Your Immigration Lawyer Helped You Get Your Family Based Green Card Approved at a US Consulate in Europe. Now What?

After a petitioner’s application is approved at the consular level, there are still a few procedural hurdles that must be cleared before entry into the country is secure.  The lawyers at Sethi & Mazaheri generally consider representation over when the client has entered the United States safely and without issue.  Whether filing on your own, or using an immigration lawyer, it is important to understand the requirements for entry in order to leave Europe and enter the US expeditiously.

Post-Interview

After you have had notice of your visa approval, an immigration officer will tell you when and how your passport and visa will be returned back to you.  When your passport is returned, the immigrant visa will be located on a page within the passport.  Please note, if there are errors, you or your attorney should promptly notify the consulate or embassy in order to correct the error and not cause delay for your entry into the US.

Also, you will receive a sealed Immigrant Packet along with your passport and visa.  This must be presented to U.S. Customs and Border Protection at a port-of-entry.  If you are coming from Europe, your port-of-entry is most likely an airport. Do not open your sealed packet.

At What Point Should You Travel To The US

You are required to arrive for admission into United States by the expiration date on your visa.  Generally, an immigrant visa is valid for up to six months from the date it was issued.  However, if your medical examination expires sooner, then you may need to enter in less than six months.

The USCIS Immigrant Fee

After you receive your immigrant visa,the USCIS Immigrant Fee must be paid to USCIS.  Also, this fee must be paid before your entry into the US. Please note that an approved visa does not guarantee entry into the US.  You will be inspected by officials from the Department of Homeland Security and/or U.S. Customs and Border Protection (CBP) upon entry into the country.  These officials have authority to approve or deny admission.  If you think you have inadmissibility issues, it is generally a good idea to discuss these with an immigration lawyer prior to entry.

Immigration Lawyers In New Jersey Prepare To Use Obama’s Executive Actions To Prevent Their Client’s Deportation

Recently, President Obama announced many prospective changes on immigration policy in the United States, particularly as it relates to those who are in removal.  Both the expansion of DACA and the provisional waiver programs can be used to terminate an alien’s removal proceeding.  Now, immigration lawyers in NJ have additional tools to prevent the deportation of their clients who have proceedings in Newark Immigration Court.

How Can DACA be used to Terminate a Removal Proceeding? 

President Obama proposed to enlarge the first deferred action program, extending the physical presence requirement to January 1, 2010 and making individuals of all age groups eligible.   He also announced a second program whereby aliens who have USC and LPR children in the US and who also have been in the United States since January 1, 2010, can be eligible to terminate their removal proceeding provided their children were born before November 20, 2014.

Aliens who qualify for DACA and are in removal proceedings should submit a complete DACA application immediately.  If an alien has a final individual hearing scheduled, after a receipt for the DACA application has been received that alien should immediately apply for a continuance so that the DACA application may be decided.  If DACA is granted, the alien should immediately make a motion to terminate his or her case.  

How Can a Provisional Waiver be used to Terminate a Removal Proceeding?

An alien may not apply for a provisional waiver lawyer if they are in removal proceedings.  However, the alien can seek an administrative closure or termination so that the provisional waiver application can be decided.  This may require establishing facial eligibility in immigration court.  However, it important to note that termination should be received before leaving the United States and reentering on a visa.

To find out more about how Obama’s changes could affect you, call the Law Firm of Sethi & Mazaheri at 646-405-9846 or e-mail us at sethi@sethimaz.com.

ADeportation Lawyer’s Analysis of Obama’s Recent Executive Action And How It Could Impact Aliens Living In NYC Who Have Criminal Records

President Obama’s executive action program may make hundreds of thousands of immigrants in the NYC area eligible for a work authorization and provisional status. However, applying for the programs with a criminal record or a history of immigration violations could result in being placed in a removal proceeding.  This article will examine how one’s criminal record or immigration history may affect eligibility for Obama’s pending executive action program. Still, as the law in this area is complex and still being formulated, immigrants in the NYC area who are interested in seeking work status under the recent programs, should confirm with a lawyer that they are not an enforcement priority for deportation.

Enforcement Priorities Under Obama’s Recent Executive Actions on Immigration

An alien’s eligibility for the executive action programs announced by President Obama is limited by the Department of Homeland Security’s (DHS)Policies for the Apprehension, Detention and Removal of Undocumented Immigrants.  In this policy memo, DHS outlines three levels of enforcement priority that relate to border security, national security and public safety.  If one falls under one of these categories, he or she may want to reconsider applying for a work authorization when and if Obama’s executive actions become active. Here are the essentials of each priority level:

(A) Priority One- The following aliens are prioritized for removal :

•    Individuals who have been involved with terrorism or espionage, or suspected of such activity;
•    Individuals who have been deemed to pose a danger to national security;
•    Individuals caught at the border or a port of entry while trying to enter the US;
•    Individuals who have been convicted of a crime where a part of the charge involved being part of a        criminal street gang,
•    Individuals, 16 or older, who have been involved in gang activity;
•    Individuals with a felony conviction where a part of the charge involved that person’s immigration status; and
•    Individuals convicted of an "aggravated felony."

(B) Priority Two- The following aliens are the 2nd priority for removal :

•    Individuals with convictions for of three or more separate “misdemeanor” offenses, which involved the person’s immigration status. This does not include traffic offenses or state or local offenses
•    Individuals convicted of a "significant misdemeanor"
•    Individuals entering the US, after illegally entering or re-entering who cannot establish continual physical presence since January 1, 2014 ; and
•    Individuals deemed by ICE Field Office Director, USCIS District Director, or USCIS Service Center Director to have abused the visa or visa waiver programs.

(C) Priority Three- Aliens who received a final order of removal on or after January 1, 2014 :

As one can easily see, this is a complicated set of requirements and it is not always clear whether one is barred from applying for a work authorization under Obama’s program.  Therefore, it is advisable to consult an attorney to determine one’s potential eligibility.