A Path To Citizenship

This video is a talk I gave at the Cincinnati Law Library along with the Mexican Consulate about immigration law.  This talk illustrates the path from fiancee to green card to naturalization. Key times for the video are as follows:

  1.  Introduction 0:00
  2. K-1 Visa 07:21
  3. Adjustment of Status (green card) 18:13
  4. I-751 Removal of Conditions 22:25
  5. Naturalization 30:15
  6. Questions from the audience 37:56
  7. Mexican Consulate talk 45:15

Geygan & Geygan, Ltd.

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Smuggling Or Trafficking Of Children May Bring Criminal Charges Against Parents

On February 20, 2017, Secretary of the Department of Homeland Security (DHS) John Kelly issued a memorandum entitled “Implementing the President’s Border Security and Immigration Enforcement Improvement Policies”. In a section entitled “Accountability Measures to Protect Alien Children from Exploitation and Prevent Abuses of Our Immigration Laws,” the Kelly Memo states that to counter “smuggling or trafficking of alien children” by “parents and family members of these children,”

[T]he Director of [U.S. Immigration and Customs Enforcement (ICE)] and the Commissioner of [U.S. Customs and Border Protection (CBP)] shall ensure the proper enforcement of our immigration laws against any individual who—directly or indirectly—facilitates the illegal smuggling or trafficking of an alien child into the United States. In appropriate cases, taking into account the risk of harm to the child from the specific smuggling or trafficking activity that the individual facilitated and other factors relevant to the individual’s culpability and the child’s welfare, proper enforcement includes (but is not limited to) placing any such individual who is a removable alien into removal proceedings, or referring the individual for criminal prosecution.

On April 11, 2017, Attorney General Jefferson Sessions issued a memorandum to federal prosecutors instructing them to make criminal prosecutions for immigration-related offenses, including for smuggling-related conduct, “higher priorities.”

Now noncitizen family members of children in removal proceedings are at increased risk of being placed in removal proceedings themselves if the government believes that they have “facilitated” a child’s unlawful entry into the United States, whether “direct or indirectly.” Family members may also face federal criminal charges instead of or in addition to these removal proceedings.

If you have a child in removal proceedings, please contact an experienced attorney.

Geygan & Geygan, Ltd.

8050 Hosbrook Road
Cincinnati, Ohio 45236
United States (US)
Phone: 5137911673
Fax: 5137911683
Email: ThomasJr@geygan.com
Monday8:30 AM - 5:00 PM
Tuesday8:30 AM - 5:00 PM
Wednesday8:30 AM - 8:30 PM
Thursday8:30 AM - 5:00 PM
Friday8:30 AM - 5:00 PM
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Pentagon Considers Abandoning Immigrant Soldiers

This post comes from an article from NPR (http://www.npr.org/2017/07/03/535342867/pentagon-considers-canceling-program-that-recruits-immigrant-soldiers) My comments are at the end.

The Pentagon is considering pulling out of a deal it made with thousands of noncitizen recruits with specialized skills: Join the military and we’ll put you on the fast track to citizenship.

The proposal to dismantle the program would cancel enlistment contracts for many of the foreign-born recruits, leaving about 1,000 without legal protection from deportation.

The plan under consideration is laid out in a memo from Pentagon officials to Defense Secretary James Mattis. In the memo, obtained by NPR, high-level personnel and intelligence officials cite security concerns and inadequate vetting of recruits under a program called Military Accessions Vital to the National Interest, or MAVNI.

The memo also cites “the potential threat posed by individuals who may have a higher risk of connections to Foreign Intelligence Services,” and it refers to an “elevated” risk of an insider threat.

The recruitment program began in 2009 to attract immigrants with medical or language skills, such as surgeons or Arabic speakers. It allows visa holders, asylees and refugees to bypass the green card process to become U.S. citizens.

The founder of the MAVNI program, retired Lt. Col. Margaret Stock, said the security concerns are overblown. “If you were a bad guy who wanted to infiltrate the Army, you wouldn’t risk the many levels of vetting required in this program,” she said.

Noncitizens have had a long history in the U.S. military. Immigrants have been eligible to enlist since the Revolutionary War.

Three Defense Department officials, speaking on the condition of anonymity because they could not discuss the memo publicly, said the Pentagon is trying to balance national security concerns with the military’s needs for specialized skills immigrants can provide. Sometimes, the officials said, the Army wasn’t using the program as intended, putting MAVNI recruits in roles that didn’t match their skills.

Nearly 10,000 immigrants are in the MAVNI program, principally the Army, according to the Pentagon memo. The memo divides them into four groups based on their potential security risk, as determined by their level of vetting and their access to classified information.

Some already are serving in the military and have been flagged for enhanced security screenings, while others are awaiting basic training and would be separated from the military or have their enlistment contracts canceled.

About 1,000 recruits awaiting naturalization would be at risk of deportation because their visas have expired. U.S. Citizenship and Immigration Services had deferred action on deportation because the soldiers were in the MAVNI program.

The program has been frozen pending further review.

Questions about the program arose last year when officials discovered that some MAVNI recruits had offered false educational credentials, according to a legal brief from the Department of Justice. The brief was filed as part of a lawsuit challenging the Pentagon’s decision to freeze the program.

The Pentagon responded to the discovery of some recruits providing fake university degrees by ordering security checks on all recruits in the program and barring new enlistments.

But that screening process has overwhelmed the Army’s resources. According to the Pentagon memo, those security checks have “diverted already constrained Army fiscal and manpower resources from their primary roles.”

Stock said many MAVNI recruits were left in limbo.

“The Army said you can ship to basic training after you complete the background checks. But now they’ve canceled all the background checks so nobody can ship to basic training,” she said.

In one of two ongoing lawsuits, several noncitizens recruited under MAVNI and serving in the Army Reserve have sued. They argue that they were promised an expedited path to citizenship but that the Department of Homeland Security, at the behest of the Pentagon, has failed to process their naturalization applications, as required by law.

The plaintiffs argue the Pentagon discriminated against naturalized U.S. citizens denied security clearances in the first terms of their enlistment. That meant that the military careers of the MAVNI recruits were effectively stalled out because they could not attend officer training school, for instance.

The lead plaintiff , Kirti Tiwari, is a native of India, with a master’s degree in molecular biology. He was selected as an Army nominee for NASA’s astronaut program, but that plan was put on hold when Tiwari couldn’t get a security clearance in his first term of enlistment.

The Pentagon has since changed that policy, but plaintiffs’ attorney Neil T. O’Donnell said naturalized citizen soldiers still face discrimination because some haven’t been allowed to enter basic training.

In the memo, the Pentagon acknowledges that freezing the MAVNI program and subjecting recruits to more screening could be legally problematic. For example, some recruits are already naturalized citizens deployed around the globe. “There are significant legal constraints to subjecting this population to enhanced screening without an individualized assessment of cause,” the memo states.

The memo also suggests devising a “public affairs strategy” before canceling enlistment contracts.

Stock, the founder of the program, said the proposal outlined in the memo could violate the U.S. Constitution’s Equal Protection Clause.

“They’re subjecting this whole entire group of people to this extreme vetting, and it’s not based on any individual suspicion of any of these people. They’ve passed all kinds of security checks already. That in itself is unconstitutional,” she said.

shadow-ornament

My comments:

This bothers me greatly.  The United States government set up this program, it laid out all of the criteria and it individually accepted these individuals.  These individuals took an oath to obey the lawful orders of those above them and to protect and defend the constitution of the United States against all enemies foreign and domestic.  Enlistment in another country's military is a common way to lose your citizenship.  By the terms dictated by the United States, these military members have abandoned everything they were to protect the United States.

Now if anyone of them is a foreign agent, they should be prosecuted to the fullest extent provided under the law.  Those that enlisted using false documents, can and should be prosecuted for false enlistment.  But those enlisted truthfully should be protected by the U.S. government at the same level we expect our military members to follow orders and protect and defend the constitution.  The U.S. military has never subscribed to the theory of "pour encourager les autres"  and should not in this case.

General Mattis was a great Marine general, who is well loved for the support and defense of his marines.  One should be able to expect Secretary Mattis to show that same support for all member of the Department of Defense.

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K-1 Visa process part 2

Free E-Book Visas & Green Card For Your Fiancee or Spouse

The fiancé(e) visas and green card process are absolutely critical for you to know and understand, because these are the processes that will allow or keep you from bringing your loved one to the United States.

 
  The K-1 Visa process is the second part of brining your fiancée here on a K-1 visa the first part was the K-1 petition process which was discussed previously.

K-1 Visa Process Forms & Documents

Upon receipt of an approved petition from USCIS, the consulate generally issues a letter to your fiancé(e) outlining the steps for visa application. Since the K-l nonimmigrant seeks to enter the United States ultimately to apply for immigrant status, he or she must present the following documents, some of which can take considerable time to obtain:
• Form DS-160 which is filed electronically;
• Valid passport;
• Birth certificate;
• Evidence of the termination of prior marriages (even if such evidence was a required part of the underlying petition);
• Police certificates, if available, from the beneficiary’s present place of residence and any place in which he or she has resided for six months or more since reaching age 16;
• Form DS-157 medical examination record; and
• Evidence of available financial resources to demonstrate that the beneficiary will not become a public charge.

K-1 Visa Process Clearance Procedures, Interview, and Visa Issuance

Upon receipt of the requisite documents, the consular officer initiates clearance procedures, requesting priority handling and a response within 30 days. When security clearances have been completed, the consular officer interviews your fiancé(e) to determine eligibility as if your fiancé(e) were applying for an immigrant visa as an immediate relative. If the consular officer finds your fiancé(e) to be eligible, he or she issues the K visa valid for six months and a single entry without charge and without requiring fingerprints. The consular officer then seals the petition and all supporting documents in an envelope and gives it to your fiancé(e) for presentation at the port of entry.

For more information on  the fiancee visa, including a short video, please click the button below to be taken to one of our Fiancee Visa pages.

More Fiancé(e) Visa Information

 

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K-1 Visa Process part 1

Free E-Book Visas & Green Card For Your Fiancee or Spouse

The fiancé(e) visas and green card process are absolutely critical for you to know and understand, because these are the processes that will allow or keep you from bringing your loved one to the United States.

 
The K-1 Petition Process is the first part of bringing your fiancée here on a K-1 visa. The second part the K-1 Visa Process will be talked about in the next article.

Place of Filing the Petition

The K-l  petition process is started when the I-129 “Petition for AlienFiancé(e) is filed by the petitioner “with the director having administrative jurisdiction over the place where the petitioner is residing in the United States.” The appropriate “director” for purposes of adjudicating K petitions is the appropriate USCIS regional service center director. The K-1 petition may not be filed with or considered by the consulate abroad; however, a citizen abroad can execute the visa petition before a consular or immigration officer there and then forward the completed application to the appropriate USCIS office in the United States.

The K-l Petition and Supporting Documents

The K-l petition is filed on Form I-129F and must include color photographs of each of you and a signed USCIS Form G-325A for both you and your fiancé(e). The petition must be supported by proof that the two of you have met in person within two years before filing; intend to marry; are legally able to marry, including proof of the legal termination of any prior marriages of either; and are willing to marry within the 90-day period. Affidavits from each of you and persons with personal knowledge of your relationship, dated photographs showing the two of you together, correspondence between you and your fiancé(e) by letter or e-mail, telephone bills, receipt for engagement ring, documentation of wedding plans (such as invitations and receipt for deposit for a party hall), and similar types of evidence are very valuable in establishing these requirements.

Upon receipt of the petition, USCIS creates an “A” file for your fiancé(e). On approval, USCIS sends the petition to the appropriate consular post, which is usually the consulate located in the country where your fiancé(e) resides. An approved petition remains valid for four months from the date of USCIS action. A consular officer may revalidate the approved petition for additional four-month periods upon proof that you two are free to and intend to marry within the 90-day period. An approved K-1 petition is automatically terminated if you die or withdraws the petition before your fiancé(e) arrives in the United States.

K-2 Dependents

The minor unmarried children of your fiancé(e) who are listed in the petition may be accorded K-2 status if accompanying or following-to-join your fiancé(e). Neither a separate petition nor a separate filing fee is required.

For more information on  the fiancee visa, including a short video, please click the button below to be taken to one of our Fiancee Visa pages.

More Fiancé(e) Visa Information

 

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