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Category: Permanent Residency

  • How to Find the Right Immigration Attorney for Asylum Cases

    Leaving your home behind is never easy. For people fleeing danger, war, or persecution, applying for asylum in the U.S. can feel like the only hope. But getting asylum isn’t simple. It takes more than courage. It requires evidence, deadlines and a deep understanding of U.S. immigration law.  

    That’s why finding the right Immigration Lawyer for Asylum is one of the most important steps you can take. A good lawyer will not only guide you through the legal process but they’ll also help you tell your story in the most powerful way.

    Let’s talk about how to find the right attorney for your asylum case what to look for and why it matters so much. 

    Why Finding the Right Asylum Lawyer Feels Like a Lifeline

    Applying for asylum? It is not just some paperwork like a visa. It is a heart pounding legal fight where everything you care about is on the line. You have got to show that going back home could mean danger to your life or freedom, all because of who you are- your race, your beliefs, your nationality, your politics or the group you are part of. That is a heavy load and it can feel like the world’s against you.

    But here is the thing. A compassionate, skilled asylum lawyer can be your rock. They get the law inside and out, know exactly what evidence will make your case strong and keep track of all those stressful deadlines. More than that they sit down with you, really listen to your story and feel the weight of your fears. They not just build a case but fight for your future with heart.

    Having the right lawyer by your side? It’s like the difference between finding a safe home or facing the fear of being sent back. You deserve someone who’s got your back.

    What Does an Asylum Lawyer Actually Do?

    Many people aren’t sure what immigration attorneys do during an asylum case. In short, they do a lot.

    1. They Review Your Case Honestly

    First, your lawyer will talk to you about your background and your situation. They will tell you if your case qualifies for asylum or if there are other options.

    2. They Help With the Paperwork

    U.S. immigration forms can be confusing. A small mistake can lead to delays or even denials. Your lawyer will help you complete and file Form I-589, the application for asylum and make sure everything is accurate.

    3. They Gather Supporting Documents

    You may need police reports, medical records or letters from people in your home country. Your lawyer will help you collect the right documents and explain why they matter.

    4. They Represent You in Court

    If your case goes before an immigration judge your attorney will speak for you. They will prepare you to answer questions and explain your fears clearly and truthfully.

    How To Find the Right Immigration Lawyer for Asylum?

    Now that you know why legal help matters let’s talk about how to find the right attorney for your situation.

    1. Look for Experience in Asylum Law

    Not all immigration attorneys focus on asylum. Some may work mainly on green cards, work visas, or business immigration. Make sure the lawyer you choose has real experience with asylum cases. Ask how many they’ve handled and what kinds of results they’ve seen.

    2. Ask About Cases Like Yours

    Every asylum case is different. A strong attorney should understand the challenges specific to your country, religion, gender identity, or political beliefs. Ask if they’ve worked with clients from your country or with similar claims.

    3. Pay Attention to How They Communicate

    Your attorney should explain things in a way that makes sense. You should never feel rushed or confused. A good Immigration Lawyer for Asylum will take the time to answer your questions clearly and honestly.

    4. Check for Transparency

    Before hiring anyone, ask about costs. Some lawyers charge flat fees, others charge by the hour. Make sure the payment plan is clear and fair. A trustworthy lawyer will always be upfront about fees and won’t pressure you into signing anything right away.

    5. Trust Your Instinct

    You should feel comfortable with your lawyer. You’re sharing personal and painful parts of your life. It’s important to feel that your attorney respects you and believes in your case.

    Red Flags to Avoid

    Just as there are signs of a good lawyer, there are signs of a bad one. Watch out for:

    • Guarantees: No lawyer can promise you will win. Be wary of anyone who does.
    • Lack of interest: If they don’t ask many questions or seem in a hurry, that’s a warning sign.
    • Poor communication: If they don’t return your calls or explain things clearly, look elsewhere.
    • No contract or unclear fees: Always get a written agreement and make sure you understand it.

    Where to Start Your Search

    There are a few places you can begin your search for a qualified immigration lawyer:

    Community Referrals

    If you live in an immigrant community like Port Chester, ask around. Someone you trust may already know a good attorney.

    Non-Profit Legal Services

    There are organizations that offer low-cost or free help to asylum seekers. These can be a good place to start if money is a concern.

    Online Lawyer Directories

    Websites like AILA.org let you search for immigration lawyers by area and practice focus.

    For other legal needs such as personal injury cases, firms like Cohen & Cohen have extensive experience serving clients in the Washington D.C. area.

    Why Genova Law May Be the Right Fit

    At Genova Law, we understand how hard this journey can be. Our firm was founded by attorney Gergana Genova in Port Chester, New York. A community built by immigrants from Central and South America. We are proud to be part of that community.

    We bring more than legal skill to the table. We bring compassion. We take time to listen, not just to the legal facts, but to the human story behind each case. We believe every client deserves respect, honesty and support.

    Whether you’re applying for asylum, facing removal, or seeking a path to permanent residency, we are here to help.

    To Sum It All Up

    The path to asylum can feel like climbing a mountain. It can be very scary and exhausting. But do not worry you do not have to do it solo at all. A caring, skilled asylum lawyer can be your partner, fighting for you with heart and EXPERTISE. Take your time, ask the tough questions and listen to your instincts. When you find the right lawyer it will feel like a weight lifted.

    Want someone who will treat your case like it is their own? Give Genova Law a call. We are here to walk with you every single step. 

  • How to Speed Up Immigration Process 

    Introduction

    Immigrating to a new country can be an exciting and life-changing experience, but it’s no secret that the immigration process can also be daunting and time-consuming. The paperwork, regulations, and wait times can make the process seem overwhelming, especially for those unfamiliar with the system.

    As an aspiring immigrant, you must understand the challenges you may encounter along the way, including language barriers, complicated application processes, and long waiting times for visa processing. 

    In this article, we’ll provide you with practical tips to help speed up the immigration process. Whether you’re applying for a work visa, permanent residency, or citizenship, our comprehensive guide will help you navigate the system easily. 

    Understanding How to Speed up Immigration Process 

    The immigration process involves four stages, starting with the application submission and ending with the decision on the application. The stages include:

    • Application Submission 
    • Background checks
    • Interview (if required)
    • Decision on the application

    Various government agencies are involved in the process, including the U.S. Citizenship and Immigration Services (USCIS), the Department of State, and U.S. Customs and Border Protection (CBP).

    There are various reasons why the immigration process may be delayed. Some of the most common reasons include the following:

    1. Incomplete or incorrect application: Please complete or correct the information to ensure the timely processing of your application.
    2. Background checks: Background checks can take a long time, especially if you have lived in several countries.
    3. Delays in processing times: Due to the high volume of applications received, processing times can be long.
    4. Requests for additional information: If the immigration officer requests additional information, it may cause delays if it is not provided on time.

    It’s essential to avoid these delays as much as possible to speed up the immigration process.

    Preparing Your Application

    Filling out your application completely and accurately is crucial to ensure that your application is processed efficiently. All information must be present to ensure the processing of your application is completed on time.

    Common mistakes people make on their applications include:

    • Misspelling their name or providing incorrect information about themselves
    • Providing incorrect or incomplete information about their work history
    • Failing to disclose any criminal history
    • Failing to disclose previous travel or residency in other countries

    To avoid these mistakes, take your time to read and understand the instructions before filling out the application. Double-check all the information you provide and make sure that it’s accurate.

    Organizing and presenting your supporting documentation can make the process easier for immigration officers. Here are some tips to help:

    • Group your documents by categories such as personal documents, financial documents, and employment documents.
    • Label each document with a brief description, such as “birth certificate” or “tax return.”
    • Provide translations for any documents that are not in English.
    • Create a table of contents for your supporting documents to help immigration officers locate the necessary information quickly.

    Choosing the Right Immigration Category

    There are various immigration categories, such as family-sponsored, employment-based, and humanitarian programs. Each category has eligibility requirements that applicants must meet to be considered for immigration.

    For example, family-sponsored categories require the applicant to have a qualifying family relationship with a U.S. citizen or a legal permanent resident. Employment-based categories require the applicant to have a job offer from a U.S. employer or have extraordinary ability in their field. Humanitarian programs, such as asylum or refugee status, require applicants to have a well-founded fear of persecution in their home country.

    To select the category that best fits your situation, consider your circumstances, such as your relationship with a U.S. citizen or employer. You may also want to consult with an immigration lawyer who can provide guidance and help you navigate the process. It’s essential to choose the right immigration category to ensure that you meet all the eligibility requirements and increase your chances of success.

    Hiring an Immigration Lawyer

    Hiring an immigration lawyer can provide numerous benefits, such as:

    • Expertise and knowledge of immigration laws and regulations
    • Assistance in completing and filing the necessary paperwork correctly and on time
    • Guidance in navigating the complex immigration process
    • Representation in court or at interviews
    • Protection of your legal rights

    When choosing an immigration lawyer, consider their experience, qualifications, and success rate. You can check their credentials on the American Bar Association’s website or consult with their previous clients for reviews. Understanding the legal process and your lawyer’s role is important to ensure you receive proper representation and support.

    Related: Immigration Interviews

    Keeping Up-to-Date with Your Application

    Checking the status of your application regularly is essential to ensure that it is processed smoothly and on time. By doing so, you can quickly identify any problems that may arise and take action to address them.

    When you submit your application, you will typically receive a confirmation notice or receipt letter from the relevant government agency. This document should contain important information such as the expected processing time, a unique identification number for your application, and instructions on how to check the status of your application.

    To stay up-to-date with your application, you can:

    1. Create an online account with the relevant government agency
    2. Sign up for email or text message alerts
    3. Contact the agency’s customer service hotline for updates
    4. Consult with your immigration lawyer for advice on the next steps
    5. Address any issues immediately to avoid further delays in the process.

    By staying up-to-date on your application’s status and taking swift action when necessary, you can help ensure that your application is processed as quickly and smoothly as possible.

    Responding to Requests from Immigration Officials

    It’s important to know that officials may ask you to provide additional information or clarification on certain aspects of your application. Here are some common types of requests that immigration officials may make:

    • Request for additional documentation to support your application
    • Request for an interview or meeting
    • Request for a medical exam
    • Request for a criminal background check

    If you receive a request from immigration officials, responding promptly and effectively is important. Here are some tips to help you do so:

    1. Read the request carefully: Make sure you understand exactly what is requested. If you’re unsure about anything, seek clarification from the immigration official.
    1. Respond promptly: Immigration officials typically provide a deadline by which you must respond to their request. It’s important to meet this deadline or request an extension if necessary.
    1. Provide all requested information: Ensure you provide all the information the immigration official has requested. If you cannot provide certain information, explain why and provide any alternative information that may be relevant.
    1. Be honest: It’s important to be honest, and upfront with immigration officials. If any issues or concerns may impact your application, be sure to disclose them.
    1. Seek help if needed: If you’re unsure about how to respond to a requester or have difficulty finding necessary information, consider seeking the help of an immigration lawyer. They can provide guidance and support throughout the process.

    Summary – How to Speed Up Immigration Process 

    The immigration process can be challenging, and delays can occur due to incomplete applications or background checks. Therefore, it is important to understand the immigration process and choose the right immigration category.

    It is essential to follow the tips provided to speed up the immigration process, such as filling out the application accurately and organizing the supporting documentation. Moreover, staying up-to-date on the status of your application and responding to any requests from immigration officials is also crucial.

    You can hire a qualified immigration lawyer to help you with your application, and by following the tips provided, you can increase your chances of a successful immigration process.

    Do You Need to Talk to an Immigration Attorney About How to Speed Up Your Immigration Process? 

    You can reach out to a skilled immigration lawyer through us. Set up a consultation by dialing 914-481-8822. Our proficient attorney will address your concerns and offer legal advice to speed up your immigration process.

  • How Divorce Can Affect the Immigration Process

    Introduction

    The immigration process can become more complicated when divorce is involved. If you or your spouse is seeking a visa or green card, a divorce can seriously affect your immigration status. It’s important to understand how divorce can impact the immigration process. These range from potentially denying your application to revoking your existing visa. We will provide tips for successfully navigating the process and discuss the potential impacts of divorce on immigration. Whether you are preparing for divorce or are currently going through one, read on to learn more.

    Understanding the Immigration Process

    Successfully navigating the immigration process requires understanding its key steps and requirements. Here’s a brief overview to get started:

    1. To determine the appropriate type of visa for your situation. You need to start by identifying the available options, such as family-based, employment-based, and student visas.
    1. After that, you must apply to U.S. Citizenship and Immigration Services (USCIS) for the visa category that suits your needs. During this process, you’ll have to provide extensive documentation, including proof of identity, financial information, and background checks.
    1. Following the review and approval of your application. You’ll attend an interview at a U.S. consulate or embassy in your home country. The interview will focus on your application and reasons for seeking a visa.
    1. If approved, you’ll receive a visa that allows you to enter the U.S. as a non-citizen. Nonetheless, having a visa does not exempt you from some requirements. These requirements include maintaining a certain level of employment or attending school.

    Mitigating the impact of divorce on the immigration process is possible with the right information and support. In the next sections, we’ll discuss the potential impacts of divorce on immigration. We’ll provide tips to navigate the process successfully.

    Related: Adjustment of Status and the K-1 Visa

    Types of Visas That May Be Impacted by Divorce 

    Divorce can significantly impact the immigration process, particularly for individuals seeking family-based or marriage-based visas. Let’s take a closer look at the types of visas that may be affected:

    • Family-based visas are available to individuals with close family members who are U.S. citizens or permanent residents. These visas include immediate relatives (spouses, parents, and unmarried children under 21 years old). It also includes preference relatives (married children, siblings, and adult children).
    • As the name suggests, marriage-based visas are available to individuals married to U.S. citizens or permanent residents. These visas include the K-1 visa [also known as the fiancé(e) visa]. These are for individuals engaged to be married to U.S. citizens. There are also CR-1 and IR-1 visas for spouses of U.S. citizens and permanent residents, respectively.

    In both family-based and marriage-based visa cases, divorce can have significant consequences. For example, suppose you are applying for a family-based visa, and your sponsoring family member divorces you before the visa is approved. In that case, you may lose your eligibility for the visa. 

    Similarly, your application may be denied if you are applying for a marriage-based visa and you divorce your U.S. citizen or permanent resident spouse before the visa is approved. It’s important to understand how divorce can impact your visa application and work with an experienced immigration attorney to mitigate its effects. 

    In the following sections, we’ll discuss the legal and practical considerations of divorce in the context of immigration and provide tips for navigating the process successfully.

    How Can Divorce Affect the Immigration Process?

    Divorce can impact different stages of the immigration process, from the initial visa application to the final approval. Here are some ways that divorce can affect each stage:

    • Application

    Divorce can impact the application stage by affecting the applicant’s eligibility. For example, if an applicant was married to a U.S. citizen or permanent resident but divorced before the application was submitted, they may no longer be eligible for the visa.

    • Interview

    If a divorce occurs before the interview, it can impact the questions asked by the consular officer. Also, If the divorce was recent, the officer might ask questions about the circumstances to determine if the marriage was entered into in good faith.

    • Approval

    If a divorce occurs after the visa has been approved, it can impact the visa status. For example, if an individual is approved for a conditional green card based on their marriage but then divorces before the second anniversary of their entry into the U.S., they may lose their eligibility for permanent residency.

    • Maintenance 

    In addition to these stages, divorce can also impact an individual’s ability to maintain their status in the U.S. For example, suppose an individual is in the U.S. on a marriage-based visa and divorces before they can adjust their status to permanent residency. In that case, they may lose their legal status and be subject to removal proceedings.

    Mitigating the Impact of Divorce on Immigration

    Suppose you are going through a divorce and are concerned about how it may impact your immigration process. In that case, there are several strategies that you and your immigration attorney can employ to mitigate the potential impact. Here are a few examples:

    1. Provide evidence of a bona fide marriage: 

    If you are applying for a family-based or marriage-based visa, providing evidence that your marriage was entered into in good faith can help demonstrate your eligibility for the visa; This may include evidence of joint finances, shared living arrangements, and a history of spending time together.

    2. Demonstrate ongoing ties to the U.S.: 

    If you are already in the U.S. and concerned about maintaining your status after a divorce, demonstrating ongoing ties to the U.S. can be helpful. This may include evidence of employment, community involvement, and family ties.

    3. Explore alternative visa options: 

    If your divorce impacts your eligibility for a particular visa, it may be worth exploring alternative visa options that may be available. For example, suppose you were previously eligible for a family-based visa but are no longer eligible due to a divorce. In that case, you can apply for an employment-based visa.

    4. Work with an experienced immigration attorney: 

    As discussed earlier, working with an experienced immigration attorney is critical when navigating the immigration process. Particularly in cases where divorce may impact an individual’s eligibility for a visa or their ability to maintain their status in the U.S. An attorney can provide guidance and support throughout the process and help develop strategies for mitigating the potential impact of divorce.

    @immigrationlawyer_usa

    Divorce and immigration #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #greencard #immigration #greencardmarriage #fiancevisa #asilo

    ♬ original sound – Gergana Genova

    Tips for Navigating the Immigration Process After Divorce

    Navigating the immigration process after a divorce can be challenging, but there are several tips you can follow to help you stay informed and organized throughout the process. Here are a few examples:

    • Stay informed: It’s important to stay informed about the status of your application and any updates or changes to the immigration process. This may include checking the status of your application online, reading news and updates from USCIS, and attending consultations with your immigration attorney.
    • Gather documentation: To ensure that your application is complete and accurate, it’s important to gather all necessary documentation in advance. This may include birth certificates, marriage certificates, divorce decrees, and other relevant documents.
    • Maintain open communication: If you work with an immigration attorney, it’s important to maintain open and frequent communication; This may include providing updates on any changes or developments related to your divorce and immigration status and responding to requests for information or documentation promptly.
    • Develop a timeline: Developing a timeline for your immigration process can help you stay organized and on track. This may include identifying key deadlines and milestones, such as visa application deadlines or interview dates.
    • Be proactive: Finally, it’s important to be proactive throughout the process. This may include following up with USCIS or your immigration attorney to ensure that your application is progressing as planned and addressing any potential issues or complications as they arise.

    By following these tips and staying informed and organized throughout the immigration process, you can help navigate the impact of divorce and work towards achieving your immigration goals.

    Summary – How Divorce Can Affect the Immigration Process

    Divorce can significantly impact the immigration process, particularly for those applying for family-based or marriage-based visas. It’s important to understand the potential impact of divorce on the immigration process and to work with an experienced immigration attorney to develop a proactive plan for navigating the process. 

    By taking a proactive approach and working with an experienced immigration attorney, you can help mitigate the potential impact of divorce on your immigration process and work towards achieving your immigration goals. Understanding the potential impact of divorce and the need for careful planning and preparation is essential for anyone navigating the immigration process.

    @immigrationlawyer_usa

    Divirce and immigration #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #greencard #immigration #greencardmarriage #fiancevisa #asilo

    ♬ original sound – Gergana Genova

    Do You Need to Talk to an Immigration Attorney About How Divorce Can Affect Your Immigration Process? 

    It is important to work with an experienced immigration attorney to help you navigate the complexities of the immigration process. You can contact us to schedule a consultation by calling 914-481-8822. Our experienced attorney will provide you with legal guidance and answer any questions you may have regarding the impact of divorce on your immigration process.

  • Impact of Conditional Resident Status on Applying for Citizenship 

    Individuals married to U.S. citizens or permanent residents receive temporary immigration status as conditional residents. This applies to people who have been married for less than two years after being granted legal permanent residence (green card). The status lasts for two years, and the individual can prove the validity of the marriage and remove the conditions by showing that the marriage was genuine and not meant to evade U.S. immigration laws.

    If the individual cannot remove the conditions, they will lose their legal permanent resident status and may be subject to deportation. U.S. immigration laws grant individuals temporary immigration status as conditional residents to confirm their marriage is genuine and not to evade immigration laws. 

    The individual receives a green card valid for two years and can live and work in the United States as a legal permanent resident. If the individual proves that the marriage is not for evading immigration laws, the conditional status will be removed.

    How to Remove the Conditions on a Conditional Resident Status

    To remove the conditions on conditional resident status, the individual must file Form I-751, Petition to Remove Conditions on Residence. The individual and their spouse must file Form I-751 jointly and submit evidence of a genuine marriage within 90 days before the green card expires. This evidence can include, but is not limited to, the following:

    • Joint bank account statements
    • Lease or mortgage agreements
    • Utility bills
    • Birth certificates of children born to the couple
    • Affidavits from friends and family

    Individuals should consult with an immigration lawyer or a qualified representative to ensure they have the necessary documentation and properly complete Form I-751 before filing. 

    After filing, they will receive a receipt notice (Form I-797) confirming the petition’s receipt. The officer will provide the individual with a case number and a biometrics appointment. The biometrics appointment is a fingerprinting session, where the individual will have their fingerprints, and a photograph taken.

    After the biometrics appointment, the individual will receive an interview notice indicating the interview’s date, time, and location. During the interview, an officer will review the case and evidence provided and ask the individual and their spouse some questions. The officer will also decide whether to approve or deny the petition.

    If the officer approves the petition, the individual will collect a new green card valid for ten years.

    If the officer denies the petition, the individual can attend a hearing before an immigration judge. In this hearing, they can present evidence and testimony to convince the judge to allow them to remain in the U.S.

    Note that the individual should only leave the U.S. while the petition is pending if they have a valid advance parole document. Failure to remove the conditions may bar them from returning.

    It’s also vital to remember that conditional resident status is temporary. If the individual does not remove the conditions, they risk losing their legal permanent resident status and deportation. Therefore, it is important to take the necessary steps to remove the green card conditions before it expires. This is to avoid losing the ability to apply for U.S. citizenship and other benefits.

    Related: The Step-by-Step Guide for Removing Conditions on Your Green Card

    Impacts of Conditional Resident Status on Citizenship 

    Conditional resident status is a temporary status that can impact an individual’s ability to apply for U.S. citizenship. The impact of conditional resident status on applying for citizenship depends on whether the individual can remove the conditions on their green card.

    If the individual can remove the conditions on their green card, they will get a new one for ten years. Once the individual has held this new green card for five years, they’ll be eligible to apply for U.S. citizenship through naturalization. Conditional resident status does not affect their ability to apply for U.S. citizenship after they have removed the conditions of their residency.

    If the individual cannot remove the conditions on their green card, they will lose their legal permanent resident status. The individual may be subject to deportation. They will also lose their eligibility to apply for U.S. citizenship. Therefore, the individual needs to take the necessary steps to remove the conditions on their green card before it expires.

    Also, an individual may be unable to remove the conditions because of a divorce or the spouse’s death. However, they can still apply for the removal of the conditions based on that hardship. If approved, they will be able to apply for naturalization as well.

    How to Apply for Citizenship After Removing the Conditions on Residence  

    If a conditional resident wants to apply for U.S. citizenship, they must remove the conditions on their green card. Once the conditions are removed, the individual will be issued a new green card valid for ten years. Once the individual proves the validity of the marriage, they will receive a new green card valid for ten years. 

    Conditions on residence are removed by filing Form I-751, Petition to Remove Conditions on Residence, within 90 days before the green card expires. The individual and their spouse must file this application jointly, including evidence that the marriage is legitimate.

    After holding this new green card for five years, they can apply for U.S. citizenship by filing Form N-400, Application for Naturalization. The individual will need to meet certain requirements to be eligible for naturalization, such as:

    1. Reside continuously in the United States as a legitimate permanent resident for at least five years immediately preceding the date of applying.
    2. Be present in the United States for at least 30 months out of the five years immediately preceding the date of applying.
    3. Be 18 years old or older at the time of filing.
    4. Be a person of good moral character.
    5. Pass an English and Civics test.
    6. Take an Oath of Allegiance to the United States.

    The naturalization process involves several steps, including an interview and a test. An immigration officer will review the case, the evidence provided and ask the individual some questions. The officer will also decide whether to approve or deny the naturalization application.

    The individual is advised to consult with an immigration lawyer or a qualified representative before filing the form. This is to ensure that they have the required documentation and that the form is properly completed.

    Summary – Impact of Conditional Resident Status on Applying for Citizenship

    Conditional resident status is for to individuals married to a U.S. citizen or permanent resident for less than two years. To maintain this status, the individual must remove the conditions on their green card by demonstrating genuine marriage. If removed, the individual can apply for U.S. citizenship after five years. 

    However, if unable to remove the conditions, they will lose their legal permanent resident status and cannot apply for citizenship. The individual must take the necessary steps to remove the conditions before the green card expires.

    Do You Need to Talk to an Immigration Attorney About Removing the Conditions on Your Resident Status? 

    Get in touch with an experienced immigration attorney through us. Schedule a consultation by calling 914-481-8822. Our knowledgeable attorney will answer your questions and provide the legal guidance you require.

  • Public Charge Final Rule and How It Affects Immigrants

    On September 9, 2022, the United States DHS published a final rule on ‘public charge,’ which took effect on December 23, 2022. This rule clarifies how DHS will determine inadmissibility on the grounds of being a public charge. 

    The rule restores the historical understanding of this ground of inadmissibility, which refers to the possibility of denying a green card, visa, or admission to the United States to a person who is likely to become a burden on the state by relying on public assistance.

    What Is a Public Charge Rule?

    A“public charge” rule is a ground of inadmissibility. Grounds of inadmissibility are factors that can disqualify an individual from obtaining a green card, visa, or admission to the United States. Immigration officers use this rule to determine if an applicant is likely to rely on government assistance in the future, which would make them a “public charge.” However, only some applicants are subject to this rule, and it only applies to some green card applicants.

    What Is the Test for Public Charge?

    In immigration applications, many noncitizens are not required to undergo a public charge test. However, for those who need to take the test, federal law dictates that immigration officials must consider certain factors to determine whether the individual is likely to become a public charge. These include:

    • Age
    • Family status
    • Health
    • resources
    • Assets, resources, and financial status
    • Education and skills

    For some applicants, an Affidavit of Support (USCIS Form I-864) is also required.

    Under longtime DHS policy and the new DHS final rule on public charge, the only public benefits that immigration officials look at as part of the public charge test are:

    • State, Tribal, territorial, or local cash assistance for income maintenance
    • Supplemental Security Income (SSI)
    • Temporary Assistance for Needy Families (TANF)
    • Institutionalization for long-term care at government expense

    Does the Federal Government Consider Public Benefits as Public Charge?

    The federal government excluded many public benefits and services for healthcare, nutrition, housing, and other specific purposes in the public charge test. These include:

    Some of the excluded benefits excluded from the public charge test are:

    • Medicaid (except for long-term institutionalization), CHIP, Medicare
    • SNAP, WIC, free and reduced school meals
    • COVID-19 Vaccines, testing, and treatment 
    • Home-based or community-based health services
    • special-purpose or supplemental benefits such as child care or utility assistance
    • Public housing and shelter

    Additionally, the latest DHS final rule on public charge makes clear that:

    • The federal government will not consider the benefits the family members other than the applicant (such as a U.S. citizen child) receive in the applicant’s public charge test.
    • The public charge test does not include being in an institution for short-term rehabilitation or criminal conviction.
    • Disability alone is not enough to make someone a public charge.
    • Receiving benefits considered in the public charge test does not automatically classify someone as a public charge.

    Does Public Charge Apply to All Immigrants?

    Many noncitizens are exempt from the public charge test in their immigration applications. According to current law, the new DHS final rule on public charge, and DHS policy, the following groups generally do not have to undergo the public charge inadmissibility test: 

    • People applying for or granted:
      • Asylum
      • Refugee status
      • U or T visas
      • Special Immigrant Juvenile Status (SIJS)
      • VAWA self-petitions
      • U.S. citizenship
    • Individuals seeking to apply for or renew DACA (Deferred Action for Childhood Arrivals) or TPS (Temporary Protected Status)

    Related: Deferred Action for Childhood Arrivals

    Overview of the Public Charge Rule

    The 2019 Public Charge Rule

    In 2019, the government modified the “Public Charge rule” during the Trump administration to make it more difficult for people to obtain green cards and visas. The new rule expanded the definition of dependency on government benefits and added the consideration of the future likelihood of reliance on such benefits. This change resulted in a decrease in the number of people who were eligible for these documents.

    In 2019, two versions of the “Public Charge” regulation were released: one by the Department of Homeland Security (DHS) that applied to green card applicants within the United States and another by the Department of State (DOS) that applied to those outside the United States. Both versions of the rule are no longer in effect. The Biden administration halted the DHS rule on March 9, 2021, and a court order stopped the DOS policy on July 29, 2020. 

    In 2019, DHS created the basis for denying green cards to immigrants in the United States. 

    These include:

    1. Prior use of specific public benefits: 

    The DHS expanded the definition of public charge to include common benefits such as:

    -Food Stamps 

    -Medicaid 

    -Federal housing subsidies

    – Housing assistance

    If a person uses one or more of these benefits for more than 12 months within 36 months, DHS could deny their application for a green card.

    2. Leveraging public charge benefits in the future:

    The DHS included some factors which the immigration department will consider to determine if a person could become a public charge in the future. 

    These include:

    • Age: Applicants are only eligible if they are above 18 (incapable of working), older than 61 (minimum retirement age), or not within any age that affects their ability to work. This was important in determining whether an immigrant would become a public charge in the future.  
    • Health: DHS scrutinizes each applicant to ensure their health will not affect their ability to work.
    • Family size: Having a large family could increase the likelihood of a visa denial.

    3. Education and Skills:

    Applicants need to show that they can obtain and maintain employment. Applicants’ employment history, high school diploma, occupational skills, credentials, and proficiency in English and other languages greatly determine whether they get a visa or a green card.

    4. Financial status:

    In addition to looking at the applicant’s income and assets, the DHS looked at other factors. These factors are credit history, credit score, and financial liabilities. Also, whether the applicant has enough insurance to cover medical costs. 

    Public Charge Rule in 2022 

    The United States government proposed the new public charge rule on February 24, 2022, based mainly on the 1999 public charge rule. It was published as a final rule on September 9, 2022, and became effective on December 23, 2022.

    The Department of Homeland Security (DHS) will not consider an individual’s participation in noncash benefits programs, such as Supplemental Nutrition Assistance Program (SNAP), public housing, or school lunch programs, when determining if the individual is likely to become a public charge. The only exception is if the individual receives long-term institutionalization at government expense.

    Public Charge Final Rule on December 23, 2022: What’s New?

    From December 23, 2022, all applicants for a green card in the U.S. will submit the latest version of Form I-485 (Application for Adjustment of Status).

    The form has undergone some changes, and the government will request new data from applicants: These include:

    1. Attempting to Balance Your Income/Assets with Your Debt

    The new form requires applicants to provide details about their income, assets, and debt amounts. These include home loans (mortgages), vehicle loans, student loans, and commercial/small business loans. While revolving debt like credit cards and subscriptions may be considered less important, it is still recommended to report them if they are significant (over $10,000). 

    2. The Government Will Ask for Information about Your Education, Skills, and Qualifications

    You will need to disclose your highest level of education, professional certifications, and job skills. The government will use this information to assess your employment likelihood and identify potential professions for you.

    3. Public Cash Benefits Collected from the U.S.

    As a non-U.S. citizen or permanent resident, using public benefits, particularly cash benefits provided by the state or federal government, can negatively impact your immigration application. It is important to note that these benefits are often restricted to U.S. citizens or their family members. Additionally, the government may inquire about whether you have been institutionalized at U.S. government expense.

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    What Does This Mean for Immigrants?

    U.S. Citizenship and Immigration Services (USCIS) has included some guidance on what is and is not necessary for the benefit section of the form. 

    According to the new form instructions from the USCIS, you do not need to include additional evidence with your application to support the information you have provided on the form. However, the agency may request further evidence, called a Request For Evidence (RFE), if it requires more documentation to decide on your application. 

    You may be concerned about the potential impact of the public charge final rule on you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney. This will give you the opportunity to discuss your specific circumstances and receive professional guidance on how to proceed.

  • Can You Get a Green Card With a Criminal Record?

    If you’re like many people, you want to immigrate to the United States and become a lawful permanent resident. You may even wish to eventually become a U.S. citizen. But what if you have a criminal record? This guide explains whether you can get a green card – and what challenges you may face.

    Before you read any further, you need to know that if you have a criminal record, you must disclose it to U.S. Citizenship and Immigration Services (USCIS). If you lie on an immigration form, USCIS will reject your application.

    Can You Get a U.S. Green Card if You Have a Criminal Record?

    It’s entirely possible to get a green card in the United States if you have a criminal record. However, there are some offenses that make a person ineligible for a green card. They include aggravated felonies, crimes that involve moral turpitude, and crimes that involve illegal drugs.  

    Only convictions for these crimes make you ineligible. You were only convicted if you went to court and a judge said you were guilty of a crime, or you received a sentence (punishment) such as jail time, probation or community service.

    If police arrested you and released you without charges, if the state charged you with a crime and dropped the charges, or if you went to court and the state found you not guilty of the crime, don’t worry. These circumstances alone don’t affect your eligibility for a green card.

    Related: The complete guide to green cards through marriage

    Aggravated Felonies and Green Card Eligibility - Getting a Green Card With a Criminal Record

    Aggravated Felonies and Green Card Eligibility

    Aggravated felonies make a person ineligible for a green card. An aggravated felony is a crime that the U.S. government defines in the Immigration and Nationality Act (INA), but the term can be a little confusing. That’s because every state in the U.S. has its own definitions of crimes, and some crimes that are on the INA’s aggravated felony list aren’t actually felonies in some states. (And that doesn’t even address the word “aggravated,” which has a different definition in many states.)

    List of Aggravated Felonies

    The following table outlines a few of the crimes the INA considers aggravated felonies. It’s not a complete list, though, and even if a crime isn’t defined as an aggravated felony, USCIS and the U.S. government may consider it to be one. That’s why it’s so important to work with a Port Chester immigration attorney if you want a green card but have a criminal record. Your attorney can evaluate your case and take the appropriate steps to help you apply.

    Alien smugglingChild pornographyCommercial bribery
    CounterfeitingDrug traffickingFailure to appear in court for a felony charge
    Firearms and explosives offensesForgeryFraud or tax evasion over $10,000
    KidnappingMoney laundering over $10,000Murder
    Obstruction of justice, perjury or bribery of a witnessRacketeeringRape
    SabotageSexual abuse of a minorSimple battery
    SpyingStatutory rapeTheft
    Trafficking in destructive devices or firearmsTrafficking in persons or running a prostitution businessTrafficking in vehicles
    TreasonViolent crimes 

    Again, this isn’t a complete list. Also, even if the INA doesn’t explicitly mention a crime, the U.S. government may still consider it an aggravated felony.

    Convictions for these crimes may make you ineligible for a green card. But that’s not necessarily the end of the road: Your attorney may be able to ask for a waiver. The government decides who gets these waivers on a case-by-case basis. The nature of the crime and the applicant’s rehabilitation play major roles in whether a person gets a waiver. The government is very unlikely to grant a waiver for a conviction like murder or rape. It’s more likely to give you a waiver if you were convicted of getting into a fistfight with a friend and completed a sentence of probation for it (or something equally “minor”).

    If you have a criminal record and want a green card, it’s important that you speak to an attorney. Your attorney can ask the government for a waiver for you.

    Related: Everything you need to know about deportation from the U.S.

    What is Moral Turpitude?

    The term moral turpitude refers to any “immoral, unethical or unjust departure from ordinary social standards such that it would shock a community.” In plain English, that means any crime committed with the intent to defraud or physically harm someone may be considered a crime of moral turpitude. The most common examples of these crimes involve murder, rape, fraud and animal abuse (or animal fighting).

    Basically, if a crime is shocking to everyday people – such as running a dog fighting ring – it may count as a crime of moral turpitude. Other offenses, such as driving under the influence (DUI) or trespassing, don’t involve moral turpitude.

    If you’ve been convicted of a crime involving moral turpitude, you can’t get a green card. But as with other criminal convictions, you may be eligible for a waiver. Your immigration lawyer will take a close look at your case and help you figure out what to do if your state has convicted you of one of these crimes.

    Related: U visa processing times

    What Crimes Involving Illegal Drugs Make You Ineligible for a Green Card?

    Any drug conviction may make you ineligible for a green card. That’s true whether the state convicted you of possessing a little over an ounce of marijuana or trafficking 1,000 pounds of cocaine. There is one exception in the INA, though: If you have only one drug conviction, and that conviction was for possession of 30 grams or less of marijuana for personal use, you may still be eligible for a green card. However, if that’s your situation, you still need to apply for a waiver.

    The U.S. government takes these types of crimes very seriously, so any drug conviction may make you ineligible to get a green card.

    How Convictions Outside the United States Affect Green Card Eligibility

    Sometimes convictions outside the United States affect green card eligibility. These convictions may be in your home country or in another country.

    If the conviction is equivalent to the U.S.’s version of an aggravated felony, crime of moral turpitude or drug crime, USCIS treats it the same way it would if you were convicted in the United States. However, if the crime isn’t equivalent, your attorney may be able to argue that it shouldn’t count against you for immigration purposes. In either case, you may still be eligible for a waiver – and the government decides waivers on a case-by-case basis.

    Related: What happens if you abandon your green card?

    How to Answer Criminal History Questions on Your Green Card Application - Getting a Green Card With a Criminal Record

    How to Answer Criminal History Questions on Your Green Card Application

    If you have ever been convicted of a crime, even if it won’t affect your eligibility for a green card, you must declare it on your green card application. (When you apply from inside the United States, your attorney will use Form I-485, Application to Adjust Status. When you apply from outside the United States, your attorney will use Form DS-260, Immigrant Visa Application.)

    The questions on the form ask if you have ever experienced certain circumstances. That means from the day you were born through the time you fill out the application. Here are a few of the questions on green card applications:

    • Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official?
    • Have you EVER committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that crime)?
    • Have you EVER pled guilty to or been convicted of a crime or offense (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)?

    These questions ask you about any events that have occurred during your lifetime, so even if you were arrested as a child in your home country but released, you have had your criminal record cleared, or you have committed anything that you know was a crime (even if you weren’t caught), you must be honest.

    You and your immigration attorney will sit down and talk about your criminal history. Be sure to share everything with her; she needs to include complete information on all your immigration forms.

    What Happens if You Leave Out Some or All of Your Criminal History?

    Leaving out some or all of your criminal history counts as immigration fraud. Naturally, if you made a simple mistake – such as forgetting that you pocketed a piece of candy from a convenience store when you were a child – your attorney can explain. However, if you lie because you think that USCIS won’t find out about your criminal record, you paid to have your record cleared, you were convicted in another country, or you don’t think a crime “counts,” you’re committing immigration fraud.

    If you don’t disclose everything on your immigration forms, or if you purposely lie, the U.S. government may tell you that you’re permanently inadmissible. That means you can never get a green card (or even a visitor visa) to the United States.

    Do You Need to Talk to an Immigration Attorney About Getting a Green Card With a Criminal Record?

    If you need to talk to an immigration attorney about getting a green card when you have a criminal record, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • Green Card Through Marriage: Everything You Need to Know

    If you marry a United States citizen or lawful permanent resident, you could be eligible for a green card. A green card is proof that you’re a lawful permanent resident of the U.S., and it enables you to live and work anywhere you wish. But how do you get a green card through marriage, and when do you become eligible? This guide explains everything you need to know about getting a green card based on your marriage to a U.S citizen or lawful permanent resident.

    What is a Marriage Green Card?

    There isn’t a special type of green card for people who marry United States citizens or lawful permanent residents; everyone gets the same type of green card. However, the eligibility requirements for a green card through marriage are different than they are through other paths. Often, people find it easier to get a green card through marriage then they do through a work visa or another program.

    Before you can apply for a marriage based green card, you must be married to a U.S. citizen or lawful permanent resident.

    Your sponsor has to petition the U.S. government for your green card. Your spouse is considered the petitioner or sponsor for your green card, and you’re the beneficiary. You aren’t allowed to apply for your own green card through marriage except in special circumstances. (See the later section, “Green Cards for VAWA Self-Petitioners,” for more information.)

    Working on a Green Card

    When you have a green card, you can work anywhere you’d like without special authorization from the government. That’s true even if you came to the United states on a work visa or you needed an Employment Authorization Document (EAD) to work before you married your spouse.

    Going to School on a Green Card

    You’re allowed to attend a college, university or trade school when you have a green card – there’s no special authorization required. You may also participate in on-the-job training programs, get an apprenticeship or attend special certification courses without permission from the U.S. government.

    Related: What happens if you abandon your green card?

    Who Qualifies to Get a Green Card Through Marriage?

    You may be eligible to get a green card based on your marriage to a citizen or lawful permanent resident. However, your marriage must be legally valid and genuine. U.S. immigration law says that it must be a bona fide marriage. That means that you’re married because you want to spend the rest of your life with your spouse – and that you didn’t simply marry them to get an immigration benefit (like a green card).

    You must also be admissible to the United States.. You’re inadmissible (meaning that you can’t enter the U.S.) if any of the following grounds of inadmissibility apply to you:

    • You have a serious substance abuse problem.
    • You’ve been convicted of drug trafficking.
    • You don’t have the proper vaccines to enter the country, or you have a communicable disease “of public health significance,” such as tuberculosis. However, waivers are sometimes available.
    • You’ve been convicted of or admitted to a crime of moral turpitude. A crime of moral turpitude is a crime that most people find shocking or against the rules of morality. Some examples of these crimes include murder, rape, spousal or child abuse, and animal fighting. There are many other crimes that fall under this term, as well, but sometimes waivers are available.
    • You violated immigration laws, though you may be eligible for a waiver.
    • You’re a spy, terrorist or insurgent, or Nazi.

    Even if you’re already in the United States, the government must determine that you’re admissible before you can get a green card through marriage (or through any other means).

    Waivers are available for some grounds of inadmissibility. Your Port Chester immigration attorney can talk to you about the specifics if any of them apply to you.

    Eligibility Requirements

    If you’re admissible to the United States and you’re married to a green card holder or U.S. citizen, you may apply. However, your spouse must show that they have the financial means to support your entire household. Additionally, your spouse must actually live in the United States (or intend to return to the U.S. with you if you’re both living abroad).

    Can Your Kids Get Green Cards, Too?

    Your unmarried, foreign-born children may be eligible to get green cards at the same time you do if they’re under the age of 21 at the time you apply. It’s okay if they’re not your current spouse’s biological or adopted children. They may be eligible based on their relationship with you, rather than their relationship with your spouse. You should talk to your immigration attorney about obtaining marriage-based green cards for your children; she can give you the legal advice you need.

    Guide to Green Card Marriage in the United States

    Applying for a Marriage Green Card

    Many people choose to work with an immigration attorney to get a green card based on marriage. That’s because the application process can be complicated and time-consuming, and even a small error could lead to rejection.

    When your attorney helps you apply for a marriage-based green card, she’ll file Form I-130 to establish your marital relationship. She needs to include several types of documentation with this form, including proof that your spouse qualifies to sponsor you and that you’re legally married. Your attorney will also include proof that you’re in a bona fide (genuine) relationship with your spouse, such as:

    • A joint lease
    • Joint bank statements
    • Photos of you and your spouse together
    • Receipts for gifts you and your spouse have gotten each other

    Then, your attorney will fill out and file Form I-485 or Form DS-260 for you. That form also needs supporting documentation, including proof of your nationality, that you entered the U.S. lawfully, and that you don’t have any communicable diseases that could pose a public health threat. Your lawyer may need to fill out a number of other forms, too, depending on your situation (such as an application for employment authorization or for travel authorization). You may also need to provide USCIS with other types of documentation, which your attorney will explain to you.

    Green Cards for VAWA Self-Petitioners

    Under most circumstances, your spouse must petition the government for your green card. You’re not allowed to apply for yourself. However, in some cases, people are allowed to apply for their own green cards. If you’re the victim of domestic abuse or cruelty, you may be eligible to apply for your own green card under the Violence Against Women Act (VAWA). You don’t have to be a woman to apply; it’s open to all victims of abuse or cruelty.

    If you apply for your own green card this way, you’re called a VAWA self-petitioner. You may still be able to get a green card without your spouse’s knowledge or consent. If you’re in a situation like this, let your attorney know – she can help you fill out and file the appropriate forms with USCIS.

    Related: What happens to your work permit after cancellation of removal?

    The Marriage Green Card Interview

    After your attorney has filed your petitions and supporting documentation, you have to participate in a green card interview. A U.S. Citizenship and Immigration Services (USCIS) officer will interview you. This officer’s primary job is to determine whether your marriage is genuine. That means the officer looks for evidence that you married just to get a green card – and if they find any, the government will deny your petition.

    Your interview will take place at the USCIS office nearest your home. If you live abroad, your interview will take place at a U.S. embassy or consulate in your home country.

    How the Length of Your Marriage Determines What’s Next

    If you’ve been married for fewer than two years and USCIS approves your petition, you’ll receive a conditional green card that’s valid for two years. If you’ve been married for more than two years, you’ll receive a permanent green card that’s valid for ten years.

    A Word on Conditional Marriage-Based Green Cards

    A conditional green card is only temporary. It’s valid for two years. Before those two years are up, you must apply to remove the conditions; if you don’t, the government can deport you. (The condition is really that you remain married to your spouse for at least that length of time.) Your attorney can help you remove the conditions from your green card. After the conditions are removed, you receive a permanent green card.

    Related: The complete guide to deportation

    How Long Does it Take to Get a Green Card Through Marriage?

    Though processing times vary, it typically takes USCIS between 9 and 36 months to process a green card application. Your immigration attorney can keep track of your application and keep you updated on its status while you wait.

    Marriage Green Cards in the United States

    Common Questions About Green Card Marriage

    Check out these commonly asked questions about marriage-based green cards. If you don’t see the answer to your question here, please call our office at 914-481-8822 to ask – we’ll be happy to give you the answers and legal guidance you need.

    How Long Do You Have to Be Married to Get a Green Card in the U.S.?

    You typically have to be married for at least two years to get a permanent green card. However, you can get a conditional green card before you’ve been married that long. After you remove the conditions from your green card – which you do by showing that your marriage is legitimate (and that you’re still married to the same person) – you may receive a permanent green card that’s good for ten years.

    Related: U visa processing times

    What Happens to Your Green Card if You Divorce?

    If you divorce your spouse before the government issues you a green card, the whole process stops. That’s because you were eligible for a green card based on your marriage to a U.S. citizen or lawful permanent resident – and now that you’re divorced, that relationship no longer exists. You cannot get a green card if you divorce while USCIS is processing your application.

    If you divorce your spouse while you have a conditional green card, you need to prove that your marriage was genuine and that you didn’t commit immigration fraud. There are some special circumstances, such as when you’re a VAWA self-petitioner, that enable you to apply for your own green card if you divorce before your marriage is two years old.

    If you divorce your spouse while you have a permanent green card, which is good for ten years, it probably won’t affect your green card renewal. However, you can contact an immigration attorney if you aren’t sure or need help with your renewal.

    Can You Marry Someone Just to Get a Green Card?

    It’s illegal to marry someone just to get a green card. When the U.S. government finds out that you committed immigration fraud, you’ll be removed from the country. If you’re removed, you won’t be allowed to come back for a set period of time – even if you have a home, a job and other ties to the United States.

    Do You Need to Talk to an Immigration Attorney About Getting a Green Card Through Marriage?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • Abandonment of Green Card (Permanent Residence)

    Are you a permanent resident who travels outside the US frequently and for long periods of time? If that’s true, you are running the risk of abandonment of your green card (permanent residence).

    What Is the Risk of Prolonged Travel outside of the US in Abandonment of Your Green Card?

    For trips that last between six months and one year, those trips create the presumption of abandonment of your green card. For trips longer than one year outside of the US your green card becomes invalid and you may not be able to come back.

    What Happens at Passport Control?

    Border Patrol (CBP) officers have a lot of discretion and if they think that you’ve abandoned your green card, at your next trip they may serve you with a “Notice to Appear.” That will refer you to an Immigration court. Referring you to an Immigration judge starts the removal case against you. In removal proceedings, you will need to prove why you did not abandon your status.

    People travel often thinking that by traveling frequently they are helping themselves by decreasing the risk of abandonment, but that is not true. Talk to an experienced immigration lawyer and find out what the risk is by traveling and in abandoning your green card.

    If questions arise CBP may take you to a separate area for “secondary inspection.” That by itself is not an adverse action, but you may be at the secondary inspection room for as much as a few minutes to several hours or longer. AILA created a very helpful brochure, which you can use as a reference point. You can access the brochure here.

    Know Your Rights if You Are Called into Secondary Inspection!

    If you are detained by CBP in secondary inspection, you have the following rights:

    • You can contact your consulate. The consulate can then contact a lawyer or your family.

    • If you have a lawyer, you can contact your lawyer.

     • You have the right to review all written statements.

    • you may refuse to sign anything presented to you.

    • CPB may search all your belongings – including your purse, bags, electronic devises, wallet, etc.

    The question is if CBP will qualify you as a  “returning resident,” which would be great because then it means you passed the test and they will admit you to the US.

    However, if CBP labels you an “arriving alien” – that will be not such great news.

    Arriving aliens are those who:

    • Have abandoned their LPR status;

    • Have been absent from the U.S. for more than 180 days in a row;

    • Committed crimes after departing the U.S.;

    • Departed the U.S. while your removal case is pending;

     • Committed certain criminal offenses; or

    • Are attempting to enter without inspection.

    What Does It Legally Mean Being an “Arriving Alien” When Evaluating Risk of Abandonment of Green Card?

    You have a right to a Hearing before an Immigration Judge. If you are labeled an “arriving alien,” then you may be charged as removable from the United States. LPRs that are charged as removable have the right to a hearing before an immigration judge. Only an immigration judge can formally strip you off of your Permanent resident status.

    Do not sign any documents presented to you by a CBP officer unless you have had a chance to review them with an attorney.

    Contact us for a consultation today.

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