Articles Posted in Unlawful Entry

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In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: Why can’t the President just give permanent residency to undocumented persons?

Overview: 

Only Congress may pass legislation that will create a path to citizenship for undocumented immigrants known as “amnesty.” The constitution of the United States limits the president’s authority to pass laws. The President may only pass executive actions to provide temporary relief when Congress is unwilling to act or there is a state of emergency. A popular belief that many people have is that the DACA program and the now defunct DAPA programs offer undocumented persons a sort of amnesty. This belief is incorrect. The current DACA program offers only temporary relief to undocumented persons living in the United States. It was designed to shield undocumented persons from deportation and provide them an opportunity to obtain temporary employment authorization.

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In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I am an undocumented immigrant that has been living in the United States for the past 15 years. I have used a different name on all of my legal documentation. How will this affect me if there is immigration reform?

Overview: 

Question: I’ve been living and working in the United States for the past 15 years. I’ve worked using someone else’s security number and I have been paying my taxes, but I don’t have any records or documents with my real name, how is this going to affect me in the future when I try to qualify for immigration reform?

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In this video, attorney Jacob J. Sapochnick Esq. discusses a new California law called AB-60 enacted in 2015 which grants undocumented immigrants the ability to apply for a California drivers license.

Overview:

Beginning in 2015, the California DMV began issuing AB 60 driver licenses, which are available to California residents regardless of their immigration status. This change became effective on January 1st, 2015.

AB 60 driver’s license can be used for personal identification and gives undocumented immigrants the right to legally drive in California but does not grant any other privileges. An AB 60 driver license looks the same as a regular driver’s license except for one feature. In the right corner, there is a pre-printed notation “Federal Limits Apply”.

If you want to obtain an AB 60 driver license, you need to prove your identity and residency in the State of California, pass the knowledge tests and behind-the-wheel driving exams. In order to apply for AB 60 driver’s license, you need to make an appointment or visit DMV office.

The identification information and residency address you provide when applying for AB 60 driver’s license does not become a public record. Even if you are unlawfully present in the US, the DMV may not disclose this information except when requested by a law enforcement agency as part of an investigation.

You do NOT have to provide a Social Security Number in the AB 60 application. Please do NOT use any SSN number that was not legally assigned to you as it is a federal crime. DMV will check legitimacy of your information and has a right to forward the SSN for verification.

You can find more information here and read our AB 60 frequently asked questions here.

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In this segment, attorney Jacob Sapochnick Esq., discusses an example of an I-601 Waiver. For more information about waivers of inadmissibility please click here.

Overview:

An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from being otherwise admissible. The I-601 application applies to certain aliens who believe they are ineligible for admission to the United States based on certain grounds of inadmissibility.

I-601 Success Story 

Maria, a Mexican citizen, was brought to the United States unlawfully at only 3 years of age. She lived here in the United States all of her life. She attended high school and college in the United States. She and her US Citizen husband came to our office and told us that they wanted to legalize her status in the United States. We analyzed her case and told the couple that in order to legalize her status, they would need to file the I-601 waiver. We also discussed the risks associated with the I-601 waiver. When filing the I-601 waiver, the applicant (Maria) is required to leave the country. When an undocumented immigrant leaves the country, they run the risk of being barred from re-entering the United States. Maria and her husband decided to file the application despite these risks. Maria was able to file a waiver based on her marriage to a US Citizen, and the fact that she had no immigration violations other than the accrual of unlawful presence. Our office filed the I-130 petition. Once approved the petition was sent to the National Visa Center and Maria was assigned an interview in Ciudad Juarez. She attended the interview and as expected she was denied, because she entered the US unlawfully. After this, our office submitted the waiver one week later. The waiver submitted for this case was based on the extreme hardship Maria’s U.S. Citizen husband would suffer if she were removed from the United States or denied entry. This type of waiver involves collection of documents proving that the US Citizen husband has a legitimate claim of extreme hardship. In this case, we collected medical, academic, occupational, and financial documents to prove that if Maria were removed from the United States, he would suffer an extreme hardship since his life would be uprooted, and he would not be able to find similar employment abroad. The waiver also involves collection of documents proving that the undocumented immigrant is an exemplary individual such as academic transcripts, awards, honors, etc. It also consisted of medical and psychological evaluations proving that the US Citizen suffered from anxiety and depression. Affidavits and letters from family and friends were also included in support of the extreme hardship. Within one week of submitting the waiver package to the US Consulate in Juarez, the immigration officer reviewed the case and granted the waiver. When she returned to the embassy she was given her immigrant visa in her passport and was able to re-enter the United States. This is an example of a successful I-601 waiver case that was achieved with careful preparation and planning so that our client could achieve favorable results.

For more questions about the I-601 waiver please contact our office. 

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: Am I eligible to file for adjustment of status inside the United States? For the answer to this question please keep watching. For more information about adjustment of status, please click here.

Overview: 

Am I eligible to file for adjustment of status inside the United States?

In order to file for adjustment of status from a non-immigrant visa classification to legal permanent resident, several conditions must be met. If you do not meet any of the following conditions you cannot file for adjustment of status from inside the United States.

  1. First, in order to apply for permanent residence, you must be physically inside of the United States. If you are not physically present in the US you must obtain an immigrant visa at a United States Consular post abroad.
  2. Your Immigration petition must have already been approved (I-130 or I-140 Petition) before filing of the I-485 Application to Register Permanent Residence or Adjust Status (green card application).
  3. If your priority date is not current then you cannot file a petition for adjustment of status.

What does this mean?

A priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. Immediate Relatives of US Citizens are generally not subject to numerical visa limitations. You can check the status of a visa number by checking your priority date on the Department of State’s Visa Bulletin published every month. The Visa Bulletin estimates immigrant visa availability for prospective immigrants.

4. If your priority date is not current then you cannot file a petition for adjustment of status until it becomes current.

5. You must have entered the US illegally and be able to prove that you entered legally (inspection documents such as I-94). There are exceptions to this rule such as section 245i

6. You must not have any changes in your circumstances (ex. change in employment; divorce before green card)

7. You must not be barred from the United States. If you have been subject to a bar because you attempted to enter the US illegally, departed the US voluntarily, are guilty of immigration fraud, willful misrepresentation, or other criminal issues you are likely inadmissible and cannot file for adjustment of status. A waiver may be available to individuals in these situations that will allow the immigrant to seek adjustment of status.

For more information please contact our office for a consultation.

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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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Entered the country illegally and now married to a US Citizen? Watch the video below for more information on the possibility of applying for a green card.

– There is a big difference in having entered the United States illegally and entering the country legally but remaining in the United States past your authorized stay as indicated on your visa

– The process outlined in this video outlines information to be followed if you entered the US without inspection after April 2001; before this date section 245 of the law can be used to adjust status in US

– In 2013 a new waiver was introduced allowing aliens to seek a pardon if the only offence is an overstay

If you are ready to get started please call our office.

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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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