Immigration Application Case Denied! What’s next?

So you received a denial from DHS/USCIS/Immigration of your application for a visa, greencard, removal of conditions on greencard (I-751; Application on a marriage based case after receiving your 2 year greencard), naturalization/citizenship? What’s next for you? Well, if this question was asked to me a few years ago, I would have likely been comfortable stating that immigration (deportation) enforcement does not directly and/or automatically follow a denial. However, a lot has changed with the Trump administration and it’s immigration policies, particularly it’s immigration enforcement policies. I have seen a tremendous increase in immigration enforcement (immigration arrests/detention/deportation) as a result of the denial of an immigration application case filed with DHS/USCIS/Immigration. It appears now that in many cases, when an immigration application case is denied, the file is sent to immigration enforcement officers, also sometimes known as ICE (Immigration Customs Enforcement). So, I have found that it is at least more prudent, if not absolutely necessary that you contact an immigration attorney after receiving an immigration application case denial. There may be actions available through an experienced immigration attorney which may minimize the chance that your case is sent to immigration enforcement after a denial. It is always advisable to be proactive (meaning don’t wait for something negative to happen to you before speaking to an experienced immigration attorney). Many times there may be options available which may overcome the denial, such as an appeal, motion to reopen and many other avenues. What you never want to do these days is ignore the denial and hope that immigration doesn’t come knocking on your door. At a minimum, take the time out to get concrete information pertaining to your particular case (even after a denial). This may be the difference between you being taken into custody/arrested by immigration and continuing to live with your family.

Immigration Consequences of a Criminal Arrest/Conviction

In today’s climate, immigration enforcement of individuals with criminal convictions is at an all time high. Whether you live in New York City (Brooklyn, Staten Island, Bronx, Manhattan or Queens) or New Jersey, you will see stepped up immigration enforcement. Take no comfort in the fact that immigration (DHS) has not reached out to you for a convictions perhaps 20 years old. All too often, we have clients who enter and or appear at JFK airport where DHS/Immigration discovers/finds a criminal conviction from many years ago. People are often puzzled as to why immigration officials make an issue of this now despite countless travels in and out of the country. As such, if you have a criminal conviction, we strongly recommend that you immediately contact an immigration attorney serving New York City (Brooklyn, Staten Island, Bronx, Manhattan or Queens) and New Jersey. You must be proactive and not wait for immigration to appear at your door. If you do nothing and they come to you, you may possibly be taken into custody and stay in detention. Some detainees may have to stay in custody without bond and wait for an immigration judge to take on your case. Be ready. Be diligent. Contact an experienced immigration attorney.

Asylum Transferred to Immigration Court

You filed a case for asylum and you appeared for your asylum interview. Although you seemed optimistic about the results, when you picked up your decision, you found out that your case was transferred to immigration court. When a case is transferred to immigration court, a person receives a Notice to Appear (NTA). DHS will issue a Notice to Appear and if you live within the jurisdiction of the New York City Immigration Court, you will be commanded to appear at the Immigration Court located at 26 Federal Plaza, New York, NY. If you live within the jurisdiction at the Newark Immigration Court, you will be commanded to appear at the Immigration Court located at 970 Broad Street, Newark, NJ. Statistics show that the majority of cases heard by the asylum office in Bethpage, NY or at the asylum office at Lyndhurst, NJ, are transferred to the immigration court. You will have an opportunity to present your asylum case in front of an immigration judge in New York City or an immigration judge in Newark, NJ (if you live within those courts’ jurisdictions). Unlike your experience at the asylum office in the Department of Homeland Security, your experience in immigration court will be entirely different. In the immigration court, immigration court rules will apply. You should find experienced and competent representation through an experienced immigration lawyer serving New York City and/or an immigration lawyer serving Newark, NJ. The decisions you make very early on after receipt of the Notice to Appear will likely be one of the most important decisions in your life. Despite what you have heard out there and despite what you may have heard about the Trump administration’s immigration enforcement, our immigration courts will provide you with a fair opportunity to present your case. Although hiring an experienced immigration lawyer includes financial costs, consider these costs an investment in your future. Make no mistake about it, if proper decisions are not made early on, fixing any mistakes (presuming they are even fixable) will be a lot more costly

Loved One/Family Member Arrested by Immigration (ICE, DHS)

What do you do when this happens? Many people are panicked because immigration officers/ICE/DHS/Immigration Police do not give family members any information. It is no secret that the Trump administration is stepping up all immigration enforcement and deportation efforts. Many people without any status are being arrested in New York City (Queens, Brooklyn, Bronx, Staten Island, New York), Long Island, Yonkers and Westchester. These arrests include individuals who may be here illegally, may have violated their status, may have violated their authorized stay or have been arrested or convicted of a crime (whether drugs, assault, burglary, DWI, etc). Some of these family members have been told that nothing can be done for somebody in that situation. Please be weary of individuals giving that type of advice. Here is a news flash, it may in fact be that in deportation proceedings you may actually be able to file for a greencard (permanent residency) when in fact you couldn’t have filed before deportation. There are also situations where a greencard holder (permanent resident) is put into deportation. In those cases, you may also be able to apply for applications that would allow you to be forgiven (waiver) to those criminal convictions. But you must act quick. You must act fast. There are situations where immigration will take somebody arrested in New York and ship them all the way across the country. If you act fast and work with an experienced immigration attorney, you may be able to stop the transfer of a loved one from your state to a very distant state. The immigration laws are one of the most complicated laws of the United States. Do not attempt to take action on your own. Speak to an experienced immigration attorney serving New York City (Queens, Brooklyn, Bronx, Staten Island, New York), Long Island, Yonkers and Westchester. Our office has been providing immigration legal services for nearly 20 years.

High Interest Credit Card Making You Feel Hopeless

Let’s face it, most people are burdened with high balances on credit cards and high interest rates. Not matter how much you seem to pay and how often, your balances never seem to be reduced. Is there a way to legally get rid of credit card debt without ruining your credit? Is there a way to get rid of credit card debt but still be able to get new credit cards with a credit line? You will be surprised to find out that the answer is yes. Banks want you to think that the solution known as bankruptcy would be the death of your credit. However, this is absolutely wrong. In most cases, people are able to file for bankruptcy and legally get rid of all their credit card debt while being able to keep all their assets (if covered by an exemption). In fact, after filing bankruptcy most people will see not only an increase in their credit report, over time, but will also begin to receive credit card offers shortly. Do not be fooled by the banks. If you are troubled by credit card debt and are having financial difficulties, do not wait. Speak to an experienced bankruptcy attorney in New York City (Queens, Brooklyn, Bronx, Staten Island, New York), Long Island, Yonkers and Westchester.

Immigration Court Representation in New York City

I am sure everybody has heard a great deal about immigration and President Trump. You may have heard the Trump administration speak about building a wall and the removal and deportation of people that are here without status (illegal). Immigration starts the deportation or removal process usually through the service of a Notice to Appear. If you live in the New York City (NYC) jurisdiction, a person would likely receive a Notice to Appear commanding that the person appears at Immigration Court located 26 Federal Plaza, New York, NY. Upon receipt of this document, a person should begin preparations to defend themselves from deportation or removal from the United States. There are many opportunities that may present themselves when you are in immigration court. There may be applications that can be filed to allow you to obtain permanent residency (a greencard). However, one must be diligent and seek an experienced immigration lawyer that serves the immigration court at 26 Federal Plaza, New York, NY. If you were served with a Notice to Appear, do not panic. This may in fact be a blessing in disguise.

Green Card (Permanent Residency) through Marriage to U.S. Citizen

Do I need a lawyer to file my marriage based green card (permanent residency) application? Does it look suspicious if I file my case with a lawyer or go to an Immigration (DHS) marriage interview with a lawyer?

I am asked these questions all too often. My answer is simple. YES . . . YOU SHOULD HIRE A LAWYER FOR THIS TYPE OF MATTER and NO IT DOES NOT LOOK SUSPSICIOUS. IT SHOWS THAT YOU ARE COMPETENT AND ARE TAKING THIS SERIOUS. This may seem somewhat self serving coming from an Immigration lawyer. But, I assure this is not a sales pitch. Let’s face the facts. You are appearing before an Immigration DHS officer at 26 Federal Plaza, NY NY (if you live within its jurisdiction) to provide sworn statements pertaining to your matter. These Immigration Officers work for the United States Citizenship & Immigration Services (USCIS) under the Department of Homeland Security (DHS) for the United States of America. USCIS DHS is represented through these immigration officers who are very well trained and have tremendous power. Doesnt it make sense that you also represented by experienced immigration lawyers to make sure that you are treated fairly and are given due process. The decisions you make early-on can impact the outcome of your very important immigration matter. Remember, it is usually more difficult and expensive to attempt fix or overcome a bad result than to start off properly through the use of an experienced immigration lawyer serving Brooklyn, Queens, Bronx, Staten Island, Manhattan and Long Island, regardless of whether the case is pending at 26 Federal Plaza, NY NY or 30 Barretts Holtsville, NY

Immigration doesn’t believe my marriage is real

You fall in love . . . get married . . . file your application for a green card (permanent residency) . . . and then appear for your interview at 26 Federal Plaza, NY, NY. All of a sudden, you feel your life is turned upside down because immigration (USCIS – DHS) does not believe you entered the marriage in good faith. Whether you receive a denial of your family petition (I-130) or adjustment of status application (I-485) or are scheduled for a “Stokes” interview, you must act quick. You can never be over-prepared for these matters. A decision may need to be made whether to appeal the denial of the family petition, or whether you may file new applications. You must need be intimidated by the powerful U.S. government. It is not realistic to think that you alone can take on the Department of Homeland Security. Dont go at it alone. Speak with someone that has had countless interactions with the powerful immigration agency.

Waivers for Immigration

There are some individuals that may not qualify for a green card (permanent residency) because of an inadmissibility issue. This may be due to a violation of status, criminal arrest history, criminal conviction, lying, fraud and misrepresentation and many more. Did you receive a denial from Immigration (DHS) USCIS and now you need to file for a waiver (I601) or a provisional waiver (I601A)? If so, do not lose hope. With the right guidance thorough an experienced immigration lawyer (attorney), this may just be a detour or hurdle.

Seeking Asylum Protection

What can one do if afraid to go back to their home country due to fear of persecution. One can seek asylum protection and file an application for asylum with Immigration-DHS-USCIS. If you live in New York City -NYC (Brooklyn, Queens, Bronx, Manhattan, Staten Island) or Long Island, you will likely be called in for an asylum interview at the Asylum Office at 1065 Stewart Avenue, Bethpage, NY. At that time, an asylum officer will interview you and make a decision as to whether you should be granted asylum, denied or referred to the Immigration Court (EOIR – Executive Office for Immigration Review) located at 26 Federal Plaza, New York, NY. Like almost any other area of law, there is a strong advantage for people represented by experienced immigration lawyers. So, having a lawyer represent you with your immigration asylum case either at the asylum office in Bethpage NY or at the Immigration Court at 26 Federal Plaza, NY, NY can make a tremendous difference in the outcome of your case