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Se extienden las restricciones para inmigrantes

 Posted on January 18, 2023 in Uncategorized

Muchos aspirantes a conseguir asilo en los Estados Unidos contaban con la discontinuidad de la política establecida por el Título 42. Sin embargo, para su pesar, esta se ha extendido recientemente. A continuación, revisaremos lo que esta política implica.

La historia del "Title 42"

El título 42 se instauró con fundamentos en el COVID. En Abril de 2022 se anunció que con los avances médicos en términos de vacunación, se levantaría esta restricción. Sin embargo, esto se canceló dado que un juez federal de Luisiana citó los altos costos de refugiar a inmigrantes. A esto le siguió más litigio entre los inmigrantes y agrupaciones defensoras y estados republicanos que llevó el caso al máximo tribunal de la nación. En Diciembre, la Corte Suprema de Justicia de EE.UU. dio el veredicto final, anunciando que la política de quedarse o regresar a México debería seguir.

La expansión

Al día de hoy, no solo no se levantó esta restricción, sino que se extendió luego del fallo de la Corte Suprema de Justicia Estadounidense (enlace en inglés).

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What is special immigrant juvenile status?

 Posted on January 10, 2023 in Uncategorized

Some children who arrive in the United States without legal status end up becoming involved in the state child welfare system after allegations of abuse and neglect arise. When this happens, concerns of removal from the country can take hold, threatening to send the child back to a country that they don't know, where they don't have support and where it may be dangerous.

Fortunately, there are legal avenues for these children to try to obtain lawful permanent residence. But in order to successfully do so, they have to know the intricacies of immigration law and how to use them to their advantage.

Applying for special immigrant juvenile status

The best way for these kids to protect themselves and obtain permanent residency in the United States is to obtain special immigrant juvenile status. In order to obtain this status and secure permanent residency, they have to meet certain federal requirements, including each of the following:

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Helping you navigate divorce and resolve divorce issues

 Posted on January 09, 2023 in Uncategorized

How your relationship started is unique and special to you and your partner. Similarly, when it is decided to end the relationship through divorce, this process is also unique to both of you. While the dissolution of marriage causes spouses to address similar topics, the decisions made and how issues are resolved is not a one size fits all situation.

It is important to understand the laws and processes so you can move forward with a divorce that works best for you.

Moving forward with a divorce

At Immigration Legal Advisors, PLLC, our attorneys understand that not all divorces require litigation. Many spouses can avoid litigation altogether by reaching an agreement out of court. Thus, our law firm takes the time to assess the needs and interests of our clients, helping them understand their options as well as the outcome of each.

Whether you decide to move forward with negotiations, mediation or litigation, our law firm listens to what you have to say regarding your needs and desires. As such, we help you move forward with your divorce with your interests and goals in mind.

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Will my immigration status affect my personal injury lawsuit?

 Posted on December 23, 2022 in Uncategorized

If you are an undocumented immigrant in Virginia, it is natural for you to want to avoid situations involving police officers or the legal system while you work on obtaining lawful immigration status.

However, what happens if you are the victim of a car accident and sustain serious injuries? You may want to bring a personal injury action against the person who caused your accident and recover compensation but perhaps you are worried about how this will affect your immigration status.

You can still file a personal injury lawsuit

Additionally, you might question if you are even able to file a lawsuit as an undocumented immigrant. The answer is yes, you can file a personal injury lawsuit, no matter your immigration status.

You will need to file your personal injury action within Virginia's two-year statute of limitations; however, other than that requirement, you have the same rights as a U.S. citizen.

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Survey shows jump in number of new U.S. citizens

 Posted on December 22, 2022 in Uncategorized

Seeking U.S. citizenship is the ultimate dream for many immigrants. That dream has now been realized for many, as the United States has seen a 10-year high in immigrant naturalization in 2022.

Naturalization up

A survey from the Pew Research Center reports that the number of immigrants in the United States obtaining naturalization is the highest it has been in a decade. In the 2022 fiscal year, more than 900,000 immigrants were granted U.S. citizenship.

This is in contrast to the steep decline in naturalizations at the beginning of the global health crisis back in 2020.

Researchers cite an increase in migrants receiving green cards and an increase in lawful temporary migrants coming to the United States as the reason for the recent uptick in naturalization compared to 2020.

Steps in obtaining U.S. citizenship

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Visa H-1B, ¿y residencia permanente?

 Posted on December 16, 2022 in Uncategorized

Después de haber hecho de su meta trabajar en Estados Unidos al conocer el país de vacaciones o visitando a un familiar, logró su cometido: recibió una oferta laboral de un empleador estadounidense y ahora usted es quien vive y trabaja aquí. Si su estadía se logró a través de una visa tipo H-1B, le compartimos algunos datos de interés sobre los posibles beneficios que puede tener.

El perfil del trabajador puede ser una gran ventaja

Si su empleador lo trajo aquí con la visa H-1B, significa que usted:

  • Es un trabajador especializado, tiene estudios y título universitario o superior, conocimiento teórico y práctico para desempeñarse profesionalmente y está certificado para ejercer su profesión.
  • Recibió una oferta por parte del Departamento de Defensa de los Estados Unidos para colaborar en un proyecto o programa.

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Can victims of criminal activity receive a U.S. visa?

 Posted on December 07, 2022 in Uncategorized

The U.S. government places a priority on investigating crimes, and also on protecting victims of crime. The government issues a specific visa to meet these important objectives.

Immigration status

The 2000 Victims of Trafficking and Violence Act authorizes a type of visa status known as U nonimmigrant for victims of certain gender crimes and other offenses who suffered physical and mental abuse.

This immigration law, along with other laws, is also intended to protect crime victims who suffered significant mental and physical abuse from these crimes and are willing to assist law enforcement investigate and prosecute offenders. The visa also helps law enforcement serve crime victims.

Eligibility

An individual may be eligible for a U Visa if they are:

  • Victims of a qualifying crime.

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How exemptions can give you stability post-bankruptcy

 Posted on November 28, 2022 in Uncategorized

How exemptions can give you stability post-bankruptcy

A lot of people are facing financial struggles. Inflation has increased their everyday bills, and unexpected expenses, like those tied to medical care, can quickly eat away at your savings. If you're in that situation, you might be wondering what you can do to protect your financial interests.

Chapter 7 Bankruptcy might be right for you

One effective way to secure debt relief is to pursue a Chapter 7 bankruptcy. This type of bankruptcy, known as liquidation bankruptcy, can eliminate many of your debts. But that leaves many people wondering if they're going to be left with nothing once all is said and done. This thought can be especially troubling to immigrants who have worked hard to come to America and establish their lives here.

Chapter 7 bankruptcy exemptions

The good news is that you can clear the bankruptcy process with some assets still intact. You can achieve this by using bankruptcy exemptions. These exemptions include:

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How will my divorce affect my immigration status?

 Posted on November 10, 2022 in Uncategorized

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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The state of bankruptcy filings

 Posted on November 07, 2022 in Uncategorized

For many, Chapter 7 or Chapter 13 bankruptcy is a last resort after all other options are exhausted. Years of stress over continuing harassment by creditors, threats of lawsuits, and attempt to make ends meet made it the best chance to get out from under.

However, recent statistics reveal that the number of those dealing with severe debt problems diminished to a point where bankruptcy was the only option. However, the early days of a worldwide pandemic that kept people home started a steady decline in filings.

A downward trend

In 2019, which many consider the last year of "normalcy," a total of 776,674 filings occurred, with business bankruptcies at 22,910 and non-business filings at 753,764. It represented an increase from the previous year's 22,103 (business) and 751,272 (non-business).

The year the coronavirus breached the shores of the United States, bankruptcy filings went into a steady decline in 2020, with business filings at 22,391 and non-business at 590,170. The trend has continued to the present day.

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