To adjust his or her status to lawful permanent resident under section 245(a) of theImmigration and Nationality Act (“INA”), an individual must show the Service, or an Immigration Judge, that s/he has been admitted to the United States following inspection (or parole) by and authorization from an immigration officer, that s/he is eligible to receive animmigrant visa that is immediately available to her or him, and that s/he is admissible. Unless the applicant receives classification as an immediate relative under INA § 201(b), or as a “special immigrant” under certain other provisions, she/he must
Basic Eligibility for Section 204(l) Relief for Surviving Relatives
You may be eligible to seek relief if you are a:
Principal or derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the petitioner died;
Derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the principal beneficiary died;
Derivative beneficiary of Form I-140, Immigrant Petition for Alien Worker, and the principal beneficiary died;
Beneficiary of a pending
In the past, a petition could not be approved if the petitioner died while the petition remained pending. In 2009, Congress addressed this scenario with a new statutory provision, INA 204(l). This provision gave foreign nationals the ability to seek an immigration benefit through a deceased qualifying relative in certain circumstances.
An officer may approve an adjustment application, certain petitions, and related applications adjudicated on or after October 28, 2009, if:
· The applicant resided in the United States when the qualifying relative died;
· The applicant continues to reside in the United States on
As the quest to deport illegal aliens looms, immigrants with questionable status wait and worry about their dependents’ financial well being.
The country’s 11 million undocumented immigrants have always been in a precarious legal position. But with federal and state authorities cracking down, the threat of sudden detainment or deportation is more real than ever.
A simple power of attorney will do the trick in some situations, but others may require a full-fledged trust. That’s where things can get complicated.
To open a trust or bank account, a resident alien needs to register
Our office has gotten a lot of inquiries on what the recent Executive Orders mean, below is a short summary:
Border Wall/Build Up
DHS has already dramatically increased the use of detention and rapid removal procedures against those arriving at our borders. Unfortunately, these enforcement methods have been shown to undermine fundamental due process protections and deprive legitimate asylum seekers of protection.
“Catch and Release” Isn’t Being Used Now DHS Secretary Michael Chertoff ended “catch and release” – an unofficial term for the practice of releasing people apprehended at the border while their
The continuous residence and physical presence requirements can be a point of confusion for many green card holders when applying for U.S. citizenship through naturalization.
Continuous Residence Explained
Generally, you must have 5 years of continuous residence in the U.S. to become eligible for naturalized citizenship. However, if you are married to a U.S. citizen, the requirement is 3 years of continuous residence (while married to the U.S. citizen spouse). There’s an exception if the spouse is a battered spouse.
Travel outside the United States can disrupt your continuous residence. You should avoid
Criminal charges can have serious consequences for anyone. But for immigrants, a conviction can be devastating and possibly lead to deportation or removal. Many misdemeanor and felony arrests and convictions result in deportation, no matter how many years the immigrant has lawfully resided in the United States.
This is why it is so important to seek legal counsel from an immigration attorney when your client faces the possibility of being convicted of a crime. Legal professionals throughout New York turn to me for advice regarding the criminal defense of immigrants. At
What Happens If The I-751 is Denied?
Once the I-751 is denied, your status is a lawful permanent resident is terminated. Consequently, you are no longer authorized to work or travel. According to 8 Code of Federal Regulations (8 C.F.R.) section 216.4(d)(2), there is no administrative appeal to the USCIS Director for a denied I-751 petition. Instead, you are supposed to be issued a Notice to Appear (NTA) before an immigration judge where USCIS’s decision will be reviewed and you will be given the opportunity to renew your I-751 joint petition