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Bond, Entry Without Inspection & The Possibility of Cancellation of Removal
Posted by: ScottMond Law Firm
October 29, 2012

It is well known and established that several people enter the United States illegally in hopes of finding a chance to survive and escape unbearable conditions in their home country. Often this leads to multiple illegal exits and reentries. Eventually, someone in this Entry with Inspection Status ("EWI") may marry a U.S. citizen or have children in the United States and go undetected by the authorities for years and even decades. However, an individual in EWI status may finally be detected by ICE authorities and detained. It is a horrifying reality that haunts a person with EWI status.

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Adjustment of Status in the United States after a Grant of Voluntary Departure
Posted by: ScottMond Law Firm
October 15, 2012

At times, we have clients who come to our office for legal guidance regarding their failure to depart the United States under a grant of Voluntary Departure. For a variety of reasons one may be unable to depart. Eventually, the foreign national may marry and become eligible to adjust status in the United States. However, the individual’s failure to leave the United States as ordered by a U.S. Immigration Judge, can prevent one from adjusting status in this type of situation.

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Understanding When You are Qualified to Self Petition for a U.S. Permanent Residence (Green Green Card) Without a Sponsor
Posted by: ScottMond Law Firm
January 30, 2012

Recently, our office has seen an increase in clients who come to our office after being mislead regarding the immigration process of self petitioning for U.S. Permanent resident status. Specifically, after an I-140 has been filed based the Extraordinary Work or National Interest Waiver (NIW) category, it unfortunately results in very significant Notice of Intents to Deny ("NOID") issued by USCIS which if not overcome, may result in the client being placed in Immigration Removal Proceedings.

The purpose of this blog is to briefly outline when a foreign national may be eligible to take advantage of self petitioning, where a United States sponsor is not needed to become a U.S. Permanent Resident. The following categories are the main individuals who are eligible to self petition:

1. Extraordinary Workers (EB-1 Priority Workers )
2. National Interest Waivers (EB-2)
3. Religious Worker
4. Abused Spouse- VAWA (Domestic Abuse)
5. U visa - Victim of a Crime
6. Death of U.S. Spouse before the application process is complete.
7. Special Immigration Juvenile Visa

The first three categories are based on an individual's work, occupation and/or contribution to the National interest. The last four are based on particular facts and circumstances. Below are simplified definitions that if you believe you or your family meet the criteria, it is important to into consult with an experienced immigration lawyer as you may be eligible to self petition for U.S. Permanent Status.

EB-1 Category:

A foreign national individual with extraordinary ability in sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation may self petition. INA Sec. 203(b)(1)(A), 8 U.S.C. Sec. 1153(b)(1)(A).

Outstanding Professors and Researchers

If one is recognized internationally as outstanding in a specific academic area, has 3 years experience in teaching or research in the academic area,(experience in teaching or research while working on advanced degree may be counted if degree is acquired), and the person had full responsibility for the class taught, or the research has been recognized as outstanding in the academic field, he or she may be eligible. 8 C.F.R Sec. 204.5(i)(3)(ii).

Multinational Executives and Managers

INA Sec.203 (b)(1)(C); 8 U.S.C. Sec1153(b)(1)(C) states if you are employed abroad for one year (in last 3 years) by a corporation in a Multinational Executive or Managerial role and ownership and control meets the Federal Regulation guidelines you may be pre-certified and eligible to self petition.

EB-2- National Interest Waiver

If the U.S. government believes it is in the National Interest to waive the mandatory requirement of applicants having a labor certification and job offer, USCIS may do so. This category has stringent requirements to demonstrate that an applicant's skills, education, experience and talents are in the national interest to waive the needed for a U.S. Sponsor.INA Sec. 203(b)(2)(B); 8 U.S.C. Sec.1153(b)(2)(B).

Special Immigrant Religious Worker

A U.S. Employer or foreign national may file a self petition for one who seeks to enter the United States to be employed full time by a bona fide nonprofit religious organization in the United States (or a bona fide organization that is affiliated with the religious denomination in the United States) to work solely as a minister, religious vocation either in a professional or nonprofessional capacity, or in a religious occupation either in a professional or nonprofessional capacity.

Self-Petitioning Battered or Abused spouse or Child of a U.S. Citizen or Lawful Permanent Resident

One may also self petition for immediate relative or family sponsored immigrant classification if you or someone you know is the spouse of a Permanent Resident or U.S. citizen and have been battered or the subject of extreme cruelty.

U VISA

Generally speaking, U nonimmigrant status is an immigration option for even undocumented immigrant adults or children who have been victims of certain serious crimes and cooperate in reporting the crime. Eventually, adjustment to a U.S. Permanent Resident Status may occur.

Widow/Widower of a U.S. Citizen

If a foreign national was married to a U.S. citizen who is now deceased and who was a U.S. citizen at the time of death, and the spouse died within the last two years, he or she may eligible to self petition.

Special Immigration Juvenile Visa

If a child is present in the U.S., unmarried and less than 21 years of age, has been declared a dependent upon a juvenile court, or is under the custody of an agency, department of state or juvenile court and it is in the best interest that the minor child not be returned to his or her last habitual residence of his or her parent's country, the child may self petition.

If you believe that you or someone you know is eligible to self petition you may contact our firm with your questions atinfo@scottcclaw.com or call us at one of our office telephone numbers conveniently listed at www.scottcclaw.com.

ScottMond Law Firm

www.scottcclaw.com

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When Applying for U.S. Citizenship Can Become Your Worst Nightmare
Posted by: ScottMond Law Firm
August 18, 2010

Traditionally, applying for U.S. Citizenship has been thought of as a simple "walk in the park". The process of a permanent resident filing a N-400 with U.S. Citizenship and Immigration Services after 3-5 years of continuous residence in the United States seemsinnocent enough. However did you know that an application for citizenship could result in a permanent resident being removed from the United States, especially under tougher U.S. enforcement scrutiny?

During this past year clients of ours were placed in removal proceedings when they independently, without counsel, filed for U.S. Citizenship. Some of the reasons included the following:

• Change of Marriage Status. Failure to report to U.S. Citizenship and Immigration Services (USCIS) that they had been married during the processing of their application-even though the marriage only lasted one year and they were approved for U.S. citizenship after the divorce.
• Simple Criminal Charges. Clients who felt a simple shop lifting theft, or dismissal of prior old charge would never be considered were placed in removal proceedings.
• Grandfathering and Bona Fide Marriage. Clients have even been placed into removal proceedings if their underlying marriage was subjected to the Bona Fide Marriage test "again".
• Misstating Taxes. This called a recent client's character into question and the denial of citizenship, with other problems mounting.

Before applying for citizenship always consult counsel. Even innocent misunderstandings of the law can result in a nightmare if USCIS deems a Permanent Resident Applicant to have violated the Federal Regulations.

ScottMond Law Firm

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