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

June 28, 2011 By

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.

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

How do I Get a Green Card?

May 16, 2011 By

How do I Get a Green Card?

You may 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 your green card is one way to become a permanent resident.

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

 

When you follow the links for each way to get a green card, you will find more detailed information about how to get a green card for each category.

Green card benefits

Green cards are small laminated cards with the permanent resident’s photograph and fingerprints.  They are very powerful because the benefits are significant.  The green card indicates that the holder is a “permanent resident,” having the right to live and work in the United States.   You also have the right to be protected under the laws of your state and locale of residence.  It 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 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.

Who makes these green card rules?

Although you’ve likely 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 getting a green card

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

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 green card process.  In addition we explain immigration issues such as how to get a green card, represent you in front of the Department of State as needed, and aggressively fight for your legal rights.

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

USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants

April 26, 2011 By

USCIS to Issue Employment Authorization and Advance Parole Card

Green CardUSCIS has announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.
The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.”

A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.
An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I- 485.
As with the current Advance Parole document, obtaining a combined Advance Parole and employment authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry.
The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.

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

Visa Revocation

April 26, 2011 By


Advance copy of DOS Final rule: Visa Revocation


Visas“This rule changes Department regulations to broaden the authority of a consular officer to revoke a visa at any time subsequent to issuance of the visa, in his or her discretion. These changes to the Department’s revocation regulations expand consular officer visa revocation authority to the full extent allowed by statute. Additionally, this rule change allows consular officers and designated officials within the Department to revoke a visa provisionally while considering a final visa revocation.” FR Doc. 2011-10077 Filed 04/26/2011 at 8:45 am; Publication Date: 04/27/2011.

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Filed Under: Employment Visas, Family Visas, Immigration

Why do I Need an Immigration Attorney?

March 9, 2011 By

Why do I Need an Immigration Attorney?

You need to know your immigration rights under the Immigration and Nationality Act.  An application for immigration benefits, before United States Citizenship and Immigration Service, requires the application of specific facts to the immigration law. Failure to follow the requirements of USCIS and the immigration and nationality act will lead to a denial of any and all benefits and possibly a referral to the immigration court. Immigration court (i.e. deportation hearing) is a full-fledged court room with a judge, prosecutors, evidence, and witnesses.  If you lose your case, the penalty is great:  banishment from the United States, separation from your family, and perhaps even death in your country of origin.  The seriousness of immigration issues is why Geygan and Geygan, Ltd. represent people like you and your loved ones.

The cost of failure

You need an immigration attorney because of the seriousness of the immigration process as mentioned immediately above:  If you lose your case, the penalty is great:  banishment from the United States, separation from your family, and perhaps even death in your country of origin. 

 Extensive misinformation

Websites for immigration consultants and for governmental agencies themselves are often plagued with misinformation or a lack of thorough information.

Governmental agencies are enforcement agencies.  They are trying to keep people like you and your family out of the United States, not help them get in.

Workers are not adequately trained in immigration law and its ongoing developments.

Your case is different from any other person’s case and workers do not have the ability to distinguish the facts necessary to help you.

Workers are not held liable for giving misinformation.  There is no incentive to help you or to provide accurate up to date information.

What an immigration lawyer does

The immigration lawyer, legally and ethically, represents your best interests throughout the immigration process.

Your lawyer will:

·         Offer you an initial consultation and case analysis

·         Explain your legal options

·         Keep all of your personal information private

·         Prepare your case

·         Take care of all of the paperwork so you don’t have to

·         Attend all meetings with you

·         Represent you in court

·         Explain to the government how you meet the immigration requirements

·         Represent you if problems arise and file any necessary appeals

Your right to an attorney

You have the right to be represented by an attorney in all immigration proceedings.  However, the government does not pay for your attorney.  In other words, while you have a right to an attorney, you must pay for attorney services. 

When you call Geygan and Geygan, Ltd., your initial consultation is free. 

Where to get help

At Geygan and Geygan, Ltd., we help people just like you every day.  We understand the legal system and will represent you throughout the immigration process and before the immigration court.  You can reach us at 513-793-6555 or Thomasjr@geygan.com

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 your immigration issues, represent you in immigration court, and aggressively fight for your legal rights.

 

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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, Treaty Investors, Waiver
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