Attorneys Daniel Hilf and Sufen Hilf, of the law firm of Hilf & Hilf, PLC recently were selected for their legal expertise to appear on CW50’s Street Beat program concerning immigration law. Their segment is scheduled for broadcast on Sunday June 2, 2013 at 12:30 a.m.. Repeats of this program will be available to be viewed online after June 2, 2013 at http://cwdetroit.cbslocal.com/show/street-beat/.
A person inside the United States can obtain asylum for himself or herself (and derivatively for the asylum applicant’s spouse and/or unmarried children under 21 years old) if he or she can demonstrate that he or she has suffered past persecution or has a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Persecution in some circumstances may include, but is not limited to, physical abuse, mental abuse, interference with a person’s privacy, being forced to live in substandard dwellings, exclusions from work or educational institutions, constant surveillance, forced family planning, mutilation, etc. Whether or not a individual was or might be persecuted, or has a well founded fear of persecution, is a matter of interpretation. Persecution must amount to more than mere harassment or annoyance. Persecution can be either by the government or a group that the government cannot or will not control. If the applicant can establish past persecution, there is a presumption of future persecution. If past persecution is established there is a presumption of persecution and the burden shifts to the government to rebut that presumption. It is up to the applicant to prove a nexus (meaning that there is a relationship) between the past or feared persecution and its connection to the race, religion, nationality, membership in a particular social group, or political opinion of the applicant.
The most serious of all immigration violations is a False Claim of United States Citizenship. This acts as a permanent bar for any form of immigration relief. This fraud or willful misrepresentation, which involves making a false claim of United States citizenship for any purpose or benefit under United States immigration laws or others laws, renders the alien inadmissible pursuant to the Immigration and Nationality Act section 212(a)(6)(C)(ii). If substantiated, the alien in most cases is not able to obtain: admission into the United States; a visa to come to the United States or remain in the United States; or permanent residence. The only possible waiver available is for situations where the alleged False Claim of United States Citizenship occurred on or before September 30, 1996.
There are hundreds of EB-5 Regional Centers approved by the USCIS, however the approval is not an endorsement that the investment itself is sound or that participation will lead to an I-526 and I-829 approval. It is wise for the investor to remember that the lawyer that he or she employs cannot give investment advice, and that it is prudent to consult with both a financial adviser as well as an experienced immigration lawyer before making any decisions as to investing in a particular EB-5 Regional Center. The following are a list of questions that are important to contemplate before trusting you money and future with an EB-5 Regional Center:
In Michigan, pursuant to Michigan Compiled Law 791.234b, a prisoner who has a final order of deportation against him or her by the United States Immigration and Naturalization Service may be paroled after serving at least 1/2 of the minimum sentence imposed by the Court. Persons who have been convicted of first degree homicide, second degree homicide, first degree criminal sexual conduct, second degree criminal sexual conduct, third degree criminal sexual conduct, and/or as a habitual offender are not eligible for this relief.
Absent the alien’s receipt of such an award, the regulation outlines ten criteria, at least three of which must be satisfied for an alien to establish the sustained acclaim necessary to qualify as an alien of extraordinary ability. The ten criteria are as follows:
1. Evidence of receipt of a lesser nationally or internationally recognized prize or award for excellence in the field of endeavor;
Do not lie to a federal officer. An ICE officer is a federal officer. Lying to a federal officer could constitute criminal obstruction of justice which could be considered an aggravated felony. A criminal conviction (such as an aggravated felony) is a potential ground for removal from the United States. The ICE officer has access to databases and other information to potentially determine your identity and your status, or lack of status, in the United States. A false claim of citizenship is one of the most serious offenses in the eyes of immigration, and will lead to deportation with no waiver available at all. You are better off saying nothing than telling a lie.
Keep important documentation with you (preferably not your passport). If you have a work permit or any other document from immigration authorities, always keep it with you in case you are stopped by ICE. If asked for your work permit, present it to the officer. If you have any documentation for a local address, keep it with you. If you obtained a green card, make sure you have it handy or else you could be subject to a $500 penalty along with the hassle of ICE trying to confirm your identity. Proof of residency, such as a state ID, may be critical if a bond determination is made by an Immigration Court.
Participation in the DREAM Act means that individuals brought to the United States as children as “illegal aliens” who meet certain requirements will not be deported or placed into removal proceedings. Moreover, the ability to work legally in the United States also will become a reality under this new plan for those who can demonstrate an economic necessity for employment. The plan (which is also referred to as Deferred Action or DREAMERS) along with Employment Authorization must be renewed every 2 years. As things currently stand, Deferred Action does not provide a path to a green card, citizenship, or amnesty.