Question 1

DACA Including Renewals and Advance Parole

Accepted Answer

What is Deferred Action?
The DACA program provides temporary relief to immigrants brought to the U.S. while a child if they satisfy certain criteria. DACA is an executive remedy by which “childhood arrivals” can stay and work here legally without the fear of deportation.

What does Deferred Action Allow?
A grant of DACA gives someone who qualifies the ability to stay in the U.S. without fear of removal for a limited time, and during that time work legally. In qualifying situations a DACA recipient can also pursue advance approval to travel abroad and return.  DACA does not grant any type of permanent legal status but in some situations may make it easier for recipients to obtain that status through other qualifying means. 
Who Qualifyies for Deferred Action
In order to qualify under the program, an individual must have:
• Entered the U.S. prior to the age of 16
• Been under the age of 31 on 6/15/12
• Not been convicted of a felony, significant misdemeanor, 3 or more misdemeanors, or otherwise pose a threat to public safety
• Currently be in school, have graduated from high school, obtained a GED or have been honorably discharged from the U.S. armed forces
• Continuously resided in the U.S. since 6/15/07 until the present time
• Entered without inspection, or the applicant’s lawful immigration status must have expired as of June 15, 2012   What is Advance Parole and What Does it Do? DACA recipients who have a strong humanitarian need to travel outside of the U.S., such as to visit an elderly or ailing relative or attend a funeral, may file a form I-131 seeking permission to return to the U.S. after a specifically approved trip.  The government uses the term "Advance Parole" for this permission.  In situations involving a death or impending death this permission can sometimes be successfully obtained on an emergency basis.   Does DACA Lead to a Green Card? Getting approved DACA status does not put one in line for a Green Card.  However, entering the U.S. with approved advance parole does remove one roadblock that many would be Green Card holders face in attempting to obtain that status while remaining in the U.S.  The law only allows an individual whose last entry into the US was with permission and inspection to attempt to adjust status to green card holder while remaining in the U.S.  For DACA recipients who originally entered without authorization the removal of this roadblock may accordingly mean the difference between being able to remain in the U.S. to get a green card as compared to having to instead leave the US and go through embassy processing.

Question 2

Fiance Visas

Accepted Answer

Mike Keller Immigration Law has helped many individuals bring their loved ones to the U.S. as fiances from throughout the world.  The process is a complex one that begins with the filing of a fiance petition with USCIS, then moves onto an embassy interview and processing of the fiance, followed by the filing of an application for a green card after the fiance enters the U.S. and marries the U.S. Citizen within 90 days of entry, and culminates with a marriage interview at the local USCIS office.     Successfully completing this process results in the fiance getting a green card and also being put on a 3 year path to be able to apply for U.S. Citizenship provided they continue to be married to and living with their U.S. Citizen spouse for that period of time.   A significant requirement for filing a successful petition is that the U.S. Citizen and fiance have met in person during the two year period immediately prior to the filing.  USCIS will require actual proof of this meeting so if you are contemplating eventually filing for a fiance visa for a loved one make sure to take as many pictures as possible and save as much other evidence as possible whenever the two of you are able to be together to help prove your meeting and relationship.

Question 3

Family Based Green Cards and Immigrant Visas

Accepted Answer

Green Cards for Spouse, Children, Parents and Siblings   U.S. immigration law provides that U.S. citizens and lawful permanent residents can petition to have certain family members granted lawful permanent resident status, a status that allows one to legally travel and work in the United States, and also puts the individual on a pathway to citizenship.  Family-based immigrants are split into what have been labeled the “immediate relative” category, which is limited to certain relatives of U.S. citizens, and several “preference” categories. “Immediate relatives” are processed for immigrant visas much quicker.  In contrast, the length of time from petition filing to final immigration for those relatives falling within the preference categories depend upon which particular category the immigrant falls into and the immigrant’s ancestry. In certain categories, there is a waiting period of many years before immigration is possible.  Filing the sponsoring petition for such individuals establishes a priority date that then attaches to the relative upon which they can pursue immigration once that date becomes “current” for the category at issue, either through the passage of time or because of legislative or executive actions aimed at those already in line.   The categories are summarized as follows: • Immediate Relatives are the spouse, parent, or child (under 21) of a U.S. citizen • First Preference immigrants are made up of unmarried sons and daughters of citizens • Second Preference immigrants are the spouses, minor children, and unmarried sons and daughters (age 21 and over) of legal permanent residents • Third Preference immigrants are the married sons and daughters of U.S. citizens • Fourth Preference immigrants are the brothers and sisters of U.S. citizens   In most cases, a sponsoring relative must prove they can support the beneficiary by providing documentation that their income is 125% above the mandated poverty line for their family, including the beneficiary and all other sponsored family members. In addition, there are a number of factors in a visa applicant’s history that might cause him or her to be ineligible for a visa, including previous instances of: • Criminal activity anywhere in the world • Immigration fraud • Overstaying a visa or entering the U.S. without authorization in the past • Previous Deportation from the U.S.   Termed bars to admissibility, the law also lays out factors which an applicant may be able to have one or more bars waived if the applicant can otherwise show good moral character and/or extenuating circumstances.  In many instances, U.S. officials have discretion in the processing of visa requests.  As such, having an attorney represent you in the process can be invaluable.

Question 4

Form I-751 Applications to Lift Green Card Conditions

Accepted Answer

When an immigrant obtains a Green Card on the basis of a petition filed by a U.S. Citizen or Legal Permanent Resident spouse the Green Card will be issued as a Conditional 2-year Green Card if the marriage is less than two years old on the date that the Green Card is actually issued.  In such situations the Conditional Green Card holder is required to file an I-751 Application to Lift Conditions on Green Card during the 90 day period before the Green Card expires.  This application, which is almost exclusively focused on seeking additional evidence that the marriage is a real one, cannot be filed earlier than 90 days before the expiration date but also must be filed before the expiration date.  It is signed by both the applicant seeking the lifting of the Conditional status, which will result in a new 10 year green card, and by the U.S. Citizen or Legal Permanet Resident Spouse.   Sometimes life overturns the best of plans and couples separate and divorce before this filing occurs.  In such situations a waiver can be pursued allowing the applicant to proceed, even though the marriage has ended, by presenting solid evidence that although the marriage has ended, it was fully entered in good faith.   The act of timely filing of an I-751 results in an automatic two year extension of the 2-year Green Card while the application is pending.

Question 5

Green Card and Work Permit Renewals

Accepted Answer

Many individuals find it useful to involve an attorney in filing for a Green Card or Work Permit Renewal.  Among other things, when an attorney enters an appearance in such matters both the client, and the attorney, receive their own copies of all relevant notifications.  Involving an attorney experienced in this area also substantively increases the likelihood of a proper filing for those clients who have no such experience on their own.

Question 6

Naturalization: The Benefits

Accepted Answer

In contrast to U.S. citizens, lawful permanent residents cannot vote, make their home in a foreign country or remain outside the United States for extended periods of time. Residents are ineligible for a U.S. passport, and certain protections afforded to Americans abroad. Residents are ineligible for many government jobs and are eligible to petition for fewer types of family members for visas than can citizens. Residents can be deported for violating any of a wide variety of immigration and criminal laws.

Requirements for Naturalization
Before applying for Naturalization, a resident must be certain that all criteria are met, including residency, English and Civics knowledge, a lack of certain crimes in one’s past, and others.  The applicant must be over 18 years of age at the time of filing and must have been a “Green Card” holder for 4 years and 9 months on the date of filing.  If the applicant is living in a marital union with their U.S. citizen spouse, the applicant is eligible to file 2 years and 9 months after becoming a resident.

The applicant must also be able to read, write and speak English and possess knowledge and an understanding of U.S. history and government. Some applicants may qualify for an exception to the English requirement, civics requirement, or both depending on their age, physical and mental condition, and length of time in the U.S.    For example, applicants that are over 50 years of age and have resided in the U.S. as a lawful permanent resident for at least 20 years (or over 55 and a resident for 15 years) are exempt from the English requirement but must still undergo the civics test.  Applicants must also satisfy various other residency criteria.

Last, a naturalization applicant must prove they are a person of good moral character (GMC) in the five years prior to applying — or three if applying through marriage.

Immigration officers have significant discretion in deciding whether an applicant meets the GMC requirement.  Almost any criminal conviction during the three or five year period can result in a denial of a naturalization application, but officers can look beyond the statutory period in certain instances.  A review of criminal acts prior to the three or five year eligibility period for the purpose of determining whether the applicant has been reformed is typical, and the acts are considered within the context of the entire application.  If there are any arrests, criminal charges or convictions in one’s past, the case should be painstakingly reviewed by an attorney to ensure the offense is not one that would trigger removability.

For some, whether to Naturalize is a carefully considered step, while for others, the decision is simple.  If and after the decision has been made to pursue Naturalization, schedule a consultation with Mike Keller Immigration Law to review your eligibility and ensure compliance under U.S. immigration law.

SERVICES

ABOUT MIKE KELLER

CONTACT