Posted on November 10, 2022 in English

You are able to anticipate and plan some things in life and you have little or no control over other things. For example, you were able to anticipate and plan the move from your native country to the United States to pursue a better life for you and for your family. On the other hand, you probably could not anticipate that your marriage would end once were living in the United States.

Of course, one significant issue for you is your immigration status. The question is whether your divorce will affect your immigration status, and how. If you happen to hold citizenship in another country and your spouse is either a U.S. citizen or a legal permanent resident and you immigrated within two years of your marriage, you are considered a conditional resident. If that is the case, you will need to adjust your immigration status.

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 Posted on October 12, 2022 in English

As the past several years have shown, illness can strike anyone in Virginia and across the United States without warning and leave them with massive medical expenses they are unable to pay. This can be even more worrisome if the person is an undocumented immigrant.

There is a constant fear that they will be found out and deported. This is especially problematic given the attention immigration is getting amid attempts to address it. People who are trying to find ways to eliminate their medical debt should be aware of how Chapter 7 bankruptcy can help them. This is true even, for undocumented immigrants.

Am I able to file for Chapter 7 bankruptcy regardless of my immigration status?

According to the law, there is no stipulation that a person needs to be a citizen of the United States or be in the country legally to file for Chapter 7 bankruptcy. Still, they must have a Social Security number or an Individual Taxpayer Identification Number (ITIN).

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 Posted on October 07, 2022 in English

The immigration laws in the United States are incredibly complex. As such, it can be difficult to navigate them and know, exactly, how divorce and criminal matters may affect your immigration status. This can be incredibly stressful, especially if you're facing criminal charges that you're afraid may lead to deportation. That's why it may be helpful for you to know more about what sorts of offenses may lead to removal. Perhaps then you can come up with a strong strategy to protect your immigration status.

The effect of crimes of moral turpitude

Under existing immigration laws, you can be denied a green card or even removed from the country if you are convicted of a "crime of moral turpitude." Someone who is convicted of one of these offenses may struggle to demonstrate that they have the good moral character necessary to successfully seek citizenship. In other words, mere allegations of having committed one of these crimes can threaten your future.

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 Posted on September 28, 2022 in English

Many undocumented migrants came to the United States as young children and now live and work here with few ties to the nation of their birth. It's not their fault that they ended up in the United States illegally. Unfortunately, one program in place to protect these people from deportation may soon be coming to an end.

What is DACA?

Over 600,000 people are protected from deportation through the Deferred Action for Childhood Arrivals (DACA) program. DACA was instituted to protect those who were brought to the United States as children but who do not have the legal status to live and work in the country legally. Referred to as "Dreamers," these people will not be deported as long as they are not threatening public safety.

Will courts end the DACA program?

However, the DACA program could be coming to an end. While the U.S. Supreme Court upheld DACA 2020, it did so only because it believed the previous administration did not end the program the right way.

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 Posted on September 01, 2022 in English

If you're in the United States as an immigrant, then you know that the risk of deportation is always looming over you. Even though that may drive you to live on the straight and narrow, abiding every law that you're aware of, you can still find yourself on the receiving end of allegations of criminal wrongdoing. And when these accusations fly, you may end up facing the very real possibility of deportation.

Can you be deported for DUI?

It really depends on the circumstances of your case. So, the answer is that a DUI conviction may or may not lead to deportation. Although you can be removed for crimes of moral turpitude that occur within five or 10 years of entry, depending on your status, or if you've been convicted of two crimes of moral turpitude, drunk driving, on its own, isn't considered a crime of moral turpitude. Instead, immigration officials are going to assess the circumstances of your case to determine if your situation qualifies for removal.

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 Posted on August 16, 2022 in English

In today's global society it is perfectly understandable that you may have come to the United States to marry a U.S. citizen. You may have been happily married for a few months or a year or so when things fall apart, and you end up divorcing. If you are not yet a full permanent resident, does this mean you will have to leave the United States?

What is conditional permanent residency?

If you are in the country based on your marriage to a U.S. citizen, you will have conditional permanent residency until you have been in the United States for two years. Conditional permanent residency serves as a means for ensuring you did not try to get in the United States based on a sham marriage in order to get a Green Card. Once the two years have passed, you can file a Form I-751 to remove the conditions.

What happens if I divorce while I'm still a conditional permanent resident?

If, during this conditional period, you divorce then you may need to seek a waiver allowing you to file your I-751 as an individual rather than jointly. You also need to show you entered the marriage honestly and in good faith.

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 Posted on August 02, 2022 in English

In order to legally live and work in the United States on a permanent basis, you will need a Permanent Resident Card, more commonly known as a Green Card. You may be eligible for a Green Card if you meet the criteria listed for at least one of the following categories:

• Family
• Employment
• Special Immigrant
• Refugee or Asylee Status
• Victims of Human Trafficking and Crimes
• Abuse Victims
• Registry
• Other

Your Green Card application process will depend on whether you are currently inside the United States. However, the general process is as follows:

• Another person sponsors you by filing a petition to support your case.
• Once your petition has been approved with a visa in your category, you will file a Green Card Application with U.S. Citizenship and Immigration Services (USCIS).
• You will attend a Biometrics Appointment for fingerprints, photos, etc.

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 Posted on July 29, 2022 in English

Undocumented immigrants in Virginia will undoubtedly have questions about how they can try to build a life in the United States. Some will focus on simply staying and avoiding deportation. For others, the goal is to attend a college or university. In addition to questions about their status, they will also want to know if they can take advantage of programs that are available to citizens and visa holders. These include college financial aid. Knowing what undocumented people can receive without it negatively impacting their status might require professional advice.

New Virginia law lets undocumented students get financial aid

A law addressing immigrants and in-state financial aid that was passed in 2021 has gone into effect in Virginia. With this new law, colleges in Virginia will let prospective and current students seek financial aid. This extends to those who have immigration issues such as being in the process of seeking asylum. This aid can be essential for many immigrants to attend schools of higher learning.

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 Posted on July 01, 2022 in English

The United States is widely respected for its opportunities. People from around the globe often want to come to the U.S. to live, work and be educated to take advantage of them. Employers in the public and private sector are constantly looking for experienced and qualified professionals in a variety of areas whether that is computers, education, production, government, finance or other industries.

Those who come to the Virginia and the Washington, D.C., areas as visitors are often so enthusiastic about what the United States offers them personally and professionally that they decide to explore the avenues to move to the United States and work.

There are basic requirements and categories for prospective immigrants. Knowing them and following the rules can help with a smooth process, a fair determination and a positive outcome.

Priority and professional workers: how are they categorized?

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 Posted on June 17, 2022 in English

Criminal convictions can have an enormous impact on visa holders, lawful permanent residents or anyone seeking status in the United States. While the idea of a conviction may seem obvious, like many legal terms, it's more complicated than it initially appears.

It's all about good moral character

Good moral character is one of the cornerstones of attaining and retaining, immigrant status in the U.S. Criminal convictions, or the lack of them, is a big part of establishing that character. Something that does not qualify as a conviction outside of immigration purposes may very well qualify in the context of immigration.

To qualify as a conviction, there must have been an adjudication of guilt, in some form. This could mean a finding of guilt by a judge or jury, or a plea of guilty or no contest by the individual. Even if the individual doesn't plead guilty, if they admit sufficient facts so that guilt may be implied, that could be enough to establish that a conviction has occurred, for immigration purposes.

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