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When Confronted with Criminal Charges, Obtaining an Experienced Law Firm May Protect Your Future

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.

Deportation Lawyer NYC.
Deportation Lawyer NYC.

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.

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Can a Federal Immigration Court revoke Green Card status?

What is o2 visa? O2 Visa Assistants of O-1 Visa Holders. O2 visa to green card

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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.

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Deportation Lawyer in NYC.  CALL (973) 814-4408

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.

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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.

Deportation Lawyer NYC.
Deportation Lawyer NYC.

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.

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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.

ELIGIBILITY FOR AN IMMIGRATION BOND
ELIGIBILITY FOR AN IMMIGRATION BOND

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.

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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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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

Cancellation Of Removal Cap. 42b Immigration – Cancellation Of Removal 42a: Cancellation Of Removal Non Lpr: Eoir 29 Appeal – Eoir 29 Fee- Eoir 29 Filing Fee- Eoir 29 Form – Eoir 29 – E 42b

 

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How to apply for cancelation of removal with an immigration court?

EOIR-42B, Non-Legal Permanent Resident Cancellation of Removal lpr

 

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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

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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

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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.

Form I-751, Petition to Remove Conditions on Residence

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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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Deporting Us Citizens

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H1b Deported

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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.

IF YOU NEED IMMIGRATION LEGAL AID, CALL US NOW! TLF: (973) 814-4408
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Deported Documentary

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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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Deportation Form

Deportation statistics

Deportation statistics
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https://www.ice.gov/removal-statistics

 

How to stop deportation order?

Deportation order search. Call us (973) 814-4408

Deportation waiver

 

 Immigration deportation attorney

Fight Deportation in the United States

 

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What does deportation mean?

Stay of deportation

Notice of deportation

What is a deportation notice ?

 

Deportation case status

Emergency stay of deportation

Get more information here: http://bit.do/What-is-aggravated-assault-felony

I 246 stay of deportation

motion for stay of deportation

What is deportation proceedings?

 

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Stay of deportation brief

Fighting deportation with an aggravated felony

Immigration and Deportation Attorney

Aggravated felony deportation relief

Get more information here: http://bit.do/What-is-aggravated-assault-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

Cancellation Of Removal Cap. 42b Immigration – Cancellation Of Removal 42a: Cancellation Of Removal Non Lpr: Eoir 29 Appeal – Eoir 29 Fee- Eoir 29 Filing Fee- Eoir 29 Form – Eoir 29 – E 42b

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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

Get in Touch with a New Jersey Immigration Attorney!

Call us (973) 814-4408

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

Criminal Immigration Defense in Federal Court –

 

 

Deportation Lawyer NYC. Waiver Attorney. Deportation Waiver NJ & NYC. Call us (973) 814-4408

 

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Criminal Immigration Defense in Federal Court –

Petition for Review. Stay of removal 8 C.F.R. 241.6. Federal court stay of removal –

 

 

 

 

 

 

 

 

 

Petition for Review. Stay of removal 8 C.F.R. 241.6. Federal court stay of removal

 

 

 

 

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Stay of Deportation – Stay of Removal Immigration – Motion to reopen

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JURISDICTION OVER IMMIGRATION PETITIONS AND STANDARDS OF REVIEW

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I 29 Form Immigration

Immigration Lawyer – Criminal Immigration Attorney

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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 Or Removal Proceedings

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Deportation From Usa To Jamaica

¿Necesitas información de un abogados de inmigración gratis?.

Deportation Or Removal Proceedings

Abogado criminalista de inmigración | Defensa criminal in New York and New Jersey

Deportation From Usa To Ukraine

INMIGRACIÓN DE NEGOCIOS E INVERSORES – Abogado NYC & NJ

Deportation Or Removal

Are you eligible for cancellation of removal?

240 removal proceedings

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42b form. How to apply for cancelation of removal with an immigration court?

212 a 2 c . Suspension of deportation. Cancellation of removal lpr | ina 237 – ina 212 a 2

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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

https://nationalimmigrationproject.org/PDFs/practitioners/practice_advisories/crim/212c-post-judulang.pdf

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/

 

Edmonton Law Courts –

 

Immigration court change of address

 

http://www.avvocatidirittointernazionale.com/Areas-of-Practice/Appeals/New-Jersey-Appellate-Division.aspx

Appellate Law – Appeals Lawyer New York City – NYC – Supreme court appellate division

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NOTICE TO APPEAR (NTA)-

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.”

Can my Green Card be revoked? –

 

http://www.lawcourts.ca/immigration-court-new-york-varick-street-change-address-immigration-court/

Can US Citizenship be Revoked?

 

How does a Diplomat get a Section 13 Green Card?

How do you get a Green Card through investments? –

Immigration court nyc –

Can I obtain a One and the same Person Court order? –

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://searchprivacy.co/?q=www.simonebertollini1.com+Lista+De+Deportados+De+Estados+Unidos+A+México+2016+

http://searchprivacy.co/?q=www.simonebertollini.com+Lista+De+Deportados+De+Estados+Unidos+A+México+2016+

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

Abogados  – 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

Italian dual citizenship services. Call (212) 235-1525




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.

italian citizenship

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

EUROPEAN PASSPORT FOR U.S. CITIZENS OF ITALIAN DESCENT

 

Italian dual citizenship services
Italian dual citizenship services

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

 

VISA B1. VIAJES DE NEGOCIOS A LOS ESTADOS UNIDOS –

 

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

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

https://nationalimmigrationproject.org/PDFs/practitioners/practice_advisories/crim/212c-post-judulang.pdf

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)

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.uscis.gov/forms/forms-updates/update-form-eoir-29-notice-appeal-board-immigration-appeals-decision-immigration-officer

https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir29.pdf

Get more information here: http://bit.do/form-eoir-29

 

Eoir 29 appeal

More information eoir 29 appeal http://www.criminalimmigrationlawyer.com/Deportation-Defense/Immigration-Appeals.aspx

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 L 1 visa 

L 1 visa processing time.

 

L 1 visa extension

 

L1b visa. Specialized Employees

 

L1 visa. L-1 Visa Lawyer. Intra-company Transferee visa –

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/

 

The L1 Visa for Intra-Corporate Transfer

 

http://www.dglitigators.com/l-1b-intracompany-transferee-specialized-knowledge/

 

http://www.immigrationlawyernewyorkny.com/l-1b-intracompany-transferee-specialized-knowledge/

 

 

L1 Visa Lawyer

The L1 Visa for Intra-Corporate Transfer

Understanding the L-1 Intra-Corporate Visa

xxxxxx

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

 

What is a Motion to vacate sentence?

http://www.criminalimmigrationlawyer.com/Criminal-Defense/Motion-440-10-in-New-York.aspx

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

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

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

More information notice of appearance immigration court http://www.criminalimmigrationlawyer.com/Deportation-Defense/New-York-Immigration-Court.aspx

blog.lawyersinus.com/?s=notice+of+appearance+immigration+court

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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

Vacating a conviction. 440 Motion to Vacate Default Judgment. –

Vacating a conviction. 440 Motion to Vacate Default Judgment.

https://t.co/tJ4odE17nU

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.

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

 

Guide to Naturalization. Uscis Form M 476. M-476 Form –




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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 immigration

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 immigration

Form m 476

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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.

Providing the USCIS with your change of address it is a condition of a requirement of an individual’s stay in the United States.

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

Notice of intent to deny i-140

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.

Deportation defense
Deportation defense

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Deportation Defense in New York

Deportation Defense in New Jersey

Abogado de defensa de Deportación en New York

Abogado de defensa de Deportación en New Jersey

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.

A criminal conviction can lead to lengthy terms of incarceration, substantial fines, and loss of reputation.

Moreover, immigrants that are convicted of serious crimes will face deportation proceedings and possible removal from the United States at the completion of their sentence and will need to enlist the services of a good New Jersey Lawyer to protect their permanence in the country.

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.

However, Lawful Permanent Residents that have not acquired US Citizenship can be held in custody for much longer, unless a bond is set by an immigration judge.

In cases like this, the deportation defense lawyer of a Litigation Law Firm will try to secure release from custody by making a motion for an expedited hearing.

Whether or not he is released from custody, an accused has the right to be informed of the charges against him.

A hearing, which is called “arraignment”, must be scheduled within 72 hours of the arrest.

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.

We specialize in deportation and removal hearings in immigration court.

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

 

 

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illegal reentry after deportation

More information about immigration law from an Immigration attorney in New Jersey & New York: illegal reentry after deportation http://www.simonebertollini1.com/Immigration/Federal-Immigration-Crimes/Re-Entry-of-Deported-Aliens.aspx

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Deportation Data

Deportation Court

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Deportation Letter Of Support

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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 Memorial Paris

Deportation Inc

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Deportation 2015

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Deportation 2015

The Acadian Deportation

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 tracker
n 400 tracker

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

 

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

What is N400 tracking?

http://blog.lawyersinus.com/uscis-form-m-476/

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

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

http://blog.lawyersinus.com/uscis-form-m-476/

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.

How to File a Regional Center Application –

How to File a Regional Center Application –

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.

What is Business litigation?

 

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/

Marriage, Separation, and Divorce: what is the difference?

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.

Crime Involving Moral turpitude (CIMT)

 

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) –

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.

http://blog.lawyersinus.com/uscis-form-m-476/

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.

Welcome To The Usa

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

Can you get a Green Card through marriage? –

 

 

 

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.

 

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

What are the steps to follow in the L 1 Visa Green Card immigration process? Business Immigration Attorney. Business Green Card –

 

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:

  • Marijuana;

  • LSD;

  • MDMA (also known as ecstasy);

  • 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:

  • Cocaine;

  • Methamphetamine;

  • 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.

What is a Regional Center? –

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.

Green Card for through family reunification

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.

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.<