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The two-year marriage rule for widow(er)s of U.S. citizens was abolished, but widow(er)s must file an I-360 by October 28, 2011 if the marriage was less than two years old at the time of death, and the death occurred prior to October 28, 2009. If you or someone you know is in this situation, please contact us immediately.
Posted at 08:48 AM | Permalink | Comments (0) | TrackBack (0)
On September 13, 2011 Immigration and Customs Enforcement announced the arrest of Tommie Rand Pierce. He's a 68 year old Raleigh man who took money from people, falsified their immigration papers and submitted them to USCIS for immigration benefits. Link to the ICE Announcement. At this point there at least 265 aggrieved individuals who need help rectifying their choice of preparer (which really should only be a lawyer).
It's critical that all foreign nationals request to see their attorney's bar license and/or certificate prior to hiring them to do work. All states require attorneys to carry proof that their license is current and unexpired. Those who are caught up with paralegals, notarios and other people such as Mr. Pierce, must excuse themselves from these situations, search the American Immigration Lawyers Association website for the immigration lawyer search function and use that to find themselves a reputable attorney.
Posted at 07:28 AM | Permalink | Comments (1) | TrackBack (0)
In an operation named "Cross Check," Immigration and Customs Enforcement arrested over 2,900 convicted criminal aliens. These people are the focus of the Obama administration's removal policy and allocation of assets. The criminal alien class is supposed to have the largest amount of fiscal resources devoted to removing them.
It's critical that all people understand that just because a person is arrested by ICE doesn't mean their detention is mandatory and without bond. There are a great many exceptions and friends and family should retain counsel to review these cases. ICE agents are human and they do make mistakes and they do misread the law.
Additionally, there are a great many avenues of relief from removal regardless of whether detention is mandatory or not. Many people who have been lawfully admitted either as a non-immigrant or as a permanent resident can apply for waivers or cancellation of removal if they are eligible. As well and depending on the age of the crime, there are arguments that the old law under which the person was convicted was not a deportable statute. Finally, convictions that occurred prior to 1996 may be eligible for 212(c) relief. This form of relief as well as the 212(h) waiver can be used to obtain lawful status even for those convicted of aggravated felonies. ICE posted a list of those arrested and at least two of them may not even be deportable!
Please call us if you or a loved one has a situation listed above or a similar one.
Posted at 02:22 AM | Permalink | Comments (0) | TrackBack (0)
Yesterday the Department of State announced the 2013 Diversity Visa Program (DV-2013) will open at noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2011. The regristration period will close at noon, EDT, Saturday, November 5, 2011. All applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV) which can be found at www.dvlottery.state.gov. DOS indicates that paper entries will not be accepted. If you or someone you know has questions or needs assistance in registering, please contact the undersigned.
Posted at 11:19 PM | Permalink | Comments (0) | TrackBack (0)
A recent policy initiated by the Ohio Bureau of Motor Vehicles (BMV) has many asylees and attorneys concerned. When Asylees apply for a driver’s license BMV seizes all of their documents and holds them while confirming their asylee status.
Initially, we're curious as to what legal authority the Ohio BMV is operating when it seizes these documents. Second, and out of reasonableness, the asylees are without proper identification while Ohio.
The Ohio Chapter of the American Immigration Lawyers Association is currently engaged in dialogue with the BMV to ascertain what drove this shift in policy and the authority for it. If you know of a case such as this, please contact the undersigned as soon as possible so that we can include your (or your friends, coworkers, family member's) complaint.
