Visa Lawyer Blog

As some of you may know, immigrants who entered the country illegally without a visa or without inspection may not seek Green Cards (Permanent residency) from inside the United States. Even if they have a U.S. citizen spouse or parent to petition for them, it will be difficult unless the pending petition was filed before April 30,2001 (when the Section 245i law was still active). Instead, they must leave the United States to obtain an immigrant visa at a consulate abroad. But once they leave the country, they generally trigger a three-year or 10-year bar to re-entering the country.

This was the topic of my most recent radio interview, where I discussed the above referenced issue with two of my clients present in the studio with me. The wife, who was brought illegally to the the US at the age of 5, hoped to obtain permanent residence based on her marriage to a U.S. citizen, but has to return to her home country to apply for an immigrant visa because of her unlawful entry into the United States. We prepared the I-601 waiver application for her and established, among other factors, that her husband will suffer extreme hardship if his wife is not allowed to return. Her I-601 application will be reviewed in April and we will keep our readers and radio listeners posted.

Listen to the show here

Many of our marriage visa clients and prospective clients, often want to know what actually happens at the final Marriage adjustment of status Interview. I try to describe and explain as best as I can, and often wish I could actually record the interview, but of course we are not allowed. So I have decided to take one of my Law Clerks, Andrea with me to one of the interviews. At the conclusion of the interview, she wrote in detail the sequence of events:
The immigration office in Chula Vista opens at 7:00am. Even that early on a Thursday morning there is already a long line at the door. Since our client has an appointment, we are able to walk right in after first showing identification and passing through security. The office itself is bright and bustling with televisions showing the news and signs in different languages on the walls. There is an edge of nervousness in the air as people apply for or wait on the results of their visa and citizenship applications.

As we sit in the waiting area, the attorney prepares his client for her interview. She has applied for a green card based on her marriage to an American citizen. This interview will determine whether she is approved or denied. The attorney explains what the interview will be like and what types of questions the interviewer will ask. Most of the questions will be about the couple’s marriage and relationship. It is important for the interviewer to see that the marriage is based on a real relationship, and is not just a scheme to obtain citizenship. One last check to make sure all the documents are in order, and we are called to the interview room.

Our interviewer has a reputation for toughness. He is stern, direct and gets straight to the point. He asks for documents showing evidence of the couple’s shared life, in this case a bank statement from a joint account. He asks for photos of the couple’s wedding, one photo of the priest performing the ceremony and one group shot of the whole family. He staples the photos into his file with the rest of the documents. The interview itself has two parts. For the first part, the interviewer asks specific questions to both husband and wife. How did you two meet? Where did you go on your first date? When did you move in together? How did you propose to her? He asks the husband, “How do you plan to support your wife?” and looks over financial documents.

Continue reading

immigration Daily, published a great comment about Lou Dobbs’ recent episode with the ADL, he may be picking the wrong group to mess with…..

CNN’s Lou Dobbs latest racist behavior resulted in his calling

the Anti-Defamation League (ADL) “a joke” and labeling the Anti-

The government is not making it any easier for employers these days. Attorney General Michael B. Mukasey announced higher civil fines against employers who violate federal immigration laws. Under the new rule, which was approved by Attorney General Mukasey and Secretary Chertoff, civil fines will increase by as much as $5,000. The new rule will take effect on March 27, 2008, and will be published in the Federal Register early next week.

Under the Immigration and Nationality Act, employers who violate employment eligibility requirements are subject to civil monetary penalties. Employers may be fined under the Act for knowingly employing unauthorized aliens or for other violations, including failure to comply with the requirements relating to employment eligibility verification forms, wrongful discrimination against job applicants or employees on the basis of nationality or citizenship, and immigration-related document fraud. For each of these violations, the employer has the right to a hearing before an administrative law judge in the Executive Office for Immigration Review.

I suggest that all employers concerned with this rule, review all internal hiring practices, update all I-9 forms and verify, and most importantly set up an immigration policy in the work place.

For those of you that have been following my FBI name check updates and providing such a positive feedback. Thank you. Here is the recent update from our local office but this will apply anywhere in the country:

As members may know, all persons who apply for citizenship or LPR status are subjected to a fingerprint check as well as an FBI name check procedure. The fingerprint part of that process is normally resolved within 48 to 72 hours. The name check process, by contrast, can take anywhere from a few weeks to a few years to resolve.

In order to reduce the administrative burdens caused by the sharp increase in litigation caused by the old policy, USCIS has changed its policy for adjustment of status applications through a Memo from Associate Director Michael Yates on February 4, 2008. Where an adjustment of status application is otherwise approvable and the FBI name check request has been pending form more than 180 days, the adjustment application shall be approved. If adverse information is obtained after the case is approved, USCIS may move to rescind the adjustment approval and initiate removal proceedings.

We were the first ones to report the new policy and changes in background check procedures announced by USCIS on February 4, 2008. Read our post here. The response from the Blog readers has been very positive and supportive.

The most recent update is that Service Center Operations (SCOPS) liaison has confirmed that USCIS agencies are conducting “sweeps” to find adjustment of status cases that can be reviewed for adjudication under the changes discussed above.

AILA reports that, Pennsylvania District Court Holds FBI Name Check Delays in Naturalization Adjudications Are Unreasonable The U.S. District Court for the Eastern District of Pennsylvania finds for plaintiffs in a suit to end naturalization application adjudication delays due to FBI name checks. Also, it determines it is necessary to require USCIS to revise its regulations to address these delays. Read the case here Download file