Case Status Update, UPDATE: BIA Remands I-130 For New Decision; Immigrant Visa Approved after I-601A Waiver

Shapiro Law Firm | Case Status Update UPDATE

Client Re-Enters US as a Permanent Resident after Approval of Unlawful Presence Waiver and Immigrant Visa Interview Abroad – We are so happy to announce a case status update UPDATE for a client, (hereinafter, client “X”), a native and citizen of Ecuador, who recently reentered the U.S. as a Permanent Resident after initially entering the country without inspection (EWI) and remaining here unlawfully for over a decade.

X has been married to a naturalized U.S. Citizen for almost as long as she was in the country and the pair of 4 U.S. Citizen children together. X’s husband filed an I-130 petition for his wife, that was easily approved, but X was unable to adjust her status in the U.S. because of her illegal entry. She thus had to apply for a I-601A Unlawful Presence Waiver based on the Extreme Hardship to her U.S. Citizen Spouse.

X appeared to have a strong waiver case since she suffered from a serious brain aneryeiusm, but the catch is that the extreme hardship has to be to the U.S. Citizen relative, NOT to the immigrant. So, we had to show how the separation of X’s husband from her, in light of the fact of her serious medical conditions, was psychologically devastating to her husband and her children, amongst under factors.

After a tense waiting period, the Waiver was approved but the work was not done! Fortunately, the I-601A Waiver only requires the immigrant to be out of the country for a few weeks (as opposed to an I-601 Waiver of Inadmissibility, which cannot be filed until the Applicant leaves the country, and then he or she has to wait outside the U.S. while the application is adjudicated, which can take over a year and there is no guarantee that it will be approved), but there is never a guarantee that the immigrant will pass the interview and be allowed to re-enter.

X passed her interview with flying colors and is back in the U.S. legally for the first time in her life! We wish her and her family the very best and look forward to filing for her citizenship in a few years!

Board of Immigration Appeals (BIA) Remands I-130 Immigrant Visa Petition to USCIS for New Decision After Successful Appeal of Denial – We have another case status update UPDATE to report on, for a client, (hereinafter, client “Y”), a native and citizen of The Gambia. Y’s U.S. Citizen Husband filed a Marriage Petition for Y that was denied. Y and her husband came to us after the denial, but within the time period to appeal. Y and her husband did not use an attorney initially to file or to attend the interview with them and it was clear from the denial that it should have been approved considering the denial cited “discrepancies” in interview answers that did not meet the definition of a “discrepancy” and failed to consider much of the submitted bona fide marriage evidence.

We submitted the appeal and the Department of Homeland Security (DHS) filed a motion to remand the decision back to USCIS to re-consider the denial. The BIA agreed with us and with DHS that a remand was proper and now the case is back with USCIS and a new decision, aka an approval should be rendered shortly. As always, until we receive the physical approval notice, our fingers remain crossed!

BIA Decision to Remand I-130 Petition

Check back next week for more Case Status Updates from the last month!

**If you need help obtaining humanitarian parole for yourself or someone who is currently outside the United States, contact an experienced immigration attorney at The Shapiro Law Firm today to get started!**

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

WYRWTK | Episode #16 | Am I eligible for Cancellation of Removal? If so, how do I apply?

Transcript: Hi, I am Attorney Shapiro, today on “What You Really Want to Know,” we answer the question, “Am I eligible for Cancellation of Removal, and if so, how do I apply for it?”

The answer is, it depends!! There are 2 types of cancellation of removal- one is for permanent residents and the other is for non-permanent residents. Today’s episode will focus on non-permanent resident cancellation of removal. This category applies to people who do not have a Green Card. You may be out of status or have never had legal status at all in the United States, such as a person who entered the country unlawfully.

Cancellation of Removal is a form of relief from removal. If it is granted, you will be able to get a Green Card. So in order to apply, you must be in removal/ deportation proceedings. These proceedings are initiated by the Department of Homeland Security (DHS) by serving you with a Notice to Appear in Immigration Court.

Once you are in Removal Proceedings, if you are eligible for cancellation of removal, you will then file the application with USCIS and then serve copies of the application on the Immigration Judge and DHS along with the supporting evidence. The Immigration Judge will then schedule you for an individual hearing where you will present your evidence and testify regarding your eligibility for each factor.

To be eligible for cancellation of removal for non-permanent residents, you must be able to prove all of the following:

1. That you have continuously resided in the United States for at least 10 years. The 10 years is measured from the date of your entry until DHS issues you a Notice to Appear (with some exceptions*);

2. You have a qualifying U.S. Citizen or Lawful Permanent Resident relative – this can be a spouse, parent or child under the age of 21;

3. Your qualifying relative will suffer an exceptional and extremely unusual hardship if you are ordered removed from the United States;

4. You have no criminal convictions that render you inadmissible or deportable, and;

5. That you are a person of good moral character and that your case warrants a favorable exercise of discretion.

Convincing the Immigration Judge to grant your application for cancellation of removal requires a lot of hard work and strong evidence. The fact that you have been here over 10 years and have U.S. Citizen children who have never been to your country will not suffice! The hardest requirement to meet is the exceptional and extremely unusual hardship to your U.S. citizen relative, which requires you to prove that your relative will suffer a hardship above and beyond that which the average qualifying relative would suffer, and that they will suffer this hardship if they remain in the United States without you AND if they leave the country with you.

Before we file cancellation of removal applications for clients, we ensure that he or she meets all of the eligibility requirements and can present a strong case to the Immigration Judge. If you think that you may be eligible or are in removal proceedings and need help to determine what relief for removal is available to you, contact us today.

That is all for this episode of “What You Really Want to Know,” thanks for watching!

**Attorney Advertising** Please be advised that that all information provided above is general in nature and does not create an attorney-client relationship.**Attorney Advertising**

Case Status Update: Approvals: Asylee Green Card, VAWA Green Card, Work Permits (EAD)

PART 2 OF CASE STATUS UPDATE:

Asylee Green Card Approved – We also received an approval notice for an Asylee Green Card for a client, (hereinafter, “R”), a native and citizen of Mali. R obtained status as an asylee after his wife was granted asylum by the Immigration Judge. R was initially the main asylum applicant and was granted voluntary departure in 1996 but never departed the country.

In 2009, R and his wife filed a joint motion with DHS to reopen their removal proceedings and it was granted to allow R’s wife to file a new asylum application. In 2016, R’s wife’s asylum application was granted and a year later they both applied for Green Cards. R’s wife is still waiting for her Green Card to be approved but the couple, who have 4 U.S. Citizen children, are so happy that after over 20 years, R finally has a Green Card!

I-797, I-485 - Application to Adjust Status to Permanent Resident Approval Notice

Asylee Travel Document Approval – We also received an approval for a refugee/asylee travel document for R that we had filed before his Green Card was approved because he had an emergency and needed to temporarily go aboard. Technically, R no longer needs a travel document to travel abroad and re-enter the United States because he can do so freely with his Green Card. The Asylee Travel Document is useful for a Permanent Resident if he or she no longer has a valid passport of his or her country of citizenship since one does not need a passport to travel abroad with an asylee travel document.

I-797C, I-131 Application for Travel Document

I-485 approval (VAWA Beneficiary + EWI) – Next approval is for our client, (hereinafter, “T”), a native and citizen of Senegal, initially entered the U.S. without inspection (EWI) in 2005. T married a Permanent Resident in 2009 and had a son with him. Years later, T’s husband starting acting differently towards her when he decided that he did not want her to leave the house and would act physically violent towards her in an attempt to control her. T reached her breaking point when her husband assaulted her and broke her phone so that she could not call the police. T obtained a Family Court Order of Protection against T and received help from a non-profit victim assistance organization called Safe Horizon. We then helped her file a VAWA petition and a Green Card application.

T and her U.S. Citizen son are now safe and relieved that T is a Permanent Resident. Remember, you can file for VAWA even if you do not have proof of your entry into the U.S. or if you entered illegally!

I-797, I-485 - Application to Adjust Status to Permanent Resident Approval Notice

Green Card Approval for Spouse of Lawful Permanent Resident – Our final Green Card (I-485) approval notice from the last couple of months is for a client, (hereinafter “Q”), who is native and citizen of Mali. Q entered the U.S. in 2004 with a B-2 Visitor Visa. Her Green Card was based on an approved marriage petition filed by her Lawful Permanent Resident Spouse.

I-797C, I-485 - Application to Adjust Status to Lawful Permanent Resident Approval

Initial Work Permit (EAD) Approvals for Asylum Applicants – We have received a large number of first time applications for employment authorization approved for asylum applicants Below are the approval notices and the country of nationality or citizenship each client is from:

Native and Citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Native and Citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Native and Citizen of Indonesia:

Form I-797, I-765 Approval Notice

Native and Citizen of Indonesia:

Form I-797C, I-765 Approval Notice

Native and Citizen of Indonesia:

Form I-797C, I-765 Approval Notice

Native and Citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Native and Citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Native and Citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Native and Citizen of Indonesia:

Form I-797, I-765 Approval Notice

Native and Citizen of Cote d’Ivoire (Ivory Coast):

Form I-797C, I-765 Approval Notice

Native and Citizen of Cote d’Ivoire (Ivory Coast):

Form I-797C, I-765 Approval Notice

Asylum applicants can apply for work permits 180 days after their asylum application was received by USCIS. These Work Permits (EAD) are now valid for 2 years and can be renewed if the application is still pending. Renewals are common today as the wait time for an asylum interview and for immigration court (if your asylum application is not initially approved) is averaging 3 years or more.

We wish all of our recently-approved clients the best of luck!

**If you need representation in Removal/ Deportation proceedings or with help filing for immigration benefits, contact an experienced immigration attorney at The Shapiro Law Firm today to get started!**

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Approvals: H-1B+ Dependents, I-130s, DACA Renewal, I-751, VAWA Green Card

A long overdue case status update! The Shapiro Law Firm has been very busy over the last couple of months and the approval notices have piled up! This means lots of happy clients! Here is a rundown of the latest approval notices that we have received:

H-1B Renewal & H-4 Dependents Approvals – First up is an approval notice for an H-1B (and H-4) renewal. The employer is a successful tech company and the employee, (hereinafter “X”) is a native and citizen of France. X is been in the U.S. with his wife (a native and citizen of Vietnam) and his two sons (one is also a native and citizen of France and his other son was born in the U.S. this year).

We also filed for a foreign labor certification for X that was approved earlier this year. Now that X’s H-1B renewal is approved, X and his employer can focus on filing the Immigrant Visa Petition for an Alien Worker so that X can concurrently file for his employment-based Green Card. If X or his employer choose not to pursue the Green Card, X will not be able to renew his H-1B again (you can be in the U.S. for a maximum of 6-years as an H-1B Visa Holder) and will have to leave the country when his H-1B expires in a few years. X’s H-1B Renewal Petition was not subject to the annual H-1B cap.

I-797C, I-129 Petition for a Nonimmigrant Worker Approval Notice

I-797C, I-539 - Application to Extend/Change Nonimmigrant Status Approval Notice

Petition to Remove Conditions on Residency for Abused Spouse and Son Approved – Next is an approval notice for an I-751 Petition to Remove Conditions on Permanent Residency for a client, (hereinafter, Y”), and her son who are natives and citizens of Jamaica. Y’s had to self-petition to remove the conditions on her residency after she was subjected to extreme cruelty by her U.S. Citizen Spouse.

Y met her U.S. Citizen Spouse in 2008 on the F Train and married 3 years later. Y and her son received her Conditional Residency in May of 2012 based on the Marriage Petition filed by her U.S. Citizen Spouse. Everything was going great between Y and her husband until shortly after they got married when Y’s behavior began to change. He became extremely jealous and controlling and act out in public by yelling at Y if another man even looked at her. He would not even let Y travel to Jamaica to see her family without him. Y’s husband’s behavior escalated from verbal abuse to physical abuse very quickly, at one point violently slamming a car door on her leg, leaving bruises. Despite their marital woes, Y did not know where to turn for help so she tried to make it work with her husband. In May of 2014 Y filed her first I-751 as a joint petition with her husband. While the I-751 was pending, Y’s husband’s behavior continue to get worse, his verbal threats became death threats and he continued to use more and more physical force against her. Y was so fearful that she stopped going home after work, opting to sleep at friend’s houses or sit in the 24 hours Dunkin’ Donuts across the street. Y finally had the last straw when her husband took away her keys and phone and changed the locks without her knowing.

In February of 2015 Y attempted to file a Family Offense Petition against her husband but it was dismissed at the first appearance because why was unable to miss work to attend. In April of 2015, Y started to get concerned that she did receive any correspondence from USCIS and asked her lawyer if there were any updates. Y eventually learned that her I-751 was denied in July of 2015 after she did not respond to a Request For Evidence. Y’s husband hid the correspondence from USCIS. Y was confused why her attorney failed to inform her of the denial. Shortly thereafter, Y contacted The Shapiro Law Firm after her cousin met Attorney Shaffer and discussed Y’s case. Attorney Shaffer said that something did not sound right because Y’s attorney should have also received all of the correspondence from USCIS and should have appeared in Family Court for Y to request an adjournment so the case was not dismissed. Attorney Shaffer quickly learned that Y’s attorney was disbarred in 1999! Y immediately hired us and switched attorneys upon learning this information. We then re-filed Y’s Family Offense Petition and the I-751 as a self-petition based on the abuse suffered by Y at the hands of her U.S. Citizen husband. The family court granted the family offense petition for Y, and although we re-filed the I-751 as quickly as possible, Y and her son were placed into Removal/ Deportation Proceedings as a result of the initial I-751 denial. Now that the I-751 was approved, we have filed a motion to terminate removal proceedings with the immigration court which should be promptly granted.

I-797, Notice of Removal of Conditional Basis of Lawful Permanent Residence

Marriage Petition (I-130) Approval for Spouse of U.S. Citizen after Stokes Interview –Another I-130 immigrant visa approval for a client, (hereinafter, “U”), a native and citizen of Mali. U and his wife did not use an attorney to file the applications and came to us for help after they attended their first marriage interview and were told they would receive a request for evidence in the mail, but did not receive any further correspondence from USCIS for over a year!

We personally delivered a letter to the interviewing officer and a few weeks later U and his wife were scheduled for a Stokes Interview. We accompanied the couple to the Stokes Interview and a few days later we received the approval notice in the mail! U should receive his Green Card as soon as his background and security checks are complete. U and his wife have been married for over 2-years so U will receive a 10-year Green Card.

Notice of Approval of Relative Immigrant Visa Petition

Marriage Petition (I-130) Approval – We also received an I-130 marriage petition approval notice for the spouse of a U.S. Citizen (hereinafter, “S”). S is a native and citizen of Mexico. S entered the country without inspection (EWI) so he now needs to file a I-601A waiver for his unlawful entry. An I-601A waiver, known as the Provisional Unlawful Presence Waiver is based on the extreme hardship that certain U.S. Citizen and Lawful Permanent Spouses and/ or Parents of the Applicant would suffer if he or she is unable to obtain legal status. Once the waiver is approved, the applicant must depart the U.S. for his or her visa interview at the U.S. Embassy/ Consulate abroad.

The nice thing about this waiver, as opposed to other waivers of inadmissibilities is the Applicant will not have to depart the country until the visa interview is scheduled, and thus will only be out of the country a few weeks. Other waivers require the applicant to first depart the country then file the waiver and wait outside the U.S. while it is adjudicated, which can take 6 months to a year or more!

S’s waiver will be based on the extreme hardship to his U.S. Citizen wife and they are very eager to start the next step in the process of obtaining S’s Green Card.

I-797C, I-130 Petition for Alien Relative Approval

DACA Renewal Approved – We also received an approval notice for a Deferred Action for Childhood Arrivals (DACA) Renewal for a client, (hereinafter “Z”), who is a native and citizen of Indonesia. Remember, you only have until THIS THURSDAY OCTOBER 5 to send your DACA renewal applications to USCIS before they stop accepting the applications. It MUST BE RECEIVED by OCTOBER 5! Call us immediately if you need help filing!

Fortunately for Z, although this will be the last time she can renew her DACA, she already has an approved I-130 petition filed by her LPR Step-father and just finished the Consular Visa Processing. As soon as Z’s visa interview is scheduled in Jarkata, she will leave the U.S. for the interview, and if all goes according to plan, she will re-enter the U.S. as a Lawful Permanent Resident!

I-797C, I-821D Approval Notice

Green Card (I-485) Approval for VAWA and (previous) Withholding of Removal Beneficiary – We also received an approval for a Green Card for a VAWA and Withholding of Removal Beneficiary who is native and citizen of Mali (hereinafter client “W”). W entered the U.S. in 1998 with a B-2 Visitor Visa to join her husband, who previously fled Mali and was eventually granted asylum.

W applied for asylum long after the 1-year filing deadline so she was placed into removal proceedings, eventually the court granted her Withholding of Removal in 2012. Around the same time, W’s husband adjusted status to a permanent resident based on his asylee status and then filed a marriage petition on W’s behalf. Unfortunately, shortly thereafter, W’s husband started to abuse her and he was arrested on domestic violence charges and W obtained an order of protection against him. W left her husband so we filed a VAWA petition for her. Once the VAWA petition was approved, we filed a joint motion with DHS to terminate W’s Removal Proceedings so she can apply for a Green Card! W is thrilled to finally be a Lawful Permanent Resident!

I-797, I-485 - Application to Adjust Status to Permanent Resident Approval Notice

We wish all of our recently-approved clients the best of luck!

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Approvals: Naturalization & Work Permits

Naturalization Application Approved – Two weeks ago attorney Shaffer attended a naturalization interview with a client, (hereinafter, client “X”), a native and citizen of Haiti. X aced his interview and will officially be a U.S. Citizen when he takes his oath of allegiance at his upcoming Naturalization Ceremony. X is excited to finally become a U.S. Citizen! Congratulations!

Naturalization (N-400) Interview Approval

Work Permit Renewal Approved for VAWA Recipient – Last week we received an approval notice for an Employment Authorization Document (EAD), (hereinafter, Client “Y”), who is a native and citizen of Nigeria. This is a renewal work permit for Y and is based on his pending Violence Against Women’s Act (VAWA) and concurrent Green Card applications. Y came to the U.S. in 2015 with a B1/B2 Visitor Visa and married a U.S. Citizen shortly thereafter. Y’s good faith marriage came to an abrupt end when his wife and a few friends maced him and stole his wallet when he refused to give her more money. Y had to be treated at the hospital and thankfully is doing much better.

Although this horrific incident forced him to separate from his wife, he is clearly a victim of domestic abuse and thus was able to keep open his Green Card application by filing a VAWA petition.

Form I-797, I-765 Approval Notice

Work Permit (EAD) Approvals for Asylum Applicants – We received work permit approval notices for five more clients who are asylum applicants:

Our first client, (hereinafter “Z”), is a native and citizen of Nigeria. Z, her husband and son entered the U.S. about a year ago with a B2 Visitor Visa and quickly filed for asylum. Z and her family are currently waiting for their asylum interview.

Form I-797C, I-765 Approval Notice

The second client, (hereinafter “W”), is also a native and citizen of Nigeria. W and her family also came to the U.S. in 2016 and filed for asylum within a year of their entry.. W and her family initially had their work permits approved back in February, but their EAD cards were stolen from their mailbox. As a result, W and her family were forced to file for a replacement EAD. W and her family are also waiting for their asylum interview.

Form I-797C, I-765 Approval Notice

The work permits allow W and Z (and their family members who applied) to work legally in the United States while they both await their Asylum interviews. Current wait times for Asylum interview if you live in the New York, NY area is about 2.5 – 3 years.

Our third client, (hereinafter, “V”), is a native and citizen of Ghana. V first came to the U.S. as a child in 1994 and continuously resided here until 2011 when V decided to return to Ghana to see his 95-year-old Grandmother before she passed away.

Back in Ghana, V became active in an opposition political party. It was not long before the government came after V and his friends who were attempting to bring to light government abuse and corruption. Fearing severe bodily harm and death, V fled Ghana and attempted to re-enter the U.S. with someone else’s passport. At the airport, V immediately admitted that he did not have permission to enter the U.S. and was detained by immigration and given a credible fear interview. Upon finding that V had a credible fear of returning to Ghana, V was released from detention. He subsequently filed for asylum and withholding of removal and placed into removal/ deportation proceedings.

Despite having a strong Withholding of Removal claim and an approved marriage petition filed by his U.S. Citizen wife, V faced many inadmissibility hurdles, including possible fraud and misrepresentation, so in November of 2015 V’s removal proceedings were administratively closed.

Although V does not have a future court date, he is still considered “in removal proceedings,” which means that his asylum application is still pending, allowing him to apply for EAD renewals.

Our last work permit approval for an asylum applicant is a client, (hereinafter, “T”), a native of Niger and citizen of Mali. T entered the U.S. without inspection in 1997. T, a victim of the horrific practice of Female Genital Mutilation (FGM), did not apply for Asylum until 2013, so she was referred to the Immigration Court after her Asylum interview earlier this year. Since T did not file within the 1-year filing deadline, she will not be eligible for asylum, but will be eligible for Withholding of Removal. T is also a mother of 5 U.S. Citizen children and is looking to file an application for Cancellation of Removal for non-Lawful Permanent Residents. While T waits for her first hearing before the immigration judge, she will be able to legally work.

Work Permit (EAD) Approval for Applicant for Cancellation of Removal for Non-Lawful Permanent Resident– Last week we also received a work permit approval for our client, (hereinafter “U”), who is a native and citizen of Trinidad & Tobago. U entered the U.S. in 2000 with a B2 Visitor Visa. U and her husband applied for asylum after the 1-year deadline passed and were thus placed into removal/ deportation proceedings. U then submitted an application for cancellation of removal for non-lawful permanent residents based on the extreme hardship to her U.S. Citizen children. Last year, the Immigration Judge administratively closed U and her husband’s case. As with asylum applications, U’s cancellation application remains pending, allowing her to renew her work permit as needed.

I-797C, I-765 Approval Notice

We wish all of our recently-approved clients the best of luck!

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

What You Really Want to Know | Episode #11 | I just received a Notice to Appear (NTA) in Immigration Court. What is it and what does it tell me?

Transcript: Hi, I’m Attorney Shaffer. Today on “What You Really Want to Know,” We answer the question, I just received a Notice to Appear in Immigration Court, what is it and what does it tell me?

This is the first notice that you receive from the Department of Homeland Security that lets you know that the government is trying to kick you out. It is an extremely important notice that is going to guide the rest of the Removal Proceedings. So it is important to understand what is in it and oit can be broken down into several sections.

*If you are viewing this video on our website, if you scroll down, you will see the Notice to Appear that I am referring to blown up into different sections with the explanation of what each section is alongside of it.*

This is a redacted to Notice to Appear and I broke it down into 6 different sections:

1. Your Biographical Information – it is going to have your:

Name and any other names that you are known by
Alien Registration #
Date of Birth
Current Address
Phone #

Notice to Appear (NTA) in Immigration Court - Section 1

2. Nature of Proceedings – There are 3 options here and the government will choose one. This is extremely important because it discusses how you entered the country and the way you entered the country (or how the government believes you entered the country) can have an effect on what type of relief you are eligible for:

1. Arriving alien = not admitted, stopped at border

2. Alien present in US without permission or parole = Enter Without Inspection (EWI) or someone who crosses the border

3. You have been admitted to US but are removable for the following reasons:

This category includes:

1. People who overstayed their visas, and;

2. People who are in legal status but violated the terms of status (for example, by committing a crime or a person here on a F-1 student visa drops below a full course load)

Notice to Appear (NTA) in Immigration Court - Section 2

3. Factual Allegations:

1. You are not a U.S. citizen or national of the United States.

2. You are a native and citizen of your whatever country or countries the government believes that you are from.

3. You entered the country on a certain date and through a certain city and whether or not your entry was authorized and if so, for what period of time.

4. The alleged reason(s) why you are removable. This is the meat of the Notice to Appear- why the government says that they can kick you out. (This could include criminal convictions against you, remaining in the U.S. beyond the authorized period of stay, or not having a valid visa to enter the United States.)

Notice to Appear (NTA) in Immigration Court - Section 3

4. Charges of Removability – This is where the government will cite to the section of the Immigration & Nationality Act that they are alleging that you violated.

Notice to Appear (NTA) in Immigration Court - Section 4

5. Date & Place of Proceedings – This will tell you when and where you have to appear for your first hearing in Immigration Court. A lot of times, just as in the sample notice that I am using, this section will either be blank or say TBD (to be determined). If that is the case, you will receive another notice in the mail advising you of when and where your proceedings will be.

Notice to Appear (NTA) in Immigration Court - Section 5

6. Legal Warnings and Certificate of Service – Tells you about consequences of failure to appear, your right to an attorney. The Certificate of Service will be filled out by government to prove that they provided this notice to you.

Notice to Appear (NTA) in Immigration Court - Section 6

If you receive a Notice to Appear (NTA), what should you do?

Immediately contact an experienced immigration attorney today. You have the right to defend yourself against deportation. The government is required to prove all of the charges contained in this document before they can actually and physically remove you from this country.

You also have the right to prove that even if you are removable, that you are eligible for some sort of relief from removal. Only an experienced immigration attorney can help you determine what your best options are, and what if any, relief is available to you.

That’s all for this episode of “What You Really Want to Know,” thanks for watching!

**Attorney Advertising** Please be advised that that all information provided above is general in nature and does not create an attorney-client relationship.**Attorney Advertising**

#ImmigrationWatch2017 | Topic #2: Immigration Attorney Opinion: A Presidential Pardon is NOT going to protect illegal immigrants from a Trump administration.

By Transition 2017 - https///www.youtube.com/watch?v=rVzJBEYtFKU, CC BY 4.0, https///commons.wikimedia.org/w/index.php?curid=53071112

Lately, there has been a lot of talk that President Obama may issue a pardon for certain immigrants present in the U.S. illegally before he leaves office to protect them from deportation. Much of this talk has centered around DACA recipients and other undocumented immigrants who have no criminal history and other positive good moral character traits. The idea is to protect these people from deportation at the hands of the incoming Presidential administration, an action of which is promised by President-Elect Trump, although it is unclear as to what extent he will carry out deportations when he takes office next year.

A presidential pardon can forgive an individual accused or convicted of committing certain federal criminal offenses. Can the President forgive violations of the Immigration and Nationality Act (INA), a civil statute? If yes, is it constitutional issue such a broad pardon?

For argument’s sake, let’s assume that a presidential pardon of immigrants illegally present in the United States is Constitutional (an issue outside the scope of this post, and as this author will explain, an issue that need not be addressed at all). What really matters here, is will Obama be able to protect illegal immigrants from being kicked out of the United States by pardoning certain immigration violations?

In this Immigration Attorney’s opinion, probably not. The problem is, even if President Obama can issue pardons to specific undocumented individuals in accordance with his constitutionally delegated powers, he does not have the authority to grant anyone legal status without Congress passing legislation, and The White House has repeatedly stated that it will not violate the Constitution in this respect. So why will this not work without Congress?

Let’s break down the definition of an “illegal immigrant” in order to better understand the issues at play here. There are two main aspects to legal status in the United States: the entry and the period of authorized stay.

To enter the United States legally as a non-citizen, one must present a valid travel document at the border (generally in the form of a visa). Every nonimmigrant or immigrant admitted to the United States is given a specific period of time that he or she can legally remain in the country before he or she must depart.

Depending on the type of visa, the period of authorized stay will be based on time and/ or compliance with certain terms (for example, a person who enters the U.S. with a F-1 student visa will be authorized to remain in the U.S. for the duration of status (D/S), as long as he or she complies with the terms of the F-1 visa, he or she will be in status without respect to how long he or she is here. While a person who enters the U.S. with a B-1/B-2 Visitor Visa is given a specific date to depart the U.S. on (usually 6 months from entry).

With that in mind, here is an example of how such a pardon would play out in the real world:

Person X, a non-U.S. Citizen, illegally crossed the U.S. border without authorization in 2002;
Entering the United States Without Inspection (EWI) means that X can be found in violation of Immigration and Nationality Act (INA) § 212(a)(6)(A), for being present in the United States without admission or parole;
President Obama issues a presidential pardon for anyone who entered the United States in 2002 and is removable from the United States under INA § 212(a)(6)(A);
So X’s EWI is now forgiven by the presidential pardon.
But what does this actually mean for X, specifically X’s immigration status in the United States?
It means nothing. Such a pardon does not confer any lawful status on X, nor does it prevent a future administration from placing X into deportation on some other grounds, and arguably even the same ground, because even with the pardon, technically everyday that X remains in the United States, he is continuously violating U.S. immigration law.

There are other issues with granting a Presidential Pardon to illegal immigrants, but the other issues need not be addressed at this time, because it is irrelevant in light of the fact that such a pardon would not be able to accomplish the underlying goal of protecting illegal immigrants from deportation and/ or grant them legal immigration status.

Immigrant advocates should place their emphasis on alternative protections.

*If you need help remaining in the United States or obtaining lawful status, contact us today to find out if we can help.*

Immigration Attorney Fact Check: "Anchor Babies" – Are people crossing the border in droves just to give birth in the U.S.?

Fact Check - Immigration Edition

What are “anchor babies?” “Anchor Babies” is s term used to describe the situation where a pregnant woman crosses the U.S. border illegally in order to give birth here on the hopes of then being able to obtain lawful status in the United States. It is a derogatory term that is used to tear at the foundation of the 14th amendment which allows U.S. Citizenship, known as a “birth-right,” for any person born within the borders of the U.S.. Many anti-immigration advocates, most notably of late, Mr. Trump, point to the influx of Anchor Babies in the U.S. as evidence that the 14th amendment promotes and encourages illegal immigration.

As an immigration attorney, I have certainly come into contact with individuals illegally present in the U.S. who are under the mistaken belief that his or her U.S. Citizen newborn will put him or her on a fast-track to guaranteed U.S. citizenship. I know it is going to be a rough day when I have to look a parent in his or her eyes and explain that it is not quite that simple.

There are a few important things to understand about this issue. First, regardless of whether or not you enter the U.S. legally, your U.S. Citizen child will not be able to file for you until he or she turns 21 years old. This is true even if you have never been inside the United States.

Next, if you entered the country illegally you will most likely need to leave the country to file for your Green Card and you will definitely need a Waiver of Inadmissibility. Waivers of Inadmissibility are complex and are difficult to get approved. There are different types of waivers depending on the grounds of inadmissibility. The two types of waivers that are most common are for people who e ntered the U.S. without inspection (EWI) and people who entered the U.S. by fraud or misrepresentation (usually by using someone else’s travel document). Both of these waivers require that you prove that a qualifying relative will suffer an extreme hardship in the event that you are forced to leave the United States. These waivers carry a high burden of proof that in many cases can be hard to meet. Also, depending on which waiver you are eligible for, you may first have to leave the country to apply for it and then can wait upwards of a year to find out if the waiver is approved. If it is not, you can try again but you will not be able to re-enter the U.S. and will face additional bars of inadmissibility.

To sum up, here is what the approximate timeline a pregnant lady is looking at if she aims to cross the border to give birth to a U.S. Citizen in hopes of remaining in this country and getting a Green Card:

1. Child is born in the United States- wait 21 years;

2. U.S. Citizen child files an alien relative petition for her – add another 3-4 months;

3. Once Petition is approved, if she is EWI, she will file a Waiver of Inadmissibility and wait another 6 months- 1 year;

4. If the waiver is approved, she will then start consular processing where she will need an affidavit of support and then file an immigrant visa application and submit all required documents – add another 2-3 months to submit the documents and allow the U.S. embassy or consulate abroad to review everything for completeness;

5. Receive interview date abroad, book ticket and depart the U.S. – add another month;

6. Attend the interview at the U.S. Embassy or Consulate abroad, wait for approval of immigrant visa – add 1 – 3 weeks, and;

7. Re-enter the United States a Lawful Permanent Resident– will receive Green Card with 45 days of entry.

Add that all up and someone looking to obtain Permanent Residency this way will end up waiting over 23 years (and that is if there are no delays!) before they have a Green Card. This is also assuming that the individual has no criminal history or any other bars of inadmissibility to deal with.

Now that you know the process a little better and see how tedious and drawn-out obtaining a Green Card through an “anchor baby” actually is, it makes sense then that the number of babies that are being born to illegal immigrants in this country has been on a steady decline since 2007.

Which brings me to the last fact check regarding the number of babies born to illegal immigrants over the past decade that can be seen in this chart (courtesy of the Pew Research Center):

Annual U.S. Births to Unauthorized Immigrants, 1980-2013

As the chart shows, the number continued to increase until 2007 and has been on the decline ever since. For more facts and figures relating to this matter, click on this link to read The Washington Post’s article entitled, “Undocumented immigrants are having fewer babies in the United States.”

If you need help with your immigration case, contact the experienced attorneys at The Shapiro Law Firm, LLC, today to find out how we can help.