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Deportation

Recapping 2012 Deportation Statistics

January 11, 2013

Deportation Statistics

Author: Deportation Lawyer Alena Shautsova

As one year ends and the next year ushers in, we like to take stock and evaluate, which help provide an analysis for future planning. While the Obama administration again promises immigration reform, statistics indicate that deportation during for the period of the President’s term and in particular deportation statistics during 2012 reached an all time high.

U.S. Immigration and Customs Enforcement (ICE) announced that the fiscal year ending deportation statistics were as follows:
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USCIS

USCIS будет принимать звонки по субботам!

January 10, 2013

Операторы USCIS теперь будут принимать звонки по субботам.

К обычным часам работы с 800-800 по будням,  федеральное агенство добавило субботине часы с 9 00- 5 00.

Новое время должно помочь тем обращающимся, которые ранее не могли позвонить из-за занятости на работе.

USCIS номер по прежнему

1-800-375-5283.

USCIS

Provisional Waiver Will Be Available This Spring

January 2, 2013

Finally, the USCIS finalized provisional waiver rules.

Secretary of Homeland Security Janet Napolitano announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin.

According to the notice, the process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at www.uscis.gov

If you or your loved ones need help with the provisional waiver process, consult with  New York Immigration attorney at 917-885-2261.

Immigration To The USA

Haiti TPS Registration Period Extended

December 31, 2012

On October 1, 2012, the Secretary of Homeland Security (Secretary) extended the designation of Haiti for Temporary Protected Status (TPS) for a period of 18 months by notice in the Federal Register. The Department of Homeland Security (DHS) established a 60- day re-registration period from October 1, 2012 through November 30, 2012. Due to the effects of Hurricane Sandy on many Haiti TPS beneficiaries’ ability to timely file for re-registration, DHS is extending the re- registration period through January 29, 2013.

It is very important that you prepare a quality application, because even though you may have been granted the status in the past, the USCIS does not have to re-grant your status, and may deny your application if you fail to prove the continuous residency requirement. If your application is denied, you may appeal the USCIS decision and/ or file a motion to reopen to present missing/new evidence.

The form for the Haiti TPS status may be found here.

If you need help of experienced Immigration New York lawyer, call 917-885-2261.

Immigration To The USA

US Citizenship Application – May I Take the Naturalization Test in My Native Language?

December 30, 2012

There are Two parts to naturalization test or “the Citizenship through naturalization” test. To be except from Part 1 for the English Language Requirement, you must be over 50 years of age and possess a green card for at least 20 years, or be over 55 years of age and possess a green card for at least 15 years. This will exempt you from Part 1 only and will not exempt you from the Civics exam.

After becoming exempt from part 1 you may take your naturalization test in your native language, but you must bring an interpreter with you to your interview.

The government will also give you special consideration if you are 65 years of age older and had been a green card holder for at least 20 years.

If you have questions regarding citizenship test, contact a US Immigration attorney at 917-885-2261.

USCIS

A Holiday Gift Ffrom USCIS: Revised Detainer Guidelines

December 27, 2012

Citing Memorandum by USCIS of June, 2010, ICE announced new detainer guidelines against undocumented immigrants.

The new detainer guidelines are to be used in the nation’s criminal system at the federal, state, local, and tribal levels.

To wit, ICE officers should issue a detainer for an immigrant only where they have a reason to believe the individual is a subject to removal from the US, and one or more of the following conditions apply:

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Immigration To The USA

Can I Travel Outside The US With Advance Parole

December 18, 2012

A holder of the TPS status is allowed to apply for advance parole: a document authorizing the alien to travel abroad and return to the United States.

Section 212(d)(5) of the Immigration and Nationality Act (“INA”) grants the Attorney General authority to parole into the United States aliens seeking admission “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” 8 CFR § 212.5(f) authorizes USCIS to grant advance parole to aliens who will travel without a visa, by issuing “an appropriate document authorizing travel.”

The significance of the parole is that if a person entered without inspection, received a TPS or DACA status, traveled on parole and was in fact paroled back to the US, the person is no longer an EWI, and, can adjust status to one of the permanent resident.

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Immigration To The USA

I-601 Fraud Extreme Hardship Waiver: I am inadmissible, but someone still needs my help!

December 17, 2012

If you entered the country using someone else’s passport, you are inadmissible, and hence cannot receive permanent residency even if you are married to a US citizen. However, if your US citizen or a permanent resident spouse or parent needs your help, the I-601 extreme hardship waiver might be your only option.

The first question anyone should ask is what constitutes an extreme hardship in the eyes of the USCIS. The answer is not so simple. The immigration officer will look at all the details of your application before making a decision. Every answer counts, which means you need to eliminate the possibility of  a misinterpretation. The extreme hardship can be demonstrated through an extreme financial hardship, medical hardship, psychological hardship, etc.

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Immigration To The USA

I have married a US Citizen, now what? (citizen married to non citizen)

December 15, 2012

I’m sure we all know that by just marrying a US citizen you are not granted citizenship immediately right? Wrong, many people are unaware that paperwork has to be filed, and more importantly that after the paperwork is reviewed it can be stamped with that 6 letter word everyone fears the most, DENIED. Wondering what to do next after you have married a US Citizen? The first step is simple file for a green card; however, most immigrants overlook minor details, omit information, or just rush to hand in their application once they are legally hitched.

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