Mumford Law - Blog

Immigration effects from criminal charges.

admin — Tue, 29 Jun 2010 00:40:59 +0000

Immigration laws regarding criminal convictions are extremely complicated. Different rules apply to different categories of immigrants. A non-citizen convicted of certain crimes may face deportation, loss of a green card or denial of United States citizenship. A successful criminal deal may lead to an immigration nightmare. Many times the immigration consequences of a crime far outweigh the criminal punishment. Please consider the following fact pattern to illustrate how our firm can assist you in dealing with your non-citizen clients:

Maria, a new client, walks into your office. She is accused of stealing $1000 from the local mall. You negotiate her plea deal down to a simple shoplifting conviction; she is sentenced to a year in jail but you get it suspended and she does not serve a day. You may be surprised to learn that Maria is now inadmissible to the United States, and could be placed in removal proceedings. Shoplifting is considered to be a crime of moral turpitude, and her shoplifting conviction, for immigration purposes, is an aggravated felony.

Many crimes become “aggravated felonies” for immigration purposes if the judge imposes a jail sentence of a year or more. Therefore, it would have been better for Maria to have served 90 days of actual jail time instead of her suspended 1 year sentence. In this fact pattern, if you can negotiate the jail time down to 364 days, you will no longer have a conviction for an aggravated felony.

Important Update for Guatemalan Nationals

admin — Tue, 22 Jun 2010 21:50:08 +0000

In light of Tropical Storm Agatha, U.S. Citizenship and Immigration Services (USCIS) has announced that Guatemalan nationals are eligible for certain immigration benefits upon request.

USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. The following temporary relief measures are available to nationals of Guatemala:
- extension of B1/B2 visa
- extension of parole (re-parole)
- expedited processing in certain circumstances
- work authorization for students on an F1 visa

Contact our office today for more information and the latest updates!

When do I need an immigration attorney?

admin — Tue, 15 Jun 2010 02:09:45 +0000

The need for an immigration attorney presents itself on two occasions:

1) When you have a problem with immigration.
2) When you want to avoid a problem with immigration.

Problems come in all shapes and sizes. A simple traffic stop can quickly turn into a much larger problem. You are asked for your license and registration. You do not have a license. You find yourself in custody and now someone is asking about your status in the United States. Now you have a problem! A problem can also be a letter from U.S. Citizenship and Immigration Services denying a benefit.

Those who fall into the problem avoidance category mysteriously seem to run into less problems. (…pause for a moment of silence and reflection!) Do you mean that involving an attorney before you contact a government agency may help avoid a problem? We believe you know the answer.

A U.S. Citizen can file an I-130 for:

admin — Thu, 10 Jun 2010 02:57:28 +0000

A Form I-130 is ultilized to petition for an alien relative.

Your Husband or Wife

Your Child (to be classified as a child, they must be unmarried and under the age of 21)

Your Unmarried Son / Daughter (over the age of 21)

Your Married Son / Daughter (over the age of 21)

Your Brother or Sister (**If you are 21 years or older)

Your Mother or Father (**If you are 21 years or older)

For further information see the form instructions: FORM I-130. After reading the form instructions, you will better understand why you should hire an attorney!

Whats love got to do with it? Well—everything!!

admin — Wed, 09 Jun 2010 03:22:47 +0000

Circumvent?

2. to manage to get around especially by ingenuity or stratagem… “circumvent.” Merriam-Webster Online Dictionary. 2010. Merriam-Webster Online. 8 June 2010

If you treat love as a second-hand emotion, you may be accused of circumventing the immigration laws. Marrying under false pretenses is treated harshly under U.S. immigration law.

Should I hire an attorney for an I-130?

admin — Wed, 09 Jun 2010 02:27:47 +0000

Ask yourself some basic questions:

1) Do you understand all the terms on the form?
2) Do you know whether your relative qualifies for Adjustment of Status and/or Consular Processing?
3) Are you familiar with the term: “Stokes Interview?” Is it a good thing or a bad thing?
4) Do you know the difference between Removal, Exclusion/Deportation, Recission, or Judicial Proceedings?

If you are not comfortable with any of your answers. Consider hiring an attorney.

Can I be removed (deported) for failing to report my change of address?

admin — Sat, 05 Jun 2010 11:40:24 +0000

Can I be deported (now referred to as removal) from the U.S. for failing to report my address? This is an important question. For the purpose of this quick post, we will limit the discussion to those who must submit an AR-11 within 10 days.

If you go to http://www.uscis.gov, click forms from the top navigation bar, and select the AR-11, you will find the following sentence: “Failure to report a change of address is punishable by fine or imprisonment and/or removal.” U.S. Citizenship and Immigration Services, Form AR-11 (Rev. 10/06/08), Alien’s Change of Address Card, http://www.uscis.gov/files/form/ar-11.pdf.

Reminder: Extension Deadline / TPS for Honduras and Nicaragua

admin — Sat, 05 Jun 2010 02:29:55 +0000

Active TPS (Temporary Protected Status) holders from Honduras and Nicaragua are reminded that the deadline to submit extension applications is July 06, 2010.

Call us today for an appointment, we can file your TPS online or via mail! (615) 348-0070

Citizenship Restrictions to Receiving FEMA Aid

admin — Wed, 26 May 2010 02:38:03 +0000

Citizenship Restrictions Apply To Some FEMA Aid

Release Date: May 25, 2010
Release Number: 1912-013

LEXINGTON, Ky. — The Federal Emergency Management Agency (FEMA) Individual Assistance program’s grant funds are restricted to people living legally in the U.S. However, parents may apply for Individual Assistance on behalf of a child who is a U.S. citizen or a qualified immigrant. Another adult household member may qualify for household assistance if that individual is a legal immigrant.

FEMA grant funds for disaster-related losses are available to eligible: 1) U.S. citizens; 2) non-citizen nationals; and 3) qualified immigrants living legally in the U.S. FEMA inspectors checking damage to homes and property will ask the applicant to sign a Declaration and Release form stating that he or she is a U.S. citizen, non-citizen national or a qualified immigrant.

The qualified immigrant category includes:

Lawful permanent residents (they possess a “green card”)
Those with refugee or asylum status
Immigration “parolees” (people admitted to the U.S. temporarily for humanitarian purposes even if they don’t yet technically qualify for legal immigrant status)
Those with conditional entry
Those who have petitioned for relief based on battery or extreme cruelty by a family member
Cuban-Haitian entrants.

Eligibility for FEMA programs is determined at the time of registration. Those unsure of their immigration status should consult an immigration expert.

Non-profit and voluntary agencies like the American Red Cross and faith-based charities may also provide help to undocumented disaster survivors.

Additional information about this disaster is available at www.fema.gov and www.kyem.ky.gov/currentdisasters .

FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.

SEEKING ASYLUM

admin — Tue, 25 May 2010 23:21:27 +0000

Asylum is protection granted to a person who cannot return to his/her own country for fear of persecution.

To qualify for asylum, you must prove that you have been persecuted or have a well founded fear of persecution and cannot return to your home country. The persecution or fear of persecution must be to you as an individual, and not to a class of people. Furthermore, the persecution must be committed by the government or by a group the government is unwilling or unable to control.

The persecution must have been on account of one or more of the following five factors:

Race
Religion
Nationality
Political Opinion
Membership in a Particular Social Group

You may request asylum regardless of whether you are in this country legally or illegally. The petition may be filed when you arrive at a port of entry or at a later date. You must file for asylum within one year of your entry, but there are some limited exceptions. If you do file within a year of your entry to the United States, you will have an interview with an Asylum Officer who will review your petition to determine whether you are eligible for asylum under the statutes. If you are in removal proceedings when you file for asylum, your case will be heard by an immigration judge.

While your application is pending, you will be eligible for an Employment Authorization Document (EAD) which will allow you to work legally in the United States until your case is decided. If granted asylum, you will be given Permanent Resident status and you may apply for a Social Security card. You may also request derivative asylum status for your spouse and child who were listed on your application. Asylees are eligible for citizenship after five years.