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HELPING THE REMOVAL PROCEEDING NIGHTMARE TO BE OVER SOONER! Petition for Alien Relative Relief, Form I-130 and Expedited Relief in Removal Proceedings
Posted by: Glendia Rice
August 30, 2010
Topic: HELPING THE REMOVAL PROCEEDING NIGHTMARE TO BE OVER SOONER!

On August 20^th, 2010 U.S. Immigration Customs and Enforcement ("ICE") issued a memorandum from Assistant Secretary John Morton that will make a non-citizen or alien who is placed in removal proceedings eligible for relief if they have a pending Petition for Alien Relative ("Form I-130 or petition").

Basically, ICE and United States Citizenship and Immigration Services (" USCIS") will now work more efficiently together so that non-citizens placed in removal will either have his and/or her case expedited or dismissed without prejudice. This would occur once ICE verifies that the individual is indeed eligible for the relief.

Detained individuals or aliens eligible for I-130 relief would seek to complete the adjudication of all applications and petitions referred by ICE within 30 days for detained aliens. Once their are no adverse factors there should be prompt move to dismiss proceedings before the Executive Office of Immigration Review ( "EOIR").

Undetained individuals or aliens would have their cases adjudicated within 45 days. Where an underlying application or petition exists and ICE determines eligibility for relief from removal, the case should also be promptly dismissed with EOIR.

The memorandum sums up the standard of review as follows:

Only removal cases that meet the following criteria will be considered for dismissal:

• The alien must be the subject of an application or petition filed with USCIS to include a current priority date, if required, for adjust of status;
• The alien appears eligible for relief as a matter of law and in the exercise of discretion;
• The alien must preset a completed Application to register Permanent Residence or Adjust Stats (Form I-485), if required; and
• The alien beneficiary must be statutorily eligible for adjustment of status ( a waiver must be available for any ground of inadmissibility).

For more information you may contact our office at info@scottcclaw.com or call (703)955.7998.

Glendia Rice-Mondesir

Attorney-at-law

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What Do I Do? I or Someone I Know has been Detained by Immigration ICE Officals!
Posted by: Glendia Rice
August 26, 2010
Topic: What Do I Do? I or Someone I Know has been Detained by Immigration ICE Officals!

A knock at the door and the dreaded happens. All you can think of is why me? An Immigration ICE official is at the door searching for you or your family member/friend. You knew your visa had expired and with valid reason. You ran out of money for school, you can't return to your home country where it is hopeless, destitute and no future exists for you at this time. Plus all your family or friends may be here in the United States. Nonetheless, here you are caught with an ICE official at your door who wants you to surrender yourself and your travel plus visa documents. Although you may have a good reason, U.S. Immigration laws are very strict regarding overstaying visas or falling out of status.

Cooperating with the ICE official is the first essential step in resolving your immigration status problems. Do not resist them for any reason, but promptly retain good aggressive immigration counsel. Foreign Nationals are usually immediately detained, but can be released in as short as 24-48 hours with bond being arranged by immigration counsel.

Determining whether you have good immigration relief is the first step of immigration counsel. There are several immigration waivers and cancellation of removal may be available even if you have a criminal record or encounters with the law on your record.

The overall process starts with an ICE officer coming out. They usually ask that you appear the next morning, or may take you into custody the same day. Once they process you, your attorney through DRO or Immigration court will arrange for bond. Next a Notice to Appear (NTA) is issued and you may be detained at an Immigration Facility until bond is paid. In Virgina, Hampton Roads and Rappahannock Regional Jail are the standard facilities used. Others are currently being opened. Having an attorney enter there appearance through a G-28 helps to ensure you are not transferred to another state. Finally, a court date is set and an immigration judge will then set a date once your immigration relief is identified.

For further information and questions please call (703)955.7998 or email glendiar@scottcclaw.com

Glendia Rice-Mondesir

Attorney-at-law

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Global Love and Relationships- Immigration and Bringing your Life Partner to the United States
Posted by: Glendia Rice
August 25, 2010
Topic: Global Love and Relationships- Immigration and Bringing your Life Partner to the United States

The internet has changed the way we do life. Amongst one of the greatest changes, is the way we socialize and form new relationships. To day nearly 50% of couples who marry initially made a connection on line. Many U.S. Citizens are expanding their horizons to build relationships with individuals from other countries.

If a U.S. citizen desires to bring his or her fianc to the United States, this requires patience and planning from an immigration standpoint. There are several considerations and steps involved.

First, a foreign national from a visa waiver country, such as England, Australia, or Japan must consider opting for a K-1 visa. A foreign national who is not from a visa waiver country needs to insure their immigration intent is very clear before entering the U.S. If the intent is to marry before entering the United States, they will also need to have a K-1 visa approved for travel. However, other options are available if both the U.S. citizen and the foreign national fianc now want to marry and both are already in the United States. It is important to consult with an immigration attorney before marrying, in the later case, to ensure there are no adverse immigration consequences.

Travel back and forth for foreign nationals from visa waiver countries to visit their fianc or boyfriend/girlfriend can present unique problems with Customs Border and Patrol (CBP). Frequent visits by the foreign national fianc will eventually be stopped as CBP tends to believe that the visa waiver program is being misused.

Generally, the steps for acquiring a K-1 visa for individuals from visa waiver countries or standard visa countries are the same. First, an I-129F petition must be approved here in the United States by the U.S. Citizen filing. Once the case is approved, the National Visa Center sends the case for processing at the respective consulate or embassy. To ensure faster processing at the consulate it is important to be aware of the information needed in advance such as police clearance reports.

To have a K-1 visa approved requires demonstrating a clear plan to marry, evidence of bona fide relationship, and complying with the U.S. federal regulations. For further questions you may contact us at (703)955.7998 or (202)296.0122.

Glendia Rice-Mondesir

Attorney-at-law

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What is the Correct Consular Post for Pakistan
Posted by: Glendia Rice
August 20, 2010
Topic: What is the Correct Consular Post for Pakistan

Often our Pakistan Clients Would like to confirm the correct consular post to process visas. The answer is below:

All visa processing happens in Islamabad regardless of where the individuals resides in Pakistan. The other consulate locations only provide services to US Citizens living in those areas. For further information you may contact me at (703)261.6881/202.296.0122 or info@scottcclaw.com.

Glendia Rice-Mondesir

Attorney-at-law

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Deferred Inspections at BWI (Baltimore Washington International Airport), Dulles International Airport or Regan International Airport
Posted by: Glendia Rice
August 19, 2010
Topic: Deferred Inspections at BWI (Baltimore Washington International Airport), Dulles International Airport or Regan International Airport

Your flight has just landed safely, your relaxed and ready to settle down from the hassles of travel, then suddenly you as a non-citizen are met with a surprise from Customs Borders and Patrol (CBP) called "Deferred Inspection".

Once you are not a Citizen of the United States, and you intend to return to the U.S. after being overseas for even a brief visit, CBP redetermines and revaluates if you are eligible for entry into the United States. It is important to note that this includes U.S. Permanent Residents, no matter how long they have resided in the United States. There are a number of reasons why entry may be denied. A deferred inspection is granted to allow non citizens temporary admission into the United States to prove that they are eligible for entry if they produce the required documentation and evidence requested by CBP. CBP provides a date and meeting time in which the individual would be required to come back to the airport. An attorney should accompany the individual. A reputable immigration attorney will be allowed into the deferred inspection meeting, despite the federal regulations not giving the non-citizen an explicit "right to counsel or an attorney". It is a mistake to attend this meeting without legal counsel.

A few reasons why a non citizen individual may be not be admitted into the United States is listed below:

• Any criminal history, even if no conviction has taken place.
• Questioning the underlying basis of a visa
• Abandonment of Permanent Resident Status. If individuals have had very extensive or lengthy visits, CBP could question if status has been abandoned.

Recently a client came into our office and she was given a deferred inspection because her H1B visa was being questioned based on the legitimacy of the underlying company. If the company was found to have immigration issues, the visa would have been revoked.

We have had numerous clients who believed that because they were Permanent Residents of the United States, they could never lose their status. However, due to major changes in immigration law this is farthest from the truth. Permanent residents are always under the possibility of having status revoked for a variety of reasons we do not explain in detail in this article. However, it is highly recommended that if a U.S. permanent resident has any questions or issues regarding any problems that have arisen over the course of his or her residency, they should not hesitate to get legal counsel regarding immigration consequences.

The good news is that deferred inspection allows a non-citizen to address any lingering issues upfront which could pop up later in a citizenship application, or simple renewal of one's green card. CBP's decision to grant entry to the United States and success in a deferred inspection is usually binding for the future, and lays to rest any lingering issues. The non-citizen can be at rest with their status and freely interact with the Department of Homeland Security at various levels whenever needed, including future travel.

If you have any questions, we invite you to contact me at info@scottcclaw.com or 703.261.6881/202.296.0122 .

Glendia Rice-Mondesir

Attorney-at-law

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