BestImmigrationLawyer.com

WHY DOES IT TAKE SO LONG TO GET A VISA FROM AN AMERICAN EMBASSY?

BestImmigrationLawyer.com — Sat, 09 Sep 2023 18:36:40 GMT

Obtaining a visa from a U.S. embassy or consulate can be a lengthy process due to several reasons:

1. High Demand: The United States is one of the most sought-after destinations for travel, work, study, and migration. The high demand means a large number of applications, which can lead to backlogs.

2. Security Concerns: Post 9/11, the U.S. visa process has become more stringent to ensure national security. Every visa application undergoes rigorous security checks to prevent potential threats from entering the country.

3. In-depth Adjudication Process: Each visa application is carefully reviewed. The reviewing officer ensures that the applicant meets all requirements for the visa category and will not become a public charge or violate visa conditions.

4. In-Person Interview Requirement: Most visa categories require an in-person interview. Given the large number of applications and the limited number of consular officers, there can be significant wait times just to get an interview appointment.

5. Documentation & Verification: The U.S. visa process requires multiple documents. In some cases, these documents need further verification, which can take time. For example, certain work visas may need labor certification or verification of job offers.

6. Limited Visa Numbers: Certain visa categories, like the H-1B (work visa) or family-sponsored immigrant visas, have annual caps or limits. Once these caps are reached, even if someone is eligible, they have to wait until the next year’s quota becomes available.

7. Administrative Processing: Sometimes, after the interview, an application might be put on hold for “administrative processing.” This is essentially an additional review which can be due to a variety of reasons, including further security checks, missing documents, or other concerns.

8. Local Factors: The facilities, resources, and staff of U.S. embassies and consulates vary from one country to another. In some countries with higher demand or fewer resources, the processing times can be longer.

9. Policy Changes: Immigration policies can change based on the political climate, national security concerns, or other factors. Any sudden change can lead to increased processing times as staff adapt to new procedures.

10. Special Cases: Certain countries or situations might be flagged for more intense scrutiny due to concerns about potential security risks, fraud, or other issues.

It’s important to note that while the visa process can be long and daunting, it is designed to ensure the safety and security of the U.S. while still facilitating legitimate travel, study, and migration. Always consult with immigration experts or check the U.S. embassy or consulate website for the most accurate and up-to-date information on visa processing times and requirements.

About Our Immigration Law Firm

At BestImmigrationLawyer.com, immigration is all that we do, and we do it well. No matter how simple or complex an immigration issue is, we can help. For this reason, we’ve been the law firm of choice for numerous individuals and companies seeking excellent immigration representation. Our legal team is adept at handling any issue and works hard to ensure our clients get the best possible legal representation. Call us today or get in touch through this website and let us help you.

A SHORT EXPLANATION OF BIRTHRIGHT CITIZENSHIP IN THE UNITED STATES

BestImmigrationLawyer.com — Sat, 12 Aug 2023 17:57:52 GMT

Birthright citizenship, often referred to as “jus soli” which means “right of the soil” in Latin, is a policy by which individuals are granted citizenship of a country simply by being born within its territorial boundaries, irrespective of the citizenship or immigration status of their parents. In the United States, birthright citizenship is a foundational principle enshrined in the 14th Amendment to the United States Constitution. It has played a pivotal role in shaping the nation’s demographics, sense of identity, and commitment to civil rights. To fully understand this concept, it’s vital to delve into its historical context, implications, and the ongoing debates surrounding it.

Historical Context

The 14th Amendment, ratified in 1868, states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This amendment was adopted in the aftermath of the American Civil War as a direct response to the infamous and shameful Dred Scott decision of 1857, in which the Supreme Court ruled that African Americans could not be considered U.S. citizens. The 14th Amendment thus served as a powerful repudiation of that ruling, ensuring that all individuals born in the U.S., especially the formerly enslaved, were granted the rights and privileges of citizenship.

Implications of Birthright Citizenship

The establishment of birthright citizenship was revolutionary in its implications. First, it set a clear and easily administrable standard for citizenship. Unlike many countries that base citizenship on blood ties or lineage, known as “jus sanguinis” (right of blood), the U.S. chose a geographical basis. This has led to a diverse and continuously evolving national identity, as individuals from various ethnic, cultural, and socioeconomic backgrounds became U.S. citizens simply by virtue of their birthplace. In other words, to be an “American” is defined by the United States Constitution based upon the location of one’s birth rather than an individual’s race, ethnicity, religion or any other factor.

Furthermore, it offered an egalitarian promise. Regardless of one’s ancestry or the circumstances of one’s parents, every individual born on American soil starts with the same legal status and rights. This has provided countless individuals with opportunities and protections that they might not have enjoyed elsewhere.

Contemporary Debates

However, the principle of birthright citizenship has not been without controversy. Over the years, as immigration patterns shifted and political landscapes evolved, there have been debates and calls for reform. One of the main criticisms revolves around the concept of “birth tourism” – when non-citizens visit the U.S. specifically to give birth, ensuring U.S. citizenship for their child. Critics argue that this might be an exploitation of the 14th Amendment’s intentions. Another concern is related to unauthorized immigrants. Some believe that granting citizenship to children of unauthorized immigrants creates an incentive for illegal immigration. They argue that the promise of citizenship for one’s offspring could serve as a lure, exacerbating immigration challenges. On the other hand, proponents of birthright citizenship argue that revoking or limiting this right could lead to a significant population of stateless individuals or create multi-generational cycles of unauthorized status. They also emphasize the principle’s role in promoting inclusivity and social cohesion.

Conclusion

The concept of birthright citizenship in the United States, anchored in the 14th Amendment, is a testament to the nation’s commitment to equality and civil rights. While the policy’s origins were rooted in addressing the injustices of the past, its implications have echoed through time, shaping the very fabric of American society. Like many policies, it’s not without its challenges and detractors. However, the ongoing debates surrounding birthright citizenship underline its significance in the broader conversation about American identity, values, and the nation’s vision for the future.

About Our Immigration Law Firm

At BestImmigrationLawyer.com, immigration is all that we do, and we do it well. No matter how simple or complex an immigration issue is, we can help. For this reason, we’ve been the law firm of choice for numerous individuals and companies seeking excellent immigration representation. Our legal team is adept at handling any issue and works hard to ensure our clients get the best possible legal representation. Call us today or get in touch through this website and let us help you.

IS IT EASY FOR CANADIANS TO LIVE AND WORK IN THE UNITED STATES?

BestImmigrationLawyer.com — Mon, 03 Jul 2023 12:21:30 GMT

At BestImmigrationLawyer.com, we often get inquiries from Canadian citizens wanting to know if they can get a visa that will allow them to live and work in the United States on a full-time basis. The answer to that question is “yes.”

The easiest way for Canadians to live and work in the United States is through the E-2 Treaty Investor visa. The E-2 visa is a non-immigrant visa that allows an individual from a treaty country (a country with which the U.S. maintains a treaty of commerce and navigation) to be admitted to the U.S. when they are investing a substantial amount of capital in a U.S. business.

Here’s what it takes to qualify for an E-2 visa:

1. The investor must be a national of a treaty country. Canada is a qualifying country.

2. The investment must be substantial and the investment funds or assets committed must be irrevocable. The investment must be sufficient to ensure the successful operation of the enterprise. While the government does not identify an exact amount that must be invested, $100,000 (US) or more will be sufficient.

3. The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. An organization that exists on paper only or which is speculative and/or an idle investment does not qualify.

4. The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity.

It’s important to understand that an E-2 visa does not directly lead to a green card or U.S. citizenship. Instead, it only allows temporary residency that can be renewed indefinitely, as long as the investment business is maintained.

Bear in mind, the laws and regulations about immigration can change, so it’s best to consult with a legal professional or check with the most recent updates from the U.S. Department of State or the U.S. Citizenship and Immigration Services (USCIS) to get the most accurate and current information.

At BestImmigrationLawyer.com, our firm has helped numerous people successfully navigate American immigration laws. If you’re looking for a good immigration attorney to help you or a loved one, give us a call today or contact us through this website and let us help secure your future.

A HISTORICAL OVERVIEW OF IMMIGRATION IN NEVADA

BestImmigrationLawyer.com — Sat, 17 Jun 2023 08:06:39 GMT

Nevada is a state that is well-known for its vibrant cities and remarkable landscapes. From the bright lights of Las Vegas to the beauty of Red Rock Canyon and the stunning greenery of Northern Nevada, this state has something for everyone. Nevada is also a state with a rich history of immigration that has strongly shaped its cultural, economic, and demographic profile. From the early influx of European explorers and miners to the more recent arrival of immigrants from Latin America and Asia, Nevada’s immigration story is a vital component of its identity. And its a story that continues to be written given the rapidly evolving nature of this state.

Nevada’s immigration history traces its roots back to the mid-19th century during the famous Comstock Lode silver strike of 1859, an episode in history which attracted droves of miners and prospectors from different parts of the United States and the world. The mining boom catalyzed the state’s early growth and set the stage for Nevada’s inclusion as a state in 1864. The mid-1800s era also an influx of European immigrants, predominantly from Ireland, England, and Germany, seeking to benefit from Nevada’s booming mining industry. During this same period, one of the most distinct group of settlers to Nevada were the Basque community that made a significant mark in Northern Nevada.

Notably, Chinese immigrants were also part of this mining-driven migration. Like many other groups, they were drawn by the prospects of the “Gold Mountain” as the Western United States was often referred to. By the late 19th century, Nevada had a significant Chinese population. Despite facing discrimination and exclusionary policies such as the Chinese Exclusion Act of 1882, these early Chinese immigrants contributed significantly to the state’s development through their labor in mines, railroads, and agriculture.

In the 20th century, Nevada’s immigration landscape changed considerably. The creation of the Hoover Dam in the 1930s was a pivotal moment, ushering in a new wave of immigrants, particularly from Mexico. The growth of Las Vegas in the mid-20th century as an entertainment and gaming hub also spurred increased migration. Post-World War II growth opened opportunities in construction, hospitality, and service industries, attracting immigrants from Latin America and other parts of the world.

In the later part of the 20th century, the 1986 Immigration Reform and Control Act, which granted amnesty to millions of unauthorized immigrants, had a noticeable impact in Nevada. A significant proportion of its beneficiaries resided in the state. This led to a further increase in Nevada’s Latino population, which today, is reflected in the state’s vibrant food, music and arts scenes.

Entering the 21st century, Nevada continued to be a major destination for immigrants, primarily from Mexico, but also increasingly from Asian countries such as the Philippines, India, and China. As of the 2020 census, approximately one-fifth of Nevada’s population was foreign-born, reflecting the state’s status as a significant immigrant hub.

These recent immigrants contribute extensively to Nevada’s economy and cultural dynamism. For instance, immigrants account for a large share of the workforce in crucial sectors such as tourism, entertainment, and hospitality – the lifeblood of Nevada’s economy. Furthermore, immigrants have also been influential in Nevada’s political sphere, particularly in urban areas like Las Vegas and Reno. The growing political clout of immigrant communities has led to their increasing representation in local and state-level politics, influencing immigration policies and other social issues.

Like many other states, however, Nevada has also faced its share of challenges related to immigration. These range from issues of undocumented immigration and integration of new immigrants to cultural tensions and socioeconomic disparities. Nonetheless, efforts have been undertaken at both the state and community levels to address these challenges and promote inclusive growth.

There is no debate, immigration has played a pivotal role in shaping Nevada’s diverse history, economy, and cultural fabric. From the early miners in the 19th century to the array of immigrants arriving today, these newcomers have continuously contributed to the state’s development. As Nevada continues to evolve, so too does its immigration narrative. It’s a story of ongoing change and adaptation that speaks to the state’s dynamic and inclusive spirit.

At BestImmigrationLawyer.com, we’re proud to represent thousands of diverse clients in Nevada and elsewhere. Our legal team, reflecting the ethnic diversity of our country, understands the complexities of the American immigration system. We know what it takes to win. If you or a loved one are in search of a great immigration law firm in Nevada, call us today. We’ve helped numerous clients in Nevada achieve the American dream. We can help you too.

CAN I WORK IN THE UNITED STATES AFTER APPLYING FOR ASYLUM?

BestImmigrationLawyer.com — Sat, 20 May 2023 03:20:44 GMT

This is a question we are often asked at BestImmigrationLawyer.com. That is, can a person can work in the United States after applying for asylum. The simple answer is, not immediately, but yes, an asylum seeker can work in the U.S., after meeting certain conditions set by the U.S. Citizenship and Immigration Services (USCIS).

Asylum is a form of protection granted to individuals who have arrived in the United States (U.S.) and who credibly fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Once an individual has applied for asylum, they must wait approximately 150-days after the USCIS receives their completed asylum application before they can apply for an Employment Authorization Document (EAD), also known as a “work permit.” If the asylum application remains pending after 180-days, counting from the 150-day mark, the applicant becomes eligible to receive a work permit while waiting for a decision on their asylum status. However, it should be noted, these waiting periods only apply if the asylum application is not acted upon (i.e. decided) by the USCIS. If, on the other hand, the application is granted, the individual becomes an asylee and is immediately authorized to work.

Many clients often ask, why is there a 150-day waiting period in the first place? The reason is because the government doesn’t want people coming to the United States for economic reasons instead of those reasons (i.e. race, religion, nationality, political opinion, or membership in a particular social group) that would normally support asylum. In other words, the waiting period is a way of discouraging economic migration. The processing time also allows USCIS sufficient time to properly investigate, assess and process asylum applications.

The process to apply for an EAD involves submitting a Form I-765 or “Application for Employment Authorization,” to USCIS. An EAD is typically granted for the same duration as the applicant’s immigration status and must be renewed periodically to continue working in the United States.

Applying for asylum is not an easy process. However, with the right lawyer, it can be made less stressful than it might otherwise be. It’s estimated that only around 28% of all asylum applications are granted. For this reason, it is very important to get the best immigration lawyer you can afford. The process for applying for asylum requires convincing an immigration judge that you have a credible basis to fear if you are forced to return to your home country. Just telling the judge you’re afraid is not enough. There has to be proof to show the government and the judge that what you’re alleging makes sense and is supported by credible facts. On this point, having a lawyer that understands the law is also not enough. An asylum seeker will also want a lawyer that can put together a compelling “case” in support of asylum by thoroughly investigating your situation and compiling information to show that your fears are legitimate. Sometimes, this might even require hiring an expert to testify on your behalf. It all comes down to what you can document to support your case for asylum.

At BestImmigrationLawyer.com, our legal team is highly-knowledgeable and experienced. We are well-equipped to represent your interests in any area of immigration law. With the latest technology at our disposal, we can represent you anywhere in the United States, including, of course, in Las Vegas, Los Angeles and Phoenix. Don’t hesitate, get in touch with us today. Let us help you navigate the immigration system and provide you outstanding legal representation. We know the law, we care about our clients and we know what it takes to win.

COMPARING THE BIDEN AND TRUMP ADMINISTRATIONS ON IMMIGRATION POLICY

BestImmigrationLawyer.com — Fri, 07 Apr 2023 19:10:36 GMT

Immigration policy has always been a critical and controversial issue in American politics. Not a day goes by when there isn’t some news story dealing with immigration issues. With the transition from the Trump administration to the Biden administration, there has been a significant shift in policies and priorities. In this post, the legal team at BestImmigrationLawyer.com highlights some of the most significant changes in immigration policy under President Biden compared to President Trump.

1. The “Zero Tolerance” Policy

The “Zero Tolerance” policy was one of the signature cornerstones of the Trump administration’s approach to immigration issues. This policy led to the separation of thousands of children from their parents at the United States/Mexico border. Under this controversial policy, persons who crossed the border without inspection or authorization were criminally prosecuted. This resulted in thousands of families being separated. However, upon assuming office, the Biden administration issued an executive order terminating President Trump’s Zero Tolerance policy and created a task force to start reunifying families that had been separated as a result of this policy. President Biden has since stated that he intends to focus on the root causes of migration from Central America and reforming the nation’s asylum process.

2. Deferred Action for Childhood Arrivals (DACA)

The DACA program, introduced under President Barack Obama, offered temporary protection from deportation and work permits to undocumented immigrants who arrived in the United States as children. The rationale underlying the program is that children brought into the United States should not be penalized for a choice they had no say in and to deport them to a country they had never returned to would be harsh and inhumane. President Trump attempted to terminate DACA in 2017 which resulted in years of litigation culminating in a Supreme Court decision keeping DACA in place. President Biden, on the other hand, has stated his strong support for the DACA program since he took office in 2021. He has issued an executive order directing the Department of Homeland Security (DHS) to take appropriate measures to preserve and fortify DACA. Additionally, the Biden administration has expressed a commitment to creating a pathway to citizenship for Dreamers through legislative reforms. However, whether that actually happens remains to be seen.

3. The Travel Ban

Upon assuming office, one of President Trump’s first actions in 2017 was to implement a travel ban, which targeted several predominantly Muslim countries. This ban was met with widespread protests and legal challenges, and it went through several revisions before being upheld by the Supreme Court in 2018. President Biden, on the other hand immediately revoked the travel ban on his first day in office. He described it as “stain on our national conscience.” The Biden administration has since worked on improving the visa application process for individuals from the affected countries and addressing the backlog of applications that accumulated during the travel ban.

4. Refugee Admissions

The Trump administration dramatically reduced the number of refugees allowed entry onto American soil, making it the lowest number is several decades. However, since coming into office, the Biden administration has taken a different approach by committing to increase the number of refugees admitted into the United States. Within his first few months in office, President Biden increased the annual refugee cap from 15,000 to 62,500 and declared a goal of admitting up to 125,000 refugees in the following years.

5. The Asylum System

President Trump enacted several policies to limit the number of asylum seekers attempting to enter the United States. One of those polices was the “Remain in Mexico” policy which required asylum seekers to wait in Mexico while their claims were processed. Another policy was the “Safe Third Country” agreements with Central American countries which required asylum seekers to apply for protection in a third country before reaching the United States. Since taking office, President Biden has ended the “Remain in Mexico” policy and suspended the “Safe Third Country” agreements. The Biden administration is now working to rebuild the asylum system by focusing on improving processing times, addressing backlogs, and providing more resources to adjudicate asylum claims efficiently and fairly.

Conclusion

There is no doubt that President Trump and Biden have taken very different approaches to immigration issues. Of course, these shifts in policies match their respective campaign promises and what they perceive to be the passions of their base. President Trump ran on a zero tolerance approach to immigration while President Biden promised a much different approach.

If you’re facing immigration issues, you need the best lawyer by your side. At BestImmigrationLawyer.com we have the experience and knowledge to help persons facing the most significant immigration issues. Get in touch with us today and let us help you if you’re facing an immigration issue and need legal help. Our team of lawyers and support staff have dealt with practically every type of immigration issue. We can help you.

THE 3 MOST COMMON REASONS FOR DEPORTATION

BestImmigrationLawyer.com — Fri, 31 Mar 2023 18:21:59 GMT

Deportation is the process of removing a foreign national from the United States due to violations of immigration laws. Although there are many different grounds for deportation, this blog discusses the three most common reasons which include the following:

1. Violation of immigration laws: This category includes a wide range of issues, such as entering the United States without proper documents, overstaying the authorized length of a visa or violating the terms of a person’s authorized status. For example, someone who enters the U.S. on a tourist visa but then starts working without first obtaining work authorization from the government could face deportation for violation of immigration laws.

2. Criminal convictions: Non-citizens, including legal permanent residents (“green card” holders), can be removed from the United States if they are convicted of certain crimes. The list of deportable offenses is quite extensive and includes both misdemeanors and felonies, such as crimes involving moral turpitude, drug offenses, firearms offenses, aggravated felonies, and domestic violence. The severity of the crime and the individual’s criminal history can affect the likelihood of deportation.

3. Fraud or misrepresentation: Providing false information or documents to obtain an immigration benefit, such as a visa, green card, or citizenship, can lead to deportation. One of the most common examples is marriage fraud. This is when an individual marries a U.S. citizen solely to gain immigration benefits, or submitting falsified documents during the application process.

It’s essential to note that the grounds for deportation and their specific consequences can be complex and often depend on individual circumstances. A good immigration attorney can provide guidance and legal advice based on a person’s specific situation. At BestImmigrationLawyer.com we have the experience and knowledge to help persons facing the most significant immigration issues. Get in touch with us today and let us help you if you’re facing an immigration issue and need legal help. Our team of lawyers and support staff have dealt with practically every type of immigration issue imaginable. We can help you too.

WHAT IS A U VISA?

BestImmigrationLawyer.com — Sun, 12 Feb 2023 04:52:45 GMT

A “U” visa is a nonimmigrant visa available to victims of certain crimes (e.g. rape, assault, attempted murder, armed robbery, kidnapping, involuntary servitude, domestic violence, stalking) who have suffered substantial mental or physical abuse. The crime (which must have occurred in the United States or in violation of U.S. laws) must be serious and generally violent in nature. Further, to be eligible for a U visa, a victim of a crime must be willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. The U visa was created by the United States Congress as part of the Victims of Trafficking and Violence Protection Act (VTVPA) in 2000 to encourage victims to report crimes without fear of deportation and to strengthen the ability of law enforcement agencies to investigate and prosecute certain criminal cases.

To be eligible for a U visa, an individual must:

1. Be a victim of a qualifying criminal activity that occurred in the United States or in violation of U.S. laws. 2. Have suffered substantial mental or physical abuse as a result of the crime. 3. Possess information about the criminal activity. 4. Be helpful, have been helpful, or be likely to be helpful to law enforcement or government officials in the investigation or prosecution of the crime. 5. Be admissible to the United States or obtain a waiver of inadmissibility.

The U visa provides several benefits to the recipients. Among such benefits is temporary legal status in the United States for up to four years, eligibility for work authorization, and the possibility of applying for permanent residency (green card) after three years of continuous presence in the U.S. The number of U visas granted each year is capped at 10,000. However, eligible family members of the principal applicant, such as spouses, children, and in some cases, parents and siblings, may also be eligible for derivative U visas.

Obtaining a U visa is neither an overnight or automatic process. In fact, it can take many years. The most recent statistics indicate that it can take the United States Citizenship and Immigration Services (USCIS) agency up to 4 years to process a U visa. However, the good news is that a U visa applicant can remain in the United States while the visa is being processed and obtain permission to work. Of course, during that period of time, the immigrant/applicant must fully cooperate with law enforcement.

One of the most significant benefits of obtaining a U visa is that it can lead to a green card which in turn can lead to United States citizenship. In order to be eligible for a green card following receipt of a U visa, an applicant must be (1) physically present in the United States for a continuous period of 3 years since the first date of admission as a U visa nonimmigrant, (2) must have fully cooperated with law enforcement, (3) is not otherwise inadmissible under immigration laws and (4) the applicant’s presence in the United States is justified on humanitarian grounds. If all these factors can be satisfied, a U visa holder can apply for and receive a green card or Lawful Permanent Status.

The process for obtaining a U visa is straightforward but at the same time complicated. There are a number of forms that must be completed, such as Form I-918B, which requires an accompanying certification from a law enforcement agency attesting to the applicant’s helpfulness in the investigation and/or prosecution of the crime. Because of the nature of the process, including having to work closely with law enforcement, it is important to have an attorney experienced in U visas to avoid any complications or issues.

At BestImmigrationLaywer.com, our team of professionals is well-versed in the U visa process and can help you obtain the benefits you and your family deserve. Call us today or get in touch through this website and let us help you get justice.

A SHORT HISTORY OF AMERICAN IMMIGRATION LAWS

BestImmigrationLawyer.com — Tue, 10 Jan 2023 05:14:26 GMT

Have you ever wondered about how the current American immigration system came into being? Today’s blog post is intended to give you a short history of American immigration laws. It’s fascinating to see how these policies have evolved over time. At BestImmigrationLawyer.com, we think you’ll find it quite interesting to learn about the history of our nation’s immigration system.

Let’s start with the early days. Back in the 18th and 19th centuries American immigration was pretty much a free-for-all. People from all over Europe were arriving in the United States seeking new opportunities and a better life. For the most part, there were no restrictions on who could come in to the country and immigration was seen as a way to boost the population and the workforce. However, as the country grew and changed, so did the attitudes towards immigration. The first major immigration law in the United States was the Chinese Exclusion Act of 1882 which was signed into law by President Chester A. Arthur. This act was pretty much what it sounds like—it prohibited Chinese laborers from immigrating to the US for ten years. Shamefully, this law came into being because there was a lot of anti-Chinese sentiment and prejudice during that time, fueled by fears of job competition and the belief that the Chinese were “unassimilable.” But the Chinese Exclusion Act was just the beginning.

In the early 20th century, the nation saw the introduction of a quota system with respect to immigration. The 1921 Emergency Quota Act and the 1924 Immigration Act put numerical limits on immigration and favored people from Western and Northern European countries. These laws were rooted in a desire to maintain the country’s ethnic and racial makeup, and they discriminated against people from Southern and Eastern Europe, as well as other parts of the world.

Fast forward to the mid-20th century and the “Bracero Program.” This was a series of laws and agreements between the United States and Mexico which allowed Mexican laborers to work in the US on a temporary basis. The program began in 1942 and lasted until approximately 1964. It played a significant role in shaping US-Mexican relations and the experiences of Mexican immigrants in the United States. This program came about due to a labor shortage in the agricultural industry of the United States brought about by World War II. The Bracero Program is estimated to have brought approximately 4 million person into the United States.

More big changes to the American immigration system came about in the 1960s. In 1965, the Immigration and Nationality Act was passed. Also known as the Hart-Celler Act, this law abolished the quota system and replaced it with a preference system based upon skills and family reunification. This was a significant milestone because the new law aimed to make the immigration process more equitable and less discriminatory. However, it also introduced some new challenges, like long waiting times and a backlog of applications for visas.

Throughout the 1980s and 1990s, there were several attempts to address the growing issue of undocumented immigration. One notable example is the 1986 Immigration Reform and Control Act (IRCA) which was signed into law by President Ronald Reagan. The law granted amnesty to millions of undocumented immigrants who had been living in the US since before 1982. It also aimed to strengthen border enforcement and penalize employers who knowingly hired undocumented workers. Despite these efforts, undocumented immigration continued to be a contentious issue. In the 1990s, the controversial Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was passed during the Presidency of Bill Clinton. This law increased penalties for immigration violations and expanded the grounds for deportation. It also made it more difficult for undocumented immigrants to gain legal status or access public benefits.

In the 21st century, immigration policies have continued to evolve. One of the most significant changes came in 2012, when President Barack Obama introduced the Deferred Action for Childhood Arrivals (DACA) program. This policy allowed certain young undocumented immigrants, who were brought to the US as children, to apply for temporary protection from deportation and work authorization. DACA has faced its share of challenges. The Administration of President Donald Trump attempting to end the program in 2017. That effort failed when the United States Supreme Court blocked an effort to dismantle DACA.

Throughout the course of American history, immigration has been an issue of major debate. The current times are no exception. There is not a day that goes by without some news involving immigration related issues. Given that the majority of people in the United States are either immigrants or descended from immigrants, there is no doubt immigration will remain an issue of significant discussion in the years to come.

If you’re an immigrant or someone that knows an immigrant, at BestImmigrationLawyer.com we have the experience and knowledge to help persons facing the most significant immigration issues. Get in touch with us today and let us help you if you’re facing an immigration issue and need legal help. Our team of lawyers and support staff have dealt with practically every type of immigration issue. We can also help you too.

HOW DO IMMIGRATION JUDGES GET SELECTED?

BestImmigrationLawyer.com — Wed, 28 Dec 2022 05:20:49 GMT

In the United States, immigration judges play a crucial role in the country’s immigration system, presiding over cases that determine the fate of millions of individuals seeking asylum, protection, and the right to stay in the country. Given the important role judges play in the immigration system, you might be wondering how immigration judges get selected. Immigration judges are appointed by the U.S. Department of Justice (DOJ) through a rigorous selection process that prioritizes legal expertise, impartiality, and ethical conduct.

The selection process for immigration judges involves several steps, including identification of a need for judges, solicitation of applications, evaluation and ranking of applicants, interviews, and final appointment. These steps ensure that only the most qualified and competent candidates are appointed to the immigration courts.

1. Identification of Need: The Executive Office for Immigration Review (EOIR), a sub-agency within the DOJ, oversees the country’s immigration courts. The EOIR identifies the need for new immigration judges based upon factors such as caseload, retirements, and changes in immigration policies or laws. Once a need is identified, the EOIR works with the DOJ to initiate the hiring process.

2. Solicitation of Applications: The DOJ publicly announces job vacancies for immigration judges on the official government job portal, USAJobs.gov. The announcement includes information about the qualifications, experience, and skills required for the position, as well as details about the application process.

3. Evaluation and Ranking of Applicants: The DOJ’s Office of Personnel Management (OPM) is responsible for evaluating the applications submitted by candidates. OPM screens the applications to ensure that candidates meet the minimum qualifications, such as U.S. citizenship, a law degree, and an active bar membership in any U.S. jurisdiction. The applications are then forwarded to a panel of experts, usually consisting of current or former immigration judges, DOJ attorneys, and representatives from the EOIR. The panel evaluates candidates based on factors such as legal expertise, experience in immigration law, judicial temperament, and management skills. They rank the candidates using a point system that considers their qualifications, experience, and skills. Highly ranked candidates are then shortlisted for interviews.

4. Interviews: Shortlisted candidates undergo a series of interviews with representatives from the EOIR and DOJ. These interviews aim to assess the candidates’ communication skills, decision-making abilities, and temperament. The interviewers may also explore the candidates’ knowledge of immigration law and their approach to handling complex legal issues. Candidates may be asked hypothetical questions about specific cases or asked to discuss their past experiences and how they would apply their knowledge to the role of an immigration judge.

5. Final Appointment: After the interviews, the panel presents its recommendations to the Attorney General, who has the final authority to appoint immigration judges. The Attorney General considers the panel’s recommendations and the candidates’ qualifications before making a selection decision. Once appointed, immigration judges undergo a thorough background investigation to ensure their suitability for the position.

6. Training and Onboarding: New immigration judges undergo a comprehensive training program conducted by the EOIR. The program includes both classroom instruction and practical exercises designed to familiarize judges with immigration law, court procedures, and judicial ethics. After completing the training, immigration judges are assigned to specific courts and begin their duties.

In conclusion, the selection process for immigration judges in the United States is a meticulous and multi-stage procedure that aims to ensure the appointment of highly qualified, competent, and impartial individuals to the bench. The process involves a combination of application screening, evaluation, interviews, and recommendations before a final appointment is made by the Attorney General. This rigorous system helps maintain the integrity and professionalism of the nation’s immigration courts.

If you’re facing serious issues in immigration court, contact BestImmigrationLawyer.com today. Our team of lawyers and professionals knows how to win in immigration court. And, our team is highly respected by immigration judges because of our experience and skills. We’ve helped thousands of immigrants deal with deportation and related issues. We can do the same for you.

CAN SMOKING MARIJUANA RESULT IN DEPORTATION?

BestImmigrationLawyer.com — Wed, 16 Nov 2022 04:28:12 GMT

CAN SMOKING MARIJUANA RESULT IN DEPORTATION?

This is a question that comes up often. The consumption of marijuana has become a controversial topic in the United States in recent years, particularly due to the ongoing process of legalization in several states. However, the situation becomes more complex when it comes to the rights and restrictions of non-U.S. citizens in the country. This blog will examine the question: Can I get deported from the United States for smoking marijuana? At BestImmigrationLawyer.com, it’s a question we get asked quite often.

Federal vs. State Laws

To answer this question, it’s essential to first understand the distinction between federal and state laws in the United States. While many states have decriminalized or legalized marijuana use to varying degrees, it remains a Schedule I controlled substance under federal law, as outlined in the Controlled Substances Act (CSA). As a result, marijuana use is still presently illegal at the federal level.

Immigration Law and Marijuana Use

Since immigration is a federal matter, the use of marijuana by non-U.S. citizens can have significant consequences on their immigration status. In 2019, the U.S. Citizenship and Immigration Services (USCIS) issued a policy alert, clarifying that the use of marijuana, even in states where it is legal, can constitute a violation of federal law and may lead to severe immigration consequences. These consequences can include denial of naturalization, denial of admission or re-entry, and even deportation.

Deportation Risks

Under the Immigration and Nationality Act (INA), non-U.S. citizens can be deported for various reasons, including engaging in criminal activity or violating the terms of their visa. While a single instance of marijuana usage will not likely result in deportation, it could lead to complications, particularly if an individual is arrested or convicted for marijuana-related offenses.

For example, a non-U.S. citizen can be deported for committing an aggravated felony, which includes drug trafficking. A drug trafficking conviction does not require proof of sale or distribution; possession of a certain amount of marijuana can be considered sufficient evidence of intent to distribute. This means that non-U.S. citizens found with large quantities of marijuana, even in states where it’s legal, could be at risk of deportation.

Additionally, any non-U.S. citizen who is convicted of a crime involving a controlled substance, including marijuana, can be deemed inadmissible to the United States. This can impact their ability to obtain or renew a visa, or to apply for lawful permanent residency (a green card). It’s crucial to note that even a misdemeanor marijuana possession conviction can result in such consequences. Furthermore, non-U.S. citizens who admit to using marijuana, regardless of whether they were convicted, can also be deemed inadmissible. This is because the immigration statutes consider any violation of controlled substance laws, including admitting to using marijuana, as grounds for inadmissibility.

Mitigating Factors

While the risks outlined above are genuine, it is important to recognize that each case is unique, and the outcome depends on the specific circumstances. Immigration officers and judges have some discretion in determining whether to pursue deportation or deny an application for immigration benefits. They can consider factors such as the severity of the offense, the individual’s ties to the United States, and the potential hardship that deportation would cause to the individual or their family. If you find yourself facing potential deportation over some type of drug charge, it’s extremely important to get the possible immigration lawyer to assist you. The law can be complicated and the consequences severe. Accordingly, having experienced representation can make the difference between deportation and remaining in the United States.

Get The Help You Need

In conclusion, the use of marijuana by non-U.S. citizens in the United States can lead to severe immigration consequences, including deportation. While state laws may permit marijuana use, immigration is a federal matter, and federal law still considers marijuana to be an illegal controlled substance. Non-U.S. citizens should be aware of these risks and make informed decisions about marijuana use. To mitigate the risk of deportation and other immigration consequences, non-U.S. citizens should consult with an experienced immigration attorney, particularly if they have been arrested or convicted for marijuana-related offenses.

At BestImmigrationLawyer.com we have the experience and knowledge to help persons facing the most significant immigration issues. Get in touch with us today and let us help you if you’re facing an immigration issue and need legal help. Our team of lawyers and support staff have dealt with practically every type of immigration issue. We can also help you. Call us today or get in touch through this website.

TEMPORARY PROTECTED STATUS EXTENDED TO ETHIOPIANS IN THE UNITED STATES

BestImmigrationLawyer.com — Thu, 27 Oct 2022 23:26:34 GMT

TEMPORARY PROTECTED STATUS EXTENDED TO ETHIOPIANS IN THE UNITED STATES

This month the United States Department of Homeland Security announced that it has designated the nation of Ethiopia for Temporary Protected Status (“TPS”). A country can be designated for TPS if the conditions in that country include armed conflict, environmental disaster or extraordinary conditions that otherwise make life dangerous in that country. What this means in practical terms is that persons from Ethiopia currently residing in the United States as of October 20, 2022 can remain here for 18-months without fear of overstaying a visa or being deported. That 18-month period can be extended if the TPS gets extended. The rationale behind TPS is that persons from nations that have been designated for TPS status cannot return home without being placed in danger and therefore they must be allowed to remain in the United States for a temporary period of time for their protection.

Currently, Ethiopia’s Tigray region has witnessed an ongoing civil war since 2020 that has brought tremendous suffering and danger to the region. In addition to this civil war, the

country is also experiencing food shortages, dangerous environmental conditions and other hardships that make life dangerous. In recognition of this, the Secretary of DHS, Alejandro Mayorkas, recently commented that “Ethiopian nationals currently residing in the U.S. who cannot safely return will be able to remain and work in the United States until conditions in their home country improve.” This news has been met with relief in the Ethiopian community and especially among those facing the prospect of overstaying a visa versus returning home to dangerous conditions.

This is the first time Ethiopia has been designated for TPS. In recent years, other countries such as Venezuela and Ukraine have received TPS designation. To be eligible to benefit from this program, Ethiopians must have continuously resided in the United States since October 20, 2022. Individuals who attempt to travel to the United States after that time period will not be eligible to qualify for TPS protection. In other words, TPS only helps those persons already in the United States at the time the designation is given. As noted earlier, the protection will only extend for 18-months.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At BestImmigrationLawyer.com is a premier immigration law firm with over 50 years of combined legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories, with specific offices in Las Vegas, Phoenix and Los Angeles.

EVERYTHING YOU NEED TO KNOW ABOUT THE “B” VISA

BestImmigrationLawyer.com — Tue, 06 Sep 2022 18:55:11 GMT

EVERYTHING YOU NEED TO KNOW ABOUT THE “B” VISA

A visa is a stamp in a person’s passport that allows him or her to travel to the United States for a specific purpose. The only way to enter the United State legally is either as an immigrant or a non-immigrant with a visa. There are two types of “B” visas: B-1 and B-2. A B-1 visa allows persons to come temporarily to the United States for business purposes. A B-2 allows travel to the United States for non-business purposes such as visiting relatives or engaging in tourism activities. The B visa is one of the most common types of visas a person can receive. Here is everything you need to know about the “B” Visas. In fact, millions of visitors travel to the United States each year on B-1/B-2 visas. A key point about B visas is that they only allow a person to remain temporarily in the United States.

WHAT ARE THE ELIGIBILITY REQUIREMENTS FOR THE B VISA?

In order to receive a B visa, you must meet the following requirements:

The purpose of your trip is either business or leisure related

You only plan to remain in the United States for a short period of time

You have a residence in another country that you plan to return to after your trip to the United States (i.e., no intent to abandon your permanent home)

You have sufficient money to cover your trip to the United States and will not need government assistance during your time here; and

You are not otherwise inadmissible for entry to the United States (e.g., you don’t have a serious criminal record)

“B” VISA most commonly used to travel to the US.

WHAT’S ALLOWED UNDER A B-1 VISA?

Under a B-1 visa, a person can travel to the United States to participate in activities of a professional or commercial nature such as the following:

Consulting with business associates
Negotiating contracts
Attending business meetings/conventions
Settling an estate
Participating in short-term training
Seek out investment opportunities
Interview and hire staff
Conduct short term activities as a minister of religion
Participate in an athletic tournament
Engage in artistic endeavors

This is a just a small list of activities. The key to this type of visa is that the purpose of coming to the United States is professional or commercial in nature and is only for a short term.

WHAT’S ALLOWED UNDER A B-2 VISA?

Under a B-2 visa, a person can travel to the United States for personal or tourist related reasons such as the following:

Visiting family or friends
Touring the United States
Attending a conference of a non-business nature
Obtaining medical care that the visa holder will pay for
Participating in short-term training
Seek out investment opportunities
Attend a wedding, including coming here to get married and then returning home

ARE THERE RESTRICTIONS ON THE B VISA?

Yes. A B visa holder cannot work or study in the United States. Additionally, the visa holder cannot remain in the United States for more than 6-months. If a person overstays the 6-month period, there can be serious consequences for doing so, such as facing a ban from traveling to the United States for several years.

There is the possibility of extending the 6-month period by seeking an extension. This is not always possible and will depend on certain factors. If you’re in the United States and coming upon the expiration of your B visa status, it’s very important to consult with a good immigration attorney in order to understand your options. Decisions you make today can seriously affect your immigration status in the future.

HOW CAN I APPLY FOR THE B VISA?

Applications for the B visa are handled by the United States Department of State through each American Embassy located overseas. The application process is fairly easy and straightforward. After paying a small fee, you’ll be required to appear for an interview at the Embassy and, if successful, you will receive a visa stamp in your passport allowing you entry into the United States. The time for an interview can vary depending upon the country from which you’re applying for a visa.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At BestImmigrationLawyer.com is a premier immigration law firm with over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories, with specific offices in Las Vegas, Phoenix and Los Angeles.

Introducing Patrick Lindemann, Esq. to the Best Immigration Lawyer Team

BestImmigrationLawyer.com — Mon, 08 Aug 2022 15:58:13 GMT

Welcome Patrick Lindemann, Esq. to the Best Immigration Lawyer Team

There are very few lawyers in the United States with Patrick Lindemann’s unique experience and accomplishments that practice immigration law. If you’re facing immigration issues and you need the best, you’ll want Patrick in your corner. An exceptional lawyer with deep experience and knowledge in the field of immigration law, Patrick is the first choice for client’s facing serious immigration issues. Based upon his professional background and work history, he has the respect of judges and government officials that deal with immigration matters.

Prior to joining BestImmigrationLawyer.com, Patrick spent over a decade with the United States Department of Homeland Security as a Trial Attorney handling nearly every type of immigration case. This unique experience has equipped Patrick to provide outstanding representation to clients dealing with the American immigration system. Whether you’re a business needing help with business immigration issues or you’re an individual facing deportation, Patrick can help. There are few lawyers with his level of expertise and knowledge regarding the immigration court process and system. Because of this, Patrick is often consulted by other lawyers who need help counseling their own clients about immigration matters. Whether your issue involves a bond hearing, a petition for asylum, adjustment of status, a DACA application or citizenship, Patrick and the BestImmigrationLawyer.com are here to help.

In addition to being a great lawyer, Patrick brings a sense of compassion to every case given his own background as the son of an immigrant. Born in France, Patrick’s mother emigrated to the United States after his father petitioned for her to come to America. This personal background makes Patrick sensitive to the needs and concerns of those facing the American immigration system. Immigration law is complex and the process can be stressful. The stakes are very high. For this reason, it’s extremely important to have a highly knowledgeable and competent attorney, such as Patrick, in your corner. Patrick and BestImmigrationLawyer.com pride themselves on providing honest, compassionate, and skilled representation to each client. For this reason, clients across the United States contact the firm everyday for help.

Patrick is a graduate of the University of North Dakota. He received both his undergraduate and law school education there. While at the University of North Dakota law school, he was a member of the prestigious Law Review. After completing law school, Patrick was admitted to practice law in Colorado. He joined the United States Air Force where he spent approximately 20 years as a lawyer handling interesting and important cases. After honorably serving his country in the Air Force, Patrick served as a tenured professor teaching students a variety of subjects, including immigration law. His professional and educational background makes Patrick uniquely qualified to offer a level of insight and representation to clients in immigration matters that are hard to match. If you want the best legal representation, call BestImmigrationLawyer.com today.

EducationJ.D., University of North Dakota B.A., University of North Dakota Jurisdictions Admitted to Practice All 50 States and Territories Professional & Bar Association MembershipsColorado State Bar American Immigration Lawyers Association

WHAT YOU NEED TO KNOW ABOUT IMMIGRATION COURT

BestImmigrationLawyer.com — Mon, 25 Jul 2022 23:31:38 GMT

What you need to know about immigration court?

If you’re not an American citizen, or even if you are, you may have found yourself facing the immigration court system at some point in your life, perhaps because you entered the country without documentation or overstayed your visa. There are many misconceptions surrounding the immigration court system, and this confusion makes it much more difficult to navigate through it successfully, no matter what your particular situation is. To ensure that you’re as prepared as possible to navigate through this confusing legal process, take a look at the information below to help you understand how immigration court works.

Who Should Attend?

Immigration court is a formal proceeding, and as such, there are specific rules about who should attend. In general, the person facing removal proceedings should attend, as well as their attorney or representative. Other people who may be allowed to attend include witnesses, character witnesses, and anyone else with helpful information. If you’re not sure whether you should attend, it’s best to err on the side of caution and show up.

Role of an Attorney

When it comes to immigration court, having an attorney by your side can make a world of difference. An attorney can help you navigate the complexities of the legal system, understand your rights, and give you the best chance at winning your case. A recent study found that when immigrants with attorneys went before judges for their final hearing, they were granted relief 84% of the time.

What To Expect During the Hearing

What you need to know about immigration court.

The immigration court process can be confusing and intimidating. This is especially true if you’re facing removal from the United States. Thankfully, there are a few things you can expect during your hearing that may help put your mind at ease.

First, you will be sworn in. This means that you will have to tell the truth during your testimony.

Next, the judge will ask you some questions. These questions will be about your case and why you think you should be allowed to stay in the United States.

After that, it will be the attorney’s turn to ask you questions. The attorney represents the government and is trying to prove that you should be removed from the United States. Your own attorney will be permitted to respond to any arguments made by the government attorney.

Finally, witnesses may be called to testify.

Afterwards, the immigration judge may decide your case on the spot or wait to decide later. In most cases, the judge will make a decision after hearing all the evidence and arguments.

How Long Does It Take?

The average immigration court case takes about 601 days to complete. However, this number can vary greatly depending on the court’s backlog, the type of case, and whether or not the individual has an attorney.

What Happens After I Arrive At Court?

After you arrive at court, you will check in with the court clerk. The clerk will then call your case and you will approach the front of the room. The Judge will ask you questions about your case and may also ask questions of any witnesses that are present. After hearing all of the evidence, the Judge will decide your case.

Can I Bring a Friend/Family Member with Me?

You are allowed to bring one support person with you to immigration court. This person can be a friend or family member. They will have to sit in the spectator section, however, and will not be able to participate in the proceedings.

Contact Us Today And Let BestImmigrationLawyer.com Help You

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

DACA hits 10 year anniversary sparking calls to pass the “Dream Act”

BestImmigrationLawyer.com — Sat, 25 Jun 2022 20:00:01 GMT

DACA HITS 10-YEAR ANNIVERSARY SPARKING RENEWED CALLS FOR PASSAGE OF THE “DREAM ACT”

The law known as Deferred Action for Childhood Arrivals, commonly referred to as “DACA,” was passed 10-years ago this month (June 15, 2012) during President Barack Obama’s Administration. DACA protects individuals who arrived in the United States as children and affords them legal protection from deportation, along with giving them the right to work. While the law was a significant step in the direction of providing protection to a large class of people living in the United States, immigration advocates have fought hard since the passage of DACA to provide recipients with a pathway toward permanent legal residence or citizenship. The proposal to allow DACA recipients a pathway toward citizenship is known as the “Dream Act” and DACA eligible recipients are often referred to as “Dreamers.”

DACA hits 10 year anniversary sparking calls to pass the “Dream Act”

On the 10^th anniversary since the passage of DACA, there is now renewed calls for passage of the Dream Act. Commenting on the need for passage of the law, United States Senator Alex Padilla of California stated “Dreamers put their health, that of their families, on the line for the rest of the nation during the pandemic. They deserve better than to live in uncertainty, or fear in change of status or possible deportation.” California is home to more immigrants and “Dreamers” than any other state.

During the administration of President Donald Trump there were challenges to DACA. However, the United States Supreme Court left the law intact and rejected those challenges. Many now fear that the Supreme Court, in light of the recent ruling striking down the Roe v. Wade decision, could change its position. For that reason, immigration advocates have renewed calls for passage of the Dream Act. Summarizing the view of many, Congressman Dan Newhouse of Washington commented “Congress can no longer continue to kick this can down the road, we have to have a permanent solution signed into law.”

More than 500 college presidents and leaders of major corporations have joined the chorus of advocates calling for passage of the Dream Act. Although the law has been introduced 11 times in Congress, with bi-partisan support from both Democrats and Republicans, it has yet to become law.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you with any immigration issue, including DACA. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

What’s The Difference Between A Green Card And A Visa?

BestImmigrationLawyer.com — Mon, 09 May 2022 21:00:55 GMT

What’s The Difference Between A Green Card And A Visa?

This a question that gets asked often and is based upon a certain amount of confusion. The starting point for alleviating the confusion and understanding the key differences between a green card and a visa is understanding that the entire American immigration system is based upon only two categories of persons: immigrants and non-immigrants.

What Is A Visa And Who Can Get One?

A visa, as the term is often used, generally means temporary permission issued to a non-immigrant allowing the person to enter and remain in the United States for a limited period of time with the expectation that the non-immigrant will return to his or her home country prior to the expiration of the visa. For example, students who come to the United States to study, businesspersons who come to transact business for a short period and tourists are all non-immigrants that receive visas. Visas are generally issued at United States Embassies overseas which are part of the United States Department of State.

What Is A Green Card And Who Can Get One?

On the other hand, a person who wants to live in the United States on a permanent basis is given an immigrant visa. Once a person has an immigrant visa, he or she can seek permanent residency in the US by getting a permanent residency card or “green card” issued by the Department of Homeland Security. The card derives its name from the fact that, historically, it’s been green in color. Hence, it came to be known informally as the “green card.” Once an individual is issued an immigrant visa, they can travel to the United States and then apply for a green card. The following persons can apply for a visa and green card at the same time:

People with immediate relatives who are US citizens living in the US
Most people applying for employment-based immigration
An abused spouse or child if the abuser is a US citizen
Special immigrant juveniles

There are two types of green cards:

A conditional resident card (conditional “green card”) lasts for two years and is for foreign investors or spouses of an American citizen who got married less than two years before you received permanent resident status or came to the U.S. on your immigrant visa. A person can’t renew a conditional green card — you have to prove, within 90 days of the card expiring, that you have met the conditions necessary to get a permanent resident card. If you don’t prove this before the card expires, you will no longer have lawful resident status in the United States.
A permanent resident card(permanent “green card”) lasts for 10 years. You’ll need to get a new card every 10 years and can submit the paperwork as early as six months before your green card expires. If you let your card expire, your status doesn’t change (so you’re still a permanent resident and won’t be sent home!) but you are breaking the law, because permanent residents are required to carry a valid green card at all times.

Understanding the difference between a visa and a green card requires understanding the difference in categories of persons divided between immigrants and non-immigrants.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories.

Can You Sue USCIS If Your Immigration Petition is Taking TOO LONG?

BestImmigrationLawyer.com — Thu, 07 Apr 2022 23:36:51 GMT

CAN YOU SUE USCIS IF YOUR IMMIGRATION PETITION IS TAKING TOO LONG?

The short answer is “yes.”

Can You Sue USCIS If Your Immigration Petition is Taking TOO LONG

One of the most frustrating aspects of dealing with the immigration system can be long delays. The uncertainty of not knowing what the future holds is stressful enough. Adding to that stress can be the long delays often encountered in dealing with a bureaucracy that moves at its own speed.

The good news is that there are legal remedies that can help provide relief. A person can file a Writ of Mandamus which is basically a request to have a federal judge order the government to act and carry out its duty. A number of immigrants and the advocacy groups that help them have increasingly turned to this mechanism to force the United States Citizenship and Immigration Service (USCIS) to act faster.

Anyone that has an immigration application pending for an unreasonable amount of time can file a federal lawsuit. The key is showing that the applicant has “standing” to sue, is suffering harm and the government is taking an unreasonably long time to carry out its duties to act. Many immigrants fear suing the USCIS believing they may anger government officials who, in turn, could retaliate by denying their application. While this is a very legitimate and understandable fear, BestImmigrationLawyer.com has found that generally this rarely happens. Why? Because government officials are rarely emotionally invested in rejecting an application. In the majority of cases, the delays are due to bureaucratic circumstances beyond the government official’s control. The vast majority of government workers are good people doing their best to do a difficult job with limited resources. They understand the stakes are high for most immigrants and that sometimes legal action is necessary to move things along.

Once you decide that a lawsuit is necessary, it is extremely important to have a lawyer that understands how to initiate the suit and properly set forth the facts in a manner that will bring success. At BestImmigrationLawyer.com we have a track record of success of getting the USCIS to act favorably for our clients. We know how to present the evidence and facts in a light that will impress a federal judge to appreciate the significance of what is at stake for our clients. In prior cases, we have achieved success by simply filing the lawsuit without having to do more because USCIS then immediately acted upon our client’s immigration petition.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

The P VISA and who it admits.

BestImmigrationLawyer.com — Sat, 19 Mar 2022 23:35:32 GMT

The P Visa Admits Athletes, Artists And Entertainers

The Immigration Act of 1990 added the “P” class of visa to the Immigration and Nationality Act (INA). The “P Visa” is a non-immigrant, limited duration visa that allows persons with high-profile international careers in sports and the arts or entertainment to compete or perform in the US.

Persons who wish to apply for a P Visa must meet certain qualifications to establish their level of international acclaim and, if approved, are then able to apply for the appropriate P Visa.

Persons traveling to the US on a P Visa may bring certain family members and other specified support personnel. The duration of a P Visa coincides with the activity or event that the P Visa holder has come to the US to participate in.

There Are Different Types of “P Visas”

There are 4 types of P Visas:

P-1 Visa – P-1 Visas are for athletes or entertainment groups.

P-1A – Internationally recognized athletes
P-1B – Internationally recognized entertainment groups

P-2 Visa – P-2 Visas are for performers who will perform in the US pursuant to a reciprocal exchange agreement between a US organization and an organization in another country.

P-3 Visa – P-3 Visas admit artists and entertainers who come to the US to participate in events where they share their unique culture so others can better understand and appreciate it.

P-4 Visa – P-4 Visas allow the non-immigrant spouse and children under 21 of P Visa holders to accompany them for the duration of their stay.

Qualifications Necessary to Obtain A “P Visa”

The P Visas allow people who have internationally recognized talents or something considered valuable to share to come to the US and participate in events that showcase their abilities. The qualifications for obtaining a P Visa are about demonstrating international celebrity and providing the appropriate credentials. US Customs and Immigration Services (USCIS) lists the detailed eligibility requirements for each type of P-Visa on its website.

Privileges Granted With A “P Visa”

P-1, P-2, and P-3 Visa holders are able to:

work for the sponsor of their visa until the event, show, performance is complete
travel in and out of the US
get extra time for vacation and to participate in promotional activities
apply for permanent residency
be accompanied by ‘essential support’ persons who receive the same visa status
bring their spouse and children under 21 with P-4 Visas
have spouses and children attend schools and colleges

Limitations Of A “P Visa”

P Visas are intended to grant temporary residence in the US and those who obtain P Visas must demonstrate that they intend to leave the US when their performance or event has ended.
Spouses and children are not allowed to work with a P-4 Visa and must apply for a separate work visa.
A new P-Visa must be issued when a P-Visa holder changes employer, sponsor or agent.
Initial periods of stay are no longer than 1 year except for P-1A individual athletes.

Length Of A “P Visa”

Most P-Visas, including those issued for support personnel, are issued for an initial period of up to 1 year or until the particular event, competition or performance is completed. Extensions of stay can be granted in increments of up to one year as necessary.

P-1A Visas for individual athletes are the only P-Visas that can be granted for an initial period of up to 5 years. They can be extended for one additional period of up to 5 years but the total stay is limited to 10 years.

Applying For A “P Visa”

To be an applicant for a P-Visa you must have a US employer, sponsor or agent. Your sponsor will file a Form I-529, Petition of Nonimmigrant Worker, on your behalf along with the appropriate fee and supporting documentation.

The documentation that must be provided with your application includes the following:

report from a labor organization describing the work you will perform and your qualifications (unless there is no labor organization)
employment contracts
description and itinerary of the events you will be participating in
additional documentation specific to the type of P-Visa you are applying for

If you need a P-Visa it’s best to get your application in as soon as possible. Processing times for a P-Visa can take between 3 to 6 months. Premium processing for an additional fee is supposed to get you an answer about your application within 15 days of submission – but that’s not guaranteed.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

Domestic Violence Is A Crime That Will Get You Deported

BestImmigrationLawyer.com — Sat, 05 Feb 2022 20:32:37 GMT

The Immigration and Nationality Act (INA) is set forth at Title 8 of the United States Code. Section 237 of that law contains the provisions governing the deportation of noncitizens. Committing certain crimes are grounds for automatic deportation and committing any crime may be found to be grounds for removal depending upon the particular circumstances. Crimes of domestic violence are specifically addressed by immigration laws. Any noncitizen who commits a crime of domestic violence is deportable. In addition to the provisions that address domestic violence, immigration laws include other domestic crimes that also result in deportation. If you’re a noncitizen and get convicted of a deportable domestic violence crime, it’s important to get legal assistance as quickly as possible to give yourself the best chance of successfully defending removal proceedings.

What Immigration Laws Say About Domestic Crimes

Under the INA, any noncitizen who is convicted after September 30, 1996, of any of the following domestic crimes may be deported.

domestic violence
stalking
child abuse
child neglect
child abandonment
violation of a protective order issued to prevent domestic violence

Domestic violence means a crime of violence committed against a person that:

has the use of physical force as an element
is a felony where there is a substantial risk that physical force may be used in the commission of the crime

In addition, there needs to be a domestic relationship between the noncitizen and the victim that is any of the following:

current or former spouse
share a child in common
have cohabitated like spouses – or similar relationship
have protected status under any applicable domestic or family violence laws

What Happens To Immigrants Convicted Of Domestic Violence?

When a noncitizen is convicted of a domestic violence crime, the local law enforcement agency may notify Immigration and Customs Enforcement (ICE) that the convicted person is an immigrant. ICE also has access to many law enforcement databases across the US and can mine those resources to identify noncitizens that may be deportable.

Often ICE is there to take custody of noncitizens as soon as they are released from the local law enforcement facility. ICE then detains the noncitizens and begins deportation proceedings.

Possible Defenses to Deportation After A Domestic Violence Conviction

There are some defenses to deportation that may be available if you’re facing removal after a domestic violence conviction whether you’re in the US legally or not. Each defense has specific qualifications that must be met to be eligible to claim the defense.

Many of the defenses are not available to immigrants who have committed aggravated felonies. Aggravated felonies are a category of crimes under immigration law that result in the harshest consequences and those who commit such offenses are rarely able to avoid deportation. A crime of violence is an aggravated felony if a noncitizen receives a sentence of 1 year or more.

Cancellation of Removal – Cancellation of removal may be available to legal permanent residents (LPR) who have been LPR for 5 years, continuously lived in the US for 7 years, and have no aggravated felony convictions. A domestic violence conviction makes this defense unavailable for those without legal resident status.

Asylum or Withholding of Removal – Asylum and withholding of removal are similar in that they both provide a way to remain in the US for persons who fear persecution if returned to their home country. Asylum is a more favorable status and is more easily obtained but is not available for those who have committed an aggravated felony. An aggravated felony is not an absolute bar to withholding of removal unless it carries a sentence of 5 or more years.

Convention Against Torture (CAT) – CAT relief is available to those who can demonstrate a substantial likelihood that they would be tortured if returned to their home country. A deferral of removal under CAT is available despite any kind of criminal conviction. A CAT deferral of removal has few privileges and ICE can detain CAT recipients who are considered a threat to public safety.

Voluntary Departure – Voluntary departure is not a way to stay in the US but is a way to avoid an order of removal and the limitations on returning to the US that go with it. However, voluntary departure is not available to those who have been convicted of an aggravated felony.

Given the limited options for staying in the US after a conviction for domestic violence, it is far better to get assistance from an immigration attorney when you are facing charges of domestic violence. Why? Because an attorney will know how the charges you’re facing will affect your immigration status and can work to see that you are not convicted of an offense that will subject you to deportation.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.