Immigration

August 9, 2011

Immigration Consequences for Criminal Drug or Controlled Substance Violations

An allegation of a controlled substance offense against an alien can have severe immigration consequences. Depending on the circumstances, it can result in: ineligibility to enter or re enter the United States; ineligibility to obtain a green card; inability to become a naturalized United States citizen; deportation; mandatory detention. When such an allegation arises, it is important that the alien has an experienced criminal defense attorney that can work hand in hand with an experienced immigration lawyer.

Aliens, even those living in the United States as a lawful permanent resident, is considered to be applying for admission whenever returning from abroad to the United States. An alien that is applying for adjustment of status is also considered applying for admission. When applying for for admission, even the mere acknowledgment of criminal activity can deny the alien residency and permission to enter or re enter the United States.

For deportation, the Immigration Court looks as to whether the alien was convicted, and the nature of the offense. The criminal defense lawyer’s ability to reach a plea bargain that does not impact the alien, or which makes the alien eligible for a waiver, is often the only solution. If the alien was convicted, the criminal defense lawyer may attempt to set aside the conviction by reaching a resolution with the Prosecution, seeking relief from judgment from the criminal sentencing Court, or appealing the conviction. One recent avenue of relief is for the alien to challenge the conviction because he or she was not adequately informed with the immigration consequences of the plea. For these types of situations, you should hire a law firm that has experience and expertise in both criminal defense and immigration law, such as Hilf & Hilf, PLC.

August 1, 2011

Obtaining a Green Card for your Fiance

by Hilf & Hilf, PLC

A United States Citizen can help their alien fiance obtain lawful permanent residence in the United States. One way is to apply for a fiance visa if your fiance resides overseas and you wish to marry in the United States. If approved, your fiance can enter the United States for 90 days in order for the marriage to take place. Once the marriage occurs, your spouse is able to apply for permanent residence and remain in the United States while the matter is processed. An I-129F Form – Petition for Alien Fiance(e) – must be completed an submitted. Once approved, the matter is forwarded to the United States embassy or consulate located nearest to where the fiance lives.

Another method is to marry your fiance overseas. If this occurs a Form I-130 – Petition for Alien Relative – is submitted. In addition to this form, the United States citizen and his or her alien spouse must each complete Form G-325A which provides general biographical information. The purpose for these steps is to prevent marriage fraud.

The marriage certificate alone attached to your petition will not suffice. Other documentation are needed, such as photos, love letters, affidavits from relatives and friends attesting to the marriage, etc. For fiance petitions, it is recommended that you retain an experienced immigration lawyer, such as attorney Sufen Hilf.

July 29, 2011

Green Card versus Citizenship

by Hilf & Hilf, PLC

Citizenship is preferred to green card status, even though both grants an individual the right to live in the United States, and travel abroad with the ability to return. Citizenship bestows upon an individual rights that a green card holder cannot posses, such as the right to vote, to serve on a jury, and other rights that only citizens can possess. More importantly, citizenship provides an individual with peace of mind. A green card holder can lose his or her status if he or she resides outside of the United States for an extended period of time. Also, if the green card holder is convicted of, or admits to, certain crimes the green card can be taken away. Such a result often causes families great hardship. A alien who is naturalized cannot lose his or her citizenship unless the alien lied or committed fraud during the immigration process, or engage in some form of treason against the government.

In order for a green card holder to become a naturalized United States citizen there is a waiting period that must be complied with. Aliens that obtain a green card through marriage must wait 3 years in order to apply for naturalization. Aliens that otherwise obtain a green card must wait 5 years to apply for naturalization. It is important to note that not every green card holder is eligible for citizenship, and the alien should consult with an experienced immigration attorney, such as the attorneys at Hilf & Hilf, PLC, before beginning the process. Furthermore, if the alien wanting to become naturalized was previously convicted of a crime, it may be advisiable for him or her not to try to become naturalized. If the government learns of an alien’s criminal record during the naturalization process, it could lead to removal prooceedings that otherwise would have been avoided. Again, it is important to consult with an experienced immigration lawyer if there are criminal law issues that could impact the alien’s immigration status.

The alien must submit Form N-400 Application for Naturalization to begin the process. Once the application is processed the alien is scheduled for an interview.

July 27, 2011

EB-5 Investor Program – What You Need To Know

by Hilf & Hilf, PLC

The EB-5 immigrant investor program was created by Congress to encourage foreigners to invest money in the United States in order to create jobs for United States workers. The minimum investment for the foreigner is one million dollars of at risk capitol to create a minimum of 10 jobs for United States workers. In some instances – in rural areas, or areas with high unemployment – the amount of the investment only needs to be $500,000. The investment must: meet the minimum dollar amount in terms of the investment; the investment funds must be at risk; the investment must benefit the United States economy by providing goods and service to United States markers; it must create a minimum of 10 full time jobs for United States citizens, green card holders, or individuals authorized to work in the United States (not including the investor and his or her family); and the investor must be involved in the day to day management of the buisiness or directly manage it through a formulating business policy (for example, serving as a board member, etc.).

The Regional Center Pilot Program was created to allow private entities and government entities within the United States to establish Regional Centers that provide projects for a foreigner to invest in, which are intended to create at least 10 United States worker jobs for the investment amount, in order to allow the foreigner to qualify for permanent residence in the United States. A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. The aforementioned economic unit must receive regional center designation from the USCIS to operate as such.

It is highly recommended that if you wish to pursue permanent residence in the United States through the EB-5 immigrant investor program, that you hire an experienced immigration attorney, such as the attorneys at Hilf & Hilf, PLC, to represent you. The EB-5 process is extensive, complicated, and better left to an immigration law expert.

July 25, 2011

PERM – the Path to a Green Card via Employer Sponsored Labor Certification Through PERM

by Hilf & Hilf, PLC

There are three basic steps in the Green Card process through Employer Sponsorship:

1. Labor Certification through the PERM process – PERM (Program Electronic Review Management) is the process for obtaining labor certification. An employer must test the United States employment market in order to demonstrate that the employer could not find any minimally qualified United States workers willing to accept an open position that is offered at a wage equal to or greater than the prevailing wage for similarly employed workers. The United States employer must first request a prevailing wage determination from the State Workforce Agency having jurisdiction over the intended area of employment. On ETA form 9089 the employer is required to provide the following: the prevailing wage; the prevailing wage tracking number (if applicable); the SOC/O*NET (OES) code; the skill level; the wage source; the occupation title; their determination date; the expiration date; the proposed wage for the alien.

Generally, the employer must prove through recruitment methods such as newspaper ads that they were not successful in their attempts to recruit a qualified United States worker for the offered position. A job order and 2 print advertisements are required for all applications for professional occupations, except applications for university or college teachers seleceted in a competative selection and recruitment process.

July 24, 2011

Obtaining Asylum in the United States

by Hilf & Hilf, PLC

A person with a well founded fear of persecution if he or she returns to their country of origin may apply for Asylum before the USCIS. Also, a person who is in removal proceedings may apply before an Immigration Judge for: Asylum, Withholding of Removal (must prove by a more likely than not standard); OR seek protection under the Convention Against Torture (must prove that you might be tortured if returned to your home country).

In order to apply for Asylum, the applicant must demonstrate that they will be persecuted if they return to their country of origin based upon their (1) political opinions, (2) religious beliefs, (3) nationality, (4) race, OR (5) membership in a particular social group. Being a member of a particular social group means possessing a personal characteristic that is unchangeable, such as being: female; homosexual; having a birth defect, etc, and not something transitory and changeable such as a hairstyle, clothing preference, etc.

The persecutor has to be either the actual government of the country, OR a group that is active within the applicant’s home country that the government either cannot or will not control. Examples of this may be hardline religious groups seeking to impose certain beliefs, drug dealers that operate violently without police intervention, etc.

July 22, 2011

Increase In Deportations

by Hilf & Hilf, PLC

The United States deported 393,000 people according to an associated press article published on July 22, 2011. Of the persons deported, half were for criminal offenses including drunk driving. The number of drunk driving related deportations have doubled since the last year of the Bush administration in 2008. 13,028 were deported last year for less serious traffic law violations, which is triple the number of persons deported two years earlier for the same conduct. This contradicts claims made by the Obama administration that they were focusing on deportation for violent offenders, and not families or individuals “looking to scrape together an income”. Under Trump, this is likely to get much worse.

The majority of the deportations last year (45,003) were for immigrants that committed drug related offenses. Drunk driving was the third leading cause of deportations last year. This number does not reflect immigrants that are currently incarcerated in jail or prison that will eventually be deported for criminal offenses.

Some of the persons considered as criminals were stopped for traffic offenses that usually only result in a ticket. The lack of a drivers license (which is a misdemeanor in Michigan), results in the police officer sometimes pursuing questions related to immigration status. These traffic offense related deportations account for 7 percent of the total criminal deportations last year. Drug offenses comprised 23 percent, and drunk driving comprised 14 percent of the criminal deportations last year.

July 21, 2011

Deportation Info

by Hilf & Hilf, PLC

There are several reasons why a alien may face the possibility of deportation:

1. Aggravated felony – there are serious felony offenses, defined by immigration law, that make the alien subject to deportation.

2. Crimes Involving Moral Turpitude – there are statutorily designated offenses that subject a noncitizen to removal or deportation. It is defined by the Board of Immigration Appeals as conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed between persons or to society in general. Examples of crimes of moral turpitude include assault, domestic violence, drug possession and selling offenses, rape, child abuse, fraud, etc.

July 19, 2011

Marriage Based Immigration Interviews

by Hilf & Hilf, PLC

You should hire an experienced immigration attorney to help you through the marriage based immigration green card interview, if you are not already represented by competent legal counsel. Why?

1. Legal paperwork – your attorney will help ensure that your paperwork is completed and submitted in a proper manner.

2. Determination if the marriage is real – the hearing officer will ask questions to try to determine if the marriage is real. Some sample questions include:

July 15, 2011

Preparing for an Immigration Interview

by Hilf & Hilf, PLC

Immigration interviews are stressful, because the decision of the officer conducting the interview can have huge consequences on families and individuals. It is important to remember that one of the issues that the officer looks for is fraud, therefore inconsistencies – even small inconsistencies – can negatively affect your case. Hearing officers are different, and the interview experience is often dictated by who is interviewing you. Here are some general suggestions to help you through the process.

FIRST – Make sure that you hire an experienced immigration attorney to represent you. Don’t take chances on decisions that can effect you, your family, and your employment. The attorney can advise you of risks involved in the process, and develop a strategy to improve your chances of success. The attorney can advise you as to the hearing officer, and questions that they may ask.

SECOND – Be prepared. Know what the paperwork in you file says. Make sure you memorize all the facts of your case.