WHY
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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?
Is My Family Member Eligible For Immigration?
Russia’s invasion of the Ukraine has prompted our law office to discuss the options that may be open to Ukrainian refugees.
Here’s what you need to know.
If you were already in the United States or arrived prior to March 1, you have Temporary Protected Status. This means you can stay and work in the United States for 18 months.
While 18 months isn’t a very long time when you may be doubting whether you’ll ever see Ukraine again, TPS is quite useful. It can be extended, and it offers you a work permit. There is a chance you’ll be able to adjust your status later if you end up qualifying for one of the other green card programs.
If you missed the deadline to receive TPS then you may be able to apply for a Visitor’s Visa as a stopgap. This will give you six months, even though the US government knows there is little chance most of these refugees will ever return to Ukraine.
After you have the visa you may be able to apply for an extension, or you may be able to adjust your status and apply for other visa types. Once you or the family member you’re trying to help has been in the United States for long enough their circumstances may shift to allow them to seek other visa types. It also gets them temporarily safe, in a way that may simply allow them to apply for asylum.
USCIS has taken some steps and is offering some relief on a case-by case basis, including:
Title 42 is a policy that was invoked by Donald Trump when the Covid-19 crisis first hit. It is a statute in immigration law which allows the Surgeon General to block immigration from certain nations if the threat of communicable diseases carried from that country is too high.
The March 2020 interpretation allows U.S. Customs and Border Protection agents to immediately remove anyone who enters the country without authorization in order to prevent the spread of Covid-19. This meant many immigrants didn’t even receive formal deportation orders or a chance to defend themselves in court.
It does not appear to be impacting Ukrainian refugees at this time, even though it continues to impact many other immigrants from many other nations.
Many refugees are struggling. If you have the resources to do so, involving an immigration lawyer can make a big difference when you’re trying to get your Ukranian family members to safety.
Our office can help. Contact Hykel Law to schedule a consultation today.
See also:
7 Documents You’ll Need for Your Asylum Case
How to Help Your Parents Enter the United States Legally
Is My Family Member Eligible for Immigration?
Here in Philadelphia, there are some excellent employers, many of whom are happy to hire skilled immigrants. There are also a number of outstanding colleges and universities where students from around the world come to pursue their educations.
If you’ve grown to like it here, you may be wondering how you can get authorized to take your next step by finding a job right here in the United States after you finish your educational program.
Here’s what you need to know.
In order to be eligible for this adjustment of status you must:
Some employers who cannot meet the requirements must submit a Labor Condition Application, or LCA, to the Department of Labor so that they can comply with their requirements for posting the job before offering it to you.
Because there is an annual cap on H1-B visas you will want to start looking for a job and taking steps with an employer as early as possible, probably well before you graduate. The caps are 65,000 general H1-B visas and 20,000 visas for people with a masters, doctoral, or other higher degree.
You will need a copy of your college transcript, copies of all your previously issued I-20 forms, a copy of your resume, a copy of your Employment Authorization Document if you’re currently employed through Optional Practical Training (OPT), copies of your I-94 record, your passport, and your F-1 visa stamp.
Your employer will have to provide a great deal of documentation as well. They will also have to send an I-129 Petition for Nonimmigrant Worker form on your behalf. Note that your employer should be paying the filing fees.
It can take several months for your application to be approved unless you apply for premium processing. In addition, if there are any errors in your application or if you have failed to gather and send the appropriate evidence then there can be serious delays.
Working with an immigration attorney, coordinating with your employer, and starting early are all the best way to ensure that you have your best chance of making a successful conversion before you fall out of status in the United States. You may also need to file for a cap-gap extension if your F-1 status will expire while you’re waiting for approval on your I-129 petition; this is something an immigration lawyer can help you with.
If you’re looking for a local immigration attorney who will be happy to guide both you and your employer through every step of the process, call to get help. And if you want to explore other visa options that may be available to you, please reach out. The faster you explore your options and start working with an attorney, the more successful your immigration application is likely to be.
See also:
How Much Does an Immigration Lawyer Cost?
Is It Possible to Get a Work Visa Without a Sponsorship?
New Options for H-1B and L-1 Visa Holders
Asylum cases are not easy. While the harm you face in your home country may seem clear-cut to you, they aren’t always clear to courts who can and do deport asylum seekers. Even those with credible asylum claims. It’s especially difficult for those who speak rare languages.
Thanks to the Biden “Rocket Docket,” asylum-seeking families have less than one year to defend their right to stay in the United States. This is a dire issue when asylum claims can take years to resolve. The Biden administration also continues to use Title 42 to expel people seeking asylum on the grounds that they pose a public health risk.
Long before you receive your credible fear interview, you’ll have to submit an asylum application. Making sure that application is filled out correctly and contains all supporting documents is one way that you can help make your claim as strong as possible.
This document is extremely important. This is your first chance to tell your story. You’ll want to make it very clear why you are afraid to return to your country, using specific, accurate details.
If possible, you will need to link your persecution to being a member of a protected class such as being a member of a particular race, religion, sexual orientation, or some other group.
If you don’t have a passport, other ID documents will do. In general it’s not a bad idea to submit copies of several identifying documents such as your ID card or your birth certificate.
Membership cards, meeting minutes, a record of church service…there are multiple ways that you can prove your involvement with a group. Submit anything you can think of that your attorney agrees might be credible.
Any photographs or medical records can help here. If you have scars on your physical person your attorney can help you photograph and submit them. In some cases, it can be valuable to submit newspaper articles documenting conditions in your country.
Affidavits that corroborate your personal statement can be extremely valuable, especially if they come from government officials or members of the clergy.
You may need statements from doctors or psychologists to help back your claims. We ca help you get these meetings. In addition we can help you get a statement from someone who is familiar with conditions in your country.
You will need certified translations of any documents that are not currently in English.
Finding a lawyer is essential if your asylum claim is to be successful. Don’t try to go it alone. Reach out to Hykel Law to get help today.
See also:
Philadelphia’s Status as a Sanctuary City: What It Means
Who Can Appeal an Immigration Decision?
5 Steps to a Smoother Immigration Process
In 2021 the Biden administration resurrected the Immigrant Entrepreneur Program. This rule allows foreign entrepreneurs to stay in the United States for up to 5 years as long as they own at least 10% of a start-up and attract at least $250,000 from investors in the United States.
To qualify for this program, entrepreneurs must also show “reliable and compelling evidence” to merit approval. The idea is that the new company and the immigrant’s presence will create a “significant public benefit” for United States citizens.
This is different from the EB-5 Immigrant Investors program: the one that allows you to invest $1 million into a United States company or $500,000 into a targeted employment area in a new commercial enterprise in exchange for a green card.
Instead this program is administered under the International Entrepreneur Rule.
This program does not create a new visa class. Instead it relies on the Secretary of Homeland Security’s discretionary authority to grant parole in special circumstances, that is, temporary permission to be in the United States. Under this program, parole is also granted to spouses. Spouses may apply for work authorization, children cannot.
This could create a problem for some entrepreneurs later, and make it wiser to pursue immigration under a different category or program that provides them a little more stability. “Parole” can be taken away at any time. This happened during the Trump administration, which temporarily suspended the rule.
In fact, Forbes called the program a “dead end” without a road to a green card. However, it can be useful for students who have graduated from US colleges who can’t stay on their student visa but who want the chance to found and oversee the development of companies here in the United States. It’s also impossible to use an adjustment of status to change your visa class when you are operating under parole.
Note that USCIS handles applications for the IEP on a case-by-case basis. You’re unlikely to succeed without an attorney, and should meet with an attorney anyway just to find out if you can qualify for residency under any other program. This program is an option, but not necessarily your best one.
Have dreams of living, working, or staying in the United States? Reach out to Hykel Law to schedule a consultation today. We can help you find your best path forward.
See also:
How Much Money Do You Need to Immigrate to the United States?
Is It Possible to Get a Work Visa Without a Sponsorship?
Philadelphia has been a Sanctuary City since 2016. This means it’s one of the safest places in the world to be while you try to work out your immigration issues and find a legal pathway to lawful permanent residency.
Here’s what that means: there’s no collaboration between the Philadelphia Police Department and Customs Enforcement.
Local police officers don’t help ICE round up or arrest migrants. This may confuse you as ICE often wears plain jackets that say “Police” when making arrests, but they aren’t the Philadelphia PD.
They also won’t participate in “ICE Holds,” which were 48-hour holds of noncitizens who would have otherwise been released from police custody or jail. If ICE wants someone who is in the jail they must present a signed judicial warrant that will force the police to keep them.
However, living in a sanctuary city does not mean you are 100% safe. ICE still does pull people over, even during the Biden era. They still knock on doors and they still pursue people they wish to deport. They’ve been known to engage in racial profiling as well. They’ve even been known to stop people on the streets.
Nevertheless you do have rights.
Do not speak at all until your immigration lawyer is with you.
Knowing your rights does work both to prevent arrests and to help defend you against a deportation. Having a pre-chosen immigration attorney that you can call is a smart move as well.
If you or a loved one are facing deportation, contact Hykel Law today. Our experienced deportation defense firm can help, and we’re right here in a city who has welcomed immigrants from around the world.
See also:
What Are Your Options When You’re Undocumented?
What Are Your Rights if ICE Agents Are At Your Door?
If your immigration application has been denied you might not be done yet. In some cases there are ways to appeal the decision. Anyone who has received a denial letter may appeal an immigration decision if they move quickly enough.
In fact, when you receive your notice of denial it should contain information about where and how to file your appeal.
If you did not involve an immigration attorney in the process prior to receiving this notice it is time to do so now. Few people win an appeal without help from a qualified immigration lawyer.
There are always deadlines for filing an appeal. Most appeals will need to be filed within 30 days of the decision. Note that this does not mean “within 30 days of receiving the letter,” but within 30 days of the decision date printed on the letter. You will have to move fast!
If you have a revocation of the approval of a petition, you only have 15 days to appeal!
There are no extensions. If the decision is mailed to you then you get 3 extra days to account for the mailing period.
Once you have filed the appeal, it can take up to six months to receive a decision.
You start by filing one of three forms:
The right form will depend on your case. Your attorney may also submit a brief with your appeal, in which your attorney outlines specific errors of legal process or interpretation of the law that they believe were made during the decision-making process. In this case, your attorney may file a Motion to Reconsider or a Motion to Reopen instead of an appeal.
A Motion to Reopen asserts that new facts have come to light in regards to your case and that USCIS should review the decision based on the presence of these new facts.
The process starts with the initial USCIS agent or officer reviewing your case. The case may then be reopened or reconsidered, or forwarded to the AAO (Administrative Appeals Office) or the Board of Immigration Appeals if the officer determines that reopening or reconsidering your case is not warranted.
Keep in mind that an appeal does not stop removal proceedings and that additional steps may need to be taken to keep you in the United States while you are appealing USCIS’ decisions.
If you are facing an unfavorable decision from USCIS, reach out to the Law Office of Renee Hykel today.
See also:
3 Reasons USCIS Might Cancel Your Interview
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.