Visa Lawyer Blog

Articles Posted in Unlawful presence

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In this blog we are answering 5 of your most frequently asked questions received on our social media platforms and our website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. If you have any further questions, please call our office for a free legal consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust in our law office.

Qualifying for 245i and Adjustment of Status

Q: My ex-husband filed an adjustment of status application on my behalf based on 245i. We separated before we received our initial interview appointment and later divorced. I have since remarried. Can my husband apply for my permanent residence now that we are married?

A: Thank you for your question. Certain individuals who have a qualifying relative willing to file an immigrant visa petition on their behalf, are eligible to adjust their status under 245i Immigration and Nationality Act if they entered the country without inspection (unlawfully) and were the beneficiary of a visa petition or application for labor certification filed on specific dates outline below. Before proceeding with a new green card application, you should make sure you qualify for 245i and have all of the necessary documents to prove your eligibility. 245i applicants must provide documented evidence of their physical presence in the United States and evidence that the visa petition or application for labor certification was filed on their behalf by providing the receipt notice of the petition also known as the I-797 Notice of Action.

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lupe

It is our pleasure to introduce our incredibly skilled operations manager and immigration consultant, Lupe Lopez. If you have called or stopped by our San Diego office for a consultation, chances are you have already met with her to discuss your needs. Throughout her immigration career, Ms. Lopez has assisted thousands of clients with their immigration concerns. There is no situation or immigration story she hasn’t heard and no shortage of extraordinarily challenging cases she has assisted with. Her compassion and empathy working with clients who have faced family separation and other adversities is unmatched.

Ms. Lopez holds over 12 years of experience in the field of immigration legal services. Her expertise includes filing waivers of inadmissibility, I-360 VAWA petitions, removal proceedings, nonimmigrant waivers, business, investment, and family immigration petitions. Ms. Lopez possesses a B.S. in Human Resource Management and a Certificate in Labor Relations. She is currently in the process of becoming Dale Carnegie certified. Aside from serving as an immigration consultant, Ms. Lopez is also our Operations Manager, ensuring that we deliver the highest level of customer service with proven results. She helps train, organize, and improve our operations systems which allow us to gain the customer trust, loyalty, and satisfaction. In her capacity as operations manager, she addresses both internal concerns and client concerns keeping our standards for excellence above our competitors.

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Senate

On October 20, 2015 Democrats in the Senate successfully blocked the Republican backed bill S. 2146: Stop Sanctuary Policies and Protect Americans Act from moving forward with a vote of 54-45. At its core, the bill aimed to hold sanctuary jurisdictions accountable for noncompliance of federal orders including detainment of undocumented immigrants, increasing penalties for individuals caught re-entering the United States after their removal, and providing protection to state and local law enforcement officials cooperating with federal law enforcement officials. The bill was introduced by Republicans after an act of violence took the life of a San Franciscan woman at the hands of an alleged undocumented immigrant with a felony record, who had also been the subject of multiple removals. Public outcry ensued after the city sheriff released the perpetrator despite a federal immigration detainment order. According to Republicans, San Francisco is one of hundreds of sanctuary cities that refuse to comply with federal immigration orders to facilitate the detainment and removal of undocumented immigrants.

Among its provisions, the bill aimed to crackdown on so called ‘sanctuary cities’ notorious for their noncompliance by limiting government funding. By cutting necessary funding, Republicans hoped that this would force cooperation between local law enforcement officials and federal law enforcement officials including ICE officers. Republican Senator Vitter who introduced the bill, argued that the violent crime that occurred in San Francisco was just one example highlighting the magnitude of compliance concerns. According to Vitter, ‘sanctuary cities’ like San Francisco have repeatedly refused to comply with orders of detainment issued by the Department of Homeland Security. Prior to the vote, the White House had warned Senate Republicans that if the bill did pass with the 60 necessary votes, they could expect the President to veto the bill. Although the bill was criticized by Democrats for stereotyping undocumented immigrants and making sweeping allegations against the undocumented immigrant community, the bill raises serious competence and compliance concerns.

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extreme hardship

Yesterday, USCIS released a draft version of what will eventually be used as the policy manual guide of extreme hardship. The policy manual has been created for the purpose of assisting adjudicating officers in making final determinations on the merits of waivers of inadmissibility. Certain aliens, who are found to be inadmissible under specific grounds of the law, can apply for a discretionary waiver in order to adjust their status to permanent residence. In order to do so, the alien must demonstrate their relationship to a qualifying relative (US Citizen or LPR family member) and establish that the qualifying relative would experience an “extreme hardship” in their absence. The policy manual includes guidance relating to general considerations, interpretations of existing law, and adjudication steps that will help consular officers establish whether a waiver of inadmissibility merits a favorable decision and whether the burden of proof has been satisfied by the applicant. The draft highlights important requirements that must be taken into consideration by adjudicating officers when considering the merits of a waiver application. Such requirements include 1) whether the alien has demonstrated that they possess a qualifying relative 2) the presence of an extreme hardship to the qualifying relative and 3) discretionary measures based on the totality of the facts presented. USCIS has invited the public to comment on the draft from now until November 23, 2015.

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