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.

Applying For Deferred Action While in a Deportation Proceeding: A Perspective From an Immigration Lawyer Practicing in New York City (NYC)

Many of our clients in New York City who are in removal proceedings do not qualify for the principal forms of relief, such as cancellation of removal or asylum.  However, since being implemented, Deferred Action (or DACA) has increasingly been used as an alternative tool for immigration lawyers practicing in NYC to terminate their clients’ deportation proceedings.  While I will not go into the specific qualifications under the Act in this article, here are some frequently asked questions from clients who are considering applying for DACA while in removal:

(1) Will DACA give me legal status? In short, no.  DACA authorizes an individual to stay in the United States on a temporary basis; it cannot be used as a path to permanent residency.  However, one who has DACA will be considered an individual residing in the United States legally for the duration of that individual’s DACA status. 

(2) Does DACA allow me to work? Yes. DACA does allow one to apply for an employment authorization document.  If granted, the work authorization is valid for the time that one has Deferred Action. 

(3) How long does DACA last? DACA is valid for only two years, though one can apply for a renewal towards the end of each period.

(4) Can I apply for DACA if I have a removal order? Yes. If you are currently in removal proceedings, if you have an order of removal, or if you have accepted voluntary departure, you still can apply for DACA.

(5) Do I have to be 15 years year old to apply for DACA? Normally, if you are not in removal you must be at least 15 years old to apply for DACA.  If you are in removal proceedings, if you have an order of removal, or if you have accepted voluntary departure, you still can apply for DACA if you are under 15. 

If you are in deportation proceedings in NYC or in the tri-state area, it is helpful to consult with an immigration lawyer to understand what relief may be available to you.  This particularly applies to DACA, which is a relatively new act.

A Guide on Citizenship Appeals By An Immigration Lawyer in NJ

If your citizenship application was denied and you feel that USCIS may have made in error in rejecting your application, you can file a citizenship appeal to challenge the basis of your denial.  There are several levels of appeal and each stage has its own unique requirements, so for residents of New Jersey (NJ) who have been denied in their citizenship application it is critical to consult with a local immigration lawyer. 

The N-336 Administrative Review of a Denial of a Citizenship Application

If USCIS denied your citizenship application, you can request a new hearing before an immigration officer.  In order to get such a hearing, the form N-336 must be filed with USCIS within 30 days that the denial of the N-400 application was received.  The current filing fee for the N-336 is $650. 

If the application for administrative review is filed in a timely manner, then a new immigration officer will review the original decision.  Within 180 days of filing the N-336, a hearing will be scheduled where you will be present with the option of having a lawyer accompany you.  An important feature of the N-336 Administrative Review is that new evidence can be submitted supporting the citizenship application.  Furthermore, a legal brief can be submitted as well. 

Appealing Your Citizenship Denial to Federal District Court

If your N-336 is denied, you may then ask a federal district court to review your citizenship denial. To make an application for judicial review before a federal district court, you must file a petition in the federal district court within the district that you live in.  For example, if you live in NJ, either you or an immigration lawyer can file before the United States Court of Appeals for the Third Circuit.  While regulations require filing for a petition of review within 120 days after denial of the N-336 Administrative Review, each circuit may have its own specific statute of limitations for a petition for review.  It is advisable to consult attorney on such issues. 

Delays in Citizenship Applications

There are many cases where the USCIS waits two, three, or even four years without reaching a decision on an applicant’s citizenship petition.  In such cases, one can file for mandamus relief before the local federal district court having jurisdiction over the appeal.  It is important to note that in such cases, the petitioner is not asking for the district court to make a decision in the citizenship application, but he or she is asking the court to compel the USCIS to make a decision.  If you think that USCIS is delaying your application without cause and you live in NYC, you should consult an immigration lawyer about filing a petition for mandamus relief before the United States Court of Appeals for the Second Circuit.

 Sethi & Mazaheri, LLC is a full service immigration law firm with offices in New York and New Jersey. We are well known as deportation lawyers and Immigration Lawyer in NYC.

What Is A J-1 Teacher Visa?

Foreign teachers who wish to teach in primary and secondary school in the United States.may qualify for a J-1 teacher visa. 

Applicants livinginthe Washington DC metropolitan area should consult with an immigrationlawyer prior to applying for a J visa.

Who May Apply?

In order to apply for a J-1 teacher visa, the foreign teacher must:

• Possess the required qualifications for teaching in primary or secondary schools in their home country or last country of residence;
• Have a minimum of three years of teaching or related professional experience;
•  Meet the teaching standards of the state in the U.S.where they will teach;
• Have a good reputation + character;
• Intend to enter the countryfor the specific purpose of teaching full-time at a primary/ secondary school that is accredited; and
• Haveenough proficiency in English to participate in the program.

What Are the Sponsor Requirements for this Visa?

Sponsors are an integral past of the J-visa process. They must review and select qualified alien teachers who can positively contribute to the education of US students and intend enter the country tolearn U.S. teaching methods.  Also, sponsors must monitor the foreign teacher’s stay, make sure that they are adequately performing their teaching duties, and ensure that they are participating in cross-cultural programs where they can educate themselves about the US.

During the application process, sponsors must provide the foreign teacher with the following:

• The length and location/s of the program;
• A basic summary of the coreelements of the program, which includes a statement of the teaching requirements and obligations; and
• A statement providing the details of the compensation packageas well asall other relevant financial arrangements.

As one can see, the requirements of the J-1 visa are complicated, and it is important to consult with an attorney on the viability of the application.  For individuals located in Virginia, find a local immigration lawyer that canhelp you navigate through this process.

What are “F visas” and “M visas”?

“F visas” and “M visas” are for individuals who intend to travel to the U.S. to continue their education. 

In order to apply, applicants must meet the following criteria:

1.       Be enrolled in an “academic”, vocational, or language-training program on a full-time basis;

2.      Be fluent in English or take courses leading to proficiency in the language;

3.      Be financially able to support themselves throughout their stay; and

4.      Maintain their residence abroad

The school must also be approved by USCIS’s Student and Exchange Visitor Program.

Individuals in New York who meet the above-referenced criteria are encouraged to seek the assistance of an immigration lawyer NJ or NY prior to applying.

Who Can Apply For An “F Visa”? 

Individuals who have been admitted at an accredited school in the U.S. and will attend on a full-time basis may apply for an F-1 visa. In order to apply, the program must result in the issuance of a degree, certificate, or diploma and must be authorized to accept international students.

Who Can Apply For An “M Visa”? 

Individuals who have been admitted to a vocational program may apply for an M-1 visa.

What If I’m Currently In The U.S. on a Visitor Visa?

Individuals who are currently in the U.S. on a B-1/B-2 visitor visa, and would like to enroll as a full-time student, may be able to change their status as long as they meet the following criteria:

1. They have not already enrolled
2. Their visitor status has not expired
3. They have not been working during their visit

Individuals who do not meet the above-referenced criteria may apply for a student visa at a U.S. consular post abroad.

May I Work With A Student Visa?

F-1 students may only accept on-campus employment throughout their first academic year. After their first year, they may seek off-campus employment, namely through three training programs:

1.       CPT – Curricular Practical Training

2.      OPT – Optional Practical Training

3.       STEM – Science, Technology, Engineering, and Mathematics

M-1 students, however, may only participate in these programs after they have completed their vocational training.

Please note that in order to work, the student’s job must be related to their respective area of study. Also, the school official in charge of the exchange program must authorize the employment in order for the student to be able to work.  

Individuals in DC should contact an immigration lawyer in DC, Maryland or Virginia prior to applying for a student visa.