Articles Posted in Removal Proceedings

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What are some ways to obtain relief from deportation?

Overview:

There are generally four ways to obtain relief from deportation through Cancellation of Removal, Prosecutorial Discretion, Asylum, or Adjustment of Status.

  • Cancellation of removal is a good option for people who have resided in the United States for 10+ years;
  • Asylum is a good option to avoid removal for those who qualify. In order to qualify, an asylum applicant must be unable or unwilling to return to their home country as a result of persecution or well-founded fear of persecution on the basis of five statutorily protected grounds including: race, religion, nationality, membership in a particular social group, or political opinion;
  • Adjustment of status is an option for those who have an immediate relative that is a United States Citizen or Lawful Permanent Resident (LPR). These individuals may adjust their status to lawful permanent residence;
  • Another way is through Prosecutorial Discretion;

For more information please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses a new development relating to President Barack Obama’s November 2014 executive action on immigration. For more information about President Obama’s executive actions on immigration please click here and here.

Overview: 

  • SCOTUS recently granted a request that secures timely consideration for President Obama’s Executive Actions raising the likelihood the case will be heard in the spring and a decision by the end of June; just a few months before the Presidential election.
  • When the Executive Actions on immigration were announced last year, several states filed an injunction against extended DACA and DAPA and those provisions have been at a standstill ever since.
  • Twenty-six states were involved in the lawsuit, with Texas as the lead plaintiff.

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In this segment, attorney Jacob J. Sapochnick discusses the I-601A waiver and when it may be used to legalize a foreign spouse. In this case the foreign spouse was removed for a 3-year period.

For more information about the I-601 and I-601A waivers please click here.

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In this segment, attorney Jacob J. Sapochnick discusses whether a K-1 visa is a safe visa. Security concerns have recently arisen in the media and in Congress following the terrorist attack in San Bernardino which killed 14 people. It was recently discovered that the female shooter which carried out the attack entered the United States on a K-1 visa. In this segment we discuss whether the K-1 visa is a secure enough visa. While we do not disregard terrorism as a legitimate threat to the security of the United States, we believe the K-1 visa does not pose a risk to the safety of United States citizens. Rather, the process to obtain a K-1 visa is extremely invasive and complex.

Overview

  • The San Bernardino gun woman, Tashfeen Malik, entered the US on a fiancé visa. So is the fiancé visa safe?
  • Applying for a K-1 visa is a very rigorous and complicated process — there are a multitude of things both the applicant and petitioner are required to disclose — it is unlikely that a terrorist would use this visa in order to gain entry and inflict harm. It is somewhat easier for them to falsify and/or misrepresent information on a tourist visa application, and enter the US on a tourist visa, than to obtain a K-1 visa.
  • The K-1 visa applicant is subjected to a background check and an interview at a US consulate or embassy overseas as a security and fraud prevention mechanism
  • The K-1 visa applicant must provide a police clearance record, military record, court and prison records, proof of bona fide relationship, and must disclose any inadmissibility issues
  • Even once the K-1 visa is granted, the fiance is only allowed 90 days to marry the US Citizen spouse. If the fiance does not do so they must depart the United States or face removal proceedings
  • If the fiance marries the US Citizen spouse and seeks permanent residence, the fiance must provide the same documents once again, undergo security screening, and attend an interview with the spouse
  • Even once the fiance receives their green card, it will be conditional based on their marriage to the US citizen spouse meaning that it is only good for 2 years
  • The fiance must file an I-751 removal of conditions application with their spouse, before the expiration of their conditional green card in order to obtain the 10 year permanent resident card
  • The I-751 application process is a document intensive and invasive process which requires the couple to provide documented evidence that their marriage was entered in good faith and not for the purposes of obtaining an immigration benefit.

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In this segment, attorney Jacob J. Sapochnick discusses one of our most frequently asked questions: I have married a different petitioner than the one who filed my K-1 fiancé visa, can I still apply for my green card?

Overview

– The K-1 fiancé visa allows you to marry only the original US citizen petitioner that filed your K-1 fiancé visa

–The K-1 fiancé visa does not allow you to enter the United States and later adjust your status to permanent residence within the United States, while married to a different person

– It is possible for you to proceed with an adjustment of status from your home country, if you have now married a different person than the one who petitioned for your K-1 fiancé visa, through a process known as consular processing

–Couples who are concerned about the impact of physical separation on their relationship may consider the K-3 visa as an alternative to consular processing

–If you have accrued unlawful presence in the United States you will be subject to a bar and will need to file a waiver before applying for permanent residence

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In this episode, attorney Jacob J. Sapochnick Esq. discusses the removal process following detention.

– Following your detention, you have the right to fight your case, you cannot just be kicked out without due process of law

– In most cases, unless there is an outstanding order of removal in your file, you have the right to defend your case in immigration court

– A Notice to Appear (NTA) must be issued to you by Homeland Security. The NTA signals the initiation of removal proceedings against you

For further questions please call our office.

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In this episode attorney Jacob Sapochnick, Esq. answers questions regarding deportation including who can be deported from the United States and what the grounds are for removal proceedings.

– having a green card or visa does not mean you cannot be removed

– these rights depend entirely on the person following certain rules and avoiding certain types of legal violations

– US citizens cannot be removed unless they use fraud to gain citizenship

 

For questions and legal advice please call our office for a legal consultation.

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