Articles Posted in Trump administration

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In this post, we answer one of your most frequently asked questions: how can you find the right immigration lawyer for you?

You need an immigration lawyer, but how do you find the right one? Watch this video to learn all about what you need to know before hiring an immigration lawyer.

In this video we offer several guidelines that can help you decide on the right immigration lawyer for you.

Referrals

First of all, you may want to begin by asking for a referral from your close network of friends or family members who may have already worked closely with an immigration lawyer. Social media is a great resource to ask for recommendations from your network and look up reviews of immigration attorneys in your area. You should make a list of the attorneys you would like to work with and contact their offices to set up a consultation. Most attorneys offer first-time consultations. Consultations are a great opportunity for the client to meet one-on-one with the attorney and see if you have a connection with the attorney and would ultimately like to retain the attorney to work on your particular case.

Flat Fee Considerations

Secondly, it is important for you to find out during your consultation whether the attorney charges a flat rate for his services or whether the immigration attorney bills the client an hourly rate. Most immigration attorneys charge flat rates for their services, but this may not always be the case depending on the type of immigration service you are seeking (for example asylum and removal defense cases may require additional costs). Flat rates are more desirable for clients because you will know up front how much it will cost you to pay for the legal fees associated with your case. This may be a good way to determine whether an attorney is the right one for you.

Come Prepared

Come to the consultation with the attorney prepared. Research the immigration service you are seeking and become informed about the process beforehand so that you can ask the attorney your burning questions and any concerns you may have before starting the filing process. You will want to discuss with your attorney the steps involved in the process, the general plan to achieving success on your application, the hurdles that you may run into during the process, and fallback options if your application is unsuccessful. An attorney who can provide you with the full picture of the legal process will allow you to have greater confidence and peace of mind.

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In this video, we touch on a very common question: what are the possibilities of changing your status after a visa overstay?

If a person comes to the United States on a visa, whether it is a tourist visa or a student visa, there is a duration of stay that is attached to the visa. To determine the amount of time you are allowed to remain in the United States you must obtain your I-94 arrival/departure record from the CBP website.

If you entered the United States on a tourist visa you can typically stay for up to six months, and you can extend your stay for another six months. During your initial authorized stay, you may change your status to another category such as a student or investor visa. Once you have overstayed and essentially lost your legal status, it is very difficult to change to another legal status.

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What’s happening with DACA today?

In this post, attorney Jacob Sapochnick talks all about the state of DACA (Deferred Action for Childhood Arrivals) and what you should know as a recipient of DACA.

In September of 2017 the Trump administration announced that it would be ending the DACA program, which allows undocumented immigrants who came to the U.S. as children to live and work in the United States without fear of deportation.

Attorney General Jeff Sessions spoke on behalf of the administration and said that USCIS would not accept new requests for DACA but would allow DACA recipients with work permits expiring between September 2017 and March 5, 2018 to apply for a final 2-year renewal of their status including employment authorization.

This announcement put considerable pressure on Congress to pass legislation before March 5, 2018 to protect Dreamers from deportation.

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Overview:

What is the I-601 Waiver?

The I-601 waiver is an application that is filed by individuals who are ineligible to gain admission to the United States as an immigrant, or who cannot adjust their status in the United States to become a permanent resident, because they are barred from the United States. The I-601 waiver is essentially a form that is filed to gain permission to apply for permanent residence in the United States or gain admission through an immigrant visa. This form will allow individuals to obtain relief from the following grounds:

  1. Health-related grounds of inadmissibility (INA section 212(a)(1))
  2. Certain criminal grounds of inadmissibility (INA section 212(a)(2))
  3. Immigration fraud and misrepresentation (INA section 212(a)(6)(c))
  4. Immigrant membership in totalitarian party (INA section 212(a)(3))
  5. Alien smuggler (INA section 212(a)(6)(E))
  6. Being subject to civil penalty (INA section 212(a)(6)(F))
  7. The 3-year or 10-year bar due to previous unlawful presence in the United States (INA section 212(a)(9)(B))

Who is Eligible?

Not everyone is eligible. To qualify, you must have what is called a “qualifying” relative who will be the focus of the petition. A qualifying relative includes a U.S. Citizen or legal permanent resident spouse or parent. In cases where a waiver is filed for certain criminal grounds of inadmissibility a qualifying relative may also include a child who is a U.S. citizen.

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You’ve made it to the airport, but Customs and Border Protection has denied you entry into the United States, before even boarding the plane. What steps can you take to resolve the situation?

There may be various reasons why a CBP officer may prevent you from gaining entry to the United States. The most common reasons include:

  • When you have been in the United States in the past on a tourist visa and you overstayed the amount of time allowed in the United States
  • You were previously on a tourist visa in the U.S. and applied for an extension of stay, but that application was denied
  • You were previously in the U.S. on a tourist visa and you did not spend at least 6 months in your home country when you returned.
  • You are a legal permanent resident of the U.S. but you have lost your green card, you will not be able to board a plane
  • If you overstayed your visa and there is a record, you will not be allowed to re-enter the U.S.

What should you do when you are denied entry?

Contact an immigration attorney to determine the reason you are not allowed to board the plane. Typically, individuals in this situation must file an inquiry to find out the reason they were denied entry. It may be worth it to visit a U.S. embassy to receive more information regarding the denial of entry. In some cases the U.S. embassy may be able to re-validate your visa, or you may be able to file a waiver if you have been barred from the United States for certain violations.

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Learn more about the new 90-day presumption of fraud rule in this video and how it affects the adjustment of status of foreign nationals living in the United States.

0:24 – New Rule Changes

0:52 – What is 90-day Rule Do?

1:37 – Our advice or suggestions for this new rule

Overview: 

WHO:

In September 2017 the Department of State released an amended version of the Foreign Affairs Manual (FAM), which is a manual used by governmental agencies and other federal agencies that directs and codifies information that must be carried out by respective agencies “in accordance with statutory, executive and Department mandates.”

WHAT:

The new amended version of the manual expands the definition of misrepresentation, the types of activities that may support a presumption of fraud, and establishes changes to existing policies that federal agents must follow in making assessments of fraud or material representation.

According to the amended FAM: If a foreign national engages in any of the following activities, and applies for an immigration benefit, the FAM directs immigration officers to apply a presumption of fraud or material misrepresentation when the foreign national seeks adjustment of status:

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In this post, attorney Jacob Sapochnick discusses what the President’s March 5th deadline means for DACA recipients and what DACA holders should expect within the coming months. The President while rescinding the DACA program, had given Congress until March 5 to pass legislation creating a path to citizenship for Dreamers. Congress however failed to deliver on their promise, and Senators are continuing their negotiations to reach a bipartisan deal on immigration that would allow Dreamers to apply for permanent residency after fulfilling several criteria.

By court order, individuals whose DACA benefits expire on or after September 5, 2016 may apply for a renewal of their status. In addition, individuals whose DACA benefits expired before September 5, 2016 or whose DACA benefits were previously terminated at any time, may file a new initial DACA request following the Form I-821D and Form I-765 instructions.

It is estimated that approximately 668,000 immigrants have been issued work permits under DACA that will expire March 5th or later, however these individuals may seek a renewal of their status as previously mentioned, and continue working and remaining in the United States for an additional 2 years without fear of deportation.

For more information on the future of DACA please click here.

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En este video, el abogado Jacob Sapochnick habla sobre la detencion de nuestro cliente Orr Yakobi, quien fue detenido tras tomar la autopista equivocada, que lo dirigio hacia Mexico donde oficiales de la aduana y proteccion de fronteras lo detuvieron despues de tratar de entrar de nuevo a los Estados Unidos. Yakobi es un estudiante de la Universidad de California en San Diego y es uno de los 700,000 “Dreamers” viviendo en los Estados Unidos bajo la proteccion de el programa. Nuestra oficina logro liberarlo despues de estar detenido por cinco dias gracias a nuestra comunidad, los medios de comunicacion, y con el apoyo de miembros de el Congreso. Es nuestro orgullo proteger y defender a Dreamers como Orr Yakobi.

Para conocer mas sobre los servicios que ofrecemos, visite nuestro sitio de web.

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26961961_10155987172608766_8750688692100538053_oIt is our great pleasure to announce that on January 12, 2018, our office successfully negotiated the release of Orr Yakobi from the Otay Mesa Detention Center. As previously reported, Orr Yakobi was detained by the United States Customs and Border Protection on January 8th, after he and a friend made a wrong turn that led their vehicle out of the United States and into Mexico.

Yakobi, an Israeli national, was brought to the United States at a young age by his parents and was under the protection of the Deferred Action for Childhood Arrivals program (DACA). Under the conditions of the program, a DACA recipient may not leave the United States unless they have applied for and received a special travel permit from USCIS known as “advance parole” which allows the individual to re-enter the United States without issue. Failure to present an advance parole document will result in the questioning and likely detention of the individual.

Unfortunately for Yakobi, CBP officials refused to consider that his departure was purely accidental. Although Mr. Yakobi explained that he and his friend intended to take the 805 Northbound which would have taken them on their way home, instead of the 805 Southbound, officials still decided to detain him.

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With the help of our outstanding community, members of Congress, and the media, our office had the unique opportunity to advocate for Mr. Yakobi, a soon to be graduate of the University of California, San Diego. We are proud to represent Dreamers like Orr Yakobi, who contribute enormously to our economy, and make our country a better place.

For more information about his release please click here.

For more information about the services we offer please visit our website.

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Breaking news, a federal judge for the District of Columbia, issued a ruling in the lawsuit, National Venture Capital Association, et.al. v. Duke, et. al, overturning the government’s delay of the International Entrepreneur Rule. This means that international entrepreneurs may now apply for parole under the rule as of Friday, December 1, 2017. The caveat, however, is that since the ruling was just handed down on Friday, no application has yet been released to apply under the rule, and the current parole application is not suited for the rule. It is expected that the government will soon issue a statement regarding the court’s decision and provide further guidance on what form to use.

In its decision, the judge ruled that the Department of Homeland Security unlawfully delayed enforcement of the rule, when it postponed the rule from going into effect just days before the rule was set to go into effect on July 17, 2017, without following the appropriate notice-and-comment procedure required by the Administrative Procedure Act.

Entrepreneurs must keep in mind that the the Trump administration may appeal the federal judge’s decision, or continue with their plans to rescind the rule, but as it now stands the government must accept applications for the international entrepreneur rule, even if the administration continues with their plans to rescind the rule.

What is the IER?

The rule makes it easier for eligible start-up entrepreneurs to obtain temporary permission to enter the United States for a period of 30 months, or 2.5 years, through a process known as “parole,” for the purpose of starting or scaling their start-up business enterprise in the United States. The decision about whether to “parole” a foreign entrepreneur under this rule will be a discretionary determination made by the Secretary of Homeland Security on a case-by-case basis (INA Section 212(d)(5), 8 U.S.C. 1182(d)(5)).

“Parole” will be granted to eligible entrepreneurs who can demonstrate that their company’s business operations are of significant public benefit to the United States by providing evidence of substantial and demonstrated potential for rapid business growth and job creation. Such demonstrated potential for rapid growth and job creation may be evidenced by: (1) significant capital investment from U.S. investors with established records of successful investments or (2) attainment of significant awards or grants from certain Federal, State, or local government entities.

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