Immigration News

CNN Article Shows Importance of Hiring an Immigration Attorney

February 4, 2013 by Matthew

I just read an article on the CNN website. The purpose of the article was to discuss the problems that people who are trying to immigrate to the United States legally are experiencing. One of the examples was a woman who is married to a United States citizen who applied for a green card. After her daughter was born, she traveled to her country so that her daughter could meet her grandparents. When she tried to return to the United States, she was not permitted to enter with her visitor’s visa. Once you apply for a green card, you can no longer enter the United States with a visitor’s visa because you no longer have a visitor’s intent.

What the article fails to mention is that there is a process for an applicant for adjustment of status to travel outside of the United States while their application is pending. Someone in this situation should apply for something called “advance parole.” Had she filed for advance parole before leaving the United States, she would have been allowed back into the country. Unfortunately, too many people foolishly believe that they can do things without an immigration lawyer without realizing the problems that they create for themselves. Because these people tried to do their green card application without a lawyer, their family is now separated.

Republican Achieve Act is Too Complicated

November 30, 2012 by Matthew

This week, the Republicans came up with their alternative to the DREAM Act, which is called the Achieve Act. While I’m impressed that the Republicans have proposed an immigration law that would help people, I think it’s too complicated.

Here are the requirements:

1. Brought to the U.S. before age 14.

2. Not older than 28.

3. Has lived in the U.S. for at least 5 years.

4. No criminal history.

If you meet those requirements, then you can get a W visa to go to college or serve in the military.

If you complete a degree within 6 years or serve for 4 years in the military, then you can get a non-immigrant work visa.

After the 4 years, you could then get a permanent non-immigrant visa that would not enable you to become a U.S. citizen.

My biggest problem with the Achieve Act is that with 3 tiers, it’s too complicated. You really need to be a lawyer to figure this out. Of course, I’m not going to be too critical of the Republicans. At least, they are doing something about immigration. Now that the Republicans have put forth their proposal, it’s time for President Obama and the Democrats to push for the DREAM Act and Comprehensive Immigration Reform.

Woman Prosecuted for Sham Marriage

August 21, 2012 by Matthew

I just came across a news article about a woman who is being prosecuted for immigration fraud because she is alleged to have entered into a sham marriage. As an immigration lawyer in New York City, I often do consultations where individuals reveal to me an intention to enter into a fake marriage to obtain a green card. I always tell them the same thing: DON’T DO IT! It’s against the law. There are both criminal and immigration penalties for entering into a sham marriage to get a green card. In addition to facing a criminal conviction, you can also be barred from having anyone petition for you to obtain a green card and face deportation.

Most of all, I always tell people that if they try to get a green card through a fake marriage, they are going to get caught. A lot of people think that if they have the right documents, they can lie their way through an interview for adjustment of status. What they don’t realize is that the examiners at the U.S. Citizenship and Immigration Service are experts at catching people who have fake marriages. You cannot lie your way through an adjustment of status interview. Eventually, people who try to get green cards through fake marriages get caught. It’s not worth the risk.