By Kelly Rayburn and Matt O’Brien
Oakland Tribune
http://www.mercurynews.com/breaking-news/ci_14288360
Archive for January, 2010
Oakland sues company, saying it scams immigrant families
Posted by admin on January 31st, 2010
Posted in 
Tags: 
Change of Filing Location for Form I-601, Application for Waiver of Ground of Inadmissibility
Posted by admin on January 28th, 2010
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced revisions to Form I-601, Application for Waiver of Ground of Inadmissibility.
As of January 4, 2010, infection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection.
As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed. In addition, USCIS today announced that there are revised filing instructions and addresses for applicants filing Form I-601, Application for Waiver of Ground of Inadmissibility.
The change of filing location is part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By centralizing form and fee intake to a Lockbox environment, USCIS can provide customers with more efficient and effective initial processing of applications and fees.
Beginning 1/27/2010, the following filing location changes are in effect for applicants located in the United States:
* Applicants who a) have an approved Form I-360 based as a Self-petitioning spouse or child of an abusive U.S. Citizen or Lawful Permanent Resident, or
b) are a T nonimmigrant seeking adjustment of status, and who are filing Form I-601, must file their application at the USCIS Vermont Service Center; USCIS Vermont Service Center 75 Lower Welden Street St. Albans, VT 05479-0001.
* Applicants who are filing Form I-601 together with Form I-485, Application to Register Permanent Residence or Adjust Status, must file the I-485 and the I-601 at the filing location specified on the Form I-485 instructions.
* Applicants who have a pending Form I-485 must file Form I-601 with a USCIS Lockbox facility, based on the first 3 letters in their application receipt number. Detailed guidance can be found in updated Form I-601 instructions as well as at www.uscis.gov. Applicants must include a copy of the I-797C, Notice of Action, showing that their Form I-485 was accepted.
* Applicants for Temporary Protected Status (TPS) under the Immigration and Nationality Act Section 244, must file Form I-601 with Form I-821, Application for Temporary Protected Status. Consult the applicable Federal Register notice for the applicant’s country’s TPS designation.
* Individuals in removal proceedings, must file Form I-601 with the Executive Office for Immigration Review (EOIR) office with jurisdiction over your case and according to the instructions that are provided to the individual in court. USCIS Offices will forward incorrectly filed I-601 applications to the USCIS Lockbox facilities for 30 days, until 2/27/2010. After that, incorrectly filed applications will be returned to the applicant, with a note to send the application to the correct location.
Applicants located outside of the United States will continue to file their Form I-601 with the U.S. Embassy or consulate where they are applying for a visa. When filing Form I-601 at a Lockbox facility, applicants may elect to receive an email and/or text message notifying them that USCIS has accepted their applications. To receive notification, the applicant must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of the application.
For More information call 510.742.5887 or email us on help@peerallylaw.com
Visit our website http://peerallylaw.com
Issues with Citizenship and Naturalization!
Posted by admin on January 27th, 2010
Becoming a United States citizen is the dream of most immigrants. It is the culmination of sometimes a long road through the immigration process. However, for some it is still a mystery. We have tried to compile some of the basic of citizenship in this legal guide.
What is a Naturalization and Who Qualifies?
Naturalization is the process of going from immigrant status to US Citizen status. You must i) continuously hold a green card for 57 months (33 months if the green card was obtained through marriage to a US Citizen, and 45 months if the green card was obtained through Asylum), ii) have knowledge of the English language, iii) have familiarity of US Civics and History, and iv) be of good moral character. You may apply for a reentry permit if you wish to spend 1-2 years outside the US, but spending 1 year outside the US will break continuity of residence. Trips of 6 months to 364 days may also break continuity, but you may have an opportunity to prove that continuity was not broken.
Re-Entry Pemit and Breaking the Continuity
There are exemptions from the English language test. If you are 50, and have been a green card holder for 20 years, you may be exempt. If you are 55, and have been a green card holder for 15 years, you may also be exempt. There are also disability exemptions. For those who are at least 65, and have been a green card holder for 20 years, a simplified civics and history test may be administered. There are also disability exemptions to the civics and history test. Good moral character is somewhat subjective, and the reviewing officer will take into consideration things such as declarations others, community service, arrests, convictions, habitual drunkenness, etc. The standard for good moral character is that of the average citizen in the community where you live.
When can I Obtain Citizenship Through Naturalization?
You may apply for naturalization after 4 years and 9 months (57 months) from the date you received your green card, or 2 years and 9 months (33 months) if you received your green card through marriage to a US Citizen, or 3 years and 9 months (45 months) if you received your green card through Asylum. You must have been physically present in the US for 30 months or 18 months if you received your green card through marriage, just as long as you did not break continuity of your residence in the US.
What are the Benefits and Limitations of Applying for Naturalization?
Naturalization is ideally the goal of nearly all immigrants in the US. You may apply to obtain a US passport as soon as you become a US Citizen through naturalization. As a US Citizen, you can not be deported or lose citizenship, even if you commit a crime or choose to live anywhere else in the world, for any amount of time. US Citizens can also have more options to petition for green cards for close relatives. You also become eligible to vote in elections and apply for government jobs restricted only to US Citizens. Naturalization is not irreversible, however. If it is discovered that you were not eligible for naturalization, or that you were not eligible for a green card at the time you acquired it (for example, marriage fraud or asylum fraud), then your citizenship may be revoked and you may be subject to removal. Also, if your home country does not recognize dual citizenship, you could lose citizenship in your home country. Loss of citizenship in your home country may have an
What is the Attorney’s Role in a Naturalization Case?
In a straightforward naturalization case where there are no complications, often people find that they may apply for naturalization without the help of an attorney. Some people still feel somewhat uncomfortable facing a USCIS officer alone, and would like someone to attend the interview with them. A naturalization applicant may only bring in an interpreter if necessary and an attorney. For some people, applying for naturalization might actually create problems, so in cases where there are complications (arrests/convictions, breaks in continuity), it is highly recommended that the case is at least reviewed by an immigration lawyer.
Disclaimer
Disclaimer: This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and the website publisher. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Feel free to check our website to read more about marriage petitions.
President Declares Ongoing Commitment to Immigration Reform
Posted by admin on January 27th, 2010
For Immediate Release
“America – a nation made up of immigrants from every corner of the globe”
January 27, 2010
Washington D.C. – In the State of the Union Address this evening President Obama made clear his ongoing commitment to immigration reform noting ”we should continue the work of fixing our broken immigration system – to secure our borders, enforce our laws, and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation.” Some may continue to argue that immigration reform is too politically risky to move on this year and that we should focus instead on rebuilding our economy. However, comprehensive immigration reform is compatible with economic reform as it would generate needed economic growth, create jobs and increase tax contributions by ensuring that everyone working in the United States is doing so legally. In fact, immigration reform would allow us to take full advantage of the opportunities for economic growth that immigrants bring.
Immigration Yields Tremendous Economic Benefits to America
- A 2007 report from the White House Council of Economic Advisers concluded that immigration as a whole increases the U.S. Gross Domestic Product (GDP) by roughly $37 billion each year because immigrants increase the size of the total labor force, complement the native-born workforce in terms of skills and education, and stimulate capital investment by adding workers to the labor pool.
- Immigrants do not compete with the majority of natives for the same jobs because they tend to have different levels of education and to work in different occupations. In fact, The roughly 90% of native-born workers with at least a high-school diploma experienced wage gains because of immigration between 1990 and 2004, ranging from 0.7% to 3.4% depending on their level of education, according to a 2006 study by Giovanni Peri, Associate Professor of Economics at the University of California-Davis.
- Immigrant entrepreneurs are twice as likely as Americans to start business and immigrant inventors account for more than one quarter of all U.S. patents according the Kauffman Index of Entrepreneurial Activity, 2008.
If Comprehensive Immigration Reform is Enacted the Benefits Will Be Even Greater
- According to a 2010 study by UCLA professor Raul Hinojosa, comprehensive immigration reform that includes a legalization plan for the unauthorized would contribute a cumulative $1.5 trillion to the Gross Domestic Product over ten years, as more tax revenues are collected, wages increase for U.S.-born and legalized workers, and immigrant workers spend more in our economy. The report also finds that wages for immigrant and native-born workers would rise in part because workers will have more bargaining power in the workplace.
- The libertarian Cato Institute also reported that “legalization of low-skilled immigrant workers would yield significant income gains for American workers and households.”
“Tonight the President paid tribute to those who struggle to build the American dream, even in the midst of economic uncertainty. His call for a revitalized domestic and foreign policy agenda based on American values and innovation included immigration reform because the White House recognizes the economic and moral necessity of fixing our broken immigration system,” said Mary Giovagnoli, Director of the Immigration Policy Center. “We have a golden opportunity to enhance the gross domestic product, create and sustain new jobs and businesses, and maintain our competitive edge in the world if we create a system that legalizes current undocumented workers, provides for improved legal channels for families and new workers when they are needed in the future and adopts sensible policies to secure our border. Such measures will help to provide the framework for an economic recovery that will allow us all to pursue our American dreams.”
###
For press inquiries contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202-507-7524.
Basic Checklist for Marriage Petitions
Posted by admin on January 26th, 2010
Marriage is a very important concept and establishment in the United States and as such Congress has determined that a foreign national who marries a United States Citizen spouse has the immediate ability to file for a permanent residence under a first category preference.
Make sure you have the proper documents to assit you in the process
It is not necessary to have an attorney to file for your marriage petition. However, having a good immigration attorney helping you in the process can make the difference between an approval and a denial. This legal guide will give you some tips and checklist of few of the necessary documents that you would want to put in your case to make sure the process goes smoothly. Note that this list is for general use only. Each case is particular, and it will be advisable to act or refrain to act basely solely on this list.
PETITIONER (U.S.Citizen) – Documents usually required from the Petitioner
__ Petitioner’s most recent tax returns
__ Petitioner’s W2 or 1099
__ Letter from employer stating annual salary, job title and date you started working __ 3 most recent check stub
__ Original petitioner’s naturalization certificate, U.S passport or certified copy of birth certificate of petitioner if born in the USA.
__ Applicant entry documents (passport, I-94, I-20s, IAP-66, etc)
__ Airline ticket for marriage trip
__ Miscellaneous: anything regarding a bona fide marriage
__ Phone bills of calls made between the two of you
__ 6 passport size photographs. (2X2 inch and white background)
BENEFICIARY (Foreign National) – Documents required
__ Certified copy of birth certificate with translation, if applicable
__ Medical Examination*
__ applicant only (form and list of doctors attached)
__ Miscellaneous: anything regarding a bona fide marriage
__ 6 passport size photographs. (2X2 inch and white background) * You will be asked about your vaccination history. If available, bring immunization records to your appointment. Note that if you are a beneficiary of INA 245(i) candidate, you will need to bring more proofs such as presence, copy of petition filed, etc.
Documents required by BOTH Petitioner and Beneficiary
__ Certified copy of marriage certificate with translation, if applicable
__ Engagement pictures, wedding pictures, photos of couple with family/friends, family photos (please label as to date, location and names of individuals in the photographs)
__ Bank accounts, property registered in both names
__ Insurance policies (medical, life, auto, etc.) with both names
__ Any documents with both your names on them, e.g. Letters, bills, statements, etc.
__ Lease or mortgage showing joint signatures/tenants
The List above is for informational use only.
Disclaimer: This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and the website publisher. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Feel free to check our website to read more about marriage petitions.
It is recommended to file such petitions with the assistance of a lawyer. Call our law firm today on 510 742 5887.
Immigrants – Know your rights when dealing with Authorities Such as Police, Immigration or the FBI!
Posted by admin on January 26th, 2010
Having participated in many know your rights events on the aftermath of September 11, 2001, we have identified few basic things that an immigrant should know in order to deal with authorities when they come to you. This guide is limited in scope so please consult an attorney for more information.
Should I answer the questions of the agents?
You can definitely answer the questions, but no good attorney will advise you to do so. The reason is that anything you say at this point can be used against you. In fact, the only thing which is recommended at this point is to ask for an attorney. Asking for an attorney should stop the questions. Even if it does not, it will protect you in the future. The job of an attorney is to protect your legal rights. So make sure you always have an attorney’s number available. Please don’t think that by answering they might leave you alone. It might happen but again it is not recommended to answer without an attorney present
When I ask for an attorney, should they not provide me an attorney?
In case it is a criminal matter, and you cannot afford an attorney, the government will provide you an attorney. However because immigration law is civil in nature, no free attorney is provided. You should keep the number of an attorney or some organizations that help on a pro bono basis. This is in case you cannot afford an attorney.
If the agents come, should I let them inside my house?
Unless there is a search warrant, nobody can enter your house without your consent. Therefore, if an agent does not have a warrant, he/she might ask politely to come in. Once he/she comes in, the agent has the right to search the house based on consent. Also the rule of apparent authority, a roommate might consent to the search. Make sure if inform everybody in the house about the rules. Also make sure that you check if the agent has a warrant before letting the agent in.
What happens if they show me a search warrant?
If you are shown a warrant, make sure it is a real warrant. Check if a judge has signed it. If this is the case, you should allow the agents to proceed although you should mention that you are not consenting to this search. Do not try to intervene except by remaining silent. Remember you do not have to speak even if there is a valid search warrant. If they do not have a search warrant and still want to search the house, do not get in the way but make sure again to express that you are not consenting to the search.
What happens if I talk?
Anything that you might have said can be used against you. The worst part is if you lie to the government, they might use it against you. It is actually a crime to lie to the FBI, for example. Therefore remaining silent and asking for an attorney is the best option. Note that just remaining silent does not stop the questioning, however asking for a lawyer, should stop the questioning.
Disclaimer
The above just few basic rights you should know. Note that as a non citizen, you still have rights. You need to exercise them. Make sure you are careful about protecting yourself in the process One should not act or refrain to act based only on the above. No attorney client relationship is created unless a retainer is signed by both parties.
Facebook
Buzz
LinkedIn
Shah Peerally's Blog
Twitter
Youtube