visaroot's blog

In an effort to protect noncitizens from incompetent counsel, the U.S. Supreme Court held in favor of the immigrant Petitioner, in Padilla v. Kentucky. In a 7-2 decision, the Justices held that criminal defense lawyers must advise their noncitizen clients of the harsh immigration consequences that can result from accepting a guilty plea. Justice Stevens wrote that the right to competent counsel, enumerated by the Constitution, extended to the collateral consequences of plea bargaining. The decision in this case confirms one of the basic tenets of our criminal justice system, competent legal advice. Criminal defense attorneys who do not have even a basic understanding of U.S. immigration laws fail to provide their clients with comprehensive advice. Admitting or pleading to any charge in the criminal justice system can turn around and have devastating consequence on the defendant’s immigration status in the United States. Therefore, it is important that every attorney who works with the immigrants in our country understand that the criminal justice system does not exist in a bubble and to act accordingly.

For more information read the New York Times article.

On Monday, March 22, 2010, the U.S. Supreme Court decided to hear the arguments in Ruben Flores-Villar v. United States. At the crux of the argument is the disparate treatment given to children of U.S. citizen mothers as opposed to U.S. citizen fathers. Under the current law, children born abroad to a U.S. citizen mother have an easier time attaining U.S. citizenship as opposed to children born abroad to a U.S. citizen father. The U.S. Supreme Court will decide whether the U.S. immigration laws in this area create a gender bias. In the instant case, Ruben Flores-Villar was born in Tijuana, Mexico to a Mexican mother and a U.S. citizen father. Mr. Flores-Villar applied for U.S. citizenship in 2006 in an effort to fight off criminal charges resulting in a deportation order. Mr. Aguilar argued that his biological relationship to his U.S. citizen father granted him U.S. citizenship. The courts said that Mr. Flores’s father did not meet the requisite residency requirement needed under the law. The area of birth-right citizenship has always been a contested area of law. For example, under the current law any child born on U.S. soil is considered a U.S. citizen. Even if the child was born to undocumented parents and this has raised many issues in the ever present immigration debate. Hopefully this case will lead to clarification and uniformity in area of immigration law. The case will be heard before the Supreme Court in Spring, 2010.

For more information read the New York Times

At the Visa Lawyer Group, our attorneys always remain current on developing stories and their impact on immigration laws. We are an immigration law firm that provides legal assistance to clients around the world. Our immigration lawyers can be contacted to work on a variety of immigration related issues. For more information please ,schedule a free consultation, email us at info@visalawyergroup.com or call us at (845) 353-3500.

Due to the recent catastrophic disasters in Chile, the U.S. Citizenship and Immigration Services has implemented certain immigration benefits for eligible Chilean Nationals. Unlike the steps take for temporary protected status after the devastating earthquake in Haiti, no such protection has been created for Chilean Nationals.

The temporary relief measures currently available for Chilean nationals may include: (1) grant of change of status or extension of a nonimmigrant status even when the application is submitted after the applicant’s authorized stay has expired; (2) re-parole of individuals previously granted parole; (3) extensions of certain advance parole approvals and expedited processing of advance parole applications; (4) expedited and approval, if qualified, for off-campus employment authorization for F-1 students; (5) expedited processing of I-130 immigrant visa petitions for qualifying immediate relatives of U.S. citizens and lawful permanent residents; (6) expedited issuance of employment authorization; and (7) assistance to stranded green card holders without documents in conjunction with the Department of State.

It is important to note that these relief measures must be requested. At the Visa Lawyer Group, our attorneys always remain current on developing stories and their impact on immigration laws. We are an immigration law firm that provides legal assistance to clients around the world. Our immigration lawyers can be contacted to work on a variety of immigration related issues. For more information please ,schedule a free consultation, email us at info@visalawyergroup.com or call us at (845) 353-3500.

In any marriage based immigrant petition, the first step is always to file an I-130 immigrant visa. The I-130, also know as a marriage visa, is filed by the U.S. citizen spouse. At time of filing the Petitioner will need to prove to USCIS that he/she and the foreign national entered the marriage in good faith and not strictly of immigration purposes. Proof can be provided in the form of evidence of the relationship prior to the marriage. Time and place of the marriage is usually not an issue with a marriage based visa petition.

The second step in the green card process is usually either Adjustment of Status or Consular Processing. If the foreign national is in the United States, he/she has the option of either filing for an adjustment of status here in the United States or applying for an immigrant visa at a Consulate abroad via consular processing. If foreign national decides to file for Adjustment of Status, he/she would file an AOS Application along with the I-130 Marriage Petition. Once the petition is filed, the foreign national may have restrictions on travel outside the U.S. He/she will have to apply for Advance Parole, a form of travel permission, before any travel outside the United States can take place. If the foreign national leaves without permission, the application is deemed abandoned. The foreign national would apply for Advance Parole along with the Adjustment of Status Application. Once both, I-130 and I-485, applications are processed the Petitioner and Beneficiary will have to submit to a joint marriage interview before an immigration officer. When approved, the foreign national’s passport will be stamped and he/she will receive a physical card in the mail. It is very important that any application for advance parole is filed prior to the expiration of the foreign national’s current I-94. It is important to note that if the foreign national has incurred any unlawful presence in the United States then any travel outside the United States, even with an approved advance parole, is prohibited. If the foreign national leaves the U.S. then he/she may become subject to the 3 or 10 year bar. Please consult a qualified visa attorney before making any travel arrangements.

If the foreign national decides to apply for an immigrant visa at a U.S. Consulate abroad, then the Petitioner would file what is called a stand alone I-130 Marriage Visa Application. Once the petition is approved, the application will be sent to the National Visa Center (NVC) for processing. NVC will request documentation and once submitted will send the application to the U.S. Embassy having jurisdiction over the Beneficiary’s place of residence. The foreign national will have to submit to an interview at the Embassy. Once interviewed and approved, the foreign national’s passport will be stamped and he/she will have six months within which to move to America. The foreign national will enter the United States as a green card holder and receive a physical card in the mail. Unlike the requirement to obtain an advance parole for travel, a foreign national with just a stand alone I-130 pending has no restrictions on travel. For example, foreign nationals from Visa Waiver countries have traveled in and out of the United States while their I-130s have been pending. They do have to show non-immigrant intent via ties to the foreign country including children, work commitments and a return ticket.

Visa Lawyer Group is an immigration law firm that provides legal assistance to clients around the world. Our immigration lawyers can be contacted to work on a variety of immigration related issues. For more information please schedule a free consultation, email us at info@visalawyergroup.com or call us at (845) 353-3500. Our immigration and visa lawyers are based in New York with offices in Nyack and Manhattan. Learn more about Visa Lawyer Group.

U.S. CITIZENSHIP AND INTEGRATION GRANT PROGRAMS

In an effort to promote integration and help lawful permanent residents prepare for U.S. citizenship, the U.S. Citizenship and Immigration Services announced the availability of two different grants. The grant programs for the Fiscal Year 2010 will make nearly $7 million available for citizenship education across the United States. The money can only be used to provide direct citizenship services to legal permanent residents. Permissible programs under the program include (1) citizenship or civic focused English as a Second Language (ESL) instruction; (2) citizenship instruction; (3) providing educational resources such as textbooks, language software, computers, etc); and naturalization application assistance (including legal services).

Attaining U.S. citizenship is the ultimate goal of a foreign national looking to permanent settle in the United States. The naturalization process can be daunting and should be taken very seriously. Many important rights and privileges are attached to citizenship including the right to vote in local and federal elections, U.S. citizens receive priority placement in bringing certain family members (i.e.marriage based I-130 immigrant visas) to the United States permanently; ability to travel with a U.S. passport; and eligibility for federal jobs.