Articles Posted in USCIS

Many Roads Lead To Immigration Court

Overview of Removal Proceedings

How do individuals find themselves in removal proceedings?

This week’s blog will kick off a series of posts aimed at providing a broad overview of removal proceedings. Removal proceedings, formerly known as deportation proceedings, are the process by which the Department of Homeland Security (or “DHS”) seeks to deport individuals that it deems do not have authorization to be in the United States. Except under certain situations Continue reading

When will I get my green card?

The story of “Tommy and Tomina”…

One of the questions that every immigration lawyer gets asked is “How long is it going to take for my family member to get his green card?” And, in typical lawyer fashion, my response is “Well, it depends.” This Continue reading

US Naturalization 101

US Naturalization 101

What you need to know to apply for naturalization in the United States

Regular readers of this blog may have noticed that I have been writing about naturalization quite a bit lately. First, the one about a looming deadline. More recently, the one about my client with a prior denial turned around, and then the one about a noticeable increase in new citizens hailing from Africa. But, what do you need to be eligible for apply for naturalization in the first place?!?
Continue reading

Immigration Marriage Fraud

Thinking of getting married just for the green card?

ICE is cracking down on fraudulent marriage cases.

My former boss tells his clients “Marriage is the fastest and easiest way to get a green card. However, you need a good foundation. It’s like a house. If the foundation is good, then everything that is built on it will be good. But if it’s bad, then it will lead to a lot of problems.” What kinds of problems exactly? Well,
Continue reading

Immigration Application Denied or ApprovedWas your application denied because of a false claim to citizenship?

If the claim was made before 1996, it may not affect your application for naturalization.

One of the things that gives me immense pleasure as an immigration lawyer is taking a case that had previously been denied and turning it into an approval. It involves a close read of the government’s denial letter, a searching analysis of what errors were made (either by the government, the prior attorney, or the client), and then crafting a strategy towards a different, more favorable outcome.
Continue reading

Immigration Marriage InterviewHow the USCIS really handles marriage interviews

The other night, I was watching the tele with my wife.  As regular readers of this blog know, that means I was watching one of my wife’s shows again.  On a recent episode of “Trophy Wife,” Kate (played by Malin Akerman) discovers that her marriage paperwork didn’t go through and she’s in danger of being deported . . . to Canada!  (If you haven’t watched it yet, be advised that spoilers are ahead.)  Now — I’d like to compare the Hollywood marriage interview experience to reality.
Continue reading

Form N-400 Doubles May, 2014

If you are planning to apply for citizenship, you may want to do so before May 4, 2014.

I have previously discussed the benefits of becoming a U.S. citizen in order to “save” one’s children. I still believe that if you want to become a U.S. citizen, you should pursue it as soon as you are eligible. However, I occasionally come across potential clients who have been lawful permanent residents for a long time . . . and want to renew their green cards before the expiration date.
Continue reading

The Immigration and Naturalization Service is history.

The Immigration and Naturalization Service is long gone.

In its wake lie a slew of acronyms that can leave your head spinning.

Recently, I met with some clients who wanted to know if their prior applications for immigration benefits would cause any harm to a new application. They showed me a copy of their old documents and across the top of many pages were the words “Immigration and Naturalization Service.”
Continue reading

How does the government shutdown affect immigrants, the courts and our border?

United States Government Shutdown 2013

Although the federal government has been shutdown, the effects upon my immigration clients have been varied.

U.S. CITIZENSHIP AND IMMIGRATION SERVICES

U.S. Citizenship and Immigration Services (USCIS) is the primary agency that handles petitions and applications related to immigration. For most filings, USCIS charges a filing fee. According to USCIS spokesperson Christopher Bentley, USCIS can continue to operate during the shutdown because these fees cover 95% of their budget. I have filed applications and received the processing receipts. Interviews for naturalization and adjustment of status applications are going forward.
Continue reading

I was dismayed (but not particularly shocked) to read about the arrests and indictments of persons involved in fraudulent schemes to obtain asylum for clients in New York City’s Chinatown and Flushing neighborhoods. You can read more about it in the New York Times or in the U.S. Attorney’s press release.
Continue reading

Contact Information