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PRIMER – CANCELLATION OF REMOVAL FOR NON-PERMANENT RESIDENTS

By Edward Shulman, Posted on July 23, 2020Posted in Immigration Law

Cancellation of Removal is a form of deportation relief available to non-legal permanent resident aliens who are currently in Removal Proceedings. To qualify for this benefit, the undocumented individual must prove to an Immigration Judge the following: they have maintained continuous physical presence in the United States for 10 years or more, they have been of good moral character for the past 10 years, and their removal would result in exceptional and extremely unusual hardship to…

PRIMER – SPECIAL IMMIGRANT JUVENILES

By Edward Shulman, Posted on July 20, 2020Posted in Immigration Law

Certain immigrants under 21 years of age who have been abused, neglected, or abandoned by one or both of their parents may qualify for an immigration classification called Special Immigrant Juvenile (SIJ). If SIJ classification is granted, these immigrants can qualify for a Green Card. To be eligible for this status, the alien must meet the following requirements: be under 21 years old; be currently living in the United States; be unmarried; have a valid juvenile…

PRIMER – TEMPORARY PROTECTED STATUS

By Edward Shulman, Posted on July 16, 2020Posted in Immigration Law

Temporary Protected Status (TPS) is a temporary immigration status given to nationals of certain countries experiencing problems such as ongoing armed conflict, an environmental disaster, an epidemic, or other extraordinary conditions that render it difficult or unsafe for the nationals to be deported there. It allows for a work permit and the ability to travel. TPS beneficiaries are protected from removal from the United States. The countries currently designated for TPS per the Secretary of Homeland…

PRIMER – FALSE CLAIMS TO U.S. CITIZENSHIP

By Edward Shulman, Posted on July 13, 2020July 13, 2020Posted in Immigration Law

A false claim to citizenship is when a non-U.S. Citizen claims to be a U.S. citizen to obtain a benefit under federal or state law. This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. An individual who is removed on the grounds of a false claim to citizenship is permanently inadmissible and cannot return to the United States. Some possible examples…

Read MorePosted on July 13, 2020July 13, 2020

INTERNATIONAL STUDENTS MAY BE FORCED TO LEAVE THE UNITED STATES

By Edward Shulman, Posted on July 9, 2020Posted in Immigration Law

U.S. Immigration and Customs Enforcement (ICE) has announced that if F1 or M1 visa holders’ institutions changed to a fully online format in the fall, these visa holders would need to leave the country or risk removal. ICE has offered that they could switch to an institution with in-person classes. If they are not currently in the country, they will be barred from entry. An F1 visa is issued to students who are attending a university…

DRIVE-THRU NATURALIZATIONS

By Edward Shulman, Posted on July 8, 2020Posted in Immigration Law

Naturalization is the way in which a person not born in the United States voluntarily becomes a U.S. citizen. A person is eligible to apply for naturalization if he or she is at least 18 years old when filing the Form N-400 (Application for Naturalization) and has been a legal permanent resident for at least 5 years (or 3 years if married to a U.S. citizen). There are other eligibility requirements, such as good moral character.…

PRIMER – UNLAWFUL PRESENCE

By Edward Shulman, Posted on July 7, 2020July 7, 2020Posted in Immigration Law

Unlawful presence under U.S. immigration law is defined as the period of time that a person is in the United States without being admitted or paroled, and are not in a “period of stay authorized by the Secretary [of Homeland Security].” A person accrues unlawful presence if they are in the United States without being admitted or paroled or if they have remained after the expiration of their authorized period of stay. The law provides exceptions…

Read MorePosted on July 7, 2020July 7, 2020

PRIMER – K-1 VISA

By Edward Shulman, Posted on July 2, 2020Posted in Immigration Law

The K-1 visa, otherwise known as the fiancé(e) visa, allows U.S. Citizens to legally bring their foreign-born fiancé(e) to the United States to get married and eventually establish permanent legal residency. To obtain this visa, the marriage must take place within 90 days of the fiancé(e)’s arrival into the United States. Furthermore, the marriage must be of good faith, in order words, a bona fide marriage with the intent to spend the rest of their lives…

PRIMER – DEPORTATION AND REMOVAL PROCEEDINGS

By Edward Shulman, Posted on June 29, 2020Posted in Immigration Law

Under current U.S. immigration law, an important distinction in defining whether certain laws will apply to an alien in removal proceedings is if the person has ever been officially admitted to the United States. Admission is generally defined as “the lawful entry of [an] alien into the United States after inspection and authorization by an immigration officer.” In other words, if you arrived in the U.S. lawfully and were inspected by an officer, you have been…

PRIMER – REMOVING THE CONDITIONS ON PERMANENT RESIDENCE

By Edward Shulman, Posted on June 25, 2020Posted in Immigration Law

The immigration form I-751 is otherwise known as the Petition to Remove Conditions on Residence. If you have a conditional Green Card, you must file the I-751 form to request that U.S. Citizenship and Immigration Services (USCIS) remove the conditions on your Green Card. You receive a conditional Green Card if you have only been married to your U.S. citizen or legal resident spouse for less than 2 years when your petition for a Green Card…