So, you thought you had a slam dunk Asylum case before USCIS. When you were preparing your asylum petition on your own without counsel, you thought, "Hey, this is a pretty good case. There is no way I am going to get denied."
You went to the interview dressed as if you were going to your job interview (which you should, by the way). You got there and they took your photograph and then your fingerprints, etc. You sat in a dingy waiting room waiting to be called. An Asylum Officer then calls your number and you walk into the interview room and you are interviewed....for hours. You thought you were prepared for the battery of questions, follow up questions, prying, inquiring, and page flipping of the interviewer. Midway through you're thinking, "Hey, maybe this wasn't such a hot idea! I should have had a lawyer!" You Got Referred to an Immigration Judge: Seems your thinking that this is not going so well were well-founded. Your application wasn't denied but you got referred to an Immigration Judge. Uh oh, what does that mean? Well it means that you are now in removal proceedings (yes, deportation). Your Affirmative Asylum Application just became a Defensive Asylum application. I Got An NTA, What Does That Mean? As a result of your referral to an Immigration Judge, you got an NTA (Notice to Appear) before a judge. It's at this point that you should STRONGLY consider not going it alone and get that lawyer. What Is An NTA? An NTA (Notice to Appear) is a charging document given to you (or, served upon you) stating that there are allegations you are being charged with and that you must appear before an Immigration Judge on a particular date for what's called a Master Calendar Hearing (MCH). This brings us to our next question, "What's a Master Calendar Hearing?" "What's a Master Calendar Hearing?" (MCH) A MCH is a preliminary hearing for pleading and scheduling of your Individual Hearing (the Asylum hearing). It is at this MCH hearing that you will answer to the charges that were delineated in NTA Charging document set forth. You can either admit or deny these charges. The Judge will then ask you whether you want to designate a country for removal. To this question you respond, "Not at this time, Your Honor." ALWAYS ADDRESS THE JUDGE WITH RESPECT. I can't stress that enough. You Should Probably Get a Lawyer: The MCH is daunting enough, don't go to the individual hearing alone (your actual asylum proceeding which will be set by the judge at the MCH). Get a counsel to represent you in these proceedings. Removal hearings are fraught with many technical and legal jargon that the lay person is not in a position to grapple with. At the end of the MCH the judge most likely set a hearing date. And due to the stresses and pressures on the Immigration Court your next hearing is probably one or two years from now. This gives you PLENTY of time to review your application (hopefully you saved a copy of your original asylum application). Get a lawyer. What Happens at the Individual Hearing? So, fast forward two years later. This time you got a lawyer. You're armed to the teeth with your lawyer and hopefully your lawyer submitted a FOIA (Freedom of Information Act) request to get the original Asylum Officer's notes. It's a very smart thing to do. Get the notes. See what happened. And hopefully your attorney has amended your petition (if needed) and has made any corrections. The immigration judge will review your case de novo. Huh? De-what? De Novo. De Novo is a legal term which means that the judge will review your case from the start without any reference to the conclusions made by the Asylum Officer. He/She will look at it, but their decisions will not be influenced by what the Asylum Officer has stated. So, this is your second shot at the apple. If you have any questions about your Asylum application that has been referred to an Immigration Judge, please do not hesitate to contact us directly. NOTHING IN THIS POSTING SHOULD BE CONSIDERED TO BE LEGAL ADVICE OF ANY KIND. BEFORE YOU TAKE ANY ACTION YOU SHOULD CONSULT AN ATTORNEY. -M. Ray Arvand, Esq. The Law Office of M. Ray Arvand, PC An Immigration Law Firm 26 Broadway, 21st Floor New York, NY 10004 www.arvandlaw.com #ArvandLaw
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So, you have a friend who is here in the United States either illegally or is out of status or whatever. Point is, he or she is removable (meaning deportable). And you want to be the good friend to help your friend to remain in the United States. You've heard or seen a few things on the internet that says non-citizens and non-LPRs (Green Card holders) can get married to a U.S. Citizen and remain in the United States and get a Green Card. YAY! You found a way out for your friend. You also found a way straight to a long prison sentence, fines, penalties and your friend being deported. "Wait What?! I thought, b-b-but...so I can't do this?" No, you can't do that. The marriage may be legal in every other way. Meaning, you are both consenting adults who entered into this marriage without anyone coercing you. But you got hitched solely for purposes of fraudulently procuring immigration benefits i.e. that coveted Green Card. Let's be clear about this: it is illegal to file for a marriage green card based on a fake or a sham marriage. YOU may have good intentions and did this out of sheer altruism and did not receive any compensation or quid pro quo. However, in many cases people ask the non-citizen spouse to pay them to do this - it's a business transaction where something of value is exchanged. What you have here are the strings of conspiracy; conspiracy to defraud the United States Government into giving your friend the Green Card. The immigration authorities (USCIS/DHS/CBP and the Department of State) are quite suspicious of applications based on marriage. That is why there is the so-called two year conditional green card for Marriage Based Green Cards. Two Year Conditional Green Card: "What do you mean 'conditional'?" The conditional green card is conditional because of the high frequency of sham or fraudulent marriages. That means that the Green Card is issued for two years with conditions. Ninety days prior to your conditional green card expiring, you would have to apply to remove the conditions. You do so by filing an I-751 Petition to Remove Conditions on Residence. This form can be easily found on the USCIS website. "What if Juliet divorced Romeo (or, alternatively, he dies) and Juliet wants to remove the conditions - does that mean Juliet loses her Green Card?" Okay, so let's say Romeo married Juliet. Adjusted Status. Got the Green Card. Then after two years Romeo and Juliet got divorced or tragically (pun intended) Romeo, petitioning US Citizen spouse, dies, what then? Does Juliet lose the Green Card? No. When Juliet wants to file form I-571 to remove conditions, she would need to demonstrate that the marriage which ended was in good faith. That means she has to demonstrate that the marriage was not entered into for the purposes of procuring immigration benefits (in this case a Green Card). You would have to submit documented evidence of the bona fides of the marriage. Bottom line is that you should NEVER EVER marry someone simply to "help" them remain in the country. You should marry that person because the marriage is real and you are in love and you want to be together. Marriage Fraud, Visa Fraud and, Green Card fraud will land you in a world of hurt and trouble. Don't do it. If, you need representation in filing a Family Based Petition for your spouse, please do not hesitate to contact us for a confidential consultation. The Law Office of M. Ray Arvand, PC An Immigration Law Firm 26 Broadway, 21st Floor New York, NY 10004 212-323-7435 #ArvandLaw So you want to get the L1 Visa. What in the world is an L-1 Visa? You can qualify to receive an L-1 Visa to come to the United States for employment purposes if you have had one continuous year of employment (with your present employer) out of the preceding three years and you have been transferred to the U.S. to work as a manager, an executive, or a specialized-knowledge worker. The word "continuous" is put in so that you can't use aggregate employment periods. The employees one year employment must have been managerial, executive, or specialized knowledge. Also, if someone has been employed one year on a part-time basis, that is not allowed. However, there is a wrinkle in this rule. If the employee has been working for the employer for several of its foreign affiliates for one year and the totals add up to full-time hours, that would be allowed. Yes, I know. So what are the key advantages and features of the L-1 Visa. Why get this type of Visa over any other visa. Here are some key bullet points to remember and keep in mind. Key Features of L-1
If you think you qualify for an L1 Visa or if your company wants to obtain an L1 Visa please do not hesitate to contact us to schedule a confidential consultation. The Law Office of M. Ray Arvand, PC An Immigration Law Firm 26 Broadway, Ste 2100 New York, NY 10004 212-323-7435 #ArvandLaw |
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