WHY
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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.
The United States Supreme Court has agreed to decide whether President Obama’s DAPA and Extended DACA Programs will go forward. DAPA (Deferred Action for Parental Accountability) and DACA (Deferred Action for Childhood Arrivals) are program for persons who have resided in the United States for five (5) years and currently do not have a lawful immigration status, but who the government does not want to deport. President Obama announced these programs in November of 2014 and they were meant to begin in 2015, but a 26 States filed a lawsuit in District Court seeking an injunction to stop the programs. A federal court judge granted the injunction and the Court of Appeals for the Fifth Circuit upheld the ruling, which prompted the Obama Administration to seek review in by the highest court of the land.
The Supreme Court will hear the case and a decision will be rendered by June of 2016. This means that eligible persons will have a chance to apply for deferred action before the President leaves office. The following undocumented persons will be eligible for deferred action, a social security number and driver’s license:
Expanded DACA:
DAPA:
Call Hykel Law today to find out if you may be eligible for DAPA or Extended DACA: 215 246-9400.
On November 20, 2014, President Obama announced a series of immigration reform plans to be implemented in 2015. This plan came after Congress failed to pass a comprehensive immigration reform bill, despite its passage through the Senate. The President’s new plan has three objectives:
1) Crack down on illegal immigration at the border;
2) Deport felons – not families; and
3) Accountability for persons residing in the United States with US citizen or lawful permanent resident children through payment of taxes and background checks.
The President’s plan has two components – 1) deporting criminals and – 2) reforming existing programs to provide accountability, tax revenues and efficiency for persons who have long awaited lawful status and citizenship.
Immigration reform is needed to strengthen our society and our financial well -being. Something all Americans need to understand is that we cannot afford to deport 11 million people currently living in the United States without lawful status. AnImmigration reform update is needed for financial reasons as well as humanitarian reasons. Implementation of the President’s plan is predicted by a conservative think tank to reduce the deficit by 2.5 trillion dollars, strengthen the GDP and stimulate the economy.
Many people who do not have lawful immigration status come to our country to flee unstable, dangerous places and pursue a better life for their families. They have U.S. citizen children, they enrich our communities with an exceptional work ethic and strong family values. These people have no criminal infractions and often have been victims of crimes themselves.
Deporting Criminals, Not Families
Immigration and Customs Enforcement (“ICE”) has long exercised discretion as to who it should focus time and resources on deporting. This means that if ICE is aware of a convicted felon who lacks status and a mother of three US Citizen children who has no arrests, it will use resources to deport the convicted felon before it may ever contact the mother.
This is referred to as the exercise of prosecutorial discretion (“PD”). PD has been going on for decades as ICE has long recognized that resources are limited.
Contrary to what many think, President Obama has deported more people than any President in American history as can be seen by Pew Research here.
President Obama’s immigration reform detailed three types of people that are enforcement priorities, recorded here.
Here is a brief summary of the immigration plan:
strong>Priority 1 High Level Criminals
Priority 2 Lower Level Criminals and Illegal Entrants
Priority 3 Foreign Nationals with Final Orders for Deportation
The President has prioritized criminals for deportation from the United States by directing ICE to remove such persons. Hard-working, law abiding families are not prioritized by Obama on immigration reform plans.
Reforming Existing Programs
President Obama has made provisions for other existing programs and published detailed guidelines outlining the new program available here:
1) Deferred Action for Childhood Arrivals (DACA) will now include people who have been living in the United States as of January 1, 2010, before reaching the age of 16, and will no longer have an upper age restriction of 31 years of age. Additionally, DACA recipients will get work authorization for a period of three (3) years, not two (2) years. This program is currently subject to a temporary restraining order issued by a Texas District Court Judge. The Obama Administration appealed the order to the Fifth Circuit. Until a decision is made, the program is on hold.
2) Deferred Action for Parental Accountability (DAPA) is a new program that will allow persons who were parents of U.S. citizens or Lawful Permanent Residents (green card holders) as of 11/20/2014 who have resided continuously in the United States since January 1, 2010 and have not committed certain criminal offenses to obtain employment authorization. This too is on hold pending the Fifth Circuit’s decision.
3) Provisional Waivers of Unlawful Presence will now be available for undocumented persons who have lived in the United States for at least 180 days who are the sons and daughters of U.S. citizens or the spouses, sons or daughters of Lawful Permanent Residents (green card holders). This means that persons can ask for a waiver of unlawful presence from the United States without going abroad and waiting for a consular post to adjudicate the waiver request for several months outside the country.
4) Pre-registration for foreign nationals who have approved I-140 Petitions and are waiting for a visa number to file for adjustment of status (green card). This will be a huge benefit for persons who have an approved visa petition but cannot file for Employment Authorization (“EAD”) due to the waiting line for visas. The persons will be able to apply for a travel document and EAD.
5) H-4 Employment Authorization will become available for certain spouses of H1-B employees who have an approved visa petition but cannot file for adjustment of status because they are waiting for a visa to become available.
6) U.S. Citizenship Application Fees may be able to be paid with a credit card to encourage individuals to apply for U.S. citizenship.
The President’s Executive Action is estimated to provide relief to 5 million people.
The latest immigration reform news available from USCIS can be viewed here.
Criminal Background Checks and Taxes
In order to qualify for DACA, or DAPA persons must first pass a background check. If it is discovered that the applicant committed certain crimes, he/she will not be granted DAPA and will likely be referred to deportation proceedings before an Immigration Judge. Additionally, DACA and DAPA recipients will be required to pay taxes. In reality, these individuals are likely already working, but Uncle Sam receives no revenue from them. We will all benefit from the latest on immigration reform.
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.