Robert J. DuPont is the founding attorney for The Law Offices of Robert J. DuPontToday I had the pleasure of taking a client to her legal permanent residency interview. You should ask me, “So what attorney? This happens every day.” What is remarkable is that my client had entered the country in 2001 under a [...]
The first quarter of the 2012 fiscal year saw the lowest proportion of deportations in immigration cases in at least two decades. At the same time, the proportion of aliens allowed to remain in the U.S. also increased.
In today’s global economy, people from all over the world visit the United States for business reasons. However, although the United States has a policy of allowing the free movement of people into the U.S. for cultural, social and economic reasons, at the same time it has to protect its labor force from those who enter the country to perform labor or seek employment.
Recently, in November of 2008, a client came to me because she has been trying to obtain legal permanent residency (green card) for her husband since January 2006. They were rapidly approaching their third year of waiting for an approval on their case and there was no sign that USCIS planned to provide an approval for their case.
Being placed under removal proceedings is probably one of the hardest things that any immigrant might have to experience in the United States. However, even at this stage several types of relief are available to prevent an individual’s deportation.
Given the choice, many foreign nationals who are physically present in the United States choose adjustment of status over consular processing in becoming lawful permanent residents. Adjustment of status offers advantages over consular processing, including eligibility for employment authorization and permission to travel while the adjustment application is pending.
One of the fundamental steps to obtaining legal permanent residents (green card) status is to show a lawful entry into the United States often described as entry with inspection. In the past the USCIS and courts have accepted as “lawful entry” persons who have presented themselves to an immigration officer even if there were issues with whether their visa was still valid, or if they presented documents with a name other than their own. The I-94 card from these entries into the United States was still accepted as proof of legal entry for filing purposes and in proceedings before the Immigration Court.
Immigrants have played an increasingly important role in the U.S. economy. They work in all kinds of occupations in healthcare, management, construction, sales, etc. As of 2009, more than fifteen percent of the entire U.S. labor force were foreign born.
The Department of Homeland Security on January 6, 2012 announced that it is proposing a rule that will allow spouses and children of U.S. citizens, who are ineligible to adjust status, to apply for a provisional waiver in the U.S. before leaving to process their immigrant visa application abroad. Under the current law, waivers are filed outside the United States.
Many of my clients have contacted me concerning the proposed changes in regulations announced by President Obama. Following his announcement the Director of USCIS Ms. Janet Napolitano issued a “Notice of Intent” describing the proposed changes to regulations which could provide relief to thousands of persons who entered “illegally” or without inspection and could now file an application for legal permanent resident status through a U.S. Citizen and obtain a waiver to the 3 or 10 year bar to re-entry before the process their visa overseas.
