Author Archives: Svetlana Prizant
Death of Petitioner or Principal Beneficiary
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… Read More »
Estate Planning and Undocumented Immigrants
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… Read More »
Presidential Executive Orders on Immigration
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… Read More »
Continuous Residence and Physical Presence Requirements for Citizenship
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…. Read More »
Criminal Defense of Immigrants
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… Read More »
What Happens If The I-751 Is Denied?
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… Read More »
Aggravated Felonies: An Overview
One of the most common questions we often receive during in person and telephonic consultations in our immigration practice is whether an aggravated felony may decrease a person’s chances to legalize their status in the United States. The harsh reality is that the immigration options for non-citizen aliens convicted of an “aggravated felony” are… Read More »
Reminder: USCIS Fee Increase Effective December 23, 2016
Any employer anticipating submission of an immigration application or petition should consider filing prior to December 23, 2016, to avoid higher USCIS filing fees. On October 24, 2016, USCIS announced a final rule that adjusts the required fees for most immigration applications and petitions. This will be the first increase in six years and,… Read More »