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Immigration

Immigration

Understanding Immigration Bonds: Who is Eligible and How to Apply

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For individuals detained by U.S. Immigration and Customs Enforcement (ICE), obtaining an immigration bond can be the key to securing release from detention while awaiting court proceedings. However, eligibility for an immigration bond depends on several specific criteria, and not everyone detained by ICE qualifies. This article outlines who is eligible for an immigration bond, the process of applying for one, and the types of evidence needed to improve your chances of release. At Big River Trial Attorneys, we understand the complexities of the immigration system and are here to support detainees and their families through every step of the bond process. Whether you’re located in Baton Rouge, Louisiana, or elsewhere, this guide will provide a detailed look into the eligibility requirements and application process for immigration bonds. 1. Who is Eligible for an Immigration Bond? An immigration bond allows an individual detained by ICE to be released temporarily, pending a hearing or other immigration-related proceedings. However, not everyone qualifies. Under U.S. immigration law, eligibility for a bond depends on various factors, including an individual’s criminal history, immigration record, and classification under immigration law. Key Criteria for Eligibility No Prior Deportation Orders: Individuals with prior deportation or removal orders generally do not qualify for an immigration bond. ICE considers these individuals at a higher risk of absconding or failing to attend future hearings, so bond eligibility is limited. Not an Arriving Alien: “Arriving aliens” are those who have recently entered the U.S. without inspection or authorization, including asylum seekers at the border. Arriving aliens are typically ineligible for an immigration bond, as they are considered more likely to have unclear legal status, which limits bond eligibility. No Certain Criminal Convictions: Most individuals with certain criminal convictions, particularly drug-related crimes or aggravated felonies, are ineligible for a bond. Aggravated felonies under U.S. immigration law are broad and can include serious crimes such as murder, rape, drug trafficking, and fraud with a sentence of over a year. Even if a conviction doesn’t fall under these specific categories, ICE may consider other factors in determining eligibility. Other Considerations: If ICE or an immigration judge determines that an individual poses a danger to the community or a significant flight risk, they may not be eligible for a bond. This assessment often involves looking at an individual’s personal history, family ties in the U.S., and employment history. 2. Types of Immigration Bonds If deemed eligible, an individual may be able to apply for one of two types of immigration bonds: Delivery Bond: This type of bond allows a detainee to be released from detention with the understanding that they will appear for all required immigration hearings. If the individual misses any hearings, the bond amount will be forfeited. Voluntary Departure Bond: This bond allows the detainee to be released with the agreement that they will voluntarily leave the U.S. by a specified date. The bond amount is refundable if the individual exits the country as promised, but if they fail to leave, the bond is forfeited. 3. How to Apply for an Immigration Bond Applying for an immigration bond is a detailed process that involves submitting documents, presenting evidence, and attending hearings. Here’s an overview of each step: Step 1: Request a Bond Hearing To apply for a bond, an individual or their attorney must first request a bond hearing before an immigration judge. This hearing is separate from any removal hearings. At the bond hearing, the judge reviews the detainee’s eligibility, assesses risk factors, and sets a bond amount if the individual qualifies. Step 2: Gather Supporting Evidence Strong evidence is critical in persuading an immigration judge to grant bond and set a reasonable amount. Evidence should focus on demonstrating that the individual is neither a flight risk nor a danger to the community. Key documents include: Proof of Residency: Documents showing the detainee has lived in the U.S. for a significant period. Family Ties in the U.S.: Evidence of close relationships with family members who are U.S. citizens or lawful residents. Employment Verification: Proof of stable employment, such as a letter from an employer, pay stubs, or tax returns. Community Involvement: Letters of support from community members, religious leaders, or colleagues. Medical Records: If the detainee has health conditions that would be better managed outside detention, providing medical documentation can be helpful. Step 3: Attend the Bond Hearing At the hearing, the individual’s attorney presents the evidence, argues their eligibility, and addresses the criteria for bond eligibility. The immigration judge considers all evidence and can approve, deny, or adjust the bond amount. 4. Evidence to Present for Bond Approval An immigration judge looks at various factors to determine if a detainee is eligible for bond. The two primary criteria are whether the individual poses a flight risk and whether they represent a danger to the community. 1. Flight Risk To demonstrate that they are not a flight risk, the individual must show they have substantial ties to the U.S. and are likely to attend all scheduled hearings. Evidence of stability, strong community roots, and ongoing responsibilities in the U.S. can help demonstrate this. Family Connections: Presenting documents showing that the detainee has close family in the U.S., particularly if they are dependents or U.S. citizens, can reassure the judge of the individual’s intention to stay. Employment Evidence: Employment records or employer statements showing ongoing job commitments make it less likely that the individual will abscond. Employment serves as a tangible sign of stability and integration into the community. Property Ownership: Proof of property ownership or rental agreements also suggests that the individual has significant personal and financial ties to the country. 2. No Danger to the Community If the individual has no criminal history or past convictions, they may submit a statement or records showing their clean record to demonstrate they are not a danger. However, if they do have a criminal history, they should prepare supporting documents or testimonials to show rehabilitation or steps taken toward personal improvement. Character References: Letters

Immigration

How to File an I-130 Petition for an Alien Relative

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Filing an I-130 petition for an alien relative can seem like a big task, but it’s important to know that many people do it every year. This guide will walk you through the process step-by-step, so you can understand what to expect throughout the process. Let’s start by looking at who can apply, who can be a beneficiary, the documents needed, the interview process, and the current processing times. Who Can Apply to Bring a Family Member to the U.S.? The I-130 petition is used by U.S. citizens and lawful permanent residents (green card holders) to help their family members immigrate to the United States. If you are a U.S. citizen, you can file an I-130 petition for your: Spouse (husband or wife) Children (married or unmarried, under 21 or over 21) Parents (if you are at least 21 years old) Siblings (brothers or sisters, if you are at least 21 years old) If you are a lawful permanent resident (green card holder), you can file an I-130 petition for your: Spouse (husband or wife) Unmarried children (under 21 or over 21) Who Can Be a Beneficiary an I-130? The person who will benefit from the I-130 petition, meaning the person who wants to immigrate to the U.S., is called the beneficiary. The beneficiary must have a family relationship with the person who is filing the petition (the petitioner). Step-children can also be beneficiaries in some circumstances. The Documents Needed with an I-130 Petition When you file an I-130 petition, you will need to include several important documents. These documents help prove the relationship between you (the petitioner) and the beneficiary. Here’s a list of the most common documents you will need: Form I-130: This is the petition itself. This form needs to be filled out completely and accurately. Proof of U.S. Citizenship or Lawful Permanent Residency: This could be a copy of your U.S. passport, birth certificate, naturalization certificate, or green card. Proof of Relationship: The type of document you need depends on your relationship with the beneficiary. For example: For a spouse: A marriage certificate, photos of your wedding, and documents showing you have a shared life (like joint bank accounts or a lease with both your names). For a child: The child’s birth certificate showing your name. For a parent: Your birth certificate showing your parent’s name. For a sibling: Birth certificates for both you and your sibling showing at least one common parent. Passport Photos: You will need to include passport-style photos of both the petitioner and the beneficiary. Additional Evidence: Sometimes, you might need to include extra documents, like divorce decrees if you or your spouse were previously married, or adoption papers if you are filing for an adopted child. The I-130 Interview After you submit the I-130 petition, you may be required to attend an interview. The interview is usually conducted at a U.S. embassy or consulate if the beneficiary is outside the United States, or at a U.S. Citizenship and Immigration Services (USCIS) office if the beneficiary is in the United States. Here’s what you can expect: Interview Notice: You will receive a notice with the date, time, and location of the interview. What to Bring: You should bring the original versions of all the documents you submitted with your I-130 petition, as well as any additional documents requested in the interview notice. Interview Questions: The officer may ask questions to verify the relationship between the petitioner and the beneficiary. For example, they might ask how you met your spouse, or details about your family. Current Processing Time The time it takes to process an I-130 petition can vary based on several factors, including the relationship between the petitioner and the beneficiary, and the country where the beneficiary is living. On average, processing times can range from several months to over a year. Immediate Relatives: If you are a U.S. citizen filing for an immediate relative (spouse, unmarried children under 21, or parents), the processing time is generally faster, often taking around 6 months to a year. Family Preference Categories: If you are a U.S. citizen filing for siblings or married children, or a green card holder filing for a spouse or unmarried children, the processing time can be longer. These cases can take from 1 to several years, depending on the category and the beneficiary’s country of origin. Conclusion Filing an I-130 petition for an alien relative involves several important steps, but understanding who can benefit from the process and the types of evidence needed can help you navigate the decision of whether or not to apply for your relative. A skilled immigration attorney can help you increase the chances of filing a successful petition and bringing your family member to the United States by helping you present all the necessary documents and being prepared for the interview. If you have questions about petitioning for a family member, give us a call at (225) 407-0777 or click here to contact us.

Immigration

Do You Qualify for DACA

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What is DACA In 2012, the US Department of Homeland Security created the Deferred Action for Childhood Arrivals program. The program is more commonly known as DACA. DACA is not a law but a regulation that provides some immigration protection and benefit to those who qualify. There has been a lot of litigation over DACA. This article was written in May of 2023 and discusses the current state of DACA at that time. Who Qualifies for DACA The be eligible to apply for DACA you must meet the following conditions: Under the age of 31 as of June 15, 2012 (born on June 16, 1981, or after) No lawful status on June 15, 2012 Entered the U.S. before you turned 16 years old Continuously resided in the U.S. since June 15, 2007 Physically present in the U.S. on June 15, 2012, and when you apply Enrolled in school, graduated, obtained certificate of completion (GED), or be honorably discharged from the military No criminal convictions for a felony, a serious misdemeanor, or three or more misdemeanors As of October 22, 2022, USCIS is accepting and processing DACA renewal applications and work authorization requests. USCIS is accepting but not processing first time applications for DACA. The government is currently prohibited by a court order from granting new DACA applications. What Benefits do You Get with DACA While DACA does grant some immigration benefits, DACA is not a green card and does not grant citizenship. A DACA recipient does get a social security card and a work authorization card and can also apply for a driver’s license. DACA also provides protection from deportation. Once approved, the deferred action under DACA lasts for two years but can be renewed. How do You Apply for DACA USCIS is currently accepting initial DACA applications but is not processing them. When and if the government will start processing new applications will be determined by ongoing litigation. They are still accepting and processing renewal applications. If you are eligible for DACA but have never applied, you may want to go ahead and submit your application so that it will already be in line if the government does start to process new applications again. Renewal applications should be submitted four to five months before your current DACA expires. Any renewal application submitted more than 12 months after your DACA has expired will be treated like a new initial application. To apply for DACA you will need to complete a Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and a Form I-765, Application for Employment Authorization Document. The total government filing fees are $580. The following types of documents will need to be submitted along with your application: A photo ID Proof of arrival in the U.S. before age 16 Proof of continuous residence since June 2007 Documentation about any time that you were out of the country Education records or certificates or proof of military status Records related to any previous immigration history Records from any criminal history For a DACA renewal application you will need to submit a Form I-821D and a Form I-765 along with a filing fee of $495. You should also provide documents for any changes in your criminal history or immigration status. Help With Your DACA Application If you have questions about whether you are eligible for DACA, need to file a DACA renewal application, or want to submit an initial application for DACA, give us a call. We would be happy to discuss your situation and talk to you about your options.

Immigration

How to Get an Immigration Bond

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HOW TO GET AN IMMIGRATION BOND As Louisiana immigation bond lawyers, we get a lot of calls from relatives wondering if their relative will be able to get an immigration bond. If you have a friend or family member who has been detained by immigration, you probably have questions about whether they can get a bond. There are currenly eight immigration detention centers in Louisiana. Whether someone who is detained in an immigration detention center in Louisiana can get an immigration bond will depend on at least the following factors: How long they have been in the US What type of immigration case they might have How they entered the US Their criminal history Whether they have previously been deported Their ties to the community Who Decides if Someone Gets an Immigration Bond When someone without status in the US gets picked up by immigration, one of the first people they will see is a deportation officer. Quite often this happens at a local jail after the person has been arrested on a criminal charge. This also applies to some noncitizens with status in the US depending on the type of crime they are charged with. The deportation officer will usually make a decision as to whether ICE is going to put a detainer on you that requires you to be sent to immigration custody once you are no longer being held on the state criminal charge. If the officer decides not to put a detainer on you, you will not need an immigration bond. You may still need to pay a bond on your state criminal charge. It is rare that a deportation officer decides not to put a detainer on someone who is in jail on a state criminal charge. If you’ve been arrested on a state criminal charge, you will be held in the local jail until you either pay your bond or finish your criminal case. After one of those two things happens, you will be transferred to an immigration detention facility. Once there, you will see another deportation officer. This officer has authority to give you a bond, release you on signature, release you on an ankle monitor, or to deny you a bond. If you are denied a bond, but you are eligible for a bond, you can request a bond redetermination by an immigration judge. How do I Request an Immigration Bond If you are eligible for a bond but the deportation officer did not give you one, you will have to request a custody redetermination with an immigration court. The request has to be made in writing. In practice, this is often done through a simple form the deportation officer givers you where you sign a line saying you have requested a custody redetermination. You will then be given a time and date to be brought to court and prove why you should get an immigration bond. This is where having a good immigration attorney can help. Your immigration attorney will know the factors that the court is going to consider when deciding whether to give you an immigration bond and can help prepare a packet of evidence to be submitted to the court on your behalf. Your immigration attorney can also work with your family to obtain documents and letters that might persuade an immigration judge to grant your request for a bond. Your lawyer will also be there at the hearing to speak on your behalf about why you should be given a bond. Since COVID, these hearings are often done by video. Who Cannot Get an Immigration Bond If you are detained at the border, you will be considered an “arriving alien” and will not be eligible for a bond. The deportation officer has authority to release you on something called “parole”, but they usually do not. They seem to be more likely to release women and minor children are almost always released. If you have previously been deported, you are not eligible for a bond. The deportation officer will instead reinstate the prior order of deportation. You may be eligible to apply for a type of immigration relief known as withholding of removal, but you will have to present your case while you are in immigration custody. If you have been convicted of an aggravated felony or certain drug crimes, you are not eligible for an immigration bond. See our post on inadmissibility due to a criminal conviction. An experienced immigration bond lawyer will be able to help you determine whether your loved one is eligible for a bond. How Much is an Immigration Bond The minimum immigration bond is $1,500. There is no limit on how high the bond can be. We usually see bonds in the range of $5,000 – $10,000. Keep in mind when the court sets a bond, the entire amount has to be paid in full with a money order or cashier’s check. So if the bond is $7,000, the full amount will have to be paid in order for the person to be released from immigration detention. How Do You Pay an Immigration Bond The immigration bond will have to be paid by either a US citizen or lawful permanent resident. The bond does not need to be paid at the facility where the person is located and can be paid at any bond office in the country. The government also recently started accepting bond payments online, but this may not be available in all cases. The person paying the bond will need an ID and proof of immigration status. He or she should be prepared to show a valid driver’s license and a US passport or permanent residency card. In addition, the person paying the bond will need to know the detainee’s alien registration number, birth date, and country of birth. How Do You Get Your Immigration Bond Money Back Once your immigration case is done, whether you win or lose, USCIS is supposed to refund the bond. The purpose

Immigration

Family Based Immigration Petitions

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Family Based Immigration Petitions One way to gain lawful permanent residency in the United States is through a family-based sponsorship. The U.S. immigration laws allow both United States citizens and permanent residents to sponsor certain immediate family members to work and live in the U.S legally. However, the eligibility for family-based sponsorships and requirements heavily depends on many factors that an experienced immigration attorney can assist with. Who Is Eligible For Family-Based Petition? In order to determine a family member’s eligibility for the petition, it is vital to determine the following two factors: The current legal status of the sponsor, whether they are a lawful permanent resident (green card holder) or a United States citizen; and The relationship of the foreign national to be petitioned to the sponsor. These two factors are essential because they would determine whether a family-based sponsorship is available to the case since the eligibility, timeline, and requirements of certain family members are different for a United States citizen sponsor from a Permanent Resident’s (green card holder). Which Family Members Of United States Citizens Are Eligible For A Family-Based Sponsorship? United States citizens can file for family-based sponsorship for permanent residency (green card) for the following relatives: Spouse; Unmarried children and under the age of 21; Children who are either married or aged 21 and above; Parents, if the U.S. citizen sponsor is aged 21 or over; and Sibling, if the U.S. citizen sponsor is aged 21 or over. A U.S. citizen’s spouse, parents, and unmarried children under the age of 21 are considered immediate relatives. Typically, visas are immediately available for these particular relatives, so a Form I-485 can be filed simultaneously that their Form I-130 is filed. However, other family members are classified under immigration law in preference categories. These categories’ visa allocation is subject to annual limits. The Preference Categories Are As Follows: First Preference: Unmarried children age 21 or older of U.S. citizens Second Preference: Unmarried children age 21 or older of permanent residents (green card holder) Third Preference: Married children of permanent residents (green card holder) Fourth Preference: Siblings of adult U.S. citizens Moreover, U.S. citizens may also file for a family-based sponsorship for a Fiance (Fiancee) visa (K-3/K4) for their foreign national fiance/fiancee and the fiance/fiancee’s children under the age of 21. What Is The Process For Petitioning Eligible Family Members Of A United States Citizen? In order to petition for an eligible family member for permanent residency (green card), the U.S. citizen sponsor must file Form I-130, Petition for Alien Relative, for each family member. If the foreign national relative is already in the United States and is considered immediate relative, Form I-130 can also be filed with an application for Permanent Residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status. However, those listed in one of the preference categories above are subject to the timeline and limits set by USCIS on when a visa will be available for them. However, if the foreign national relative is outside of the United States, then the petition will be sent to the National Visa Center (NVC) upon the petition’s approval. The NVC will then forward the petition to the U.S. consulate of the country where the sponsored relative is located. The relative will then be notified of the next steps to the process when a visa becomes available. Similar to the process above, immediate relatives of a U.S. citizen will likely have a visa readily available for them, but those listed in the preference categories are subject to waiting and availability set by the USCIS. Which Family Members Of Permanent Residents (Green Card Holders) Are Eligible For A Family-Based Petition? A United States permanent resident (or green card holder) may also file for family-based sponsorship for permanent residency (green card) for certain family members. Such relatives include: Spouse; Unmarried children under the age of 21; Unmarried children age 21 or older. Similar to U.S. citizens, spouses and unmarried children under the age of 21 of lawful permanent residents are classified as immediate relatives and subject to immediate visa availability. However, as discussed above, unmarried children age 21 and older of permanent residents are classified under Second Preference and are subject to annual limits. What Is The Process For Petitioning Eligible Family Members Of A Permanent Resident? To initiate the process for permanent residency for an eligible member of a lawful permanent resident (green card holder), the sponsor must file for Form I-130, Petition for Alien Relative. Upon the petition’s approval, the Department of State will then determine if an immigrant visa is available to the beneficiary. Immediate relatives are almost always available. If the immediate relative is already in the U.S, they may be able to file Form I-485 when they filed for Form I-130. However, relatives that fall under one of the preference categories listed above are subject to the timeline and visa availability set by the USCIS. However, if the applicant is located outside of the United States, then the petition will be referred to the NVC, who will then forward the petition to the U.S. Consulate where the foreign relative being sponsored is located. Similar to the process above, an immediate family member will likely have a visa available to them. In contrast, relatives under the preference categories are subject to the timeline and visa availability set by the USCIS. Are Same-Sex Spouses Eligible For Family-Based Sponsorship Yes A United States citizen and a lawful permanent resident (green card holders) in a same-sex marriage to a foreign national can file for permanent residency (green card) for their spouse under family-based sponsorship. If you seek to sponsor a family member for permanent residency through your legal immigration status in the United States, please call our office at (225) 963-9638, or you can click here to arrange to speak with an experienced immigration attorney about your case.

Immigration

Asylum Claims and Work Authorization

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Asylum Claims And Work Authorization The United States has an asylum program that grants protection to specific vulnerable foreign individuals who have faced or are facing persecution from their country of origin based on their race, nationality, political opinion, or membership in a particular social group. However, seeking asylum status in the United States is not a simple process. It is a complicated matter that can result in serious complications, including deportation. Therefore, representation and advice from an experienced lawyer are essential to ensure that your asylum application is done correctly to give you the best chance of winning. Who Qualifies As An Asylee In An Asylum Claim? Asylum status is a protection granted by the United States government to asylees, foreign nationals either already in the United States or seeking admission at a point of entry or border. To be considered an asylee, an individual must also have been persecuted or have a well-found fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion from their country of origin. What Is The Asylum Application Process? To determine the appropriate asylum process, it is crucial to determine whether an applicant is eligible for an affirmative or a defensive asylum process. There are two primary ways for an individual to apply for asylum in the United States: the affirmative asylum process and the defensive asylum process. An affirmative asylum process applies to an individual who is not in the removal proceeding. This applies to a person who initially used an asylum application with the USCIS or individuals whose application has been referred by the USCIS to the Executive Office for Immigration Review (EOIR). The affirmative asylum process includes the following steps: The applicant must be physically present in the United States. The applicant must file Form I-589, Application for Asylum and for Withholding of Removal with the USCIS no later than one year of your arrival in the United States. The applicant must attend their biometric (fingerprinting) services appointed upon receipt of the ASC Appointment Notice from the USCIS. The applicant must attend the Asylum Interview on the date listed on their Interview Notice. An applicant can attend this interview with their attorney, or an accredited representative, or, if needed, an interpreter. During the interview, the Asylum Officer will decide on the applicant’s eligibility whether they are eligible to apply for asylum, or if they meet the definition of a refugee as set by INA, or if they are barred from being granted asylum. The Supervisory Asylum Officer will then review the decision. Generally, the applicant will have to return to the asylum office to pick up the decision two weeks after their interview. However, the USCIS will mail their decision if they anticipate that their decision will not be ready within two weeks. In contrast, a defensive asylum process applies to individuals who are already facing removal proceedings before an immigration judge. These individuals are either determined by an asylum officer to have violated immigration laws or have tried to enter the United States without proper documentation but were found to have a credible fear of persecution if they return to their home country. Under the defensive asylum process, the applicant’s case only goes through the court system. Therefore, a representation of a qualified immigration lawyer is highly recommended. Can Asylum Applicants Stay In The United States While Their Application Is Pending? Yes. An asylee whose asylum application is being processed and pending the decision of the USCIS is allowed to stay in the United States. Are Asylum Applicants Permitted To Receive Work Authorization While Their Application Is Pending? Typically, an individual cannot apply for a permit to work, otherwise known as employment authorization (EAD), at the same time they file for asylum. Instead, an individual seeking asylum can file for an employment authorization one year after they filed for asylum. An individual may be eligible to file for EAD while their asylum application is pending if the applicant: Entered the United States on or before August 25, 2020; Filed for their asylum application on or before August 25, 2020, which is within one year from the date of their last arrival to the United States, or if the applicant is determined to be exempted from the one-year deadline by an asylum officer or immigration judge; or if the applicant is an unaccompanied alien child on the date the asylum application was filed; Made themselves available, and appeared on their interview with the USCIS asylum officer or hearing before an immigration judge; Appeared for their scheduled biometric services appointments for their asylum or EAD applications; Does not fit the rules set under 8 CFR 208.7(a)(1)(iii) to be ineligible for EAD. This rule states that certain criminal offenses or convictions render a pending asylum applicant ineligible for an EAD. Does not have any outstanding delay caused by the applicant related to their asylum application when they filed for their initial application for EAD; and The final decision has not yet been made on the applicant’s asylum application. Would An Applicant’s EAD Get Terminated If The Asylum Application Is Denied? Yes. The USCIS will automatically terminate an applicant’s EAD if the asylum application is denied. Can An Asylee Granted Asylum Bring Their Family To The United States? Yes. An individual granted asylum status may petition to bring their spouse and children to the United States by filing a Form I-730 Refugee/Asylee Relative Petition. However, this petition must be filed within two years of being granted asylum unless there is a proven humanitarian reason. Can An Asylee Granted Asylum File For Permanent Residency (Green Card)? Yes, an individual may apply for permanent residency (green card) after one year of being granted asylum by submitting a Form I-485 Application to Register Permanent Residence or Adjust Status. As you can tell from the information discussed above, obtaining asylum status is tedious and complicated. Therefore, having a competent immigration attorney to guide you through the process is beneficial

Immigration

Special Immigrant Juvenile Visas

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Special Immigrant Juvenile Visas Immigrant children brought to the United States are the most vulnerable demographic that needs assistance and protection from the law. The Special Immigrant Juvenile process is created to provide the security and justice that they deserve. Obtaining a Special Immigrant Juvenile status can give the at-risk child a chance to have a bright future in the United States. The Special Immigrant Juvenile process is time-sensitive yet highly beneficial for the at-risk child. It is a complicated process that involves numerous courts and paperwork. The assistance of an accomplished immigration lawyer can help an applicant navigate through the complex requirements for obtaining the Special Immigrant Juvenile status. What Is The Special Immigrant Juvenile (SIJ) Status? The Special Immigrant Juvenile is a visa status created by the United States to offer legal protection to children brought to the country either legally or illegally and who have been abused, neglected, abandoned, or mistreated while in the United States. This special status aims to protect these children from being sent back to the same dangerous environment they were living in. Who Is Eligible For The Special Immigrant Juvenile (SIJ) Status? To be eligible under the Special Immigrant Juvenile Status (SIJ), an applicant must meet the following criteria: Must be under 21 years old at the time of filing for the SIJ Petition. Must be living in the United States at the time of the filing of the SIJ Petition and at the time that USCIS renders their decision. Must be unmarried at the time of the filing of the SIJ Petition and at the time that USCIS issues their decision. Must be eligible for USCIS consent at the time USCIS makes its decision. Must have written permission from the Department of Health and Human Services (HHS) or the Office of Refugee Resettlement (ORR) to the court’s jurisdiction if at the time of the USCIS’ decision, the applicant is in the custody of HHS, and the juvenile court order changes the applicant’s custody status or placement. A valid state court order proves the applicant is either a dependent of the state agency or department; cannot be reunited with their parents due to neglect, abuse, or abandonment; and it is not in the child’s best interest to return to their country of origin. What Are The Steps To Obtain Special Immigrant Juvenile (SIJ) Classification Status? The steps to file for a Special Immigrant Juvenile (SIJ) Classification status are as follows: The applicant must fill out Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant Present evidence of their age, which must be submitted in a certified English translation, if needed. One of the following documents can show proof of age: Birth certificate; Passport; or Official identity documents issued by a foreign government. Present a valid juvenile state court order that states the required determinations and includes evidence of the factual basis for the court’s findings. If the applicant is in the U.S. Department of Health and Human Services (HHS) custody, they must provide written consent from the HHS; and a juvenile court order states changes to your custody or placement status. If a lawyer or an accredited representative represents the applicant, they must file a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. How Long Does It Take For The USCIS To Issue Their Decision On A Special Immigrant Juvenile (SIJ) Application? It typically takes the state court process six months to a year and 180 days for the USCIS to determine whether the applicant is granted a Special Immigrant Juvenile (SIJ) status. Can An Individual File For Lawful Permanent Residency (Green Card) After Being Granted A Special Immigrant Juvenile (SIJ)? Yes. An individual that has been granted a Special Immigrant Juvenile status can file for Lawful Permanent Residency (Green Card) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. What Are The Grounds For Inadmissibility To Obtain Lawful Permanent Residency (Green Card) For An Individual Granted A Special Immigration Juvenile (SIJ) Status? However, an applicant who is eligible for a Special Immigrant status based on the criteria listed above may still be rendered inadmissible to obtain lawful permanent residency if the applicant: Has a mental or physical disorder that makes them a risk to others or the property of others; Is a prostitute or a pimp; Is a drug abuser or addict; or Is a human trafficker. In this instance, a help of a seasoned attorney might be able to help and get an applicant’s inadmissibility waived based on their circumstances. Can An Individual File For Permanent Residency (Green Card) Before Being Granted A Special Immigrant Juvenile (SIJ)? Possibly. An applicant may be able to file their Form I-485 simultaneously as their Form I-360 application if an immigrant visa is immediately available. However, immigrant visas for SIJs are categorized under employment-based fourth preference (EB-4) for special immigrants. They are subject to waiting time depending on the priority date and visa availability processing time of the USCIS. The current schedule on immigrant visa availability can be accessed through the USCIS’ Visa Availability and Priority Dates chart. The requirements set for this special status are particular and time-sensitive. The help of an experienced lawyer is valuable to ensure that the child applicant receives proper guidance and representation to obtain an affirmative decision from the USCIS. If you need assistance in filing for a Special Immigrant Juvenile application and representation, give us a call (225) 963-9638, or you can go to our website at www.messerfirm.com.

Immigration

Will a Criminal Conviction Make me Inadmissible to the US?

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Will A Criminal Conviction Make Me Inadmissible To The US? To legally enter or remain in the United States you have to be inspected and admitted into the country at some point. Inspection occurs before an immigration officer and can take place at a consulate office abroad or at a port of entry. Admission occurs when you are legally admitted to the US at a port of entry. To be admitted you have to be admissible to the US and there are certain criminal convictions that can make you inadmissible. While criminal conduct in a foreign country can make you inadmissible, this article will focus on criminal convictions in the US. It might seem odd to talk about how criminal convictions obtained by people in the US can make them inadmissible to the US, but the reality is there are lots of people here who do not have status but who may have a chance to be admitted to the US either through an adjustment of status of returning to their home country and then processing through a local consulate office. In either situation, it’s important to know whether a past criminal conviction or a pending criminal charge will make you inadmissible to the US. Crimes Involving Moral Turpitude The first term you need to be aware of is a crime involving moral turpitude, also known as a CIMT. I would love to be able to tell you exactly which crimes are CIMTs and which are not, but the law does not give much clear guidance on that. Courts have stated that moral turpitude refers generally to conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. But there is still no list of what exactly falls into this category. To make matters more confusing, two people can be convicted of the same crime and one be inadmissible based on a CIMT and the other not. It depends on how the statute is worded, the elements of the offense the client was convicted of, and the minimum conduct necessary to commit it. To determine whether a conviction will be a CIMT you should consult with an experienced immigration attorney who will also likely need to see documents related to your conviction or pending charges. Drug Convictions Conviction of a crime involving a controlled substance can also make you inadmissible. Inside the City-wide property reassessments,if you are charged with a controlled substance offense there may be ways to resolve your case that do not make you inadmissible. It may be possible to get into a diversion program or negotiate a plea deal that involves a plea to an offense that does not make you inadmissible in exchange for the controlled substance offense being dismissed. If you have already been convicted of a drug charge, there may be ways to reopen your case. Because many aliens are often represented by attorneys that do not understand immigration law, you may be able to argue that you were not properly advised of the immigration consequences of pleading guilty to a charge and request a court to reopen your case. The effect of reopening your case will mean you have a pending charge instead of a conviction, and you are not inadmissible while the charge is pending. Exceptions There are some exceptions to grounds of inadmissibility. There is an exception if you were under 18 when you committed the crime and it has been more than five years since you completed any sentence from your conviction. In this case, you will not be inadmissible based on the conviction. You also will not be inadmissible if the maximum possible penalty for your crime does not exceed one year and the maximum sentence that you receive does not exceed six months in jail. It does not matter if you ever actually serve any time in jail and a suspended jail sentence still counts. If you have pending criminal charges, these are all exceptions that your attorney needs to be aware of during plea negotiations. Multiple Criminal Convictions Criminal convictions do not have to be CIMTs or controlled substance offenses to make you inadmissible. If you have two or more criminal convictions and have a total sentence of five years or more of incarceration, you are inadmissible. I’ve seen this most commonly with people convicted of drunk driving, also known as driving under the influence (DUI). In such cases, the accused can consult an experienced attorney form a defense law firm in Pierce County who will protect your rights and fight for you. In Louisiana, a third conviction of DUI carries a mandatory minimum sentence of five years. While a first or second conviction of DUI generally would not make a person inadmissible, because of the mandatory minimum sentence in Louisiana a third offense will make someone inadmissible. Waiver Of Inadmissibility A person who is not eligible to be admitted to the US because of a criminal conviction may be able to apply for a waiver of the grounds of inadmissibility. For either a conviction of a crime involving moral turpitude or multiple convictions with a sentence in excess of five years, you can apply for a waiver if it has been more than 15 years since you committed the conduct that makes you inadmissible. You can also apply for a waiver if you are the spouse, parent, or child of a US citizen or lawful permanent resident and you can show that refusing the waiver would result in an extreme hardship to your relative. You can also apply for a waiver if you are seeking lawful permanent resident status through the Violence Against Women Act, which despite its name does not just apply to women. Even under these circumstances there are some very serious criminal convictions that cannot be waived. Consult With An Experienced Attorney If you have pending criminal charges and are concerned about how they might impact

Immigration

What is an Affidavit of Support?

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What Is An Affidavit Of Support? US citizens and lawful permanent residents of the US have the right to petition for certain family members to be admitted to this country. They also have the right to petition for a future spouse to be admitted. This can also apply to a family member or fiancé who is already in the US in some cases. In all cases, a US citizen or permanent resident will need to fill out an I-864 Affidavit of Support accepting financial responsibility for the person coming to the US. The person who signs the affidavit of support becomes the sponsor of the immigrant once a green card is issued to the immigrant. The person signing the affidavit is usually the one filing the petition for the immigrant to come to the US but it can be someone else. The minimum income requirement to sponsor an immigrant is 125% of the federal poverty guidelines. The amount changes from year-to-year as the level is adjusted. The 2020 minimum annual income requirements for a household with two people is $21,550. That’s the amount one person has to make to sponsor another person to come to the US if there is no one else living in the house. The amount is $27,150 for a household with three people and $32,750 for a household with four people. So if a US citizen with two children from a previous marriage wanted to sponsor a new fiancé to come to the US, he or she would need to be able to show income of at least $32,750. The amounts above are for the lower 48 states and the income requirements for people in Alaska and Hawaii are 20% and 13% higher respectively. If the petitioner does not make enough money he or she can also submit a second affidavit from a joint sponsor. A joint sponsor is someone who is willing to accept legal responsibility for supporting the family member. A joint sponsor has to meet all of the same requirements but does not need to be related to the immigrant. If an affidavit from a joint sponsor is submitted, the joint sponsor’s income alone has must reach the 125% income requirement alone. The petitioner cannot combine his or her income with a joint sponsor to meet the income requirement. Each person who signs a sponsorship affidavit is agreeing to reimburse the government if the immigrant receives any means tested public benefit. Means-tested public benefits include Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families, and a State Child Health Insurance Program (SCHIP). Not all government financial assistance is considered a means-tested public benefit and examples of assistance that a sponsor would not be responsible for include benefits provided in a disaster or emergency, unemployment or worker’s compensation benefits, public school or school lunch programs, or benefits provided to pregnant women. The affidavit of support will be in affect until the sponsored immigrant becomes a US citizen or is credited with 40 quarters of “covered employment” as defined by the Social Security Administration. It typically takes at least five years of residence before a lawful permanent resident can apply to become a US citizen and at least ten years to reach 40 quarters of work. The sponsorship obligation is also terminated if the immigrant dies or is deported but is not terminated by divorce. If you have questions about petitioning for an immigrant relative to the come to the US, call our office today (225) 963-9638 to schedule a consultation. At Big River Trial Attorneys we’ve been helping immigrants for more than 15 years.

Immigration

An Overview of the Fiancé Visa Process

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An Overview Of The Fiancé Visa Process If the consular officer determines that the relationship is valid, the U.S. Department of State will issue the K-1 visa. Your future spouse then has six months to travel to the U.S. and once your spouse enters the U.S. you have 90 days to get married. Once married, your spouse can apply for lawful permanent resident status also known as getting a “green card.” If your future spouse has an unmarried child under 21, the child may also be eligible to come to the U.S. The child’s name has to be included on the I-129F. If approved, the child can travel with your future spouse or come to the U.S. later, but cannot come before your future spouse. If your spouse adjusts to lawful permanent resident status, the child will also be able to adjust. When your future spouse arrives to the U.S., he or she can request a work authorization good for up to 90 days. A second request for work authorization can be submitted with the application to adjust to lawful permanent resident status. The second work authorization is valid for one year but can be renewed. You generally need to have met your future spouse in person at least once within the two-year period before you petition him or her. The K-1 visa expires after 90 days and cannot be extended. The filing fee for the K-1 visa is $535. The filing fee to adjust to lawful permanent resident status is usually $1,225 and includes an $85 biometric fee. These are the fees paid to the government. The attorney fees will vary depending on the attorney you use and the facts of your case. If you have questions about the process for bringing a future spouse to the U.S. using the fiancé visa process, give us a call at (225) 963-9638 to schedule a consultation.

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