U.S. Government Seeks to Reduce Separation of U.S. Citizens and Family Members

January 9, 2012 By Tom Jr.

The USCIS (United States Citizenship and Immigration Services) is working to decrease the time delay of family members legally immigrating to join their U.S. citizen family members, in the United States. New regulatory proposals were announced January 6, 2012, by Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services.

Family unity is the foundation for many of the U.S. immigration laws. It’s a high priority. Now, the government seeks to reduce the wait time for family reunification, work more efficiently, and to standardize the process.

Mr. Mayorka’s statement explains,

“Currently, children and spouses of U.S. citizens who have accrued a certain period of unlawful presence in the U.S., and have to leave the country in order to become a legal permanent resident of the U.S., are barred from returning to their families for as long as 3 or 10 years. They can receive a waiver to allow them to return to their families before that period by showing that their U.S. citizen family member would face extreme hardship as a result of the separation. But under current procedures, in order to obtain the waiver, these individuals must apply from outside the United States after they have been found inadmissible by a Department of State consular officer. This process can be lengthy and discourages individuals who are currently eligible for this waiver from applying. To address this problem, the USCIS proposal would allow eligible immediate relatives of U.S. citizens to apply for and receive “provisional waivers” of unlawful presence before they leave the United States for consular processing of their immigrant visa applications, significantly reducing the time U.S. citizens are separated from their spouses, or children.”

Reunification Benefits Our Society

It is recognized that a separation of 3 to 10 years can cause a significant breakdown in the family and family support systems. It benefits the U.S. government and society, in general, if families are kept together. Families provide emotional and financial support that the government and taxpayers would otherwise bear the brunt of.

Where to Get Help Bringing Your Family Members to the United States

More details on the new immigration regulations will be published, likely this spring, in the Notice of Proposed Rulemaking. Public comments will be welcome. If you need help, we focus our practice on immigration law and bringing children and spouses of American citizens to the U.S.

Your next step is to contact our office: 513-791-1673, the form below or Thomasjr@geygan.com. We will guide you and your loved ones through the immigration process and help you to reunify your family in the United States.

Filed Under: Deportation & Removal, Family based Immigration, Family Visas, Green Card, Immigration, Waiver

Are You a Refugee?

December 14, 2011 By Tom Jr.

Immigration to Avoid Persecution and Chaos

If you (or a loved one) must flee your homeland or another country, to avoid persecution and chaos, there are 7 paths to U.S. immigration. This means that you can either come to the U.S., or avoid removal proceedings, if you qualify. Obtaining refugee status is one of those 7 paths. Consult with a qualified immigration attorney to determine whether obtaining refugee status, or one other the other 6 paths, is right for you.

How Do I Qualify as a Refugee?

In very general terms, you may obtain refugee immigration status, if you have a well-founded fear of persecution because of your:

Race
Religion
Nationality
Social Group Membership
Political Opinion

The Refugee Process

This is a overview of the refugee application process; each next step assumes that the previous step was completed successfully.

The UN High Commissioner for Refugees must determine that you qualify as a refugee.
The Commissioner gives the appropriate U.S. embassy, your name.
The U.S. embassy orders a background check from a resettlement organization.
The background check is performed.
The State Department runs a name check via the Consular Lookout and Support System.
The potential refugee must interview with an officer from the Department of Homeland Security.
The application is then sent to the Depart of State.
The FBI and CIA do an additional review and issue a Security Advisor Opinion.
The State Department must give final approval.
Any specific relocation request based upon a family relationship is investigated.
The refugee must fly into one of eight approved airports, where he or she must participate in a face to face interview to ensure that he or she is actually the person approved for entry.
At the airport, the refugee is issued photo identification that shows that he or she is authorized to live and work in the United States.

It’s a complicated and lengthy procedure; it’s likely in your best interest to consult with a qualified immigration attorney to make sure that your request for refugee status is handled correctly and in a timely manner.

Where to Get Help with Refugee and Immigration Issues

We focus our practice on immigration law and help people just like you every day. We will listen to your concerns and answer your questions; you are not alone.

Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will guide you through the refugee application and resettlement process.

Filed Under: Asylum, Immigration, Immigration Court

Immigration Laws are So Confusing

August 25, 2011 By Tom Jr.

Immigration Laws are So Confusing

If you’ve ever thought, “Immigration Laws are sooooo confusing,” you’re not alone – and you’re right. Immigration law is very detail oriented, with lots of rules and procedures, which change continuously. That’s why we focus our practice on immigration law and don’t try to be experts in all legal fields.

How We Can Help You and Your Family with Immigration Matters

First off, it’s important that you don’t feel alone and that you know you’re in good hands. So, we explain how immigration procedures work and, specifically, how we will help you. For instance, you may need representation in immigration court, help bringing a family member to live with you in the United States, or legal assistance to avoid removal proceedings and deportation.

Secondly, we answer all of your questions and address your concerns. We explain what to expect, and how your specific immigration issue will be handled. You will never be surprised. We’ve found that these conversations help our clients to feel increased peace of mind and to sleep better at night.

Third, we guide you through all immigration matters step by step. You are never alone, even if you need to go to court, have an immigration interview, or file applications with supporting documentation.

Full Disclosure is Required; Confidentiality is Guaranteed

While we, as your immigration lawyers, do all the things mentioned immediately above, you must be active in your immigration case as well. Basically, this means that you must be completely honest, and disclose all information even if you think it may be harmful to your case. We can only help you if we know everything. Just like a medical doctor can only diagnosis and treat a problem if you disclose all of your symptoms, we, as you immigration attorneys, can only understand your immigration issues and determine what legal path to pursue if we have all the facts. Once we establish the attorney-client relationship, anything you disclose to us will be held in the strictest of confidences, as required by law.

Where to Get Help with Immigration Issues

We focus our practice on immigration law and help people just like you every day. We will listen to your concerns and answer your questions; 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 your immigration issues, even representing you in court and before the Department of State.

Filed Under: Adoption, Asylum, Citizenship, Deportation & Removal, Employment, Employment Visas, Family based Immigration, Family Member, Family Visas, Green Card, Green Card, Green Card, Immigration, Immigration Court, Investor Visas, Naturalization, Reform/New Laws, Treaty Investors, Waiver

Will They Deport Me for Drunk Driving?

August 15, 2011 By Tom Jr.

Will They Deport Me for Drunk Driving?

If you are not a U.S. citizen, the thought of being deported is a scary thing; and, committing a crime can be cause for deportation. If you’ve been arrested for drunk driving (DUI or DWI), consult an immigration attorney who will work with your criminal defense attorney. Drunk driving is a serious issue.

Does DUI = Direct Deportation?

Sometimes a conviction for drunk driving will lead to deportation or removal proceedings; however, it others, it may not. For example, if you killed or injured someone while driving drunk or you have been convicted of drunk driving several times, drove without a license, or there were other aggravating factors, deportation may be an issue. In other words, your arrest for DUI/DWI may or may not directly lead to you to deportation or removal proceedings. It depends upon the circumstances.

Does DUI = Indirect Deportation?

If you are arrested for drunk driving, your arrest may show up on the U.S. Immigration and Customs Enforcement’s (ICE) radar. If you are not legally in the country or are removable for another reason, you may be subject to deportation. In other words, your arrest for DUI/DWI may bring you to the attention of ICE who will investigate whether you are in legal status and/or have any other reason to be deported.

Other Potential Immigration Related DUI Consequences

Besides deportation or removal proceedings, a drunk driving conviction may have other serious consequences as well:

You may be placed in jail for weeks or months during removal proceedings.
Drug or alcohol problems can limit your immigration options.
Immigration judges will likely look unfavorably upon drunk driving convictions when exercising discretion in your case.
DUI/DWI will have an impact on your application for release on a bond.

Where to Get Help if You’ve Been Arrested for Drunk Driving

If you are not a U.S. citizen and you have been arrested for either DUI or DWI, it is likely in your best interest to consult both an immigration attorney and a criminal defense attorney. A conviction for drunk driving, with aggravated circumstances, may lead to removal proceedings and deportation. And, there are other serious immigration consequences as well.

Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and helping people like you avoid deportation and other serious consequences of DUI and DWI convictions.

We focus our practice on immigration law and help people just like you.

Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will represent you in court and front of the Department of State, as needed; and we will aggressively fight for your legal rights. You are not alone.

Filed Under: Deportation & Removal, Immigration, Immigration Court

"LPR" or "Green Card"

August 12, 2011 By Tom Jr.

“LPR” or “Green Card”

“LPR” stands for “lawful permanent resident.” If you’re like most people, you’ve heard the term, “green card,” but aren’t sure what it actually means. A green card is a colloquial term for the legal document that proves that the holder is a lawful permanent resident and has a legal right to live and work in the United States. It’s also called the “United States Permanent Resident Card” (formerly, “Alien Registration Receipt Card.”) But with a name like that, it is easy to understand why the term “green card” is so widely used.

It may not surprise you that green cards are green. However, they have been green; then pink, then cream and, now again, green. They are small laminated cards with the permanent resident’s photograph and fingerprints.

What are the benefits of a green card?

The green card benefits are significant. The green card indicates that the holder is a “lawful permanent resident,” having the right to live and work in the United States. The holder also has the right to be protected under the laws of the federal government as well as his or her state and locale of residence.

The green card also serves as a reentry document, meaning that the holder has the right to reenter the United States after a short absence, without providing additional documentation.

It is significant to note that a lawful permanent resident or green card holder is not a U.S. citizen. And, thereby, does not have all the rights associated with citizenship such as voting in national elections.

Does the green card expire?

The green card is permanent, although it must be renewed every 10 years (like a driver’s license needs to be renewed.) However, there are two limitations: First, the holder’s U.S. residence must remain his or her primary residence. Second, conviction of certain crimes will nullify lawful permanent residence status.

How to get a green card

Remember the romantic comedy (1990) feature film, “Green Card?” A young American woman enters into a marriage of convenience so that a Frenchman can attain his green card. Having a family member or fiancé petition for a green card is just one way to become a permanent resident.

The most common ways to get a green card are through:

a family member
a job (typically, a high level professional position)
political asylum or as a refugee

If already in the U.S., a green card applicant goes through a process called “Adjustment of Status” to obtain a green card. If living outside the U.S., the applicant must go through a process called “Consular Processing,” applying at a U.S. embassy or consular outside the U.S.

Who makes these green card rules?

Although most people have heard of “INS” and seen references to it on television, the INS was dissolved in 2003. All immigration matters are under the jurisdiction of the U.S. Citizenship and Immigration Service (USCIS.) The USCIS is an agency under the Department of Homeland Security.

Where to Get Help Becoming LPR or Obtaining a Green Card

If you have questions regarding obtaining a green card and becoming a lawful permanent resident, 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 getting green cards.

We focus our practice on immigration law, LPR status, and green cards; and, you can reach us at 513-793-6555 or Thomasjr@geygan.com. We will gently walk you through the immigration process, represent you in court, and aggressively fight for your legal rights. We look forward to hearing from you.