Other Immigration Cases for Individuals Archives - Ship Immigration

B1/B2 VISITOR VISA

Rose Hernandez — Wed, 22 Jul 2015 13:47:24 +0000

A B-1 visa is for temporary visitors who wish to engage in business activities, but not productive work, while in the U.S. A B-2 visa is for temporary visitors who wish to engage in personal activities, such as visiting family, shopping, and sightseeing. Citizens of certain countries are permitted to visit the U.S. without a visa through the Visa Waiver program. To enter on Visa Waiver, a visitor must first register on the ESTA site.

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F-1 STUDENT VISA

Rose Hernandez — Tue, 21 Jul 2015 18:27:51 +0000

The F-1 Visa category is an option for an academic student who will enroll as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. The F-1 student must be enrolled in a program or course of study that ends in a degree, diploma, or certificate and the school must be authorized by the U.S. government to accept international students.

F-1 students can work in the U.S. under certain circumstances. Foreign students may be able to work on campus, and off-campus options include:

➼ Curricular Practical Training (CPT)
➼ Optional Practical Training (OPT) (pre-completion or post-completion)
➼ Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT).

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DACA – DEFERRED ACTION FOR CHILDHOOD ARRIVALS – TEMPORARY RELIEF FOR DREAMERS

Rose Hernandez — Mon, 20 Jul 2015 18:29:11 +0000

Deferred Action for Childhood Arrivals (DACA) is an administrative program that protects certain young people from deportation and provides work authorization during the same time two-year period. An applicant needs to have been present in the U.S. since at least June 15, 2007 through the present, have entered this country before age 16, have been age 30 or younger on June 15, 2012, have been without lawful status on June 15, 2012, and be a high school graduate (or GED) or be currently in school, and have a basically clean criminal record (no felonies or DUIs for example). DACA enrollees should apply to extend their protection from deportation and work authorization up to 150 days before expiration. In addition, if a DACA enrollee has a work, school, or humanitarian need to travel abroad, it is essential to obtain a DACA travel permit before departing.

Because DACA is an administrative program, young people whose cases are successful do not benefit from a path to permanent status based on DACA. Many DACA enrollees are eligible for permanent residence through family, employment, or humanitarian routes, however. It is important to consult with an experienced immigration attorney to resolve any doubts. You could be applying for DACA and discover permanent residence is within reach.

The DREAM Act is a proposed bill that Congress has not yet enacted. It would establish many of the same benefits for roughly the same people as DACA. The DREAM Act would also provide a path to permanent status.

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DAPA – Deferred Action for Parents temporary

john — Sun, 19 Jul 2015 15:44:05 +0000

On November 20, 2014, President Obama announced an expansion of deferred action for people who were brought to the U.S. as children, known as DACA. He also announced a new program of deferred action and work authorization for the parents of U.S. citizens and permanent residents. Expanded DACA and DAPA have been delayed in the courts. However, when they finally start, many people who have lived in the U.S. for decades and have close family ties to this country will benefit. This program will be very similar to DACA, with the same discretionary, case-by-case decisions, the same filing fee and also providing for three years of work authorization and protection from deportation. The requirements are:

A) Parent: Have a son or daughter who is a U.S. citizen or lawful permanent resident as of November 20, 2014
B) Continuous Residence: Have continuously resided in the United States since before January 1, 2010
C) Undocumented: Have no lawful status as of November 20, 2014
D) Physical presence: Be physically present in the U.S. on November 20, 2014, and on the date of application
E) Not be an enforcement priority. Those criteria are explained more fully here. The basic idea is that anyone who has been convicted of a felony, a significant misdemeanor (including DUI, domestic violence, sexual abuse) or three or more other misdemeanors (except for traffic offenses), or anyone who poses a danger to the U.S. because of gang membership or terrorist ties, cannot be approved for DAPA.

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NATURALIZATION

Rose Hernandez — Sat, 18 Jul 2015 18:29:42 +0000

People who are already permanent residents can apply for U.S. citizenship through naturalization once they have been present in the U.S. as permanent residents for long enough and show good moral character. A permanent resident who lives with his or her U.S. citizen spouse can apply after only three years, and five years as a permanent resident is the required period of time for just about everyone else. The naturalization application asks for an astounding level of detail, including every traffic ticket, trip abroad, and family member. Good moral character is impacted by full disclosure of relevant information, payment of any taxes or child support owed, and of course any criminal record.

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Exedited Naturalization

Rose Hernandez — Fri, 17 Jul 2015 18:30:16 +0000

Normally, the spouse of a U.S. citizen must live in the U.S. as a permanent resident for at least three years before applying for naturalization. This can pose a major problem for families in which the U.S. citizen spouse is transferred abroad by their U.S. employer. If the family leaves the U.S. to pursue the opportunity to work abroad, the permanent resident spouse is prevented from accumulating the three years required for citizenship, and may even be considered to have abandoned permanent residence. The good news is that spouses of U.S. citizens employed by U.S. companies abroad can have the three-year waiting period waived.

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U.S. Passport Application or N-600 Application for Certificate of Citizenship

Rose Hernandez — Thu, 16 Jul 2015 18:31:10 +0000

We assist families to obtain evidence of U.S. citizenship for people who were born outside the U.S. but are now U.S. citizens. The citizenship can be based on automatic derivativation...read on

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U VISA

Rose Hernandez — Mon, 15 Jun 2015 18:32:35 +0000

U is a temporary immigration category for victims of certain crimes who have cooperated in the investigation or prosecution of the crime. Once a person whose U visa case is approved has been in U status for three years, they can apply for permanent residence.

If you were unfortunately the victim of a crime in the U.S. and wonder if this presents an opportunity to legalize, contact Saev Hernandez Immigration Practice for a comprehensive evaluation. The attorneys will examine the police report or other investigative records to help you determine whether the crime of which you were a victim is a qualifying crime. If it is a qualifying crime, the next step is to seek certification of helpfulness from the police department, prosecutor’s office, or other agency investigating the crime. Assuming the agency certifies helpfulness, now you can apply for U classification along with a waiver of any applicable grounds of inadmissibility.

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CRIMMIGRATION – ADVICE TO CRIMINAL DEFENDANTS AND CRIMINAL DEFENSE ATTORNEYS

Rose Hernandez — Mon, 15 Jun 2015 18:32:01 +0000

Some criminal convictions can result in negative immigration consequences for foreign nationals. The attorneys of Saev Hernandez Immigration Practice advise criminal defense attorneys and defendants regarding the immigration consequences of...read on

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