What are My Rights in an Immigration Interview?

March 3, 2011 By Tom Jr.

What are My Rights in an Immigration Interview?

An immigration interview with an official from the U.S. Citizenship and Immigration Service is usually part of the immigration process. The immigration interview’s purpose is to determine whether your basis for immigration (such as your marriage, family reunification, asylum, or professional employment) is valid. You must show that your legal basis for immigration is “real” and not just for the purposes of immigration.

When you’ll need an immigration interview

You will likely be required to submit to an immigration interview if you are seeking permanent residency in the United States based upon:

· Professional job

· Marriage to a U.S. citizen

· Family reunification

· Political asylum or refugee status

Right to an attorney

You have a right to have an attorney present with you during your immigration interview. At Geygan and Geygan, Ltd., we help people just like you every day. We understand the immigration legal system and will represent you in your immigration interview. You can reach us at 513-793-6555 or Thomasjr@geygan.com.

Please note that you must answer the interview questions yourself. We cannot answer interview questions for you. The benefit of having an attorney present is that he can better represent you in any follow up matters and ensure the interview itself is proper.

Right to not sign

Sometimes during an immigration interview, the interviewer presents papers that state that your marriage or other basis for immigration is a fraud. Do NOT sign anything. You have a right not to sign any papers until reviewed by your attorney.

Immigration law

The Immigration and Nationality Act authorizes grounds for immigration.

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.

Immigration Interview Tips

· Have your attorney present

· Arrive early

· Dress professionally

· Do not comment to or about others present (you may be taped)

· Remain calm

· Answer the questions to the best of your ability

· If you do not know an answer, say you don’t know

· Never lie

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 in your immigration interview. 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 help people just like you. You can reach us at 513-793-6555 or Thomasjr@geygan.com. We will gently walk you through your immigration issues, represent you in your immigration interview, and aggressively fight for your legal rights.

Filed Under: Adoption, Citizenship, Employment, Employment Visas, Family based Immigration, Family Member, Family Visas, Green Card, Green Card, Green Card, Immigration, Investor Visas, Naturalization, Treaty Investors

What is a Green Card?

January 27, 2011 By Tom Jr.

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 permanent resident and has a legal right to live and work in the United States. It’s also called the “Alien Registration Receipt Card.” But with a name like that, it is easy to understand why the term “green card” is so widely used.

However, it may surprise you to know that green cards are now again green.. They were once green, hence the nick name, 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 “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.

Does the green card expire?

Absolutely not. The green card is permanent, although it must be renewed every 10 years (like a driver’s license needs to be renewed.) There are two limitations: First, your U.S. residence must remain your primary residence. Second, conviction of certain crimes will nullify your permanent residence status.

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 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 you are already in the U.S., you go through the process called “Adjustment of Status” to obtain your green card. If you are living outside the U.S., you go through a process called “Consular Processing” and you must apply at a U.S. embassy or consular outside the U.S.

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.

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 you can reach us at 513-793-6555 or Thomasjr@geygan.com. We will gently walk you through the process and aggressively fight for your legal rights.

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

Expansion of Global Entry to include Mexicans

December 28, 2010 By Tom Jr.

"This document announces that pursuant to a Joint Declaration between the U.S. Department of Homeland Security and the Secretariat of Governance of the United Mexican States, CBP is expanding eligibility for participation in the Global Entry pilot to include qualified nationals of Mexico who otherwise satisfy the requirements for participation in the Global Entry pilot." FR Doc. 2010-32832 Filed 12/28/2010 at 8:45 am; Publication Date: 12/29/2010.

Filed Under: Employment, Family based Immigration, Immigration, Investor Visas, Reform/New Laws

Bankruptcy Trustees: How to Keep them from Getting Verklempt

December 7, 2010 By Tom Jr.

Bankruptcy Trustees: How to Keep them from Getting Verklempt

by Russell A. DeMott, Charleston Bankruptcy Lawyer · Posted in *Bankruptcy Basics

Filing bankruptcy cases means–very soon after the case has been filed–dealing with bankruptcy trustees. I’ve practiced bankruptcy law for fifteen years now, and one thing I’ve learned about bankruptcy trustees is that they are all different. No two ask for exactly the same documents. And no two want things done exactly the same way. They all have their peeves and policies, and the challenge faced by bankruptcy attorneys is to know what each trustee demands in order to keep the cases flowing smoothly.

Emotionally distraught trustees remind me of the Mike Meyers character, Linda Richman. On Saturday Night Live Linda would discuss various issues and, if she got worked up, she’d announce that she was getting “verklempt.” In case you don’t know what this meant, I’ll clue you in. It meant Linda was experiencing angst–getting emotionally upset.

If at all possible, you don’t want a verklempt trustee on your hands. So here are some suggestions on how to avoid that.

If Your Trustee Wants It With Purple Glitter in the Upper Right Hand Corner–Give it to Her that Way

Okay. I’ll admit it, no trustee I’ve dealt with wanted documents to be provided with purple glitter. But you’re missing the point here. If your trustee wants certain documents or wants them a certain order, or wants them provided in a certain way, just do what’s asked! Each trustee has a paper blizzard to deal with. They get a lot of cases assigned to them. But they all must come up with systems to deal with their paper blizzard. Some want only last year’s tax return, some want two or three years’ returns. Some like documents via email (“so we don’t have to shred them after scanning them”) and others want them provided on paper (“I don’t want to pay to print all those documents”). Know your trustee, and provide what she requests the way she requests it.

If You’re a New Bankruptcy Lawyer, Go Meet Your Trustees

If you’ve just begun practicing bankruptcy law, or are new to your district, I suggest you meet your bankruptcy trustees. When you call for an appointment, they’ll likely be confused, but after the shock wears off, they’ll be impressed that you cared enough to find out how they wanted things done. You took the initiative to call them, to go see them, and to find out how to make their life a bit easier. They’ll appreciate that–especially if you follow up with their suggestions, and that will make a positive impression.

Don’t Quibble Over Things that Don’t Matter

I recently had a trustee question how I exempted a particular item of property under our South Carolina exemption statute, which is fairly new. There’s an issue about how to claim exemptions, and that issue hasn’t been resolved by our bankruptcy court yet. The trustee had a problem with the way I’d done something. It didn’t matter whether I did it my way or his way, so I just amended to do it his way. Why? Because it just doesn’t matter. Pick your fights with trustees carefully. Only fight over issues which are outcome-determinative for your client. Then, fight hard and do a thorough job. Trustees respect bankruptcy lawyers who care about their clients and who aren’t pushovers on substantive issues. But if it’s not substantive, get out your purple glitter.

Your Case Should be Like Butter

Or, as Linda Richman would say, “like buttah!”‘ Smooth. You want your cases to flow. Your clients will be happier, the trustee will be happier, and you won’t waste time fighting over things that just don’t matter. Give it up, Bubala!

And then there’s Rhode Island….

Rhode Island is neither a road, nor an island. Discuss!

DISCLAIMER: Nothing in this blog posts should be construed to suggest that any District of South Carolina bankruptcy trustee resembles Linda Richman or has, at any time, exhibited signs of being verklempt.

DEDICATION: This post is dedicated to Barbara Streisand.

Photo Credit: Padumbumpsh via Flickr

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About Russell A. DeMott, Charleston Bankruptcy Lawyer

Russell A. DeMott is a Charleston, South Carolina bankruptcy lawyer who represents consumer debtors in Chapter 7 and Chapter 13 bankruptcy. He is the author of the Charleston Bankruptcy Blog. He is also a member of the South Carolina Bankruptcy Blog.

I did not write this post (obviously) but liked it and it applies not only to Bankruptcy Trustees, but to Immigration Adjudication Officers as well. Do the best job you can, do not fight on issues that are not determinative, but when it is time to fight, do it zealously, within the law.

Filed Under: Adoption, Asylum, Bankruptcy, Chapter 13, Chapter 7, 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, Soap Box, Treaty Investors

Feds pull plug on EB-5 Regional Center in Cal.

October 29, 2010 By Tom Jr.

"The federal government has terminated Victorville’s foreign investor program, ending the city’s hopes to raise tens of millions of dollars for projects at Southern California Logistics Airport. It’s the first time U.S. Citizenship and Immigration Services has ever terminated an EB-5 program, agency spokeswoman Mariana Gitmore said by phone Tuesday. She said Victorville hadn’t been able to demonstrate that it meets the criteria to raise funds through the federal program, despite repeated requests for more information." Daily Press, Oct. 26, 2010.

Filed Under: Green Card, Immigration, Investor Visas