ever have to actually support
you provide the name of that country are
normally the Lord will say your home
country then the judge will ask the
attorney what relief is the client want
to apply for my relief that means
on what basis can the judge allow you to
live legally in the United States so the
first part of the hearing the judge
establishes that the charges are correct
and then you agree with those charges
and then wants to judge establishes that
the judge then goes on to what is the
relief asking your attorney
what’s the game plan how do you plan to
pursue
this case once the lawyer explains that
the judge will then provide some
deadlines perhaps the file applications
and the judge will also reset the case
for another hearing date or perhaps for
a trial pending on where you are in the
country and some cities that reset of
the hearing will be three years from now
in places like Houston or miami that
reset will typically be in about a year
for the trial of the case so that’s what
happens at the first hearing you go in
there the attorney response to the judge
it takes five to ten minutes and then
the judge will reset the hearing for
another date and that’s basically it so
you’re in and out rather quickly if you
don’t speak English the court will
provide an interpreter and at the very
end of the hearing the judge will reduce
of warnings basically telling you need
to make sure you come
the next hearing if you don’t show up at
the next year you can be ordered
deported and that’s basically what
happens so it’s generally nothing to
fear and then the bottom line is that
the judge will be resetting the case
typically for another date another
alternative that i will mention is what
if you go into the hearing without a
lawyer
that’s also ok and in many situations
like that you can just ask the judge to
reset the case so you have additional
time to find a lawyer and many
individuals will do that as well fact
some of them do it more than once i
don’t recommend that because the judge
takes note of it and many times the
judge will not reset it over and over
again to find a warrior but certainly on
the first time general normally we set
ello and welcome to the
immigration corn my name is Michael crappy and the judge in charge of the
United States immigration court it’s normal to flow a bit nervous about
something new you might be wondering what is the immigration court who will
be there and what will happen so please relax and play close attention to the
video because it will help you and thank you for watching
yeah
hi I’m shooting I’m a leak and I met you and this is an immigration court room
was a little scared the first time I went to court I was really scared
not me ok so i was a little members but that’s because I didn’t always gonna
happen
I thought I show up and everything will be decided that’s not what happened is
it that’s why we’re here today we’re going to explain what going to
immigration court is gonna be like right we’re gonna say who’s the courtroom and
what their jobs i but first we should start by showing you the courtroom
itself where we are right now this is like the audience of a concert or a
movie theater
this is where you’ll sit as you wait for your case to be called when your case is
called you’ll go and sit at this table with your lawyer you should always have
a lawyer to help you
the interpreter might sit with you but we’ll always sitting at you
this is called the bench and that’s where the judge suits
it’s a big desk that’s a little higher up than everyone else and this is where
the clerk will sit this is where the lawyer for the government is it it’s
usually next the table use it with your lawyer now let’s meet the people who
work in the courtroom
hello my name is judge Meyer welcome to immigration court
hi i’m malik hi Malik first of all don’t be worried because I’m a judge and
you’re in court
this is not a criminal court and no one here believes that your criminal she
still can’t decide anything you want right
not really i’m an immigration court judge it’s my job to listen to your
story about why you came to the United States and why you want to stay here
it’s also my job to make sure you get a fair hearing in the courtroom I listened
very carefully to what you tell me i write things down while you’re talking
and i also use a tape recorder every time you come to court to make sure i
remember what you say and didn’t you decide if someone can stay right
yes but I don’t decide all by myself who can stay in the United States I take
what I’ve been told and what I’ve heard and i use the United States laws about
coming here to decide what should be done
I work for a part of the government called the Department of Justice i do
not work for the Department of Homeland Security Immigration Department
sometimes the judge asked me questions really hard ones about things I’d rather
not talk about I’m sorry if it’s difficult or uncomfortable but it is
important that you tell me the truth and that you tell me your whole story about
why you came here what you tell me helps me decide under which laws you can stay
so you need to know my whole and true storage decide if i can stay
that’s right
this is where you say when you tell you story to the judge and your lawyer will
sit with you right that’s right
you might also be asked to sit in the witness chair up closer to the judge as
your lawyer it’s my job to help you tell the story and to prove to the
immigration court why you should be allowed to stay in the United States I
met with my lawyer before i went to quite hopefully you’ll always meet with
your lawyer before court but whether it’s a few days or even a few minutes
before court you should be sure to tell your lawyer everything about how and why
you came to the United States you should tell your whole story so you have to
tell your lawyer and the judge
yes first to tell your lawyer and then he or she will help you tell your story
to the immigration judge and you should know that almost everything you say to
your lawyer is completely confidential
it will not be shared with anyone unless you say it’s okay so lawyers can talk
about the kids are their stories
not even with the people where they live that’s right but there’s more
your lawyer works for you even when you can’t pay him or her because they’re
donating their time just to help you so that means that you decide what your
lawyer does for you
you can also decide to fire your lawyer so if you say something to your lawyer
that you don’t want him or her to tell anyone or the judge you just say so but
you should understand that your lawyer may try to convince you to tell those
things because they may be very important to the reasons why you want to
stay in the United States you should try to trust your lawyer as much as you can
right because your lawyer is trying to help you and also anything that you say
in court has to stay in this room
none of the people who work in the courtroom are allowed to talk about you
or your case outside of the courtroom
wow I didn’t know that so your life works for you and helps you tell your
story to the judge
that’s right so you have to listen very carefully to the questions that the
judge may ask you to be sure that you answer truthfully and speak loud and
clear
that’s why there’s microphone auntie
make it louder yes and if you don’t understand something or if you have a
question
be sure to ask your lawyer to explain it your lawyer wants and needs you to
understand everything that’s happening
what if you don’t understand because you don’t understand English very well
that’s why we have an interpreter
I was so happy to hear my language in the court I’m glad to hear that
hi I’m going to interpret from the immigration court and it’s my job to
make sure that you guys understand what’s being said that everyone
understands what you say the interpreter will speak to you and say everything
that the judge is saying only in your language the court sees people for many
places in the world but the language of the court is English so it’s interpreted
job to translate from English to your language and from your language to
english so you understand everything that’s being said to you and everyone
understands what you say and if for some reason you don’t understand the
interpreters language dialect a way of speaking you should let you judge or
lawyer now
sometimes I didn’t know to look at because the judge and the interpreter
speaking the same time I try to look at the judge knows answering questions
looking at the judge when you respond as a really good choice
the interpreters saying exactly what the judges say so it’s very important that
you understand what’s being said to you so you can answer the questions
truthfully so if you need to look at the interpreter to understand you can and
then look at the judge when you respond when i was in court interpreter
translating everyone not just the judge the interpreter should translate
everything that’s being said to you that means everything the judge says to you
everything
the lawyer says to you and everything the government lawyer says to you and if
for some reason their interpreter isn’t translating these things you need to let
the judge or your lawyer knows so they can tell the interpreter to translate
these things for you
this is looking for the government as the lawyer for the government
it’s my job to show the judge why you should go home and why you should not
stay in the United States doing have to talk to the lawyer for the government
lawyer for the government might asking questions about your story which the
interpreter will translate for you and you need to answer fully and truthfully
just as you do when your lawyer for the judge asks you questions
the judge set there are laws in the united states that can help decide if
someone can stay here cats there are many laws how can a law help decide if
the kid can stay in the United States
well there’s something called asylum and then there’s something else called the
convention against torture or CAT these things mean that you might be able to
stay in the United States if you’re afraid to go back to your country
because someone there was hurting you or if you’re afraid that someone there
might hurt you if you return
there’s also something called s ijs that special immigrant juvenile status
SI je s says that you might be able to stay in the United States if your family
in your country can’t take care of you or if they were hurting you or if you
don’t know where they are and they won’t take care of you and there’s the only
ways you can stay the United States know you can also apply for two special visas
one is called the u-visa the u-visa says that you might be able to stay in the
United States if you were the victim of a serious crime while you were here
what is a victim of a serious crime that means that someone hurt you very badly
either physically or mentally you sit there are two veces right that’s right
the second is called the TV set the TV says that you might be able to stay in
the United States if someone who helped bring you here forced you to do things
against your will either on your way here or after you got here or if you
think that person might force you to do things against your will
after you’re released well then you might also be able to stay in the united
states east if you have family you might be able to stay with your family if
they’re here legally and if they can help you
that’s a lot to remember if thats it is but you don’t have to remember all of it
you simply have to tell your lawyer what you want and then it’s his or her job to
talk to the judge and then apply the law
so now you know when you come to court you won’t be alone there will be several
other people there as well the judge your lawyer and the lawyer for the
government and the interpreter but there might be others there as well
the clerk his job is to set dates for coming back to court and keep track of
who’s coming to court at what time
there might also be other children with cases like yours
there might be a witness who comes to help a child tell his or her story and
often adults from facilities for children are living come with the
children these people would all be sitting in the audience area where you
sit as you wait to be called if you have something embarrassing or difficult to
say that you don’t want other children to hear you can ask your lawyer to ask
the judge to clear the room that you can talk to the judge more comfortable
everyone in the room has a job or reason for being that and nobody can talk about
the case or anything you said outside of the corner
I want you to know that you will probably come to immigration court
several times your case will not be decided the first time you come to court
and you do need to come each time your lawyer tells you why there are many
different reasons for coming to court because there are different decisions to
be made about your story why you came to the United States and if you can stay
every time I came to cart it seemed the same sometimes it is but there are small
differences depending on what is discussed in what is decided
like what this is a little complicated but i’m sure you’ll be able to
understand the first hearing is called the master calendar hearing it will
probably be pretty quick and your lawyer will probably do most of the talking you
might only be asked for your name place and date of birth and how you plead to
something called the charges of removability those are the reasons that
the lawyer for the government thinks that you cannot stay in the United
States and must go to your home country
your lawyer will tell the judge whether you want to stay in the United States or
go home and your next court date will be set it all happens very fast
yes it does there is another car hearing called the merits hearing or individual
hearing your lawyer will work with you beforehand to help you prepare for this
court date because it will be much longer than the others during this
hearing
you’ll be asked to tell your whole and true story
why you came to the United States how you got here and why you wish to stay
your lawyer will ask you lots of questions to help you tell your story
the lawyer for the government will also ask you questions and the judge will
also ask you questions about your story but the interpreter will be helping you
understand and translating your language that’s right interpreter will translate
the questions for you and then translate everything you say for the judge and the
lawyers
I hope you learned a lot today and that you feel comfortable and confident about
going to court
first we learned that the judge sits at the bench he listens to your story about
why you came to the united states besides based on law whether or not you
get to stay right then we learned that you can either sit at one of the tables
with your lawyer reflects to the judge in the witness chair
it’s cari lawyers job to help you prove to the immigration judge why you should
be allowed to stay in the United States and top you tell you story the
interpreter will sit near you
sometimes at the table with you and your lawyer will help you translate what you
say in English and what is said to you into your language if you have any
trouble understanding the interpreter tell the judge and lawyer and finally we
learned that the lawyer the government’s at the other table in order for the
government’s job is to show the court why you should go home
don’t worry about telling a story even if it’s very personal because anything
https://t.co/pS1fO3LeX0 https://t.co/jRkfO4H1nG
— Immigration in NY (@NySim1) 15 de enero de 2017
xxxx
How to Apply for Cancellation of Removal? Eoir 42b filing instructions. –
Get Guide for Cancellation of Removal here or contact us.
How to Apply for Cancellation of Removal? Eoir 42b filing instructions.
If you believe that you have met all the requirements for cancellation of removal, you must answer all the questions on the attached Form EOIR-42B fully and accurately.
You must pay the filing and biometrics fees and comply with the Department of Homeland Security (DHS) instructions for providing biometric and biographic information to USCIS, [available at http://uscis.gov].
You must also serve a copy of your application on the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE) as required in the proof of service on page 8 of this application, and you must file your application with the appropriate Immigration Court.
How to Apply for Cancellation of Removal?. Do you need an attorney right now? Call us 888-641-6656
Presentation from EOIR eRegistry Program Stakeholder
Eoir 42b form https://t.co/2vYwVo5qMy …. https://t.co/8uHRMbRrC9
— Immigration in NY (@NySim1) 2 de enero de 2017
http://www.simonebertollini1.com/Immigration/Cancellation-of-Removal.aspx
http://www.simonebertollini.com/Immigration-Law/Deportation-Defense.aspx
Eoir 42b Instructions
https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf
How to apply for cancelation of removal with an immigration court?
EOIR-42B, Non-Legal Permanent Resident Cancellation of Removal lpr
Eoir 42a | Eoir 42a form | Eoir 42a instructions https://t.co/9rc08c8EeE#immigrationattorney#newyork#ny#nj#newjersey#immigrationlawy…
— Immigration NY NJ (@pilipenko_veron) 23 de mayo de 2016
What is eoir 42b? Eoir los angeles
https://www.youtube.com/watch?v=U1IrGhWmjuI
Suspension of deportation. Cancellation of removal lpr | ina 237 – ina 212 a 2
Motion to Reopen. Motion filed with an immigration court
15 Defenses To Deportation – Deportation Defense Lawyer – i 751 waiver
Eoir 40 | Eoir 40 form | Eoir 40 fillable
Waiver of inadmissibility to the USA
Eoir 42b form:
Welcome and thank you for standing by, at this time all participants are in a
listen-only mode, to ask a question during the question-and-answer session
later please press * then one on your touchtone phone. Today’s conference is
being recorded if you have any objections you may disconnect. And I would
like to turn the meeting over to Ms. , ma’am you may begin.
Good afternoon everyone for those of you in the room and on the phones,
thank you for attending your webinar and conference call and in-person
meeting on the new eRegistry. We’re glad to see so much interest in the
program, and want everyone to be aware of what’s coming on Monday, so
we’re happy to see so much interest. We’ll get started with the presentation – oh
and I’m sorry as operator said my name is , I’m the Counsel
for Legislative and Public Affairs here at the Executive Office for Immigration
Review. So what is eRegistry? eRegistry is what EOIR has created as a user-friendly
online registry that will allow folks to have eventually electronic
case access in a filing system. This was initially implemented through a proposed
rule in the Federal Register in and at that time when we solicited comment
we received seven letters of comments.
Part of those comments, so that you will know that they were actually read
and considered were from law clinics that expressed concern regarding law
students. And so one of the changes that EOIR made based on the comments
received was that law students would in fact not be registering. The reason for
that is the transient nature of the clinic students and the fact that though we
could really ensure that they’re getting into the system it would be very
difficult to make sure that they’re getting out of the system. And we – one of the reasons
as we’ll get into later that we’re implementing this
eRegistry is to make sure that we know who is in fact representing
respondents in immigration courts and before the Board of Immigration
Appeals. Moving forward into most recent history, on April we published
the final rule on the Federal Register and we’ve received a few comments on
that which are undergoing review, but the (com) period has in fact closed.
Just so you know the OCIJ Practice Manual has been updated and posted
online and the BIA will be doing the same with their updated manual on
Monday. So in terms of folks who want to review the practice manual and the
steps that are involved in those various sections within the OCIJ and BIA
Practice Manual you will see those online either currently for OCIJ or again
on Monday for the BIA. You might be wondering how is this pursuant
to the Government Paperwork Elimination Act and again this will eventually
be part of a greater electronic filing system. Immediately you will see the
ability to do EOIR- s and EOIR s in some situations through this eRegistry
process so that’s one piece of paper that you don’t have to continue to use.
So we are looking forward to in the future reducing even more additional paperwork
for all those who before EOIR.
In order to do this – in order to get the benefit that we want from the electronic
filing for ourselves and for all of those who appear before EOIR we need to
have all attorneys and all fully accredited representatives register. So there’s a
little bit of an error on the slide, it says all accredited reps – it’s only fully
accredited reps, it is not partially accredited reps, just to make that clear.
As I said it’s the initial step in moving towards an electronic filing system and
the purpose is to ensure unique identification of every person who appears in representative
status before the courts and the board, that is what eRegistry
will provide is a unique and individual registration information.
We expect that our efficiency will be increased because we’ll be reducing
system errors and scheduling matters and providing approved notice to
attorneys and accredited reps – fully accredited reps. We also expected in the
future eventual filing system will reduce the time and expense that is presently
incurred with paper filing and again in order to have that happening is to be
universal – everyone who’s appearing before the court and board.
Also you see on here combating notario fraud, as you may be aware the
Executive Office of Immigration Review is part of the initiative of our federal
partners to make sure that we’re combating notario fraud, we’re working to
build the capacity of good actors and get out the fraudsters. And this is a very
big deal for our director and for our agency and something that we’ve been
working on officially with our federal partners since June , although
course the discussions have been – have long before that.
We expect that the fact that before registry account and the EOIR ID issued
there’s a second step of the registry process which we’ll get into later, there’s
identity verification. So after you enter your information online you also will
be required to present a photo ID and an official EOIR location to ensure that
you are who you say you are. So allow on that step of accountability we
expect will help us get out the notarios from practicing immigration law
before the courts and the board. Also you’ll have a unique EOIR ID number that
you’ll required to put on any EOIR- or and that will assist adjudicators
in more readily identifying your status as a registrant with the courts
and the board. The system will launch as most of you know by now I’m sure
on Monday, that’s June of this year and by December of this year is the requirement
that you be registered through eRegistry. Want to note that the system
is not tested for mobile devices serve you use a mobile device like
an iPad you may experience some difficulties with the system.
We recommend that you use a laptop desktop, regular old computing system,
nothing too new wave. eRegistry is free, it will not cost, there’s no registration
fee, not for an initial sign up or for any annual fee or anything like that as may
be experienced in other similar systems. What you need to put in your initial
registry process, the online portion you’ll need to provide your name, your
business address and telephone number, your date of birth, your email address
and then for attorneys bar information. And for recognize organizations – or excuse
me for fully accredited reps you’re recognized organization. If you are
an attorney you’ll be asked for your bar number. If your state does not have hard
numbers that’s fine that will not be a required field for you. At that time
you also establish a user ID and password for yourself, those will be items
that you choose so hopefully you can remember them.
There will also be however (sales help) for you if you’ve forgotten your
password, like most systems with which we’re all familiar at this point you
will be able to, you know, go in and retrieve that information if you’ve
forgotten it by answering security questions that you would choose. And
information we collect you might – a lot of people are concerned about
security on the Internet these days understandably so.
Know that all the collected information is protected by the Privacy Act of
and will be part of a published system of records which is what we
required to do under the Privacy Act. EOIR can disclose information under routine users
that are specified in a system of records noted and any changes
that will be published so that you will be aware in the Federal Registry. The
address and phone number that you provide should be those that you normally
receive your business correspondence. In other words if you’re an attorney who works
at your home you would need to include your home address. If you use your
cell phone as your primary business phone you would want to include your
cell phone. Date of birth information it would not be published but
it is necessary for our verification purposes and to differentiate and identify
individuals in the registry. In other words if there’s two John Doe’s and one was
born in January and one was born in December we’ll be able to know the difference
between John Doe, when he is appearing in the immigration court to represent
someone. Originally if you read the proposed rule,
we were collecting the last four digits of the registrant’s Social Security number,
we are no longer doing that – that was deemed unnecessary. So moving on to what
you will see on Monday, this is the original screen when you register and
you can choose either attorney or fully accredited representative based on your
status. These screens – well I’ll explain which screen we’re on, but as you
can see on this it has firm affiliations and bar affiliations.
Those were obviously not be relevant if you choose the fully accredited
representative button, instead it would indicate you’re recognized
organization. Here is when you choose your user ID and gives you the
standards for your user ID many of which you’ve probably seen before in
other Internet requirements. Same thing with your password it will tell you
what you need to do with your password, you also have your own choice
within those constraints. Then you provide your account information, what we’ve discussed
already your name, your date of birth, your email
address. And first we’ll talk about the attorneys, the attorneys will provide
their firm name, get the business address and telephone that you use for your
correspondence and your email and your bar affiliation. As mentioned you
will select your jurisdiction and then if they bar number is applicable include
that information as well. Then you will see this screen and it will
give you back all the information that you’ve input into the system, you acknowledge
the perjury statement. If you are a fully accredited rep here’s the screen
you will see after enter – and putting your regular account information.
Again organization name, address, business address and telephone along with
email and again you will have your review screen as well acknowledging a perjury
statement. Then this is how you will know you have submitted
the online portion, you will see the information saying that it’s
been received or submitted back to EOIR for processing and it would tell you
the info- one of the types of identification that you need to take to a
immigration court to proceed with the second step of registry which is the identity
verification. We’ll get to this little more but identity verification will take place
at each immigration court and also the Board of Immigration Appeals, the
information that is on the Web site under the engage with EOIR page on the right
side box. And if you click there you will see identity
verification as one of the hyperlinks and then you can choose your individual
immigration court to see what times and days are available to you for
registration. Also the Board of Immigration Appeals information is at the
bottom of that page for your repeal. You also receive a email and this is what
the email will look like, it will basically tell you the same thing that the
confirmation screen did that EOIR has received your information for processing and that you
need to proceed to Step , the photo verifica- or identity verification.
Again we talk a little bit about security of information, the – sorry, the
information there – doing the identity verification will emanate the need for
EOIR to collect and maintain evidence of identity. So in other words we don’t
need to make copies of any of your photo identification, we just need to see
that it’s you and compare to the system and know that we have the right
person. When eRegistry is – when you go into eRegistry
you’ll be needed – you will need to enter your user ID and your password
for each session so that is how your information will be kept secure, only
you know your user ID and password. We received some questions prior
to this event about whether an attorney for instance can share the registration
information with the paralegal, well we can’t stop you from doing that just
like any computer system we do say keep your user ID and password secure,
so whatever you deem to be secure is within your decision.
Each system – he session, excuse me, will be on a encrypted connection and
that will protect any data that you are inserting into the system and that
includes your basic registration information and if you choose to file a and
‘s, your s and that will also be delivered over that encrypted
connection. It is (soared) on a fully secure server that’s in compliance with
(BISNA) and you only have access to your own information.
There will – we’ve had some questions also about an attorney and fully
accredited rep (diety) that will not be in existence on eRegistry – you will have
access only to your own information. If you have an issue that you feel that
someone else has accessed your account this is the email address, eregistration.support@usdoj.gov
you will want to contact, that information is
of course available on the Web page as well. As we discussed identity verification is the
second portion of the process for registering and again this is the Web site
that you can access in order to check what information a specific to the immigration
court closest to you and again the board is also available for identity verification.
In the acceptable forms of identification we also have these on the Web
site and pictures of the documents in case you’re unsure but something
might look like that is necessary.
The biggest part of it is it needs to have a photograph and your date of birth
and be (self issued or stationed). In some situations you will be able to file the
EOIR- and as we have discussed, it is however strictly optional at this
time. The caveat here is once you’re registered you will need to include your
EOIR ID from the eRegistry system even on your paper filing. While we ask
that you do that from the moment you filed it will not be required until
December of this year. This is what you will see when you are registered
– when you’re ready to get into the system, you’ve completed steps one
and two this is the screen you will see. You accept that you know that you’re
entering into a government information system and all the requirements
that come with that and then this is your main screen. When you have not registered
you would see the account registration link, however when you’re ready
you can login. If you’ve forgotten your user ID or your password
there is an availability as we’ve mentioned that you can enter your security
questions to receive those. But logging in will allow you to get to the
screen and put your username and password and then here’s where you can file
electronic forms – as we said it’s the EOIR- and in some situations. You can also update
your information or reset your password.
If you need to edit your information this is what you would see, your user
profile screen where you can edit, add your new organization that would be
useful of course if you have left your – for a law firm it would be a firm of
course. If you’ve left your law firm or your organization and you wish to
replace information that is primary to you, you would do that. If you’re
associated with more than one organization or law firm you would add that
here’s well. Again all attorneys and employee reps who
wish to appear before the immigration court and the Board of Immigration
Appeals must complete the two-step process that includes the online
portion and the photo identity verification by December of this year.
Failure to do so may result in administrative suspension from practice before
EOIR is adjudicated (to spot you). Such suspension can be lifted after
the individual completes the registration process.
And that concludes the presentation, operator if we can open the lines to
phones. And to those of you on the phone we do have several people in the
room as well, so we will alternate as appropriate between those questions in
the room and those on the phone. Thank you if you’d like to ask
a question over the phone lines please press *
then one, and one moment please. And while we wait I’ll
ask if there’s any questions in the room – uh-hum? Woman After you . Lauren
Alder Reid It will be the same process – they can…
Woman (That will be a certain) right now they are .
For the photo verification? Woman (Yes).
You know that’s interesting and I actually don’t know the answer to that
question, we can add that information to our FAQs online, we’ll make sure
that we do that within the next week. But if you would like a specific answer
back to you go ahead and feel free to email us at pao.eoir@usdoj.gov, we’ll be
happy to get back to you. The courts will have
regular because of (special process) . You had
it set up… Mark if you’re going to
answer can you come to the microphone so people on the phone can hear you.
. That’s fine I just don’t
want them to not get the benefit of your answer. We’ll have hours after their initial
period, every court has – we’ll – it will be
ongoing process where you’ll have regular hours. Some courts will be by
appointment, some courts will be just regular business hours – most courts are
regular business hours for validation, okay. Woman Okay so attorneys will have to undergo
both steps before they file a ?
Yes after December it is a requirement before you appear in
immigration court or are representing – actively representing clients to become
the client – the attorney of record you would need to be online. Filing the E-
or E- will remain optional in terms of doing it electronically but since you’ll
need to file it and put your EOIR ID on there the only way to get that EOIR
ID is through eRegistry. Yes? So my name’s .
Hi. To support provider
we (refer) and so I think that’s (something) similar to
in that a lot of the attorneys who volunteer immigration (court
case) . So we’re concerned that this means you’ll (someone)
. So I guess my question is for what you anticipate that delay
to mean between an in person appearance and the (receipt as to your) .
And then second whether there might be any accommodation for
for carrying ?
Sure the question in the room was regarding pro bono attorneys, those
which represent the respondents in immigration court or before the board free
of charge and the effect that eRegistry may have on them. There’s a concern
that there may be a negative affect on the ability to do pro bono work because
of – as it was named the burden to register. We don’t believe that pro bono representation
will be significantly affected, we’re certainly open to continuing a conversation
about that but our evaluation of the situation is that because this really
is an EB one-time event it takes, you know, our estimate was minutes, I think
that’s generous personally for somebody to fill in information that you need
to online and then, you know, showing the photo ID. We really feel that
it’s something that can be done fairly easily without too much burden as we
have described it. We also – Internet and registry is becoming
more and more common in other court systems and use of the computer is certainly
not something that’s foreign to those who are coming out of law school.
So we feel like it’s something that people are used to and are even possibly expecting
in many scenarios and so immigration court and the board should really
be different. Woman .
Sure, sure. Woman I think the concern is more about that
first trip to the immigration court and I don’t know if that could be combined with
their first appearance which would certainly be helpful.
But I think there – many of us are concerned that if say you’re a pro bono
attorney, (EOIR is the same case) then saying keep the case on Monday you
have a master calendar on Wednesday, you have to before that first
appearance make it to the court to be registered and the court may be a few
hours away. So, you know, if it was possible to (align) that physical with the
first appearance that would certainly go a long way. The immigration
judges are certainly going to be understanding of the
process. There are also exceptions to if you’re registered you can be given a
one-time waiver so to speak, so if you have – I mean that’s not to be used, you
know, broadly but – and it’s at the immigration judge’s discretion.
But if you come to an immigration court on the day of an appearance and
you’ve already done your online portion and you come and you present your
photo ID and you’ve done the steps then you can say to the immigration judge,
I have completed the registration process and just have not yet been able to
access my account, that something that’s workable – does that help?
Woman Thank you. Sure.
Woman And I would like to (present) my worries about in (Texas) we have a pro bono
and I work for and we provide pro bonos
nationally to appearance .
And a large number of pro bonos being subject to for them
first time appearance, is that (a bed) I think will have a very,
very serious impact on the project on our (aspect) of pro bono, I can imagine,
even for those who have situations in their local area doing pro bono. So I
make a request that there be an alternative made for maybe a certain class for
pro bono to do the second portion. I do not think it’s strictly registry – that
online form that (makes a burden). I do think my project and
there are smaller projects that ultimately use solely
pro bono orientation or practice with pro bono concern. The question
in the room mostly echo the previous question regarding pro
bono work except there’s an extension of that to make a request that EOIR
consider an exception for those doing pro bono work who may be in remote
locations and find it burdensome to travel to in immigration court or the Board
of Immigration Appeals to do the photo identity verification portion of
registration. We certainly did receive comments on this
during the comment period and we’re aware of it and again we feel like this
is the way forward for us and the only exception that was made at this point
was for law students. As always we’re open to engaging in conversation but
that was the determination at this point.
I’d also just like to add that in terms of burden while the initial burden may
exist in terms of having to travel to an immigration court for those in a
maybe not right in a quick drive to an immigration court in the future as we
proceed and even now with the EOIR- s and s the electronic filing of this
will increase efficiencies for everyone involved, both the attorneys who are
trying to do pro bono work and us as the agency on this side. So I’m going to
turn to the phones and then we’ll come back to the room for questions.
Operator or the questions? We have several, your
line is open at this time. Good afternoon, I have several
questions so just cut me off when I should get
back on the queue to ask additional questions. But my first question focuses
on what I think is false information on what you published in the Federal
Register. Can you please list for us all the reasons that you’re doing eRegistry and then
I’ll follow-up to explain why there’s a mistake in the Federal
Register? I- I can’t tell you that
I can tell you every reason that we’re doing eRegistry
but I can certainly the review the ones that I have named for you earlier. We
are looking at the fact that it will increase efficiency both for immigrant courts
and for those who practice with immigration courts, attorneys and fully
accredited representatives. We also are noting that this is the first
step towards what we hope giving resources available to us will be electronic
filing and a greater e-court system down the line. In addition we have – our federal
partners, state and local partners, all are a great understanding of
many of you are as well of the problem we have with notario fraud and we
do believe that verifying that we know who is in immigration court will prevent
us from – or help us prevent those bad actors from appearing and victimizing
respondents. And if you’d like to, you can tell me what’s wrong.
Okay well it is disturbing that you’re not able to tell us all the reasons
that you’re doing eRegistry when you’re trying
to convince us to do it. And that there’s no promise that you’ll stick to your
stated reasons because you don’t even have the list.
But there’s a problem in the Federal Register because you – you published in
the Federal Register that all of the reasons that you’re doing eRegistry are
irrelevant towards (ice) counsels so there’s no purpose for (ice) counsels to
eRegister. However if you require (ice) counsel to eRegister would increase
efficiency, help make a move towards an e-filing system, have unique
identifiers for each person representing a party in the court and also making
sure that the person is who they say they are. So they’re really – you comments on why
(ice) counsel does not register actually include false information and there’s
really no reason to exclude them.
Okay well I appreciate your comment, I can let you know that the
purpose of the Registry is to create a database of
private attorneys and fully accredited reps (to report to EOIR).
The (DHS Counsel) are federal employees and they may include any officer
assigned to represent the (agenda)… Well I’ll stop you there because
your comment to… Well I’d like to finish
because sir, I allowed you to speak and I’d like the
same opportunity. Well but you’re contradicting
yourself. And the DHS Counsel are
deemed federal employees, they may also be an
officer assigned to DHS who are representing them in a proceeding before the
immigration judge or the board and the reasons for registering private
attorneys and accredited representatives are simply not relevant to DHS
Counsel. We don’t believe it is likely that an unauthorized
individual would represent DHS in a EOIR proceeding because they would
be badged and also recognized by the Department of Homeland Security
– please go ahead. I’ve understand you read the false information out again from
the Federal Register, but you haven’t addressed how you’ve
contradicted yourself in stating several reasons at eRegistry and then
in quoting the false information of the Federal Register that there’s only
one purpose for it and ignoring the others you’ve just told me.
So I understand you’ve repeated the false information but doesn’t really solve
anything and I hope you’ll address it and I think it’s a flaw with the eRegistry
program. I do have other questions and I don’t know…
Well I’ll first address what you just said, you’re certainly entitled
to your opinion and we would welcome you to submit
comment if you still feel that there’s false information as you’ve put it
in the eRegistry, however this has been worked on for a long time by this agency
and we’re quite confident that the way that it is done is fair and appropriate.
Okay should I go to another question or do you want to have me wait on the
queue? What would you like? You can proceed to one
more question. Okay one more question, let’s
say there is an attorney who was sworn into a
bar and the bar has never required the person to have a photo ID and this
person has no photo ID on your required list, will this person be allowed to
practice even though they are unable to complete the photo ID check for
eRegistry? The second step of the
process does require a presentation of one of the
forms of photo ID listed on our Web site and during the webinar if you’re on
the webinar, so in order to complete the process you would need to present such photo ID at
the identity verification phase in immigration court before
the board. Said brief answer your question no the person would not be
permitted to appear in immigration court or before the Board of Immigration
Appeals. All right so someone sworn into
a bar and is a practicing lawyer and is allowed to practice law will be barred by
EOIR, right? If they do not have one
of those forms of identification they would not be
able to complete registering (in EOIR). Okay I wonder if you think that’s
appropriate to limit the number of attorneys who can practice even though they’re sworn
in. It seems to me a bit (draconian).
I do believe that the process is appropriate, yes.
Thank you for your question, if you’d like to ask another you may reenter
the queue.
Thank you. Our next request now (Katherine
Lampard), your line is open ma’am. Here’s a smaller practical
question, it looks to me like you all are – we will
be submitting a pass – we will be choosing a password once, and not having to
have it expire every days and select a new one like in the USCIS online
system, is that right? That is my understanding, I’m going to look
up my experts in the room and make sure – yes our IT guy is here and
he’s tell me that is correct, you will not need to reset your password unless you
feel your account has been compromised or you just decide you don’t like
it. All right thank you.
Thank you, operator I’ll take one more on the phone before turned back
to the room.
Yes our last at this time your line is open. Please check your
mute button, your line is open. Sorry. Hi. Two questions,
first what is the URL for the Web site and – because
I was on the phone I couldn’t see the slides with the address. So the Web site
that you referenced a couple times? All right well the easiest
way to send you back without having you write a
million letters is if you go to www.justice.gov/eoir. On the right-hand side of
the page you’ll see a box called an Action Center and there’s – the top link
there is engage with EOIR. Okay.
And you click that link and scroll down to the bottom and you’ll see
eRegistry initiative. Okay. And
clicking that link will take you to all the information that I discussed
was available on the Web. Okay, great and I guess my
other question is how does this impact telephonic appearances?
I guess I’m not sure – could you verify that?
Well I mean say, you know, prior to eRegistry I’ll file my E- via mail
to a remote courthouse and then they’ll accept
it along with my motion for telephonic appearance, so I never physically
actually go to the court when I make my appearance for my respondent.
Sure that would still not be an issue, you’re still welcome to file
the form by paper, electronic filing is optional although
you could presumably do that as well. And then the motion for telephonic
appearance wouldn’t change as long as you’ve already done the identity verification
portion of eRegistry. So I would – so it would – at
some point I’d have to show up prior to whatever appearance I’m filing a motion for telephonic
appearance for – I’d have to show up physically at the courthouse to?
Correct (we’re) – all attorneys and fully accredited reps are required to
register by December . Okay and that’s just once?
Correct, yes you only have to appear in court one time to show your ID
and then you’re in the system, you have your unique (eRegistry) – yes thank
you for that clarifying question, that’s helpful. Okay because I, you can see
why the impression might be that every time you
have an appearance you have to show your – physically show your ID.
Sure that is definitely not the case, thank you again for that clarifying
question. Okay.
Any other questions in the room? Yes?
Woman , I have a couple of them. The first one is what about
your appearances already entered, you – are you going to have to at some time
prior to December submit a new E or somehow – or E or otherwise
provide a number to the court for the board? Or is this only going to pertain to
new (entries of appearance) ? The question in the room
was whether a new Form or would be required if an appearance has already been
entered in the case. And believe it or not we are not trying to provide extra
burdens for you so no you will not need to reenter that form it will only be
those moving forward after you register – after December but we have to
be so after your registration. Woman Okay thanks, can I take one more .
Please, sure, sure. Woman On the question about bar admission,
does that refer only to the – as in the current form the bar of the highest court
of any state or does that mean all the courts to which (you attend)? All the federal courts,
the circuits, the nonimmigration related courts.
We’re just looking to make sure that you’re licensed, so if you include
the states in which your licensed (that’s plenty).
Woman Okay thank you. Thank you – yes?
Man Once an attorneys is registered with EOIR, I realize it will take some time to
set up an e-filing system but will EOIR be able to notify attorneys as
registered of decisions in their cases by email rather than snail mail?
Immediately? Man Yes.
Okay the question in the room is whether EOIR will be able to notify
attorneys who are registered in eRegistry of decisions in a case by email rather
than snail mail and immediately. There is no plan for that at this time.
Woman To follow the appearance question, so that’s helpful that there won’t actually
have to be another filing, but on attending case let’s say you had submitted
(the) and you had an appearance in , before the next scheduled
appearance will e-filing requirement exist or is it the entire e-filing
requirement will be ? The – so you’re asking
if a case is proceeding with the next hearing is not
until after the December dates? Woman And the attorney is not entering (impending
new matters) only this one (name) that is pending from before eRegistry requirements?
So the question and the room is whether a case that’s proceeding past
the December deadline where an attorneys representing
only in this matter would that person be required to register
and submit the form. They would not fall under the – if it’s their
only case because that’s the only case and they’re not required to register
for the case then they would not need. However they proceed and appear in immigration
court after December they would need to be registered so that they
fall within the – I think I sound like I’m contradicting myself but I’m not
trying to. If there is a – if they are doing the paper
side of things and if there’s no appearance in immigration court after December
there would not – there would not be a need to register and there’s
certainly no need to file the new form. However if they’re going to make an
appearance before an immigration court- an immigration judge or the Board of
Immigration Appeals they would be required to register because that registry
requirement is complete as of December – does that make sense?
Okay it makes sense in the room I hope it does to you on the call. I’ll move
back to the phone operator, are there any questions in queue?
We have about a dozen right now – your line is open.
Yes hi, can you hear me? Absolutely.
Okay great, so I work at the City Bar Justice Center and we work with a lot of
pro bonos and I couldn’t really hear the question and the remote about pro
bonos earlier so I apologize if I am repeating the question. And this sort of
follows up on what you just answered but the pro bonos that pick up a case
say next January what is the system going to be for registering in the system
after December ? It will be…
– sorry go ahead.
I’m sorry, it will be the same. Everyone will need – anyone who’s going
to appear in immigration court after December
will have been required to register through eRegistry, both the online
portion and the in-person portion. But they can do that after
the December deadline? If they have no appearance
in immigration court between December and January…
Right, say they pick of the case in January – like they’re not even
in the, you know, they don’t have to work with anything
right now. Correct if they don’t have
any other cases that would be fine, however we
would encourage people because of the established hours already existing
we’re trying to get as many people as possible to go ahead and register by
December – it’s to their benefit as well, I mean in terms of…
Okay, right but I mean we ship cases that when we get them so if
we get… I understand.
…them – I’m just making sure that they’ll be able to sign up after
December .
Absolutely because the system is and we’ll need
law
school graduates who graduate next May to be able to sign up and they will be
able to as well so. Okay great thank you.
No problem. Our next question – (Anthony
Judisse) your line’s open sir. Hi.
Hello. Hi can you hear me?
I can. Oh don’t take offense,
I’m just asking. I’m ready for it – (Anthony)
and I have a history. How – and give me specifics
please and please don’t start your answer with
as I said, how is the electronic system going to be any more effective than the
paper system in routing out, you know, notarios and unscrupulous skunks, unethical practitioners?
I think in theory it’s a great idea but I, you know, I’m
skeptical of the federal government anyway – give me some specifics as to
how that’s going to happen? I mean just asking – I’m just asking.
Sure well I won’t as I said but forgive me if I do repeat myself
a little bit, we do think that the online registry with
the personal information included there that then is accompanied by the actual
photo identification at a physical EOIR location and the verification of that
person. And then that unique EOIR ID number that is required to appear on the
EOIR- and will allow our adjudicators to know that the person is legitimate,
that they are not a notario. In addition we are looking forward to down
the line when resources are available to be able to increase the efficiency
of our court and your law practice by allowing you to do things online.
And we know that a lot of the other courts in the country already have that
ability and have had for quite some time and we’re actually very excited
about the ability to offer that people when we’re able
All right well what about, you know, the people that falsify – you know
this, green cards and records like that are very good at it, what about people
that file for it with false information and prevent – present false ID at the
immigrant – at the EOIR in Buffalo for example I mean how do you know?
How do you know? I can’t imagine sir that
we would, you’re right there are a lot of people
who are very good at falsifying identification. So our hope of course that such
fraudsters would not take the step of appearing before a federal government
official and presenting false identification, but there’s really nothing that we
could do… All right well that’s honest enough, I appreciate it very
much. I try to be honest, I would
encourage you if you’re ever aware of that situation…
Oh don’t worry about that – don’t worry about that, I will – don’t worry.
You and anyone else who’s listening.
Thank you so much. Thank you – operator next
question. your line is
open. Hi thank you for taking this
call, can you hear me? I can.
Yes so I have very serious concerns about the in-person validation process
and there are a lot of courts – especially the
circuit courts where business is conducted telephonically.
And so if you’re going to require in-person validation for somebody who’s
appearing in front of the Portman court but is representing a client say for
example in Idaho or in, you know, Alaska that’s going to pose a very serious
problems in terms of that person traveling to the court in order to make that
first appearance and to present an ID and I think that EOIR needs to look at a
workaround. One possible suggestion is, you know, the attorney can certify that the
document ID is a true and correct copy of the original and then sign the
document in the presence of a notary. And, you know, that should give you
every confidence that’s the guy who’s making the representation has that ID in
his or her possession. So, you know, this thing I think is a problem and it will
cause serious hardships and burdens on people who have to travel extremely
long distances in order to do the in-person validation.
So, you know, you need to look at that a try to find ways to do workaround
so that’s a concern that I’d like to present. And sir I’ll certainly
address your comment, can you tell me where you’re
located just so – if you don’t mind? Well I’m in Portland Oregon,
so it’s not going to be a problem for me to go to
the court, I’m two blocks away. But, you know, I’m a former EOIR liaison for
(ALA) in the Oregon area and I’m also on the National Chapter and so, you
know, we’ve got folks who practice in Spokane say for example.
And the folks in Spokane can either go to Seattle or they can go to Portland or
they can go to Boise or they can go to Helena and, you know, that’s , ,
miles in one direction so you’re looking at significant distances in terms
of traveling in order to do the in-person verification. And you say it’s a onetime
deal but, you know, somebody’s got to make that trip.
Sure and to address – since you’re talking specifically about the – for
the Pacific Northwest for that country, you know,
there are – and I encourage you to go to the Web site, this is only one that
I will name off because it’s specific to your question in a of general interest.
The personal appearance is a requirement of the Department of Justice
security order that relates to this identification verification, so that is the
reason for it. And as you’ve stated we do believe that the initial one-time only
burden is worth the effort. That said,f those in Alaska, Idaho and Montana
will have the ability – there is one day about / hours a day set up for
each of those locations where a DHS Counsel has agreed to be present and present
the photo identification verified, excuse me, the photo identification
of the person and verified for EOIR via VTC that that is the person.
So that verification will be – that process, excuse me, will be available in those
locations because we did recognize the significant added burden given the
geography and roads if you will in that area of the country. So I hope that
helps alleviate your concern somewhat. Well I mean, you know, we’ll
see and I mean there’s going to be much gnashing of teeth and groaning I imagine as
this process is rolled out but, you know, hopefully we can be partners in this
thing and we can get this done as efficiently as possible.
But again, you know, we would hope that EOIR would also be
accommodating and understanding and provide opportunities to, you know,
allow folks who can’t complete the e-verification process to continue to
represent their clients. Well as I said there is
opportunity if a person is just absolutely unable
within the next six months from Monday to appear in person in an
immigration court or before the board to do their identity verification. There is the
wiggle room if you will for an immigration judge to give
somebody a one-time waiver of that requirement with the understanding that
they will take care of it immediately. So we have considered the issues that
you’re raising and have identified the way that we’ve established as the best
way for it – thanks again for your comments. If I could just make one
additional comment and it’s sort of related to the fact
that this is one-sided and that only the private bars engage in this activity, I
mean from an e-filing perspective it doesn’t make my practice any more
efficient if I can only electronically serve the BIA with immigration court.
But then I still have to print out a hard copy and send it to (ice) counsel. So I
am – I’m somewhat concerned about this one-sided comment in the same sort
of way that a previous caller was. And so to the extent that you’re creating an
e-filing system and you want to create efficiencies via this technology, you
know, please seriously consider bringing DHS Counsel on board with this
process, because, you know, it saves me time at the copier.
If I can just scan and doc- scan this thing into a PDF and send it to both the
court and opposing counsel through this process that you’re implementing
then, you know, that’s certainly the thing that you want to create versus
having me to scan it in as a PDF and then create a hard copy and, you know,
send that hard copy to opposing counsel, so… Absolutely and we’re in
constant communication with the Department of
Homeland Security and we will continue to discuss with them all issues
relevant to the way that the efficiencies work in the immigration court. To be
fair to those in the room and on the phone I’m going to move onto the next
person, but thanks again for your comment – in the room? Woman I have one question
and one comment, the question is how are the judges as a
practical matter going to be (on an attorney) for verifying that practitioner has
actually done it, is there going to be an online way for them to check or are
they going to be asking (to be called out) and show the court their registration
number or how does that work? The EOIR- or that’s
attached to the file will include the unique EOIR
ID number and you only have that EOIR ID number if you’ve completed both
portions of the registration process. Woman So it’s going to get in the file ongoing
matters too or… Yes – and I’m sorry for
those of you on the phone the question was how
the immigration judges would be able to verify that the person appearing
before them is in fact registered. Does that answer your question?
Woman I think so. Okay.
Woman And the other comment – and this is just for thought to address the pro bono,
really I had it in mind about issue but it could potentially apply
to the – for most geographic locations. I’m most familiar with (circuit)
Columbia system but they have where you can appear pro hoc vice without
becoming admitted to the bar for up to five times, they figure under five times
you’re not a regular practitioner, so that could be something that could address
the pro bono concern. And the other one is, there is you don’t have
to pay or be an active member of (the bar or the court in terms of your dues)
if you’re appearing pro bono only. And since I think if I have it correctly you – each
one may – does have a designation for if you’re appearing pro bono,
that might be another way to track, you know, for – come up with some mechanism
that would allow minimum .
Okay so the comment in the room was about the fact that jurisdictions
allow individuals to appear before courts pro hoc vice up to five times and
they don’t consider that to be a regular practitioner before the court and also
that if you’re appearing in a pro bono class (fee) there’s no requirement to be
barred and she’s referring to the District of Columbia. The pro bono
requirement… Woman Doesn’t have to be actively barred.
Actively barred and pay dues.
Woman Actively barred, you just don’t have to pay dues as an active member.
Okay well there certainly are exceptions under the pro bono rule, I
know DC has Rule that allows people practice
pro bono if they are not licensed in the state and there are other states considering
similar things. But that is at this point as I said not something that EOIR’s
considered the process, it’s just not something…
Woman . Of course – oh okay, okay.
Yes but I will say it again there is, you know,
the one time not to be abused exception that if someone just could not register
for whatever reason by December that the immigration judge at their discretion can
allow their representation, so we did give one workaround. Any
other questions in the room before I go back to the phone – yes?
Woman I guess it’s similar to another comment on the line, I’m just curious I wondered
that you’re not requiring to register, is that right?
Correct. Woman Will they then be sort of under the
(offices) of a registered law school clinic
I wonder however that process is working it seems like there could be a
similar system and pro bono sort of under the
(occupants) of a registered that’s providing .
Well with a law student again that concern was the transient nature
of the fact that, you know, they’re in a clinic for
a semester in its easy to get them into the system and registered but then we
can’t guarantee that they get out. And that’s really the concern, if there’s
someone who’s not re-identified if you will as their new place as an attorney once
they’re no longer a law student. To answer your question and reviewing some notes
because this is one area with which I’m less familiar but clinics themselves
much like law firms will not be able to register as a body, that’s not the
way that it will work. They will of course have law students who
are under a supervisory attorney but again because of the unique nature of
a law student it differs of course from a pro bono attorney who is in fact licensed
on their own whereas a law student is working under supervision because
of the requirement that they have a supervisor in order to practice – I
use that term loosely law. Woman Great and so I guess I’m just throwing
out and , you know… Okay.
Woman …(for flights a day) but I wondered if there’s some possible work around there
for where example they need a supervising attorney in a law firm that’s
recently takes pro bono cases for the purpose of registering an attorney for
that firm. So that when we have attorneys who have multiple associates
only . The comment in the room
to which she does not request a response was simply could we find a workaround for pro
bono attorneys – or attorneys interested in doing pro bono work and maybe
a one-off case that would be akin to the law student situation in aff law
clinic. Operator are there more calls on the phone?
Yes we have a handful at this time so our first from (Sister Veronica
Schuller), ma’am your line is open. (Sister Veronical Schuller) Thank you for
the opportunity to have a question, I just have a
practical question. I’m looking at the instructions from the Houston office
about going down to register in person and from what I can understand it
appears that the court staff will enter in the second step and then the eRegistry
will be complete, is that true? If I understand your question
it is that once you complete the second step of the photo identity verification that your
e-registration will be complete, yes. (Sister Veronical Schuller) Okay and then
will something be given to us so that we can prove
that we have e-registered? You will have your unique EOIR ID sent to
you and that will be your proof – that will be (used)…
(Sister Veronical Schuller) Okay. Yes.
(Sister Veronical Schuller) And that will be sent by email?
Correct. (Sister Veronical Schuller) Okay very good,
thank you. Thank you – operator the
next caller? (Eugene Glicksman) your line
is now open. (Eugene Glicksman) Thank you, I’ve got two
questions based on the emails that had come out
before and also the presentation today. Sure.
(Eugene Glicksman) The emails discuss the registration process but there seems to be
an unanswered portion as to the registration
itself, will the registration be done at the local court and be valid only for that
local court or is that registration valid nationwide once it’s completed?
Thank you for that clarifying question, your registration will be valid
nationwide, the purpose of proceeding to the local immigration court is to try
to make it (as easy as) possible for you. So we’re having the hours available for the
identity verification at every immigration court to give people as many
opportunities geographically as possible. (Eugene Glicksman) All right thank you for
that, now following up on that, I’m in the New
York area and we’ve been advised by the court administrator that the
contractor personnel that was supposed to be present to help with the second
part of the registration in fact won’t be present for an extended period and
because of that the registration days are being cut back somewhat severely.
In order to prepare for this and be able to have a little more familiarity with
what is needed, the slides that you just presented today can you make those
available to us so we can at least review the slides and get to know what’s
going to be asked of us so that once this goes live on Monday we’ll already be
somewhat prepared in terms of inputting the information?
Yes sir the files and the audio portion of the presentation will be
available in that same Engage with EOIR box on our homepage,
you’ll be able to access the entire presentation as I said along with
the audio. The trick is it won’t be available immediately because of federal law
requirements, we have to wait for closed captioning to be completed on the
event, but as soon as we’re able to have that complete we will post it online.
(Eugene Glicksman) Well do you know if that’s going to be available before Monday when this
whole thing kicks off? It will absolutely will
not be available before Monday before the whole
thing kicks off. However should you have specific questions, be it Monday
morning, Monday evening or sometime next week, next month or next year
feel free to reach out to us at pao.eoir@usdoj.gov. We also have an email address established
that we will post to the Web that’s specific to eRegistry and that is eregistration.info@usdoj.gov
again that’s eregistration.info@usdoj.gov. And to my knowledge
the hours posted on the court we’ve only just made sure that they
were all accurate. Everything posted on the Web currently is up-to-date and accurate.
So if you look right now at New York what you see there is what we expect
to be. (Eugene Glicksman) And from what I’ve seen
that’s only one day a week over the next couple of weeks.
I’m not familiar with the details of each immigration court but if that’s
what you saw on the Web site for the court at which you’re looking then that’s
correct. (Eugene Glicksman) Which presents a bit of
a problem for doing the registry and going over if
you don’t know ahead of time what seems to (be) kicking off the same day
that the Web site is going live. Well if you look down in
the instructions I believe there’s also an alternative that if for some reason the days
and hours the court is available is completely unworkable for you or you’re out
of the country, you’re unable to access an Internet connection for those four
weeks, something along those lines there should be an alternative solution
for you available on – detailed on the page.
So I encourage you to go back and look at that page again, but again to be fair
I’m going to go ahead and move on – thank you.
Our next… We have one question in the room operator.
Man Sorry, I was just going to say, I did receive at least three, and possibly four,
of those emails from the New York court, like
it’s going to be these hours and all these different emails.- change and change
and changing. I can just say I can foresee people, not specifically talking about
New York, but driving along and trying to do it and finding out it’s not
available that hour and I don’t know how we’re going to accommodate (them).
Okay. Well, thank you. The comment in the room was just reaffirming
what the gentleman just said regarding New York apparently sending out
emails that contradict one another regarding what hours would be available.
I would encourage everyone – and please tell everyone else you know, go to
the Web site. What is on the Web site will be up to date and accurate. That is
where you should get your source of information. Any – everything coming
from headquarters will be accurate. And I’m looking at from (the
courtroom). Would you want to say something? Sure.
Okay. (Check that) the courts – the larger
courts. We will have a contractor shortly on duty and it’s going to be – we’ll have
them quicker than we thought. And so check back – all of the folks in New York,
check back again because as soon as we get our contract in, we will be
– we will have four hours for this verification process. I’m sorry for that.
It’s just we had a delay (at bringing them on) at the start, so
the hours were restricted just because the courts omitted staff at the present
time. But in the future the contract’s going to be shortly there and it’ll be full,
wide open hours. And …
Yes, every – also, I’m sorry. We also – because of the numbers of attorneys,
we also have – we’ve divided by alphabetical order so that no – New York has
a large number of attorneys, so we didn’t want to have to – we just can have
all thousands or so show up on that… How do you get in (at one-six)
because they want you in either? If you don’t have an appointment or .
The court administrator has worked out something. I bring your – that
validation the last screen you got and that she’s worked out a deal with the
(guards, et cetera, we’re talking about). The questions regarding
entry (and the plaintiffs are) but we’re going to
restrict questions about individual immigration, of course. If you have those,
you can contact us by email at the addresses I previously stated because we’re
going to go into details. Every immigration court, we certainly would not get
out of here at . I want to make one clarification on New York
just because we did go down that path, . When hours are expanded
due to the contract staff coming on board, the hours currently posted, however,
will still be available. Okay, so those hours online are updated and accurate
and will not change. They will just be expanded. Okay, operator, a question
on the phone. , your line is open.
Thank you. Just a couple sort of logistical questions. I know Ms. (Grazey)
asked earlier about the bars. But I would also follow up on that. For example,
some people are licensed but they’re not in active status in a bar, so maybe
there could be some clarification on that page where it asks you to list all of
the bars because it’s not entirely clear if you need every court – I mean, every
jurisdiction where you have been licensed, for example, even if you’re not
currently active. And I guess I also have some questions about
what are the mechanics of the E , E s. I know historically we’ve had
many problems with CIAS with the G registrations and getting them recorded.
So one of those things I’m wondering is if you file an E or an E
electronically, and then for example, there is a change – you move, you change
an address or something, is that – and you update it in the system, does that
somehow affect what, you know, what you all have access to or do we need to
manually go in and refile those? I’m just now sure about the data sharing and
whether it’s, like, a live thing that you’re looking at or we would have to go
back and manually redo it. I’m going to try – I’m
not positive I understand your question but let me
try to answer it and see if I’m right. You will not need to refile and ER or
an ER for anything in which you’re currently participating.
It will only be if you have a new case that you will need to file the ER or
with your (EOR) ID number through the registry included. Is that what you’re
asking? Not exactly. What I’m asking is if your personal information changes,
like, on your address, can you just go into the system
and change it on the system or you have to actually refile all of those E s?
You would need to refile the E or .
Okay. And to answer your other
question, it is included. I’m certain there are
many people who have not read through all of this information that we listed
online but in our FAQ document, on our eRegistration page, we do include
when it asks about what information you need to provide when you’re
registering. For attorneys, it says bar admission information
including bar number if applicable. For all the jurisdictions in which
they are licensed to practice, including those in which they are inactive.
So just so you know, it does include inactive jurisdictions as well. Thank
you for your question and comments. Operator, next?
, your line is open.
Hello. I just have a clarification and a question. It is my
understanding that once you register with your local court, it – are we
automatically also registered with the BIA or do we have to personally appear
in Virginia and register? Absolutely not. We have .
No. You are registering with (EOR) and (EOR) includes the immigration court
and the Board of Integration Appeals. You do not need to make a separate
appearance before the board. Excellent. I thought
so. I just wanted to clarify it. Also, my – I had
a comment. The gentleman earlier on the phone said why don’t we just do
eFiling for everything because we will eventually do eFiling with the courts
and so forth? You know, the federal circuits, when we filed
the PFRs, we serve everybody including government attorneys. We serve them
all on – via email, so it’s an excellent system and I surely hope we can
institute it as well with the EOIR and serve everybody by just a click of a button
on our computers. It’s extremely convenient and we are going
green and we’re not wasting paper as well. So that’s just a – one of my comments.
And I certainly hope that you guys would consider doing that as the federal
circuit courts are. Now, the question I have, I do understand
that by implementing the system, you are trying to eliminate unauthorized practice
of law which, in my opinion, is not the problem with the EOIR system. It
is definitely a major problem with USCIS. I see them all the time practicing
law unauthorized. Are we eventually going to implement this with USCIS?
Well, I’m glad that you asked in that way because it also ducktails
nicely with your request to be able to serve DHS.
I do know, immigration customs (department) and US Immigration
Services, both of them are at the Department of Homeland Security. So
I don’t have answers to those questions as we’re part of the Department of
Justice. We’re very separate entities and I would encourage you to contact
your liaisons there with those questions. Okay, thank you.
Thank you. Operator, next in queue.
, your line is open.
Hello. And she disconnected. I believe
that was by error, but we’ll go on. , your line is open.
Hi, yes. I’m with the Capital Area Immigrant’s Rights Coalition and, ,
who is on our staff was in the room and asked a question earlier and also
expressed our concerns around how this would impact on pro bono attorneys.
I have been on the Web site and looking at the various court hours and I see
that Arlington is going to essentially have open hours, to and then
to , whereas Baltimore is only going to have open hours for, like, the
first week of registration and then going to appointment only. I would strongly
encourage that one thing that would be very helpful to those organizations
working with pro bono attorneys is to really encourage courts to have open
hours. I’m concerned with an appointment only system,
that that might really be very limiting. So again, in the spirit in which
we’re all trying to, you know, encourage pro bono representation of immigrants,
that would be helpful. And then also just a point of clarification – how long is it
between – so you do you’re online registration and then you
go in and you present your ID. At which point does that then become live?
Could you do it on the same day as the hearing and then you go into the
hearing and you can tell the judge you’re all ready? Or is there some lag time
between when you’re going to get an email with that number? So just sort of
logistically, what is the time lag between you completing that second step and
you actually being registered and getting that number you need?
We expect, and of course, we will be going through this for the first
time with all of you as well on Monday, but our
expectation is that it will be approximately two hours after you appear.
Okay, thanks. And also, just noting back
to your hours, I’m sure you can imagine the
(chief) immigration judge has poured over, trying to figure out the most
availability possible for each immigration court. They’ve done – the
researchers and the staff that we have available – and continue to focus on the
mission which, of course, is adjudicating the cases.
While we want and know the registry will enhance that mission, we can’t
move our staff away from making sure that the courts are running smoothly to
accommodate (hours), so that’s why we have the appointments, so that if
people cannot make it, it’s too burdensome to get there when the court is
available and open, that they will be able to contact for appointments.
So just a point of clarification, I mean on the Web site, say for Baltimore,
there are no hours available after, I think, it is June th. It says by
appointment only, if I’m reading that correctly. So that was my point, that
they didn’t appear to have any walk-in hours. So my suggestion was to the extent possible,
that walk-in hours be maintained at all courts, whereas in Arlington, what’s
currently up on the Web site, is there are walk-in hours. It’s an open system
between and and to ongoing.
So I certainly understand the resource issue, certainly. It’s just in terms of, you
know, to the extent that this is made as user-friendly as possible, particularly
for those organizations that, you know, partner with pro bono law firms trying
to make this as easy for them as possible under…
Sure. And I understand. And Arlington is able to accommodate that.
But many of the courts will not be able to. And
in terms of user friendly, we want to make sure that people are aware that if
they walk in on July the th, if they just expect to walk in for an appointment
in Baltimore – and I’m not familiar with – I’m just using Baltimore as an example
because it’s what you gave. But they might sit there for three hours because
there’s no one to do it. And we don’t want that to happen to people and
that’s why we’ve established the hours the court knows for sure they can do.
As said, we’re, you know, if they’re able to be expanded because we
have more (resources) and staff available, we will certainly do that and update
the Web pages accordingly. But otherwise, outside of the hours posted to
the Web, it is by appointment only. And I understand that, but my
point is, when you go on Baltimore – and I was
just on it – there are no hours posted after the th. So just – that was just my point,
to the extent that there could be an addition to the appointment only. So
that’s the point I just wanted to make, so thanks.
Thank you. Operator, we can move on to the next question.
, your line is open now.
Hello? Yes, (Elizabeth)…
So, yes, it sounds like actually that the previous caller asked a
similar question to what I was planning to ask about. Thank
you. Okay, thank you.
(Stacy Jones), your line is open now.
(Stacy Jones) Hi. Thank you. I have a similar issue where we also work with a lot of pro
bono attorneys and have some of the same concerns. But more specifically, I
was just wondering if there were any plans for EOARs to send out notice
some sort of notice or something about the eRegistry process and
requirements to any attorneys who have currently pending cases before the
courts. And, you know, I’m just thinking that obviously
everyone in this room – in the room where you are and on the phone, you know,
we’ve been hearing about this and hear it from (AOLA) and, you know,
immigration attorneys will have heard about this but a lot of our pro bono
attorneys don’t regularly practice immigration law. And, you know, obviously
we’re planning to do our best to follow up with all
of our pro bono attorneys and let them know about all this in a timely fashion.
But as I’m sure you’re aware, a lot of immigration court cases can drag on for
years and years. There’s turnover at law firms. You know,
the attorneys don’t always keep in touch, you know, keep in contact with us as
much as we might like, and so I’m worried that, you know, some attorneys
just might not hear about this if they’re not in the normal practice of immigration
law. So I was just wondering if there were any
plans, like I said, to sort of send out a notice to anyone, an attorney that already
had a case pending, to let them know that, you know, perhaps by the next time
they come to court, they need to have complied with these new requirements.
Well, thanks for your comment. We just don’t have a way to do that. But
know that our focus also is on getting the word out. That’s why we’re having
this event today. That’s why we’ve been publishing documents to our Web
site even before they were really ready to go.
I don’t know if you were – if you saw any of the FAQs or instructions prior to
us even having dates available. We wanted everyone to know about this as
soon as we possibly could and we’ll continue our communications campaign
surrounding this as much as possible. However, I certainly understand your concern,
especially involving pro bono attorneys who might not have consistent contact.
That’s the perfect example in my mind and I’m not an immigration judge
and can’t speak for them, but of where an immigration judge might, in his or
her discretion, be able to grant the one-time exception or as a pro bono attorney who had
never heard of the registry because they hadn’t thought about
immigration law for a year. And, you know, this time next year they’re
– they go before the immigration court and are asked for their (URI) ID. That
seems like the perfect time that an immigration judge might be able to grant that
one time exception. (Stacy Jones) Okay, thank you.
Thank you. And there’s a question in the room operator.
Man My question, understanding that this one-time exception does not apply to (the
board) and . That is correct. Yes, so
the question in the room was could the Board of
Immigration Appeals allow the one-time exception? The answer to the
question is no. Man (Now with) a pro bono attorney file
with the board. Is the board going to just ignore the brief or compare
the brief to consider ?
The question in the room is what would the Board of Immigration Appeals
do if presented with a brief from an attorney who was not registered in
eRegistry? And the answer to the question is I don’t know. And I’d be happy
to get you an answer if you like to send an email.
Woman (Do one-time exceptions) for that that we can ? Lauren
Alder Reid It is discretionary, entirely discretionary. It is included, I believe,
in our FAQs and then I’m going to look to .
, is it in the new practice manual updates, the discretionary exceptions?
I believe it is. It is in the rules. Yes,
it is in the rules. .
Woman . Yes, so the standard is
extraordinary (measure), yes, as it’s published in
the rules and we believe there are also updates in the which is
available online currently. All right, operator, are there questions in queue?
Three at this time. Okay.
Mr. (Shuler), you’re line is open.
I’m sorry, that was a mistake on my part. I don’t have a question.
Okay, thank you. Our next, then, , your
line is open. I’d like to know, for the attorneys
who are sworn in one state under one name and sworn in a second state under another
name, should they be doing one registration listing both names or should they do two different
registrations, one for each name?
Well, there’s one registry allowed per person. So you would want to use
your current name and include both areas in which state in which you’re
licensed. And I don’t work for those states but I would encourage you to
update your name with the state bars. Great. And another question I
have is I’m not sure you really thought it
through when you estimated that to do the process of doing part one on the
Web, reading through the instructions, printing it out, going to the court,
getting through the building security, getting your ID checked, going back to
your office, that you think on average you think it’s going to take ten minutes
per person? Just the online portion,
sir. Just the online portion estimate was ten
minutes. We certainly – you know, that’s an estimate and an average, so it
might take some people a little bit longer if you were slower typers or readers,
perhaps or a little bit less time for someone who’s a little more adept at those
things. But no, it’s only the online portion that
the estimate is ten minutes. The – we certainly recognize it will take longer for
you to get to the court and park and go inside and take care of your photo identification.
Okay. You know, I’m glad you say that you don’t have to enter the ID
number until December , . I believe all of
the court notifications right now about their open hours have a contrary instruction
that you must use at the moment you get it. We very
much encourage you to use it the moment you get it but the
requirement is not until December th. Well, I want to point out to you
that every court has issued instructions with the wrong information about that because they’re
currently telling people they must use it the moment they get it which is
not the current instruction. Okay, well, we’ll (look)
at those pages. Thank you for pointing that out.
And we will update as necessary. And is there someone or some system
to make sure that the database will not be used for improper purposes? You’ll check
so that people aren’t using the database improperly?
Can you be a little more specific about what you would consider improper
use? I mean, each person is only able to access their own information.
Sure. Someone in (EIR) who has the database privileges to look at the whole
database decides to look at certain data for improper reasons – curious about
someone’s birthdate, curious how old someone is, curious where someone is
living. Well, I can only tell you
that (EOIR) employees, like any federal government employee, are subject to background
investigations so any such use of the database for purposes outside of
its intended purpose would certainly be subject to discipline. So…
You know, okay, I would feel much more comfortable if you actually had
someone periodically checking to make sure it’s actually being used properly
by (EOIR) employees. Thanks. Thank you. There’s a question in the
room, operator. Woman So as far as that
way know about the requirements that types of
laws from those .
The question in the room is whether there’ll be guidance from
headquarters to the individual immigration judges on how to apply the
exceptional circumstance exception for people who may not be registered
when they appear one time in court. To my knowledge, there’s not yet been any
such guidance, however, I’m sure the Office of the Chief Immigration Judge
is evaluating the need for that and if they feel it would be necessary, they would
issue an OPPM or something similar. However…
Woman . Great, and we appreciate
the feedback. However, do know that immigration judges are constantly undergoing
training and this is something that they have known is coming and they’re
aware of everything, so conversations are happening. Thank you. Go
ahead. Woman I just wanted to experiment.
It’s not only going to impact the and also .
(I don’t know how it feels) for my pro bonos but and it could
be overnight (ticket), a subpoena, like it’s going to be immigration
court has limited our hours and hopefully when those hours are available
come Monday are available in our system, we’ll start looking to implementing
registry and . The comment in the room
was just that there are – there’s a broader group
of attorneys who represent people before immigration court including the
court’s pro bono attorneys that may even include international attorneys and
that the impact on those who represent respondents before the board may be
even greater due to the photo identity verification portion of registration. Did I
capture that okay? Okay, thank you. And certainly, the other portion of her comment,
however, she was hoping to see how accommodating the court administrators
would be to allowing people for appointment hours if they’re unable
to make the posted hours. Certainly if you have any issues with that, you know, we
encourage you to try to go when the court has posted hours because that is
when we know there will be someone available for you and you can make
it. If you have issues, you’re not getting a
response or there’re other problems, please do email eregistration.info@usdoj.gov
and we’ll do our best to help. Operator, are there any questions in queue?
My last question is from . Your line is open.
Thank you. It’s already been addressed. Thank you very much today.
Bye. Thank you.
And I have no further questions over the phone lines. Okay,
operator, I’ll look at the room one more time while we wait and see
if anyone hits star for any questions on the phone. Any other questions in the
room? I’m getting a lot of no shaking heads. Anyone else on the phone,
operator? No, I have none.
We’ll give everyone one more minute.
I believe I’m getting a few in line. , your line is open.
Okay, the only question that I will have at this time is my phone was not
connected when you first started the program. I just want to know, what is the
first part of the registration? The first part of the registration
is the online portion where you’ll enter your basic personal information. And you’ll
then receive an email confirming that (ER) has received it.
However, I’d also like to note for you in case you weren’t on for this part as
well, as soon as we’re able to get a closed captioning of today’s presentation,
both the slide show and the audio portion, it will be available to you on our
Web site. So I’d encourage you to go back and catch what you didn’t hear.
Okay, give me your Web site address again. Sorry.
Www.justice.gov/eoir, and then you’ll be able to find this information
via the action center indeed with the (EOIR) link.
Okay, thanks. Thank you very much. Operator, next question.
, your line is open.
Thank you. I was just wondering, I heard the question regarding paralegals,
and how you could pass – your username and password but it would be
discouraged. I was wondering if there’ve been any plans, and if not, I would
perhaps suggest, for some type of sub-user account where paralegals could
sign in under a main attorney’s account so that the main purpose is for eFiling,
you know, a practical matter, you know, attorneys rely on paralegals for a lot
of that work. Well, if I used the word
discourage, I misspoke. I don’t dis- we don’t
discourage you from pairing. It’s just we encourage you to protect your
information, just like any username and password that you have. It’s yours
and it’s yours to do with as you see fit. In terms of making any sub-accounts, the purpose
of eRegistry is to register attorneys and employee (credit) representatives,
so at this time, there’s no plan for any kind of additional users.
Okay, thanks. Thank you.
I have no further questions at this time. Okay, we’ll
give folks a few more seconds. Anything in the room? Okay,
operator, if we don’t have any more questions, we’ll go ahead and end today’s
call. Actually, I just had one pop
in as you were speaking. ( ), your
line is open again. ( ) Hi. It’s me again. I’m
a little unclear on something. Can you hear me? I’m
sorry. I can.
( ) We get – when we register Monday, then we go to the spot where it says
the court can finish part two of this thing, right?
Correct. ( ) What if – are those hours
going to be just next week or is it going to be every
week or what if we miss that? We’re out of luck or what?
Well… ( ) How long does it go on for?
If you go to the individual – I don’t unfortunately have any of the
courts actually except for the ones mentioned today
in my head as to what time they’re available. But if you go to that
eRegistration initiative page, there’s an identity verification link and if you click
that, each immigration court is listed. If you choose the immigration court closest
to you, it will detail for you the days and hours they have available for you
to come in. In addition, and for some reason it is too burdensome for you to make it
during those posted days and hours, you can email the court administrator or
other email given to set up an appointment outside…
( ) Oh, I see. Okay, thank you. Thank you. Operator, anything
else? No, I have none at this time.
All right, I’ll give them a few seconds.
I have no questions in queue. Great, operator. At this
time, we’ll go ahead and end the call. Thank you
for your participation. The conference is now concluded.
All lines may disconnect. Thank you. Have a great day.https://t.co/2vYwVo5qMy …. https://t.co/8uHRMbRrC9
— Immigration in NY (@NySim1) 2 de enero de 2017
eoir42b
http://wvlewisfrn.com/tag/eoir-42b/
http://blog.lawyersinus.com/?s=eoir+42b+instructions
http://www.pardonscriminalrecords.ca/?s=eoir+42b+instructions
eoir42b
eoir 42b instructions
EOIR-42B, Non-Legal Permanent Resident Cancellation of Removal lpr
If you can prove that you meet the eligibility requirements and deserve an act of discretion by the immigration court judge, you may avoid removal and receive a green card using a form of relief known as “cancellation of removal” under § 240A of the Immigration and Nationality Act (I.N.A.).
Eoir 42 b. EOIR-42B, Non-Legal Permanent Resident Cancellation of Removal lpr
Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents
https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf
Immigration court. Apply for cancellation of removal
An NPR must file Form EOIR-42B while LPR must file Form EOIR-42A, fully and accurately. The form must be filed with the immigration Court where the alien’s case is pending.
Aliens must pay the filing and biometrics fees and comply with the Department of Homeland Security (DHS) instructions for providing biometric and biographic information to U.S. Citizenship & Immigration Services (USCIS).
It’s essential to serve a copy of your application on the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE), and you must file your application with the appropriate Immigration Court.
https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf
https://en.wikipedia.org/wiki/Cancellation_of_removal
http://bit.do/Immigration-court-Apply-for-cancellation-of-removal-EOIR-42B-EOIR-42A
How to apply for three or ten year cancelation of removal
Read the article here: How to apply for three or ten year cancelation of removal
http://rktbr.co/what-is-form-eoir-42b
http://rktbr.co/cancellation-of-removal-cases
http://bit.do/Immigration-court-Apply-for-cancellation-of-removal-EOIR-42B-EOIR-42A
What is form eoir-42b? Application for Cancellation of Removal and Adjustment of Status
https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf
Where to file eoir 42a ?
Get more information here: Where to file eoir 42a ?
Where to send eoir 42b ? Where to file eoir 42b ?
Where to mail eoir 42b? Get more information here: where to send eoir 42b ? Where to file eoir 42b? Get[…]
Eoir court
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Eoir court http://blog.lawyersinus.com/board-of-immigration-appeals-form-eoir-29-form-eoir-26-form-eoir-28-form-eoir-33-new-jersey-immigration-lawyer/ EOIR-42B, Non-Legal Permanent Resident Cancellation of Removal OCTOBER 6, 2016 LAWYER IN NEW JERSEY AND NEW[…]
EOIR-42B, Non-Legal Permanent Resident Cancellation of Removal
What is form 42b ?
Eoir 42b form
Eoir 42 a
How to Apply for Cancellation of Removal. Eoir 42b filing instructions.
How to Apply for Cancellation of Removal. Eoir 42b filing instructions. If you believe that you have met all the[…]
Form EOIR-42B. Instructions for Form EOIR-42B
Form EOIR-42A . Instructions for Form EOIR-42A
EOIR-42B, Non-Legal Permanent Resident Cancellation of Removal
EOIR-42B, Non-Legal Permanent Resident Cancellation of Removal What is 42b immigration ? http://blog.lawyersinus.com/what-is-form-42b/ http://blog.lawyersinus.com/eoir-42b-form/ Form EOIR-42B. Instructions[…]
What is the Eoir 42 b ?
Eoir 42b. Form eoir 42b
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What is 42b immigration ?
What is 42b immigration ?
Eoir 42a instructions
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Eoir 42a
What is Eoir 42b ?
Eoir 42a Eoir 26 form | Eoir 26 instructions What is eoir 26? Eoir 26 form? Adjustment of status[…]
Cancellation of removal requirements.
Cancellation of removal is also available to certain lawful permanent residents (LPR) that are convicted of one of more crimes involving moral turpitude.
To qualify for cancellation of removal, an LPR must demonstrate:
- To have been a LPR for at least 5 years at the time the application is filed;
- Prior to service of the Notice to Appear, or prior to committing a criminal or related offense referred to in sections 212(a)(2) and 237(a)(2) of the INA, or prior to committing a security or related offense referred to in section 237(a)(4) of the INA, to have had at least 7 years continuous residence in the United States after having been lawfully admitted in any status; and
- To have not been convicted of an aggravated felony.
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eoir42b
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How do you deport someone?
To report someone you think may be in the USA illegally, use this online form or call 1-866-347-2423 (in the U.S., Mexico, or Canada) or 1-802-872-6199 (from other countries). After the deportation process begins: An Immigration Court in the U.S. Department of Justice (DOJ) hears the related case.
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How many illegal immigrants have been deported?
The Obama administration deported a record 438,421 unauthorized immigrants in fiscal year 2013, continuing a streak of stepped up enforcement that has resulted in more than 2 million deportations since Obama took office, newly released Department of Homeland Security data show.
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Why would someone be deported?
The most common reason for people to be placed into removal proceedings is because there is evidence that they have been convicted of a crime. Specifically, immigrants are at risk of being deported if they are convicted of either what is called a “crime of moral turpitude” or an “aggravated felony.”
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How to Apply for Cancellation of Removal?
If you believe that you have met all the requirements for cancellation of removal, you must answer all the questions on the attached Form EOIR-42B fully and accurately.
You must pay the filing and biometrics fees and comply with the Department of Homeland Security (DHS) instructions for providing biometric and biographic information to USCIS, [available at http://uscis.gov].
You must also serve a copy of your application on the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE) as required in the proof of service on page 8 of this application, and you must file your application with the appropriate Immigration Court.
Presentation from EOIR eRegistry Program Stakeholder
Eoir 42b form https://t.co/2vYwVo5qMy …. https://t.co/8uHRMbRrC9
— Immigration in NY (@NySim1) 2 de enero de 2017
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Emergency Stay of Removal. Petition for Review I-246. –
The I-246 stay of removal form can be found HERE.
A stay of deportation is an order directly the Department of Homeland Security to refrain from removing an immigrant from USA.
It can be granted from the BIA or from a Federal Court.
In the alternative, an alien can apply with ICE for an administrative I-246 stay of removal.
Emergency Stay of Removal
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What should I do if I have been placed in Federal immigration removal proceedings?
Thousands of immigrants every year are placed into Federal immigration removal proceedings by the U.S. government. This is because only U.S. citizens and lawful permanent residents are allowed to live and work in the U.S.
Deportation proceedings can be triggered by many causes, such as:
• Visa overstay
• Violations of Visa conditions
• Illegally entering the country (EWI, entry without inspection)
• Commission of a crime
• Commission of fraud or misrepresentation to get immigration benefits
• Falsify immigration documents
A Notice to Appear (NTA) starts removal proceedings against an individual. The NTA will state the grounds for removability. An experienced immigration lawyer will contest the charges of removability and apply for any relief from removal.
Cancellation of removal is available to both lawful permanent residents (Green Card holders) and non-lawful permanent residents.
Green card holders that have been convicted of a crime involving moral turpitude can apply for cancellation of removal if they lived in the United States continuously for at least 7 years, of which 5 years as lawful permanent residents.
Non-lawful permanent residents can apply only if they lived in the U.S. for at least 10 years and they can prove to be of good moral character. The petition is filed with the immigration court through Form EOIR 42A and any supporting evidence.
Moreover, victims of domestic violence by a U.S. citizen of lawful permanent resident spouse can avoid deportation by filing a petition under the Violence Against Women Act (VAWA).
VAWA cases are generally filed by women, although men can apply as well if they can prove eligibility. The petition is filed with USCIS through Form I-360 along with evidence of the abuse, such as police reports, medical reports, pictures, letters, affidavits etc.
If the petition is approved, then a petition for adjustment of status maybe filed with the immigration Court and the abused spouse will receive his or her Green Card.
Applicant for cancellation of removal under section 240A(a)
An applicant for cancellation of removal under section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. ß 1229b(a) (Supp. V 1999), need not meet a threshold test requiring a showing of ìunusual or outstanding equitiesî before a balancing of the favorable and adverse factors of record will be made to determine whether relief should be granted in the exercise of discretion.
Matter of C-V-T-, Interim Decision 3342 (BIA 1998), clarified.
The respondent is a native and citizen of Mexico who adjusted his status to that of a lawful permanent resident on December 1, 1990.
On July 24, 2000, he was convicted of: possession and passing fraudulent resident alien cards, in violation of 18 U.S.C. ß 1546 (1994 & Supp. V 1999); failure to provide migrant workers with terms and conditions of employment, in violation of 29 U.S.C. ß 1821 (1994 & Supp. V 1999) and 29 U.S.C. ß 1851 (1994); and illegal entry or aiding and abetting illegal entry, in violation of 8 U.S.C. ß 1325 (1994 & Supp. V 1999) and 18 U.S.C. ß 2 (1994).
The respondent was sentenced to 8 months of imprisonment for each of the first two offenses, and to 6 months of imprisonment for third offense, with all sentences to run concurrently.
Evidence contained in the record indicates that between January and August 1999, the respondent smuggled aliens into the United States for a fee of approximately $1,500 per person. In addition, he charged each individual approximately $80 per month for rent and $35 per week for transportation to and from work. He sold fraudulent alien registration and Social Security cards to the aliens for approximately $100 apiece. Moreover, the respondent was paid $400 per person for transporting aliens from Arizona to Idaho.
https://www.law.cornell.edu/cfr/text/8/241.6
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Petition for Review. Stay of removal 8 C.F.R. 241.6. Federal court stay of removal –
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- BOARD OF IMMIGRATION APPEALS https://www.justice.gov/eoir/board-of-immigration-appeals
- [PDF]Matter of DIAZ-GARCIA, 25 I&N Dec. 794 (BIA 2012) https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3751.pdf
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- BOARD OF IMMIGRATION APPEALS https://www.justice.gov/eoir/board-of-immigration-appeals
- [PDF]Matter of DIAZ-GARCIA, 25 I&N Dec. 794 (BIA 2012) https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3751.pdf
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- BOARD OF IMMIGRATION APPEALS https://www.justice.gov/eoir/board-of-immigration-appeals
- [PDF]Matter of DIAZ-GARCIA, 25 I&N Dec. 794 (BIA 2012) https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3751.pdf
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What should I do if I have been placed in Federal immigration removal proceedings?
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Deportation Of Mexican Americans During The 1930s
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What is Removal Proceedings?
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Deportation From Usa To Jamaica
¿Necesitas información de un abogados de inmigración gratis?.
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Are you eligible for cancellation of removal?
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http://www.easyvisas.ca/overview-of-the-removal-or-deportation-hearings-process/
http://www.dglitigators.com/overview-of-the-removal-or-deportation-hearings-process/
http://www.immigrationlawyernewyorkny.com/overview-removal-deportation-hearings-process/
http://www.pardonscriminalrecords.ca/overview-removal-deportation-hearings-process/
Categories of immigrants are not eligible for cancellation of removal under section 240A(b)(1) of the INA
Orders of removal and applications for relief from removal
Get more information about LPR cancellation of removal, INA 240A(a). 212 c 212(c) Waiver here:
https://www.justice.gov/eoir/immigration-judge-benchbook-212c-standard
http://bit.ly/212-c-waiver-Permanent-Resident-LPR-removable-criminal-convictions
http://bit.ly/212-c-waiver-form-212-c-waiver-requirements
http://bit.ly/What-is-212-c-waiver
How to apply for cancellation of removal?
Cancellation of removal with an immigration court
http://bit.do/Immigration-court-Apply-for-cancellation-of-removal-EOIR-42B-EOIR-42A
Orders of removal
Denials of applications for relief from removal
Eligible for cancellation of removal under section 240A(b)(1) of the INA
How to prevent my deportation | Provisional Waiver
I am Immigration attorney here in New York City today I’m going to get a little bit of information about a process called a provisional waiver.
If you entered the United States with a Visa right then you have one route that you can take under the law and order to ultimately get your your lawful status and that
Really is called adjustment of status on the other hand, if you enter the United States and some other manner free sample crossing the border without inspection then even though you’re married to a citizen or even though your parents as a citizen you’re not going to be able to finally processed your immigration papers here in the United States instead you’re going to have to hop on an airplane and go back to the consulate the American.
Set in your country in order to finalize your status so what happened is that in March of 2013 the administration instituted a change to the waiver process and that is that they created a system whereby a person could apply for a provisional waiver the provision would be that you depart after the waiver is approved and the key change was simply when you had to apply for the waiver so whereas before you had to leave the United States and apply for waiver at the consulate now you can file for your waiver before your departure and then wait in the United States until you receive a decision on your application and if your application for a waiver is approved then what happens is you then get on an airplane go to the American Embassy if your appointment and then generally speaking
if there are no other problems immigrant Visa will be issued and you’ll be able to turn to the United in the next post we’ll talk a little bit about to prove that you’re eligible for the waiver the first thing that will happen is your relatives your you at citizen relative will file an immigrant Visa petition form i-130 your behalf with the United States citizenship and immigration service and you send that in with proof that there a citizen with proof that there you’re there your family member where that be a birth certificate or marriage and then generally it’s taking about 7 months now for those petitions to be approved after it’s approved the petition is then forwarded to another agency which is called the national visa center the national visa center at will then send you a bill and I’ll say hey please pay this money so we can continue processing at the point of you’re paying for your immigrant Visa you then will file another application which is called and I 601a application for provisional waiver of inadmissibility that form will be filed with USCIS here in the United States when you filed that petition you have to be able to show that without you the alien in the United States you are u.s. citizen will suffer and extreme hardship without you and that’s the difficult part about a 601 waiver that is proving that your spouse or parent or child Rivers petitioning for you will suffer an extreme hardship without you assuming you can do that then the service United States citizenship and immigration service will approve or deny your petition your application for waiver if they approve it then they notify the national visa center the national visa center will then continue processing your immigrant Visa asking you for some more.
You will then send those and then eventually the national visa center of forward your entire immigrant visa application to the American Consulate the American Consul will then schedule an interview and it’s at that point in time that your family member will have to jump on an airplane generally about two weeks before the interview and depart now upon arrival and their country I’ll go and get fingerprinted still go and have a blood test and then they will go at 10 their interview now at the moment of their interview they’re going to have an approved provisional waiver and that waiver waves the 10-year ba which was it which was a crude as a result of their having been in the United States for more than when you’re really going now app on presenting that that will no longer be a basis for them to refuse issue and then we’re going to be on that Gramps and presumably if there are no other basis upon which they could refuse an immigrant Visa like a criminal history or prior deportation or some earlier attempt to obtain an immigration benefit through fraud then they should issue you an immigrant Visa at which point you would be able to get on an airplane return to the United States and be granted your lawful permanent residency this is a pro this is proving that your spouse or parent or child will suffer extreme hardship and that’s something that is a complex issue and it’s something that I will address and try to clarify in another video thank you if you have any questions about how to handle this type of process of course that is within my expertise that’s the kind of cases we like to do we like to help families resolve their migration status so they can live together in the United States thanks you for listening and feel free to call us or send us an email with any of your questions thank you.
Can I obtain a One and the same Person Court order? –
Can I obtain a One and the same Person Court order?
Sometimes it is necessary to obtain a “One and the same person Court order” from a State or Federal jurisdiction in order to obtain specific benefits, such as:
• Payment of benefits
• Inheritance purposes
• Tax purposes
Moreover, a One and the same person Court order is often required to file an application for Italian Dual Citizenship.
Italian law is based on the Jus Sanguinis principle, under which it is possible to claim the right to Italian citizenship by ancestry if it can be proven that there is an ancestor in the family that was an Italian citizen.
Many Italian immigrants arriving to New York (Ellis Island) during the 1900’s changed their names during the immigration process. In cases like this, there are inconsistencies between documents (generally, between birth and death certificates), which make it very difficult to prove that the required ancestral relation exists.
The problem may be solved with a One and the same person Court order. In order to get it, it is often necessary to hire a licensed Citizenship Lawyer in New York.
The procedure involves a lawsuit against the State of New York.
Once a petition for a declaratory judgment is filed, the Attorney General for the State of New York may or may not file an answer and oppose the request. The decision depends from what kind of supporting evidence is filed with the Court in support of the application for declaratory judgment.
The most complex task in a case for a One and the same Court order is to link the Italian and American names of the ancestor. This requires a comprehensive investigation into the records of both Italian and New York City Halls.
If the order is entered by the Court, the Italian Consulate (ufficio immigrazione) will be bound by it, and will not be able to deny the citizenship case on the basis of the discrepancies in the documents.
http://blog.lawyersinus.com/immigration-court-nyc/
Immigration court change of address
Appellate Law – Appeals Lawyer New York City – NYC – Supreme court appellate division
http://www.criminalimmigrationlawyer.com/Deportation-Defense/New-York-Immigration-Court.aspx
http://blog.lawyersinus.com/new-york-immigration-court-address-new-york-immigration-court-address
How do I change venue from the Buffalo immigration Court?
Listen to the judge to see whether he or she wants you to do anything before the hearing or to bring anything with you to your next hearing be sure to do what the judge asks if you said you would like time to look for a lawyer you must try to find a lawyer to help you before the next court date what else should I know each time the judge gives you a new hearing date you must attend if you do not the judge can order you deported in your absence and you will lose your right to apply to stay here sometimes the chords to change the date of your hearing if so it will mail you a new hearing notice with a new date and time therefore it is very important that the court has your current address and telephone number if your address or telephone number changes you must tell the court within 5 days you can ask the clerk in the courtroom or at the reception window to give you a change of address form what if I cannot come to a court hearing if you cannot come to your hearing it is very important that you change it beforehand you can do this by filing a motion to continue which ask the court to move a hearing date try to find a lawyer or legal aid organization to help you you must have a good reason to request a change the judge will grant or deny your request if it is less than two weeks from your hearing date it is usually too late to file a motion to continue but if you did not go to your hearing and you did not file a motion to continue it is likely that the judge will order you deported where can I find more information or talk with a lawyer about going to court for more information on removal hearings at Immigration Court call one of the following organizations the national immigrant Justice Center World relief catholic Charities or visit
— IMM_AMM (@IMM_AMM) 14 de abril de 2017
Can a Federal Immigration Court revoke Green Card status?. Remove 2 year conditional green card. –
Get Your Guide to Avoid “Remove 2 year conditional green card” here.
Can a Federal Immigration Court revoke Green Card status?
Cancellation of adjustment of status to Lawful Permanent Resident (LPR) status is called rescission.
The rescission of a green card (lawful permanent resident status) returns a foreign national to the visa status (e.g., nonimmigrant or temporary) held before the green card was obtained; if the foreign national is no longer eligible for that temporary status, he or she becomes subject to removal from the United States.
INA § 246(a) provides that “If, at any time within five years after the status of a person has been otherwise adjusted … to that of [a person] lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person.
And the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the [person]’s status prior to commencement of procedures to remove the [person] under section 1229a [INA § 240] of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the [person]’s status.”
Get Your Guide to “Remove 2 year conditional green card” here.
Rescission can be used by USCIS only in limited instances:
a) USCIS determines that the alien was not eligible for adjustment of status at the time that permanent residence was granted; and
b) the alien would have not been eligible for adjustment under any other provision of law.
In most cases, USCIS can place the alien into removal proceedings under Section 240 of the Act with a Notice to Appear. See Matter of Saunders.
Rescission proceedings are necessary to eliminate an improperly granted benefit. In most instances, it results in the alien having no lawful status and being subject to deportation proceedings. Rescission proceedings require a hearing before an immigration judge.
The district office which has jurisdiction and starts the rescission proceedings is the one where the alien has residence, except when an asylum office granted an alien’s adjustment of status under section 209(b) of the Act and 8 CFR 240 . In this case, the director of that asylum office will have jurisdiction. In all other cases, the district director having jurisdiction over the person’s residence has jurisdiction over the initiating of rescission proceedings.
With respect to marriage-based conditional permanent residents, the two year period that an alien spends as a conditional resident will be counted as part of the five year limitation under section 246 of the Act, except for those aliens who are conditional residents pursuant to Section 216 of the Act. Matter of Carrillo-Gutierrez, 16 I & N Dec. 429 (BIA 1977)
Under Carrilo-Gutierrez, the five-year limitation period for rescission runs from the date that application of adjustment of status is approved.
These are the procedures that should be followed in those cases where USCIS chooses to start rescission proceedings to revoke Green Card status.
These procedures must be consistent with Constitutional due process rights, like in the process of revocation of U.S. Citizenship.
The subject of a rescission proceeding has a right to respond to the Notice to Appear and contest the allegations contained therein.
In Matter of Saunders, the Board of Immigration Appeals stated that “the respondent was seriously prejudiced by the failure to have a hearing in the rescission proceedings.
The vigor with which the Service resists affording him that opportunity is somewhat startling, given the somewhat unusual facts of the case. It is a fact that the respondent did not receive the letter advising of an intention to rescind.”
Therefore the case must primarily be referred to the Office of the District Counsel. A USCIS attorney will review the case, and if it is found legally sufficient, he can try to revoke Green Card status by prosecuting the case in federal immigration court.
The USCIS attorney must present the case before the immigration judge based upon the evidence that you have provided.
The case must be well-prepared and based on clear, convincing, and unequivocal evidence, otherwise the judge will rule against USCIS.
There must be evidence of a fraudulent act of the subject in order to legitimate USCIS rescission proceedings after the 5-years period.
Moreover, in Matter of Boromand, 17 I & N 450 (BIA 1980), the Board ruled that in order to deny a 245 adjustment or to subsequently rescind lawful permanent residence based on a marriage, the evidence must establish that the marriage was a sham or fraudulent or that it was legally dissolved at the time of the adjustment. A marriage which is non-viable (e.g., where the couple has terminated the marriage or has separated without chance of reconciling), but not necessarily fraudulent, may not support a rescission.
Finally, the USCIS Adjudicators Field Manual that provides that “the fact that an LPR was not eligible for adjustment of status does not automatically mean that you must rescind the LPR’s lawful permanent resident status.
If the LPR was not aware of the ineligibility and intended no fraud or deception in obtaining lawful permanent resident status, you may decide not to institute rescission proceedings, particularly if the LPR has accrued other equities during his or her residence.
Once the decision not to rescind is made, the matter may not be reconsidered unless new facts are uncovered that were not known at the time of the original decision.”
http://www.lawcourts.ca/immigration-court-new-york-varick-street-change-address-immigration-court/
Can a Federal Immigration Court revoke Green Card status? https://t.co/w2hFE3yTEV https://t.co/5NLIjLjX4w
— xemasodixym2 (@xemasodixym2) 10 de enero de 2017
#GreenCard #Immigration #Lawyer in #NewJersey https://t.co/3CQ6QYZrJr pic.twitter.com/yaluYzM589
— US Visa Investors (@visa_investors) 5 de abril de 2016
Can #citizenship be revoked ? https://t.co/Zzg5cpz4CC
— ImmigrationLawyerNJ (@Immigrationinnj) 24 de mayo de 2017
Lista De Deportados De Estados Unidos A México 2016-
(Consulte a AQUÍ con abogado de inmigración cómo evitar la deportación)
Lista De Deportados De Estados Unidos A México 2016
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
¿Necesitas información de un abogados de inmigración gratis?.
Discurso de Obama sobre la Acción Ejecutiva (En español) – Abogado NYC & NJ
http://blog.lawyersinus.com/Lista-De-Inmigrantes-Detenidos-En-Estados-Unidos-
Visados americanos – Abogado NYC & NJ
http://www.abogados.me/tag/americanos/
alternativas de Visados Archives – Abogado NYC & NJ
Al Dreams Archives – Abogado NYC & NJ
Abogado y Abogada de inmigración en NJ
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Acuerdo comercial – Abogado NYC & NJ
Visados para un acuerdo comercial con Empresas en los Estados Unidos – Abogado NYC & NJ
http://www.abogados.me/tag/un-acuerdo-comercial/
Abogado Inmigración en New York – Abogado NYC & NJ
Abogado de inmigración – Abogado NYC & NJ
Abogado y Abogada de inmigración en NJ
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Types of US Visas Archives – Abogado NYC & NJ
Tribunales de justicia del Distrito Federal Archives – Abogado NYC & NJ
The E-1 and E-2 Visa for the Status of Importer/Exporter and Investor. –
The “E” visa will allow foreign citizens of designated countries to be eligible for the status of the E visa as importer, exporter or investor.
In order to qualify as importer/exporter (E1) in the United States, a business person will have to trade goods or services and be able to manage the company.
At the present time, E1 visas are defined as the trading of goods and particular services such as banking services, financial services and within the airline industry.
However, the trading of goods and services has recently been extended with no specific restrictions as to type of goods or services, including the transfer of technology.
An individual can benefit from a non-immigrant E1 visa if:
1. He (or his company) are foreign nationals or a foreign corporate entity has at least 50% stock interest in the U.S. company.
2. He comes to the United States in order to transact multiple transactions (50% or more of gross volume of the U.S. company) between his home country and the United States;
3. He is involved in administrative operations or has specialized qualifications which are essential to the operations of the U.S. employer;
4. He leaves the United States upon expiration of his visa.
In order to qualify for an E2 investor visa, the investor must develop and manage the operations of a company in which he has invested or is in the process of investing a “sizeable” amount of money.
The E-2 Visa is the most popular option for foreign nationals who want to come to the U.S. to invest in an existing business or start their own business.
Virtually any legal activity qualifies for purposes of E-2 Visa classification.
http://www.simonebertollini.com/Immigration-Law/Business-Immigration/E-2-Visa.aspx
An E2 visa can be issued if it has been ascertained by the U.S. Consulate that:
1. This person is a foreign national or that his U.S. company has 50% or more foreign shareholders;
2. The U.S. company in which he has invested, will invest or has already invested a “sizeable” amount of money (generally greater than $100,000 of risk capital) in a real commercial business in the United States;
3. That person has been appointed to administer the company or possesses specific qualifications which are essential to the functioning of the company; 4. His investment is not his only source of income;
5. His investment is real or is imminently in the process of becoming a reality; 6. That person will leave the United States upon expiration of his visa (generally up to 5 years).
Importer/exporter or investor visas can be obtained in any American Consulate or Embassy in the world, normally in the country of the last residence of the applicant.
The E visa can be delivered to companies belonging to one individual investor or to multinationals.
It is equally available for key personnel of companies which meet the investor requirements. Its approval time can vary, usually no greater than four months if there are no complications.
The E visas are generally issued for periods of 5 years and can be renewed indefinitely with Consular or State Department approval or revalidation.
They can be extended in the U.S. for 2 years by applying to the Immigration Service in the area where the head office of the company is located.
The importers, exporters and investors can live in the United States as long as they maintain their eligibility according to the requirements of the treaties.
Permanent residency, through use of the E-2 visa, is available only under very narrow circumstances and should be analyzed carefully before proceeding.
What are rescission proceedings? Rescission proceedings. –
Deportation Proceedings – Removal Deportation
Immigration Deportation Defense New York – New Jersey. Rescinding a motion
Deportation Defense Lawyer. Deportation law firm New Jersey (NJ)
Can a Federal Immigration Court revoke Green Card status?. Remove 2 year conditional green card. –
http://blog.lawyersinus.com/section-13-diplomat-section-13-diplomat
Rescission proceedings https://t.co/i4zqD1cayg
— IMM_AMM (@IMM_AMM) 24 de diciembre de 2016
rescission proceedings rescission proceedings… https://t.co/0Z3NyrryAO
— Immigration in NY (@NySim1) 24 de diciembre de 2016
eoir42b rescission proceedingshttps://t.co/h5GnnvAdxt https://t.co/LkRs6PGhSK
— Immigration in NY (@NySim1) 18 de enero de 2017
Italian dual citizenship services –
Italian dual citizenship services
As a Dually Citizenship Lawyer in NYC, I receive inquiries by citizens of Italian ancestry that wish to obtain Italian American Dual Citizenship.
USA law does not formally recognize dual citizenship, but it does not prohibit it either.
According to the U.S. State Department website, federal law “does not mention dual nationality or require a person to choose one citizenship or another.”
To find out whether you qualify or not for Dual Italian Citizenship, it is often necessary to conduct a comprehensive Genealogy Search.
After obtaining Dual Italian Citizenship, it is possible to get an Italian Passport.
An Italian passport holder can enjoy the advantages of travelling, working, and retiring in Italy as well as any State of the European Union without all the complicated bureaucracy that would be otherwise required to an American citizen.
Italian dual citizenship services.
Call (212) 235-1525
Italian dual citizenship services https://t.co/14HCbgBN94
— IMM_AMM (@IMM_AMM) 18 de septiembre de 2016
EUROPEAN PASSPORT FOR U.S. CITIZENS OF ITALIAN DESCENT
The EOIR-26. Appeal a decision by an Immigration Judge. Applicant file. Notice of Appeal (EOIR-26) –
The EOIR-26. Appeal a decision by an Immigration Judge. Applicant file. Notice of Appeal (EOIR-26)
Notice of appeal eoir-26. Bia appeal
What happens if I lose my case at immigration court? –
What happens if I lose my case at immigration court?
Deportation Problems? Call us (973) 814-4408
Deportation Defense Lawyer in NYC (New York).
Deportation-Defense in New Jersey
How do people get caught for deportation by immigration? –
Can a DUI get me deported?
Can a DUI get me deported?
Deportation Problems? Call us (973) 814-4408
Deportation Defense Lawyer in NYC (New York).
Deportation-Defense in New Jersey
The 5 types of crimes that will get you deported –
The 5 types of crimes that will get you deported
Deportation Problems? Call us (973) 814-4408
Deportation Defense Lawyer in NYC (New York).
Deportation-Defense in New Jersey
This is what a deportation looks like –
This is what a deportation looks like
Deportation Problems? Call us (973) 814-4408
Deportation Defense Lawyer in NYC (New York).
Deportation-Defense in New Jersey
What is B1 visa means ? B1 Visa for Business –
What is b1 visa means ?
A B visa is one of a category of non-immigrant visas issued by the United States government to foreign citizens seeking entry for a temporary period.
https://en.wikipedia.org/wiki/B_visa
B1 Business Visa Lawyer | B-1 Investor | New York Immigration Attorney
The B1 Visa is intended for foreign nationals who intend to come to the United States for business activities of temporary nature.
The B-1 Visa allows many activity that do not constitute employment, such as:
- Attend business meetings
- Negotiate business and real estate contracts
- Participate in academic conferences
- Control the operations of a Company in which the foreign national has invested
- Receive temporary training from a U.S. Company
- Settle an estate
It is generally not allowed to work with a B-1 Visa, although there are very limited exceptions to this rule, such as the B-1 in lieu of the H-1B.
What is a tourist visa?
Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2).
What is meant by business visa?
Business Visa is a non-immigrant visa to the USA. It is called B1 visa. Those who would like to travel to the U.S. for a short duration for business related reasons that do not require actual labor work or receiving payment from a U.S. source can apply for a business visa.
What is the B1 Visa for Business?
The B1 Visa or “Visitor for Business” Visa is intended for Business travelers who come to the United States for business activities of temporary nature and related activities that do not require actual labor work.
The B-1 is a non-immigrant Visa and is obtained at the U.S. Consulate of the Country where the foreign national resides.
While in the United States as Business visitor, an individual may:
– Attend business meetings;
– Negotiate business and real estate contracts;
– Participate in academic conferences;
– Discuss planned investment or purchases;
– Solicit sales;
– Make investments or purchases;
– Control the operations of a Company in which the foreign national has invested;
– Receive temporary training from a U.S. Company;
– Settle an estate;
– Interview and hire staff;
– Conduct research.
It is generally not allowed to work with a B-1 Visa, although there are very limited exceptions to this rule, such as the B-1 in lieu of the H-1B. Running a business and gainful employment require a working visa application.
If you are caught working on the B1 Visa, you may be placed in deportation proceedings and you will need to retain a defense lawyer.
Those entering with a B1 visa will generally be granted 6 months admission by the immigration officer at the U.S. Customs & Border Protection (CBP).
The maximum allowable period is one year and the CBP officer has absolute discretion to decide the length of the stay (1 to 12 months).
If you are denied entry to the United States, you can file an immigration appeal.
It may be possible to obtain a six-month extension to the visit visa as long as the candidate will be maintaining his or her visitor status.
The B1 Visa can be issued for a single entry or for multiple entries.
If you are in the United States in another valid nonimmigrant status, you may be eligible to change to B-1 status, filing a Form I-539 (Application to Extend/Change Nonimmigrant Status).
If you are from a Visa Waiver Program country, the denial of the B-1 Visa will automatically revoke an already approved travel authorization, and might prevent you from getting one.
Spouse and children are not eligible to obtain a dependent visa.
If they were to accompany you, they would have to apply for a B-2 tourist visa.
Business visa b1
What is the B-1 Business Visa?
The B1 Visa or “Visitor for Business” Visa is intended for Business travelers who come to the United States for business activities of temporary nature and related activities that do not require actual labor work.
The B-1 is a non-immigrant Visa and is obtained at the U.S. Consulate of the Country where the foreign national resides.
While in the United States as Business visitor, an individual may:
- Attend business meetings;
- Negotiate business and real estate contracts;
- Participate in academic conferences;
- Discuss planned investment or purchases;
- Solicit sales;
- Make investments or purchases;
- Control the operations of a Company in which the foreign national has invested;
- Receive temporary training from a U.S. Company;
- Settle an estate;
- Interview and hire staff;
- Conduct research.
It is generally not allowed to work with a B-1 Visa, although there are very limited exceptions to this rule, such as the B-1 in lieu of the H-1B. Running a business and
gainful employment require a working visa application. If you are caught working on the B1 Visa, you may be placed in deportation proceedings and you will need to retain a defense lawyer.
Those entering with a B1 visa will generally be granted 6 months admission by the immigration officer at the U.S. Customs & Border Protection (CBP).
The maximum allowable period is one year and the CBP officer has absolute discretion to decide the length of the stay (1 to 12 months).
If you are denied entry to the United States, you can file an immigration appeal.
It may be possible to obtain a six-month extension to the visit visa as long as the candidate will be maintaining his or her visitor status.
The B1 Visa can be issued for a single entry or for multiple entries.
If you are in the United States in another valid nonimmigrant status, you may be eligible to change to B-1 status, filing a Form I-539 (Application to Extend/Change Nonimmigrant Status).
If you are from a Visa Waiver Program country, the denial of the B-1 Visa will automatically revoke an already approved travel authorization, and might prevent you from getting one.
Spouse and children are not eligible to obtain a dependent visa.
If they were to accompany you, they would have to apply for a B-2 tourist visa.
Business Visas
The United States and foreign countries have attempted to facilitate investments and exchanges as well as professional commercial services between business people who are American and qualified foreign nationals thus allowing them to cross international borders with a greater degree of frequency and legal authority.
Four visa categories have been established relative to such movement:
1. The B1 visa for business visitors;
2. The H visa for professionals;
3. The E1 and E2 visa for importers/exporters and investors;
4. The L1 visa for intracorporate transfers;
In order to be able to use one of these temporary visas within their framework, it is imperative that applicants be business people.
The agreements define a business person to be one who is involved in the trade of goods or services or who is an active investor.
The principal objective of the immigration status is to ease travel for business people, be they American or foreigners, between reciprocal countries on the condition that they do not intend to establish a permanent residence in the U.S.A.
The B-1 Visa for Business Visitors.
In order to be able to enter temporarily in the United States, a business visitor must declare the specific reasons for his visit and should be included in one of the seven professional categories.
They are the following:
research and design; business expansion; manufacturing and production; marketing; sales; distribution; active sales service; general services such as: management, financial services, public relations, advertising and tourism.
Professionals and people who do business without being paid in the United States, will have to acquire a B-1 visa at the American Consulate in their home country.
Moreover, a person can enter the United States with a B1 visa for the purpose of after sales service on equipment or machinery bought in a foreign country.
This will apply for the life of the guaranty or service agreement.
The business visitors not listed above with a B1 visa will be equally admitted without another visa for as long as they can prove at the border, that they come temporarily to the United States to do legitimate business, to attend a conference, or for any other legitimate business reason and as long as they are not paid a salary while in the United States.
214(b) Visa Denial: How to Avoid It and Can You Overcome It?
Tourist visa Meaning
What Is A H1B Visa?
B1 visa interview questions and answers
VISA B1. VIAJES DE NEGOCIOS A LOS ESTADOS UNIDOS – Abogado NYC & NJ
composite is missing well I don’t love me I do not which is lying be one reason one of those of you i bring this there’s nothing and you won’t play but then that might have faced situations where even the simple reason like eat business visa just got why is it I’m going to try this session for an interactive basis because the this is one of the simplest of the reasons and most of you must be familiar with the steps and the slides are there just to value through but it is going to be more of an interactive session and get here by my side will help me out there is a difficult situation may be on that situation right ok so any country and business visa is not specific to any country to us is that they’re all countries whether if somebody wants to come from India of somebody wants to go to Pakistan every country has gone out of business visa and general certain prerequisites which each and every applicant or beneficial we need to form can you bring some of the basic . was it software business visa yes yes non-immigrant visa assistance activities yes i know what i mean by pharmaceutical business sector with those issues in our town employment yeah one major prerequisite kind of condition but you must do to list the indenture we only joke don’t do business and not to burn a Saturday or whether you’re not supposed to get paid for whatever you wrote that you might have gone back up rain but then you are not supposed to get be not supposed to drop our there’s no check that will be given to you know for services rendered that’s really care so but most of the many of you are aware and people are going to any country are rarities of basic prerequisites as well as the business aspects of what the spider plant still sometimes we can’t predict it and great do making profit up in improper communication communication skills communication skills yes yeah the person that doesn’t want us to work scope of activities purpose of the officer in time it’s basically a lack of knowledge of what Bruce how to answer what you answer when a situation that wants a face with this her surprise question so attaining like this will help to narrow those gaps so we have class now we have some of the steps that are lined up wake up as to how to prepare a candidate for the interview because of what you said and done even if it is Abby visa there is a cost the company because and after a long hard work if the candidate goes and does very badly in the interview it’s a lot of money lost I’m lost opportunities lost as well as the organization is right but most of the companies who have been speaking to they have wireless that the group is a major challenge as far as babies are concerned but there are some who need some more traditional knowledge and up please why the question is to those of you are already familiar maybe you can integrate your thoughts that is something that you wish you can add value ok so i think a girl for these slides so the as well as business reasons are concerned the it should be for a temporary assignment of less than six months and that the overseas employer many people policies and blood ok and living Empire variable Z that means what about forwarding services menacing also implied from a u.s. perspective ok so magical organization in the US and sponsoring an individual who come from some of the country and your presentation for given demonstration of whatever now industry regulator is not growing any extra money it was just basically from what the product on a plane that’s what we make up us office made people expenses but no money for the services rendered any nationality is a little there’s no cap on this country of that country many nationalities eligible and unlike other reasons where some partner work especially in most appropriate swear L and edges and Warren I don’t substantial part of the world is also done on the other side of the book that is like John and applying for an era hora edge whatever book starts from the figures from that but that is what the east over here the entire process muffaletta for response directly from Jake what I got from me US company yes we would likely why this particular gentleman for this reading or others monsters and what rest of the lesson activities happen here in can anybody tell me one of the sequence of steps once you decide what’s the organization designed for saying X person to us out of business visa work the win some steps let it not be the same person internationally like in addition of Revelation back from the glide rich man’s lips because at HDFC Bank the actual whatever the US government related fees and then the video press charges all this has to be positive yeah HDFC decided I don’t number and then looking for a login for an apartment yes you something that yes we showed up a letter directly to see then you should go log in that seat number with the appropriate place named Lena water forms is and Priscilla one-play seven there’s one more there’s auction place this folds of your forms function sometimes if you have a lot of time do you guys use the g year for this forum for this application . and usually get them yourself I think some offers they may some energy with that one nothing about it like when I prepare one for my clients sometimes like eventually but do it yourself some offers don’t do this anyway it’s like to have many men that embassy it live ok so and said those students first forms when you said you were going to let me know where and then the last one is actually if you are meeting the service from then on to that that student here well one of the benefits and then you tell me one of the benefits of sending a person on the one possibly happening lower the possibility of getting a little faster way of yes great anybody on the streets out it is a cost-effective because if you plan to send one of your nose leaks to do just for three months and this is the most cheapest cost effect soup defective it’s also flexible you know it allows user to see you but mr. Campbell that b is nice if that’s everybody likes you know somebody said it’s it’s quick can be done in a variety of situations where an h-b might not work well one might not work because the person has worked with the company long enough or they don’t have the right skill set for an h-b here it’s not the hi this marathon like founder of immigration BS and in this video we’re going to talk about how to prepare for interview when you’re applying for your tourist the advanced let’s be too busy so what do you need when you are getting ready first of all you have to file the s form the is and you can find this form at the US Embassy then you have to pay the fee empathy fee is usually around a hundred twenty eight euros so a hundred sixty dollars I believe you can double check that also what do you mean is armed it’s too if you are from the country that is eligible for s time then you have to make sure that you explain why are you applying for babies and babies are there is a slight difference between be an STI and I talked about the difference in my other video and the main reason the main difference is that essays for days and you can change your status babies are it’s a similar similar visa as esta but the difference is you can change your status or you can extend extend your visa while in the US basically you’re extending the stay not necessarily the visa because you get the visa system into your passport for years so it’s very important to get clear why you want these babies are because they will ask you during your interview what is your intention and make sure that your intention is not to work in the US and not to stay there illegally as well you can you can go to the US are using babies are you coming as a tourist or you’re going for a business meeting or you coming for a conference same same purpose same reason and when you are going to use on st however issued planning to stay longer and days then it’s a good valid reason for you to apply for b visa so what do you need you need to be is you need to pay the fee you need to apply and scheduled interview now you have to her bank statements showing that you have an offense to cover your troubles what are you going to take four months so about three thousand dollars in your bank account should be fine then you have to show that you have tax your home country so what do I mean by that that you have family business empire in your home country and you’re planning to return it must be clear that you’re not going to stay in the US and if you check all these points you should be fine so if you have any questions please leave them below if you like check out our blog where you can find more information about this topic at k can you introduce yourself my name is Lonnie everyone call me sona I’m happy good dancer years and stay here only in a sec and completed my GC from my college two months before alright so why are you interested in studying abroad my father always telling me that I’m very good girl and he will sing abroad my job will be always good they’re added like a sting outside would give Google better study and gardens alright so now who is sponsoring your studies oh all my friends sponsors when we go with the friends place and starting one person sponsor and get food ok alright so now if you get a chance to settle abroad would you accept it no no my father my father told me only said after manage my study is very important after completing my studies I will marry and then I mean said ok so now and just last question what do you know about the country that you travel into I know the country is very big on map the country has not many foreign peoples and the country is very key and cool place and to DC many shopping malls and big buildings and my life will be a good country once you give me that talk about how to ace your u.s. visa interview visitors visit interview is one of the basis whether your visit application gets approved or rejected basically the US this interview is very easy it’s just all about you it’s not about grammar it’s not about calculors it’s not about biology that about history it’s just about you and what you had written your application paper if you know about you and you know that you have honestly given the data in your application form then there’s really nothing to be afraid about so basically there are only three things that the consular officers would like to find out before they will grab your b or b ism and well the first one is that you’re not the right to other national security which means that you’re not a terrorist you’re not on criminal number two is if you’re not a threat to public health which means that you’re not a carrier all any contagious disease number three if you have strong ties to your mother laughs so what are these times that they’re looking for number one parents or children number two business meaning big stable business something that would you are you back home or a property so those are just three major things that the consoles are interested in knowing before they would decide to give you a b or b now the tips the first tip is your attire always remember that you will be interviewed by US consular officer so you have to make sure that you wear your polo your slacks and your time for man that’s actually for man and for women no spaghetti no sexy where’s no miniskirts no sales so it has to be very classy for women or better yet I would like to say that your parents should be who you are if you’re a teacher you should sound and look like a teacher if you’re a president or older / huge company you have to look like one and if your priest you have to sound and look like a priest if you’re a student you have to sound and look like a student so very easy to isn’t it number two there’s such a thing as American time an American time is not ten minutes before the time it’s not minutes after the time either it is on the dots it is on time so if your interview is something like you have to be there at these ten o’clock because you still have to go through some channels before you be able to reach the console so make sure that you are in front of the console exactly town in the morning number three is you really need to relax need to realize do not get members just like what I’ve mentioned this interview is just all about you so even know you know all about you then there’s really nothing to fear about it’s just going to be all about you your job your age your birthday the places you visit in if your college student most likely that consoles going to ask a lot of course why did you take up your cores if you’re you know all the questions will just be based upon your application or so and it’s just really going to be very easy so relax number for really don’t show signs of nervousness so sometimes we really get nervous especially these are first time to have this us this interview so just don’t be nervous or just trying to act don’t show signs of nervousness don’t show your trembling hands to the console don’t stammer try to look at him or her straight to his eyes but don’t glare at him or her just really be yourself and be relaxed because if the consoles will see some signs of nervous lesson you they might count against you so just relax number three upon reaching the consul’s death just treat him or her with a warm and confident smile a little then don’t slouch straits Santa and people like hey is what you need to remember don’t argue the console if there’s something you need to clarify say it highlighted never start with you’re wrong oh I think you’re wrong no you’re wrong there i’m not i’m not going to overstate the USA you know I even here even you know even if you think that you’re being accused for something else why the console is actually one of their techniques to play at whether you’re really going back home we’re not so it has nothing personal not being personally how the consoles are just trying to do their jobs so if you would like to clarify your statement just say it slightly like I think I didn’t make myself where would you give me a chance to clarify my answer well if they would allow you then briefly it’s not then just keep quiet and become next is respectful will be this in conjunction with being perches and high and life be respectful even if you feel like your respect is not be reciprocated again I’m telling you the consoles are not really there to insult you they’re just there to try to find out whether you’re really going back for more not or whether you’re a terror mr. not or whether you’re you’re you’re qualified to enter the u.s. so that’s all that they’re off to next is sometimes if you’re not used to the American accent you might not understand the console so the best thing to do is to ask for an interpreter but I tell you sometimes the interpreters miss it all out so the best thing that you can do is to study English at least learn basic English before going to the interview you can hire coaches as well you can call up my insecurities we really do give coaching classes for b b visa applicants you can count on us Fergus and next is the honest honesty’s the best policy consular officers can easily spot honesty due to their profession they can figure out whether you’re telling the truth or not so if you have other intentions aside from what you stated in your application form I’m discouraging you to go for the visit review because most likely you will just be wasting your money and your time and the nine-point is some consular officers can ask tricky questions for example what is someone you met by the restaurant offers your marriage or what if your friend offers you a job or what if your boyfriend or your girlfriend or allow you to come home or what if you want a lottery pick up in last vegas if your answers are not well photo you might lose your chance of getting your b b visa to the US so I would like to advise you to think first before singing something next is do not give any document to a console if he or she does not ask for anything you see the thing is in during the first minute of the interview you were able to convince the console that you have strong ties in your motherland you’re you’re not a threat to their public health or you’re not a threat to public safety then you’ll get your visit approve after one question second question after a minute or two actually the longest is minutes most of our clients actually find it very easy and they all have hearings to tell us and that’s why we are so encouraged because of their testimonials and the last last but not the least is we have to listen listen listen that’s very importantly so that’s all for now actually we still have a lot of tips to share with you and we are more than willing to assist you in your quest to get in your b b visa so for more information about this course i would like you to browse / website at www.petland.com and email us at info at English with Mary more.com or marymoor @ gmail.com or Mary app success legacy.com thank you for listening to me and I’m looking forward to welcoming you in my insecure
— IMM_AMM (@IMM_AMM) 4 de abril de 2017
What is 212 C waiver?. INA Section § 212(c). 212(C) RELIEF. Form I-191 –
What is 212 C waiver?. INA Section § 212(c). 212(C) RELIEF. Form I-191
The 212 c waiver makes a Lawful Permanent Resident (LPR), who is removable on the basis of criminal convictions, eligible to retain his or her status.
A 212c waiver applicant must establish that he or she has been continuously resident for at least 7 years since his or her admission to the United States and, if convicted for an aggravated felony, a sentence of 5 years or more in prison was not served for that conviction.
(212 C Waiver Requirements 212 C Waiver Form)
Section § 212(c) of the Immigration and Nationality Act (INA) is intended for LPR who are removable or deportable from the US, usually after the commission of a certain type of crime.
https://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-70259/0-0-0-78090/0-0-0-78522.html
Who remain eligible for INA 212(c) relief ?
LPR with a lawful domicile for at least 7 years; — 7 years of lawful domicile continued to accrue during exclusion and deportation proceedings until a final order was entered by an IJ or the BIA 2.
Not excludable under former INA sections addressing national security and international child abduction. 3.
For convictions entered between 11/30/1990 and 9/30/1996, LPR has not served more than 5 years imprisonment for one or more aggravated felony offenses
I 601A “provisional waiver” of unlawful presence under INA 212 (a)(9)(B) and 8 CFR 212.7(e)
- INA: ACT 212 – GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html
- Sec. 212.7 Waiver of certain grounds of inadmissibility. https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15905/0-0-0-16484.html
http://bit.ly/212-c-waiver-Permanent-Resident-LPR-removable-criminal-convictions
http://bit.ly/212-c-waiver-form-212-c-waiver-requirements
http://bit.ly/What-is-212-c-waiver
How to apply for 212(c) relief ?
The decision on Form I-191 involves a determination of whether you have established eligibility for the immigration benefit you are seeking.
USCIS or an immigration judge, will notify you of the decision in writing Former INA section 212(c) provided for a waiver of inadmissibility or deportability for LPRs convicted of certain crimes who had resided in the U.S. for 7 consecutive years and who had not served an aggregate of more than 5 years in prison for an aggravated felony.
How to file 212 c waiver?
If you are a LPR and you believe you are eligible for relief under former INA section § 212(c) you may file Form I-191, Application for Relief Under Former Section 212(c) of the INA.
Form I-191 was previously titled “Application for Advance Permission to Return to Unrelinquished Domicile”.
If you submit Form I-191 on paper be sure to sign the form at Signature of Applicant. U.S. Citizenship and Immigration Services (USCIS) rejects any unsigned Form I-191, with delay in processing of your application.
Get more information about 212(c) Waiver here:
https://www.justice.gov/eoir/immigration-judge-benchbook-212c-standard
212 h waiver of inadmissibility
What is Eoir 29? –
What is eoir 29 form ?
Use this form to appeal a USCIS decision on a Form I-130 or Form I-360.
An attorney or an accredited representative of an organization recognized by the BIA must file a separate notice of appearance on behalf of the petitioner (Form EOIR-27) with the EOIR-29.
Get more information here: http://rktbr.co/what-is-eoir-29-form
https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir29.pdf
Get more information here: http://bit.do/form-eoir-29
- Affidavit of support
- B1 visa
- E2 visa
- H1b visa
- I-130
- Immigration Attorney
- L1 visa
- N400
- U visa
- Criminal sentences
- Aggravated felony
Eoir 29 appeal
blog.lawyersinus.com/?s=eoir+29+appeal
http://www.immigrationlawyernewyorkny.com/?s=eoir+29+appeal
Eoir 29 appeal
http://blog.lawyersinus.com/eoir-29
http://whoisyourlawyer.net/?s=eoir+29+appeal
http://wvlewisfrn.com/?s=eoir+29+appeal
http://www.dglitigators.com/?s=eoir+29+appeal
How to get the L 1 visa? –
How to get the L 1 visa? L1 visa Lawyer
- Intra-company transferee visa
- L1 visa processing time
- L1 visa extension
- L1b visa. Specialized Employees
Intra-company transferee L 1 visa
L1b visa. Specialized Employees
http://wvlewisfrn.com/l1-visa-l-1-visa-lawyer-intra-company-transferee-visa/
http://www.dglitigators.com/l1-visa-l-1-visa-lawyer-intra-company-transferee-visa/
http://www.immigrationlawyernewyorkny.com/l1-visa-l-1-visa-lawyer-intra-company-transferee-visa/
http://whoisyourlawyer.net/l-1b-intracompany-transferee-specialized-knowledge/
http://wvlewisfrn.com/l-1b-intracompany-transferee-specialized-knowledge/
http://www.dglitigators.com/l-1b-intracompany-transferee-specialized-knowledge/
http://www.immigrationlawyernewyorkny.com/l-1b-intracompany-transferee-specialized-knowledge/
L1 Visa Lawyer
Today we’re going to talk about the L1 business for u.s. immigration for l-1 Visa as a valuable tool for business persons who wish to expand their. Into the u.s. And unlike some other Visa it does not require a large investment of time and money the l-1 Visa intra-company transfer if you work for a company and your home country and wish to transfer to aus so Bad Company you may qualify for an l-1 Visa in order to keep it simple that’s call your home company the sanding company pan let’s call the US you’re coming to work for the receiving company keep in mind that even if your company doesn’t currently have a Uso that’s okay because you’re receiving company maybe either an existing company or a new one first let’s discuss some of the benefits popular business Visa will review its requirements with an l-1 Visa the US work for the receiving company duran Duran travel outside of the US if you need to return to your home country to keep an eye on your sending company another benefit of I want is that you may bring your spouse and child under 21 years of age on El Tuesday your child May attend school and your may apply for work authorization perhaps the most important of all the L1 probe opportunity for you to apply for a green card if you will be working as an executive or a manager of the company now let’s review the requirements of an l-1 Visa first there must be a qualifying relationship between the sending company and the receiving company that means one company must be either a parent subsidiary affiliate or a branch of the other it will be your counsel job to make sure there is a proper qualifying relationship between the two companies for receiving company in the u.s. is not the same type of business that you’re sending company as an employee who is being transferred to the receiving company you must have been employed by the sending company for at least one year your employment for the sending company must be thoroughly. To the u.s. immigration your past employment at the sanding company must have been in the capacity of an executive manager for an employee with specialized knowledge especially if your company is small but u.s. immigration very particular about the definition of these terms so let’s review them and executive as someone who directs the management of the organization and sets its policies and goals a manager overseas other supervisors typically an executive orders for this patient information about the program experiences welcome to another immigration art video my name is Art serratelli feel free to contact us for any immigration question we are a full-service law Group and we will be more than happy to answer any questions that you have on your mind if you have a question we have an answer give us a call or contact this by Facebook or by email today’s video is dealing with the subject of l-1a intra transfer a managers or Executives and the corresponding l-1b specialty knowledge worker coming from one branch of a company overseas or in Canada or Mexico and then transferring to the United States so what are the requirements for an L1 and L1 be first the international work or coming to the United States must have worked overseas or in Canada or Mexico for a company lets a Coca-Cola and they coca-Cola for one full year and then after putting in a year or more
Work out
United States that individual transfers to a Coca-Cola branch in the United States to make this clear and to distinguish it from the
Visa non-immigrantThe El also also
Nonimmigrant is based on court
Structures it is not on your National
Show
If you are from you could work for Coca-Cola in belgium and then from Coca-Cola Belgium you could transfer to Coca-Cola lana in the United States clearly this is based only on corporate structure— IMM_AMM (@IMM_AMM) 20 de marzo de 2017
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How to file a motion to vacate –
How to file a motion to vacate? How to vacate a judgment?
- Reasons the Court Can Vacate a Default Judgment. http://rktbr.co/Reasons-the-Court-Can-Vacate-a-Default-Judgment
- Why Would A Creditor Vacate A Judgment? http://rktbr.co/Why-Would-A-Creditor-Vacate-A-Judgment
- Vacate a Default Judgment http://rktbr.co/Vacate-a-Default-Judgment
- How to vacate a default judment? http://rktbr.co/HOW-TO-VACATE-A-DEFAULT-JUDGMENT
http://www.criminalimmigrationlawyer.com/Criminal-Defense/Motion-440-10-in-New-York.aspx
how to file a motion to vacate More info about post conviction relief nj here: More info about how to file a… https://t.co/2vqowBp09a
— Immigration in NY (@NySim1)
did you know that there is a way out of a default judgment if one’s been filed against you stick around because inside this video I’m going to tell you how you can vacate a default judgment hi my name is Peter Lamont i’m a business and personal attorney and I make videos like this to educate people and help them better understand the law because i think it’s a really powerful tools understand your rights and obligations so as promised inside today’s video we’re going to talk about vacating a default judgment so in a prior video we’ve explained what a default judgment is and it’s essentially when you fail to answer or otherwise move when you’re served with a summons and complaint and the plaintiff obtains a default judgment against you meaning that whatever relief they’ve requested in their complaint is being granted simply because you didn’t respond so how do you fake a a default judgment well good news first of all the courts favor litigating cases on the merits as opposed to giving someone a default especially when money is involved so here’s how you do it you have to file a motion to vacate the default judgment and there are two things that must be in every motion now it’s going to vary from state to state but in the majority of states you’ve got to be able to show two things one excusable neglect a reason why you didn’t answer the complaint for example you weren’t served on time you never received a copy of the summons and complaint and then to a meritorious defense meaning you going to be able to show the court that you do have a defense and that there’s a reason for them to vacate the default because you can defend the claim because of a meritorious defense so it’s just you know a tangible real defense whether or not you can prove its a separate thing but as long as you can show the court that you’ve got some defense then they’re going to vacate the default judgment now there are times that you should not attempt to do this on your own and that’s the majority of the time know quite frankly I’m not a big believer in and saying that every legal matter that pops up you need an attorney for because the truth is that a lot of things you can handle on your own but once you’ve been served with a motion for default or default judgment or any of those things it’s kind of gone beyond the stage that you should be handling it in another video we talked about when you should handle something on your own when you should not but assuming that it is a relatively high judgment against you and high relatively high depends upon your level of comfort for some people thousand-dollar judgment may be really high for others it’s a ten-thousand-dollar judgment that’s really high so you’ve got to kind of gauge your level of number but in general i always recommend consulting with an attorney when you have a default judgment against you because you’re like I said you’re at the end of your rope all they have to do now is it sees your bank account or no garnish your wages and and then you’re really stuck and it’s a lot more difficult to kind of get out of that hole so if you have a default you can file a motion to vacate like I explain but it’s always a good idea to talk to an attorney will help that you understand now a little bit of the dynamics of how to vacate a default judgment and if you’d like more information or if you’d like to see a sample motion i encourage you to pick up the phone and give me a call my telephone numbers or you can email me directly at $FULLPHONENUM p Lamont and Peter Lamont esq . com I’m available to take your calls to answer your emails i really want to help you understand the law so until next time don’t forget subscribe click the button below to like this video share it with your friends if it’s helpful and don’t forget to look at the iTunes App Store to download our free app which is available for itunes and the ipad and it allows you to ask questions directly to an attorney in our
Law Basics Vacating a Default Judgment In this video, you will learn how to vacate a default judgment. If you are involved in a lawsuit, and you do not come to court on the scheduled date that you’re supposed to, the judge may enter a judgment against you. This is called a default judgment. A default judgment means that the other side wins the case because you didn’t come to court to defend it. It has nothing to do with facts or evidence in the case. To cancel or set aside the default judgment, you must file a motion to vacate within days of the default judgment. In your motion, you need to include a reason why you did not come to court or file the appropriate documents on the scheduled date. Because the court wants to decide cases based on the facts and evidence, most motions to vacate a default judgment filed within days are granted by the court. Vacating a default judgment after days, is more difficult. Instead of a motion, you must file a petition to vacate a default judgment, and an affidavit. In your affidavit to vacate a default judgment, you give the facts, under oath, why the judge should vacate the default judgment. It must include facts that show you Have a good defense to the lawsuit; Did your best to defend the lawsuit before the default; and Asked to vacate the default judgment as soon as you could. Courts typically do not grant a petition to vacate filed after days if it was a person’s own mistake or carelessness. If a default judgment has been entered against you, it is wise to act quickly to have the judgment vacated. For more information on vacating default judg
morning won’t work and may it please the court in the take-off on behalf of the appellant I’d like to reserve two minutes for rebuttal ok the issues on appeal as you know from our briefs are whether or not the lower court erred in finding the judgment void for lack of notice and whether or not the lower court erred in finding that Montalvo showed it are the pelle it showed excusable neglect and acted with due diligence in seeking relief from his default let me start by addressing the first issue look first the pelle argued and the court found the lower court that he never knew that he was being sued personally he and this this comes straight from the answer proof of the belly he says he just never knew and this is hard to believe because within the record it clearly states that there was an attorney hired on his behalf individually in this in this case who goes in hires an attorney to represent them when they don’t even know that they’re being sued let me but the issue i have is that’s a credibility determination that rapport may correct and you agree that appellate courts don’t make sure excellent news our credibility determination yes I’m trying to get to my two points of law issues rather than facts and know the fact issues are more to bring me to the issues of one and the first issue is the appellant sent the final judgment and the order requiring the belly to fill out of fact information sheet and the fact information for you to his home address to the police home address and this Court itself found in skate in the case coppers Olson which is in my reply brief that certificate of services is the prime facie evidence of circuit proof of service and these were sent back to the belly back on September and it is clear on those documents that they were sent to his home address which is the address that he said he was living at you know and the appellee at the hearing no test as to those things as to those things he testified that you just never received them but the law isn’t whether or not you received them it’s whether or not they were mailed well but but don’t we go back to the same problem we have and I understand what you’re saying maybe if I were trial judge i might have to decide differently for but at the point we’re at here even though you’re talking facts isn’t it still boils down to credibility issues whether the court believed him whether whether or not they believe that he received them yes but whether or not that they were actually served is a whole other issue and that’s the issue of law based on what the opponent did by mailing them out by having that certificate of service proof that it was served should be enough to make that date the date that notice was put onto the belly and temperatures is ok but that was denied by your opposition so the date you know that he got the papers the subpoena for depo in a was March quarters of the the lower court found that according to the testimony and the facts presented that that was the date that he actually had noticed based on the date that the subpoena in this community of execution then you make the statement in your brief that as a matter of law waiting until july of $MONTH which is it for months yes is too long absolutely yes and all I don’t get the to that issue because that that goes to the three-prong test they’re not a default judgment can be overturned and that issue i think is secondary to the issue that the court found whether or not the final judgment was void as a matter of law simply because if it’s void then then that doesn’t become an issue and this this is my case in chief and my argument here and i had actually not found until after I filed my reply brief i just filed this morning and he filed yesterday a notice of supplemental authority with two more cases one of them being see outdoor advertising enforce Lachlan it’s southern second it’s a first District case in which they basically what they’re what they said was that judgment is not void when the sole reason for the notice having been sent to an incorrect address was the defendants failure to notify the court and opposing counsel of the address and in this case what happened was there was a defendant and he was it sudden piece that was in the jurisdiction of the court he had an attorney who withdrew and after the withdrawal he didn’t receive any any more notice of anything none of the filings and he got defaulted and then he want to vacate the default and and the circuit court basically said the default cannot be vacated because it was your duty to give the court your new address to give opposing counsel in your new address to keep yourself informed of the litigation that you are in and i think that almost mirrors exactly what we have here is the only case in point and find in any of the districts which even covered this matter at all and basically what it said that what it says and how I interpreted in this case is that the alley here he submit himself to the jurisdiction of the court mr. Sandberg filed his notice of appearance and filed the initial pleading on his behalf at that point it became his duty to stay informed the litigation in this case to keep his address current with his attorney and with the court and with opposing counsel and he did not do that and yes is council withdrew and he said you didn’t notice it was found that he didn’t get noticed but that doesn’t matter in the end he stuck his head in the sand he ignored the litigation which he was a party to he himself said that when he saw the complaint he saw his name on it it could confusion as to whether or not he’s being sued personally is not an issue and that brings up the second case in my notice of supplemental authority which John Cresson tank versus Schwartz and what the court stated in that case is that the failure of a party to take your required steps necessary to protect its own interests cannot standing alone be grounds to vacate judicially authorized access to the detriment of adenosine other innocent parties the law requires certain diligence to those subject to it and this diligence cannot be excused lightly the mere assertion by a party to a lawsuit that he does not comprehend the legal obligations attendance the service of process does not create a sufficient showing a mistake inadvertent surprise or excusable neglect to warrant the vacating of the final judgment and here that’s exactly what happened he had an obligation to keep his address up-to-date so that the appellant could in fact get him notice of the final judgment of the trial date of everything going on and he stuck his head in the sand he pleads confusion and the court believed them but confusion as a matter of law as this Kate States is not an excuse for doing that but there’s we have painted to take confusion but its confusion where they’ve received notice and they actually have received the pleadings and they do nothing with it and then they try to vacate it the question I have is the standard of review here is abusive discretion correct yes and again even though perhaps this court or speaking for myself would not have done the same thing how can we say that what the trial court did was an abuse of discretion given the findings of fact that he made well it’s clear as a matter of law that he submit himself to the jurisdiction of the court and it’s that point entirely that I based my argument around because he would submit himself to the jurisdiction because he put himself into the case that right there put the duty on him to stay informed of the case he could have spoken to his attorney which he says he didn’t do that’s not an excuse he could have spoken to his co-defendant who was a friend at the beginning of this case the address that he gave was a good address at the beginning of the case in yet somehow it became not a good address when he stopped receiving notice when his attorney withdrew and how can that not be reasonable when that’s the only address that the court that was given to the appellant to send all those notices out to that address when I was the address that was specifically left with the court and with opposing counsel it was it was reasonable for the appellant to send all the the notices to that address it was reasonable for him I that isn’t isn’t one of the finding that the judge the trial court made was that he did not want offal do not actually receive any notices of the motion to patrol the council yes and that that also goes to cabos duty to stay informed with the case when he went a whole year without ever hearing anything about the case and his attorney who withdrew also from the record its it shows he was his attorney on a few other matters as well and it is also in the record for mr. Sandberg testimony at the truck are at the evidentiary hearing to vacate that he did in fact speak with his client and whether or not the issue of this case actually came up is hard to determine because of conflicting testimony between Sandberg and then tavo and previous affidavits and if you want to keep your rebuttal time we need to wrap up the space okay thank you Thank You counsel it please the court my name is Howard stone here for the appellant Oscar montpelier I’m sorry Oscar Montalvo in this case as the court has addressed heavens council we have a situation here where whether the appellant likes the trial court’s factual findings or not that’s not the issue before the court as the court certainly recognizes judge thorne the trial judge heard the testimony of the pelle he heard the testimony of the appellant he heard the testimony mr. Sandberg he reviewed a number of documents he made very specific and clear cut factual findings he made a very specific credibility determination this case that he believed and accepted the defendants are the appellants Kelly’s testimony excuse me in all respects and that testimony was not refuted or contradicted or impeached we’re dealing with a situation with policy is favoring a trial on the merits and one of the reasons i did not accept the appellant statement of facts is because they overlook the statement of fact they look overlook what brought this case to issue in this case you have a two-page agreement not with the pelle but with Mario subpoena co-defendant mr. subpoena and mr. termino had a financial agreement they had a credit card arrangement it did not involve our concern my client he had no part of that yetis including his lawsuit the appellant did stipulate to a meritorious defense but clearly it’s far beyond that my client should not have been in witness lawsuit from the start and that gets the point of public policy in the court and this court as well as the fourth District other courts favoring trials on the merits and resolving reasonable doubts in favor of granting the motion for default with the truncated linked to any case that has a delay that long between actual notice and appearing again in the case to defend or move to bake a i do I have any notes very about lat right there I’d like to address that point because your honor mentioned that it took my client and his council myself till july to respond that’s not accurate my client was reserved with the subpoena duces tecum for deposition date of execution or march he and his girlfriend the final judgment was not attached to that that was simply the subpoena that brought the matter to a head when you realized hey what’s going on here as he testified at the court and the judge accepted his testimony he went to the court to this court clerk’s office as well as the clerk’s office downtown at the circuit board civil division to see what’s going on here and because mr. subpoena had appealed the judgment part of the file was here part of files downtown and he was a pinball being bounced back and forth that was his testimony the initial motion was filed was found in April the six weeks that was based initially on some of the documentation that we were able to obtain the appellant contends that we should have filed the motion without documentation with all due respect to the appellant if mr. Montalvo and council had filed a motion to vacate default without knowing what judgment was entered how is entered the data was entered any circumstances number one he couldn’t sign an affidavit that motion would instruct is legally insufficient the July of motion is an amended and Morty right exactly what happened was the initial motion was withdrawn in May approximately two months later after additional documents became available the second motion was funny basically supplemented the first and as I’ve argued my brief and the record confirms there’s no prejudice to the appellant because during the course of these motions but it was an effort of protective order was followed to stop the depositions preceding stop the interrogatories the trial judge said no I’m not going to stop the appellant for pursuing his collection and those depositions those interrogates went forward but this was not a situation where the hell’d he waited four months as soon as he got the initial documents the first motion was filed when he finally received the remaining documents through counsel a more detailed motion it was filed explaining further as to what took place here he didn’t know for him to put appellant askew just that the belly stuck his head in the sand he was never personally sued that’s clear that’s not disputed mr. Sandberg get filed paperwork on his behalf which the trop fort did acknowledge obviously brought him within the jurisdiction of the court mr. Sandberg never meant the app led during the course of this case in regard to this case while he did represent one unrelated foreclosure case he had no contact that was missed a subpoena that met with mr. Sandberg it was missed a subpoena that retain mr. Sandberg it was mr. subpoena that promise to pay him when mr. subpoena did not pay him that’s when mr. Sandberg withdrew the facts in this case were not that mr. subpoena and mr. Montalvo were close friends at the time of this lawsuit years earlier they had a very close relationship they certainly had no agency relationship the contact was limited subpoena tolling the pelle I’ll take care of it because it was his problem he’s the one that brought this case through ahead mr. subpoena by not paying mr. Mandela not mr. Montalvo the cases that the appellant sites to the court take both were providing st ste as well as president they’re clearly distinguishable this is not a situation where met with the pelle gave his address to anybody the emotion for withdrawal that mr. Sandberg filed in your record his father’s behalf of Mario subpoena in the body of the motion it states Mario subpoena it provides the defendants address in a singular as Mario subpoenas and it was served mr. subpoena there’s no indication and mr. Sandberg testified at the hearing that mr. Montalvo never gave this address on street in Miami to mr. Sandberg or anyone in connection this case thing that’s my address obviously if mr. Montalvo said this is my address and he submitted himself to the court and then he moved yes you have some dude notified his counsel of court but the person who filed who filled out the address on the order of withdrawal was not mr. Sandberg my client was not even present it was the appellant too submit the order and the appellant who knew where mr. Montalvo lived and it’s curious the only time the appellant used and directed any correspondence to the penalties address was before suit and after judgment the entire time this case was pending he’s sending everything to mr. subpoenas address but beforehand and afterwards then he serves allegedly on mr. Montalvo’s home address and as far as the certificate of service on the fact information sheet and the final judgment being basically dispositive according to the appellant that’s not true they selected this court to Scott be Johnson case they forget to cite to this court the bank of america vs evans case which i submitted to the court in my brief which basically says when you have a certificate service and individual denies receiving the documentation which he did in this case it becomes a question of fact for the trial for to resolve trial court did resolve that mr. Montalvo did testify before the trial court they need to fill out a fact information sheet got it from mr. subpoena that I need this with my case could you fill it out for me give it to subpoena and subpoena did something with it presumably father with the port clearly the trial court’s factual findings are not erroneous they’re fully supported by the record has been no abuse much less a gross abuse of discretion the trial court made the proper finding I’d ask the court to affirm this in all respects thank you something and rebuttal yes regarding glad the delay of filing the only excuse he gave and the Court did find that notice was on the Pellaeon March once again the only reason for this is a pin balling of having to go between this circuit court and the district court to get the file six weeks to get enough of the file to file in there to file a motion is absurd and the fact that he says that his second motion after the first one was withdrawn was to supplement the first motion is is also absurd they were completely different the first affidavit on the first motion that was withdrawn said that he went on never had an attorney was never represented yet in his motion to vacate that we’re here on now said oh yeah that attorney he was representing me and then he went through and I never knew about it because it all went through subpoena at on top of that he filled out a fact information sheet he says that yes it was subpoena that gave it to him and he gave it back to subpoena but who files in fact information sheet with specific financial information and gives it to somebody you’re not even friends with anymore or has no business relationship with to find that he didn’t have noticed or didn’t even have a duty to find out why he was filling this out or why he would need to fill this out individually makes no sense to me and to say that he wasn’t personally soon as incorrect he was personally suit his name was on there individually as a member of the of the business and that is a reason that is a proper basis for suing him individually and he is supposed to be in this case this he was part of the company that got the loan on the credit card as far as the address being put on the order of withdrawal yes it was the appellant who wrote it on to the address but that’s because mr. Sandberg only appear telephonically and directed him to write that address and he was asked do you have any other address know that is the only address i have for all defendants that that’s what he testified and that’s that’s what’s in the record and that’s why that address was written by the balance because the apartment was the only one in the program with the judge and in conclusion conclusion the
judgment sample
http://wvlewisfrn.com/tag/motion-to-vacate-judgment-sample-letter/
http://blog.lawyersinus.com/?s=detainer+for+hold
judgment sample
detainer for hold
Judgment vacated. Motion to vacate judgment sample – New York – New Jersey
Motion to vacate sample
Letter to vacate sample
http://wvlewisfrn.com/tag/motion-to-vacate-judgment-sample-letter/
http://blog.lawyersinus.com/?s=aggravated+felony
letter to vacate sample
aggravated felony
Judgment vacated. Motion to vacate judgment sample – New York – New Jersey
Studio legale americano. Cittadinanza americana – Cittadinanza per Naturalizzazione -Doppia cittadinanza –
Studio legale americano. Cittadinanza americana – Cittadinanza per Naturalizzazione – Doppia cittadinanza
Diventare un cittadino degli Stati Uniti è una meta ambita da molti. Abbandonare la condizione sociale di “immigrato” comporta specifici diritti, doveri, privilegi e benefici economici. Sebbene non sia del tutto semplice raggiungere questa meta, vi sono diversi modi per ottenerla.
L’ottenimento della cittadinanza americana permette, tra le altre cose, di:
- poter rimanere fuori degli USA a tempo indeterminato, senza le restrizioni che sono invece imposte ai possessori della Green Card che non abbiano ottenuto un permesso di rientro;
- sponsorizzare i membri familiari più stretti per la residenza permanente negli Stati Uniti;
- acquisire il diritto al voto;
- poter ricoprire incarichi pubblici di alto livello;
- ottenere il passaporto Americano e, in alcuni casi, avere doppia cittadinanza.
Mentre i residenti permanenti sono soggetti ai procedimenti di espulsione qualora riportino una condanna penale, un cittadino americano non può essere espulso dagli Stati Uniti.
Un cittadino italiano può inoltre ottenere la doppia cittadinanza italiana e americana, al contrario di quanto avveniva prima della legge 91 del 1992 (dual Citizenship).
http://www.simonebertollini.com/Introduzione/Cittadinanza-Americana.aspx
http://www.avvocatidirittointernazionale.com/Studio-Legale/Cittadinanza-Americana.aspx
NOTICE TO APPEAR (NTA)-
NOTICE TO APPEAR (NTA)
Removal proceedings begin with a Notice to Appear (NTA), which is a document issued to noncitizens who the government believes are inadmissible or removable, and who will not be subjected to a summary form of removal such as reinstatement of removal or expedited removal. In other words, it is issued to place an individual in a full removal proceeding before an immigration judge, which will determine whether the noncitizen is to be removed or allowed to remain in the U.S.
Various officials within DHS are empowered to issue NTAs in a variety of circumstances.
The NTA explains why the government thinks you should be deported from the U.S. and it normally provides you with your first court date.
It is extremely important that you appear at all of your immigration court dates. You cannot send someone (even your immigration attorney) to appear in your place. If you do not appear at your scheduled hearing, the hearing will take place in absentia (in your absence), and the judge will likely order you deported. In this situation, all the government has to do is prove that the NTA was properly served on you, and that you are removable.
If you miss your court hearing, you may move to reopen the case, but only if you can:
– show “exceptional circumstances” for being absent;
– prove that you did not receive notice; or
– prove that you were in state or federal custody.
Under INA 239(a)(1) (2012), an NTA should include:
– the nature of the proceedings;
– the legal authority under which the proceedings are conducted;
– the acts or conduct alleged to be in violation of the law;
– the charges against the noncitizen and the statutory provisions alleged to have been violated.
The nature of the proceedings is represented on the NTA by three checkable boxes labeled:
– “You are an arriving alien”;
– “You are an alien present in the United States who has not been admitted or paroled”, or
– “You have been admitted to the United States, but are deportable for the following reasons stated below.”
The NTA not only provides notice of the charges against the noncitizen but also serves as notification of the time and place of his hearing before the immigration judge (“IJ”). It is possible to change venue after the NTA has been filed by filing a motion to change venue and demonstrating good cause. You can apply for a change of venue at any time during your case, but the judge is more likely to grant you your request if you apply early. If you plan to request a change of venue, you should do so at the master calendar hearing.
If an individual hearing is held, you will be given the opportunity to give testimony and have witnesses testify on his or her behalf. At the conclusion of the hearing, the immigration judge will either make an oral decision on the matter, or will release a written decision at a later date.
If you have been ordered deported, you have 30 days from the date of the decision to appeal the decision to the Board of Immigration Appeals (BIA).
Notice of appearance immigration court
blog.lawyersinus.com/?s=notice+of+appearance+immigration+court
http://www.immigrationlawyernewyorkny.com/?s=notice+of+appearance+immigration+court
Notice of appearance immigration court
Notice Of Appearance Immigration Court
http://blog.lawyersinus.com/new-york-immigration-court-26-federal-plaza
http://whoisyourlawyer.net/?s=notice+of+appearance+immigration+court
http://wvlewisfrn.com/?s=notice+of+appearance+immigration+court
http://www.dglitigators.com/?s=notice+of+appearance+immigration+court
The notification of Form I-862, Notice to Appear, by the Department of Homeland Security (DHS)
Get more information here:
http://bit.do/notification-of-Form-I-862
https://www.justice.gov/eoir/dhs-notice-appear-form-i-862
Deportation Defense Attorney – Deportation Lawyer. Notice to Appear (NTA).
sometimes the notice also lists the date place and time of your hearing if no date and time are listed on the notice then you will receive a second letter with the date time and place of your hearing each of these papers includes your alien number which is an 8 or 9 digit number beginning with the letter A
this number will appear on any papers you receive from the court it is how the court keeps track of your case it is the same number used by the immigration service immigration service is known as United States citizenship and immigration services for USCIS USCIS handles request of non-citizens in the United States
if you lost your hearing notice or not sure whether you received one you can call the Immigration Court hotline at 800-898-7188 this is an automated system with options in English and Spanish key in your alien number at the prompt and it will list your next hearing date and time
he immigrated cord is located in Chicago at 5:25 west Van Buren Street Suite 500 it is extremely important to go to court for your hearing if you do not the judge can order you deported automatically and you lose the right to stay in the United States
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what is a notice to appear ticketwill I be arrested if I go to Immigration Court you will not be arrested at the hearing and you will be able to return home to your family that they most of the time it takes more than one hearing and at least a few months.
To complete a case what information should I have make sure you know the following facts about yourself in case the judge asks date and place of your birth country of your citizenship or nationality date and place of entries into and exits from the United States and whether you had a Visa at the time your criminal history including arrest charges and outcomes
For example if you were sentenced to probation or jail time your prior interactions with immigration officials whether your family members for example your spouse children parents or siblings have green cards or are you as Citizens it is okay to write this information down and bring the paper to court with you to help you remember this information is very important because it may let the judge know whether you are eligible to stay in the United States
what should I bring to court you should bring the notice to appear and the notice lifting the date and time of your hearing do not bring weapons drugs food or drinks with you you will not be allowed to take these into the court with you you will pass through a metal detector upon entering the court
if you bring a cell phone make sure you turn it off before going into court on the day of your hearing arrive early there will be traffic parking may be difficult and you will have to pass through security how does the judge know that I came for my hearing after you go through security you must sign it there will be list of names hanging on a wall each judge has a different list of names which are the cases that judge will hear on that day underneath each judges list
there are two sign in sheets lawyers in one is for people there without lawyers if you do not have a lawyer with you sign your name on the sheet for those without lawyers make sure you sign on the sheet for the judge who will be hearing your case if you did not sign the correct sheet the judge will not know that you are there if you need help or cannot find your name on the list you can ask for help from the clerk sitting at the reception window after you sign in sit in the waiting area there will be other people waiting for their hearings as well wait until the judges calls your name before you enter the courtroom first the clerk will call the lawyers then the clerk will call the names of the people who are there without lawyers be prepared to wait once the clerk does call your name you can follow him or her into the courtroom can I get an interpreter there is usually a Spanish language interpreter in the courtroom
if you need an interpreter in a language other than Spanish tell the judge the court will provide one for you at the next hearing for your first hearing you can bring someone with you to help make sure that anyone who comes with you has lawful status in the United States what happens after the clerk calls my name and I go into the courtroom if this is your first hearing and you would like time to find a lawyer you may ask the judge for time to do so the judge will also give you a list of legal aid organizations that may be able to help you if you are not asking for time to find a lawyer you will be representing yourself the judge will then explain your rights explain why you are having a remove hearing ask whether the facts in the notice to appear are correct ask questions about you your family your history in the United States and your criminal record if the judge thinks that you might be eligible to stay in the United States he or she may said that lines for you to submit an application and get your fingerprints taken if so the government attorney will tell you how to pay the fees for the application and how to apply for fingerprints finally the judge will tell you when to return to court you will get a written notice telling you the date and time of your next.
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— IMM_AMM (@IMM_AMM) 13 de diciembre de 2016
Vacating a conviction. 440 Motion to Vacate Default Judgment. –
Vacating a conviction. 440 Motion to Vacate Default Judgment.
Vacating a conviction. 440 Motion to Vacate Default Judgment.
A common issue for pro se litigants is often times vacating a default judgement and sometimes you don’t get served with a complaint or gets lost in the mail or the other side just never serves it on you maybe because their locks or maybe because there was a clerical error who knows but you often times run into a scenario where you have a complaint that’s filed against you and you don’t respond to it within the time. And then that plaintiff cuz you’re the defendant that plaintiff gets a default judgement meaning whatever request they have requested in their in their complaint they get simply because you didn’t answer I want to talk today about issues between vacating a default judgement and what happens to the case against you and want to clear up some common Miss captain’s so stick around cuz that’s why we’re going to do inside this video thanks for joining me my name’s Peter Lamont I’m a business attorney in the host of you to radio. Your business success illegal Information Station and today I want to talk specifically about what it means to vacate a default judgement and what impact if any that has on the case filed against you so in other videos we talked about how to go about vacating a default judgement we talked about what it is but it off and receive questions about the vacated default judgement and people often times confused vacating the Judgment with having their case dismissed so much tell you story about the call that I received a few weeks ago gentleman calls up and he says I’ve been handling my case prosect and they had filed a judgement they detained it and I soon as I learned about and I went out and I filed a motion to vacate a default judgement just like we talked about it and you know the videos and I was successful and he called me basically to thank me for the video as I want thank you for putting up the video because I filed this motion to vacate and I won and my case was dismissed and I said will wait take a step back explain this to me he says a complaint was filed against me I was never served with it you know watch your video I learned what the legal term of art was I learned what I need to show in the motion I wrote a motion to vacate default judgement I filed it and the judge granted my motion and the Judgment vacated I won the case thank you I said wait about you going to take a step back because I think you are confusing dismissal of your case with vacating the judgment and he so what I understand that’s why would you in this video today so vacating a default judgment simply means that the Judgment that was entered against you has been lifted eradicated it’s no longer there there’s no judgement against you any further however you didn’t obtain a dismissal of your case you didn’t it ain’t a dismissal of the complaint filed against you what you have done is allowed yourself an opportunity to put in an answer and defend that claim so there’s a big difference between getting a dismissal of the case filed against you and vacating the default judgement I need to be clear on this because you have to understand that when you vacate a default judgement successfully the judge will most often issue an order and that order says judgment is vacated and sometimes it will say that you the defendant have X amount of days to file an answer be kind and you need to know that you need to be aware that you’ve got to file an answer to the complaint within that time. You could be in default again and the more times your default the less likely the court will be to vacate that generally speaking when the vacation that the default is vacated and the judge issues an order and said you got to put in an answer by ex-date and you they’re not going to give you the second bite at the Apple second shot but you’ve blown it she’s going to really look at that order and read it and understand it because vacating the default does not mean you’re case is dismissed it means you can now come into the case and you can try to defend yourself so I just want to clear that up and make sure that you were aware of that vacating a judgement a default judgement means that the judgment is no longer there and it allows you the opportunity to defend the claim it does not mean that you have won your case it does not mean that the case that was filed against you has got away OK Bebe very clear on that because it all this gentleman that called was so excited that he won and I said did you look at the court order he said yes it was granted it Wii motion granted as it did you look to see if there was a deadline to file an answer and he said out of luck then a few days later he called back and he said he know you were right I have to file an answer I didn’t understand that so I’m hoping that you know this helps clear that up if you have questions about this need like to ask them now you can contact us at 297-3949 70 or you can email me at the appeal Aman yugioh radio.com happy to answer your questions or discuss he know your issue with you help you get some clarity on this I also want to thank you for watching a video and I want to remind you that if you haven’t done so already please subscribe to the channel so that you are notified when you videos are posted and you know it always helps to see some comment then maybe sometimes up if you get a chance I really appreciate it means a lot to me it lets other people know about this so the station and and this Channel and it’s it’s a way of helping people which I think is something that severely lacking in the legal community so if you could share this it would mean a lot to me and you’d be helping a lot of other people as well finally don’t forget also subscribe to the podcast as a link below because the podcast which is a five-day week podcast has different information from what you’re seeing here on the YouTube channel so there’s a podcast about legal Q&A and business Q&A and his weekly news program so you don’t want to miss any of that that is on the podcast only and finally if you want one place to find everything including downloading or free app being able to ask legal questions through the app for free then you’ll want to go to UTI radio. Website has links to everything on the website so check this out there in a few weeks we’ll have a new website ready for you guys and I’d love to hear your comments a car that’s going to do it for today thanks for tuning in thanks for watching please let your family friends and relatives colleagues know about you to radio. Is the 6s and Legal Information Station I’ll see you next time motion to vacate.
— IMM_AMM (@IMM_AMM) 30 de noviembre de 2016
National visa center form i 864 –
National visa center form i 864
The NVC will review the I-864, I-864EZ, I-864W or I-864A for completeness and correctness.
If the form(s) is not correct or complete, the NVC will ask the petitioner/sponsor to correct and complete the applicable form. It will explain what is wrong with the previously submitted form.
When a corrected I-864, I-864EZ, I-864W or I-864A is accepted by the NVC, it will be sent with the immigrant visa petition to the U.S. Embassy or Consulate where the applicant will apply for a visa.
Guide to Naturalization. Uscis Form M 476. M-476 Form –
Get the Guide to Naturalization here: Uscis form m 476 – M-476 form
Get the Guide to Naturalization here:
Document Check list in this link:
A Guide to Naturalization (USCIS)
https://www.dhs.gov/external/guide-naturalization-uscis
Why USCIS rejects the form N-400 5 Common Reasons. A Guide to Naturalization. Form m 476 from US Immigration Center
Form m 476 uscis https://t.co/ruhWpp5vHp
Hello and welcome to today’s lesson from essa today we’re going to go over the USCIS form and which is the application for us naturalization for US citizenship this video is going to go over the general instructions for completing the form after which subsequent videos will go over the form step-by-step will go over each part very specifically there are there are parts to the application and the application is pages long ok so today we’re going to do the general overview the general instructions now before beginning the application before beginning the form n you want to make sure that you’re actually eligible for citizenship ok so there’s a few a few general guidelines you are at least years old you should have been a permanent residence in the United States for at least five years or three years if you are married to a u.s. citizen you have to be married to living with a US citizen for at least three years you need to demonstrate continuous residence and physical presence in the US that means that you cannot you have to make sure that you’re here for specific amount of time you can’t leave the country for too long if you leave the country for six months to a year at a time you need to have special permission to come and go otherwise you break the continuous residence and the physical presence in the United States you should be able to read write and speak basic english there are exemptions to this and we’ll go over that there are also exemptions to the permanent resident status if and other requirements if you have honorable service in the US military ok and we will go over all of that as well alright so let’s see the full USCIS eligibility worksheet can be found on this link all the links will be down below ok and i also try to add tabs there for you as well but if you look here this is the naturalization eligibility worksheet and you can see it’s a very it’s very easy to follow worksheet it’s you know you answer the question i am at least years old true not true true you move on i’m a permanent resident for and a issued a permanent resident card true not true you know so it’s it’s a very easy to follow worksheet to figure out if you are eligible right and i will have the link to that down below right the other link i will have is who is eligible for naturalization this is a little bit more specific and this goes into more of the requirements and again you can see here it’s very if you are at least years old and have been a permanent resident for past five years and no special circumstances so you this goes into a little bit more of the special circumstances so if you have a question about because everybody is so different their situations are so different you want to make sure that you figure out if you are eligible because you do not want to send in an application and the money and then find out you know you weren’t you weren’t eligible for citizenship again this link will be down below ok citizenship for military personnel and family members the USCIS recognizes the importance sacrifices made by non-us citizen members of the US Armed Forces and their families so there are special of situations where you do not have to have permanent residency for such and such amount of time or you do not have to be you know if you’re deployed for a certain amount of time you won’t break the continuous residence things like that and there is a specific link that talks about all of if you are in the military let me see there is this page citizenship for military personnel and family members ok so that would be another important link if that is your situation again that will be down below alright so i will have many links down below you can see the exemptions and accommodations that frequently asked questions the full us guide to naturalization all kinds of stuff will be in the links listed below ok alright so the first thing you want to do I was second thing you want to do once you figure out if you are definitely eligible you want to make sure that you are using the correct version of the form and the correct version is available on USCIS dot gov it is free of charge you do not have to pay for an application okay make sure that a lot of scams out there that people say they’ll help you and they ask for money for everything this is all free stuff you should not have to pay except for the feet when you send in your application ok the new application is pages if you have an old application specifically before then that is no longer valid that’s the old page application this new application is pages long it has additional questions specifically about terrorism and it also has a d barcode technology ok especially if you do your answers online ok so when you get the application let’s see the application looks like this here is the application for naturalization you can see right here USCIS form and okay after this after our general instructional video we’re going to go through this whole forum step by step we are going to go over part part ok part part and you can see it is pages long make sure on the bottom it says pages so you have the correct form that is exactly what it looks like today right let’s go back here you want to type or print clearly using black ink ok if extra space is needed to answer any questions specifically if it talks about where we lived in the past five years where you worked where have you have you left the united states in the past five years if you have more answers then allows on that page then you need to attach additional sheets of paper do not write in the margins or try to squeeze it in attach additional sheets of paper and then on each additional sheet of paper you need to write your alien registration number you’re a number the date the application part an item that you’re referring to on the additional sheet and also sign it’s your signature on each additional sheet please make sure you do that and then put all the sheets together with the application ok it’s much easier to go ahead and type right on the computer it’s easier for them to read if you can’t and you have a printout that’s fine just make sure that you print very clearly it’s it’s helpful also if you use all capital letters of people find that easier to read and answer all questions very important don’t leave anything blank if there is something that you know is not applicable just right and a it unless it says you can leave it blank otherwise just right and a truck do not leave anything blank answer all the questions and avoid highlighting crossing out for writing outside the area for a response ok again very important if you have to make a lot of Corrections if you’re writing this out using a black pen then you use that it would be best to start over if you have to if you figure out you have to cross stuff out and and rewrite stuff and the reason is because all these scanners all this new technology the scanners could sometimes get mixed up if there’s a lot of correction tape if there’s a that you know whiteout fluid the scanners don’t pick up that they don’t read it well and then read sometimes what’s underneath it you do not want to have incorrect information going through because it could delay your application or could downright reject your application and you don’t want to do that and also you don’t want to lose the money you send in so just go ahead and print off another you know pages and and start over or just the page that you messed up on okay all right you’re going to provide your a number which is your alien registration number on the top right hand corner of each page hey it’s located on your permanent resident card and if you look here let’s see your your permanent resident card is formerly known as the alien registration card or your green card and you look here if your permanent resident card looks like here you can see you’re a number and the date you became a pert permanent resident that is going to be important so these two numbers they are going to be very important so your card should look something like one of these depending on when you received it okay if you’re and you want to have your your alien registration number consists of seven to nine numbers all together and it has fewer than nine numbers you want to put zeros in front of those numbers so for example if you want to make it a total basically you want to make it a total of nine numbers don’t leave the blanks at the end so you put zeros in the beginning to make it nine numbers long so for example here right number a as so that’s only seven numbers you want to write okay or if it’s a one two three four five six seven eight you want to write a ok so make sure that area has nine numbers and if we go back here real quick all right you can see right here enter your nine-digit a number they is already there for you your nine-digit a number it is on every page and put that on every page now if you are doing it on the computer the computer will automatically fill that in for you on each page ok let’s go back your application must be properly completed and signed a photocopy of the application is acceptable as long as it bears a handwritten signature right you can’t stamp type right you don’t want it you know if you’re using the computer don’t type your name you gotta print it out and sign it before you send it in right otherwise they will not be accepted make sure that it is signed your application must be accompanied by the appropriate filing fee appropriate filing fee and as of march first marched first i will update this if it changes but as of two day march first the current filing fees are as such the thought that be for filing your application is dollars and the biometric services is $ so you or got you are going to pay a fee with a check or money order drawn on the US bank payable to the Department of Homeland Security do not use initials do not use DHS department of homeland security for six hundred eighty dollars six hundred eighty dollars to the Department of Homeland Security as a march first above all do not send cash do not send cash ok there is a way you can use a credit card and there’s no additional fee the you can its that’s another form and it’s the g and that’s on USCIS dot gov website i will put a link to that down below I didn’t think about that but i’ll put a link to that as well down below ok for using a credit card otherwise a check or money order is best right if you are applying for naturalization based on armed forces in the United States then there’s no filing fee or biometric services fee if you are over years old then you don’t have a biometric services be either for the fingerprinting with your application hi so there are like I said they’re little except exceptions especially for military and all right there is the fee waiver guidance the fee waiver guidance is basically it’s a another form the I – you may file for a fee waiver based on inability to pay ok you have to use the the request for a fee waiver form i- and or you can you can write a written request is also acceptable to be very honest with you is very hard to get one of these waivers right and don’t send the fee waiver request by itself you have to send it with your full form n form application right to be eligible for the fee waiver you have to qualify for means-tested benefits your household income is at or below one hundred fifty percent poverty level at the time you file and you can see the poverty guidelines for the fee waiver requests also if you’re experiencing a financial hardship that prevents you from paying the filing fee including unexpected medical bills or emergencies you can go ahead and request the waiver and explain the situation right ok let’s go back here for a sec and i will show you here the fee waiver guidance will give you the instructions for filling out you look down here instructions for form i- request for fee waiver ok and you could get the form and fill that out or you again you can send in a hand written explanation about about doing so it’s always better to do kind of the you know the the computerized version to be honest with you it’s easier for people to read if you can do that all right I want to ok so the d barcode technology if you are completing the form on a computer the data you enter will be captured using d barcode technology and it will ensure that the debt the data you provide is actually entered into the USCIS system and then as you complete each data field the d barcode line will shift as the data is captured blah blah blah blah technology right anyway the bottom line is be very careful not to mess that barcode up ok so don’t fold it don’t staple it don’t puncture it don’t write on the bar code because that’ll just mess everything up and and take more time to process your form you want to make sure your form is nice and neat and clean and clear so there’s no mix-ups right okay so okay oh so early filing remember how we said that you need to be a permanent resident for at least five years or three years if you’re married to a u.s. citizen you can actually file days before you can you complete that permanent residence requirements ok if you are permanent resident for five years you can fill out file the application at four years years months Caillou I’m sorry was it four years months blah and so you can file a little bit early all right because when by the time they get it and process it that three months will be over and you will you know be up to that five years or that three-year mark so you can file a little early all right and so to determine your day early filing date begin by identifying your five year three year date as permanent residence ok if your permanent resident card says July th you meet that five-year permanent resident mark on july th right but as long as you’re eligible and you have and you’re definitely eligible for citizenship you can file your end four hundred ninety days before july th ok so then the earliest state you can apply would be april fifth okay that is a little bit like three months or so before you want to make sure that you don’t file sooner than that date though ok have to be very careful about that early filing date because if you filed to early even by a day or two days they might throw out your application and you have to start all over and block so you want to be careful with that and to make it easy they actually have this USCIS early fought for filing but can’t calculator ok so they have this information for the early filing calculator and you can actually click there but and it comes up with look at that date calculator you type in your anniversary date and then it will the earliest accepted filing date okay all right the calculator will help you verify that you file your form and with USCIS no more than days prior to your permanent resident anniversary date USCIS will deny your form and if you file your form be more than days prior to your anniversary date and you also might lose your money so be very careful of that early filing date ok days and not a day sooner all right evidence you must submit all required initial evidence along with all the supporting documentation with your application at the time of file link otherwise they will you know hold your application and say you need to submit more and it just goes on and on so make sure that when you send in your application you send in your filing fees in your biometric piece and you also send in all the documentation that you need ok and again everyone situation is different you might have to send in tax reports unit might have to send in your Widow you might have you will have to send in the death certificate if you have a divorce you have to send in the divorce certificate things like that ok you can find oops close this the document checklist again the link will be down below but here is a very specific document checklist so it says right here all applicants all applicants must send in the following three items which is the photocopy of both sides of your permanent resident card you need two identical color photographs with your name and alien registration number written in pencil on the back you need to chip send in the check or money order for the application in the biometrics to be all right but then there’s other that’s for everybody then there are other things that you can send in like sin copies of the following documents unless we ask for an original and can send in copies remember because the copies you might not get back so these are our different if your current legal name is different from the name on your permanent resident card you have to send in the document that says you you know legally changed your name you need to send in your you need to send in evidence that your spouse has been a US citizen if you’re doing the the spouse three-year thing you need to send in the current marriage certificate proof of termination of all other marriages your divorce certificates things like that that are specific to each person so you’re going to want to make sure you go through this document checklist to make sure you go you actually send in all the proper documents okay some people don’t have to send hardly anything in okay you just send these three things in and you’re done but other people have to send in a lot more documents okay just make sure that you send in what you need ok that is evidence hey the biometric services appointment after you file your application the USCIS will schedule your biometric services appointment which is your fingerprinting ok they will send you a four on an appointment notice that’s form I see notice of action and will include the date the time and the location for your appointment ok you make sure you attend that appointment because failure to attend the appointment may result in denial of your application the fingerprinting will allow us see is to confirm your identity and then run the background checks and security checks on you so you make sure that you attend that appointment if you can’t attend that appointment you will have to contact you is you SC is immediately to let them know to try to get a new appointment ok when you go to the appointment bring your appointment notice and a valid photo identification hey copies unless it is specifically required that you give them an original document copies are fine one because you might not get the copy back you might not get the original document back just make sure your copy is legible guy like a clear nice copy alright translations any documents submitted to USCIS with information in a foreign language must be accompanied by a full english language translation and the translator must certify that the english-language translation translation is complete and accurate and that he or she is competent to translate from the foreign language into English ok so make sure if you are sending documents in death notices divorce notices anything that may have maybe in your first language have those translated okay before you send them in all right so basically that’s the overview of the love of the n application submitting them four hundred application and going through how to fill it out and what’s going to happen the next videos the next few videos we’ll go through the n application form step by step we’ll go through each part all parts will answer specific questions right so if you are interested if you are already not subscribed to this channel please subscribe below and then you can receive the newest videos as they come out so thank you very much and good luck to all of you
form m-4768
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part 5 form m-476— IMM_AMM (@IMM_AMM) 19 de septiembre de 2016
Form m 476 a guide to naturalization
Form m 476 a guide to naturalization
https://www.uscis.gov/sites/default/files/files/article/M-476.pdf
A Guide to Naturalization (USCIS). Form m 476
https://www.dhs.gov/external/guide-naturalization-uscis
http://blog.lawyersinus.com/form-m-476-part-5/
Naturalization form m 476 https://t.co/ZugaC0aerm
— IMM_AMM (@IMM_AMM) 21 de septiembre de 2016
Form m-476 part 5. A Guide to Naturalization. Form m 476
Form m 476
M-476 – USCIS
https://www.uscis.gov/sites/default/files/files/article/M-476.pdf
Naturalization form m 476 https://t.co/ZugaC0aerm
— IMM_AMM (@IMM_AMM) 21 de septiembre de 2016
Naturalization form m 476
Citizenship and Immigration Services
Overview
CIS Ombudsman
Results
Mailing Notice Final Rule Summary
Northern Mariana Islands Transition to U.S. Immigration Law
Providing Immigration Benefits & Information
Defense of Marriage Act Ruling
E-Verify
https://www.dhs.gov/external/guide-naturalization-uscis
http://blog.lawyersinus.com/form-m-476-uscis/
Form m 476 uscis
Recent changes in immigration law and USCIS procedures now make it easier for U.S. military personnel to naturalize, see the USCIS Policy Manual guidance on Military Members and their Families. Also see Naturalization Information for Military Personnel (PDF, 671 KB).
A Guide to Naturalization (M-476) provides information on
- The benefits and responsibilities of citizenship
- An overview of the naturalization process
- Eligibility requirements.
https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/guide-naturalization
Form m 476
M-476 – USCIS
https://www.uscis.gov/sites/default/files/files/article/M-476.pdf
How do I change my address with USCIS?. A Guide to Naturalization. Form m 476
The notice of change of address applies not only to Non-immigrant Visa Holders, such as F-1, H-1B, and so on, but as well to green card holders.
Visitors who do not comply with the change of address requirement during their stay in the United States will be considered “Out of Status”.
You must report a change of address within 10 days of moving within the United States or its territories. This process is straightforward and allows you to complete everything online.
You can change or update your address online, please visit the USCIS website It will ask you if this change of address is for an application or petition currently in progress. This will help USCIS to ensure that you receive any notices or documents without delay.
The first form you will need to complete is form AR-11. Once you complete this form, the system will prompt you to complete the second step and update your address on any pending or recently approved applications and petitions.
If you fail to update your address, you may face harsh consequences. You may be subject to deportation and other stiff penalties.
Which uscis office to apply for adjustment of status ?. A Guide to Naturalization. Form m 476
Notice of intent to deny uscis. Reasons for an NOID
If you have received a NOID, it should state the grounds for which your request was denied.
Reasons for denial could include:
- You did not fully complete the application
- You did not provide enough proof that you have the required education or experience needed for the position you are trying to fill
- You applied for a nonimmigrant visa but not show enough proof that you intend to only stay in the U.S. on a temporary basis
- You somehow misrepresented certain facts
- You were convicted of a crime that disqualifies your application
The good news is that receiving an NOID does not mean that your application has been denied, but rather that it will be denied if the reasons for the NOID are not overcome.
https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions
Form i 864 uscis
Uscis regional center. Form i 864 uscis
Uscis permanent resident
Order a remand to USCIS Appeal a USCIS decision on a Form I-130
Deportation Defense Lawyer in NYC (New York). (973) 814-4408 –
GET YOUR DEPORTATION DEFENSE HELP HERE.
Contact with us here or Call us (973) 814-4408:
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If you are accused of a State or Federal criminal offense, you can’t afford to stand trial without a dedicated and experienced criminal defense lawyer on your side.
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A criminal case begins with investigations being conducted by police officers or federal agents.
The arrest of a suspect or the issuance of a warrant for his arrest is made as soon as there is probable cause to believe that an individual has committed the offense.
All U.S. Citizens have a constitutional right to have a reasonable bail set by a judge within 24 hours or being arrested.
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The prosecutor will then provide all the evidence against the accused to the Federal defense lawyer, also known as “discovery”.
After that, the case will be scheduled for a series of status conference hearings, so that both the defense lawyer and the prosecutor can make pre-trial motions with the Court.
At this time, the prosecutor will make a plea offer to the accused for a lighter punishment that could be received in a jury trial.
The accused has also a constitutional right to be informed by an Immigration Attorney of the immigration consequences of a criminal conviction on his or her legal status in the United States.
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We possess a thorough knowledge of the immigration consequences of criminal convictions and the waivers and the remedies available to individuals and families in immigration court proceedings.
Asylum
Asylum law is the protection of refugees fleeing persecution.
The Immigration and Nationality Act (“INA”) defines a “refugee” as: any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
An applicant may apply for asylum if she is “physically present in the United States” or at the border.
Individuals seeking protection from outside the United States may apply for refugee status.
The applicant may qualify as a refugee either because he or she has suffered past persecution or because he or she has a well-founded fear of future persecution.
We have extensive experience presenting these claims at the asylum office and at the immigration courts level.
Prosecutorial Discretion
“Prosecutorial discretion” is the authority of an agency or officer to decide what charges to bring and how to pursue each case.
A law-enforcement officer who declines to pursue a case against a person has favorably exercised prosecutorial discretion.
Prosecutorial discretion may be exercised at any stage of an immigration case.
Specifically, prosecutorial discretion may be exercised when deciding whether to: issue a detainer (ICE hold); initiate removal proceedings; focus enforcement resources on particular violations or conduct; stop, question, or arrest a particular person; detain or release someone on bond, supervision, or personal recognizance; settle or dismiss a removal case; stay a final order of removal; pursue an appeal; and/or execute a removal order.
Examples of the favorable exercise of prosecutorial discretion in the immigration context include a grant of deferred action; a decision to terminate or administratively close removal proceedings; a stay of removal; or a decision not to issue a charging document in the first place.
Because of limited agency resources, ICE cannot remove all persons illegally present in the U.S. Instead, ICE uses a number of factors to decide when to prosecute and when to exercise prosecutorial discretion.
While too lengthy to list here, the factors include: the person’s pursuit of education in the U.S.; the circumstances of the person’s arrival in the U.S.; the person’s length of presence in the U.S.; whether the person or any immediate relative has served in the armed forces; the person’s ties and contributions to the community; whether the person has a U.S. citizen or permanent resident spouse, child, or parent; the person’s age; the person’s ties to his or her home country; and whether the person is likely to be granted some sort of temporary or permanent relief from removal.
Drug offenses and Federal Immigration Crimes have the toughest penalties and sentencing guidelines.
Thus, it is essential to hire a deportation defense lawyer with criminal defense experience that can fight for your case and protect your rights.
The criminal case can result in a dismissal, a judgment of acquittal, or a conviction.
In New York, a criminal conviction can be appealed to the Appellate Division of the Supreme Court.
In the alternative, a Motion to Vacate a criminal judgment can be filed with the same court that entered the conviction. In Federal Court, this post-conviction motion is called Writ of Coram Nobis.
If you are an immigrant that has been placed into deportation proceedings as a result of a criminal conviction, you need to immediately hire a Deportation Lawyer or Deportation Attorney.
In many cases, you will be able to apply for a Waiver or for Cancellation of Removal and remain legally in the United States.
Deportation Lawyer NYC. Waiver Attorney. Deportation Waiver NJ & NYC. Call us (973) 814-4408
Deportation defense guide. Deportation Problems? Call us (973) 814-4408
What does deportees mean?. USA deportation. Deportation Problems? Call us (973) 814-4408
Deportation Officer Forum. Deportation Defense. Call 9738144408
Deportation defense guide here:
Deportation Officer Forum.
Deportation Problems? Call us (973) 814-4408
Deportation Defense Lawyer in NYC (New York). (973) 814-4408 –
Getting A Deportation Order Revoked. Call us (973) 814-4408
More information about Getting A Deportation Order Revoked – Deportation officer forum here:
Abogado criminalista de inmigración – Deportation officer forum – Abogado NYC & NJ
Getting A Deportation Order Revoked. Deportation officer forum
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
abogado criminalista en defensa de inmigrantes cruzando – Abogado NYC & NJ
Fighting Deportation With A Felony
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Deportation Without Representation
2015 New Jersey Rising Start List – Abogado NYC & NJ
Fighting Deportation With A Felony. Deportation officer forum
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Deportations Under Bill Clinton
Abogado Criminalista de Inmigrantes – Abogado NYC & NJ
F1 Student Deportation. Deportation officer forum
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RESIDENCIA PERMANENTE PARA VICTIMAS DE VIOLENCIA DOMESTICA – Abogado NYC & NJ
F1 Student Deportation
Abogado criminalista de inmigración | Defensa criminal – Deportation officer forum
Abogado criminalista de inmigración Archives – Abogado NYC & NJ
Deportations Under Clinton
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Residencia Permanente en Estados Unidos o Green Card – Abogado NYC & NJ
Deportations Under Clinton
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
2015 New Jersey Rising Start List Archives – Abogado NYC & NJ
Deportations Under Bill Clinton
Deportations Under Bill Clinton
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Renovación de la tarjeta verde condicional (Green Card) – Abogado NYC & NJ
Deportations Under Bill Clinton. Deportation officer forum
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Deportation Without Representation
RESIDENCIA PERMANENTE PARA VICTIMAS DE VIOLENCIA DOMESTICA – Abogado NYC & NJ
Deportations Begin
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¿Qué tipo de visa necesito para entrar en los EE.UU.?
Deportations Begin
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Residencia Permanente en Estados Unidos o Green Card – Abogado NYC & NJ
Deportations 2016
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Deportations 2016
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Renovación de la tarjeta verde condicional (Green Card) – Abogado NYC & NJ
Deportation Without Representation
Deportation Without Representation
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¿Que debo hacer inmediatamente después de tener un accidente en el trabajo? – Abogado NYC & NJ
Deportation Without Representation
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
¿Qué tipo de visa necesito para entrar en los EE.UU.?
Deportation What Happens
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¿Puedo demandar al dueño de un perro por los daños que me ocasionara? – Abogado NYC & NJ
Deportation What Happens
Abogado criminalista de inmigración
Deportation What Does It Mean?
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Permiso de trabajo y documentos de viaje – Abogado NYC & NJ
Deportation What Does It Mean
Abogado Defensa criminal in New York and New Jersey
¿Que debo hacer inmediatamente después de tener un accidente en el trabajo? – Abogado NYC & NJ
Deportation V. Removal
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Abogado NYC & NJ – Page 2 of 2 – Abogado de Nueva york & New Jersey Estados Unidos
Deportation V. Removal
Criminalista de inmigración | Defensa criminal
¿Puedo demandar al dueño de un perro por los daños que me ocasionara? – Abogado NYC & NJ
Deportation To South Korea
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Nuevos requisitos para actualizar estatus de Visado H-1B – Abogado NYC & NJ
Deportation To South Korea
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Permiso de trabajo y documentos de viaje – Abogado NYC & NJ
Deportation To Mexico
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Deportation To Concentration Camps
Los delitos penales y la inmigración legal en los Estados Unidos – Abogado NYC & NJ
Deportation To Mexico
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Abogado NYC & NJ – Page 2 of 2 – Abogado de Nueva york & New Jersey Estados Unidos
Deportation To Liberia
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Las exenciones en la Inmigracion (Waivers) – Abogado NYC & NJ
Deportation To Liberia
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Nuevos requisitos para actualizar estatus de Visado H-1B – Abogado NYC & NJ
Deportation To Laos
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Deportation Or Removal Proceedings
LA TARJETA VERDE PARA LOS MIEMBROS DE SU FAMILIA – Abogado NYC & NJ
Deportation To Laos
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Los delitos penales y la inmigración legal en los Estados Unidos – Abogado NYC & NJ
Deportation To Jamaica
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La tarjeta de residencia en Estados Unidos – Abogado NYC & NJ
Deportation To Jamaica
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Deportation To Concentration Camps
Las exenciones en la Inmigracion (Waivers) – Abogado NYC & NJ
Deportation To Haiti 2016
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Deportation Of A Level Student
La frustración en el proceso migratorio legal en los Estados Unidos – Abogado NYC & NJ
Deportation To Haiti 2016
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
LA TARJETA VERDE PARA LOS MIEMBROS DE SU FAMILIA – Abogado NYC & NJ
Deportation To Haiti
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Deportation From Usa To Ukraine
LA FIANZA EN LOS CASOS DE DEPORTACIÓN – Abogado NYC & NJ
Deportation To Haiti
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Deportation Or Removal Proceedings
La tarjeta de residencia en Estados Unidos – Abogado NYC & NJ
Deportation To Concentration Camps
Deportation To Concentration Camps
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INMIGRACIÓN DE NEGOCIOS E INVERSORES – Abogado NYC & NJ
Deportation To Concentration Camps
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
La frustración en el proceso migratorio legal en los Estados Unidos – Abogado NYC & NJ
Deportation To Cambodia
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Deportation From Usa To Philippines
Información esencial para conseguir un visado de trabajo H-1B – Abogado NYC & NJ
Deportation To Cambodia
Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey
Deportation Of A Level Student
LA FIANZA EN LOS CASOS DE DEPORTACIÓN – Abogado NYC & NJ
Deportation Or Removal Proceedings
Deportation Amnesty
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https://www.academia.edu/17249710/Deportation_Defense_Lawyer_in_NJ_NJ_Immigration_Attorney
http://blog.lawyersinus.com/deportation-defense-lawyer-deportation-law-firm-new-jersey-nj-2/
Deportation Amnesty
Deportation 2015
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http://www.lawcourts.ca/?s=deportation+amnesty
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Deportation Hardship Letter
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Deportation Hardship Letter
Deportation Guidelines
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Deportations By Year
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Deportations By Year
Deportation Statistics
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Deportation Plan
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Deportation Plan
Deportation Officer Jobs
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Deportation Catapult
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Deportation Catapult
Deportation Amnesty
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Deportation Police
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Deportation Police
Deportation Plan
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Deportation Court
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Deportation Court
Deportation Catapult
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Deportation Help
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Deportation Help
Deportation Hearing Process
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Deportation Order
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Deportation Order
Deported From Us
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illegal reentry after deportation
More information about: illegal reentry after deportation http://www.lawcourts.ca/?s=illegal+reentry+after+deportation
http://www.lawcourts.ca/?s=illegal+reentry+after+deportation
illegal reentry after deportation
n400 timeline
http://blog.lawyersinus.com/immigration-lawyers-in-nj
http://www.pardonscriminalrecords.ca/?s=illegal+reentry+after+deportation
http://www.dglitigators.com/?s=illegal+reentry+after+deportation
Deportation Data
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Deportation Data
Deportation Court
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Deportation Letter Of Support
http://www.lawcourts.ca/?s=deportation+letter
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Deportation Letter Of Support
Deportation Help
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Deportation Inc
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Deportation Inc
Deportation Fact
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The Acadian Deportation
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The Acadian Deportation
Deportations Under Obama Administration
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Deportation Grounds
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Deportation Grounds
Deportation Green Card
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Deportation Raids
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Deportation Raids
Deportation 2016
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Deportation Memorial Paris
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Deportation 2015
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Deportation Grounds
Deportation Memorial Paris
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What is N400 Tracker? N-400 instructions –
Download the N-400 instructions here
US Citizenship Tracker. N400 tracking.
If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.
To become a citizen at birth, you must:
Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR
had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements
To become a citizen after birth, you must:
- Apply for “derived” or “acquired” citizenship through parents
- Apply for naturalization
For more information, see USCIS Policy Manual Citizenship and Naturalization Guidance.
https://www.uscis.gov/sites/default/files/files/form/n-400.pdf
What are the requirements to file Form N-400?
N-400 instructions. General Eligibility Requirements.
You may apply for naturalization when you meet all the requirements to become a U.S. citizen.
General eligibility requirements are the following:
1. You are at least 18 years of age at the time of filing (except active duty members of the U.S. Armed Forces);
2. You are a permanent resident of the United States for a required period of time;
3. You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing;
4. You have demonstrated physical presence within the United States for a required period of time;
5. You have demonstrated continuous residence for a required period of time;
6. You demonstrate good moral character;
7. You demonstrate an attachment to the principles and ideals of the U.S. Constitution;
8. You demonstrate a basic knowledge of U.S. history and government (also known as “civics”) as well as an ability to read, write, speak and understand basic English; and
9. You take an Oath of Allegiance to the United States. Some applicants may be eligible for a modified oath
Form N 400 instructions. i-400 instructions
What is the N-400 processing time? Uscis n-400 processing time
Form N-400, Application for Naturalization, is used to apply for U.S. citizenship. In fact, through this process, people born outside the United States become U.S. citizens.
The majority of applicants are at least 18 years old and fall into one of the following basic eligibility requirements:
- Have been a permanent resident for the past 5 years, or
- Currently married to and living with a U.S. Citizen and have been married to and living with that same U.S. citizen for the past 3 years, or
- Currently serving in the U.S. Armed Forces (or will be filing your application within 6 months of an honorable discharge) and have served for at least 1 year.
http://www.simonebertollini1.com/Immigration/Citizenship/N-400-Processing-Time.aspx
CASE STATUS ONLINE. File Online
Log in to File OnlineBy filing online you can submit and view certain benefit requests, receive electronic notification of decisions, and receive real-time case status updates.
Online filing with USCIS allows you to:
- Conveniently and securely set up and manage your account when submitting applications, petitions, or requests;
- Electronically submit applications, petitions, or requests and supporting documents;
- Receive and respond to notices and decisions electronically;
- Make payments online (such as filing fees, biometric services fees, or the USCIS Immigrant Fee); and
- Access real-time information about the status of your cases.
https://www.uscis.gov/file-online
https://egov.uscis.gov/casestatus/landing.do
n-400 tracker https://t.co/8FRt8ykqTR
— IMM_AMM (@IMM_AMM) 25 de diciembre de 2016
N400 naturalization application one check
USCIS Case Status Check Online with Receipt Number
The USCIS Naturalization Interview and Test Video (2017)
USCIS Case Tracker & Searcher for iOS – App Preview
Calling USCIS and getting to a Customer Service Rep.
https://egov.uscis.gov/casestatus/landing.do
https://immigrationinamerica.wordpress.com/category/immigration-attorney-in-new-jersey-and-new-york/
N400 Citizenship. N400 tracker
N400 instructions fee. N400 fee waiver instructions. N 400 instructions form
N-400 tracker
Purpose of Form: To apply for U.S. citizenship.
If you are filing your naturalization application under the military naturalization categories listed in, sections 328 or 329 of the Immigration and Nationality Act (INA), you must send your application to the Nebraska Service Center (NSC) regardless of where you live and whether you are filing from within the United States or abroad.
N400 tracker https://www.uscis.gov/n-400
N-400 tracker
N 400 tracker. https://t.co/pVzTOvLJel https://t.co/eHFd2EFqEX https://t.co/OuVNPN7U5r
— IMM_AMM (@IMM_AMM) 11 de diciembre de 2016
https://t.co/gvkWIsdYc2 N400 case tracker. Form N-400 instructions. https://t.co/eW1yghIJ4F https://t.co/GAbMw6CGOn #NYCnowApp
— NYCnow (@NYCnowApp) 11 de diciembre de 2016
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— IMM_AMM (@IMM_AMM) 28 de diciembre de 2016
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— IMM_AMM (@IMM_AMM) 11 de diciembre de 2016
What is N400 tracking?
221g white slip administrative processing. –
221g white slip administrative processing
Some applicants are ineligible to receive a U.S. visa under INA section 221(g) due to failure to provide some information or document(s), or some further procedure, or review by the U.S. Consulate or another U.S. government agency (such as USCIS) must be completed.
Even though the 221(g) rule is the same across all U.S. Consulates, different Consulates have been asking for varying levels of information for several visas such as the H1 visa.
And even though the specific color itself may not mean anything, several U.S. Consulates, specifically in India, have been using the 221(g) form of different colors to indicate different types of requirements or problems.
Many cases are put under administrative processing for security review. In most cases, there is no security issue. Still, visa applications remain pending for weeks or months.
Get more information about 221g white slip administrative processing here:
New York Immigration Attorney http://www.simonebertollini.com/
New Jersey Immigration Lawyer http://www.simonebertollini1.com/
Criminal Immigration Attorney http://www.criminalimmigrationlawyer.com/
221g white slip administrative processinghttps://t.co/t9tZMVvsS6 https://t.co/DSAwRACOeO
— Immigration in NY (@NySim1) 5 de septiembre de 2016
Reason for getting 221g, Administrative Processing, H-1B Stamping issues
221g administrative processing time – 221g tracker – 221g status
Administrative Processing (221g) Information
INA 221(g) Refusal and New H-1B Filing
Filing an Affidavit of Support Form for a Relative –
What is an Affidavit of Support for immigration?
If you are bringing a relative to live permanently in the United States, you must accept legal responsibility for financially supporting this family member. You accept this responsibility and become your relative’s sponsor by completing and signing a document called an affidavit of support. This legally enforceable judgment lasts until your relative becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years.)
For Whom is an Affidavit of Support for immigration required?
You must complete and submit affidavit of support form if you are bringing a relative to the United States. An affidavit of support, is required for all immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family-based preferences:
First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their unmarried children.
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children.
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children.
You must also complete an affidavit of support form if you are a U.S. citizen or lawful permanent resident and filed an employment-based immigration petition for a relative or if you have a significant ownership interest (5 percent or more) in a business that filed an employment-based immigrant petition for your relative.
Persons whom US Citizenship and Immigration Service has approved as self-petitioning widows or widowers or battered spouses and children are exempt from this requirement.
EB-5 INVESTOR VISA –
In 1990, Congress created the EB-5 program to benefit the U.S. economy by attracting investments from qualified foreign investors. Under this program, each investor is required to demonstrate that at least 10 new jobs were created or saved as a result of the EB-5 investment, which have a requirement of a minimum $1 million, or $500,000 if the funds are invested in certain high-unemployment or rural areas.
In 1992, Congress increased the economy impact of the EB-5 program by permitting the designation of Regional Centers to pool EB-5 Capital from multiple foreign investors for investment in USCIS approved economic development projects within a delimited geographic region.
More than 25 countries, including Australia and the United Kingdom, use similar programs to attract foreign investments. The U.S. program is more demanding than many others, requiring substantial risk for investors in terms of both their financial investment and immigration status.
The EB-5 immigrant visa is an investment-based opportunity for a green card.
As a general rule, you may obtain a permanent resident status (also known as green card) through the EB-5 visa if you fulfill two major requirements:
– an investment of $1 million of legally obtained capital in a commercial enterprise in the U.S., and
– create 10 jobs for U.S. workers.
As mentioned before, the “investment” requirement can sometimes be lower. For instance, if you invest through a “Regional Center” or within a “Targeted Employment Area,” then the investment requirement is only $500,000. (“Targeted Employment Areas” include “rural areas” or “high unemployment area”).
In general, the EB-5 visa has the following advantages over employment-based green card options and achievement-based green card options:
– Does not require a PERM labor certification. That is, there is no need to show there is a shortage of U.S. workers to perform your job.
– Does not require a permanent job offer in the United States. In comparison, if you instead use the more common business-related green card category, EB-1C Multinational Executives or Managers (which is the “permanent” version of the L-1A Multinational Executives or Managers nonimmigrant visa), you have to prove that you have a permanent job offer.
– Does not require you to maintain your existing home-country business. If you want to abandon your business operations outside the United States, you can shut down those operations and still obtain your green card in the United States. (You should always check with your immigration lawyer before shutting down your overseas business, though.) In comparison, under the EB-1C Multinational Executives or Managers green card option, you must maintain your business operations in your home country throughout the green card application process.
– Does not require Extraordinary Ability (or “national interest” level achievements) in business. You need to demonstrate to have $1 million in legitimately obtained money to invest in the United States.
– Does not require you to be a citizen of a Treaty Country, line the E-2 Visa or the E-1 Visa.
Civil Appeals Procedures in New York –
You are allowed to file an appeal if you think the City Court has judged your civil case without legal considerations. The process is lengthy and intricate, and the assistance of an experienced appeals lawyer is crucial.
An appeal does not automatically make you eligible for another trial. The purpose of the appeal is to examine the minutes of the trial conducted earlier to see if anything was done unlawfully.
1.
Cases in Which there is no Right to Appeal
If your case was decided by an arbitrator or referee (essentially, outside the court), and the jurisdiction to the arbitrator was conferred through mutual agreement between the parties, the case becomes ineligible for appeal.
If you don’t file a notice of appeal within 30 days of the original decision (20 days, in some cases), you lose your right to appeal
The appeal procedure is extremely time-sensitive. You must move quickly in order to get your case reconsidered by the court.
Filing the Appeal – The Process
Here’s the step-by-step process you need to follow in order to file your case for appeal. Consult an appeals lawyer to get assistance through these steps. Federal Appeals may have different rules.
1. The appeal needs to be filed within 30 days of the judgment.
2. You’ll need to submit an undertaking in the form of a bond or a certified check in order to halt the enforcement of the judgment.
3. Alternatively, you can acquire a stay order from the Appellate Term of the Supreme Court in order to halt the enforcement of the judgment.
4. Fill in the “Notice of Appeal” form and create two copies from it. Get one copy served to the opposing party by a process server (someone over the age of 18 and not involved with your case). The second copy will serve as your record for the appeal. The original document is to be filed with the court.
5. Pay the court fees for your appeal and notify the court clerks.
6. In addition to this, you’ll need to apply for the transcript of the minutes of the trial. If a Court Reporter was present during your trial, you’ll need to contact him/her for the transcript. The Court Reporter is legally allowed to charge a fee against the transcript.
7. In case the Court Reporter was not present during your trial, you’ll need to get the audio of your trial transcribed by authorized parties. You’ll need to submit a written request with the court clerk in order to obtain the original transcription of your case.
8. Read through the transcript, address any problems with the content and file your objections/amendments with the opposing party within 15 days of receiving the document.
9. Original copies of all communication between the two parties need to be filed with the court in addition to the Notice of Appeal. If you wish to provide additional supporting documents, you can do so by consulting the court clerk.
10. Once the final decision has been made by the court, it will be mailed to all involved parties on their stated addresses.
HOW CAN AN IMMIGRATION LAWYER HELP YOU? –
A criminal and immigration attorney will prepare and send your immigration forms with the proper documentation to the “U.S. Citizenship and Immigration Service”.
And we will inform you what documents you need to bring with you the date of the interview with the US Immigration Service, which include the certificates of dispositions of any criminal case ever filed against the applicant.
The lawyer prepares forms for applicants nationwide and internationally.
The requirements to file the application forms with the Immigration Services are all the same all over United States and the world. The lawyer will be with you during the complete process no matter where you live regarding your US immigration case.
He or she will keep you informed about any changes from the “US Citizenship and Immigration Service”.
Finally, the immigration lawyer will help you until you have your residency or green card.
Why are Regional Centers Created? –
Aside from creating an enticing platform for U.S. residency, the regional center concept is premised upon the thought that pooling investor funds into one project is safer and constructive when compared to the risks associated with creating, managing, and developing an individual investment project.
Furthermore, U.S. developers like to expand the diversity of their investor pool and provide a fresh source of capital as they welcome foreign investors.
This process further reduces the risk of liquidity as many transactions are allequity with little or no bank financing.
Since the primary motivation for many investors is U.S. residency, a small but reasonable return on their capital is usually expected and provided.
The job creation component is a motivating factor underlying the development of the regional center program.
This requirement is of great interest to Congress as well as the U.S. economy as a whole. Dependent on the total number of investors, a regional center may be required to create thousands of direct and indirect jobs which will satisfy both the project and the lifting of the conditional status of the investor.
This requirement is fulfilled relatively early on in the process as the job component must be demonstrated no later than 24 months after an investor receives his or her conditional U.S. residency.
While there is no bar to individual investors creating their own EB-5 application, this investment would require the creation of ten direct jobs, continued on-site management, and the risk of having to infuse greater capital to keep the business active. However, when investing in a Regional Center, an investor is relieved from those obligations as the Regional Center satisfies the job creation requirement, provides its own daily on-site management and development, and has no additional requirements for capital participation.
Additionally, during this period when traditional methods of financing have become limited and in many cases restricted, the EB-5 program and the regional centers created as its consequence, have opened the door welcoming a new form of alternative financing.
The plaintiffs and defendants of a lawsuit are the litigants, and are generally represented by a litigation law firm –
The plaintiffs and defendants of a lawsuit are the litigants, and are generally represented by a litigation law firm
A lawsuit (or legal action) is a civil action filed in a tribunal in which a plaintiff, someone asserting to have suffered a loss as a result of a defendant’s actions or inactions, asks a legal or equitable remedial measure.
The defendant must reply to the plaintiff’s legal papers, or a default judgment may be entered.
If the plaintiff wins the case, judgment is in his favor, and many court orders exist so that enforcement of a right, the award of damages, or impositions of a temporary or permanent injunction may be accomplished.
A declaratory judgment is often sought to prevent future lawsuits.
A lawsuit generally involves the resolution of disputes between private parties, corporations or non-profit organizations.
The phases involved in a lawsuit are referred to the word “litigation”.
The plaintiffs and defendants of a lawsuit are the litigants, and are generally represented by a litigation law firm. The word litigation is also used in criminal proceedings.
The civil and criminal procedure rules control the phases of a lawsuit in the common law-based legal system.
Procedural rules are also amended and changed by other statutory laws, precedential decisions, and constitutional rules that set the rights of the parties involved in legal proceedings.
The substance and extent of procedural laws change greatly from jurisdiction to jurisdiction (State or Federal), and even from court to court within the same judicial district or federal appellate circuit.
The procedural rules are crucial for the trial because they impose the timing of the lawsuit’s stages, and what the parties can file (and when), such as motions to dismiss, motion to suppress evidence, motion for summary judgment, or motions to reopen criminal cases.
Crime Involving Moral turpitude (CIMT) and aggravated felonies –
Under the U.S. immigration law, any alien convicted of a Crime Involving Moral Turpitude (CIMT), or who admits to have committed a CIMT, or the elements of a CIMT, is inadmissible to the USA. Moreover, many immigration crimes are included in the CIMT (or crimes involving moral indecency) category.
In the common law, “Moral Turpitude” refers to an act which is morally reprehensible, inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.
CIMTs are the oldest reasons of “removal” from the United States and were introduced in the U.S. immigration law for the first time in 1891, condemning to expulsion all those guilty people “who have been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude”.
The Board of Immigration Appeals (BIA) ruled that a CIMT involves a behavior that is itself vile or involves fraud or deception, but various Federal Courts have different forms of interpreting these conditions. Persons are potentially ineligible for a visa under Section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act (INA) if they are convicted of a statutory offense which involves moral turpitude.
The crimes involving moral indecency are grouped into three main categories:
– Crimes against property (blackmail, arson, robbery, burglary, receipt of stolen property, counterfeit godos, larceny, theft, or securities fraud);
2. – Crimes committed against governmental authority (tax evasion, corruption, fraud against the Government);
3. – Crimes committed against individuals, family and sexual morality (statutory rape, murder, second or third degree assault, disorderly conduct, child abuse or pornography, spouse abuse, aggravated stalking, kidnapping, attempted murder, accessory after the fact to murder).
Under the Immigration and Nationality Act (INA), the conviction of a crime which corresponds to this list, can make a person ineligible to enter the United States and to obtain a visa. To avoid ineligibility, you must file a criminal appeal. If the person is already present in the United States, the acquisition of a Green Card or the naturalization process can be denied. Most criminal convictions are based on state law. Crimes punished by only fines or even less have still been held to be CIMTs.
If the conviction was committed for a “Petty Offense”, the alien may still be admissible. In the case of a Petty Offense, the maximum possible penalty for the crime should not exceed imprisonment for one year and the alien was not sentenced to a term of imprisonment in excess of six months. The Petty Offense exception is not available if more than one CIMT offense was committed or admitted. The exception can often be relied, to exclude CIMT grounds. You may apply for a Petty Offense if:
– you are less than 18 years old;
– in some cases of purely political offenses (such as political rallies of opposition, in a politically repressed country);
– the sentence took place more than 5 years ago;
– the maximum penalty for the offense shall not exceed one year in prison and the offender was not sentenced to more than 180 days in prison.
Another way to atone for a CIMT, is to qualify for a pardon (Waiver), under the Section 212 (h) of the INA. This section allows exceptions when the sentence imposed was more than 15 years ago, the admission would not affect the security of the United States and the immigrant was later rehabilitated.
Finally, exemptions may be granted when the alien proves a condition of extreme hardship for the spouse, child and parent legally residents, if banned from entering in the United States.
The law on CIMTs is constantly changing, and only a lawyer familiar with local criminal laws as well as the Immigration Code, can provide a full analysis of your case.
FREQUENTLY ASKED QUESTIONS- U.S. immigration law
The following are some basic, frequently asked questions in regard to U.S. immigration law and
visas. Since immigration law is rapidly changing and highly complex, this web site is intended
to provide general information only and is not a substitute for legal advice on visa related
matters and immigration law.
Q. What is “labor certification?”
A. The United States immigration law states that an alien labor certification is a
certification by the Department of Labor that there are not workers who are qualified, able,
willing, and available at the prospective place of employment, and employment of an alien
won’t adversely effect the working conditions and wages of similarly employed workers in the
U.S.
Q. What is an “immigrant” versus a “non-immigrant”?
A. According to U.S. immigration law, an immigrant is an alien who intends to stay in the U.S.
on a permanent, or non-temporary, basis. A non-immigrant is an alien who is coming to the U.S.
for a temporary period for a specific purpose. It is possible for aliens to remain in the U.S.
for extended periods of time by virtue of a non-immigrant visa.
Q. What is the length of time for which a non-immigrant visa valid?
A. The maximum length for which the visa is valid depends upon the type of visa and, in some
instances, the alien’s specific circumstances. The length of stay in the U.S. and the date the
alien must depart depends upon the INS. period of stay granted by the INS.
Q. Is it possible for possible for a person to have “dual citizenship“?
A. Under certain circumstances, it is possible to have dual citizenship. This depends upon a
number of factors, including, how the citizenships were acquired, the actions of the
individual, the timing of the acquisition of the citizenships involved, and laws of the
country involved.
Q. Is every foreign national who intends to enter the U.S. required to obtain a visa?
A. Generally, yes.
If you would like to inquire about assistance with an immigration law or visa issue, please
Contact the Firm.
If you have further questions, please visit our links page.
Can an illegal immigrant fix his immigration status? –
Those that were not born in the United States and have not acquired U.S. Citizenship from their parents, will need a Visa or Green Card to enter the country.
Generally, a tourist Visa can be requested at a U.S. Consulate abroad by filling out an application and presenting documents of having strong ties to his or her country of residence.
Work Visas are granted to workers that are sponsored by an American company, and are subject to very strict rules. Because it is very complicated to obtain a work Visa in the U.S., many immigrants come with a tourist Visa and just stay in the country illegally. Many immigrants that are unable to even obtain a tourist Visa decide to enter the country illegally, by walking through the Mexican or Canadian borders.
Immigrant with illegal status have very limited options to regularize their position with the U.S. Citizenship and Immigration Services. Generally, those that overstayed their Visa can only get a Green Card if they marry a U.S. Citizen. Further, those that entered the country without a Visa have to go through a complicated waiver process, which require the assistance of the best immigration lawyers.
Other ways to change to a legal status are provided by special laws, such as the U Visa or the VAWA provisions. Finally, many illegal immigrant get legal status when the U.S. Government passes immigration reforms and amnesty laws.
Another common ground of ineligibility for immigration benefits are criminal convictions. Unfortunately, many immigrants do not understand the immigration consequences of criminal convictions when they plead guilty to even minor offenses, such as shoplifting or possession or controlled substances.
If your Visa or Green Card is denied, you will be given a written explanation of the denial reasons. You will be able to appeal a negative decision to a higher authority, which will be the Administrative Appeals Office or the Board of Immigration Appeals.
What are the types of U.S. Visas? –
What are the types of U.S. Visas?
Specialty Occupations (H-1B) – Up to 65,000 professional employees may receive visas annually to work for U.S. employers.
The employer must certify to the government that you will be employed in an occupation for which the minimum entry requirement is a university degree. In addition, the employer must pay you at the average or “prevailing” wage rate for persons in your occupation and geographic location. Usually, H-1B status will be granted in three-year increments, with a maximum duration of six years.
H-1B employees include, but are not limited to, accountants, architects, computer programmers/systems analysts, dentists, engineers, financial analysts, medical technologists, occupational therapists, pharmacists, physical therapists, physicians, researchers, scientists and teachers.
Exchange Visitors (J-1) – The U.S. Information Agency (USIA) permits a wide variety of organizations and universities to sponsor persons as exchange visitors. Some programs allow you to be employed while other programs are for students only.
Programs which involve governmental funding, skills enumerated on the USIA’s Exchange Visitors Skills List, or graduate medical training subject you to a two-year foreign residency requirement.
This means that upon completion of your program, you are obligated to return to your home country for a minimum of two years.
“The foreign residency requirement may be overcome by (1) obtaining a “no objection” letter from your native country (not available to those pursuing medical residencies or fellowships in the US), (2) showing that your spouse or children who are either US citizens or permanent residents will suffer “exceptional hardship” if you are required to return to your home country for two years, (3) demonstrating that you have a well-founded fear of persecution if you return to your home country (more similar to the asylum requirements); or (4) sponsorship from certain interested governmental agencies. In each of these cases, approval from the USIA and/or the INS is required”. If your Visa is denied, you should hire an appeals lawyer.
Intracompany Transferees (L-1) – If you are an executive, manager or a person with specialized knowledge who is employed by a company abroad, you may transfer to the U.S. branch of the company (or to a parent, affiliate or subsidiary company in the U.S.) to assume a similar position.
To qualify, you must have been employed in a similar position for the foreign-based company during one of the past three years before you entered the U.S. The maximum duration of L-1 status is seven years for executives and managers and five years for persons with specialized knowledge.
Persons of Extraordinary Ability (O) – If you are a person of extraordinary ability in the arts, sciences, education, business or athletics, you may be granted an O-1 visa.
If you are accompanying an O-1 visa holder in an artistic or athletic performance, you may qualify for an O-2 visa.
Athletes and Entertainers (P) – If you are an athlete who has performed individually, or as part of a group or team, at an internationally- recognized level of performance, you may be issued a P-1 visa. P-1 visas are also available to entertainers who perform in a group which has attained international recognition.
Artists and entertainers who enter the U.S. under a reciprocal exchange program may be granted P-2 visas while those entering in a culturally unique program may receive P-3 status.
Religious Workers (R-1) – If you are coming to the U.S. as a minister or have a religious vocation or occupation, you may qualify for an R-1 visa.
You must have been a member of the religious denomination for the previous two years and be coming to the U.S. to work for a bona fide nonprofit religious organization. The maximum duration for R-1 status is five years.
Family members – In each of the above categories, your spouse and unmarried children under 21 years of age may accompany you to the U.S. However, as a general rule, family members are not permitted to work in the U.S.
REMOVING YOUR CONDITIONAL STATUS (GREEN CARD THROUGH MARRIAGE) –
REMOVING YOUR CONDITIONAL STATUS (GREEN CARD THROUGH MARRIAGE)
If you marry a U.S. citizen, you will not get a U.S. citizenship right away, but you may become eligible for a U.S. green card, which can lead to U.S. citizenship.
A “Conditional Green Card” is what you may receive from the immigration authorities, due to concern that recent marriages are more likely to be shams.
A conditional resident has the same rights as a permanent resident. He or she can travel in and out of the U.S., accept employment without separately applying for a work permit and start working toward U.S. citizenship (when approved for permanent residence).
You may apply to remove your conditional resident status if:
– you are still married to the same U.S. citizen or lawful permanent resident after two years;
– you are a widow or widower of a marriage that was entered into in good faith;
– you entered into a marriage in good faith, but the marriage was ended through divorce or annulment;
– you entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse;
– you are a child and cannot be included in the application of your parents for a valid reason;
– the termination of your conditional resident status would cause extreme hardship to you.
For more specific eligibility requirements you may see Form I-751.The USCIS Form I-751, Petition to Remove the Conditions on Residence, can be filed regardless of whether you are physically present in the U.S. at the time that you file. However, you must return to the U.S. with your spouse and your children in order to comply with the interview requirement.
If you fail to file Form I-751 within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and confute the evidence against you. You are responsible for proving that you complied with the requirements.
The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Regional Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement.
You may request a waiver of the joint petitioning requirements if:
– Your deportation or removal would result in extreme hardship.
– You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
– You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.
http://blog.lawyersinus.com/uscis-form-m-476/
#GreenCard #Immigration #Lawyer in #NewJersey
if we win my claim would get a green card if we lose you still have an opportunity to appeal and you have 30 days to appeal and then you’ll see what an apology will say today and hypothetically if you lose again you could always go to a federal court after that now if you get picked up and you absolutely have no basis to stay here you can always apply for voluntary departure voluntary departure is a process where you could request the court to let you leave voluntarily and you have to establish to the court that you’re a good person you haven’t committed any crime and you have the money the funds to leave when it’s time to leave when the judge tells you have to leave and you will leave on time and the way it works if you apply for voluntary departure in the beginning of the case you get for months more that you can leave if you apply at the tail and the case ask after you’ve lost that the judge will give you 2 months for you to leave this is a basic outline of what happens in a deportation case in my office I have an athlete people Tatian cases for the last 30 years I have done so many of them that I can’t even count the numbers if you or anyone of your family have a problem with an immigration case and get that notice to appear you better see me or some other immigration lawyer as soon as possible to protect your rights best of luck let’s talk about marriage for what types of fraud what do we learn and what’s new as opposed to what may have happened years ago and I’ll start with that there’s really nothing you can go back back in the seventies and the very same issues with regard to fraud apply to this day the immigration law has not changed significantly and when you look it there’s a relative petition for an employment based petition you still have the same basic provisions and the same for now the big difference however his value because the volume of applications of petitions that Legacy ins and then she is experienced tremendous growth unprecedented growth horse that multiplies Divine frog and then in a post on one of Iron Man that’s very dangerous so you keep that in mind now we go back to the marriage petition most common type indicator studies but I can tell you to cater and officer different different different probably when you compare the numbers and the percentage of that particular that country to how many applications are petitions are filed by that country the rates were not significantly different than other countries and I think we’re over time many of us thought otherwise it’s because of the volume that we were experiencing without regard to what the grand total of applications of petitions existed to take percentage from so once we are now we really have to focus on is credibility all the petitioner and the beneficiary how from millier are they with each other you really have to interview them you have to interview them separately you have to know in detail their history of how they met what made a merry what’s been going on what are they do but has a hole you really just have to do with oral job and you have to interview the individuals but you have interviewed any approach after we did the systems checks keep them on Ice officers are loaded with information so now they’re prepared to do the interview so they do a standard interview and ask questions and the beneficiary petitioner will we have the information to them approach them with the information sometimes they do a pretty good job so then next week next day or next few days goes out of a site visit lo and behold they’re not living together they’re nervous as heck they thought they succeeded in the interview and certain percentage of them caught on the spot admit the fraud and actually withdraw the petition and it’s pretty clear that when you go knock on the door you can talk to neighbors you visit family you visit the employer and you ask questions to see if all this is consistent with the information provided to us either in the interview or in the application supporting document so it’s a lot of information gathering it’s a lot of information verification and it takes time but that’s what it takes to identify ameritrac is the types of cases where the for a national is duping the USA extremely difficult because in those cases they’re usually cohabitating they’re usually very familiar with each other and the far and National nose wait to get the green card perhaps wait even a year behind that let the dust settle there’s a provision in the law that requires another petition to be filed two years after you get your green card to remove those conditions so one of the things we’ve observed over the past several years is a growing number of very well organized and very pictures of beneficiaries and I don’t mean on a major scale major conspiracy but even the Lesser scale skill and I tribute a lot of this to enter Society dancing with technology and social media and all that and people were bright they realize that look we’re going to get interviewed they’re going to ask his questions we have to live together we have to go through the motions
https://t.co/3CQ6QYZrJr pic.twitter.com/yaluYzM589
— US Visa Investors (@visa_investors) 5 de abril de 2016
REMOVING YOUR CONDITIONAL STATUS (GREEN CARD THROUGH MARRIAGE) https://t.co/UxoJpkGTkD
— IMM_AMM (@IMM_AMM) 10 de abril de 2017
Do you get deported with a crime of moral turpitude? –
A crime involving moral turpitude (CIMT) refers to an act that is intrinsically wrong and morally reprehensible.
Many immigration offenses are included within the category of Crime Involving Moral Turpitude, or crimes involving moral indecency. The U.S. immigration law makes ineligible to enter the United States, obtain a Visa or a Green Card, for any alien who has been convicted of a CIMT or who admits committing acts that constitute the essential elements of a CIMT, with few exceptions.
The CIMT is one of the oldest ground of “removal” from the United States. It appeared in the American immigration law for the first time in 1891, condemning to expulsion all those individuals found guilty of a crime involving moral turpitude. Although it was contemplated in the American law more than 100 years ago, there is really no criminal immigration law that specifically and exhaustively defines a CIMT. While the Board of Immigration Appeals (BIA) ruled that a CIMT involves intentional actions that are per se vile or implies fraud or deception, various federal courts have adopted different interpretations of these conditions.
The crimes involving moral turpitude are generally divided into three main categories:
- Crimes against property (blackmail, arson, robbery, burglary, receipt of stolen property);
- Crimes committed against governmental authority (tax evasion, corruption, fraud against the government);
- Crimes committed against individuals, family and sexual morality (statutory rape, murder, second or third degree assault, disorderly conduct, child abuse or pornography).
Under the Immigration and Nationality Act (INA), one or more convictions to one of the above categories of crimes renders a person ineligible to enter the U.S. and obtain a temporary visa or Green Card. If the immigrant is already in the United States, the acquisition of a Green Card or citizenship through the naturalization process can be denied. Also, the immigrant be placed in deportation proceedings by the Department of Homeland Security.
In addition, aiding the commission of a CIMT is also considered a CIMT, and is punished and penalized to the same extent.
The law on crimes of moral turpitude is constantly evolving and changing and just a good immigration lawyer that is familiar with the local criminal laws as well as with the immigration code is able to provide a comprehensive analysis of the case.
Immigrant Investor initiative & Business Immigration –
Immigrant Investor initiative are created by countries to induce foreign individuals to make substantial investment to gain the right of residence and citizenship. This is also known as Business Immigration.
Targeted inbound foreign direct investments can be accomplished by these projects. Most Countries can specify which parts of the economy the foreign investments must be directed to.
For example, in the United States, the EB5 immigrant visa program is one of the most famous Immigrant Investor programs. This program requires foreign entrepreneurs to invest at least $500,000.
Furthermore, the program mandates that jobs for Americans must be created. Once the investment is made, the applicant can get a U.S. Green card for himself and his immediate family members. Only 10.000 EB-5 Visas can be granted each year, but the cap is almost never filled.
After 5 years of lawful permanent residency, it is also possible to apply for U.S. Citizenship. It is important to note that U.S. law does not prohibit Dual Citizenship.
In Canada, there is one of the most famous and sought after business investor programs. Quebec, the second province in Canada by population, run its own VIP Immigrant Investor Program.
Its requirements have been the same since its creation, and it has become one of the most affordable ones. As of June 26, 2010, the requirements for the program were heightened and the program was suspended while the new changes became effective. The new updated program was reopened on December 1, 2010.
Nowadays, the program is severely backlogged, with an estimate wait time of 12 years.
Some applicants will consider other alternatives, such as other investment programs, while other will simply wait for the backlog to clear. Some experts are predicting a swing away from Canada to other destination countries. It will depend on the awareness of foreign entrepreneurs of other investor immigration programs.
To qualify for this program, an investor must have at least two years of business investment experience, have minimum net worth of CAD$1,600,000; and make a cumulative investment of at least CAD$800,000. Finally, the applicant must meet strict health and security requirements.
Created by the federal government to promote business immigration, the Canadian Immigrant Investor Program (CANIIP) enables qualified investors to obtain permanent resident status (Canadian Green Card). Under this investor program, qualified applicants and their immediate family members will receive permanent and unconditional Canadian residential visas, and will be able to apply for Canadian citizenship after a certain number of years of residency in the country.
Other similar programs exist in the United Kingdom, Australia, New Zealand, Bulgaria and other countries of the European Union. St. Kitts and Nevis offers a very attractive economic citizenship program that foreign investors can join with a qualified real estate purchase or investment into the Sugar Industry Diversification Foundation.
How do you get a Green Card through investments? –
How do you get a Green Card through investments?
The EB-5 Immigrant Visa is an investment visa Green Card. EB-5 visa or Pilot Immigration Program was created by the Congress in 1990, to stimulate the U.S. economy through job creation and capital investment by foreign investors.
Foreign investors must meet specific United States Citizenship and Immigration Service (USCIS) requirements to obtain their permanent residency through the EB-5 visa program. EB-5 visa does not require you to have a job offer from an U.S. employer (sponsor).
There are two ways to obtain an EB-5 Visa: either through an approved Regional Center, the so called Immigration Pilot Program or through a direct or private investment.
A Regional Center is any economic unit, public or private, involved in the economic growth, improving regional productivity, job creation and increasing domestic capital investment.
It is a feasible solution for immigrants who are not interested in the management and control of a company but are interested in granting a Green Card by investment.
A direct investment can be done in any legitimate productive activity that creates at least 10 full-time jobs for qualified American employees.
The investment must be of at least $ 1,000,000 in a commercial enterprise that employs at least 10 full-time workers (a minimum of 35 hours per week).
If the investment is implemented in a rural area (outside an urban area with a population of at least 20,000 people) or an area of high unemployment (at least 150% of the national average), the investment can be of at least $ 500,000.
Upon EB5 approval, the investor will be granted conditional permanent resident status. If the petition to remove conditions is not timely filed, the investor will be placed in deportation proceedings.
The EB-5 investment can take the form of money, inventory, equipment, secured indebtedness, or property, and is valuated based on U.S. dollar fair-market value. The for-profit activity may be:
• A sole proprietorship
• Partnership
• Holding company
• Joint venture
• Corporation
• Business trust or other entity
Among all business visas, the EB-5 is the most desirable, as it ensures the permanent immigration status (Green Card) in the United States for the main investor, spouse and unmarried children under the age of 21. Only 140,000 immigrant visas are available each fiscal year.
http://blog.lawyersinus.com/uscis-form-m-476/
REMOVING YOUR CONDITIONAL STATUS (GREEN CARD THROUGH MARRIAGE) –
#GreenCard #Immigration #Lawyer in #NewJersey
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— US Visa Investors (@visa_investors) 5 de abril de 2016
#GreenCard #Immigration #Lawyer in #NewJersey https://t.co/3CQ6QYZrJr pic.twitter.com/yaluYzM589
— US Visa Investors (@visa_investors) 5 de abril de 2016
Who are the “First Preference” Workers?
According to the U.S. immigration laws, the first preference workers are those whose admission to the United States is deemed so important to justify a waiver of the Labor Certification system.
Extraordinary ability in the arts, sciences, business or athletics:
The prospective immigrant must show sustained national or international acclaim, recognition of his or her achievements through extensive documentation; that he or she is entering the United States to work in that area of ability, and that this entry will “substantially benefit prospectively” the United States.
Outstanding professors or researchers:
The immigrant must have international recognition as outstanding in a specific field, at least three years’ experience in teaching or research in that field, and be entering for a “tenured” or “tenure track” teaching position or comparable research position.
The alien’s presence must substantially benefit the United States, and “exceptional ability” requires more than a mere degree or license. A job offer is normally required. However, this requirement may be waived by the Attorney General, through its designated representative, the Immigration & Naturalization Service, unless the alien was placed in removal proceedings.
Multinational executives and managers:
The immigrant must have been employed outside the United States for at least one year as a manager or executive during the three years preceding the petition for his or her entry as a non-immigrant, and the prospective employer in the United States must be the branch, affiliate or subsidiary of the same company who employed the alien abroad; and the prospective United States employer has been doing business for at least one year.
A Labor Certification Application, explained below, is not required for the above three subcategories.
What are the naturalization requirements in the United States? –
Physical Presence – You must demonstrate that you have been physically present in the US during at least half of the required period of residency. That is, you must actually reside in the US for two and one-half out of the five years immediately preceding your interview for naturalization, or one and one-half of the previous three years.
Loyalty – You must renounce your allegiance to your home country and pledge loyalty to the US when you take the oath of allegiance to the US at your naturalization ceremony. Despite this renunciation, some countries continue to consider you as a citizen of your former country of citizenship. It is wise to check with the embassy of your country of citizenship prior to becoming a naturalized US citizen.
Good Moral Character – You must submit a completed fingerprint chart to the government as part of your application for naturalization. The chart is forwarded to the FBI which notifies USCIS whether you have a criminal record if the FBI delays your case, you case retain an immigration lawyer to file a Writ of Mandamus. Applicants with serious criminal records and those who obtained their green cards through fraud may not be able to establish good moral character. Some may even be susceptible to deportation.
English – You must be able to speak, read, write and understand simple words and phrases in the English language. Some elderly, longtime permanent residents and those with certain disabilities are exempt from the English requirement.
History and Government – You are required to pass a short examination regarding the history and government of the US.
Obtaining citizenship through your parents – You may become a US citizen “by acquisition” at birth if one or both of your parents were US citizens at the time of your birth. If only one of your parents was a citizen at the time of your birth, that parent (or grandparent in some cases) has to have lived a specified period of time in the US prior to your birth in order to transmit citizenship to you.
You may also become a US citizen through your parents “by derivation” if you become a permanent resident and your parent(s) naturalize while you are below a certain age.
To obtain proof of citizenship, you may apply for a U.S. Passport or for a Certification of Citizenship or Naturalization at any time.
E-1 OR E-2 VISA? –
The “E” visa is a non-immigrant visa, which means that it is issued for a certain amount of time as set by a treaty and can be renewed at any time. The E visa it is available only to those people who are nationals from a country that has a specific type of treaty with the United States.
There are two main types of E visas: the E-1 Treaty Trader Visa, and the E-2 Treaty Investor Visa.
There are few primary requirements of an E visa:
– the alien must be a national from a country with a specific treaty with the U.S.
– the company also must be considered a national from the same country as alien (this means at least 50% ownership of the company must be held by qualifying people from the country)
– there must be “substantial” trade (E-1) or investment (E-2)
– the individual must serve the company in either a managerial function or a function with “essential skills”.
– There is no set amount that qualifies as “substantial”.
Because the E visa is a non-immigrant visa, the applicant must leave the United States upon the expiration of E status.
The E-1 Treaty Trader Visa is available to people who will enter the U.S. “solely to carry on substantial trade, including trade in services or in technology” primarily between the United States and the foreign country of which the person is a national.
A “substantial” trade can depend on several factors, including the volume of trade, the number of transactions and the continuous course of trade.
On the other hand, an E-2 Treaty Investor Visa, is available to people who enter the U.S. “solely to develop and direct the operations of an enterprise in which he has invested, or is actively in the process of investing, a substantial amount of capital”.
The investment must be active, not passive. Which means that the business should have some employees or sub-contractors and definitely have the potential to add more employees.
In this case, a substantial investment can depend on different factors including the amount of investment compared to the total value of the enterprise, the usual amount required in a similar enterprise and the investment cannot be marginal. An immigration law firm can help you establish E Visa eligibility.
Another advantage for an E Visa holder is that spouses and children can also gain status through this visa and spouses can get a work authorization.
The Work Permit. Specialized Qualifications (H-1,H-2a.H-2b)
A person having outstanding qualifications, higher education or an international reputation which can contribute to the enrichment of the American society can obtain the permission to work temporarily to the United States.
In certain fields such as medicine, the applicant will be required to pass examinations. In the fields of arts or sports once the applicant has proven to be well known and to be a person of high integrity, temporary immigration status may be granted.
As far as the time required between the application and the granting of non-immigrant status, it will vary with each case. The H visa is renewable but only allows the right to work and temporarily live in the United States for a period of three years, maximum of six years.
The Employmentbased preference which we will analyze later, allows a permanent residence in the United States.
The law may require a person to have a diploma in order to apply or this applicant must have a worldwide reputation and must be able to prove fame by showing prizes, articles written about that person, or other proof of renown in his or her field or work.
The Work Permit.
The worker who is not admissible using the above visas can, in certain cases, temporarily enter the United States thanks to a work permit (labor certification).
The American government does not grant a work permit to a foreigner unless local employment recruitment requirements for a given job have been met.
Certain jobs are privileged with regard to others depending upon the time of year and the geographical areas. The number of jobs open as well as the dates of granting the visa are determining factors.
For example, if there is a lack of chefs in a particular region of the United States, there are good chances that a foreigner having such a specialty can obtain a labor certification for that region. This will allow him or her to later obtain a green card.
Some professions are automatically accepted. This is the case of physiotherapists because the Immigration Department has determined that there is a lack of American professionals in that field. This is no longer the case for dietitians who were needed a few years ago. However certain doctors and nurses are now admitted without much difficulty.
But in most of the cases, in order to retain a work permit, a potential American employer must sponsor the foreigner and prove that the job has been offered first to Amefican Citizens having the same qualifications but who are not ready, willing or available to accept the position.
How do I get a U.S. Work Visa? –
There are many ways to enter the United States for work-related purposes, but some ways are better than others are, if your goal is to achieve permanent residence status en route to naturalization and citizenship. If you wish to enter the U.S. for employment or business with a green card, or if you are a non-U.S. citizen working here on a nonimmigrant visa and want to adjust your status to permanent residence, contact an experienced immigration attorney for advice about the alternatives that will work best in your situation.
A good lawyer advises foreign nationals about their employment-based immigration options. Your entry visa and adjustment of status options will depend on many different factors, ranging from your country of origin and current residence to your educational, professional or technical credentials. Additional options are available for businesspeople and investors who are prepared to contribute to job creation or economic development in the U.S.
Some people can obtain permanent residence upon entry if they can qualify for an EB-1, EB-2, EB-3, EB-4 or EB-5 visa. There are three kinds of EB-1 workers: those with extraordinary skills and experience in certain fields, outstanding researchers and professors, and multinational executives or managers. The other EB categories cover different kinds of specialized workers from degreed professionals to religious workers. The EB-5 classification offers a green card to investors ready to commit significant amounts to economic activity.
The attorneys can explain whether your application might fall under any of the EB categories, but more commonly, foreign nationals enter the country under any one of many different kinds of nonimmigrant visas, then seek adjustment of status to a permanent residence after a year or two of successful work in the U.S. An experienced family immigration attorneys can also advise an employment-based client about the possibility of permanent residence through a family relationship or marriage.
With the right immigration lawyer, you can find the right immigration and permanent residence options for foreign nationals employed in many different fields, such as:
Engineering
Legal (including avvocato)
Teaching or research
Software development
IT professions
Fine arts, entertainment or professional sports
Medicine and health care
Business management
Banking and finance
Restaurants, retail or international trade
Can my Green Card be revoked? –
A Green Card is a document that allows its holder to live and work permanently in the United States.
People that reside outside of the United States can apply for a Green Card with a U.S. Embassy abroad, after they received the approval of their petition from the United States Citizenship and Immigration Services.
One of the most common ways to obtain a Green Card is through family reunification. If you are the spouse, child, or sibling of a U.S. Citizen or a Lawful Permanent Resident, you may be entitled to come to the United States with an immigrant Visa.
The process starts with the filing of an I-130 petition by your U.S. relatives with the USCIS. A formal interview will be required for all applicants, except for children age 13 or younger.
Once the petition is approved and the case processed by the U.S. Embassy or Consulate, the immigrant will receive his Green Card, which will allow him or her to live in any of the 50 States and work without restrictions. If the petition is denied, you can file an immigration appeal with the Board of Immigration Appeals.
The Green Card is granted for a period of 10 years, except that the expiration is 2 years for spouses of U.S. citizens and permanent residents that have been married for less than 2 years when the Green Card is granted.
In some cases, the Green Card can be revoked. One common ground is divorce from the sponsoring spouse.
The immigrant can seek a waiver of the joint filing, but only after obtaining a divorce according to the family law rules of the States he or she resides. A divorce can be a very long and complicated matter, and some courts have so many cases pending that slow down the process and create enormous delays.
Another common ground for revocation of Green Card is the commission of a criminal offense.
While not all the offenses will result in the deportation of an immigrant, it is extremely important to be represented by a good criminal defense lawyer that knows the court rules and the law. Sometimes, even if a crime was committed, there may be a legal justification for it which will excuse the accused from punishment.
http://blog.lawyersinus.com/uscis-form-m-476/
Revoke Green Card
A Green Card is a document that proves that an immigrant is legally authorized to live and work in the United States. A Green Card is obtained through a family-based or employment-based petition filed by a family member or an employer. Once the petition is approved, the Green Card can be achieved either by Consular Processing or by adjustment of status.
After 5 years of holding a Green Card, it is possible to apply for naturalization as a U.S. citizen.
Can the USCIS revoke Green Card status? Yes, in certain circumstances.
First, a Green Card can be revoked if it was obtained with fraud. Fraud can take place in many different ways, such as marriage fraud or document fraud.
Second, a criminal conviction for a serious crime can lead to removal proceedings and revocation of lawful permanent residency.
Finally, there could be involuntary loss and revocation of the Green Card, if the immigrant spends more than 1 year outside the United States and does not have a re-entry permit
#GreenCard #Immigration #Lawyer in #NewJersey https://t.co/3CQ6QYZrJr pic.twitter.com/yaluYzM589
— US Visa Investors (@visa_investors) 5 de abril de 2016
The main mission as an Immigration Lawyer –
Today we’re looking at what it’s like to be an immigration lawyer, so stick around.
Alright, as you may already know, we explore career paths both in and out of law to help you find a career that fits you and help you succeed using your law degree.
Today’s guest is an immigration lawyer cofounded this firm after working in all areas of immigration law at three different immigration firms.
She’s got a lot of great stuff to share with us today, so let’s meet her.
Definitely. Thank you for being here. We’re excited to learn all about the Immigration Law practice, so we’re going to be asking you questions about a typicalday, who fits this path best, how to break in and how to succeed!
So let’s start witht his. Tell us about your practice and what you do as an Immigration Lawyer.
I have a firm that I just started with a partner in January and we have a few associates that work for us and a few staff members.
We practice all areas of ImmigrationLaw, which includes family-based and removal defense and employment-based immigration.
However, employment-based is sort of its own world, so for this session I’m going to just focus on the family and removal-side of immigration.
So, to focus on the family-removal side, basically for family-based immigration,it involves a lot of family members petitioning other family members, either through marriage or parents petitioning children or children petitioning their parents, either for those immigrants who are here in the US or if they’re outside the country and they would counselor process in.
The removal part is the litigation part of immigration Law. So, for those who like to go to court and argue and talk to judges, removal defense is the place to be.
For removal defense, we go to court, and Immigration is trying to deport our clients, either because they’ve been here undocumented or ran out of status or they might have committed somecrimes.
So essentially, removal defense is just asking the court through legal avenuesto try and keep our clients here.
What is the main mission as an Immigration Lawyer?
It is basically helping people who are not from America to stay in America. Essentially for family-based and removal defense, yes. It’s basically,our purpose is to allow people to either come here or stay here. Most of our clients, for a removal defense, are people who’ve been here many, many years – either, you know,average, probably 20 plus years.
They’ve been undocumented and they have – their whole family is here; their children, grandchildren and there’s also other clients who don’thave those facts as well but our main mission in immigration Law is to allow people to stayhere in the United States.
What is Immigration fraud? –
To enter or remain in the United States and be eligible for various immigration related benefits, aliens must comply with a number of document requirements under the Immigration and Nationality Act (INA), as amended. Under the INA, an alien who uses, acquires, or produces fraudulent documents for immigration-related purposes may be subjected to civil penalties and denied certain immigration benefits, including the ability to enter or remain in the United States.
There are different types of immigration fraud:
Immigration Fraud by Marriage
The most common way to gain lawful residency in the United States it is through marriage. Even though, marrying a US citizen remains the most appealing way, there are strict federal laws in place to prevent marriage frauds to obtain immigration benefits. In fact, since the Immigration Marriage Fraud Amendments of 1986, aliens who derive their immigrant status based on a marriage of less than two years are considered “conditional” immigrants.
During the first two years of marriage, immigrants must apply at a USCIS office for an interview with an officer who has the power to remove the conditional status. The couple will need to provide more evidence that they live together in a marital union.
Conditional status may be terminated, if the alien cannot show that the marriage is valid, making him/her deportable. If a person has been charged with marriage fraud may be denied later applications for citizenship and/or may be barred from the United States as a criminal immigration offender.
Immigration Services Scams
The US government has revealed a multi-agency initiative to fight the Unauthorized Practice of Immigration Law (UPIL). The initiative targets unauthorized “attorneys” from preying on immigrant communities by providing services they are not qualified to provide or by guaranteeing immigration benefits. On a licensed immigration lawyer can represent you in Court.
Immigration Frauds through Documents
Immigration document fraud it is another common way to obtain “LPR” in the US and it refers to the manufacture, sale or use of counterfeit identity documents such as birth certificates, social security cards or passports.
An example of document fraud is lying about the intention in coming to the US in a visa application.
A person found guilty of document fraud can face massive consequences, including monetary fines and criminal sentences. It is, of course, a deportable offense.
Immigration Fraud Defense – Criminal Immigration Attorney
Immigration Fraud Defense
http://www.simonebertollini.com/Immigration-Law/Deportation-Defense/Immigration-Bond.aspx
http://www.criminalimmigrationlawyer.com/Deportation-Defense/Immigration-Fraud-Defense.aspx
http://www.simonebertollini1.com/Immigration/Immigration-Fraud.aspx
Fraud and misuse of visas and permits. Legal Counsel for Immigration Fraud Criminal Charges.
Immigration Fraud Defense
Get more information here:
http://bit.do/Immigration-Fraud-Defense-Criminal-Immigration-Attorney
http://blog.lawyersinus.com/the-most-common-immigration-fraud-involves-sham-marriages/
http://bit.do/Immigration-Fraud-Defense-Criminal-Immigration-Attorney
Rebut the fraud charges and remain in the United States legally
The L1 Visa for Intra-Corporate Transfer –
The L1 Visa for Intra-Corporate Transfer.
When a foreign company wishes to transfer to its American subsidiary, affiliate or joint venture, an executive, manager, or an employee having specialized knowledge and having been employed by the company during no less than one year preceding the application,
It can do so after having obtained the consent of the Department of Immigration. It is necessary however that the American subsidiary, affiliate, joint venture, or branch office be created and that the foreign mother company holds 51% of shares or that shares be split 50%-50% with dual veto power between the foreign and U.S. companies.
Understanding the L-1 Intra-Corporate Visa.
How many times have you listened to advice by people who, in good faith, wanted to help you but misled you in trying to obtain a visa or work permit to the United States?
We will show you that it is not necessary to be misled by utilizing the typical example of an L 1 visa, intracorporate transfer, favoring companies, associations, and all other legal entities which are constituted in a country other than the United States and who establish ties with the U.S..
A foreign general contractor who had been in his business for a long time, decided to settle in the United States, following a slowdown of the market in his home country.
After obtaining his visa, his company must continue to function abroad for a reasonable period of time, that is to say that no matter what its charter (federal or provincial) it must continue its activities.
On arrival to the United States, this entrepreneur creates a company having the same (or similar) functions as the foreign company, which becomes the parent company; as long as the operations of this new company are not illegal he will be able to constitute it and to manage it.
Since, however, he has interests both abroad and in the United States, he will have to travel often and the L 1 visa applied for by the foreign company to transfer him to the parent company in the U.S. will allow him to do so at will. Moreover he will have the possibility of living more than 183 consecutive days per year in the U.S.
This limit is imposed on non-Americans (special attention should be paid to the tax aspect of this situation since you may involuntarily become a tax resident of the United States by the duration and status of your stay in America).
This visa is valid for a period of one to three years with a possibility for renewal up to seven years. Consequently, if the presence of this applicant is necessary for the management of the American company he will be able to stay in the United States in order to work. He will not however be able to work for another company.
If at the end of the first year (or any time thereafter) he decides to become a permanent resident of the United States and that the U.S. operation is proved viable he will, thanks to his multinational executive or managerial status, be able to have his status changed from non-immigrant to immigrant.
The waiting period is approximately three years unless that person has exceptional talents.
He will be able to continue working for the company during that period.
The L-1 visa applications are prepared in the intended jurisdiction of operations then sent to the Regional Adjudication Center for INS analysis. One must allow approximately six months in order to obtain approval.
That is the time required in order to complete a file and have it studied. If the individual is in the United States, his tourist visa can be changed to an L-1 visa. If he is abroad, his visa is sent by the Immigration and Naturalization Service to the embassy or to the consulate of the city in which the parent company is established. In some countries, approval of the request is sent to a designated point of entry.
Our entrepreneur, enthusiastic as he is, worries because the company has not made any profits in the past year and has not declared them. He must know that the immigration department is interested in knowing about profits of the foreign company its sales and the number of employees.
In order to satisfy its requirements, the foreign company must have generated a ‘respectable’ sales figure of over $150,000.
Law Offices of Simone Bertollini – Immigration Lawyer in NJ
How can you become a citizen of the United States?
Naturalization it is the main way for a foreign person to become a U.S. citizen.
American citizenship can be obtained by those who have resided in the United States as a permanent resident (Green Card holder) for a certain number of years.
Obtaining citizenship allows, among other things, to:
– be able to remain outside the United States indefinitely, without the restrictions that are imposed on the Green Card holders who have not obtained a re-entry permit;
– sponsor close family members for a U.S. Green Card;
– acquire the right to vote;
– hold high-level governmental positions;
– get a U.S. passport.
The applicant must meet a few requirements, depending on the individual’s situation.
The general requirements for naturalization are:
– to be at least 18 years old at the time of filing Form N-400, Application for Naturalization.
– to be a permanent resident (have a “Green Card”) for at least 5 years.
– to show that he or she has lived for at least 3 months in the state or USCIS district where you apply.
– to demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400.
– to show that he/she has been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.
– to be able to read, write, and speak basic English.
– to have a basic understanding of U.S. history and government (civics).
– to be a person of good moral character.
– to demonstrate an attachment to the principles and ideals of the U.S. Constitution.
If the application for citizenship is denied, you can file Form N-336 to request a hearing with an immigration officer. At the hearing, you have the right to be represented by an immigration attorney. If the denial is sustained, a litigation law firm will be necessary to file a complaint in a Federal District Court.
WHAT IS A MOTION TO CORRECT CRIMINAL SENTENCE? –
The immigration consequences to a criminal conviction may be very complex and directly affect the immigrant’s ability to stay in the United States. An alien who has been convicted of a crime that affects the immigration status, still has hope in mitigating the immigration ramifications of the conviction. A post-conviction sentence modification may be effective in avoiding a conviction for immigration purposes or to eliminate an aggravated-felony ground of deportability. Motions to correct criminal sentence rules vary by State.
A criminal sentence modification results in a reduction of the criminal sentence. A criminal sentence can be modified after the trial is done, even if the offender is already in jail. During trial, the defendant may request a sentence modification at any time during the sentencing portion of trial. A sentence illegally imposed must be corrected within 120 days. A sentence is illegal when the court goes beyond its authority by acting without jurisdiction or imposing a sentence in excess of the statutory maximum.
If the judge concludes that the new factors are in the defendant’s favor, they have discretion to modify the sentence accordingly. A Motion to correct criminal sentence allows modification when:
An error was made in the sentence and needs to be corrected;
The defendant has assisted in another criminal case by cooperating with prosecutors to provide information or testimony;
Other factors can be applied, such as a sentence reduction based on the offender’s age, terminal illness, or changes in state sentencing guidelines.
The defendant and the immigration attorney will need to file a motion and the judge will then conduct a hearing on the motion. You must file motion under 28 U.S.C. 2255 to vacate, set aside, or correct in the United States district court that entered the judgment that you are challenging. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file the motion in the federal court that entered that judgment. You may challenge the judgment entered by only one court. If you want to challenge a judgment entered by a different judge or division (either in the same district or in a different district), you must file a separate motion. A 2255 motion is often the correct remedy for prisoners who have been sentenced illegally or unfairly. Section 2255 expressly provides for challenges to a sentence on specified grounds.
Once the motion is under review, the defendant must demonstrate that there are new factors in existence that would justify a criminal sentence modification. New factors may be facts or a set of facts that:
Are unknown to the trial judge at the time they imposed the original sentence;
Frustrates the aim or goal of the original sentence;
Are not in existence at the time of sentencing;
Are unknowingly disregarded by all parties.
In most jurisdictions, if the initial sentence is greater than 3 years, the prosecutor must agree to have the motion reviewed. The Board of Immigration Appeals (BIA) held in a published decision that reductions in criminal sentences nunc pro tunc (with retroactive legal effect) should be recognized for immigration purposes. This is an important legal ruling that can help immigrants with certain criminal convictions obtain immigration benefits or avoid deportation.
Non-U.S. citizens with criminal convictions, placed in deportation proceedings or seeking immigration benefits, should seek representation by knowledgeable and experienced immigration attorneys. Your attorney can help determine whether criminal sentence modification is available for your case, and can help you file the proper motions and requests. The immigration consequences to criminal convictions can be harsh and complex, ranging from delays to naturalizing as a U.S. citizen to triggering deportation proceedings.
What are the consequences of a deportation order?
Only individuals that were born in the Unites States (or one of its territories) are U.S. citizens at birth. The only exception of for children of U.S. citizens that were born abroad and meet the requirements to obtain a Report of Birth Abroad, which is also known as foreign U.S. birth certificate.
All others can become U.S. citizens by naturalization. The process of naturalization starts when a lawful permanent resident files Form N-400 with the USCIS.
Not everybody is eligible for naturalization. Immigrants that have been convicted of a serious crime will not be granted U.S. citizenship. Instead, the government will place them in removal proceedings.
Removal (deportation) proceedings take place in the immigration court having jurisdiction in the place where the immigrant resides. Sometimes, it is also possible to seek a change of venue to an immigration court that is closer to the respondent, his or her attorney, and the witnesses in the case.
At the immigration hearing, an immigration has the right to be represented by a deportation defense lawyer of his or her choice. However, contrary to criminal cases, the government will not provide an attorney to indigent immigrants.
During the deportation trial, the trial attorney will have to prove that you are removable from the United States. If you are found to be removable, the judge will enter a deportation order, unless you qualify for any form of relief from deportation.
Often, the judge will grant voluntary departure to immigrants with no criminal history. The judge will set a period within which you must leave the United States. If you fail to comply with the order, you will be ineligible for any other Visa.
A deportation order carries severe penalties. The basis punishment is a 5-year ban. Also, if you were in the country without permission for more than 180 days, you may be subject to a 10-year ban. Further, if you were removed because you committed a serious crime or an aggravated felony, you may be barred from coming back for up to 20 years or even for life, in the most serious cases.
If a deportation order was entered against you, an immigration appeals lawyer should be contacted immediately to file an appeal with the Board of Immigration Appeals. An appeal to the BIA will stay your deportation order until a final decision on your case is made.
What is a Division of Property and Debts?
What’s the general rule of property division (equitable distribution, community property, or legal title)?
Courts grant equitable distribution in Missouri. Unlike child custody determinations, misconduct of a party (infidelity, illegal activity, criminal immigration, etc.) can be a factor in determining property settlement. Property is divided into two broad categories, marital and separate. Separate property, in general, is property a party owns prior to marriage, or obtained during marriage by gift or inheritance, or by the agreement of the parties. Marital property is all else. There is a presumption of marital property if the property is acquired during marriage, regardless of whose name is on the title. Courts can divide marital property in any way deemed by the Court to be “equitable.” This generally can be appealed only if the division is NOT equitable, a very difficult notion to prove. As a result, property division is rarely overturned, unless a party can successfully file a Coram Nobis petition.
If a party can “trace” separate property, it will likely remain separate, and thus not divisible by the Court. This means, for example, that if a party sells a home acquired before marriage (separate) and purchase stock with the proceeds of that sale, the stock is considered separate property.
What effect does the conduct of the parties have on property division?
As discussed above, misconduct of a party can be a factor in determining an “equitable” distribution of the marital property. This actually amounts to the Court assigning blame to a party through giving more of the marital property to the other spouse.
What effect does the length of the marriage have on property division?
Not a real factor, except in analyzing the “tracing” of separate property and the standard of living the parties have become accustomed to.
How does Asylum work in the United States? –
Asylum – Those who have a well-founded fear of persecution if they return to their home country may apply for asylum if their fear is based on any of the following grounds:
Political opinion
Religious belief
Nationality
Race
Membership in a particular social group
If a person is granted asylum, after one year he may apply for permanent resident status.
Withholding of deportation – Similar to asylum, with the following two exceptions
The alien is not permitted to apply for permanent residence, and USCIS is only prohibited from placing in deportation proceedings the alien to the country where he fears persecution, not to third countries which are willing to accept him.
Legalization and Registry – Once an illegal alien has been found qualified for legalization or “amnesty” by USCIS, the deportation hearing will typically be terminated since the alien will have attained the legal right to remain in the United States.
Registry is another means of attaining lawful permanent residence in the United States. It is available to aliens who have resided continuously in the U.S. since prior to January 1, 1972, who are persons of good moral character, who are not deportable on certain aggravated grounds, and who are not ineligible for citizenship. Registry may be applied for affirmatively, not only as a defense to deportation.
Voluntary Departure – If you are ineligible for all of the above forms of relief from deportation, you should still consider applying for voluntary departure. Departing voluntarily from the U.S. avoids both the stigma and the legal impediments to return to the U.S. imposed by deportation.
Voluntary departure is available to aliens who are not deportable on aggravated grounds, who have the means to pay for their departure from the United States, who agree to depart within a period of time granted by the Immigration Judge, and who can establish good moral character during the previous five-year period.
All forms of relief from deportation, except withholding of deportation, may be granted at the discretion of an Immigration Judge. Final orders of an Immigration Judge can be challenged with an immigration appeal to the Board of Immigration Appeals, and from there to the appropriate U.S. Court of Appeals.
How to Choose a Good Lawyer
The first step in choosing an attorney is understanding whether you need one. If you are not sure of the solution to your problem or whether you need a lawyer to help you, you probably do. A lawyer knows how to identify legal problems and advise you of the solutions. He can review your family situation, finances, property ownership, employment, investments and business interests. If legal action is required, your lawyer can recommend a strategy.
I recommend that everyone review their family legal papers about once a year to see if the documents reflect your current needs. Marital difficulties are fraught with legal pitfalls. Also, any time you’re injured in an accident of any kind, including a work related accident, you should consult with your attorney to determine your rights and your eligibility for a Writ of Coram Nobis. Sometimes a specific event such as the birth or death of a loved one will cause you seek legal advice, and if you prepare for possible contingencies in advance, you can save problems later on.
It is important to see your lawyer early; before a problem occurs, or if there is already a problem, before it becomes more aggravated and costly. For example, if you are seriously injured in an auto accident, contact a lawyer promptly so that evidence can be gathered from the accident site and witnesses interviewed before the memories fade. If you are going through a divorce, be sure to see your own lawyer before signing a separation agreement.
Your criminal and immigration lawyer should be a person who has a solid background in the type of problem which you are encountering. Ask him if he handles your type of case and what experience he has in the area. He should be a person you can talk to and feel comfortable with and have confidence in. Do not be afraid to ask for explanations of the law of your case and of the procedures and steps needed to solve the matter. Most importantly, do not be afraid to discuss the cost of the legal work which you anticipate having done. Professional ethics require that your attorney fully explain his method of billing and services to be performed for that compensation.
How to Bring a Fiancé or Fiancée Into the United States? –
Entry Visas and Green Cards are available for Fiancés, Husbands or Wives of U.S. Citizens.
A good immigration attorney advises people about the most effective ways to obtain entry and permanent resident status for noncitizen spouses and fiancés. Contact an attorney to discuss your situation and your family immigration options with an experienced lawyer.
If you are an American citizen engaged to marry a non-U.S. citizen who lives abroad, the K-1 visa will allow entry on terms that can expedite permanent residence (i.e., green card) status. K-1 visa applications are subjected to close scrutiny, however, and the advice of an experienced fiancé visa attorney can help you avoid mistakes while presenting the proper documentation in the right form at the proper times.
If a disqualifying circumstance applies in your situation, we can work proactively to seek a waiver of inadmissibility or show alternative grounds for bringing your intended into the country.
There are two main options for bringing the noncitizen husband or wife of a U.S. citizen into the country. One has the advantage of entering the country with permanent residence status as the immediate relative of a U.S. citizen, but it can take up to a year to complete the application, interview and approval process. The other option allows entry as a nonimmigrant under a K-3 visa. The approval and entry process is much faster, but you’ll need to apply for adjustment of status after entry in order to obtain the green card.
Whether your best approach is to enter as an immigrant relative or on a nonimmigrant K-3 marriage visa will depend on your family’s needs and circumstances.
How does custody get decided as between a parent and a third party?
Third parties may be granted custody of minor children, but this generally occurs only in extreme cases where the parents have been determined to be unfit or unable to be granted custody (i.e. in jail, etc.).
In Missouri, “the best interest of the child” is the determining factor in deciding which party is granted custody of minor children. Courts have several factors to consider in making this determination, including the following:
� the wishes of the parties
� whether a parent in under deportation proceedings
� the child’s relationship and interaction with others (the parties, siblings, others)
� the child’s adjustment of status, community, school, etc.
� mental and physical health of the parties
� any history of abuse
� felony sexual offense of a party (Court cannot grant custody to that party)
� the child’s need for a continuing relationship with parents
� either party’s intent to relocate out of Missouri
� which parent is more likely to allow the child visitation with the other parent
Notably absent from this list is the misconduct of either party. Extramarital affairs and other misconduct can be considered in awarding maintenance (alimony) or in the division of marital property, but not in the custody of minor children or in determining child support. This is because the court is not trying to see what is fair to the parties, but what is fair to their minor children, or “in their best interest.”
How does custody get decided as between parents?
Again, in Missouri, the “best interests of the child” prevails. See the question above for a list of considerations.
What is the terminology for custody?
Legal Custody – generally means which party is granted decision-making responsibility regarding a child’s upbringing, including where he goes to school, whether or when he needs medical attention, what religious beliefs he will be raised in, etc. Will generally be granted to a party as “Sole Legal Custody” or to both parties as “Joint Legal Custody”
Physical Custody – refers to significant amounts of time with both parents, so that the child has frequent and continuing contact with both parents. Missouri’s custody statute encourages joint custody arrangements where appropriate. Will generally be granted to a party as “Sole Physical Custody” or to both parties as “Joint Physical Custody”.
DRUG CRIME LAWS IN AMERICA –
Laws regulating drug crimes are an area of intense interest in the United States. Many states have thought about drug law reforms, including the increasing legalization of medical marijuana, and, in a few states, general marijuana use.
Drug crimes law mainly target the use and distribution of controlled substances. Federal drug laws are governed by the Controlled Substances Act, 21 U.S.C. � 801 et seq., (“the CSA”) and most states model their own drug laws after the CSA.
The immigration consequences of a criminal conviction related to controlled substances are very harsh. Only the best immigration lawyers would be able to handle deportation cases involving these complicated issues.
The CSA places drugs in five different categories, ranging from schedule I to Schedule V drugs.
Schedule I drugs are those drugs typically prohibited by drug laws as they have been deemed to have no safe accepted use. Schedule I drugs include:
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Marijuana;
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LSD;
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MDMA (also known as ecstasy);
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Heroin, and other serious drugs.
Schedule I drugs have an accepted medical use, but are also drugs for which there is a high potential for abuse. Accordingly, Schedule II drug use is permitted only with a prescription.
Schedule II drugs include:
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Cocaine;
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Methamphetamine;
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Morphine, and other amphetamines.
Schedule III – V classify other drugs of varying degrees of severity and impose certain restrictions on their use, such as requiring that the user has a prescription or is over 21.
Unlike Schedule I drugs, drugs in Schedule III – V are not per se illegal, but require that the patient use them in a regulated manner.
DRUG CRIMES – Drug offenses and Immigration Status
Get more information about Aggravated felony drug trafficking here: http://bit.do/What-is-aggravated-assault-felony
How Do I Avoid Deportation if I am In the United States Illegally?
If an Immigration Judge finds you to be illegally present in the United States, it does not necessarily follow that you will be deported. Criminal and immigration laws provides you with many types of relief from deportation:
Waiver – The immigration law enumerates various grounds by which an alien in the United States may be subject to deportation. A common ground of deportability provides that an alien may be subject to deportation if he was excludable when he entered the United States. There are many grounds of excludability found in the law.
Eligibility for waivers of deportability and excludability depend upon your ability to show “extreme hardship” to certain close family members who are US citizens or permanent residents if you are forced to leave the US. For example, if you have resided in the US for seven years, at least five of which were as a permanent resident, you may be able to qualify for a waiver of many grounds of deportability and excludability. However, recent laws severely limit your ability to obtain such a waiver if you were convicted of any wide range of crimes.
Cancellation of Removal – A deportable alien may apply for permanent residence from an Immigration Judge through Cancellation of Removal if he meets the following requirements:
Continuously physical presence in the U.S. for at least ten years before being placed in removal proceedings (absence of less than 90 days, or 180 days in total do not affect the continuity of one’s physical presence).
Good moral character.
No convictions of certain designated (criminal) offenses, such as possession of a weapon.
Showing that removal would result in exceptional and extremely unusual hardship to his US citizen or permanent resident spouse, parent or child.
Adjustment of Status to Permanent Residence – A deportable alien who is an “immediate relative” because he is the parent, spouse, widow or child of a US citizen may be eligible to apply to the Judge to adjust his status to that of a lawful permanent resident. Also qualified to apply for adjustment of status is any alien whose priority date for permanent residence is “current”.
Aliens who obtained conditional permanent residence based upon their marriage, or the marriage of their alien parent, to a US citizen or permanent resident may have their legal status terminated by the INS if they fail to meet certain requirements. However, once INS places them under deportation proceedings, they may renew their applications for permanent residence before an Immigration Judge. The same holds true for an alien who becomes a conditional permanent resident based on investment.
BECOMING A US CITIZEN
If you are in the process of filing for your American Citizenship, a criminal immigration lawyer has a professional service available for you.
The lawyer will prepare and send your immigration forms with the proper documentation to the “USCIS”. And he or she will let you know what documents you need to bring with you the day of the interview.
In addition, your immigration forms will be properly filed out without any mistakes.
After your immigration forms are sent to the USCIS, you will get from us a Booklet of 100 questions to be well prepared for your interview with the USCIS.
The attorney has the forms, the professional service, and all the necessary requirements to file for your Citizenship based on your eligibility. He or she will prepare forms for applicants nationwide and internationally. The requirements to file the application forms with the USCIS are all the same all over United States.
Also, the lawyer will be with you during the complete process no matter where do you live regarding your US immigration case, and will keep you informed about any changed related to your process.
However, in order to present your “Application for Naturalization”, you must be well informed that Naturalization is the way immigrants become citizens. If you are 18 years or older and wish to apply for naturalization, you can apply for your naturalization.
If you want to apply for naturalization for a child who is under 18 years old, you should apply for a Certificate of Citizenship.
If you:
– Have been permanent resident for the past 5 years and have no special circumstances;
– Are you currently married to and living with US citizen and have been married to and living with that same US citizen for the past 3 years;
– Are in the US Armed Forced (or will be filing your application within 6 months of an honorable discharge) and have served for at least 3 years;
– Were in the US Armed Forced for less than 3 years.
How to File a Regional Center Application –
With limited and restricted financial options, developers are seeking alternative financing through the EB-5 program.
This may include all equity participation by the investors, or a hybrid of partial financing and EB-5 investors.
Each regional center application and project is accompanied by a comprehensive business plan.
A regional center application is filed with the USCIS in Laguna Niguel, California.
It is a long and pain staking process which will include the necessary reports for the proposed regional center and will include a Business Plan, Econometric Models, Marketing Information, SEC documentation, and Immigration components.
The detailed submission is collated by experienced counsel and submitted for review to USCIS, which can take several months to conclude its review.
If the USCIS has further questions or concerns, it can issue a Request for Further Evidence, known as an RFE.
This is not unusual as no regional center application is perfect, although some are approved on the first submission.
Once approved, the regional center will be able to operate within a prescribed geographical area for one or several specific uses.
If the purpose is not applied for within a reasonable period of time, normally one year, the regional center can lose its accreditation.
This is a serious situation if any investors are already committed to the project.
Finally, it is always helpful to identify a regional center which has a defined purpose and project.
A regional center which does not contain a specific project from the beginning is doomed to flounder seeking the first project or opportunity.
Today, there are a wide variety of projects to choose from, thus such wishful projects are no longer necessary or desirable.
Can you get a Green Card through marriage? –
Marriage to a United States Citizen – If you marry a citizen in the US, you may submit an application for permanent residence to the USCIS office having jurisdiction over your residence. Typically, USCIS will issue you a work card and a travel permit (also known as an “advance parole”) while you wait to be interviewed. Depending on the USCIS office, waiting times for marriage interviews range from two months to over one year.
USCIS will determine if you are residing together by examining your identification, wedding photographs, tax returns, insurance policies and by questioning you and your spouse. If USCIS has any doubts as to the bona fides of your marriage, they may question you and your spouse separately, and may conduct an investigation at your places of residence and employment.
If your marriage occurs abroad, you must process the immigration paperwork at the U.S . Embassy or Consulate in your country. The procedure is roughly the same as in the U.S. except that the waiting time usually ranges from three to six months.
If the marriage is less than two years old when you become a permanent resident, your green card will expire two years after you become a permanent resident. You and your spouse will be required to submit a joint petition to USCIS to remove this two-year condition within the 90-day period immediately preceding the expiration of your green card. If the marriage has terminated because of death or divorce, or if you are the victim of criminal mischief, you may apply with USCIS for a waiver of the joint petition requirement.
#GreenCard #Immigration #Lawyer in #NewJersey https://t.co/3CQ6QYZrJr pic.twitter.com/yaluYzM589
— US Visa Investors (@visa_investors) 5 de abril de 2016
Adjust of Status or Application to Register Permanent Residence –
Based on an immigrant petition: You may apply to adjust your status if:
- an immigrant visa number is immediately available to you based on an approved immigrant petition;
- you are filing this application with a complete relative, special immigrant juvenile or special immigrant military petition, which if approved, would make an immigrant visa number immediately available to you.
- Based on being the spouse or child (derivative) at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children.
- If the spouse or child is in the United States, the individual derivatives may file their adjustment of status concurrently with the adjustment of status. Or file at any time after the principal is approved, if a visa number is available.
- If the spouse or child is residing abroad, the person adjusting status in the United States should file the Application for Action on an Approved Application or Petition, concurrently with the principal s adjustment of status application to allow the derivatives to immigrate to the U.S. without delay, if the principal’s adjustment of status application is approved.
Based on admission as the fiancé of a U.S. citizen and subsequent marriage to that citizen. You may apply to adjust status if you were admitted to the U.S. as the K-1 fiancé of a U.S. citizen and you married that citizen within 90 days of your entry. If you were admitted as the K-2 child of such a fiancé, you may apply based on your parent s adjustment application.
Based on asylum status. You may apply to adjust status if you have been granted asylum in the U.S. after being physically present in the U.S. for one year after the grant of asylum, if you still qualify as an asylee or as the spouse or child of a refugee, unless you committed a criminal or immigration offense (also called crimmigration).
Based on Cuban citizenship or nationality: You may apply to adjust status if:
- you are a native or citizen of Cuba, were admitted or paroled into the U.S. after January 1st, 1959, and thereafter have been physically present in the U.S. for at least one year; or
- you are the spouse or unmarried child of a Cuban described above, and regardless of your nationality, you were admitted or paroled after January 1st, 1959, and thereafter have been physically present in the U.S. for at least one year.
Based on continuous residence since before January 1, 1972, You may apply for permanent residence if you have continuously resided in the U.S. since before January 1, 1972. If you were granted permanent residence in the U.S. prior to November 6, 1966.
http://bit.do/Adjustment-of-Status-lawyer
Adjustment of status form i 485
How Do I Get a Temporary Visa?
US immigration laws allow persons born in foreign countries to enter the U.S. temporarily as tourists, to do business, to attend school, to be employed, and to engage in a variety of other activities.
Temporary visas are identified by a letter of the alphabet followed by a hyphen and a number. For example, several million people visit the U.S. each year as “B-2” tourists. Many thousands of “F-1” academic students and “M-1” vocational students attend schools and universities. Between 50,000 and 65,000 persons are granted temporary “H-1B” professional working visas annually.
Temporary visas are also known as “nonimmigrant” visas. They are issued by U.S. Embassies and Consulates located around the world. U.S. consular officers presume that you intend to stay permanently in the U.S. unless you can demonstrate through strong ties to your home country that you will not remain in the U.S. after the expiration of your authorized stay.
If your application is approved, the consular officer will affix a visa to your passport. The visa contains your photograph as well as other identifying information. Nonimmigrant visas expire after a certain period of time and may be valid for one or more entries into the U.S.
The issuance of a visa does not guarantee that you will be admitted into the U.S. The INS Immigration Inspector at the airport decides whether to admit you into the U.S. and for how long. You can be denied admission if you have a conviction for criminal mischief. If the Immigration Inspector denies you admission, you have the right to request a Coram Nobis hearing before an Immigration Judge. The Judge has the authority to overrule the Immigration Inspector.
BURGLARY IN NEW YORK
New York Penal Law � 140, states that a person enters or remains on a premises “unlawfully” when he or she “is not licensed or privileged to do so”; the entry need not be forcible in nature. Immigrants that are charged with burglary face deportation proceedings, and need to hire an experienced immigration attorney.
New York has three degrees of burglary: first, second and third degree. The possible sentences for a first degree burglary conviction range from one to 25 years. Second degree burglary is subject to a one to 15 year sentence, and judges can set any third degree burglary sentence up to seven years.
Under New York Penal Law � 140.30 a person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:
� Is armed with explosives or a deadly weapon; or;
� Causes physical injury to any person who is not a participant in the crime; or
� Uses or threatens the immediate use of a dangerous instrument; or
� Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle,shotgun,machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime.
Burglary in the first degree is a class B felony and it is considered an aggravated felony under federal immigration laws.
What is Business Immigration? –
What is Business Immigration?
Doing business include starting a business, consultations with business associates, registering a property, negotiating or enforcing contracts, getting credit, rating across borders, protecting minority investors, or resolving insolvency.
A foreign entrepreneur ready to invest and actively manage a business in the U.S. may choose a nonimmigrant or the immigrant visa pathways.
Business immigrants are normally sponsored by a U.S. employer even if some of them may self-petition if they meet the criteria for the O-1B Visa for “extraordinary ability” in their field, or if their entry in the country would be in the “national interest”.
Nationals of countries participating in the Visa Waiver Program (VWP) do not need a visa to perform regular business activities in the U.S, if the trip do not last more than 90 days.
On the other side, a gainful business employment for less than 90 days requires a work visa, too.
The U.S. Congress has created five basic categories of business immigrant visas.
1. B-1 Business visa
The non-immigrant business visa or B-1 visa is issued to entrepreneurs travelling to the U.S. for a limited period of time in order to treat business.
If you are the beneficiary of a B-1 visa, you absolutely can not receive and accept any type of payment, such as salary or remuneration. The period of stay must be up to a maximum of 1 year.
2. E-1 Treaty Trader and E-2 Treaty Investor visas
The E-1 (Treaty Trader) and E-2 (Treaty Investor) visas are “non-immigrant” classifications for multinational managers, executives and investors of foreign countries having a Treaty of Commerce and Navigation or a bilateral treaty investment providing for non-immigrant entries with the United States. The United States signed the Treaty with 78 countries, including Albania and Senegal, but not including Brazil, Russia, India and China.
The E-1 visa is structured for business owners and managers, or employees who are required to stay in the U.S. for large periods of time to work for an enterprise that is engaged in trade (import/export) with the United States.
Managers and executives must have been employed for at least one of the three previous years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.
The E-2 visa is for investors who want to enter and work in the United States making a substantial investment. The investment will not be considered substantial if it is not big enough to capitalize the venture. The E-2 visa must generally be renewed every five years, but there is no limit to its renewal.
3. H1-B visa for entrepreneurs with academic qualifications
The H1-B visa allows U.S. companies to hire foreign workers with certain skills in specialized areas such as science and medicine, architecture, engineering, law, education, theology or art. Even though, a business owner can sometimes obtain a visa through the company he had formed, as long as he has the academic or professional qualifications required. The H1-B visa is a non-immigrant visa and is granted for an initial period of three years and is renewable for a further period of three years. The H1-B visa holder may attempt a “dual intent” and apply for a Green Card, only after the approval of a Permanent Labor Certification by the U.S. Department of Labor (DOL).
4. L-1 Corporate Visa
The L-1 visa or “Intracompany Transferee” allows companies, operating both in the U.S. and abroad, to transfer certain classes of employees in U.S. subsidiaries. Even though L-1 visa was created for large multinational companies, it allows a start-up foreign company to expand its business and services. The L-1A visa for Managers and Executives is granted for a period of three up to a maximum of seven years and creates a direct path to permanent residency. The L-1B visa for employees with “specialized knowledge” is initially granted for three up to a maximum of five years, but does not create a direct path to the Green Card. Nevertheless it allows the “dual intent”, and does not create problems for its grant or renewal.
5.
EB-5 Immigrant Investor Green Card
The EB-5 is the most desirable visa, because it guarantees a Green Card in the United States for the main investor, spouse and unmarried children under the age of 21, as defined by international family law. The EB-5 visa is reserved for foreign nationals who make an investment of at least $1,000,000 in a commercial enterprise that employs at least 10 full-time workers (a minimum of 35 hours per week). If the investment is made in a rural area (outside an urban area with a population of at least 20,000 people) or an area of high unemployment (at least 150% of the national average), can be of at least $500,000.
What is a Writ of Replevin?
Your bank can file a Replevin action against you to repossess a property after you have missed various payments. As a matter of fact, the writ of Replevin is used by creditors to recover properties unlawfully held by a debtor.
Replevin is of Anglo-Norman origin, from the Latin “replegiare” that means “to redeem a thing taken by another”. Known as “claim and delivery”, the Writ of Replevin is an action of civil law appeared in the thirteenth century. It’s a lawsuit that enables a person to recover personal property that have been unlawfully or wrongfully taken or retained.
It’s important to distinguish a Replevin from a writ of attachment, a court order to attach or seize an asset. The writ of attachment is often used to freeze assets of a defendant while a legal action is pending; while a Replevin is a particular type of writ of attachment.
The writ is served by the Clerk of the U.S. District or Bankruptcy Court and issued by the U.S. Marshal or another person, expectably a law enforcement officer.
The writ is carried out within the State in which the District Court is located, unless it is later extended by a Federal statute or Court order.
The Writ of Replevin deprives the defendant of the use of the property which is of a unique person. The plaintiff may apply for a writ by a motion filed through a litigation lawyer.
Before the case goes to trial, the Court requires the defendant to return specific goods to the plaintiff who must have absolute right to ownership of the property. The court issues an order with the date and time of the hearing directed to the defendant. The order has to show why the property should not be taken from the defendant and delivered to the applicant.
Sometimes, the plaintiff is required to post a civil bond before the order is granted.
The Writ of Replevin is usually an efficient and less expensive method of making justice, rather than having separate hearings or trials. But it’s important to keep in mind that it does not provide compensation for any monetary loss arising for the loss of use any property or the return of any specific item.
Marriage, Separation, and Divorce: what is the difference?
Marriage, Separation, and Divorce: what is the difference?
Couples sometimes enter in pre-nuptial agreements or separation agreements to avoid disputes in the event of divorce. Such contracts can deal with property rights, support, child custody and visitation. You may be able to enter into such agreements before or during marriage.
Unmarried couples living together sometimes use a contract to specify their expected rights and responsibilities, and may enter into agreements similar to the ones used by married couples. If you have any questions regarding such agreements, or if your spouse if not a U.S. citizen, you should call an immigration lawyer.
Separation agreements routinely specify who, in the event of divorce, will have custody of children, and stipulate the frequency and duration of visits by the other spouse. Pre-nuptial and separation agreements can also address various contingencies such as selling your home and valuing one another’s interest in pension plans. Such contracts might also require that a spouse pledge property to be forfeited for failure to comply with the agreement, which could also result in criminal contempt.
Unfortunately, most divorces involve more than the simple breaking of the marriage contract. People have children when they marry.
Sometimes they even have them before they marry (or sometimes even when they don’t marry.) Child custody issues can be extremely complex and very emotionally trying for all parties concerned. Support is a legal responsibility which can become financially burdensome even when it is fairly applied.
Under the law, support is not only available for the children but support may also be available for a spouse who is without resources to maintain themselves until the marriage is dissolved and possibly for some time after the divorce is final.
Such support may cover a short period of time after the divorce is granted to allow the receiving spouse to recover financially by either getting a job or obtaining training or education which will enable the spouse to support him or herself. Missouri does not allow for permanent support (alimony).
Property issues may also be quite difficult to determine.
Which party receives what items of property takes a great deal of negotiation between the parties and often can only be finally resolved by the court. Increasingly, couples are utilizing no fault divorce provisions as a manner of simplifying matters and cutting the costs of securing a divorce. Many times the parties are able to agree on the collateral issues we’ve discussed and avoid lengthy and expensive hearings.
REMOVING YOUR CONDITIONAL STATUS (GREEN CARD THROUGH MARRIAGE) https://t.co/UxoJpkGTkD
— IMM_AMM (@IMM_AMM) 10 de abril de 2017
Theft –
Theft is a crime of taking of someone else’s property without his/her permission and depriving him/her permanently. Thief is someone who carries out an act of theft.
In some jurisdictions, theft is considered to be synonymous with larceny while in others it has replaced larceny. States that still have retained larceny have usually codified the common law definition within the State’s penal code.
However, theft has a very broad legal meaning which may include more than one category of crimes. In fact the term is used for some crimes against property, such as burglary, grand theft, larceny, robbery, embezzlement, library theft, identity theft, or fraud. Many jurisdictions create degrees of theft crimes.
Even if the 18 U.S. Code Section regulates certain categories of theft, there is a regulation at State level and theft is prosecuted by the State in which it occurred. One of the most important example is the California Theft Act of 1927 which introduced a variety of common law crimes in the robbery and nowadays distinguishes between two great types of theft:
– Grand theft:
It is the most serious category of offenses and can have severe consequences. It occurs when someone steals something worth more than $ 1000;
Property can be money, labor or property;
It is punishable by up to one year in jail or prison, and can either be seen as a misdemeanor or felony;
In most States, stealing an automobile or other vehicle is charged as “grand theft auto” and may be punished by imprisonment.
2.
– Petty or “petit” theft:
It refers to relatively minor crimes, also known as misdemeanors and it is the default category for all other robberies. The stolen property value is below a certain value specified by law.
Petty theft is a misdemeanor punishable by a fine or six months in jail.
Thieves who continue to steal may become subject to life imprisonment in certain States. Those that are not U.S. citizens can also be subject to deportation. If you have been arrested or charged with a theft crime you should hire a criminal immigration lawyer with experience representing clients charged with theft crimes.
Get more information here: http://bit.do/What-is-aggravated-assault-felony
THE EXTENSION OF SECTION 245(I): FREQUENTLY ASKED QUESTIONS –
WHAT IS THE NEW SECTION 245(I) PROVISION OF THE LEGAL IMMIGRATION AND FAMILY EQUITY ACT OF 2000 (LIFE ACT)?
The new Section 245(i) allows certain eligible people (see answer to question #3) to become
permanent residents without leaving the U.S. Eligible people have until April 30, 2001 to file
an immigrant visa petition (an I-130, I-140, or I-360) with the Immigration and Naturalization
Service (INS) or a labor certification application with the Department of Labor (DOL) in order
to take advantage of this new provision.
IMPORTANT NOTE: The LIFE Act adds a new “physical presence” requirement: People who file a
petition or labor certification after January 14, 1998 but before April 30, 2001 must prove
that they were in the U.S. on December 21, the date this measure became law, in order to be
eligible to use Section 245(i).
Filing an immigrant visa petition is the first step in a two-step process. The second step is
acquiring permanent residency (the “green card”) by filing an adjustment of status application
(Form I-485). Even if a person does not apply to adjust status until after April 30, 2001, as
long as the petition or labor certification is filed before that date, if he/she is qualified,
their eligibility will not expire.
WHY IS THIS NEW SECTION 245(I) NEEDED?
Because Congress phased out the original Section 245(i) on January 14, 1998. (The original
Section 245(i), authorized in 1994, allowed eligible people who were out of status to adjust
their status in the U.S. upon payment of a fee of $1,000.) People who already qualified as of
January 14, 1998 were “grandfathered” to receive the benefits of Section 245(i). However, many
qualified people missed the January 14 deadline and others since have fallen out of status.
The extension of Section 245(i) until April 30, 2001 provides a four-month window of
opportunity for people to protect their ability to adjust their status in this country.
WHO IS ELIGIBLE TO QUALIFY FOR THE NEW SECTION 245(I) PROVISIONS?
A person who is eligible for permanent residence based on a family relationship or job offer,
and who wishes to adjust status to permanent residence without leaving the U.S., could benefit
from the new Section 245(i). Most people who entered the U.S. without inspection, overstayed
an admission, acted in violation of the terms of their status, worked without authorization,
entered as a crewman, or were admitted in transit without a visa, are considered out of status
and would be unable to complete the process to become a permanent resident in the U.S. without
Section 245(i).
WHAT ARE THE THREE AND TEN YEAR BARS, AND WHY SHOULD THEY BE OF CONCERN?
Without Section 245(i), out of status people needed to return to their home countries and
there complete the process for an immigrant visa at the U.S. consulate. However, if people
have been out of status in the U.S. for more than 180 days, they would be barred from
reentering the U.S. for at least 3 years, and perhaps as long as 10 years. Under Section 245
(i), an eligible individual can remain in the U.S. to obtain permanent residence through
adjustment of status, and thus never trigger these entry bars. (Once permanent residence is
obtained, these entry bars no longer apply.) Thus, it is particularly important that people
subject to the bars not leave the U.S. at all until they become permanent residents.
WHAT DOES THE NEW PHYSICAL PRESENCE REQUIREMENT MEAN AND HOW DO YOU PROVE COMPLIANCE WITH IT?
Under the new law, beneficiaries of an immigrant petition or labor certification that is filed
after the old deadline of January 14, 1998, but before the new deadline of April 30, 2001,
must prove that they were physically present in the United States on the date that LIFE Act is
signed into law, December 21, 2000. People can prove compliance by submitting evidence of
physical presence in the U.S. This evidence could include any receipts for December 21 that
include the beneficiary’s name.
HOW DOES A PERSON TAKE ADVANTAGE OF THE NEW SECTION 245(I)?
To take advantage of the new Section 245(i), a relative must submit a visa petition to the INS
on behalf of the person seeking Section 245(i) benefits. The U.S. citizen or legal permanent
resident who is sponsoring the Section 245(i) eligible person must file (and sign) the
petition. In addition, an employer can submit a labor certification to the DOL on behalf of
the person seeking Section 245(i) relief. Both petitions and applications must be submitted on
or before April 30, 2001. The INS or DOL does not have to approve the petition or application
by that date. It just needs to be filed by April 30, 2001.
Legal permanent residents can petition for their spouses and unmarried sons and daughters (of
any age). U.S. citizens can petition for their spouses, married and unmarried sons and
daughters of any age, parents, and brothers and sisters.
It is important to know that battered immigrant spouses can submit petitions for themselves,
as can applicants for national interest waivers.
DO PEOPLE HAVE TO ADJUST STATUS USING THE SAME CATEGORY IN WHICH THEY PETITIONED?
No. It is important that people eligible to use Section 245(i) file their petitions and
applications before April 30, 2001 using the eligibility they have at the time they file the
petition. This initial filing preserves the ability to adjust! People can switch to another
category when they become eligible for that category if that switch allows them, for example,
to more quickly adjust their status.
WHAT IS THE FEE AND WHEN MUST IT BE PAID?
The Section 245(i) fee is $1,000, and is in addition to any other filing fees the INS and DOL
charge. In most cases, this fee does not have to be paid when relatives or employers submit
the visa petition or labor certification on or before April 30, 2001. Rather, it is usually
due later, when people adjust their status and become permanent residents. Thus, the $1,000
fee usually needs to be paid at the time of filing the Form I-485A, which is