Frequently Asked Questions
29
JUL
2019
Marriage to a US citizen does not change or eliminate a problem with a past or current immigration issue. It does, however, provide the possibility of being able to qualify for some type of waiver needed to correct the prior problem. It most cases, the deportation order must be followed before the person would be able to move forward with any possible process. This means that the person would need to go through the deportation process first.
Yes! Under current immigration law and depending on what process, it is possible to have multiple cases going at the same time. Having a child to be able to sponsor a parent for immigration is always quicker and better than a brother or sister. In most cases, a sponsorship from a sibling takes 20 years or more before someone is able to move forward. With a US citizen child, the process is able to move forward immediately.
This can be a problem depending on whether someone is able to move forward with an immigration process and depending on what that process is. Whether the immigrant used the name of a real person is an extremely important question. Also whether the person claimed to be a US citizen is very serious. A person with this sort of question should contact an immigration attorney as soon as possible because the consequences can be extremely serious.
26
FEB
2019
It is possible to have your stepchild sponsor you but you need to have a close relationship and you have to have been married with the parent before the sponsoring child’s 18th birthday.
That is a difficult question because I am not a tax lawyer and my personal recommendation to persons with tax problems is to speak to an expert. Speaking with knowledge on the immigration process I recommend they use the method from last year’s income taxes (ITIN) because it can take 6-8 months for the immigration approval and you shouldn’t wait to file your taxes. The next year after you get approved you can use your new social security number.
22
DEC
2017
Under the current US immigration law, US citizens can sponsor siblings, their children, and their parents after they reach the age of 21. Depending on the history of the family member, however, there may be additional requirements that must be met in order to get the actual green card approval.
Generally speaking the answer is yes, but it will not be done without difficulty. It is possible for someone to apply for residency, but the exact immigration history of the person will determine if a waiver is available for the prior unauthorized entries. It is always my recommendation to obtain a complete immigration file for the individual with this sort of history to know what exactly can be done to overcome this problem.
Being detained or arrested by ICE is always a very scary experience for individuals no matter the circumstances, but it is much worse when their kids are involved in the situation. Usually ICE will perform an arrest when the immigrant is at home, but sometimes when they are driving or in a public place. If the immigrant is with another adult and children, the adult will be responsible for the children. If it happens when only one parent is with the children, they will ask that you call a friend or family member to come and get the kids. It is a good idea to have multiple family members or friends in mind if you think this is a possibility for you.
8
NOV
2017
This is a very common question I receive from many of my asylum clients and the answer depends on several factors: what type of asylum filing is it, when was it filed, from what state was it filed, what asylum office is reviewing the request and what is the country of origin for the applicant. Much has happened in the last few years with immigration that have caused long delays and backlogs in the asylum process. Literally thousands of unaccompanied minors and women with small children started flooding into the US two years ago when the governments of several Central American countries encouraged their citizens to travel to the US to find work. As a result, what used to take one year is now taking 3-5 years.
For renewal of green cards, my advice is to always file a minimum of five to six months before expiration. I also always recommend hiring an attorney to process the renewals so they can evaluate whether any additional information is needed. Renewals are not just about submitting an application and making sure it is signed, it is also about evaluating a client’s history for the last ten years and ensuring that there are no issues with ongoing eligibility to be a legal permanent resident.
This is a question that has no answer. This is mostly because the process was created incorrectly. DACA should never have been done through presidential executive action. The reason Congress should have been the governmental branch for this process is because their only job is to create laws and only Congress has the ability to foresee potential problems with other existing processes. Because this was not done properly, basic questions like this one have no answer. Just as when DACA first started, we will have to wait to see how the schools or state governments handle this problem. If we are lucky, the federal government will finally address the problem with DACA in a permanent way.
16
JUN
2017
No! There is no legal requirement that a person must be a citizen or a legal permanent resident to open a business. Anyone can open a business regardless of their immigration status, but it is not without difficulty and risk. For example, obtaining financing from a local bank can be difficult for someone overseas or for someone undocumented. Most banks will not grant a loan to a business without a Federal Employment Identification Number and established credit both of which require a social security number. One of the most basic problems undocumented immigrants or foreign nationals have is the inability to have a social security number. Although there are ways around this problem, it is not quick or easy. If a business is small, has no employees and does not need to obtain bank funding, it is fairly easy to start and maintain a successful business even if the owner is not a citizen or permanent resident.
Yes. If a green card holding child is under the age of 18 when the parent goes through the naturalization process, they will automatically receive what is called “derivative” citizenship. Although this happens automatically, by operation of law with no need for the child to go through the naturalization process themselves, it is still recommended that they apply for a certificate of their citizenship since there is no other way to prove that they are already citizens. This is not a difficult application process to go through and is highly recommended.
The answer is yes, but this can be a bit tricky since there are several hurdles this family would need to jump to be successful. First of all, sponsorship of family depends not only on the legal status of the sponsor (parent), but also immigration history and age of the child. Assuming the DACA recipient is under the age of 21 and unmarried, a parent can sponsor them for their own green card. But, there is a waiting period usually of several years for a visa to be available for the child. Another problem is that having DACA status usually means that the child entered the US without prior approval and will need to leave the country for their interview. If they are required to leave the country, often they will find that they have a 10 year bar against their return as a result of living in the US for more the 6 months without government permission. Depending on the facts of the case, the green card process for the DACA child could be very delicate and complicated.
11
MAY
2017
This is a tough situation because the options for an individual with this sort of history is difficult. A person in this position could very well be a candidate for asylum in the United States, but since they did not correctly request asylum within their first year in the US, it is unlikely that they are still eligible for this immigration assistance. Asylum is a very powerful process for individuals, but the rules are very strict for qualifying. One requirement is to file or request asylum within 1 year of entering the US. They only way around this rule is if something recently changed in their home country that would start the time period over again and make them re-eligible for asylum.
It is possible for immigrants to file an application for a replacement to a visa or to make a records request for immigration files for any governmental agency who deals with immigration. It is also highly recommended to submit requests as soon as possible since it can take up to a year (or even longer) to receive these records.
If an immigrant is driving on an expired, suspended or no license, it is usually the same thing to the government. So, there is probably no real advantage to supplying an expired license to a police officer after being pulled over. Of course, it can’t hurt either! The important thing to remember is that if someone is here without papers, driving without a proper license could get you arrested and that will often get the attention of ICE. The best way to avoid this unwanted attention is to not drive. It might not be easy, but it is much better than the legal problems both with the local police, courts and with immigration.