Immigration Law Article
The Immigration articles discuss the legal aspects of the immigration process. There are myriad concepts that are involved when it comes to obtaining a temporary visa, naturalization, or citizenship. In order to achieve the desired results, an assistance of an attorney is a necessity. Inna Fershteyn, a well-known lawyer, will help you choose and apply for a potential visa, fill out required documents for citizenship, or help you bring your family members to the United States.
Deportation and Removal Proceedings
Removal proceedings are the deportation of non-citizens who the government believes are not entitled to stay in the US, or to keep out individuals who do not have a right to enter the US . There are certain conditions which allow a person to avoid being deported.
Appeals of Immigration Decisions
If your application is refused, the Notice of Refusal will be provided to you, outlining the reasons for refusal. It will also state whether or not you have a right to appeal and time limit within which you must submit your appeal. In this case, you might need an assistance of an expert, we will help you construct a competent immigration appeal.
Political Asylum could be granted to individuals residing in the U.S. and who are unable or unwilling to return to their native country because of persecution or fear of it. We will help the client to win the case and be granted an asylum, which will allow the client to live and work in the United States.
Battered Spouse Petitions
If you've become a victim of domestic violence committed against you by your citizen/greencard holder spouse, you may qualify for permanent residency even if you are separated from your citizen/greencard holder spouse and he/she is not willing to cooperate to help you to exchange your temporary greencard for a permanent one. Our office will help the client to collect necessary evidence in order to prove that the client qualifies for battered spouse provision.
Green Card through Employer
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
Student Visas, Exchange Visas
Applying for student and exchange visas is a long process that requires myriad documentations and filling out of applications.
The family based petitions permit certain aliens to become U.S. permanent residents or U.S. citizens through family relations with U.S. green card holders or U.S. citizens. Our objective is to assist the client in avoiding filling mistakes and know what to expect at USCIS Service Center during the I-130 Form processing.
The Effect of the US’s Immigration Policy on Families in the US
With the political sphere currently filled with alarmist rhetoric, it is important to maintain a clear perspective of what America’s immigration policy is, and how it is affecting children with illegal immigrant parents.
The chances of ICE (Immigration and Customs Enforcement) and other law enforcement agencies pursuing children or primary caretakers who are in the United States illegally have historically been low due to limited resources and a shortage of personnel. Priority was instead placed on those in the US illegally with a criminal record, and the severity of the crime was usually taken into account. Deportations have however skyrocketed in several states since President Trump took office. The previous policy of prioritizing the deportation of criminal aliens is shifting in a different direction, influenced by the president’s 2018 budget proposal to increase funding for immigration enforcement. Many families illegally in the United States are concerned with President Trump’s immigration policies.
Are children of undocumented parents safe from deportation?
Children of undocumented immigrants who are lucky enough to have been born on American soil are granted “birthright citizenship”, stemming from the 14th Amendment to the US Constitution. Being a fundamental element of US law, this is unlikely to change anytime soon.
Schooling is another area of American life where undocumented children can enjoy the full advantages of a public K-12 education just as US citizens would. Free lunch and breakfast programs are open to those same children in financial need. This right was secured by a 1982 Supreme Court ruling (Plyler vs. Doe), which goes as far as to make school attendance a requirement for undocumented children. Public schools make a point of not requesting a student’s social security number or delving into the family’s legal status, instead opting to assign different numbers to all attending students.
Deferred Action for Childhood Arrivals, or “DACA” for short, permits children not born on US soil, but brought over illegally, to apply for a work permit and two years’ protection from deportation. Although DACA is not a road paved to permanent residency or citizenship for undocumented arrivals, it is an assurance that the authorities responsible for enforcing immigration law will exercise discretion when dealing with children who fall under the DACA requirements. It is important to note that the protective powers of this program only extend to family members who arrived on US soil prior to turning 16, and who were under 31 years of age as of June 15, 2012; these details are often lost on undocumented parents, and the resulting misconceptions could have drastic consequences. The program was initiated by former president Barack Obama in 2012 by way of executive order. As the program approaches its fifth anniversary, tensions are high, and the pressure is on President Donald Trump from all sides to either repeal or preserve. While DACA is still in effect, its future remains in the balance.
Is there a way to fight deportation to keep a family together?
Petitioning for parents is a ray of hope for thousands of families hoping to remain intact, but a difficult and demanding process nonetheless. Only children who are US citizens can petition and must be at least 21 years old to do so. Children must also demonstrate that they are capable of financially supporting the family members they are petitioning for. Parents who have exceeded a time frame of 20 years in the country illegally, waiting for their children to turn 21 or for other reasons, are classified as inadmissible and will be forced to remain outside of the US for ten years before having the opportunity to apply for a green card.
What happens to children whose undocumented parents are deported?
Even if their parents are deported, children with birthright citizenship can remain in the United States legally. In such cases, children are left with one of three options: to stay with a family member, to enter foster care, or to exit the country with their deported parents. Although the children’s parents may wish to leave them with a friend or family member, there is no guarantee that a judge will follow their wishes, and the children may end up in foster care regardless.
After a child’s parents are deported from the country, leaving the child with family or in foster care, it is nearly impossible to regain parental rights for that child. To avoid this disastrous scenario, parents should consider granting power of attorney to a trusted friend or family member. Such an action will not transfer custody of the child to the individual receiving the power of attorney. Custody can only be transferred to that individual through a court hearing. Having a plan will speed up court proceeding, preventing children from being torn away from trusted family and friends.
Most importantly, parents illegally in the country should consult an immigration lawyer and there are numerous organizations which will provide a bilingual attorney and pro bono help. Know your rights, have a precise plan, and with professional legal advice make existing laws work in your favor.
Preparation and Representation at the immigration Interview
Immigration interview is an important event in an individual's life, which determines if he/she will be granted permission to immigrate to another country. Our office will help the client prepare the necessary documents and represents the client at the immigration interview.