BIA rules in favor of K-2 visa holders

June 29, 2011 By Tom Jr.

Board Sets Favorable Precedent for Children of Fiancées (K-2 Visa Holders)

On June 23, 2011 the Board issued its long-awaited decision in Matter of Le, 25 I&N Dec. 541 (BIA 2011). The Board’s ruling favorably resolves the issue of whether the child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21. The Board concluded that the age of the child is “fixed” at the time the child is admitted to the United States. In doing so, it rejected the Department of Homeland Security’s position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated.

The Board’s decision is consistent with the position that the American Immigration Council and the American Immigration Lawyers Association advocated in amicus briefs submitted to the Board in approximately a half dozen other cases where the child turned 21 after being admitted to the United States. The noncitizens in these and the many other cases before both Immigration Judges and U.S. Citizenship and Immigration Services offices throughout the country now will be able to become lawful permanent residents as Congress intended.

For more information on the K-2 visa for children, please see our webpage.

Where to get help

Unsure of how to move forward? Want to bring your fiancé’s children to the United States? We can guide you through the maze of immigration matters and procedures, selecting the best path for your immigration, including the child visa.

Immigration is a very specialized area of law; so, be sure your attorney focuses his practice on immigration and protecting your legal rights. We focus our practice on immigration law and you can reach us at 513-793-6555 or Thomasjr@geygan.com.

We will gently walk you through the immigration issues and aggressively fight for your legal rights. Call Geygan & Geygan today: 513-793-6555.

Filed Under: Family based Immigration, Family Visas, Green Card, Immigration

How consular officer are instructed to handle cases where an applicant as drunk driving hits.

June 28, 2011 By Tom Jr.

How consular officer are instructed to handle cases where an applicant as drunk driving hits.

Consular both generally become aware of drunk driving arrest and conviction after receiving the results of fingerprints taken when applicant has a “hit” on one or more of their database. While a drunk driving conviction is not statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether not the Applicant may in fact be in eligible under the Immigration and Nationality Act. The portion of the act could render an individual in eligible is an applicant who has a physical or mental disorder and demonstrates behavior associated with the disorder that may pose, or has pose, a threat to the property, safety, or welfare of the alien or others.

In the case of an immigrant visa applicant consular officers now must refer the applicant back to the panel physician for additional evaluation in two circumstances. The first being an applicant has a single drunk driving arrest or conviction within the last three calendar years. The second circumstance being two or more drunk driving arrest or conviction in any time period. In addition to those two circumstances consulate officers must also refer applicants the panel positions if there’s any other evidence to suggest an alcohol problem.

In order for an applicant to be found in eligible under the INA section 212 (a) (1) (A) (iii) the physician findings must include:

1. Diagnosis of a mental disorder (which would include alcohol abuse); and

2. Current harmful behavior associated with mental disorder or history of harmful behavior associated with mental disorder this judge likely to recur in the future.

Where to get help

At Geygan and Geygan, we focus our practice on immigration matters so we are uniquely qualified to help you and your family. Success with immigration matters, including the consular processing, requires a full understanding of the facts, the immigration law and the current policies. Please contact our office to discuss how we can help you. All conversations are confidential.

It’s easy to get help. Call or email our immigration lawyers today (Thomasjr@geygan.com.) We will gently walk you through your immigration issues and aggressively fight for your legal rights. Call Geygan & Geygan today: 513-793-6555.

Filed Under: Employment, Employment Visas, Family based Immigration, Family Visas, Green Card, Green Card, Immigration

9 Basic Bankruptcy Questions and Answers

June 28, 2011 By Tom Jr.

Filed Under: Bankruptcy, Chapter 13, Chapter 7

Do You Qualify for a Chapter 7 Bankruptcy Discharge of Debts?

June 28, 2011 By Tom Jr.

Do You Qualify for a Chapter 7 Bankruptcy Discharge of Debts?

We understand how it feels to be drowning in debt; to feel as though you can’t get your head above water; and, to desperately need a fresh start. Chapter 7 bankruptcy may be your answer.

If you qualify for Chapter 7 bankruptcy, most (if not all) of your debts will be discharged. Having debts “discharged” means that you never have to pay them back. In other words, your debts “magically” disappear. You, then, have a blank slate and can create a new, balanced financial life. Qualifying for Chapter 7 means that you get a fresh start and we all need a fresh start at some point in our lives.

Chapter 7 Bankruptcy: The Good

Simplest and fastest form of bankruptcy.
Debts are discharged; there is no repayment plan.
Legal fees are less than filing a Chapter 13 bankruptcy.
Chapter 7 filings are more successful than Chapter 13 filings.
Rarely (in only about 5% of all cases) are assets seized to pay debts.
As soon as your bankruptcy petition is accepted, a stay is issued and all creditors must stop contacting you (no more letters or phone calls.)
If your income is below the state’s median income, you are not subject to the means test.

Chapter 7 Bankruptcy: The Challenging

If your income is above the state’s median income, you are subject to the means test.

The Chapter 7 Bankruptcy Means Test

A formula to determine whether you have enough income to pay some part of your debt.

Other Chapter 7 Bankruptcy Qualifications

You must not have had a bankruptcy petition dismissed within the last 180 days.
You must receive credit counseling within 180 days of filing your bankruptcy petition.
You must not have committed fraud against the court or creditors.

Exception: Debts not discharged in Chapter 7 Bankruptcy

Student loans
Most tax debts

Where do I get help filing Chapter 7 Bankruptcy?

Bankruptcy is a very specialized area of law; be sure your attorney focuses his or her practice on bankruptcy and helping people like you. We focus our practice on bankruptcy law and help people just like you. You can reach us at 513-793-6555 or Thomasjr@geygan.com.

We will gently walk you through the bankruptcy process, answer your questions, analyze your case, and aggressively fight for your legal rights. We look forward to your call or email.

Filed Under: Bankruptcy, Chapter 7

Study Materials To Prepare for Naturalization Test for FREE

June 24, 2011 By Tom Jr.

Study Materials To Prepare for Naturalization Test for FREE

Part of the naturalization (i.e. becoming a U.S. citizen) process is taking a test. The U.S. government just wants to be sure you know what you’re getting yourself into as a U.S. citizen.

Need help with the Form N-400 or the naturalization process? Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com.

We’re here to help; so relax. You have all the information ahead of time and it’s free. Below, we’ve provided links below so you will have all of the information that you need for FREE.

FREE Study Materials for the English Test

FREE Study Materials for the Civics Test

Unless you qualify for an exemption or waiver, you will take an English and civics test. The English test has three parts: reading, writing, and speaking. The civics test covers important U.S. history and government topics. See below to learn more about the test and the free study tools available to help you prepare.

The English Speaking Test

During your interview with the USCIS officer for your naturalization application, he or she will evaluate your ability to speak English.

The English Reading Test

You only have to read one out of three sentences correctly to demonstrate an ability to read in English.

The English Writing Test

You must write one out of three sentences correctly to demonstrate an ability to write in English.

The American Civics Test

There are 100 civics questions on the naturalization test. During your naturalization interview, you will be asked up to 10 questions from the list of 100 questions. You must answer correctly at least six (6) of the 10 questions to pass the civics test.

Remember, you have all the information ahead of time, there are no trick questions.

You have two opportunities to take the English and civics tests per application. If you fail any portion of the test during your first interview, you will be retested on the portion of the test that you failed within 90 days.

Where to get help with your immigration issues

If you have immigration law questions or wonder how the law applies in your specific case, be sure to consult with a qualified immigration attorney. Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and helping people like you become naturalized U.S. citizens.

We focus our practice on immigration law and help people just like you. You are not alone.

Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will gently walk you through the naturalization process. In addition we explain immigration law and issues, represent you in front of the USCIS and Department of State as needed, and aggressively fight for your legal rights.