REQUEST FOR EVIDENCE & GREEN CARD

I just completed my adjustment of status interview (application for a green card interview) based on my marriage to an USA citizen. At the end of the interview, I was given a document requesting more evidence because of an arrest. Will my arrest records affect me getting a green card?

When it comes to criminal issues and filing for a green card, it is extremely important that a particular person with an arrest record for a criminal offense speak with an experienced immigration lawyer. There are certain criminal offenses which may affect the possibility of an approval. There are some offenses that may outright be a bar for getting a green card approved. There are also some offenses that may allow a person to apply for a waiver, which essentially is a pardon. So, depending on the nature of the offense and the totality of the criminal record which may affect good moral character, it is always wise that you speak with an immigration lawyer before you even file the case. The actions taken or not taken may directly impact the results of your case, as well as a possibility that you might be placed in removal proceedings.

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ASYLUM AS A DEFENSE TO DEPORTATION

I have been in the United States for 10 years. Recently DHS Immigration ICE contacted me and put me in deportation. I have a hearing coming up in front of the Immigration Court Executive Office fire Immigration Review at 26 Federal Plaza, New York NY with an Immigration Judge. I am from a country that punishes people for free speech and does not tolerate any criticism of the government. I have never requested asylum before. Can I still apply for asylum even though I have been here a long time?

Although there is a requirement that asylum applications should be filed within one year of entering the USA, the law does allow for exceptions to the 1 year rule. There are exceptions that may make a person eligible for asylum even though it’s been more than a year. However, even if someone does not have a viable excuse for not filing asylum within a year, they can still be considered for withholding of removal, which will also essentially permits a person to stay in the United States. There are somewhat intricate differences. Speak to an exerienced immigration lawyer that is often at 26 Federal Plaza, New York City.

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How do I get a green card?

This is a very loaded question and very difficult to answer in a brief manner. There are many considerations to take when attempting to provide this type of answer to a particular person. Answers to many questions are required before this type of advice can be rendered to someone. How did they entered the United States? What is their current status? Are there any bars or impediments to being granted permanent resident status? Are they currently maintaining status? Has the person at any time violated terms of their authorized stay? There are many other questions that need to be answered. The many avenues that can lead to permanent residency. Some of them are through an employment based petition, through a family based petition, diversity Visa lottery, through a grant of asylum, through a grant of cancellation of removal. The list goes on…

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I received a Notice To Appear

I received a notice to appear in Immigration Court. I am afraid to go back to my country. What can I do with the immigration judge.

So let’s say a particular client receives a Notice to Appear in Immigration Court Executive Office for Immigration Review located at 26 Federal Plaza New York City. The clients first reaction is ordinarily panic. The decision the client makes next can seriously impact the client’s ability to remain in the United States. The decision of the client to hire a lawyer is instrumental. Also, the Immigration lawyer that the client hires may also make a difference in the outcome of the case. At this juncture, the client should likely hire not just an immigration lawyer but an immigration lawyer that has a concentration of cases in that particular Immigration Court. In this particular case, the client should likely hire a lawyer that has many cases in front of the Immigration Court at 26 Federal Plaza New York New York. The client should also do his or her own research and look at the skills and experiences of a particular lawyer or law firm. There is usually no substitute for your own work and research.

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Getting a Green Card Through Asylum

An individual who is afraid to return to his or her home country for fear of persecution (fear of being hurt, wrongfully accused, jailed, targeted) may file an application for asylum on Form I-589 with USCIS DHS Immigration. This application can be filed by someone who was previously persecuted and even by individuals who may not have been previously persecuted but who now fear future persecution. How do you prove it? In a perfect situation, a client will show up with a video tape of them being persecuted and with documentary records of the persecution. However, in the real world that’s not how it works. In many cases, clients have nothing except their word. Immigration law does allow for situations where a person’s statement alone, if credible, can be enough. I attached a picture of an approved asylum, which was approved at the initial stage by the Asylum Office DHS Immigration .


DENIED I-751

I filed application USCIS FORM I-751 Petition to Remove Conditions on Residency. The application was denied. Is there anything that could be done now?

There are several options when Form I751 is denied. I will not get into the specifics of all the options that are available because the Option that is picked should make the most sense in light of the reason for the denial. However I will briefly say that one of the options can be to refile the I751. When the application is denied however USCIS DHS will usually serve a Notice to Appear in Immigration Court, which essentially amounts to efforts by the federal government to deport/remove the person. It is important to know that the Immigration Judge assigned to the case will get another opportunity to look at the application Petition and decide whether the Immigration Judge agrees with the denial or whether the application should be approved.

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FILING FOR GREEN CARD VIA MARRIAGE

I filed for a green card based on my marriage. I have an interview scheduled with DHS USCIS Immigration at 26 Federal Plaza, Ny Ny. What should I expect to happen?

Any marriage based application will require an interview before an Immigration Adjudication Officer. These interviews are usually done at the local immigration office. Ordinarily, when a couple shows up for an interview, they submit their appointment notice. Thereafter the couple usually waits in a waiting Room to be called. That is probably a good time to get your paperwork in order here if you want to make sure you have the original of certain documents as well as updated evidence that would show a joint life. You also want to make sure that evidence of your relationship through photographs have been properly prepared. When the couple is called in by an immigration officer for the interview, they are usually escorted to a room for the interview. The officer will the request the identifying documents such as the passports and other crucial original document such as the birth and marriage certificates. It is also a great idea to pay attention to the instructions of the officer, at some officers will clearly state that stay doing want any communication between the applicant and beneficiary.

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I received a 2 year conditional resident card. But, my 2 year green card is about to expire. What do I need to do?

When you have a marriage based green card interview with DHS Department of Homeland Security USCIS and you “pass” the interview and your green card is approved, but you have not been married for 2 years at that time, you will receive what is called conditional resident status. Before that card expires , you are required to apply for the permanent resident green card. This application is an application referred to as a Petition to Remove the Conditions on Residence Form I-751. There are many factors that are involved in determining whether you will be interviewed after you file this application. Of course, you want to make sure that the application is properly submitted with evidence that would show that you continue to be at a bona fide relationship with your spouse. Ordinarily, the stronger the evidence is, the less likely you will be called in for another interview.


The Immigration process to get a green card (permanent residency) through marriage to a U.S. Citizen

Question: Can someone get a green card (permanent residency) if they entered the U.S. with a Tourist Visa and they marry a U.S. Citizen?

Answer: If someone is not barred from admissibility, the answer is generally yes. However, individual facts may come into play.

Question: If a marriage based application is filed, will the married couple be interviewed by Immigration (DHS)?

Answer: Yes. Marriage based green card (permanent residency) submitted applications require that the couple be interviewed to decide whether the marriage is bona fide (“real”)?

Question: If a marriage based application is filed and the couple live in New York City (NYC), where will the interview be scheduled?

Answer: If a marriage based application is filed and the couple live in New York City (NYC), the interview usually takes place at 26 Federal Plaza, New York, NY

Question: If Immigration approves the green card (permanent residency), what type of green card (permanent residency) will the applicant obtain from Immigration (DHS)?

Answer: If 2 years have not passed since the marriage at the time the green card (permanent residency) is approved, the applicant will obtain conditional permanent residency. This means that the green card status will expire in 2 years from the grant of the conditional permanent residency.

Question: What needs to be done to obtain the permanent green card in a marriage based application? In other words, how do you remove the conditions on permanent residency?

Answer: An application to remove conditions on residence (Form I-751) must be filed during the 90 days before the card expires. You cannot simply renew a conditional permanent resident (conditional green card) status.

Question: If I file an application to remove conditions on residence (Form I-751), will I be interviewed again by Immigration (DHS) at 26 Federal Plaza, New York, NY?

Answer: Whether Immigration (DHS) interviews you again can depend on many factors. These can include (but not limited to) how convincing your documents are as to whether your marriage remains viable and genuine.


Filing for Asylum in New York City (Brooklyn, Queens, Staten Island, Manhattan and the Bronx)

We all have heard a great deal about asylum lately through the news and other sources of media. All of this information can be very confusing. I started getting calls with people entirely confused and think that filing for asylum is not available any longer.

I’m going to list the most common questions I get and I will do my best to answer these questions.

1. Can you still file for asylum in New York if you entered with a Visa but are now out of status?

Yes. However, there may be individual facts which may vary your case, such as when you last entered the U.S.?

2. If you are not eligible for asylum, can you still seek protection from deportation/ removal in Immigration Court?

Presuming you are eligible for asylum (whether because of a particular criminal conviction or are time barred), you may still be eligible for other relief, which may stop your deportation/ removal.

3. How long does the process take?

This is very difficult to answer without knowing certain facts. There are some cases filed with USCIS that can be resolved favorable in less than 2 months and there may be some cases that can be on the court calendar for 3 years. So, these things usually depend on each individual case.

4. Can I get work authorization during this long wait?

Generally speaking, you qualify to get work authorization after the passage of certain days following the pendency of your asylum application. I’m hesitant to give the number of days because every case is unique and the clock to start there time may be triggered at different times for different cases.

Familiarize yourself with the law. Get the information from a proper source. Someone licensed to practice law and is in the business of immigration law.