Immigration News from Sandra Boogaard Law

Navigating International Travel in 2025: Essential Information for Immigrants and Visa Holders

sandra@sandraboogaardlaw.com (Sandra Boogaard) — Tue, 15 Apr 2025 13:38:17 GMT

Traveling internationally in 2025 presents new challenges for immigrants, visa holders, and even U.S. citizens due to heightened border security measures. Customs and Border Protection (CBP) has increased scrutiny at ports of entry, which may include detailed questioning, searches of electronic devices, and reviews of social media activity. These measures can affect travelers regardless of their immigration status, and inconsistencies between travel purposes and carried items can lead to denial of entry.

To prepare for international travel, ensure all documentation is current and accurately reflects your travel intentions. Be ready to explain your trip's purpose and consider minimizing sensitive content on electronic devices. While you are not obligated to unlock your devices, refusal may result in confiscation or denial of entry. Those with prior immigration issues or unusual travel patterns should be especially cautious, as they may face additional inspections or detention. Be careful of what you post on social media and ensure that you do not break the law!

Given the evolving nature of immigration policies, staying informed and prepared is crucial. For personalized advice, consider reaching out to a qualified immigration attorney who can provide guidance based on your specific circumstances.

It's advisable to consult with an immigration attorney before traveling and to inform someone of your travel plans in case legal assistance becomes necessary.

Sandra Boogaard Law Office- Phone: (330) 329-7134

Email: sandra@sandraboogaardlaw.com

Can the ICE use your taxes against you? What you need to know.

sandra@sandraboogaardlaw.com (Sandra Boogaard) — Tue, 15 Apr 2025 13:21:27 GMT

Immigration and Taxes, Removal/Deportation Orders

The Internal Revenue Service (IRS) has entered into a new agreement with the Department of Homeland Security (DHS) that allows Immigration and Customs Enforcement (ICE) to request tax information about certain undocumented immigrants. Specifically, ICE can access data on individuals who have final deportation orders or are under criminal investigation, including for overstaying their removal deadlines. This marks a significant shift from the IRS's longstanding policy of keeping taxpayer information confidential, particularly for those using Individual Taxpayer Identification Numbers (ITINs).

It’s important to note that this agreement does not give ICE unrestricted access to tax records. The IRS should only share information in limited cases where there is a legal basis, such as a pending criminal case or a final removal order. Individuals who are complying with the law and using ITINs to pay their taxes should continue to do so. Filing taxes remains a way to demonstrate good moral character and establish a record of presence in the U.S., which can be helpful in certain immigration cases. If you have questions or concerns about how this may affect your situation, it’s a good idea to speak with a qualified immigration attorney.

Sandra Boogaard Law Office phone: (330) 329-7134

Email: sandra@sandraboogaardlaw.com

Status on Trump's Birthright Citizenship Executive Order

sandra@sandraboogaardlaw.com (Sandra Boogaard) — Thu, 27 Feb 2025 17:57:39 GMT

Is Birthright Citizenship Dead?

Understanding the Executive Order on Birthright Citizenship and Its Legal Challenges

Recently, former President Donald Trump signed an executive order aimed at limiting birthright citizenship in the United States. This order states that children born on U.S. soil will not automatically receive citizenship unless at least one of their parents is a U.S. citizen or a legal permanent resident. The goal, according to supporters, is to prevent undocumented immigrants from taking advantage of the current system. However, this order conflicts with the long-standing interpretation of the 14th Amendment, which has granted citizenship to nearly all individuals born in the U.S. since 1868.

As soon as the executive order was announced, multiple lawsuits were filed to block its enforcement. Judges in various states, including Washington, Maryland, and Massachusetts, have ruled that the order is unconstitutional, arguing that the 14th Amendment clearly states that anyone born in the U.S. is a citizen. The Supreme Court has upheld this interpretation for over a century, particularly in the landmark 1898 case United States v. Wong Kim Ark. Many legal experts believe that the executive order will not survive court challenges and will likely be struck down permanently.

For now, the executive order is on hold, and birthright citizenship remains unchanged. However, the issue is far from settled, as the legal battles could eventually reach the Supreme Court. This debate has sparked a larger conversation about immigration policies, citizenship rights, and constitutional law. As the situation unfolds, it is crucial to stay informed about the decisions made by the courts and their impact on families and communities across the country.

NEW TRUMP REGISTRATION REQUIREMENT!

sandra@sandraboogaardlaw.com (Sandra Boogaard) — Thu, 27 Feb 2025 17:45:14 GMT

Undocumented Immigrants MUST REGISTER THEIR PRESENCE WITH USCIS OR FACE !

On January 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order, reinforcing the requirement for noncitizens to register with the government under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302) . This mandate applies to most noncitizens over the age of 14 who were not previously registered when applying for a visa and remain in the U.S. for more than 30 days. Parents and guardians are responsible for ensuring registration of children under 14, and all registered individuals must carry proof of registration once issued. Failure to comply may result in civil and criminal penalties , including fines and possible misdemeanor prosecution.

To facilitate compliance, U.S. Citizenship and Immigration Services (USCIS) is introducing a new form and online registration process , set to launch on February 25, 2025 . Most noncitizens, such as lawful permanent residents, visa holders, and individuals with work authorization, have already met this requirement. However, those present in the U.S. without inspection, certain Canadian visitors, and some applicants for benefits like Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) may need to register. While registration does not grant immigration status or employment authorization, it is a legal obligation. Noncompliance could lead to enforcement actions , making it crucial for affected individuals to prepare by creating a USCIS online account in advance. For legal guidance and assistance in navigating this requirement, contact an experienced immigration attorney.

Sandra Boogaard Office

Phone- (330) 329-7134

Email- sandra@sandraboogaardlaw.com

Keeping Families Together: A New Pathway for Noncitizen Spouses and Stepchildren of U.S. Citizens

sandra@sandraboogaardlaw.com (Sandra Boogaard) — Thu, 10 Oct 2024 20:15:01 GMT

Keeping Families Together- President Biden's parole

THE COURTS IN TEXAS STRUCK DOWN THIS BENEFIT- This is no longer good law!

Keeping Families Together: A New Pathway for Noncitizen Spouses and Stepchildren of U.S. Citizens

Hello everyone,

We have some important updates to share about a significant development in the U.S. immigration system that aims to keep families together. The Department of Homeland Security (DHS) has introduced the "Keeping Families Together" process, which provides a new opportunity for certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place.

What is Parole in Place?

Parole in place is a discretionary authority granted by DHS under section 212(d)(5)(A) of the Immigration and Nationality Act (INA). This allows certain noncitizen "applicants for admission" to be present in the United States temporarily for urgent humanitarian reasons or significant public benefit. Essentially, it means that noncitizens who are already in the U.S. without admission or parole can be considered for this process, allowing them to stay in the country legally.

Who is Eligible?

The Keeping Families Together process is specifically designed for noncitizen spouses and stepchildren of U.S. citizens. DHS estimates that around 500,000 noncitizen spouses and 50,000 noncitizen stepchildren could be eligible. On average, these individuals have resided in the United States for 23 years, making this a crucial step towards family unity.

Current Legal Proceedings

It's important to note that on August 26, 2024, the United States District Court for the Eastern District of Texas issued an administrative stay, temporarily preventing DHS from granting parole in place under this process. This stay has been extended, and as of September 11, 2024, the United States Court of Appeals for the Fifth Circuit has kept the stay in place pending further orders.

What Does This Mean for You?

While the administrative stay is in effect, USCIS will not grant any pending parole in place requests. However, they will continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. Biometric appointments will also continue as scheduled.

Moving Forward

If you are considering applying for parole in place, it's essential to stay informed about the latest updates. USCIS is committed to maintaining program integrity and protecting against fraud, so be prepared to provide thorough and accurate documentation to support your application.

For more detailed information, including eligibility criteria and the request process, please contact our office, Sandra Boogaard Law Office at (330) 329-7134 or email at sandra@sandraboogardlaw.com to schedule your consultation to discuss your specific situation and how we can assist you with your application.

SBLAW

President's Biden Immigration Bill Overview!

sandra@sandraboogaardlaw.com (Sandra Boogaard) — Sat, 06 Feb 2021 15:14:56 GMT

The U.S. Citizenship Act of 2021 establishes a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere.

President Biden is sending a bill to Congress on day one to restore humanity and American values to our immigration system. The bill provides hardworking people who enrich our communities every day and who have lived here for years, in some cases for decades, an opportunity to earn citizenship. The legislation modernizes our immigration system, and prioritizes keeping families together, growing our economy, responsibly managing the border with smart investments, addressing the root causes of migration from Central America, and ensuring that the United States remains a refuge for those fleeing persecution. The bill will stimulate our economy while ensuring that every worker is protected. The bill creates an earned path to citizenship for our immigrant neighbors, colleagues, parishioners, community leaders, friends, and loved ones—including Dreamers and the essential workers who have risked their lives to serve and protect American communities.

FEATURES OF THE CITIZENSHIP ACT:

PROVIDE PATHWAYS TO CITIZENSHIP & STRENGTHEN LABOR PROTECTIONS

• Create an earned roadmap to citizenship for undocumented individuals. The bill allows undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation. After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens. Applicants must be physically present in the United States on or before January 1, 2021. The Secretary of the Department of Homeland Security (DHS) may waive the presence requirement for those deported on or after January 20, 2017 who were physically present for at least three years prior to removal for family unity and other humanitarian purposes. Lastly, the bill further recognizes America as a nation of immigrants by changing the word “alien” to “noncitizen” in our immigration laws.

• Keep families together. The bill reforms the family-based immigration system by clearing backlogs, recapturing unused visas, eliminating lengthy wait times, and increasing per-country visa caps. It also eliminates the so-called “3 and 10-year bars,” and other provisions that keep families apart. The bill further supports families by more explicitly including permanent partnerships and eliminating discrimination facing LGBTQ+ families. It also provides protections for orphans, widows, children, and Filipino veterans who fought alongside the United States in World War II. Lastly, the bill allows immigrants with approved family-sponsorship petitions to join family in the United States on a temporary basis while they wait for green cards to become available.

• Embrace diversity. The bill includes the NO BAN Act that prohibits discrimination based on religion and limits presidential authority to issue future bans. The bill also increases Diversity Visas to 80,000 from 55,000.

• Promote immigrant and refugee integration and citizenship. The bill provides new funding to state and local governments, private organizations, educational institutions, community-based organizations, and not-for-profit organizations to expand programs to promote integration and inclusion, increase English-language instruction, and provide assistance to individuals seeking to become citizens.

• Grow our economy. This bill clears employment-based visa backlogs, recaptures unused visas, reduces lengthy wait times, and eliminates per-country visa caps. The bill makes it easier for graduates of U.S. universities with advanced STEM degrees to stay in the United States; improves access to green cards for workers in lower-wage sectors; and eliminates other unnecessary hurdles for employment-based green cards. The bill provides dependents of H-1B visa holders work authorization, and children are prevented from “aging out” of the system. The bill also creates a pilot program to stimulate regional economic development, gives DHS the authority to adjust green cards based on macroeconomic conditions, and incentivizes higher wages for non-immigrant, high-skilled visas to prevent unfair competition with American workers.

• Protect workers from exploitation and improve the employment verification process. The bill requires that DHS and the Department of Labor establish a commission involving labor, employer, and civil rights organizations to make recommendations for improving the employment verification process. Workers who suffer serious labor violations and cooperate with worker protection agencies will be granted greater access to U visa relief. The bill protects workers who are victims of workplace retaliation from deportation in order to allow labor agencies to interview these workers. It also protects migrant and seasonal workers, and increases penalties for employers who violate labor laws.

PRIORITIZE SMART BORDER CONTROLS

• Supplement existing border resources with technology and infrastructure. The legislation builds on record budget allocations for immigration enforcement by authorizing additional funding for the Secretary of DHS to develop and implement a plan to deploy technology to expedite screening and enhance the ability to identify narcotics and other contraband at every land, air, and sea port of entry. This includes high-throughput scanning technologies to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning. It also authorizes and provides funding for plans to improve infrastructure at ports of entry to enhance the ability to process asylum seekers and detect, interdict, disrupt and prevent narcotics from entering the United States. It authorizes the DHS Secretary to develop and implement a strategy to manage and secure the southern border between ports of entry that focuses on flexible solutions and technologies that expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated and broken out by Border Patrol Sector. To protect privacy, the DHS Inspector General is authorized to conduct oversight to ensure that employed technology effectively serves legitimate agency purposes.

• Manage the border and protect border communities. The bill provides funding for training and continuing education to promote agent and officer safety and professionalism. It also creates a Border Community Stakeholder Advisory Committee, provides more special agents at the DHS Office of Professional Responsibility to investigate criminal and administrative misconduct, and requires the issuance of department-wide policies governing the use of force. The bill directs the Government Accountability Office (GAO) to study the impact of DHS’s authority to waive environmental and state and federal laws to expedite the construction of barriers and roads near U.S. borders and provides for additional rescue beacons to prevent needless deaths along the border. The bill authorizes and provides funding for DHS, in coordination with the Department of Health and Human Services (HHS) and nongovernmental experts, to develop guidelines and protocols for standards of care for individuals, families, and children in CBP custody.

• Crack down on criminal organizations. The bill enhances the ability to prosecute individuals involved in smuggling and trafficking networks who are responsible for the exploitation of migrants. It also expands investigations, intelligence collection and analysis pursuant to the Foreign Narcotics Kingpin Designation Act to increase sanctions against foreign narcotics traffickers, their organizations and networks. The bill also requires the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA) and DHS, in coordination with the Secretary of State, to improve and expand transnational anti-gang task forces in Central America.

ADDRESS ROOT CAUSES OF MIGRATION

• Start from the source. The bill codifies and funds the President’s $4 billion four-year inter-agency plan to address the underlying causes of migration in the region, including by increasing assistance to El Salvador, Guatemala, and Honduras, conditioned on their ability to reduce the endemic corruption, violence, and poverty that causes people to flee their home countries. It also creates safe and legal channels for people to seek protection, including by establishing Designated Processing Centers throughout Central America to register and process displaced persons for refugee resettlement and other lawful migration avenues—either to the United States or other partner countries. The bill also re-institutes the Central American Minors program to reunite children with U.S. relatives and creates a Central American Family Reunification Parole Program to more quickly unite families with approved family sponsorship petitions.

• Improve the immigration courts and protect vulnerable individuals. The bill expands family case management programs, reduces immigration court backlogs, expands training for immigration judges, and improves technology for immigration courts. The bill also restores fairness and balance to our immigration system by providing judges and adjudicators with discretion to review cases and grant relief to deserving individuals. Funding is authorized for legal orientation programs and counsel for children, vulnerable individuals, and others when necessary to ensure the fair and efficient resolution of their claims. The bill also provides funding for school districts educating unaccompanied children, while clarifying sponsor responsibilities for such children.

• Support asylum seekers and other vulnerable populations. The bill eliminates the one-year deadline for filing asylum claims and provides funding to reduce asylum application backlogs. It also increases protections for U visa, T visa, and VAWA applicants, including by raising the cap on U visas from 10,000 to 30,000. The bill also expands protections for foreign nationals assisting U.S. troops.

NOTE THAT THIS BILL IS NOT YET LAW! IT WILL LIKELY TAKE A WHILE BEFORE ANY PART OF IT BECOMES LAW! YOU CANNOT APPLY FOR ANY OF THESE BENEFITS YET. What you can do is make sure that you are staying out of trouble, paying your taxes, gather documents such as birth certificates, marriage certificates etc.

If you have questions about any part of this PROPOSED BILL, please speak with a reputable immigration attorney.

Sandra Boogaard Law Office; Phone- (330) 329-7134 or (646) 588-2747
Email: sandra@sandraboogaardlaw.com

The New Public Charge Rule

sandra@sandraboogaardlaw.com (Sandra Boogaard) — Thu, 11 Jun 2020 15:14:37 GMT

Becoming a financial burden to the U.S. government could affect your green card application.

If you are likely to become a “public charge” or become a financial burden to the U.S. government, your green card application could be denied!. Have you or your household members been receiving government benefits? Are you looking to apply for a green card or permanent residency status? Before you apply for immigration benefits, contact a competent immigration lawyer to determine if you are jeopardizing your case!

The new public charge rule applies to the specific adjustment of status (also known as green cards) candidates, as well as certain nonimmigrants looking to change their status or extending their stay. USCIS (U.S. Citizenship and Immigration Services) applied the new standards to applications submitted on or after February 24, 2020.

On February 24, 2020, the U.S. Citizenship and Immigration Services (USCIS) implemented the public charge rule that was published in the Federal Register in August 2019. This set of laws broadly expands the list of public benefits that can be considered as well as the judgment given to immigration officers when deciding whether someone is more probably than not to become a public charge meaning likely to become a financial burden to the government by applying for things like food stamps and Medicaid.

What Is The Summary Of Key Changes?

Here are some critical changes in new public charge regulations:

Public Charge

The regulations define a “public charge” as an individual who receives one or more “public benefits” for more than 12 months in the aggregate within any 36 months. Under the rule, receipt of two profits in the same month will count as two months. This definition will apply only for those public benefits received on or after February 24, 2020.

Public Benefits

USCIS has expanded the list of benefits considered “public benefits” to include all of the following:

Supplemental Security Income (SSI)
Temporary Assistance for Needy Families (TANF)
Federal funded Medicaid (with limited exceptions)
Supplemental Nutrition Assistance Program
Any federal, state, or tribal cash assistance for income maintenance
Section 8 Housing Choice Voucher Program and Rental Assistance Program
Subsidized Public Housing

As per the final regulation, public non-cash advantages not listed in the rule are not considered for the public charge inadmissibility determination.

The Bottom Line!

While understanding the primary factors involved in public charge determinations are beneficial, every person subject to the public charge rule should consult an experienced immigration attorney for assistance with their detailed questions for immigration support and representation.

At Sandra Boogaard Law Office, we can assess your case and give you sound advice before you start your case. Call or email us now to schedule your consultation.

Email: sandra@sandraboogaardlaw.com

Phone: (646) 688-2747

ICE is about to track license plates across the US!

Mon, 24 Feb 2020 19:08:13 GMT

ICE has officially gained access to license plate recognition database

ICE is about to start tracking license plates across the US! Follow the law!

The Department of Homeland Security, DHS has reported that U.S. Immigration and Customs Enforcement (ICE) has procured query-based access to a vendor-owned commercial License Plate Reader (LPR) data service that stores recorded vehicle license plate data from cameras equipped with license plate reader technology.

The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to the DHS. The system gives the agency access to billions of license plate records and new powers of real-time location tracking. The commercial database receives data from a variety of governmental and private sources, including:

• Toll road cameras;

• Parking lot cameras;

• Vehicle repossession companies; and

• Law enforcement agencies.3

ICE agents would be able to query that database in two ways. A historical search would turn up every place a given license plate has been spotted in the last five years, a detailed record of the target’s movements. That data could be used to find a given subject’s residence or even identify associates if a given car is regularly spotted in a specific parking lot.

ICE agents can also receive instantaneous email alerts whenever a new record of a particular plate is found — a system known internally as a “hot list.”

Immigrants should ensure that they follow the law at all times to avoid being brought into deportation proceedings because the government now has access to even more technology that can invade your privacy.

Call an attorney if you believe your due process rights are being infringed upon.

By: Sandra Boogaard Esq.

Phone: (330) 329-7134

Email: sandra@sandraboogaardlaw.comA

Do you qualify for Deferred Action for Childhood Arrivals, Find out Here!

Mon, 24 Feb 2020 19:03:11 GMT

Deferred Action for Childhood Arrivals

@DACAImmigration @Sboogaardlaw

Have you applied for Deferred Action for Childhood Arrivals (DACA) yet? Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Under this process, USCIS will consider requests on a case-by-case basis. While this process does not provide lawful status or a pathway to permanent residence or citizenship, individuals whose cases are deferred will not be removed from the United States for a two year period, subject to renewal, and may also receive employment authorization. To be considered for this process, you must show that:

· You came to the United States before reaching your 16th birthday

· You have continuously resided in the United States since June 15, 2007, up to the present time

· You were under the age of 31 as of June 15, 2012

· You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012

· You are currently in school, have graduated or obtained your certificate of completion from high school, have obtained your general educational development certification, or you are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

· You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat

· You were present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS

If you meet the guidelines listed above and are ready to submit your requests to the USCIS, please collect documents as evidence you meet the guidelines including school records, proof of U.S. residency, expired I-94 card and birth certificate. You can then complete and submit I-821D , I-765 and I-765 Worksheet and pay a total fee of $465 to the USCIS. If you require assistance, Sandra Boogaard Law Office can help you to complete and file these documents right the first time! Our fees are extremely moderate.

Self Petition For Green Card - Do you qualify?

Mon, 24 Feb 2020 18:24:14 GMT

Self Petition For Green Card- Do you qualify?

There are two classifications of Immigrant Workers who are not required to have a job offer and may self-petition for a green card to come to the United States to live and work permanently. These persons do not need an employer or sponsor to file nor will they need to go through the labor certification process.These categories include:

*Individuals of extraordinary ability in the sciences, arts, education, business or athletics, (E11)

*Individuals who were granted a National Interest Waiver (NIW), (E2)

INDIVIDUALS OF EXTRAORDINARY ABILTY:

These are people at the top of their field and are considered top priority and given first preference. Foreign nationals of “extraordinary ability” are considered “priority workers” of the 1st preference employment category, and do not need an employer/sponsor or labor certification. To qualify, the foreign national must show they are part of the “small percentage” of individuals who have “risen to the very top of the field of endeavor”, and will continue to work in the U.S. in their chosen area of expertise. The extraordinary ability standard is very difficult to meet by definition, and the foreign national must have either won a major, internationally respected award (the prime example being the Nobel Prize) or present extensive evidence of certain types showing extraordinary achievement in their field.

NATIONAL INTEREST WAIVER:

Individuals who may have restrictions waived due to a National Interest Waiver are considered 2nd preference workers, one category below extraordinary ability. Even if the foreign national is does not meet the restrictive “extraordinary ability” standard, they may still avoid labor certification and self-petition if they are in the 2nd preference employment category and show eligibility for a national interest waiver. 2nd preference workers must either have advanced degrees (Ph.D., Master’s, or in some cases a Bachelor’s with experience), or be of “exceptional ability”. Generally speaking, “exceptional ability” is defined as expertise significantly above the average that will be beneficial to the U.S. in particular, specified ways.

To show eligibility for a national interest waiver, the 2nd preference worker must meet three additional criteria: their employment must be in an “area of substantial intrinsic merit”, their work must be “national in scope”, and this employment will present a “national benefit so great as to outweigh the national interest inherent in the labor certification process”. In other words, the foreign national must show that his or her work is so beneficial to the United States that it is worth risking replacing qualified and willing U.S. citizens workers in this field by skipping the labor certification process, and extensive documentation must be submitted.

Advisory: You may NOT self petition based on employment, if you are not in one of these two categories. For other employment based green cards, there is the option of Green Card Through a Job Offer or “Green Card Through Investment.

Sandra Boogaard Law Office can help you file a successful Self Petition Green Card Application. Contact us if you need further information or assistance. Phone (646) 688-2747. www.sandraboogaardlaw.com #Sboogaardlaw #Immigration #Self Petition

What do you think about the Stop and Frisk Law in New York?

Mon, 24 Feb 2020 18:20:20 GMT

New York stop-and-frisk ruling brings cautious optimism

Original post by Peter Moskowitz

Two NYPD officers stop three people in the stairwell of 212 West 129th street. January 2013

NYPD Inspector Rodney Harrison, center, and with his driver Officer Jimmy Hughes, left, stop three individuals in the stairwell of 212 West 129th street. January 2013

Joe Marino/NY Daily News/Getty Images

Last month, two police officers approached 26-year-old Kentrell Reed as he left his apartment complex in Brooklyn. One of them pulled out a gun and told him to put his hands in the air, Reed said. The officers then proceeded to search his pockets.

“They told me there was a shooting in the area,” Reed said. “I wanted to ask more questions, but I figured it was best that I just mind my manners… We've always been the first one that they point their finger at.”

Reed, who is black, said it was the seventh time he was stopped and searched without a warrant by police in the last year.

For Reed and thousands of other young black and Latino men in New York City, the police tactic of stopping and searching people deemed suspicious – known as “stop-and-frisk” – has become a familiar routine. The New York Police Department makes hundreds of thousands of stops a year, primarily of young men of color.

But that may change drastically in the wake of a ruling in two lawsuits Monday by federal Judge Shira Scheindlin, who said that the practice violates the privacy and equal protection clauses of the U.S. Constitution. Saying stop-and-frisk amounts to “indirect racial profiling,” she appointed an independent monitor to oversee changes in the tactic.

Mayor Michael Bloomberg denounced the District Court’s findings, saying anything that threatened police autonomy would lead to less safe streets. Candidates vying to succeed Bloomberg in November jostled to show black and Latino voters which contender is on their side when it comes to relations with the NYPD.

Reed said he understands the practice "because they're trying to cut down on crime in the neighborhood.

“But it's the way they approach people,” he said. “They have a way of making residents of the area feel like criminals.”

"I'm used to it''

Reed is not alone in his nuanced opinion. Many say the way in which stop-and-frisk has been carried out – with seeming randomness, hostility and high frequency – is the biggest factor driving a wedge between the police and those they’re policing.

“I wouldn't have a problem with it if they’d treat everyone the same, but that's not the case,” says Sudan Gilmore, 48, a resident of the Queensbridge housing projects in Queens. “I feel violated, but what am I going to do? I'm black, so I'm used to it.”

Gilmore said he has been stopped about seven times, once in the last year. On the blocks surrounding the Gilmore’s housing complex, home to roughly 7,000 people, police made about 1,600 stops in 2012, according to city data. That is out of 532,000 citywide, down from an all-time high of nearly 700,000 in 2011.

While defenders of stop-and-frisk say it makes sense there are more stops in high-crime areas, critics counter that the stops are often based on race and appearance, rather than any likelihood police will find evidence of criminal activity.

Many of New York’s residents seem to agree the practice needs to be reformed.

“In this neighborhood, crime has been unbelievably high, so I think stopping people is good sometimes,” said Sherly Rivera, 29, a mother of three who lives in a public housing project on the east side of Manhattan. Rivera said she fears for her kids’ safety but also fears they’ll be harassed.

“[Cops] have pushed it too far,” she said. “They need to fix that.”

But when and how stop-and-frisk is reformed relies in large part on who becomes the next mayor of New York.

Mayoral candidates respond

On Monday, several Democratic candidates for mayor released statements saying the court’s decision proved what many already knew: that the NYPD was unfairly targeting minorities. But details are scant about what the hopefuls actually would do with stop-and-frisk if elected, with the exception of Comptroller John Liu.

Liu said in a press release in response to Monday’s ruling he has been “clear and consistent in calling for its complete end based on stop-and-frisk being the biggest form of systemic racial profiling anywhere in the country.”

Front-runner Christine Quinn and progressive Bill de Blasio have called for a permanent inspector general to oversee the police force. But Quinn has signaled she would retain police Commissioner Ray Kelly, an ardent supporter of stop-and-frisk.

Other Democratic candidates were more measured in their critiques. Anthony Weiner wants the court to wait until the next mayor is elected to implement any new policies. And both he and Bill Thompson, the only black candidate in the race, oppose the idea of an inspector general.

Whoever becomes mayor, one thing is clear: reforming the NYPD will take a long time.

“For a practice that has been in effect for so long to change overnight, that’s unrealistic at best,” said Delores Jones Brown, a professor at the John Jay College of Criminal Justice and a supporter of Scheindlin’s decision. “The real issues involved with this debate – race and ethnicity, socio-economic conditions, and the embedded beliefs that many have about who criminals are and are not … those would need to change before we can see a real change in the practice.”

On the streets

On New York’s streets, people held a similar view.

Earl Mapp, a 44-year-old construction worker and Brooklyn native, says he thinks of cops less as protectors than predators, standing on a hill and picking prey from the housing projects at random.

He carries his construction helmet and bag with him whenever he can because he says cops are less likely to stop someone who looks like he’s on his way to work.

Mapp hopes Scheindlin’s ruling will help mend the dynamic between cops and communities. But he’s not holding his breath.

“You can't change the heart and minds of people, at least overnight,” he said. “But it's a good place to start.” @Sboogaardlw

Join the Conversation

Senate Judiciary Committee Strikes Deal On H-1B Visas

Mon, 24 Feb 2020 18:16:33 GMT

Deal on visas for high-skilled workers

The Senate Judiciary Committee struck a deal on visas for high-skilled workers---one of the issues that at some point threatened the effort to draft a comprehensive immigration reform plan that includes a path to legalization for 11 million undocumented individuals.

The agreement represents a settlement between the high-tech industry, which relies increasingly on foreigners with a high education level, and unions that represent American workers---the Associated Press reported.

H-1B visas are used primarily by the technology sector which employs most of the 65,000 workers who apply for them.

The compromise reached Tuesday is attributed to Senators Charles Schumer (D-NY) and Orrin Hatch (R-UT) who had been working on the agreement during the last few weeks.

The agreement between Senators modifies the conditions of workers using the H1-B visa. But it is still unclear whether the AFL-CIO, one of the country's most influential unions, will support the changes.

During the second week of May, the H-1B was at the center of public debate because it is a weak point that during the drafting of the bill forced intense negotiations between unions and employers who were on opposing sides of the debate.

Senators rejected several amendments, including one from Senator Ted Cruz (R-TX), asking to increase the number of annual H-1B visas from 65,000 to 325,000.

The Group of Eight's plan includes modifying the current quota of H-1B visas that ranges from 65,000 to 110,000 to a number closer to 180,000 depending on labor supply and the economic climate.

The Committee also rejected an amendment that required audit companies to use workers with H-1B visas.

The H-1B visas are mainly intended for foreign professionals with university degrees who perform specialized jobs that require theoretical knowledge or technical expertise.

The list of professionals eligible for H-1B visas includes scientists, engineers, journalists and computer programmers, among others.

Before the financial crisis of 2008, high-tech companies complained about the visa system and indicated that the quota allocated by Congress was inadequate and too small, so much so that between 2004 and 2007 the quota was exhausted every year within a few hours of opening the window for applications.

And in 2007, the window was open less than 24 hours.

The H1B visa program requires that U.S. employers pay foreign workers the competitive wage in their field of expertise.

In April of this year, the immigration service closed the window of H-1B visas for 2014 during the first week of receiving requests---something not seen since 2008.

Effects of Comprehensive Immigration Reform on the Caribbean

Mon, 24 Feb 2020 17:04:10 GMT

Effects of Comprehensive Immigration Reform on the Caribbean

Proposed US immigration reforms could have positive implications not only for Caribbean nationals living in the United States, but also for countries of the region, asserted a former cabinet minister in the Bahamas.

"The reforms that offer a pathway to citizenship might be applicable to thousands of Caribbean nationals who have spent years living and working in the US and might be deemed entitled to regularization as citizens," said economist Zhivargo Laing.

Laing surmised "the not insignificant Caribbean diaspora in the US, estimated at more than 20 million, can influence US policymakers to take account of their realities in their reform efforts."

If successful, a bipartisan bill, introduced by eight senators, would allow people living in the US illegally - who arrived before December 31, 2011 - to become citizens after passing background checks, obtaining jobs and paying back taxes and penalties. The process is estimated to take 13 years; estimates place the number of undocumented immigrants in the United States at 11 million.

The former finance minister of the Bahamas said "not only will the lives and livelihoods of Caribbean nationals be changed by the immigration reform in the US but so will their home countries, as many of them rely on the repatriation of earned US dollars to assist their foreign reserve earnings. For some, these remittances significantly aid economic viability."

Laing, a financial specialist, warned however that "with the proposed crackdown on businesses employing undocumented immigrants, large numbers of undocumented Caribbean nationals may find their work prospects curbed by more than a tentative US economy."

Laing also saw other effects: "Policy changes do not have just legal consequences but there are psychological ones as well. Any tightening of immigration law at the state level might lead businesses, educational institutions as well as medical facilities to take a more cautionary approach to dealing with foreign nationals. As such, Caribbean nationals who are employees and patrons of all of these institutions might also find a less accommodating environment going forward."

"Immigrants have demonstrated their power at the polls ... and I think America is moving in the right direction on immigration reform. What happens next? Time will tell," he concluded.

President Obama is hopeful about Immigration Reform!!

Mon, 24 Feb 2020 17:01:22 GMT

President Obama is hopeful about Immigration Reform!!

"I'm very optimistic that we get immigration reform done in the next few months," he said <http://thehill.com/homenews/administration/291919-obama-optimistic-on-immigration-reform-gun-control-tougher> . He compared the chances of passing immigration reform favorably to the chances of passing new gun control measures, but considering the opposition those face in Congress, that's not saying much. Let's hope that the republican corporate and help make this happen!

Both houses on Congress seem to be making steady progress toward similar but competing bills that would offer a path to citizenship for many of the 11 million undocumented immigrants in the country. The bills also called for increased border security and an easing of restrictions on foreign workers, though the bills and their proponents differ on the exact specifications of any of those measures.

Legislation on Immigration Reform

Mon, 24 Feb 2020 16:54:49 GMT

Legislation on Immigration Reform

Word continues to filter out that the "Gang of Eight" <http://politicalticker.blogs.cnn.com/2013/03/31/senators-expect-immigration-legislation-this-week-rubio-signals-no-final-agreement-yet/> — four Republican senators and four Democratic senators — are soon going to introduce <http://www.reuters.com/article/2013/04/01/us-usa-immigration-idUSBRE92U06T20130401> legislation on immigration reform, an issue which President Barack Obama has made a priority.

Details of the proposed legislation have yet to be finalized, but it looks like those immigrants who are here illegally would be allowed to stay in the U.S. and be given a pathway to citizenship. However, they would have to go to the "back of the line" — a phrase used by many in the immigration reform debate, including President Barack Obama <http://www.whitehouse.gov/issues/immigration/earned-citizenship> and Sen. Rand Paul <http://transcripts.cnn.com/TRANSCRIPTS/1303/19/sitroom.01.html> (R-Ky.).

This phrase is key, because many people worry that "comprehensive immigration reform" (as it's come to be called) will reward those who broke the law. The concern is that immigrants who illegally crossed the border or overstayed their visas will gain an advantage over those immigrants who came here legally. With this in mind, President Obama and the current legislation in the works call for illegal immigrants to get in line behind those who are already applying for permanent legal residence (i.e., a green card) and citizenship.

But does this address the line-jumping concern?

No, it doesn't, because the immigration reform proposed by President Obama and by the Gang of Eight would give illegal immigrants a provisional, probationary status before they become permanent residents. That status would allow them to hold on to their jobs, jobs that they claimed ahead of immigrants legally applying to come to the U.S. (and even ahead of U.S. citizens). Illegal immigrants would still be profiting from law-breaking on the employment front. And getting a job, of course, is one of the main reasons people emigrate to the U.S.

If we're truly going to make illegal immigrants go to the back of the line, we should insist that they apply to come here from their country of citizenship. Or we should crack down on illegal hiring and demand that employers only hire immigrants who are already here legally. I'll grant that neither of these things is likely to happen, since there's not a lot of enthusiasm for the idea that illegal immigrants should (or will) self-deport, or for tougher enforcement on employers.

But the alternative is to allow people to hold on to an advantage they gained unfairly by breaking the law. Maybe there are other considerations that outweigh that unfairness. But it's troubling that most of the people advocating immigration reform don't even acknowledge that there's any unfairness in it at all. And I never hear any illegal immigrants expressing remorse or embarrassment for asking that their line-jumping with respect to jobs be codified into law.

Would we allow a business that ignored health and safety regulations to hold on to the advantage it gained over other businesses? Would we allow an employee who falsified their resume to hold on to the advantage they gained over others? Would we just give up on enforcing the rules because so many people are breaking them, and because it would be too disruptive and break up too many families?

I doubt that such excuses would fly, given that we all know ahead of time that breaking the law sometimes results in a disruption of your life and being separated from your family.

Under the Gang of Eight immigration reform proposal, illegal immigrants won't be going to the back of the job line: immigration reform will instead validate their act of cutting to the front of the line, ahead of legal immigrants and U.S. citizens. And, when people once again see others benefit from breaking U.S. immigration and border security law, they will have yet another incentive to ignore those "reformed" laws in the future.

Advocates of immigration reform need to explain why we should certify line-jumping and allow those who broke the law to come out ahead of those who obeyed it.

Immigration help for youths!

Mon, 24 Feb 2020 16:51:58 GMT

Immigration help for youths!

Under the so-called Deferred Action for Childhood Arrivals program, more than 1 million immigrants are eligible for work permits good for two years with no limits on how many times they can be renewed. Qualified applicants must be 30 or younger, prove they arrived in the U.S. before they turned 16, have been living in the country at least five years and are in school or graduated or served in the military. If you need help or more information about DEFERRED ACTION please call me.

Immigration authorities detail plan for courthouse arrests!!

Sun, 04 Mar 2018 01:38:00 GMT

Immigration authorities detail plan for courthouse arrests!

Sat, 03 Mar 2018 15:53:24 GMT

RELEASED BY THE ASSOCIATED PRESS

Associated Press• January 31, 2018

SAN DIEGO (AP) — Federal immigration authorities formalized a policy Wednesday to send deportation agents to federal, state and local courthouses to make arrests, dismissing complaints from judges and advocacy groups that it instills fear among crime victims, witnesses and family members.

The two-page directive from U.S. Immigration and Customs Enforcement said it will enter courthouses only for specific targets, such as convicted criminals, gang members, public safety threats and immigrants who have been previously deported or ordered to leave. Family, friends and witnesses won't be picked up for deportation but ICE leaves a caveat for "special circumstances."

The policy, signed by ICE acting director Thomas Homan, says immigration agents should generally avoid arrests in non-criminal areas of the court, like family court and small claims, unless it supervisor approves.

ICE — in a not-so-subtle jab at "sanctuary cities" that limit work with immigration authorities — said "increasing unwillingness of some jurisdictions to cooperate with ICE in the safe and orderly transfer of targeted aliens inside their prisons and jails has necessitated additional at-large arrests."

Immigration agents made courtroom arrests under the Obama administration, but the pace appears to have picked up under President Donald Trump, whose administration has seen a roughly 40 percent surge in arrests overall and has casted a much wider net.

In March, California Supreme Court Chief Justice Tani G. Cantil-Sakauye asked ICE to stay out of her courts, writing, "Courthouses should not be used as bait in the necessary enforcement of our country's immigration laws."

On Wednesday, Cantil-Sakauye sounded modestly encouraged: "If followed correctly, this written directive is a good start. It's essential that we protect the integrity of our state court justice system and protect the people who use it."

Washington state Supreme Court Chief Justice Mary E. Fairhurst wrote in March that ICE's presence was "deeply troubling because they impede the fundamental mission of our courts, which is to ensure due process and access for everyone, regardless of their immigration status."

Sarah Mehta, a human rights research with the American Civil Liberties Union, said the new policy is helpful to understand ICE's self-imposed limitations — despite exceptions allowed — but says may have come too late with fear already spread.

"A lot of the damage has been done over the last year," she said.

ICE reaffirmed its 2014 policy is in place to avoid deportation arrests at "sensitive locations," including schools, daycares, hospitals, places of worship, funerals, weddings rallies and public demonstrations. Courthouses have never been part of that list.

Homan said metal detectors at courthouse entrances provide more safety to officers.

"We're not going to do it in the courtroom but to me it's safer," Homan said in an interview in November. "It makes sense to arrest a criminal in a criminal courthouse."

Contact an Immigration Lawyer if you have concerns about you or a family member chances of arrest.

Sandra Boogaard Immigartion Law Office

Email: sandra@sandraboogaardlaw.com

Phone: (330) 329-7134

ICE is about to start tracking license plates across the US! Follow the law!

Thu, 01 Feb 2018 18:10:00 GMT

ICE is about to start tracking license plates across the US! Follow the law!
The Department of Homeland Security, DHS has reported that U.S. Immigration and Customs Enforcement (ICE) has procured query-based access to a vendor-owned commercial License Plate Reader (LPR) data service that stores recorded vehicle license plate data from cameras equipped with license plate reader technology.
The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to the DHS. The system gives the agency access to billions of license plate records and new powers of real-time location tracking. The commercial database receives data from a variety of governmental and private sources, including:

• Toll road cameras;
• Parking lot cameras;
• Vehicle repossession companies; and
• Law enforcement agencies.3

ICE agents would be able to query that database in two ways. A historical search would turn up every place a given license plate has been spotted in the last five years, a detailed record of the target’s movements. That data could be used to find a given subject’s residence or even identify associates if a given car is regularly spotted in a specific parking lot.
ICE agents can also receive instantaneous email alerts whenever a new record of a particular plate is found — a system known internally as a “hot list.”
Immigrants should ensure that they follow the law at all times to avoid being brought into deportation proceedings because the government now has access to even more technology that can invade your privacy.
Call an attorney if you believe your due process rights are being infringed upon.

By: Sandra Boogaard Esq.
Phone: (330) 329-7134
Email: sandra@sandraboogaardlaw.comA

USCIS Expanding Green Card Interview Requirements!

Fri, 15 Sep 2017 14:55:30 GMT

If you are applying for a green card based upon employment; or as a refugee/asylee, take note that things and times have changed. The process is now more complex!. Gone are the days when your green card will show up in the mail sooner or later without an interview. In President Trump's world, you will be required to attend an interview and be questioned about your case. If you have come this far without an attorney, now may be the time to retain one to prepare you and accompany you to your visa interview. Another category that now requires an interview is K-1 fiancé green card applicants. As the saying goes, you may not want to be "penny wise and pound foolish". Get a good immigration lawyer to help you. See USCIS Release in full below.

USCIS to Expand In-Person Interview Requirements for Certain Permanent Residency Applicants

Release Date: Aug. 28, 2017

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.

Effective Oct. 1, USCIS will begin to phase-in interviews for the following:

• Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).

• Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.

“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”

Sandra Boogaard Law Office

Phone: (330) 329-7134 or (646) 688-2747

Email: sandra@sandraboogaardlaw.com

USCIS Expanding Green Card Interview Requirements!

Fri, 15 Sep 2017 12:43:00 GMT

sandra@sandraboogaardlaw.com

Consumer Advisory on DACA

Mon, 11 Sep 2017 04:00:00 GMT

DACA Recinded- Any options?

Sat, 09 Sep 2017 22:33:00 GMT

Should I remove conditions on my green card

Fri, 12 May 2017 17:01:00 GMT

sandra@sandraboogaardlaw.com

Bringing an interpreter to your visa interview

Fri, 12 May 2017 16:33:00 GMT

USCIS Implements New Interpreter Policy – Form G-1256 Declaration for Interpreted USCIS Interview Must be Signed USCIS Policy Memorandum: The Role and Use of Interpreters in Domestic Field Office Interviews, will be implemented starting May 1, 2017. USCIS is introducing a “Declaration for Interpreted USCIS Interview” form (Form G-1256). The “Declaration for Interpreted USCIS Interview” informs the interviewee about the importance of using a competent interpreter, and includes an attestation that all parties understand the guidelines that apply to interpretation, including that the interpreter must accurately, literally, and fully interpret for both the interviewee and the interviewer/officer. USCIS requires that the interpreter provide consecutive interpretation to ensure that the interpretation is as close to verbatim as possible. Form G-1256 must be signed by both the interviewee and the interpreter at the beginning of the interview. The Declaration form reminds the interviewee that the use of an interpreter may expose the interpreter to the confidential information discussed at the time of the interview. It also requires the interpreter to agree to not disclose or share any of the information discussed or learned as a result of serving as the interpreter during the interview. Attorneys may not serve in their roles as an attorney, accredited representative, or associated representative for the party to the case while simultaneously serving as an interpreter for the interviewee. Further, witnesses are restricted from serving as interpreters, unless the officer determines that there is an exception for good cause.

Special Immigration Benefits for Military Personnel & Family Members!

Thu, 29 Dec 2016 05:00:00 GMT

USCIS Fee Changes in Effect since December, 23, 2016- Insufficient Fee filings will be rejected!

Tue, 27 Dec 2016 20:21:00 GMT

Form I-942, Request for Reduced Fee

Form N-400, Application for Naturalization

https://www.uscis.gov/forms/our-fees

sandra@sandraboogaardlaw.com

Great News for Unlawfully Present Spouses and Parents of Green Card Holders-USCIS Expands Provisional Waiver Program

Mon, 08 Aug 2016 15:20:00 GMT

Effective August 29, 2016, spouses and parents of green card holders who are present in the US unlawfully may be eligible to apply for a 601a waiver of unlawful presence. This waiver if approved allows the time spent in the US unlawfully to be forgiven and to allow the applicant to still obtain a green card. Conditions apply. Please consult with a reputable immigration attorney of you believe that you qualify . See USCIS Release below:

USCIS to Allow Additional Applicants for Provisional Waiver Process

final rule

uscis.gov/i-601a

DO I NEED A VISITOR'S VISA TO ENTER THE US

Tue, 17 May 2016 04:00:00 GMT

DO I NEED A VISITOR’S VISA TO COME TO THE UNITED STATES?

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2). If you are from one of the 38 countries that participate in the Visa Waiver program (VWP), you may not need a visa to enter the US. Conditions apply. See our blog of VWP

How to Apply for a Visitor’s Visa

1. Complete the Online Visa Application, Form DS-160, You can find this form on USCIS website
2. Print the application form confirmation page to bring to your interview
3 .Photo- You will upload your photo while completing the online Form DS-160
4. Schedule an Interview-You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at a U.S. Embassy or Consulate in another country, if certain conditions apply.

Valid Passport:
In order to apply for a visitor’s visa, you must have a passport valid for at least six months beyond your period of stay in the United States. The visa application fee is now $160, but this is subject to change. Please check the USCIS website for updated fee .

Non-Immigrant Intent:
In order to obtain a visitor’s visa, one must prove that they have a non immigrant intent ; that means you plan to return to your home country and not overstay in the US. You must be prepared to prove your non immigrant intent at your visa interview. Bring documents such as letters of employment, bank statements, family ties, invitation letter, and proof of coverage of cost of your trip and lease or mortgage statements to prove your intent to return home. At your interview, you should also be prepared to prove the purpose of your trip to the United States.

Good luck on your visa application. Bon Voyage !! If you enter the US on your visitor’s visa, be sure to depart the US before the date stamped in your passport upon your entry. Failure to do so can result in very serious immigration consequences, and you will be out of status. If you have overstayed your visa, contact an immigration attorney immediately to see if you have any options. Some visa holders may be able to extend or change their status in the US. Contact a reputable immigration attorney for help.

Sandra Boogaard Law Office
Email: sandra@sandraboogaardlaw.com
Phone: (330) 329-7134 or (646) 688-2747
Website: www.sandraboogaardlaw.com
Twitter: @Sboogaardlaw

NEW RULES FOR VISA WAIVER PROGRAM (ESTA); VISA WAIVER PROGRAM AND TERRORISM

Fri, 13 May 2016 17:09:00 GMT

The Visa Waiver Program

Electronic System for Travel Authorization (ESTA)

DHS website

Travellers from Visa Waiver Counties now need E-Passports!

Wed, 06 Apr 2016 22:30:00 GMT

MY GREEN CARD IS ABOUT TO EXPIRE; CAN I APPLY FOR CITIZENSHIP?

Thu, 17 Mar 2016 20:43:00 GMT

sandra@sandraboogaardlaw.com

www.sandraboogaardlaw.com

Can I bring my fiance to the US using a K1 visa:

Mon, 01 Feb 2016 18:42:00 GMT

Humanitarian Parole and Immigration

Mon, 01 Feb 2016 18:10:00 GMT

What Just Happened, My Citizenship was denied!

Thu, 08 Oct 2015 17:20:00 GMT

CITIZENSHIP (NATURALIZATION) DENIED; AND YOU THOUGHT IT WAS AS SIMPLE AS FILLING OUT A FORM:

Either of two things just happened! One, you just completed your Citizenship or Naturalization interview and the immigration officer told you on the spot that your application is denied or two, you just received a denial letter in the mail . As far as you know it was as simple as filling out the N-400 form, and after all you have been living in the US for more than three or five years. Why were you denied? Well lack of good moral character (GMC) is a very common reason why your application can be denied. An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character.

WHAT IS GOOD MORAL CHARACTER: (GMC)

According to the USCIS Policy Manual , good moral character is defined as “character which measures up to the standards of average citizens of the community in which the applicant resides.” Good moral character generally means that the applicant does not have serious criminal issues in their past, and that the person generally fulfills their obligations under the law. The interesting thing about GMC is that it can be very subjective, that means the immigration officer could determine as a matter of discretion that you are not a person of GMC and your do not deserve to become a US citizen based upon something you did in the past. That is so irrespective of however slight you may think it is. A conviction for a crime of moral turpitude, gambling or drug offences, even multiple DUIs (Driving under the influence of drugs or alcohol) could affect your GMC. If you have doubts or concerns about whether you can show good moral character or whether you should disclose certain incidents in your past, consult with an immigration attorney.

OTHER REASONS FOR DENIAL OF YOUR CITIZENSHIP APPLICATION:
Other factors that could cause a negative outcome in your Citizenship application are Crimes, Fraud in Obtaining your Green Card, Failure to Pay Taxes, Failure to Pay Child Support, Failure to Sign up for the Selective Service, Lying on your Application or Interview, Inability to Read Write or Speak English, and failure to meet the basic eligibility requirements to obtain US Citizenship .

CRIMES : Conviction for certain crimes can make you ineligible for US Citizenship. Do not underestimate any crime that you have been convicted of. A true expert in immigration law needs to review every arrest, every citation, and every violation of law on your record before you apply . Sometimes it is not just the fact that your Citizenship will be denied, but you can actually be put before the immigration court for deportation proceedings. And you can be removed from the US permanently as a result.

FRAUD IN OBTAINING YOUR GREEN CARD: When you apply for naturalization, your entire immigration history is reviewed. The quality and origin of your green card will be examined and scrutinized; and if the officer determines that a green card was issued ( even many years before ) in a fraudulent manner, Citizenship could be denied. Even if the fraud was an innocent mistake, the case can be denied. This finding too can place you before an Immigration Judge in deportation proceedings.

FAILURE TO PAY TAXES: If you fail to pay your taxes or owe the IRS, your application for Citizenship could be denied. Make sure that you talk to a good immigration lawyer (and a good accountant) if you are trying to straighten out overdue taxes. Does this before you apply for Citizenship so that an IRS payment plan can be worked out ahead of time. If you come up with a payment plan with the IRS, make sure that you are making the payments and have proof of such up to date payments to show the immigration officer. Again, take care of this before you apply.

FAILURE TO PAY CHILD SUPPORT: This directly impacts on good moral character. If you are delinquent in paying child support or owe money, you will want to clear this up before you apply. Your citizenship application could be denied as a result.

FAILURE TO SIGN UP FOR THE SELECTIVE SERVICE (Or Army): All males between the ages of 18 and 26 are required to register for Selective Service. If you are delinquent in registering in a timely manner your citizenship application could be denied. There may be exceptions to this requirement. Talk to a qualified immigration attorney about whether or not you qualify for an exception. If your application is denied on this ground, you will usually have to wait until you attain the age of 31 to reapply for Citizenship.

LYING ON YOUR APPLICATION: If you are untruthful
in answering the questions on the N-400 Application for Naturalization or you are untruthful when answering questions at your interview, your application will most likely be denied. It might serve you well to know that the government has eyes and ears everywhere and probably knows all the answers before you do. So lying your way through your application will be very detrimental to your case. This error may be innocent. Immigration will not care. The result will be the same; your citizenship may be denied. If you are unsure of how to complete your N-400 application form, consult with a reputable immigration attorney to assist you.

INABILITY TO READ, WRITE OR SPEAK ENGLISH: This may sound simple but it is not. You have to demonstrate a certain level of proficiency in reading, writing and speaking English. A basic command of the English language s a good start. There are some exceptions to this requirement based upon your age and medical abilities which could allow you to obtain a Waiver. This is no simple feat and it will help you to discuss your options with an immigration attorney.

FAILURE TO MEET THE BASIC ELIGIBILTY REQUIREMNTS: If you fail to meet the other eligibility requirements, your Citizenship could also be denied. Other eligibility requirements not covered above include:

WHAT HAPPENS IF YOUR CITIZENSHIP IS DENIED:

1.You could face deportation from the US
2.You could lose your green card
3.You may have to wait for a long period of time before reapplying for Citizenship again

WHAT TO DO IF YOUR CITIZENSHIP IF DENIED:
1.Consult with an immigration attorney immediately
2. Reapply for Citizenship
3.Appeal the denial decision

***Sometimes you are better off not applying for US Citizenship. Your application could open a can of worms that you cannot possible control. Talk to an immigration attorney about your options preferable before your submit your Citizenship application!

Sandra Boogaard Law Office
Phone: (330) 329-7134 or (646) 688-2747
Fax: (914) 919-0972
Email: sandra@sandraboogaardlaw.com
Like us on Facebook
Twitter @Sboogaardlaw

AFFIDAVIT OF SUPPORT (I-864) REJECTED; WHAT CAN I DO:

Tue, 29 Sep 2015 16:27:00 GMT

MARRIAGE FRAUD 101

Thu, 27 Aug 2015 18:14:00 GMT

MARRIAGE FRAUD- TO MARRY OR NOT TO MARRY THAT IS THE QUESTION!

If you are planning to get married or have already gotten married to a US citizen just so you can obtain a green card or “papers”, what you are doing is illegal and could land you in prison for a long time and get you deported, if you get caught!! US immigration authorities are well trained in distinguishing fake or sham marriages and the detection of marriage fraud is a top priority for the US government. USCIS officers say that up to 30% of marriages between aliens and U.S. citizens are suspect and possible fraudulent. A fake or sham marriage is one that is entered into solely to circumvent the U.S. immigration laws. Because marriage to a US citizen is a “quick” way to get a green card for most foreign nationals, many people fall prey to this practice. There is no shortage of unscrupulous persons who are willing to charge very large sums of money to get you a US citizen spouse and ultimately a green card through that spouse. There are even websites purportedly designed to train persons how to get a green card through marriage and “buy” a US citizen spouse.

In order for a marriage to be valid under the law, not only must there be a real marriage ceremony between the couples. (Note that US immigration laws now recognize same sex marriages) Couples must not only get married and obtain a marriage certificate but there must be an intention to live together in a genuine marital relationship for the long term. A lot of proof is required to show that you have both co mingled your lives. Such proof includes joint bank statements and credit cards, joint health and other insurance, photos, taking vacations, having children, celebrating holidays and birthdays together, sharing in a joint residence and meeting families among other proof. The list is endless.

If a marriage is real, couples should be able to provide the required proof to the immigration authorities. If a marriage is suspect, the government could investigate couples beyond the required paperwork and can and will visit your home, check your bedroom closets, looks at photos on your living room wall, talk to your friends and neighbors, interview your employers, and so on as a result.

If you are suspected or charged for marriage fraud, your visa will be denied and you could face criminal charges. Both the US citizen and the foreign national spouse could face serious problems.

There is no Waiver for Marriage Fraud . If you believe you were wrongly charged and your marriage is real, you should challenge the marriage fraud by filing papers. There is no waiver or forgiveness. A Marriage Fraud conviction will cause you to be permanently barred from the US. Be careful who you hire to help you do this. A non- lawyer cannot give legal advice. Find a lawyer to help you with your case. This could be the difference between you living the American Dream and waving goodbye to the US after you are deported. @Sboogaardlaw

Sandra Boogaard Law Office
Phone: (330) 329-7134 or (646) 688-2747
Email: sandra@sandraboogaardlaw.com

DACA AND DUI: AM I BARRED; WILL A DUI CONVICTION AFFECT MY APPLICATION OR RENEWAL?

Fri, 21 Aug 2015 17:57:00 GMT

renewing DACA

Visa Waiver Program: Pitfalls, Dangers and Limitations: It is not a simple as you may think!

Wed, 19 Aug 2015 17:21:00 GMT

I received a Notice of Intent to Deny my Visa Application! What should I do?

Thu, 30 Apr 2015 04:00:00 GMT

Did you receive a Notice of Intent to Deny (NOID) from the USCIS; What is it?

A Notice of Intent to Deny (NOID) is a formal statement issued by the United States Citizenship and Immigration Service (USCIS) when they have determined that the beneficiary of a petition is ineligible for the benefits they are seeking.

A NOID means that the government has reviewed your application package and found that although you provided enough initial evidence, you are nonetheless ineligible for the immigration benefit requested. The NOID will explain the reason why it was issued.

After a NOID is received additional evidence should be provided to address each and every issue outlined in the NOID. Your evidence must prove your eligibility for the requested immigration benefit upon a preponderance of the evidence. Although that is the legal standard required, some USCIS officers actually look to a much higher standard.

When an applicant receives a NOID, although a major setback, it does not necessarily mean that the petition will be denied. Most often (but not always) the petition will be approved once the necessary evidence has been provided.

While a NOID is not an official denial, a denial letter will be issued if you do not respond with enough convincing evidence that refutes the reason the NOID was issued. Simply put, you must demonstrate with sufficient evidence that the requested benefit should be approved and granted to you.

If you receive a NOID you will have only 30 days to respond. If you fail to respond, USCIS will deny your immigration application and you will lose all of the time and money you spent preparing and filing your application.

If your immigration petition is denied, you will receive a denial letter from USCIS. The letter will explain the reason(s) for the denial and will also tell you if you are able to file a motion or an appeal of the denial decision.

If you receive a NOID, you should consult a qualified Immigration Attorney immediately. It is advisable to act quickly to avoid having your petition denied; and possibly be put into deportation proceedings. It is much easier and much less expensive to respond rather than to appeal a NOID. Take the NOID seriously and respond with good supporting evidence that your petition should be approved.

Our office can assist you in responding to your NOID. Call Sandra Boogaard Law Office at (646) 688-2747 or (330) 329-7134. Email sandra@sandraboogaardlaw.com . We have helped many clients obtain positive results on their NOIDS!

The Basics of Immigration Law; Do I qualify for a US Visa?

Wed, 29 Apr 2015 04:00:00 GMT

Visitors coming from some countries do not need a visa.

United States government:

looking for jobs in the U.S.

take in the sights and tour the country.

andra@sandraboogaardlaw.com

Will marrying my Illegal partner get them a Green Card?

Wed, 29 Apr 2015 01:48:00 GMT

Entry into the US without inspection (EWI):

If your partner entered the U.S. through a border and was never detected by Immigration authorities, you may be able to file an I-130 petition for them to be classified as your spouse if you get married. The petition may likely be approved. But that is only the beginning. Your new spouse will likely have to return to their home country for Consular Processing of their Immigrant visa which could take years to be finalized. That means that unless you choose to live in their home country, you are likely to be separated for a long period of time before the immigration papers comes through. More than likely your new spouse will need to obtain a Waiver of unlawful presence whether inside or outside the U.S. in order to be able to return. A skillful Immigration Attorney may be able to find clauses in the law that could protect your spouse and prevent or limit the time that you spend apart. If you or your new spouse finds yourselves in this situation, do not hesitate to call a good attorney to see how your case can be salvaged.

Entry into the United States with a Visa:

If your non citizen partner entered the United States with a valid visa, they will find themselves in a much favorable position with U.S. Immigration Law. Your non citizen spouse can adjust their status to that of lawful permanent resident without leaving the U.S! This is so even if the visa has since expired. So long as they have documentary proof of lawful entry and admission, they can apply to get a Green Card while in the U.S.! Again a skilful immigration attorney will be able to guide you through the process.

Grandfather Clauses in Immigration Law:

INA 245(i) states that if the non citizen spouse had an I-130, I-140 or Labor Certification properly filed on their behalf BEFORE April 30, 2001, a penalty of $1000 could be paid after which they could adjust status to U.S. Lawful Permanent Residency . So if someone had previously filed for your non U.S. citizen partner, whether through a family or employment petition which is still pending, or a petition which was abandoned, they may be protected under INA 245(i). This will apply whether you entered without inspection or not. Call a good lawyer to discuss.

Other Immigration Options:

If none of the three categories listed above apply, your boyfriend or girlfriend could:

1) Wait for Immigration Reform to pass that could help him or her. With all the Immigration talk going on in Washington, something helpful may come out.

2) Apply for Asylum , Withholding of Removal , Convention Against Torture, or Cancellation of Removal . The first three things are if he fears to return to his home country because he believes that he will be specifically targeted and that he runs a high risk of great bodily injury, torture, or death. The last, Cancellation, he would have to prove that he has at least 10 years in the U.S. AND he must also prove that if he is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon him will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.

3) At the end of day, you and spouse may choose to return to their home country to live.

For more information and help call SANDRA BOOGAARD LAW OFFICE at (330) 329-7134 or (646) 688-2747; Email: www.sandraboogaardlaw.com

ADVANCE PAROLE TRAVEL DOCUMENT

Wed, 29 Apr 2015 01:38:00 GMT

What is an Advance Parole:

Advance parole is a travel document that allows you to be paroled back into the United States after foreign travel. It is most commonly used when someone has an application to register permanent residence or adjust status pending, (Form I-485) and wishes to travel outside of the US. An advance parole document is required here because if you depart the United States while your I-485 application is pending without first obtaining advance parole, your case will be denied, unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses. An advance parole is also often used for recipients of deferred action for childhood arrivals (DACA) who need to leave the US on an emergency basis. Obtaining an advance parole document prior to departure will make it easier for them to return after foreign travel. Foreign travel includes any mode of travel whether by air, land or sea.

Will you need to obtain advance parole if you travel from the continental United States to Puerto Rico, Hawaii, Alaska, Guam, or the Commonwealth of Northern Mariana Islands?

Travelling within all these countries will be considered US travel. Therefore no advance parole is required if you travel directly between parts of the United States, which includes Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands (CNMI), without entering a foreign port or place.

Can you travel outside of the U.S. when your application for advance parole is pending?

It is typically not recommended to travel while your application is pending because if you do and your application gets denied, you will not be allowed back into the US. Further, if you travel outside the United States while your Form I-485 application is pending and you do not have a valid advance parole; your case may be denied for abandonment. There is a narrow exception for individuals maintaining certain nonimmigrant statuses.

What to do if you have an emergency and need to leave the country, but do not have advance parole.

If you are experiencing an extremely urgent situation, you may visit your local USCIS field office to request an emergency advance parole document. When visiting a field office to request emergency advance parole, you should bring the following items:

1. A completed and signed Form I-131, Application for Travel Document

2. The correct I-131 filing fee or receipt of a pending Form I-131

3. Evidence to support the emergency request (e.g. medical documentation, death certificate)

4. Two passport-style photos.

Our office can assist you with your advance parole application should you require legal help. Call (330) 329-7134 or Email: sandra@sandraboogaardlaw.com #emergencytraveldocument

Employment Authorization for Certain Spouses of H-1B visa holders!

Tue, 24 Feb 2015 17:08:00 GMT

Adapted from USCIS News Release: Release Date: February 24, 2015

Form I-765, Application for Employment Authorization

US Immigration laws offers protection for vicitims of crimes; Welcome to the U-visa!

Fri, 13 Feb 2015 19:22:00 GMT

Form I-192, Application for Advance Permission to Enter as a Nonimmigrant

Did you receive a Notice of Intent to Deny (NOID) your Immigration Case?

Thu, 29 Jan 2015 05:00:00 GMT

I would like to extend my B1/B2 visitor's visa

Wed, 28 Jan 2015 05:00:00 GMT

H-1B visas for 2015-2016

Tue, 27 Jan 2015 18:12:00 GMT

H1B FACTS; GET STARTED NOW

The 2016 H1B season is almost upon us! If you plan to apply for an H1B visa you should start getting your paperwork organized now. USCIS will start accepting applications on April 1, 2015. You can start working on October 1, 2015. There are only 65,000 H1B visas available (With a few exceptions). Get your paperwork right the first time.


H1B Visa Information, What is it? How does it work? Do I qualify?

H1B visas are the most common way that employers use to hire international professionals and students to come and work here in the USA. H-1B visas allow people to stay and work here for a specific period of time up to six (6) years.

Qualifying Occupations that use H-1B visas include but are not limited to: IT positions, Banking, Marketing, Sales, Computing, Engineering, Teaching, Healthcare. Talk to an attorney about your profession to see if you may qualify for an H-1B

Usually, an initial H-1B visa is granted for up to 3 years, after which it can be extended for up to a total of six (6) years.

Your family is also permitted to live in the US during the time of using an H-1B visa; however they cannot work unless they obtain their own work visa, with certain exceptions.

What is the H1B Cap?

The amount of H1B visas that are granted is limited at 65,000 plus an additional 20,000 for International students that graduate with an MBA or higher. This cap is set by the US Congress.

Documentation for H1B Visa:

-High school Diploma

-College diplomas, College transcripts/academic records

-An H1B Sponsorship job offer from a US Sponsor Company

-Any documentation for current or previous visas

- Employment verification in the form of references, all of which must correlate with information in Resume.

- Current Resume describing in detail employment history, which include the name and addresses of the employer, job title, time of employment and duties.

  Last year, the 2014-2015 cap/quota filled in 5 days. USCIS began accepting applications on April 1, 2014 and by April 5,
2014; they had received well over the 65,000 cap/quota, an approximately 124,000 applications. The USCIS used a computer generated random selection process, kind of a “lottery” to determine which applications to accept and process for H1B visas. What that means for the 2015 season is that you want to get a head start on the competition. There is a substantial amount of paperwork associated with the H1B application, including the DOL Labor Condition Application (LCA). The LCA must be pre approved and usually takes some time. An applicant must also gather all proof of their educational credentials. If you education was obtained abroad, the application will need to have those credentials certified as acceptable by U.S. standards. This too usually takes time. Since there are a number of “pre application processes”, it would be a wise choice to get started now!

   H1B Visa Cap /Quota Exemptions:

The following H-1B visa petitions are not subject to the annual quota:

U SCIS Fees for processing H1B application:

There are different fees depending on the type of H-1B petition you are submitting...
The following fees may be required:

Base filing fee: $325.00

Additional Fees:
1. American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee:
$750 for employers with 1 to 25 full-time equivalent employees, unless exempt.
1,500 for employers with 26 or more full-time equivalent employees, unless exempt.
2. Fraud Prevention fee: $500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B status to change employers (does not apply to Chile/Singapore H-1B1 petitions).
3. Public Law 111-230: $2,000 to be submitted by a petitioner which employs 50 or more employees in the United States where more than 50 percent of its employees in the United States are in H-1B or L-1 nonimmigrant status. (Must be submitted with a request for initial H-1B status or a request for a beneficiary already in H-1B status to change employers.)

Premium Processing fee (optional): $1,225 for employers seeking Premium Processing Service. (This services allows processing within 15 days)

Here is a summary of past years H1B Visa Quotas and the dates they were filled:

   FY 2014 H1B Visa Cap / Quota:

Regular H-1B Visa cap of 65,000 reached on April 5, 2013 (5 days).
US Master Degree H-1B Visa Cap of 20,000 reached on April 5, 2013 (5 days)

   FY 2013 H1B Visa Cap / Quota:

Regular H-1B Visa cap of 65,000 reached on June 11, 2012 (72 days).
US Master Degree H-1B Visa Cap of 20,000 reached on June 7, 2012 (68 days).

   FY 2012 H1B Visa Cap / Quota:

H-1B Visa cap of 85,000 reached on November 22, 2011 (236 days).

   FY 2011 H1B Visa Cap / Quota:

H-1B Visa cap of 85,000 reached on January 26, 2011 (301 days).

   Sandra Boogaard Law Office will competently handle your H1B petition and work with you to get it ready and filed in a timely manner. If you would like assistance please give us a call.

Phone: (646) 688-2747 or (330) 329-7134 or Email sandra@sandraboogaardlaw.com

Qualifying for the Executive Action Immigration Benefits (DACA and DAPA); What does an immigrant need to prove

Thu, 15 Jan 2015 18:24:00 GMT

Qualifying for the Executive Action Immigration Benefits (DACA and DAPA); What does an immigrant need to prove:

Many immigrants who believe they qualify for the new executive actions are confused as to where to start in preparing to take advantage of the new benefits. So we here at Sandra Boogaard Law Office have decided to provide a checklist to help you wade through the confusion and make sense of it all. Here is the list:

2. Obtain proof of your relationship to U.S. citizen/Lawful Permanent Resident (LPR) family members: To prove that you have a relative with this status, gather:
*birth certificates of children
*marriage certificates
*your spouse/child’s U.S. passport or naturalization certificate
*your spouse/child’s green card

3. Gather proof of your length of time in the U.S.: Y ou will likely have to show how long you have been in the U.S. These are some documents that can help you show that:
*school records
*medical or hospital records
*letters
*bills (electricity, phone, gas, etc.)
*rent payments
*passport with admission stamp
*copies of money order receipts for money sent in or out of the country
*bank transactions

4. Gather any criminal records that you have: P eople with certain type of criminal convictions may not qualify. It is advisable to get a copy of your criminal records now so that you can show them to a qualified attorney and get advice on whether you should apply. Oftentimes, criminal records take a long time to obtain, so start sorting it out right now! Criminal records include:
*Arrest records
*Conviction records
*Court dispositions
*FBI criminal background checks
*Expungement records
*Proof of rehabilitation (completion of DUI and other classes)

5. If you have a criminal conviction talk to a criminal law attorney to see if they can help you to get the record cleaned up (i.e. expunged, vacated, or modified): There are different ways to do this and an attorney will best be able to help you. Even if this doesn’t help you qualify for the program, it may be easier to get a job when you erase a conviction from your record.

6. If you have a prior deportation/removal order consult with an attorney right away: There might be a risk for people who have prior deportation/removal orders to apply. Talk to a qualified immigration attorney to discuss whether you should apply and whether you can re-open your old immigration case.

7. Get your finances in order: Immigration applications are expensive – it costs $465 to apply for deferred action under the original Deferred Action for Childhood Arrivals (DACA) program implemented in 2012. The new program could cost more, so start saving now or working on your finances. This could be the difference between your staying in the U.S. and being deported ASAP. It will be worth every penny that you spend!

Important: The USCIS have not started to accept applications for any of these programs. You cannot apply for these programs yet! (Although you can still apply for the original 2012 DACA).

This information is for the sole purpose of helping you to prepare your paperwork so that once the programs are implemented, you can move full steam ahead! Always stay informed by talking to your immigration attorney who will update you; or keeping abreast of the immigration news.

Set up an appointment with a qualified immigration attorney to hear more.

You may contact Sandra Boogaard Law Office (330) 329-734 or email at sandra@sandraboogaardlaw.com

President Obama Provides Immediate Relief for about 5 million Undocumented Immigrants

Fri, 21 Nov 2014 01:40:00 GMT

For Immediate Release from American Immigration Council

President Provides Immediate Relief, Creates Architecture for Reform

November 20, 2014

Washington D.C. - After decades of congressional neglect, tonight President Obama took a crucial and courageous step toward reforming our immigration system. He announced that he will provide immediate relief for many of those impacted by of our broken system, and he is offering Congress an architecture for the permanent reforms that our country desperately needs.

Under the new policies announced, the Obama Administration will build on the successful Deferred Action for Childhood Arrivals (DACA) program by providing temporary relief for the parents of U.S. Citizens and lawful permanent residents. The new program, to be called Deferred Action for Parents (DAP), will ensure that millions of U.S. Citizen and lawful permanent resident children will remain unified with their parents. The President also announced new enforcement policies and steps to improve the adjudication of business and family visas.
Mindful that the full impact of the President’s announcement will reveal itself in the months ahead, the American Immigration Council will keep a close watch over how the agencies administer these new policies. We will work to ensure that they are implemented in a way that respects fundamental principles of fairness and due process.

every U.S. President

Immigration Reform by President Obama!

Fri, 21 Nov 2014 01:17:00 GMT

We are all anxiously awaiting the details of the President's immigration executive action expected to be unveiled on Thursday evening!! The President he will address the nation on November 20, 2014 at 8pm laying out the details of his plan to fix the “broken” immigration system. President Obama is also scheduled to visit Las Vegas’ Del Sol High School on Friday and talk more about his plan. We have high expectations for as many as 5 million undocumented immigrants to get some sort of papers to chart their course to full legalization in the U.S. We are tracking the events play by play here at Sandra Boogaard Law Office. Call us now to see how this immigration reform can help you. We do telephone and in office consultations. Phone: (330) 329-7136 or Email sandra@sandraboogaardlaw.com

Temporary Protected Status (TPS) for Liberia, Guinea and Sierra Leone!!

Fri, 21 Nov 2014 00:49:00 GMT

Proposed Immigration Executive Action; Ten (10) Point Plan

Wed, 19 Nov 2014 05:00:00 GMT

sandra@sandraboogaardlaw.com

Could Immigration Reform be this close?

Sun, 16 Nov 2014 21:09:00 GMT

sandra@sandraboogaardlaw.com

What do you think about possible Presidential Executive Action on Immigration Reform?

Thu, 06 Nov 2014 05:00:00 GMT

Applying for Asylum in the US

Wed, 29 Oct 2014 15:16:00 GMT

I want to apply for Asylum in the United States @Sboogaardlaw

Each year thousands of people come to the United States seeking protection because they have suffered some kind of persecution in their home country or they fear that they will suffer persecution in their home country in the near future due to their Race, Religion, Nationality, Membership in a particular social group or Political opinion. Over the years, the category of particular social group has taken on new life in Immigration Law and many categories are included. Contact an attorney to see if you fall into any “particular social group” that could qualify you for asylum in the United States.

When can you apply for Asylum:

A person may only apply for asylum if they are arriving in or already physically present in the United States. You cannot apply for Asylum if you are outside of the United States. The proper course to take is to apply for Refugee status.

To apply for asylum in the United States, you may ask for asylum at a port-of-entry such as an airport, seaport, or at any border crossing. However, if you are already in the United States, you may file Form I-589, Application for Asylum and for Withholding of Removal , at the Service Center closest to you. There is no fee for applying.

Your immigration status does not matter:

You may apply for asylum regardless of your immigration status. So if you are here legally or illegally you may apply if you otherwise qualify.

One year filing deadline:

You must apply for asylum within one year of your last arrival in the United States, unless you can demonstrate that there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within one year. You must apply for asylum within a reasonable time given the circumstances. Changed or extraordinary circumstances may include certain changes in the conditions in your country, changes in your own circumstances, and other events. For example, if you suddenly realize that you are gay and your country is hostile against gays, you may still apply. Also if the political climate in your country has changed since you left, you may apply for asylum outside of the one year filing deadline.

Can I be barred from applying for Asylum:

If you already applied for asylum and were denied, you will be barred for applying for asylum unless you demonstrate that there are changed circumstances which significantly affect your eligibility for asylum.

If you could be removed to a safe third country pursuant to a bilateral or multilateral agreement such as Canada, you will be barred from applying for asylum

What happens after you obtain asylum:

If you are eligible for asylum and you obtain a favorable result to your application, you will be permitted to remain in the United States. You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried. Also, if you are granted asylum you may petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition .

Permission to Work in the United States:

Application for Employment Authorization may be applied for if the following conditions are satisfied:

*150 days have passed since you filed your complete asylum application, excluding any delays caused by you, for example if you request that your interview be rescheduled, AND

*No decision has been made on your application

If you are granted asylum you may work immediately . To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization . There is no fee to apply for your first EAD if you have a pending asylum application or if you have been granted asylum.

Can I obtain a Green Card through Asylum:

Yes you may! You may apply for a green card one year after being granted asylum. To apply for a green card, you must file your application to adjust your status to that of lawful permanent resident by filing a Form I-485, Application to Register Permanent Residence or to Adjust Status with all the required supporting documents. If there are family members, you should submit a separate I-485 application packet for each one.

The process of applying for asylum in the United States requires skill in navigating the paperwork and special circumstances that often arise. You may need the help of an attorney who knows what they are doing and has read the law and keeps up to date with the changes. Contact Sandra Boogaard Law Office to set up your consultation today. Phone: (330) 329-7134 or (646) 688-2747. Email: sandra@sandraboogaardlaw.com

I want to Extend my B1/B2 Visitor's Visa

Tue, 14 Oct 2014 04:00:00 GMT

Applying for a B1/B2 (Visitor’s) Visa Extension:

Those visitors who wish to stay in the United States beyond the time allotted upon their entry or beyond the time indicated on their Form I-94 must apply to the United States Citizenship and Immigration Services (USCIS) to extend the visa. The decision to grant or deny a request for extension of visitor visa is made by the USCIS and is discretionary.

A visitor’s visa can be issued if the purpose of travel is business (B-1) or tourism, pleasure, and medical treatment (B-2). They are issued together as B1/B2 visa. They are usually issued for a period of six months but can be extended for maximum 6 additional months. It is not advisable to file for an extension within 3 months of arrival otherwise USCIS may assume that the extension is preplanned. That can be prejudicial to any future visa applications.

In order to extend the I-94 you must file a request with United States Citizenship and Immigration Services (USCIS). You have to complete the Form I-539 to extend/change the stay before the authorized stay expires. If you remain in US beyond the authorized stay, then you may be deported or refused entry in US again. You or your spouse and unmarried children can file the extension together in one form if all of you are in the same status or are in derivative status. USCIS recommends that you file the extension at least 45 days before the authorized stay expires.

Prerequisites for B1/B2 Visa Extension

Your Nonimmigrant status has to be currently valid before you can apply for an extension. The following conditions must be met:

You cannot apply for Visitor Visa Extension if you are:

After Filing the US Visa Extension:

After you file the extension you can stay for 240 days after the expiration of I-94 or till the approval or denial of extension, whichever comes first. You will receive a receipt with your case number, which you can use to track the progress of your case online. It can take a few weeks to process your case. If the application for extension is approved then you will be issued a new I-94 with a new expiration date. If the visa extension is denied , you will be asked to leave the country immediately. You will also receive a letter stating the reason of denial. The USCIS generally allows you 30 days to leave the country effective from the date on the denial letter. If you overstay then your visa may become void, and you might be barred from the country in the future. In worst cases you might be forcibly deported from the country. You might encounter problems while reapplying for a US visa because the highly computerized records system at the Consulate will indicate that you overstayed your visit. If you leave the United States before a decision is made on your application for extension please keep a copy of your application and the receipt to show the immigration authority when you enter US again. Otherwise you may be barred from entering US for overstaying during the last visit.

Most often it is useful to get the help of a highly trained Immigration Attorney to assist you with your visa extension application. Our office can help you. Call Attorney Sandra Boogaard today at (646) 688-2747 or (330) 329-7134. Or email sandra@sandraboogaardlaw.com

I want to request that my Immigration Case be Expedited

Tue, 09 Sep 2014 17:41:00 GMT

I want to request that my Immigration case be expedited:

When it comes to immigration petitions, almost everyone wants their case expedited or fast tracked. The truth is that if you have a very good reason to make the request, you can probably get your case expedited. United States Citizenship and Immigration Service (USCIS) have set forth the criteria for making expedite request. The requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met.

If your case is already in premium processing, your expedite request will not be granted.

You can make an expedite request either with your new petition or application; or after you have already filed your petition. An attorney can assist you with making an expedite request at any point during your application, and can examine your circumstances to see whether or not you have a good case for expedite request.

The expedite criteria are listed below:

You can contact Sandra Boogaard Law Office at (646) 688-2747 or (330) 329-7134 or email at sandra@sandraboogaardlaw.com.

Immigration Relief for applicants from EBOLA affected countries!

Thu, 21 Aug 2014 16:14:00 GMT

Ebola Outbreak-related Immigration Relief Measures to Nationals of Guinea, Liberia and Sierra Leone Currently in the United States Release Date: August 15, 2014 U.S. Citizenship and Immigration Services (USCIS) is closely monitoring the Ebola outbreak in West Africa. USCIS offers relief measures to nationals of those three countries who are currently in the United States. Immigration relief measures that may be available if requested include: Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired; Extension of certain grants of parole made by USCIS; Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; Expedited processing of immigrant petitions for immediate relatives (currently in the United States) of U.S. citizens; Expedited adjudication of employment authorization applications, where appropriate; and Consideration for waiver of fees associated with USCIS benefit applications. If you believe you qualify or you need assistance processing your case, call SANDRA BOGAARD LAW OFFICE at (646) 688-2747 or (330) 329-7134.

From Student Visa to Green Card

Thu, 17 Jul 2014 21:37:00 GMT

Citizenship Application Denied, what to do?

Fri, 11 Jul 2014 16:12:00 GMT

MY CITIZENSHIP APPLICATION WAS DENIED; WHAT SHOULD I DO? #Citizenship Denied

It is a horrifying and shocking feeling when you wait for the privileged moment; you apply for your U.S. Citizenship, by filing the Form N-400. You wait with baited breath, you envision the swearing in ceremony, you will finally obtain a US passport, so you can travel much of the world without fear or favor. And then you receive that dreadful letter “Your Citizenship application is hereby denied” You can hardly contain your shock.

You then ask yourself, how can this possibly be, I have my green card now and have lived in the United States for 5 years or 3 years (if married to a US citizen).

If you find yourself in this situation, call a good Immigration lawyer right away to help you because after the denial of your citizenship application, you could be put in removal proceedings. What that means is that the government could try to deport you from the United States. Whether or not they will try to do that depends on the reasons for your denial, and whether or not the reasons for your denial can be overcome. You may be able to re file your application or you may have to appeal the denial decision. Either of these options will need to be considered carefully and it is advisable to get an Attorney’s help, one who specializes in Immigration Law.

GROUNDS FOR DENIAL OF CITIZENSHIP :

There are a number of grounds upon which you can be denied, and they include:

Was the Green Card wrongfully granted?

When you apply for U.S. Citizenship, the U.S. immigration authorities get another chance to review your entire file including your green card file. Sometimes, the government encounters instances where the applicant really shouldn’t have been given a green card. An example would be, if an applicant immigrated to the United States as the unmarried child of a U.S. citizen – but was in fact married when he or she immigrated. This would make the applicant’s green card invalid because the applicant would not at the time of the Green Card approval be an “unmarried child of U.S. citizen” If the USCIS notices that this date was before the applicant’s receipt of the green card, it may ask further questions, and ultimately place the applicant in removal proceedings, unless other conditions apply. Once stripped of the green card, the applicant will have no more right to U.S. Citizenship.

Did you commit acts that make you removable from the US?

Green card holders are subject to the grounds of deportability found in Section 237 of the Immigration and Nationality Act (I.N.A.). For instance, you can become deportable for having committed certain crimes or immigration violations (and do not under estimate the significance of DUIs, DWIs and Disorderly Conduct). Talk to a lawyer if you have any of these. Additionally, if you engaged in subversive or terrorist activities, or even failed to advise USCIS of your change of address within ten days of moving, you could be removed. Another example is if you spend six months or more outside the United States and then returned, you would also be subject to the grounds of inadmissibility upon your return. Another reason for invalidation of green card is whether you have become a public charge (received need-based government assistance) or developed certain physical or mental disorders that present a threat to the public or yourself.

If, during your application for citizenship, USCIS notices that you have become removable or were inadmissible upon entry to the U.S., it can place you into removal proceedings and you may lose your green card.

Do You Meet the Basic Eligibility Criteria for U.S. Citizenship?

Citizenship is the highest benefit a person can obtain under the U.S. immigration laws, and therefore comes with a list of requirements. These include that you:

Failure to meet any of these criteria can mean that your application for Citizenship will be denied. In most cases, you will not lose your green card at the same time, but will simply need to apply for Citizenship when you become truly eligible and are ready. Note that if you were out of the U.S. for so long that you appear to have abandoned your residence here, you are in for a larger problem. Refer to our blog for more information on Abandonment of Green Cards or call our office.

To avoid being denied on basic eligibility grounds, fill out your application carefully, and consult with an attorney if you have any crimes on your record, have spent long periods of time outside the United States, or have any other questions about your eligibility for US. Citizenship.

At Sandra Boogaard Law Office , we take pride in attending Citizenship swearing in ceremonies with our approved clients. Contact us at (646) 688-2747 or (330) 329-7134. Email: sandra@sandraboogaardlaw.com

Record Naturalization on Independence Day!!

Mon, 07 Jul 2014 16:23:00 GMT

WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) Acting Director Lori Scialabba will help USCIS celebrate our nation’s 238th birthday as the agency welcomes approximately 9,000 new U.S. citizens during more than 100 naturalization ceremonies across the country from June 30 to July 4.

“We’re honored to celebrate Independence Day by welcoming new U.S. citizens at ceremonies across the United States,” said USCIS Acting Director Lori Scialabba. “It’s our pleasure to celebrate the fulfillment of their dreams of citizenship at the same time we celebrate the birth of our country.”

Citizenship candidates will take the Oath of Allegiance during numerous ceremonies, including: Nevada’s Las Vegas City Hall; Old Salem Museum and Gardens in Winston-Salem, North Carolina; Turner Field in Atlanta; the Miramar Branch Library & Education Center, Miramar, Florida; Saguaro National Park in Tucson, Arizona; the New York Public Library in New York City; the Seattle Center in Seattle; the National World War II Museum in New Orleans; the Benjamin L. Hooks Central Library in Memphis, Tennessee; and California's Great America Theme Park in Santa Clara, California.

This year’s celebration of Independence Day and U.S. citizenship also will feature special naturalization ceremonies at sites integral to America’s history, including: George Washington’s Mount Vernon in Mount Vernon, Virginia; Thomas Jefferson’s Monticello in Charlottesville, Virginia; the USS Missouri in Pearl Harbor, Hawaii; Mount Rushmore National Memorial in Keystone, South Dakota; the USS Midway in San Diego, California; the Battleship New Jersey in Camden, New Jersey; and Saratoga National Historical Park in Stillwater, New York.

This is great news!! Call Sandra Boogaard Law Office if you need help with your Naturalization applications. (646) 688-2747 or Email s andra@sandraboogaardlaw.com

Can I be deported if I commit a crime in the US?

Thu, 15 May 2014 19:46:00 GMT

Can I be deported if I commit a crime in the United States: Yes!

Committing a crime while in the United States is no joke! In fact it can cause you to be deported by US Immigration Officials. Even if you have a green card, you can be deported!. All immigrants, including those with green cards, can be deported if they violate U.S. immigration laws. Committing is crime is one of the most common reasons to place someone in removal proceedings. If you are placed in removal proceedings, get a lawyer without delay.

In particular, immigrants can be deported if they commit either a “crime of moral turpitude” (CMT) or an “aggravated felony

1. What are “Crimes of Moral Turpitude”:

Usually a crime of moral turpitude is a crime that “shocks the conscience” and could include crimes against property such as theft, fraud and larceny and crimes involving dishonesty as well as intent to commit these crimes. A crime of moral turpitude also includes crimes against the person and includes assault with the intent to rob or kill, spousal abuse, and aggravated driving under the influence (DUI or DWI).

The crimes listed here does not constitute the full list and such, you must contact a qualified Immigration lawyer if you have committed and crime and is before the Immigration court. There are too many examples of crimes that have been found to involve moral turpitude and the Courts seem to be interpreting the laws to add new crimes often.

An Immigrant may be able to argue that their conviction should not be classified as a crime of moral turpitude, or that the statute that has been violated contains elements that would not always pertain to a crime of moral turpitude. This will be a good defense if you are able to pull it off.

An Immigrant may be Deported for a Crime of Moral Turpitude if:

1. Immigrant commits a crime of moral turpitude during the first five years after admission to the United States. So if you obtain your green card and is admitted in the United States in 2008 and you commit a crime between 2008 and 2013, you could be deported for CMT.

2. Immigrant commits two or more crimes of moral turpitude not arising out of a single scheme of criminal misconduct at any time after your admission to the United States.

A Petty Offense Exception, how does it work?

Immigration law provides that a crime can escape classification as a crime of moral turpitude if it is a "petty offense." The petty offense exception applies if the penalty for the crime committed could never exceed one year of imprisonment, and if any time the person actually served in prison was less than six months. Examples of petty offenses could include shoplifting, simple assault, or a DUI that did not involve driving without a license or damage to property or persons, depending on the law in your state.

Waivers for CMT:

There are a few situations in which you may be able to apply for a waiver of a crime of moral turpitude under Section 212(h) of the Immigration and Nationality Act (I.N.A.). A waiver is a form of legal forgiveness that would allow an Immigrant to avoid deportation. In order to qualify, you must never have committed an aggravated felony, you cannot be a threat to national security, and you must have lived within the U.S. continuously for at least seven years.

Some examples of situations that may be waiver-eligible include possession of less than 30 grams of marijuana, crimes related to prostitution, or crimes that were committed more than 15 years ago.

2. What Is An Aggravated Felony?

Aggravated felony is a term of art used to describe a category of offenses carrying particularly harsh immigration consequences for non-citizens convicted of such crimes. Regardless of their immigration status, if you are not a U.S citizen and you have been convicted of an aggravated felony, you are prohibited from receiving most forms of relief that would spare you from deportation, including asylum. You will also be prohibited from being re admitted into the United States at any time in the near future.

Yet despite what the ominous-sounding name may suggest, an aggravated felony need not be “aggravated” nor does it need to be a “felony” to qualify as such a crime. Instead, an aggravated felony is simply an offense that Congress has seen fit to label as such. Once upon a time, the list of aggravated felonies was limited. However Congress has seen it fit to expand the list and it now includes many nonviolent and seemingly minor offenses.

Some aggravated felonies include murder; rape; drug or firearms trafficking; sexual abuse of a minor; child pornography; money laundering, fraud or tax evasion involving more than $10,000; theft or violent crimes with a sentence order of at least one year, even if the sentence was suspended.

If you were convicted of an aggravated felony at any time, there will be very little that you can do to avoid deportation, unless you can prove it is more likely than not that you would be tortured in your native country upon return. In that case an Immigrant could apply for relief under the United Nations Convention against Torture Act (CAT)

You should obtain the help of a qualified and competent Attorney who can help you avoid a crime of moral turpitude conviction or an aggravated felony conviction that could permanently render you inadmissible to the United States.

Call Sandra Boogaard Law Office at (646) 688-2747 if you need help or have questions. Follow us on Twitter @Sboogaardlaw. Like us on Facebook at Sandra Boogaard Law Office.

Employment authorization for some H-4 spouses and other skilled workers?

Thu, 08 May 2014 00:49:00 GMT

DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants

Is your marriage bonafide enough for Immigration purposes?

Thu, 24 Apr 2014 19:51:00 GMT

Is your marriage bonafide enough for US Immigration:

US Immigration authorities are always on the lookout for sham marriages or marriages that are not bonafide. They are skilled in ferreting out evidence to make even the most solid of married couples shake and quiver at their visa interview. If you are applying for permanent residence (green card) based on marriage to a U.S. citizen, you must be prepared to prove that your marriage is real. Don’t think that “Oh my marriage is real, I don’t need to prove it” You will be in for an awakening at your visa interview. You will need to provide lots of documentary evidence of your having taken concrete steps to establish a life together, with shared finances, living arrangements among other things. Some examples are listed below and the list is not exhaustive:

10. Evidence of life insurance policies where the spouse is named beneficiary.

11. Evidence of medical or health insurance plans which name the spouse as a member or beneficiary.

12. Power of Attorney or Wills listing each other as beneficiary.

13. Evidence of correspondence between the parties, including letters, birthday and holiday cards, telephone calls and other correspondence addressed to the parties.

14. Religious marriage certificate if there was a church wedding.

15. Copies of gas, electric, telephone and other utility bills.

16. Evidence of joint ownership of automobile.

17. Birth certificates of children born or adopted

18. Doctor’s report stating that you are pregnant, or a fertility specialist’s report indicating that you are trying that you are trying.

19. Evidence of vacations taken together, including airline tickets and hotel bills.

20. Evidence of all major purchases made together, such as household appliances, furniture and electronics.

21. Social Media references to each other, do not discount Face book and Twitter!

Once you have gathered your documents, you will need to focus on the possible questions that Immigration authorities could ask you at your interview about the validity of your marriage such as the color of your bedroom curtains or where in your house the light switch is located. The list of questions is endless and you ought to be prepared with the truth.

If either of you seems unable to answer the questions, or seem uncomfortable at all, you may be switched to meeting with the “fraud unit,” for what is called a “Stokes interview.” Each of you will then be separately asked an identical set of questions, and your answers compared to see how well they match up. If they don’t match up, you could face dire consequences, your visa will be denied and worse, you could be deported. A good immigration attorney can provide you with a list of questions that could possibly be asked and can help “pass” your marriage interview test. It is always best to be prepared!! Call a qualified Immigration Attorney for help.

At Sandra Boogaard Law Office , we can help you. Call (646) 688-2747. Our attorneys can prepare you beforehand and accompany you to the interview to ensure that all procedures are correct.

Immigration Status Through VAWA

Tue, 15 Apr 2014 18:02:00 GMT

How to get Immigration Status if you are an abused spouse or child of US citizen or permanent resident:

If you are now in the United States without lawful status and you have been subjected to violence or abuse by your US citizen spouse or parents, you may be eligible to self petition for immigration status.

In 1994, Congress passed the Violence Against Women Act (VAWA); creating special routes to immigration status for certain battered or abused noncitizens. Among the basic requirements for eligibility, a battered noncitizen must be the spouse or child of an abusive U.S. citizen or permanent resident. Through a self-petitioning process, the battered spouse or child may apply for immigration status without the knowledge or involvement of the abuser . Derivative status is available to certain children and parents of the principal immigrant.

Abuse does not need to be physical. It can be also come in the form of mental, emotional or psychological abuse. Do not be afraid to seek help because of your immigration status. You may be able to get immigration benefits!

If eligible, Form I-360 Self-Petition (VAWA petition) should be filed with extensive supporting documentation to show abuse. Documentation must also show qualifying relationship to the abuser. A fee must be paid, although the USCIS has discr etion in granting fee waivers if inability to pay is proven.

Intending immigrants who can establish the basic requirements will be given an initial determination and then be eligible for certain public benefits . Once the VAWA petition is approved, the immigrant is granted deferred action status unless the immigrant is otherwise disqualified.

Deferred action means that removal, or deportation, proceedings will be put on hold. Applicants are also eligible for work authorization upon approval of their VAWA petition.

Once the VAWA petition has been approved, immigrants are classified into categories based on a preference system. Self-petitioners who are immediate relatives of U.S. Citizens (spouses, parents, unmarried children under the age of 21) are eligible to adjust status to a lawful permanent resident status when their VAWA petition is approved.

Spouse and children of lawful permanent residents must wait for an immigrant visa to become available for their category. These petitioners will be able to obtain work authorization until they are eligible to apply for permanent residency.

Battered spouses or children of U.S. citizens or permanent residents who are before the Court in deportation proceedings may also be eligible for this form of relief through VAWA cancellation of removal.

The abused person must complete a criminal background check, as well as completion of a medical exam.

Applicants might be barred from permanent residency if they have a record of involvement with drugs, prostitution, or other crimes, if they committed visa fraud, were previously deported, or have certain other disqualifications against them.

Waivers are sometimes available for criminal or immigration breaches but intending immigrants with these complications are advised to have their cases reviewed by a qualified immigration attorney.

What do I need to prove when I apply for VAWA:

To self-petition, an immigrant must show that:

1. She or he was battered or subjected to extreme cruelty, and is or was married to a U.S. citizen or Lawful Permanent Resident within the past two years. Unmarried children of the self-petitioner who are under age 21 may be included in the petition, OR

2. She or he is the parent of a child who has been battered or subjected to extreme cruelty by that parent’s U.S. citizen or Lawful Permanent Resident spouse. The mother of the battered child may self-petition and include all of her unmarried children under age 21 who live in the U.S. in her petition.

Requirements for VAWA Self Petition:

There are 5 main requirements that must be fulfilled in order to self-petition. Once these factors are fulfilled, an abused person along with her minor children, are awarded visa status and may expect to file for permanent residence in 3 years. The victimized person must demonstrate that she or he is:

1. A person of good moral character,

2. Is being or has been battered by a U.S. citizen or by a lawful permanent resident spouse that she lived with,

3. Be married or divorced, within two years of application, from a U.S. citizen or lawful permanent resident,

4. Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits, and

5. Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the armed forces of the United States.

For help call Sandra Boogaard Law Office at (646) 688-2747. Or email sandra@sandraboogaardlaw.com

You may qualify for Deferred Action for CHildhood Arrivals (DACA)

Thu, 20 Mar 2014 18:22:00 GMT

DACA- do you qualify:
Have you overstayed your visa or did you enter the US without inspection, say through a coyote or through one of the borders undetected, you may be eligible for Deferred Action for Childhood arrivals.

On June 15, 2012, President Obama signed a memo calling for deferred action for certain undocumented young people who came to the U.S. as children and have pursued education or military service here. Applications under the program which is called Deferred Action for Childhood Arrivals (“DACA”) begin on August 15, 2012.

Individuals who meet the following criteria can apply for deferred action for childhood arrivals:

What does currently in school mean:

To be considered “currently in school” under the guidelines, you must be enrolled in:

Applicants will have to provide documentary evidence of the above criteria. In addition, every applicant must complete and pass a biographic and biometric background check. If you meet the requirements above and you need legal assistance, contact a qualified immigration attorney. Sandra Boogaard Law Office can assist you. Call us at (646) 688-2747.

Good news for 601A Waiver denials-USCIS to reopen 601A Waivers on own motion

Thu, 20 Mar 2014 17:47:00 GMT

My green card has been cancelled, Help!

Wed, 12 Mar 2014 15:08:00 GMT

WHAT TO DO IF YOUR GREEN CARD IS REVOKED:

If you are a Legal Permanent Resident of the United States and you stay outside of the country usually for more than 6 months, you run the risked of being charged with abandonment of your green card and it can be taken away. There are two scenarios that could occur when you get to the port of entry:

If your green card has been taken by an immigration officer at the airport or other port of entry and you want to get it back, consult a qualified immigration attorney immediately for help. While you may choose to tackle the task of your defense on your own, it is never advisable to do so. After all, if you had any idea what it took to hold onto your green card, it might not have been confiscated in the first place . . A green card is hard to obtain, don’t give it away without a fight!

Our law office can assess your situation and see how best to help you. Call us for a consultation. (646) 688-2747.

@sboogaaardlaw on twitter; Sandra Boogaard Law Office on Facebook

Waivers to 3 and 10 year bar to re-entry into the United States

Mon, 24 Feb 2014 17:54:00 GMT

I-601 and I-601A (Stateside) Unlawful Presence Waivers for the 3 & 10 Year Bars to Reentry into the U.S.

The 1996 Illegal Immigration Reform and Responsibility Act (IIRAIRA) created three year, ten year, and permanent bars on admission to the U.S. for a variety of immigration status violations. This means that if any of the bars apply to you, you will generally have to wait outside the U.S. for the prescribed period before you can lawfully re-enter. These bars affect a wide array of immigrants who would otherwise be eligible for permanent residency, and even some immigrants who are currently living in the U.S. who have worked and paid taxes, and have most of their immediate family here.

What exactly is the Three (3) year bar: The three year bar applies to individuals who have been unlawfully present in the United States for a continuous period of more than 180 days (6 months), but less than one year, and who voluntarily depart the U.S. The bar is triggered by the act of departing the U.S., even if you depart to obtain an immigrant visa through consular processing abroad. And get this: This may apply to you even if you are married to a U.S. citizen.

What exactly is the Ten (10) year bar: The ten year bar applies to individuals unlawfully present in the U.S. for an aggregate period of one year or more who depart voluntarily. Unlawful presence begins to accrue when the period of authorized stay expires or after an entering the U.S. without inspection by at a Port of Entry. Again, the bar is triggered by the act of departing the U.S., even if you depart to obtain an immigrant visa through consular processing abroad. And again, this may apply to you even if you are married to a U.S. citizen .

What are my options: The Waiver Option?

There may be an option to overcome these bars if the immigrant is married to a U.S. citizen or lawful permanent resident, or has a U.S. citizen or LPR parent. If you do a Waiver may be available for 3 & 10 year bars. To qualify for this waiver , which if approved, allows the immigrant to lawfully re-enter with the immigrant visa and not wait outside the US for 3 or 10 years, the immigrant must prove that his or her USC or LPR spouse or parent will suffer Extreme Hardship if the waiver is not approved and you are forced to live apart from your immediate relative. Note that if you are permanently barred due to multiple unlawful visits or certain kinds of deportation, waiver is not available to you . Call a qualified Immigration lawyer if you feel that you may be permanently barred from re-entry into the U.S.

What is the procedure for Waiver application:

The Waiver can be filed either on the Traditional I-601 Waiver filing process or the new Provisional I-601A Waiver Process (Often referred to as the Stateside waiver)

The standard I-601 waiver process: Traditionally, if an immigrant enters the US illegally or without inspection say through one of the US/Mexican or US/Canadian borders and so cannot prove legal entry, the immigrant cannot apply for a green card in the US through the adjustment of status process but must interview for their green card at a consulate abroad. The big catch is that once you leave the US, you can trigger the 3 or 10 year bar to re-entry and will need to apply for a visa waiver. When you attend your consulate interview, the immigrant will be informed if they need a waiver. If the Waiver is approved, the immigrant is then contacted again by the consulate to complete the immigration visa process. Waiver applications must never be taken lightly . In fact, it is not recommended that you apply for a waiver without the help of a qualified immigration attorney. As of now one third of waiver applications are denied. The Waiver process can take between 6 months to one year.

The provisional waiver, I-601A (Stateside Waiver) process : In March 2013, USCIS announced a new policy to help those immigrants married to US citizens to avoid the longer waiting periods that the traditional I-601 waiver process creates and also allows the immigrant to wait in the U.S. for the Waiver decision before proceeding abroad to the visa interview (and hence not separated from family for unduly long periods). If the waiver is approved, the immigrant travels to their interview at the consulate abroad and if there are no other grounds of inadmissibility such as a criminal offence, the immigrant may be granted the visa to return to the U.S. Consequently, lives are not uprooted and jobs are not lost. It is an ideal situation for many immigrants and their families.

Please contact our office at (646) 688-2747 if you feel you qualify to apply for a Waiver of if you have any questions. Or email sandra@sandraboogaardlaw.com

H1B Visa Information

Fri, 07 Feb 2014 16:00:00 GMT

H1B FACTS; GET STARTED NOW

The 2015 H1B season is almost upon us! If you plan to apply for an H1B visa you should start getting your paperwork organized now. USCIS will start accepting applications on April 1, 2014. You can start working on October 1, 2014. There are only 65,000 H1B visas available (With a few exceptions). Get your paperwork right the first time. The H1B is a United States work visa for skilled workers. U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, including but not limited to: scientists, engineers, or computer programmers

L ast year, the 2013-2014 cap/quota filled in 5 days. USCIS began accepting applications on April 1, 2013 and by April 5, 2013; they had received well over the 65,000 cap/quota, an approximately 124,000 applications. The USCIS used a computer generated random selection process, kind of a “lottery” to determine which applications to accept and process for H1B visas. What that means for the 2015 season is that you want to get a head start on the competition. There is a substantial amount of paperwork associated with the H1B application, including the DOL Labor Condition Application (LCA). The LCA must be pre approved and usually takes some time. An applicant must also gather all proof of their educational credentials. If you education was obtained abroad, the application will need to have those credentials certified as acceptable by U.S. standards. This too usually takes time. Since there are a number of “pre application processes”, it would be a wise choice to get started now!

H1B Visa Cap /Quota Exemptions:

The following H-1B visa petitions are not subject to the annual quota:

U SCIS Fees for processing H1B application:

There are different fees depending on the type of H-1B petition you are submitting..
The following fees may be required:

Base filing fee : $325.00

American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee :

$750 for employers with 1 to 25 full-time equivalent employees, unless exempt.
1,500 for employers with 26 or more full-time equivalent employees, unless exempt.

Fraud Prevention and Detection fee:

$500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B status to change employers (does not apply to Chile/Singapore H-1B1 petitions).

Public Law 111-230 :

$2,000 to be submitted by a petitioner which employs 50 or more employees in the United States where more than 50 percent of its employees in the United States are in H-1B or L-1 nonimmigrant status. (Must be submitted with a request for initial H-1B status or a request for a beneficiary already in H-1B status to change employers.)

Premium Processing Fee (optional) :

$1,225 for employers seeking Premium Processing Service. (This services allows processing within 15 days)

Here is a summary of past years H1B Visa Quotas and the dates they were filled:

F Y 2014 H1B Visa Cap / Quota:

Regular H-1B Visa cap of 65,000 reached on April 5, 2013 (5 days). USCIS page.
US Master Degree H-1B Visa Cap of 20,000 reached on April 5, 2013 (5 days)

FY 2013 H1B Visa Cap / Quota:

Regular H-1B Visa cap of 65,000 reached on June 11, 2012 (72 days).
US Master Degree H-1B Visa Cap of 20,000 reached on June 7, 2012 (68 days).

FY 2012 H1B Visa Cap / Quota:

H-1B Visa cap of 85,000 reached on November 22, 2011 (236 days).

FY 2011 H1B Visa Cap / Quota:

H-1B Visa cap of 85,000 reached on January 26, 2011 (301 days).

Sandra Boogaard Law Office will competently handle your H1B petition and work with you to get it ready and filed in a timely manner. If you would like assistance please give us a call. 646) 688-2747.

What to do when your I-130 Petition is DENIED.

Thu, 09 Jan 2014 21:12:00 GMT

SO YOUR I-130 PETITION WAS DENIED; YOU HAVE OPTIONS!

You receive the dreadful denial in the mail or you checked your case processing status online. There it is: Case denied! You freeze, then you panic, you want to throw up. You then take a peek through your window to see if Immigration officers are waiting for you outside. The truth is that for most people, and I-130 denial from the USCIS is plain and simple bad and there may be nothing worse than receiving the dreaded Denial Notice months and months after filing your I-130 family-based immigrant petition . The question then becomes:

Take heart, there is good news! If your I-130 is denied or revoked, you have options. Although Denials and Revocations don’t happen often, there are several grounds on which USCIS may deny or revoke your I-130 petition. The grounds for an I-130 denial range from simple procedural issues such as nonpayment of filing fees or lack of documentation of your relationship, to more complex matters such as fraud or a finding that the family relationship is not recognized at law. Many of these issues can be corrected by an experienced Immigration Attorney.

As a reminder, an I-130 is an immigrant, family-based petition that allows U.S. citizens and lawful permanent residents to sponsor their close family members for permanent residency status or a green card in the United States. Close family members include spouses and children, as well as parents and siblings. This privilege does not apply to extended family like cousins and aunts. Because U.S. immigration law states that only these close relatives of a citizen or lawful permanent resident qualify as immediate relatives for green card purposes, the U.S. citizen or lawful permanent resident can sponsor their relatives so long as they are able to document the qualifying relationship to the satisfaction of the immigration officer.

SO WHAT ARE YOUR OPTIONS WHEN YOUR I-130 IS DENIED :

As soon as you receive any response from USCIS, you should gather all your documents including a copy of the I-130 you filed, all supporting documents, and all correspondence from USCIS and consult with an experienced immigration attorney to see if you can overcome the grounds for denial. This is not the time to question whether or not you need a lawyer’s help. You most likely do! There are two routes to consider:

Denials and revocations are no joke as they could lead to endangerment of any future petitions by the same petitioner and or beneficiary. It is therefore prudent to contact and consult with immigration attorney before filing anything with USCIS. As soon as you receive a denial, consult with an immigration attorney to see if you can overcome the grounds of denials. Please note that while Immigration attorneys cannot determine the outcome of your case, they can help you to present a more compelling case to the USCIS.

If your I-130 Petition has been denied, you may want to contact an Immigration Attorney now!

By: Sandra N. Boogaard, Immigration Attorney; www.sandraboogaardlaw.com ; www.caribbeantousimmigration.com

How can I obtain a K-1 Fiance Visa

Mon, 30 Dec 2013 05:00:00 GMT

Do you want to bring your Fiancé to the US, how about a K1 Fiancé Visa?

So you are a U.S. citizen and you have met and fallen very hard for the love of your life? Great! But there is only one problem, your fiancé lives outside of the USA, and he or she does not have a U.S. visa and so far has not or cannot easily obtain one. What can you do? The K-1 Fiancé may be your best bet. The K-1 visa is a dual intent visa issued to the fiancé of a United States citizen to enter the United States . A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder). Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide. You must marry your U.S. citizen fiancé with 90 days. If a K-1 visa holder does not marry his or her U.S. citizen petitioner within 90 days of entry, then he or she must depart the United States within 30 days.

Process required to file a Fiancé visa Petition

The U.S. citizen begins the process of petitioning a foreign fiancé by filing a form I-129F with United States Citizenship and Immigration Services (USCIS). If the visa petition is approved, the USCIS service center sends it to the National Visa Center of the State Department, which in turn forwards it to the Embassy or Consulate nearest the foreign fiancé. The U.S. Citizen will also be notified of the approval. The Embassy or Consulate will notify the foreign fiancé that a petition has been received, and provide information about how to schedule a medical exam and provide fingerprints and/or police clearance as well as how to schedule an appointment for a visa interview at the Embassy.

At the visa interview a Consular officer reviews the documents that both the U.S. citizen petitioner and the foreign fiancé have submitted. The Consular officer looks for evidence of a relationship, and asks the foreign fiancé questions to determine that a bona fide relationship exists.

Once the Consular officer is satisfied that everything is in order, he or she will issue the K-1 visa. The officer may also request that further evidence be submitted before making a decision. If the Consular officer does not think the relationship is bona fide or finds some legal impediment to issuing the visa, the petition will be returned to USCIS and recommended for revocation and no visa will be issued. The entire process can take anywhere between 7months to one year.

So if you think this type of visa could help reunite you with the love of your life, do not hesitate to get started on the paperwork!

Sandra Boogaard Law Office
Email: sandra@sandraboogaardlaw.com
P: (330) 329-7134 or (646) 688-2747

What’s next for the immigration reform bill?

Tue, 05 Nov 2013 03:01:00 GMT

It's been a good week for proponents of immigration reform. The sweeping bill that seeks to legalize most of the country's 11 million unauthorized immigrants was passed by the Senate Judiciary Committee on Tuesday night, after five full days of debate and amendments that did little to significantly change the original compromise.

So, what's next for the bill?

It is likely to be introduced on the Senate floor as early as June 3, and lawmakers will be able to propose more changes to the legislation there. Meanwhile, a secretive bipartisan group in the House also may release a competing immigration bill, though members are divulging few details about what their proposal will look like.

Immigrant advocates are worried the Senate reform bill may face a tougher crowd in the Republican-led House than it has so far in the Senate.

Ben Monterroso of the Service Employees International Union said advocates worry that GOP House members, all already in election mode for 2014,"are going to play to the base."

"I'm not sure that the extremists [in the House] are going to allow this process to go without a fight," Monterroso said.

Overall, the bill moved slightly to the right during its trip through the Senate committee. Republicans on the 18-member Senate Judiciary Committee were able to push through a few modest amendments that beefed up some of the border security provisions of the original bill, as well as loosening restrictions on and increasing the amount of visas for the high-tech industry to hire foreign workers.

Unions were unhappy with the high-tech visas amendment but willing to live with it. "We appreciate the work done by the Gang of Eight, as well as all those senators—both Democrats and Republicans—who engaged in good faith in the arduous job of advancing this bill," said AFL-CIO President Richard Trumka in a statement. "We applaud the progress by the Judiciary Committee, but we will still work to make a good bill even better."

Meanwhile, liberal groups expressed disappointment that the bill does not yet include a provision to allow people in same-sex marriages to be able to sponsor their spouses for green cards. Sen. Patrick Leahy, a Democrat of Vermont, withdrew the amendment this week after being warned it could disrupt the fragile bipartisan coalition that supports immigration reform.

Though the bill remained largely unchanged in the Senate committee, three main issues have emerged as major potential sticking points that could derail the bill in the coming months:

1. The low-skilled worker compromise

Both the Chamber of Commerce and the AFL-CIO are defending their hard-fought compromise over how many low-skilled workers will be allowed in the country each year under the law. The groups negotiated for nearly a year over this provision, which allows up to 200,000 temporary, noncollege-educated workers into the country each year based on business needs. Any significant changes to this plan could cause one or both of the groups to walk.

"It's very carefully crafted, and it is not subject to change," Tom Snyder, campaign manager for the AFL-CIO's Citizenship Now campaign, said on Wednesday. "We're going to resist any change in that bill."

Some free-market conservatives want the number of visas to be higher to allow businesses easier access to labor, while more protectionist Republicans align with some Democrats in saying the number is too high and could drive down wages for American-born workers. Both business and labor say this compromise is a delicate balance that cannot be disrupted by politicians without serious consequences for the bill.

2. The pathway to citizenship

Key Democrats—including President Barack Obama and Sen. Harry Reid—have insisted from the beginning of the process that any immigration reform bill must include a pathway to citizenship for the nation's unauthorized immigrants.

During the markup, Republican Sen. Ted Cruz of Texas offered an amendment to change the bill so that the unauthorized immigrants would be legalized but not eligible for citizenship. It failed. Some House conservatives also have expressed support for a similar plan, however, so it's possible the push could be duplicated in the House.

3. The border security trigger

A key dispute among conservatives right now centers around the enforcement and border security provisions of the Senate bill. The bill requires some key benchmarks to be met before any of the nation's unauthorized immigrants are allowed to apply for permanent residency, which leads to citizenship. But immigrants can gain temporary legal status in the meantime, which allows them to work legally. Under the bill, a group of Southwest border leaders, including governors and law enforcement officials, would have to certify that the border is "secure" before the green card process begins. E-verify, which employers will be required to use to check the immigration status of workers, also will have to be in effect.

But some Republicans, including Sen. Chuck Grassley of Iowa, want to move up this timetable so that none of these immigrants can legalize his or her status before these benchmarks are met. That would most likely delay the current 12-year path to citizenship in the bill by several years and alienate liberal support for the bill. Grassley's proposal to change the bill in this way failed in the markup, but it could be introduced again on the Senate floor or be duplicated in the House.

Some Republicans also believe the border should be declared close to impermeable before the legalization process begins.

Original Post

http://news.yahoo.com/blogs/ticket/next-immigration-reform-bill-204958093.html

Green Card Lottery; Do I qualify?

Thu, 17 Oct 2013 15:51:00 GMT

What is the Green Card Lottery ?

Do you know that by law, the US Government gives up to 55,000 diversity visas ("green cards") each year through the Diversity Immigrant Visa Lottery (also known as the "Green Card Lottery," "US Visa Lottery," or the "US Immigration Lottery"). The US visas offered through the Visa Lottery grant permanent residence and work status to successful participants in the program. The Diversity Immigrant Visa Program makes up to 55,000 diversity visas available annually, drawn from random selection among entries of individuals who are from countries with low rates of immigration to the United States.

What are the Benefits of the Green Card Lottery?

Successful participants of the Diversity Visa Lottery enjoy all the advantages and benefits of a US permanent resident, including health and education benefits, and employment opportunities. Successful participants of the US Visa Lottery can also become US citizens if they so desire. Our office can help you with your application. Call now (646) 688-2647

Who is Eligible to participate in the US Visa Lottery?

The congressionally mandated Diversity Immigrant Visa Program makes available up to 55,000 diversity visas (DVs) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States . Applicants must satisfy minimum nationality and education or work experience requirements. There are no age limits and you can register for the Green Card Lottery if you are living in the US or in a foreign country.

Successful DV entrants must be eligible to receive a visa by qualifying based on education, work, and other requirements. The law and regulations require that every DV entrant must have at least:

A high school education or its equivalent; or Two years of work experience within the past five years in an occupation requiring at least two years' training or experience.

REGISTRATION IS NOW OPEN THROUGH NOVEMBER 2, 2013 AT 12 NOON. Our office can help you with your application. Don’t lose your chance to live the American Dream! Call us now for a free phone consultation! (646) 688-2727. Follow us on twitter @Sboogaardlaw. Sandra Boogaard Law Office on Face book. www.sandraboogaardlaw.com or email sandra@sandraboogaardlaw.com.

Effect of Government Shutdown on Immigration Services

Tue, 08 Oct 2013 16:52:00 GMT

TPS Temporary Protected Status

Fri, 27 Sep 2013 18:57:00 GMT

DO YOU QUALIFY FOR TEMEPORARY PROTECTED STATUS (TPS) IN THE U.S, FIND OUT HERE!

When certain emergencies arise in another country, the U.S. Department of Homeland Security can designate that country’s citizens, if they are already present in United States, as eligible for “Temporary Protected Status” (TPS).

TPS is a temporary designation that allows its beneficiaries to live and work in the U.S. and travel in and out of the U.S. for the duration of the emergency without fear of being placed into removal proceedings for overstaying a visa. The U.S. usually authorizes TPS in situations of upheaval due to natural disasters (such as hurricanes or earthquakes), an outbreak of disease, or armed conflicts that have made it unsafe to return.

You can receive TPS benefit even if you came into the United States illegally . While TPS approval is not a grant of amnesty (or forgiveness) for prior immigration offenses, you can still apply for and receive the benefits of TPS (including a work permit) if you entered or remained in the U.S. illegally.

You cannot get a green card via TPS . TPS is a temporary immigration status for people temporarily in the U.S., to protect them from having to return to an actively dangerous situation in their home country. Even if you were to live and work legally in the United States as a TPS beneficiary for many years, there is no route to permanent residence (i.e., a green card) that will follow simply from a grant of TPS.

You can apply for another immigration benefit along with TPS or after my TPS application is approved.

In fact it is suggested that you should do so if you are eligible for a more lasting and established form of immigration relief, such as asylum, a green card through marriage or another family relationship to a U.S. citizen or permanent resident, or even a green card through the diversity visa lottery. One of the benefits of TPS is that, if granted, you will receive your employment authorization document fairly quickly . So it is worthwhile to apply for TPS while you investigate the other immigration options that might be available to you.

You may be able to travel outside the U.S. while your TPS application is awaiting a decision or after your application is approved. However it is advisable to seek legal advice before leaving if you have ever been unlawfully present in the United States. If you have ever entered in the U.S. without authorization or remained past the expiration date of your visa or status, you may be deemed inadmissible when attempting to reenter, and that is true even if you are a TPS beneficiary with advance parole. If you are sure that you will not be found inadmissible upon return and you wish to travel outside the U.S., the way to apply is by using USCIS Form I-131, Application for Travel Document. You will need to submit this form prior to departing. Once your advance parole is approved, you will remain in Temporary Protected Status upon your return. Without such approval, you would be considered to have abandoned your TPS. Your travel outside the U.S. must be “brief, casual, and innocent.” That means you cannot resettle in another country or return to your home nation without jeopardizing your TPS status.

Which Countries Are Eligible for TPS:

To see whether your country is on the list of TPS designees, as well as the valid registration periods, you can visit the " Temporary Protected Status ” page of the United States Citizenship and Immigration Services (USCIS) website. As of early 2013, the following nations are designated as TPS nations:

El Salvador Somalia

Haiti Sudan

Honduras South Sudan

Nicaragua Syria

Additional Eligibility Requirements for TPS:

If you have questions or need help with filing your application for TPS, Feel free to call our Office at (646) 688-2747 or email sandra@sandraboogaardlaw.com . www.sandraboogaardlaw.com . @SboogaardLaw on twitter.

How to get out of ICE Custody

Wed, 18 Sep 2013 15:38:00 GMT

Getting a person released from an immigration detention facility is a complicated matter. You may not want to attempt to do so without getting the help of an experienced Immigration Lawyer because it can be more difficult and time-consuming than getting a person released from a state jail after arrest on criminal charges. Nevertheless, if your loved one is in ICE detention, do not assume he or she will be deported, and do not lose hope. Read the information below for basic steps on what can be done. Since of course, every detainee’s case is different, it is advised that you consult with an experienced immigration attorney to make the best of a tough situation.

The Following persons are not for release:

Persons Not Eligible For Release From Immigration Detention

Generally these are persons who have serious criminal histories. Specifically, the Immigration and Nationality Act lists specific categories of criminals who are subject to “mandatory detention. The categories include:

There are other categories of persons who are not eligible for release from immigration custody. Each category includes legal terms with complex definitions, and a person should consult with an experienced immigration attorney to decide whether any one applies. There are also exceptions to the rule — situations where even people with serious criminal pasts can be released from detention ( e.g. , when the conviction is very old, before 1996). Again, the best approach is to consult with an expert on criminal-immigration issues.

Besides persons with serious criminal histories, often immigrants with existing orders of removal will not be eligible for release. Typically, their options are limited to release on an order of supervision, and they are not eligible for an immigration bond.

Finally, persons who are arrested short after entering the United States illegally are not immediately eligible for release on bond. They are often placed in expedited removal proceedings, in which case they must first demonstrate a credible fear of returning to their home countries before they can be released from ICE detention.

Ways To Get Released From Immigration Detention

There only a handful of ways that a person can be released from immigration detention: Release on an Immigration bond, Release on parole, Release on an order of supervision, and Termination of proceedings.

Immigration Bonds

Immigration bonds are granted by either Immigration and Customs Enforcement or by an immigration judge. Either party sets the bond to ensure the immigrant’s appearance at future court proceedings. In an example, if ICE sets a bond of $5000, and the detainee’s family posts that amount at an ICE field office, then the person will be released. ICE will return the $5000 if the ex-detainee shows up for all his court hearings and abide by all the terms of the bond. If he misses a court hearing or breaches any other terms of the bond, the $5000 wil be forfeited.

Sometimes ICE sets a bond without any action on the part of the detainee. This does not happen very often, especially when the person detained has a criminal record, or has no clear possibility of getting relief from deportation. Most times in order to get a bond from ICE, the detainee or his attorney can make a “request for redetermination of custody status.” (It is recommended that the person’s attorney make this request.) The ICE officer assigned to the case will then make a determination of the extent to which the person is a flight risk or danger to society, and set a bond accordingly. Sometime the ICE officer will decide to set the case at a “no bond.”

Also, the person or his attorney can also request a bond from an immigration judge. Depending on the region of the country where the person is detained, requesting a bond hearing may be the fastest way to get a person released from immigration detention. Once a formal request for a bond is made, the immigration court will calendar a bond hearing. At the bond hearing, the judge will set a bond amount after making a determination of whether the detainee is a flight risk or danger to persons or property. The immigration judge considers many factors, on which evidence may be presented by either party. Some factors are: the immigrant’s family and community ties to the United States, length and seriousness of criminal history, financial stability, history of immigration violations, length of residence in the United States, and history of appearances before courts.

Note: Even at bond hearings, you or your attorney may be able to negotiate a bond amount with Immigration and Customs Enforcement (ICE). When an agreement as to the bond amount is reached, the immigration judge will often accept this number.

Parole

Parole is only available to arriving aliens. Arriving aliens are persons who are seeking to be admitted to the United States at a port-of-entry. ICE has the power to grant or deny parole; it is not mandatory. In deciding whether to parole an immigrant into the United States, ICE will consider if there are “urgent humanitarian reasons” for doing so or if there is a “significant public benefit” to releasing the person.

Termination of Proceedings

Persons are automatically released from detention if they win their removal proceedings. That is, if ICE drops its attempt to deport the person, or the immigration judge decides that the person can stay in the country.

Release on Order of Supervision

This is usually available only to persons who have already been ordered removed from the United States, but cannot be deported for one reason or another. For example, if a person has an order of removal, but ICE is having great difficulty in obtaining the travel documents needed to deport him or her, then the person may be able to apply for supervised release. Or if the person has a pending case before the Court, ICE may not be able to remove him right away and he or she may be released on an order of supervision.

Conclusion

Immigration detention is a complex area of the law, and it is always a good idea to consult with an Immigration Attorney before proceeding. Our office can help you get out of ICE custody. Contact us to see if you qualify.

www.sandraboogaardlaw.com

@Sboogaardlaw on Twitter

Sandraboogaardlaw on Facebook

(646) 688-2747

(330) 329-7134

What do you think about the Stop and Frisk Law in New York?

Tue, 10 Sep 2013 17:53:00 GMT

New York stop-and-frisk ruling brings cautious optimism

Self Petition For Green Card- Do you qualify?

Tue, 20 Aug 2013 17:01:00 GMT

*Individuals of extraordinary ability in the sciences, arts, education, business or athletics, (E11)

*Individuals who were granted a National Interest Waiver (NIW), (E2)

INDIVIDUALS OF EXTRAORDINARY ABILTY:

NATIONAL INTEREST WAIVER:

Advisory: You may NOT self petition based on employment, if you are not in one of these two categories. For other employment based green cards, there is the option of Green Card Through a Job Offer or “Green Card Through Investment.

Sandra Boogaard Law Office can help you file a successful Self Petition Green Card Application. Contact us if you need further information or assistance. Phone (646) 688-2747. www.sandraboogaardlaw.com #Sboogaardlaw #Immigration #Self Petition

Do you qualify for Deferred Action for Childhood Arrivals, Find out Here!

Mon, 05 Aug 2013 04:00:00 GMT

I-821D

I-765

Frequently asked questions since passage of Defense of Marriage Act (DOMA)

Fri, 02 Aug 2013 16:42:00 GMT

These were adapted from the USCIS Website. For more detailed information or assistance call our office for a free initial phone consultation.

Petitioning for my Spouse

Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?
A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage.

Q2. I am a U.S. citizen who is engaged to be married to a foreign national of the same sex. Can I file a fiancé or fiancée petition for him or her?
A2. Yes. You may file a Form I-129F. As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage.

Q3: My spouse and I were married in a U.S. state or a foreign country that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?
A3: Yes. As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage, we will apply all relevant laws to determine the validity of a same-sex marriage..

Applying for Benefits

New Applications and Petitions:

Q4. Do I have to wait until USCIS issues new regulations, guidance or forms to apply for benefits based upon the Supreme Court decision in Windsor ?
A4. No. You may apply right away for benefits for which you believe you are eligible.

Previously Submitted Applications and Petitions:

Q5. My Form I-130, or other petition or application, was previously denied solely because of DOMA. What should I do?
A5. USCIS will reopen those petitions or applications that were denied solely because of DOMA section 3. If such a case is known to us or brought to our attention, USCIS will reconsider its prior decision, as well as reopen associated applications to the extent they were also denied as a result of the denial of the Form I-130 (such as concurrently filed Forms I-485).

Once your I-130 petition is reopened, it will be considered anew—without regard to DOMA section 3—based upon the information previously submitted and any new information provided. USCIS will also concurrently reopen associated applications as may be necessary to the extent they also were denied as a result of the denial of the I-130 petition (such as concurrently filed Form I-485 applications).

Additionally, if your work authorization was denied or revoked based upon the denial of the Form I-485, the denial or revocation will be concurrently reconsidered, and a new Employment Authorization Document issued, to the extent necessary. If a decision cannot be rendered immediately on a reopened adjustment of status application, USCIS will either (1) immediately process any pending or denied application for employment authorization or (2) reopen and approve any previously revoked application for employment authorization. If USCIS has already obtained the applicant’s biometric information at an Application Support Center (ASC), a new Employment Authorization Document (EAD) will be produced and delivered without any further action by the applicant. In cases where USCIS has not yet obtained the required biometric information, the applicant will be scheduled for an ASC appointment.

No fee will be required to request USCIS to consider reopening your petition or application pursuant to this procedure. In the alternative to this procedure, you may file a new petition or application to the extent provided by law and according to the form instructions including payment of applicable fees as directed.

Changes in Eligibility Based on Same-Sex Marriage

Q6. What about immigration benefits other than for immediate relatives, family-preference immigrants, and fiancés or fiancées? In cases where the immigration laws condition the benefit on the existence of a “marriage” or on one’s status as a “spouse,” will same-sex marriages qualify as marriages for purposes of these benefits?
A6. Yes. Under the U.S. immigration laws, eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse.” Examples include (but are not limited to) an alien who seeks to qualify as a spouse accompanying or following to join a family-sponsored immigrant, an employment-based immigrant, certain subcategories of nonimmigrants, or an alien who has been granted refugee status or asylum. In all of these cases, a same-sex marriage will be treated exactly the same as an opposite-sex marriage.

Q7. If I am seeking admission under a program that requires me to be a “child,” a “son or daughter,” a “parent,” or a “brother or sister” of a U.S. citizen or of a lawful permanent resident, could a same-sex marriage affect my eligibility?
A7. There are some situations in which either the individual’s own marriage, or that of his or her parents, can affect whether the individual will qualify as a “child,” a “son or daughter,” a “parent,” or a “brother or sister” of a U.S. citizen or of a lawful permanent resident. In these cases, same-sex marriages will be treated exactly the same as opposite-sex marriages.

Residency Requirements

Q8. Can same-sex marriages, like opposite-sex marriages, reduce the residence period required for naturalization?
A8. Yes. As a general matter, naturalization requires five years of residence in the United States following admission as a lawful permanent resident. But, according to the immigration laws, naturalization is available after a required residence period of three years, if during that three year period you have been living in “marital union” with a U.S. citizen “spouse” and your spouse has been a United States citizen. For this purpose, same-sex marriages will be treated exactly the same as opposite-sex marriages.

Inadmissibility Waivers

Q9. I know that the immigration laws allow discretionary waivers of certain inadmissibility grounds under certain circumstances. For some of those waivers, the person has to be the “spouse” or other family member of a U.S. citizen or of a lawful permanent resident. In cases where the required family relationship depends on whether the individual or the individual’s parents meet the definition of “spouse,” will same-sex marriages count for that purpose?
A9.Yes. Whenever the immigration laws condition eligibility for a waiver on the existence of a “marriage” or status as a “spouse,” same-sex marriages will be treated exactly the same as opposite-sex marriages.

Defenses to Deportation/Notice to Appear

Mon, 22 Jul 2013 19:02:00 GMT

Immigrants usually get alarmed when they are served with a Notice to Appear (NTA). There is definitely reason to be alarmed! A Notice to Appear means that the government wants to prove that you should be deported from the United States, and have an Immigration judge order you deported. If you are served with an NTA, you should contact an skillful Immigration Attorney who knows how to defend against these cases. There are many defenses to deportation. #Immigration.

Undocumented Immigrants should talk to an Experienced Immigration Attorney!

Fri, 12 Jul 2013 04:00:00 GMT

Are you an “undocumented immigrant” or as some would say “undocumented alien” currently residing in the United States. The proposed Immigration Bill could help you and you should speak to an experienced Immigration Attorney about your situation. Find out how the provisions of the Bill could affect you, and put you on a legitimate path to citizenship. We are experienced and proficient and rank among the best Immigration lawyers in the United States. Our Immigration Law firm has two offices to serve you. We are located in Canton Ohio and New York, NY. Phone: (646) 688-2747. Helping Immigrants is our first priority!

APPLY FOR SIBLING GREENCARDS NOW BEFORE TOO LATE!

Thu, 11 Jul 2013 17:13:00 GMT

If you are planning to file for your siblings, (brother or your sister) to get a green card to come to the United States, you should do so now!

The current U.S. immigration system makes about 65,000 visas available each year for brothers and sisters of adult U.S. citizens. Wait times in this visa category are long, particularly for foreigners in countries with high U.S. immigration volumes like India and some Caribbean countries, but sibling visas have traditionally been an important path for reuniting families in the U.S. The proposed new immigration bill would eliminate the sibling visa category.

Although the separate sibling visa category will be eliminated if the immigration reform bill is passed, you can and should still successfully apply for the sibling visa today, before this window of opportunity closes. Any applications submitted under the current system will still be completed, even if the new system is implemented. In fact, the wait time for your siblings to receive a green card may be reduced because the bill promises to clear the current backlog of family visa applicants over the next ten years.

The big lesson in all of this is: apply sooner rather than later to bring your siblings to the U.S. If the reform bill passes there will be a large volume of new applicants that will result in even longer wait times and this opportunity will no longer exist 18 months after the law goes into effect. To find out if you’re eligible to apply for your brother or sister, or to find a qualified immigration lawyer who can help, call us now at 646) 688-2747. Your initial phone consultation is free!

Gay Jamaican Married couples are now eligible to apply for Green Cards!

Mon, 08 Jul 2013 19:59:00 GMT

In the case of United States v. Windsor , the United States Supreme Court held on June 25, 2013, that Section 3 of the Defence of Marriage Act (DOMA) was unconstitutional. Section 3 of DOMA provided as follows:

"In determining the meaning of any act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife."

This means that under United States Constitution, marriage is no longer exclusively defined as between man and woman only. It also includes marriage between a man and man or woman and woman. For gay persons in Jamaican and the Caribbean, as well as around the word, this means that if you get married in a state or country that recognizes same sex marriage, the USCIS will recognize your application as valid when you apply to bring your spouse to the United States. (Even though same sex marriage is still illegal in Jamaica, and many other countries) This is great news for human rights as a whole. I am sure J-FLAG will celebrate this one!

If you are a gay couple with one spouse who is a United States citizen, and you want to file for a green card for your lawfully married spouse, please call Sandra Boogaard Law Office at (646) 688-2747 with any questions. We can help you obtain a green card for your spouse or we can help you get a K1 fiancé visa to come to the United States to get married to your spouse.

Immigration Reform: Obama Says Congress Can Finish Bill By End Of Summer

Sun, 09 Jun 2013 01:45:00 GMT

President Barack Obama says there's no reason Congress can't pass an immigration overhaul by the end of summer.

In his weekly radio and Internet address, Obama pushes a bipartisan bill the Senate is debating that creates a pathway to citizenship for 11 million people in the U.S. illegally.

Obama says the bill's opponents will do everything possible to stop it. He says they'll play politics, stoke fear and divide people.

He says if they succeed, the nation will miss a chance to fix a badly broken system. He's urging Americans to tell their lawmakers we must get immigration done.

In the Republican address, Rep. Luke Messer of Indiana says House Republicans have acted to prevent a student loan rate increase next month. He says Senate Democrats should stop stalling.

Senate Judiciary Committee Strikes Deal On H-1B Visas

Fri, 31 May 2013 03:09:00 GMT

News on Immigration Reform!!!

Mon, 27 May 2013 17:02:00 GMT

So, what's next for the bill?

Immigrant advocates are worried the Senate reform bill may face a tougher crowd in the Republican-led House than it has so far in the Senate.

Ben Monterroso of the Service Employees International Union said advocates worry that GOP House members, all already in election mode for 2014,"are going to play to the base."

"I'm not sure that the extremists [in the House] are going to allow this process to go without a fight," Monterroso said.

Though the bill remained largely unchanged in the Senate committee, three main issues have emerged as major potential sticking points that could derail the bill in the coming months:

1. The low-skilled worker compromise

2. The pathway to citizenship

3. The border security trigger

Some Republicans also believe the border should be declared close to impermeable before the legalization process begins.

Effects of Comprenhesive Immigration Reform on the Caribbean:

Sat, 04 May 2013 04:00:00 GMT

Update on Immigration Reform

Sun, 14 Apr 2013 04:00:00 GMT

A bipartisan group of senators plans to introduce its long-awaited immigration bill on Tuesday, Senate sources confirmed to ABC News.

Four Democrats and four Republicans, known as the “Gang of Eight,” wrapped up months of hard-fought negotiations this week and will put forth a bill that includes a pathway to citizenship for many of the 11 million undocumented immigrants living in the U.S.

But the legislation includes a cutoff date of December 2011, which would bar undocumented immigrants who arrived in the U.S. after then from seeking legal status and then citizenship, according to sources.

Sources who spoke to ABC News said that the cutoff date was a Republican-backed idea designed to only allow those undocumented immigrants already assimilated into their communities to stay. But that idea may run into resistance from Democrats and immigrant-rights groups since it may exclude many undocumented immigrants from obtaining legal status.

“All issues that rise to the member level have been dealt with,” Sen. Chuck Schumer, D-N.Y. said in a statement on Thursday. “All that is left is the drafting.”

The bill would also provide for increased border security and interior enforcement against employers who knowingly hire undocumented immigrants. The Senate plan would call for surveillance of 100 percent of the U.S.-Mexico border and 90 percent effectiveness in catching people trying to illegally enter the U.S., the Associated Press reported.

Certain border security metrics would need to be met before undocumented immigrants granted provisional legal status could apply for permanent status, and then citizenship. That’s a process that could last 15 years, according to media reports. The bill would also require employers to verify the immigration status of job applicants.

A secret “Gang of Eight” in the House of Representatives is working on its own immigration bill. According to House sources, members of the “Gang” will continue to meet daily next week to produce their own bill. That legislation would prevent undocumented immigrants who arrived after January 2011 to apply for legalization.

President Obama is hopeful about Immigration Reform!!

Sat, 06 Apr 2013 04:00:00 GMT

"I'm very optimistic that we get immigration reform done in the next few months," he said http://thehill.com/homenews/administration/291919-obama-optimistic-on-immigration-reform-gun-control-tougher> . He compared the chances of passing immigration reform favorably to the chances of passing new gun control measures, but considering the opposition those face in Congress, that's not saying much. Let's hope that the republican corporate and help make this happen! Both houses on Congress seem to be making steady progress toward similar but competing bills that would offer a path to citizenship for many of the 11 million undocumented immigrants in the country. The bills also called for increased border security and an easing of restrictions on foreign workers, though the bills and their proponents differ on the exact specifications of any of those measures.

Legislation on Immigration Reform

Sat, 06 Apr 2013 04:00:00 GMT

Immigration help for youths!

Fri, 05 Apr 2013 04:00:00 GMT

Immigration News from Sandra Boogaard Law

Navigating International Travel in 2025: Essential Information for Immigrants and Visa Holders

Can the ICE use your taxes against you? What you need to know.

Immigration and Taxes, Removal/Deportation Orders

Status on Trump's Birthright Citizenship Executive Order

Is Birthright Citizenship Dead?

NEW TRUMP REGISTRATION REQUIREMENT!

Undocumented Immigrants MUST REGISTER THEIR PRESENCE WITH USCIS OR FACE !

Keeping Families Together: A New Pathway for Noncitizen Spouses and Stepchildren of U.S. Citizens

Keeping Families Together- President Biden's parole

President's Biden Immigration Bill Overview!

The New Public Charge Rule

Becoming a financial burden to the U.S. government could affect your green card application.

ICE is about to track license plates across the US!

ICE has officially gained access to license plate recognition database

Do you qualify for Deferred Action for Childhood Arrivals, Find out Here!

Deferred Action for Childhood Arrivals

Self Petition For Green Card - Do you qualify?

Self Petition For Green Card- Do you qualify?

What do you think about the Stop and Frisk Law in New York?

New York stop-and-frisk ruling brings cautious optimism

Senate Judiciary Committee Strikes Deal On H-1B Visas

Deal on visas for high-skilled workers

Effects of Comprehensive Immigration Reform on the Caribbean

Effects of Comprehensive Immigration Reform on the Caribbean

President Obama is hopeful about Immigration Reform!!

President Obama is hopeful about Immigration Reform!!

Legislation on Immigration Reform

Legislation on Immigration Reform

Immigration help for youths!

Immigration help for youths!

Immigration authorities detail plan for courthouse arrests!!

Immigration authorities detail plan for courthouse arrests!

ICE is about to start tracking license plates across the US! Follow the law!

USCIS Expanding Green Card Interview Requirements!

USCIS Expanding Green Card Interview Requirements!

Consumer Advisory on DACA

DACA Recinded- Any options?

Should I remove conditions on my green card

Bringing an interpreter to your visa interview

Special Immigration Benefits for Military Personnel & Family Members!

USCIS Fee Changes in Effect since December, 23, 2016- Insufficient Fee filings will be rejected!

Great News for Unlawfully Present Spouses and Parents of Green Card Holders-USCIS Expands Provisional Waiver Program

DO I NEED A VISITOR'S VISA TO ENTER THE US

NEW RULES FOR VISA WAIVER PROGRAM (ESTA); VISA WAIVER PROGRAM AND TERRORISM

Travellers from Visa Waiver Counties now need E-Passports!

​MY GREEN CARD IS ABOUT TO EXPIRE; CAN I APPLY FOR CITIZENSHIP?

Can I bring my fiance to the US using a K1 visa:

Humanitarian Parole and Immigration

What Just Happened, My Citizenship was denied!

AFFIDAVIT OF SUPPORT (I-864) REJECTED; WHAT CAN I DO:

MARRIAGE FRAUD 101

DACA AND DUI: AM I BARRED; WILL A DUI CONVICTION AFFECT MY APPLICATION OR RENEWAL?

Visa Waiver Program: Pitfalls, Dangers and Limitations: It is not a simple as you may think!

I received a Notice of Intent to Deny my Visa Application! What should I do?

The Basics of Immigration Law; Do I qualify for a US Visa?

Will marrying my Illegal partner get them a Green Card?

ADVANCE PAROLE TRAVEL DOCUMENT

Employment Authorization for Certain Spouses of H-1B visa holders!

US Immigration laws offers protection for vicitims of crimes; Welcome to the U-visa!

Did you receive a Notice of Intent to Deny (NOID) your Immigration Case?

I would like to extend my B1/B2 visitor's visa

H-1B visas for 2015-2016

Qualifying for the Executive Action Immigration Benefits (DACA and DAPA); What does an immigrant need to prove

President Obama Provides Immediate Relief for about 5 million Undocumented Immigrants

Immigration Reform by President Obama!

Temporary Protected Status (TPS) for Liberia, Guinea and Sierra Leone!!

Proposed Immigration Executive Action; Ten (10) Point Plan

Could Immigration Reform be this close?

What do you think about possible Presidential Executive Action on Immigration Reform?

Applying for Asylum in the US

I want to Extend my B1/B2 Visitor's Visa

I want to request that my Immigration Case be Expedited

Immigration Relief for applicants from EBOLA affected countries!

From Student Visa to Green Card

Citizenship Application Denied, what to do?

Record Naturalization on Independence Day!!

Can I be deported if I commit a crime in the US?

Employment authorization for some H-4 spouses and other skilled workers?

DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants

MY GREEN CARD IS ABOUT TO EXPIRE; CAN I APPLY FOR CITIZENSHIP?