Green Card: Adjustment Of Status When Criminal Conviction

Green card: adjustment of status
A non- US citizen who has a criminal conviction in the United States may still be eligible to adjust status to one of a permanent resident. Every criminal conviction must be analyzed separately and together with the any other criminal convictions that an alien has.
When applying for an adjustment of status, a person is seeking admission to the Unites States.

Sexual Harassment

Sexual Harassment Case

Continuous Presence For Cancellation Of Removal

Continuous Presence For Cancellation Of Removal
You probably have heard that if a person entered the country illegally, “nothing can help him” to obtain legal status in the United States even if she/he marries a US citizen.

Well, it is not quite true. It is very difficult for such a person to obtain a status, to wit: most of the time they cannot adjust their status in the United States without leaving the country, even if they marry a US citizen; but there are some very limited options.

Cancellation of Removal

Cancellation Of Removal For Non-Permanent Residents
Cancellation of removal is one of the forms of relief (defense) from removal (deportation). There can be different types of cancellation of removal: for permanent residents, for VAWA beneficiaries, and for certain aliens covered by special laws, and for non- permanent residents. In this publication, we will discuss cancellation for non -permanent residents.

US Asylum: Application And Process

How To File For Asylum Part IV

WHEN CAN I FILE FOR AN ASYLUM?
A person may file for asylum after he/she entered the United States and is still in the lawful status; when the status expired; when the person is an EWI (entered without inspection); when the person is subject to a 2 year residence requirement after the J-1 visa; when the person was previously ordered removed from the United States. A short answer is: a person may file any time, as many times as there are grounds for it (as long as the application is not frivolous). A person does not need to wait for his/her lawful status to expire to file for asylum.

Always Use an Attorney for Immigration

Immigration to The USA should not even be attempted without the services of an immigration attorney. They laws are complex and take years of study to have a good understanding of. There are also many different methods of arriving in the United States legally as well as staying here. It is imperative that you consult an attorney and give him or her all of the information that pertains to your immigration status. You may not have any alternatives that been denied entry or to leave if you are already here, but at least you will know that. Often if your status is in limbo, the process of applying for a legal status will put your status on hold and you will not be deported, That is, if you are already here in the country. The important thing to remember is that it is the immigration lawyer who will have your interests protected as well as your rights.

The Problem with Papers

It can be very hard to be married to a person who was not a United States citizen. I met my husband working on a restaurant about five years ago. I spoke Spanish, so him and I talked to each other a lot. We ended up falling in love, even though he was an undocumented alien. I thought that if we got married everything would be fine and I was going to be able to help him become a citizen of the United States. I was very wrong, immigration to the USA is not as easy as people think. In order to get my husband legalized in the United States of America, we had to move to Mexico for three years. We have just now came back to the United States after three years of living in Mexico, and my husband is finally getting all his people work together to be a citizen. My example proves that Marrying an undocumented alien can be a headache.

Much Higher Number Of Alleged Harassment Charges

The Equal Employment Opportunity Commission (EEOC) tracks harassment statistics on a yearly basis. Their tracked statistics show the number of charge receipts alleging harassment that they receive every year. Their statistics indicate a much higher number of alleged sexual harassment charges received from 2009 through 2011 than from 2000 through 2007.

Treatment of Detainees in US

Problems with detainees mistreatment in US. Senator Robert Menendez, fighter for immigrant's rights held a speech at a conference.

The Best Immigration Lawyer New York is Here

If you want the best Immigration Lawyer New York law firm then you will want to go here to this website here because it is hosted by these people that know everything about immigration. These people have studied this for a long time so that they are able to work with people on a regular basis with immigration services that will allow them to really enjoy their trip to America. A lot of people want to come to the US but there is only so much room so your best option is to get a law firm that knows every possible way for you to be able to get into the country. There are so many laws that say different things about immigration that you would never know them without hiring this Immigration Lawyer New York law firm that does great work for anyone willing to use them for their service.

What Is E-Verify And Does It Apply In New York?

What Is E-Verify And Does It Apply In New York?

Exchange Visitors Can Apply For a J-1 Visa

Exchange visitors come to the United States on J1 Visas to participate in programs that promote cultural exchange which often involves receiving business or medical training.

Deportation Case Victory

Deportation Case Victory

ARMS Act Lay Groundwork DREAM Act?

ARMS Act Lay Groundwork DREAM Act?

Some US asylum statistics

Some US asylum statistics

Provisional Immigration Waivers May Help Keep Families Together

If implemented, a new proposal to change certain immigration rules by the U.S. Citizenship and Immigration Services (USCIS) may bring relief to immigrant families. The change being considered would allow provisional waivers under the Immigration and Nationality Act prior to leaving the United States for consular processing of immigrant visa applications. To better understand how this works, first you need to understand the current rules.

You can read the whole article here:
Provisional Immigration Waivers May Help Keep Families Together

How prosecutorial discretion relates to cancellation of removal.

Prosecutorial discretion helps cancellation of removal.

DHS deportation policy changes.

DHS deportation policy changes due to deportation escalate.

Can I File My Asylum Application After the One Year Deadline?

Law Publications and Articles by New York Lawyers

Can I File My Asylum Application After the One Year Deadline?

Normally, an application for asylum should be filed within one year of applicant’s last arrival to the United States. INA §208(a)(2)(B). The 1-year period shall be calculated from the date of the alien's last arrival in the United States or April 1, 1997 whichever is later, under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The applicant has the burden of proving by clear and convincing evidence that the application has been filed within 1 year of the date of the arrival in the United States. Also, applications with a filing date on or before April 15, 1998, are not subject to the one-year filing deadlines implemented by the Asylum Division. Although April 1, 1998, is the effective date provided by regulation for those who arrived before April 1, 1997, the then-INS extended an administrative 14-day grace period for applications filed with the INS. This 14-day period only applies to those applications filed in the first 15 days of April, 1998. The Asylum Division now calculates the day of arrival as “day zero.” Important, that the Second Circuit has held that the one-year deadline for applying for asylum does not restart if the alien’s “last arrival” in the United States is the result of a brief trip abroad pursuant to advance parole. See Joaquin-Porras v. Gonzales, 435 F.3d 172 (2d Cir. 2006). This holding applies to cases in the Second Circuit, (New York!) where the alien took a temporary trip abroad pursuant to a grant of advance parole.

An asylum application, Form I-589 is considered to have been filed on the date it is received by the Citizenship and Immigration Services or Court. If the application was mailed within the one-year period but was not received by USCIS within that period, the mailing date will be considered the filing date if the applicant proves by clear and convincing documentary evidence that the application was mailed within the required time period. However, if the application is filed with the Immigration Judge (“IJ”), the filing date is the date when the IJ receives the application. INA §208(a)(2)(B)(ii). The proof need not be “conclusive” or “unequivocal;” if put on a scale, the clear and convincing standard would be somewhere between the “preponderance of evidence” standard (greater than 50% standard, or “more likely than not”) and the “beyond a reasonable doubt” standard used in criminal trials. Asylum officers should avoid trying to place the clear and convincing standard on a particular point on a percentage scale. Clear and convincing evidence does not fall precisely on any point between the “preponderance of evidence” standard and the “beyond a reasonable doubt” standard. Instead, it is the degree of evidence necessary to create a firm belief that the asserted fact is true.

What if an applicant missed the one year deadline? In this case, an applicant should demonstrate that there are changed circumstances or extraordinary circumstances relating to the delay in filing the application. The applicant, however, only needs to demonstrate that it is reasonable for the Asylum Officer or Immigration Judge to conclude that the exception applies under the circumstances. The application must still be filed within a reasonable period of time after the changed circumstances or extraordinary circumstances occur in order to warrant an exception to the one-year bar. For the changed circumstances the “reasonable time” may start running from the time the applicant learned about the changes: this determination is done by the Asylum Office or Immigration Judge....

You can read the whole article here:

Can I File My Asylum Application After the One Year Deadline?

Who is a Child for Immigration Purposes

Law Publications and Articles

Who is a Child for Immigration Purposes

How One Can Bring Their Children to the US to Live With Them

Generally speaking, a “child” for Immigration purposes is an unmarried child under 21 years old. When the Immigration law refers to a “son” or “daughter”, the law means a son or daughter who is married and/or over 21 years old. It is important to know this difference in order to correctly determine eligibility for Immigration benefits.

Children of the US Citizens

When a parent is a US citizen, he or she can petition for their children to come to the US. If a child is unmarried and under 21 years old, the child is considered to be an immediate relative of the US citizen for whom an Immigrant visa number is immediately available. It means that as soon as US citizen’s petition for his or her child gets approved, the child can apply for an immigrant visa, and will receive permanent resident status shortly.

When a son or daughter of a US citizen is over 21years old and/or is married even if under 21, such a son or daughter will have to wait for the immigrant visa number to become available. The wait time varies, and usually takes years. The information on wait time is provided by the U.S. Department of State on a monthly basis, and can be found here: U.S. Department of State Visa Bulletin.

Children of Permanent Residents

A permanent resident likewise may petition for his or her children. However, the children must be under 21 years old, or if they are older, must be unmarried. The wait time for immigrant visas for these categories of applicants is also very long.

You can read the whole article here:

Who is a Child for Immigration Purposes

Defending The Child Pornography Case

Defending The Child Pornography Case

Law Publications and Articles by New York Lawyers

By Anthony J. Colleluori
Law Offices of Anthony J. Colleluori & Associates PLLC
Melville NY 11747

Child Pornography is defined by 18 USC 2256 as "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—

• (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
• (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
• (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct."

The Internet has moved the child pornography business into homes and offices throughout the nation. Prosecutions are up in this area and the US Justice Department, with the support and urging of a number of otherwise disparate political groups, is spearheading this effort. Hence the Federal Prosecution of Child Pornography is a new cottage industry in criminal law.

The Federal Sentencing Guidelines in most cases can cause the possessor of such material to actually serve more time in prison than the person who actually commits acts of violent against, or has sex with children. Sentences of 20 years or more are regularly administered throughout the nation and a five year sentence is the mandatory minimum in Federal Court. Further, certain opportunities to reduce prison terms are unavailable to the "Child Porn" possessing defendant due to the very nature of both the crime and the Internet. Unlike most crimes, here the possessor never meets, nor can he actually identify his potential co-defendants. Recently a local prosecutor wrote to the court that with the exception of one case in seven years of leading Child Porn prosecutions in his district, he had never seen a defendant in one of these cases actually provide a lead that led to the prosecution of another individual. In other words a 5k.1 letter (a letter from a prosecutor advising the court of substantial cooperation of the defendant warranting a reduction of sentence below guideline and even mandatory minimum sentences) is usually not seen in these cases.

Finally the crime is sure to land the defendant on the "Sex Registry" listing which could, under certain circumstances, serve to cause the defendant to be placed into a locked down sex offender therapy unit after his sentence is completed. There is no required release from such a unit. ....

You can read the whole article here:

Defending The Child Pornography Case