WHY
CHOOSE US
CHOOSE US
The Supreme Court will rule on DACA in their next term, which begins in October 2019 and runs until June of 2020. There, they will decide whether to back the 3 federal judges who have already ruled the Trump Administration’s efforts to end the program are unconstitutional.
The Trump administration argues Obama exceeded the powers granted to him by the constitution by bypassing to create DACA in the first place. The majority of the judges on the Supreme Court are conservative, which may give the Trump administration an edge.
For a look at a 2016 Supreme Court case which may get cited in the upcoming decision, read this post.
It is uncertain what laws may pass in DACA’s place if it ends, or what will happen to people who are currently under DACA’s protection. Even if no deportations take place, the end of the protection would still mean, for most Dreamers, an inability to get a driver’s license, an inability to work legally, and an inability to attend college.
The Center for American Progress estimates the ruling could have an immediate impact on 700,000 individuals.
But that does not mean Dreamers are without recourse. If you’re a Dreamer you may qualify for a number of other immigration statuses, some of which could even provide a path to citizenship DACA currently lacks.
See also: As Legal Battles Rage, Pennsylvania Residents Remains Friendly to DACA Recipients.
The Immigrant Resource Legal Center estimates 15% of current DACA recipients could take advantage of other statuses.
The first strategy would be permanent residence through a family member. This includes the “Parole in Place” program offered to the family members of active duty members of the U.S. Armed Forces or veterans. The latter offers a legal pathway to adjust your status.
If you are a victim of a crime you may qualify for a U visa. You would qualify if you meet four criteria, but be careful: there is a lot of wriggle room in the language. You will need an immigration lawyer’s help to make your case. Simply being the victim of a crime is not enough.
See also: Military Service No Longer An Easy Path to Citizenship.
The Violence Against Women Act offers provisions to immigrants who have been abused by U.S. citizens. It offers an expedited path to legal residency.
If you are a victim of human trafficking you could be eligible for a T visa. This visa lets you remain in the United States to assist in the investigation and prosecution of traffickers. This visa also allows you to remain in the United States if you are a minor who was trafficked, regardless of your ability or willingness to help law enforcement. This visa is valid for 3 years, and grants the ability to apply for permanent residency after the three year period.
The Special Immigrant Juveniles status offers protection if you’ve been abused, neglected, or abandoned by a parent.
Immigrants who have or can seek asylum status may also apply for permanent residence within one year of being admitted to the United States.
See also: What is the Current Law on Claiming Asylum in the United States?
It may seem like most of the pathways to residency mostly require you to have suffered grave distress. But there is one more pathway to residency, one that might be a logical step for Dreamers who are already employed. An employer, or even a prospective employer who has issued a job offer, may sponsor you. However, as with other immigration categories, you must meet certain criteria. Simply having an employer is not enough.
It goes without saying that each of these forms of recourse are difficult to obtain without the help of a skilled immigration attorney. Don’t take chances and don’t wait for DACA to be decided. Start investigating your options now, before time runs out.
If you’re trying to sponsor someone for a green card, there are a few things you should know. Otherwise, you could be in for some nasty surprises later.
First, recognize you can only sponsor immediate relatives, your husband or wife, or your fiancé. Employers can sponsor people for a green card too, but that’s a different post.
Second, recognize green card awards aren’t automatic. You’ll have to apply. And as the sponsor, you’ll have to meet certain requirements.
To be a sponsor you must be willing to warrant via affidavit that you are capable of supporting whomever you’re trying to sponsor. The government wants to ensure the recipient won’t have to use any public assistance.
A lot of people get tripped up here when they try to bring elderly parents over from other countries. They don’t realize their parents won’t have access to Medicare like elderly Americans do.
Make sure you can afford to buy private health insurance for your family members. Otherwise you could be one financial disaster away from ruin.
The government is more skeptical of marriages than you might believe. Don’t ever fake a marriage just to help someone stay in the country.
There are dozens of ways UCSIS can check for a fraudulent marriage. They’ll be asking if your fiancé has met your parents, and if you’ve met his or hers. They might produce a request for evidence that shows other elements of a bonafide marriage.
See also: 5 Things Same-Sex Couples Should Know About Immigration.
Make sure you fill out the applications completely, to the best of your ability. Don’t “forget” to add things you think might work against you.
Have you heard “the cover-up is worse than the crime?” That’s true with UCSIS too. The temptation is easy to understand in this tough immigration climate, but you’re just setting yourself up for legal problems later.
See also: What You Need to Know About “Good Moral Character” In Your Immigration Case.
Whether you’re seeking a green card for yourself or someone else, it pays to have an experienced immigration lawyer on your side. Contact Hykel Law today.
With our office’s help, you will find the entire immigration process easier, and will be able to navigate around the pitfalls that keep so many people from success.
One of the things you’ll have to prove if you want to become a US citizen is that you have “good moral character,” (GMC) usually for at least a 5-year period immediately preceding your naturalization application. You must continue to show GMC up until you take the Oath of Allegiance.
If your application is denied on the basis of GMC a good immigration attorney can challenge the ruling. But it’s better not to run afoul of GMC issues at all. Here’s what you need to know.
It isn’t at all restricted to the above-mentioned 5-year period. Sometimes that’s as far as USCIS will look, but not always.
For example, in its policy documents about GMC, USCIS mentions they want court disposition documents for any arrest that occurred on or after November 29, 1990 that might have been an aggravated felony. And that they want the information whether you were convicted of any crime or not.
See also: How to Become a U.S. Citizen.
Sometimes you may need to ask for a FBI background check or a clearance letter from locations you’ve lived in during the past five years. Proving you lack any criminal record paves the way to proving GMC.
If you’ve been arrested in the past or have some sort of a spotty record you may still be able to prove GMC. Presenting proof of positive community involvement, bringing in character witnesses, bringing charitable contribution receipts, or showing awards that would tend to indicate good moral character can be really helpful.
Keep in mind there’s no statutory definition that can show whether you do have GMC. There are statutes which can help to show whether you don’t.
Permanent bars to GMC include:
Read the full list of aggravated felonies here. Keep in mind some things which may seem minor, like failure to appear in court, are on the list.
Marijuana is now completely legal in some states, and is legal under limited circumstances in others. As of right now, Pennsylvania law provides access to medical marijuana, but not recreational marijuana.
But USCIS says that working in the cannabis industry, possessing marijuana, and smoking marijuana is a bar to good moral character. Even if it’s being used for medical purposes.
While this policy could change as attitudes and laws do, marijuana is currently still illegal at the federal level. Best to steer clear of it and any other controlled substance while navigating the immigration process.
Since “good moral character” is so fuzzy there’s legal wriggle room to challenge a ruling which says that you lack it. But you’re not going to be able to fight this on your own.
If you’re having trouble navigating the naturalization process due to GMC concerns, or for any other reason, contact Hykel Law today.
It would be nice if things were different, but in general being a member of a same-sex couple means being saddled with worries and complications traditional married couples just don’t face. On this issue, there is both some good news and some bad news.
Legal or not, if you’re an immigrant who has ever been convicted of a crime, you need to pay close attention to the Supreme Court’s recent ruling on immigration enforcement.
Last week, the Supreme Court ruled on Nielsen v. Preap. And it ensures any conviction, even the most minor misdemeanor you can think of, puts immigrants in danger.
The issue at hand was whether the US government could use a criminal conviction to detain immigrants for deportation even long after their prison sentences are served.
Under existing law, immigration officials were to detain the immigrant after he or she served his or her prison time. Because the immigrant was a convicted criminal they could be held without bail, and because deportation is a civil matter, they could be held indefinitely. Going after an immigrant months, or even years, later, wasn’t the norm.
Now, the Supreme Court is essentially handing ICE the ability to hang possible detention over a convicted immigrant’s head until the day he or she dies. No amount of time is too much. 15 years? 20 years? 30? All of the above. And more.
See also: A Wall Built on Policy: How Immigration Policy Changed in 2018.
One of the plaintiffs in this case was Eduardo Vega Padilla. He arrived here as a child and has been a lawful resident of the United States for over 50 years. He’s had children here. And grandchildren. All of the grandchildren are citizens of the United States.
He hasn’t had a repeat offense of the minor drug charges he was convicted of in 1997 and 1999, Twenty years ago and twenty-three years ago, respectively. There was a probation violation. He’d served all his time by 2002.
ICE sat on their right to detain for over 15 years before showing up at his home to arrest him in 2013.
Why would they want to wait so long? Why would they go after someone who has had years to become a productive part of society, or a community? It could be that it’s just an easy way to keep arrest numbers high. More arrests means more funding. It could also be driven by the politics which have brought anti-immigration sentiments to a fever pitch across the nation.
Whatever it is, it’s bad news.
See also: The Basics of Illegal Immigration.
If you are an immigrant who has committed a crime, you need to be on your guard no matter how long ago that crime was. And you need to be prepared.
ICE can detain an immigrant indefinitely, but people with legal counsel tend to fare far better in deportation hearings, and may spend less time waiting on their hearings because they have a strong voice advocating for them.
Be sure to gather all the proof that you’re a legal immigrant if you are, and keep it in a safe place your attorney can get to. You might well need it later.
Remember, Hykel Law is here to help.
An immigration lawyer in Philadelphia is accustom to fielding difficult calls and questions. We are experienced in family separations, detention and deportation cases, complicated asylum matters, and even complex visa applications. However, one question that is growing more frustrating for immigration lawyers across the United States, “why is my case taking so long?”
Recent reports from news outlets, ranging from Forbes to MSNBC have shown a substantial increase in the backlog of immigration cases across the country – and we realize this is impacting every type of case and circumstance. It is important for an immigration lawyer to address the reason for these delays and how our team at Hykel Law can be of assistance to individuals involved in a tough immigration case.
Statistics released by the American Immigration Lawyers Association (AILA) show that the processing time for immigration applications has slowed significantly. Individuals, especially people who aren’t working with an immigration lawyer in Philadelphia or elsewhere, might have their wait for processing by the U.S. Citizenship and Immigration Services (USCIS) be 46% longer.
The exact wait time can vary by type of application, level of complexity of the case, and whether it is an application for permanent residency, naturalization, an employment visa, or other visa schemes. However, the waits for a USCIS case are noticeable across the board. For example, individuals who are applying for an H-1B, which should be a straightforward process when there is clear documentation from an employer, are still having difficulty going through USCIS in a timely manner.
The processing time for immigration applications and individuals trying to claim asylum is even longer. Over the past few months, an immigration lawyer in Philadelphia has watched the wait time for entering through the southern border grow longer and longer. Many points of entry to the United States are not maintaining a list of individuals waiting for an opportunity to approach the border. The New York Times recently reported in their “The Daily” podcast that people are waiting for months just to hear their name called from this list.
There are several underlying for the delays in immigration cases and applications. First, there are policy changes that have a substantial impact on how and when immigration cases are heard by the USCIS. Even if the official procedure doesn’t change in these courts, the distribution of judicial and executive resources can impact the timing of cases. Everything from scheduling a hearing to arranging an interview at a local consulate could be impacted by policy decisions.
This is why your immigration lawyer in Philadelphia could be an asset. It is necessary to fully understand the procedures of an immigration court and review process by USCIS. Given the delays, a mistake in your work visa application or missing a deadline could push your immigration case to the end of a long list.
Second, the government shutdown in December and January increased the delays in immigration courts and for processing times by USCIS. The federal agencies and departments that handle immigration cases had certain employees furloughed and funds restricted for 35 days. Even where immigration cases were heard, operations weren’t at full capacity. While the partial government shutdown is now over, the impact on immigration matters across the United States is far more extensive.
An immigration lawyer in Philadephia is going to fight for your case. Whether you are experiencing a long wait for your employment visa or concerned over the evidence of your asylum request, an immigration lawyer has the knowledge of processes and procedures to assist with your case. And know, we are fighting for you.
Immigration lawyers throughout the United States have watched processing times increase and information become harder to obtain. In response, we’ve become more forceful advocates for our clients. If you need an immigration lawyer in Philadelphia with the passion and commitment to overcome longer delays in the immigration process, you need Hykel Law.
We handle a wide variety of immigration issues and cases, including immigration waivers, DACA cases, work visas, and asylum. You can reach our team at Hykel Law by calling our office at (215) 246-9400.
At the end of 2018, we had several high-profile news stories break around immigration law in the United States. While several of these stories, from the border wall to expected changes to visa schemes in 2019, highlighted the complexities of current immigration policy, one story stood out from the rest – the status of asylum. Claiming asylum has been an important part of U.S. immigration policy since it’s modern inception in the Refugee Act of 1980, but rarely has the acceptance and policy around asylum been debated this extensively.
As we move into 2019, it is crucial to understand the current law on claiming asylum in the United States, and what could change in the months to come. It is also important to associate these particular immigration laws with events happening on the United States’ southern border. Read on to learn more from our top-rated immigration team in Philadelphia.
The United States has always welcomed immigrants and refugees from around the world. At certain periods in history, we’ve done this better and more effectively than others, but in many ways claiming asylum is part of the national DNA. As far back as 1951, the United States began entering treaties and international agreements that committed the country to accept refugees from various place and circumstances.
Then in 1980, the process of claiming asylum in the United States became an explicit part of federal law. The Refugee Act of 1980, as an amendment to the Immigration and Nationality Act, gave the Attorney General of the United States the power to grant an individual asylum when that person is unable or unwilling to return to his or her home country because of persecution or feared persecution.
However, not all persecution is included in the definition of “refugee” under this 1980 law. It must be persecution on the basis of, “race, religion, nationality, membership in a particular social group, or political opinion.” This remains the definition of refugee status in the United States, but the level of scrutiny applied to an asylum claim has changed drastically.
There are several procedures important to claiming asylum today, in a future blog post we will dive further into what these standards mean and how an immigration lawyer in Philadelphia can help someone claiming asylum. Here, we will focus on the law and more specifically on claiming asylum at the U.S. border or as an undocumented immigrant in the United States.
If an asylum seeker doesn’t have permission to be in the United States, such as a visitor visa or student visa, then the first step is approaching a U.S. immigration agent or Customs and Border Protection officer. Upon claiming asylum, the agent or officer should allow the asylum seeker to start the screening process for asylum. The initial standard for these asylum seekers is the credible fear test.
The individual claiming asylum must demonstrate a credible fear of persecution (or torture) upon returning to his or her home country. Credible fear is assessed in a one-hour interview with the asylum seeker. The standard is defined as a “significant possibility” that, if the asylum seeker’s statements were true, he or she would receive asylum in the United States. Passing this test is not a grant of asylum and it is a much lower bar than the test for eventually receiving asylum.
A bad outcome from a credible fear interview usually results in detainment and deportation. Sadly, there are few opportunities for an asylum seeker to navigate other options or avenues. The expediency of the process, particularly in today’s immigration climate, shows the importance of involving an immigration lawyer early on in your case.
A favorable outcome from a credible fear interview means the asylum seeker’s case becomes part of removal proceedings in an immigration court. A full hearing is conducted and both the government and asylum seeker are expected to present evidence on why asylum is appropriate or not. It can take years for this hearing to occur and the individual claiming asylum is permitted to stay in the United States in the meantime.
The number of asylum seekers refused asylum in the United States is growing. Former Attorney General, Jeff Sessions, even claimed that 80% of all asylum cases aren’t fit for approval. It is true that in 2017, only 20% of the asylum applications submitted, by undocumented individuals in the country and individuals abroad, were approved. Although, it isn’t clear that the remaining 80% were denied on the merits of the asylum seeker’s case.
The attributes of a typical asylum seeker in the United States has changed greatly in the past 10 years. Today, a large number of individuals claiming asylum are coming from Central America and a substantial number of them are women, children, and families. These asylum seekers are traveling thousands of miles to claim asylum at the border, but are now finding a long wait just to make their claim.
Migrants are waiting months, sometimes even longer, on the Mexican side of the border to make their claim for asylum. There is a long list of individuals hoping each and every day to hear their name called just for the opportunity to reach a U.S. border officer or reach the United States at an official point of entry. These long waits don’t include the process of a credible fear interview or asylum case, and the individuals still waiting aren’t counted in the 80% that have their asylum claims denied.
At Hykel Law, we regularly work with individuals wanting citizenship in the United States, people that need a work visa or temporary visitor visas, and people claiming asylum. If you or a loved one needs more information on asylum and the assistance of an immigration lawyer, contact us at (215) 246-9400.
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.