WHY
CHOOSE US
CHOOSE US
Every year, the Citizenship and Integration Grant program provides money to community programs designed to help people prepare for citizenship. In the past, the program has provided $10 million in grants.
Recently, DHS announced they would increase the funding to $20 million.
The program offers four types of grants.
This program funds nonprofits that offer citizenship instruction to immigrants. Each service is awarded up to $300,000 each for two years.
These programs include individualized programming to certain immigrant types:
The DHS will award three to six public or nonprofit organizations up to $300,000 each for a period of two years.
These programs fund regional or statewide citizenship support networks.
This program awards up to 10 grants of up to $1,000,000 each for a period of two years.
This is a new grant opportunity and is part of the DHS expansion. This grant is meant for organizations that “foster creative approaches to preparing immigrants for naturalization and encouraging the civic, linguistic, and cultural integration of immigrants into their communities.
This award will go to up to 25 organizations for up to $250,000 for a period of two years.
We help hundreds of immigrants become citizens every year here at our law practice. However, we recognize that you may need additional support. Some of these services also offer legal support, but these will be volunteer attorneys who might not have the time or attention to devote to your case. If you can afford to do so, it’s generally a better idea to secure your own legal help.
It can be a long road from your initial arrival in the United States to your ultimate goal of citizenship. Hykel Law is here to support you at every step of your journey. Reach out to get help today.
See also:
Philadelphia’s Status as a Sanctuary City: What It Means
Who Can Appeal an Immigration Decision?
3 Immigration Mistakes to Avoid
The MPP, or Migrant Protection Protocols, was a Trump-era policy that required migrants to “wait in Mexico” while applying for asylum in the United States. This forced asylum-seekers to weather violence and privation in dangerous border towns while their immigration cases crawled through the system.
When this policy was in effect, Homeland Security claimed they only had the options of forcing migrants to wait in Mexico or imprisoning them. They have since been reminded that parole exists and that immigrants could actually just wait in the United States, with temporary work authorization, for their asylum cases to be decided. The DHS has always had the power to parole applicants for urgent humanitarian reasons, or for significant public benefit.
The case was Biden et al v. Texas et al. The justices held that lower courts can’t issue injunctions to block federal immigration policy, stopping Texas and Missouri injunctions in their tracks. They also ruled that the Biden Administration did not violate the Immigration and Nationality Act when it issued an October 2021 order to terminate the Remain in Mexico policy.
This could be a bit of a double-edged sword as federal judges in other states often used injunctions to block highly inhuman Trump-era immigration policies. The ruling prevents states from dictating policy for the rest of the country, but does also remove a powerful tool for stopping unfair action.
Does this mean you or a loved one can cross the border after years of waiting in a border town? Conditions at the border remain chaotic and unfortunately the United States is not letting everybody in at once. Title 42 also continues to impact migrant chances.
If you have the means to do so, your best bet would be to consult with an immigration attorney who may be able to get parole, and your right to enter the United States, formalized and recognized before you attempt to enter the United States. This can smooth your loved one’s passage and ensure the best possible outcome.
Are you an asylum seeker? No matter where you’re from or where you’re currently located, Hykel Law can help. Reach out to our office to schedule a consultation today. We’ll do everything in our power to help you start your new life here in the United States of America.
See also:
Supreme Court Rules on Patel v. Garland
7 Documents You’ll Need for Your Asylum Case
Life changes. You might well come to the United States on a temporary visa only to decide that you’d like to adjust your status later.
Yet coming to the United States with “dual intent” can create legal complications. For the most part, when USCIS issues a temporary visa they do so on the grounds that you will eventually leave the country.
It can create something of a double bind, as you can’t misrepresent your reasons for coming into the country, but can face visa denial if you indicate that you might want to adjust your status later. Most of these visas also require you to provide proof that you don’t intend to remain in the country.
What is the solution?
A good example would be the F-1 student visa. Immigration knows that students often develop job or romantic opportunities after four years of study in the United States. They are generally open to an adjustment of status for a student who is completing their course of study and who has either gotten engaged or who has found an employer willing to sponsor them.
Certain temporary work visas are similar.
In general, you can safely seek dual intent with:
However, you should still speak to an immigration lawyer to ensure that your intentions are communicated in a way that is both honest and unlikely to trigger a denial.
To complete the adjustment of status you will need to fill out form I-485 with the help of an immigration attorney. You should expect immigration officers to examine whether you had a “preconceived intent” to adjust your status. The exception is the H-1B or L-1 visa, temporary workers in a specialty occupation or intra company transfers. K visas are another exception; this is the fiance visa and the implied intent is that your intent is to get married to a United States permanent resident or citizen.
Keep in mind that you do not necessarily need a dual intent visa to adjust status later. In addition, certain visas, like the visitor’s visa, are never eligible for an adjustment of status. You would need to return to your home country and seek a more permanent immigration path.
Speaking with an immigration lawyer is always going to be your best move. Don’t make any decisions or fill out any forms before calling us to schedule a consultation.
See also:
Steps for Getting a Student Visa in the United States
Can You Apply for a Green Card After an Overstay
Converting an F-1 Visa to an H-1B Visa
Want to study in the United States? You’ll need to secure a student visa.
There are three types of student visa. The first is the F-1 visa. This is the most common, the one that covers undergraduate and graduate students attending a college or a university in the United States. The vast majority of the visas we tend to help people with fall into this category.
The M-1 visa is for vocational or trade school study programs.
The J-1 visa is for temporary foreign exchange visas.
Each visa lasts as long as your program lasts.
The first step is not to apply for a visa, however, it’s to apply for the school. You must apply to any school accepted into the Student Exchange and Visitor Program. Here in Philadelphia there are 260 such schools, including the University of Pennsylvania. You can use this site to search for the others. You’ll find art colleges, religious schools, business schools, and trade schools on the list along with other colleges and universities.
Once you’re accepted, it’s a good idea to start talking with an immigration lawyer. After you pay the Student and Exchange Visitor Information System fee you’ll be asked to create your visa application. This is no simple form. Minor mistakes can delay your application and make it impossible to start classes at the beginning of your term. In addition, it will be important for you to provide the appropriate evidence. You don’t want USCIS coming back with an RFE, or request for evidence. Keep in mind you will have to demonstrate that you have the resources to meet your needs while you’re here in the United States.
You will also eventually have to attend a visa interview, and it’s always wise to have a lawyer present when you do. This keeps immigration officers from asking some of the more outrageous “gotcha” questions and gives you access to on-site advice. There are ways this interview can go wrong, especially if the officer has reason to believe you don’t intend to return to your home country after your approved term of study.
Start early; an F-1 or M-1 visa can be issued up to 6 months in advance of your study date and you can enter the United States 30 days before your program starts. Starting as early as possible gives you the maximum amount of time to ensure you can get to class when you need to, and to find housing.
Need help? Hoping to study in the United States? Contact us today.
See also:
Can You Apply For a Green Card After an Overstay?
Converting an F-1 Visa to an H-1B Visa
3 Immigration Mistakes to Avoid
Overstays are never a good idea if you are serious about seeking permanent residency in the United States. Nevertheless there are methods that immigration lawyers can use to make a green card application after an overstay.
These methods will not work in every case. They are only available to immediate relatives of US citizens who are otherwise eligible for sponsorship, after re-entry bars have been met, or in the limited circumstances in which a Waiver of Inadmissibility may apply.
There are also instances in which you may not have overstayed your visa at all. Your visa expiration date may come sooner than the end of your authorized stay. You should check your I-94 to determine the authorized length of your stay. Many of my clients have feared that they have overstayed only to find they still had time.
This exception does not cover every relative that might otherwise be eligible for an I-130 petition. Instead, it covers the parents, children, and spouses of US citizens. This applies to citizens only and not to the parents, children, and spouses of lawful permanent residents.
The form you’d have to fill out also changes for an overstay. You’d now use Form I-485 instead of form I-130.
If you wish to travel while waiting on your green card and you overstayed your visa you can still apply for Advance Parole. This will help you avoid re-entry bars, but you will absolutely need an attorney’s help before you do this. US immigration policy shifts very quickly. Travel should only be conducted at great need, as it can jeopardize your ability to apply for a green card later.
There are instances where you can overstay, return to your home country, wait out your re-entry bar, and then apply for a green card if you are eligible for any category of green card.
A re-entry bar can last three years or ten years. The number of days that you’ll be barred depends on the length of your unlawful stay. You’ll receive a three year bar if you accumulated six months to one year of unlawful presence; if you accumulated one year or more you’ll be barred for ten years.
This does not mean that you can stay three or four months past your date and be safe. Ideally you will accumulate zero days of unlawful presence if you want to become a legal permanent resident of the United States at any point.
A waiver of inadmissibility, or an I-601, is essentially a formal, legal request that the United States overlook your overstay. These are not easy to get. Your attorney will have to prove that a United States citizen or lawful permanent resident will experience “extreme hardship” if you are forced to leave or face re-entry bars.
In most cases these waivers are offered to the immigrant-parents of United States citizens, or to the children of elderly parents who may be heavily involved in their care. We can make good arguments for your ability to meet these requirements, but they must have some basis in fact.
See also:
What is an Affidavit of Support?
Philadelphia’s Status As a Sanctuary City: What it Means
How Does Immigration Litigation Work in Philadelphia?
A federal judge in Louisiana has blocked a Biden administration order to terminate Title 42. The judge claims the Biden administration failed to go through the required notice and comment process prior to terminating the policy.
Title 42 is a public emergency health order that got invoked at the beginning of the Covid 19 pandemic. It is part of the Public Service Health Act of 1944.
When the Director of the CDC determines that a communicable disease is plaguing another country the Director of the CDC has the authority, with presidential approval, to block people from that nation from coming into the United States for as long as health officials believe the action to be necessary. It was first invoked in 1929 to block Chinese and Filipino immigrants from entering the country during a meningitis outbreak in those two nations.
During the pandemic, the Trump Administration invoked Title 42 to seal the land borders with Canada and Mexico to block any migrants seeking asylum, in spite of the fact that there was little evidence that this move would help block the spread of Covid 19. While it has blocked Latinx and Haitian migrants, an exception was made for Ukranians fleeing the Russian invasion.
The order doesn’t just block entry. It can also be used to remove migrants. The Biden administration did tell immigration officials to exempt unaccompanied children from Title 42. These children are placed in a federal shelter or a state-run facility until they are reunited with a family member in the US or until they find a sponsor.
The restriction against lifting Title 42 will stay in place until a 24-state lawsuit led by Arizona, Louisiana, and Missouri is resolved in the courts. The lawsuit argued that the policy “needed to remain in order to avoid a wave of illegal migration and drug trafficking,” an argument which has nothing at all to do with disease control. It is an injunction, and not a full on block against terminating restrictions.
There is some hope in all of this. The Biden Administration recently launched a new policy to give migrants who wish to claim asylum expedited processing. Under the new policy passing your credible fear hearing would mean having the ability to make your asylum case directly to an asylum officer, which could mean a faster path to a green card for migrants who have particularly strong cases.
If you are worried about a loved one who is trapped in a Mexican border town due to Title 42 restrictions, reach out to our office to see what options may be available. Having an immigration lawyer on your side improves a person’s chances of success even when the current immigration climate turns moving into the United States into a difficult and dangerous process.
See also:
7 Documents You’ll Need For Your Asylum Case
What Is the Current Law on Claiming Asylum in the United States?
How Much Does an Immigration Lawyer Cost?
The Supreme Court has made a recent ruling on an immigration case. The gist of the ruling demonstrates that any immigrant must be extremely careful while filling out any public document.
In Patel v. Garland, Pankajkumar S. Patel was a citizen of India who entered the United States unlawfully in 1992. He was attempting to become a lawful permanent resident.
He lived in Georgia, where immigration status does not impact a person’s ability to get a driver’s license, and applied for a driver’s license. He checked the wrong box on the form and was accused of doing it on purpose. Mr. Patel says it was an honest mistake and checking the box wouldn’t have even impacted his ability to get a driver’s license one way or another.
He was charged with making a false statement. The charges were dropped but he, his wife, and his son were placed in removal proceedings.
The Supreme Court ruled that they have a “limited role to play” in determining whether or not an individual immigration decision can be overturned because this was not a legal or constitutional question. This means that certain factual findings cannot come up for review in deportation proceedings. The argument was essentially that federal courts lack jurisdiction in discretionary-relief proceedings.
Obviously this limits some removal defense options.
Until you are a lawful permanent resident or a United States Citizen all of your actions could come under scrutiny. It may not be fair that an honest mistake can create problems for you years later, but it’s the truth. In addition, those who first entered the United States illegally need to work very closely with an immigration lawyer to explore options for adjusting their status, because immigration officials are not always compassionate or understanding.
Sometimes problems like these can be caught and dealt with if an immigration attorney catches them or knows about them.
Not sure about your own status? Reach out to Hykel Law today. Our office can help you attain your best chance of remaining in the United States and managing issues that might arise. When even minor issues can become major, deportable issues, you can’t afford to manage your presence in the United States without an immigration attorney.
See also:
Philadelphia’s Status as a Sanctuary City: What It Means
How Does Immigration Litigation Work in Philadelphia
Who Can Appeal an Immigration Decision?
The Uniting for Ukraine program will allow 100,000 Ukrainian refugees to settle in the United States. The program is open only to those who are fleeing the war in Ukraine.
Here’s what you need to know about the program if you’re trying to help a loved one immigrate from the Ukraine to the United States, or you’re trying to immigrate yourself.
How does Uniting for Ukraine work?
This program will allow individuals and entities in the United States to apply to DHS to sponsor displaced Ukrainian citizens. Both the refugee and the sponsor will need to be eligible under our laws.
To sponsor someone you must take financial responsibility for them for ten years or until they have acquired a certain number of work credits. You must prove fiscal ability to do so.
The difference between sponsoring someone through Uniting for Ukraine and sponsoring them through other programs is that you don’t have to employ them and you don’t have to be related to them.
Meanwhile, the State Department will be making referral efforts in Europe through the Refugee Admissions Program. All refugees will need to arrive from overseas ports of entry, not Canada or Mexico, so they will most likely need to be matched to you or to your organization through this program. They will be looking for especially vulnerable individuals, such as women, children, elderly people, the disabled, MOGAI individuals, and stateless individuals.
What if you or your loved one is not eligible for the program?
There are other programs that can help Ukrainians enter or stay in the United States. For example, anyone who has come into the country since April 11, 2022 is covered by the Temporary Protected Status program for a period of eighteen months.
Under TPS, you gain some time to find your way into a status that might allow you to stay longer. You are also allowed to apply for employment and for driver’s licenses. Meeting with an immigration lawyer will need to be a top priority if you do intend to stay.
There is also the Humanitarian Parole program. This is a program which allows someone who would normally be ineligible for admission to the United States to do so because the courts have determined that they are dealing with a compelling emergency. A war would certainly qualifying, and quite a few Ukrainians are benefiting from this program right now.
If you’re not sure what to do, where to apply, or what you need to apply, reach out to our offices. We can help you or a loved one find the easiest, fastest, and most appropriate pathway for remaining in the United States.
See also:
What is an Affidavit of Support?
Can Ukrainian Refugees Come to the United States?
7 Documents You’ll Need for Your Asylum Case
An affidavit of support is filed by anyone who wants to sponsor an immigrant. They apply both to employment-based sponsorships and family sponsorships.
The form used is Form I-864, the Affidavit of Support.
The affidavit of support shows our government that the immigrant you are trying to sponsor into the United States will not become a public charge. The sponsor’s application is scrutinized almost as closely as the immigrant’s is.
Once you fill out the Affidavit you are essentially making a contract with the United States government that says you will pay for that person’s food, shelter, water, clothing, medical care, and other needs until they become a US citizen, have received 40 quarters of coverage, departs the United States, or dies.
The I-864 is prepared and submitted with your I-130 or form I-140. You must include proof that you meet all the requirements, including proof of resources.
You can be a sponsor if you are a United States Citizen or permanent resident who is 18 years old or older. Your income must be more than 125% of the federal poverty line. You also need to prove that you live in the United States.
If you are in the armed forces there are some modifications to your requirements. There are also times when you can add the income of other members of your household, obtain a joint sponsor, or use assets to meet the requirements.
Some immigrants do not require an affidavit of support.
As you can see even determining whether you need an Affidavit of Support is extremely complicated. The form is more complex still.
Don’t try to sponsor an immigrant alone. Even small mistakes on the Affidavit could end the immigrants chance at achieving lawful permanent residence status. Instead, reach out to Hykel Law to ensure that the entire application package is correct the first time, and that you have submitted sufficient evidence to make the entire process run smoothly.
See also:
What is Conditional Permanent Residence?
We look forward to helping you with your immigration case. We have the experience, knowledge and staff to handle your matter swiftly. Reach out today to discuss your needs for representation.