9th Circuit Ct. of Appeals Refuses to Reinstate Trump’s Travel Ban

Tuesday, February 21, 2017 | Last Updated: February 10, 2017
by admin

Dear Friends,

Today is a historic moment. The 9th Circuit Ct. of Appeals, the first Appellate court to make a ruling on Trump’s Travel Ban, refuses to reinstate Trump’s Travel Ban.

Read about the ruling here.

The Travel Ban has harmed many immigrants, green card holders and even citizens. Individuals who were U.S. citizens and green card holders were rejected from entering the country based on religious discrimination.

The Travel Ban is only one of many immigration proposed executive orders that affect immigration policy which also affects employers and H1B filings.

This is a victory not only for immigrants but for our democracy because it demonstrates that there are checks and balances that prevent our nation from becoming a dictatorship.

If you have immigration questions contact our office at 916-613-3553. We are here fighting for you through the American Immigration Lawyer’s Association (AILA) and the cases that we file for our clients.

Best,

Kaushik Ranchod, Esq.

Managing Attorney

| Comments

5 Mistakes to Avoid at Your Marriage Green Card Interview

Tuesday, February 21, 2017 | Last Updated: January 28, 2017
by admin

Going through the green card process can be very stressful from the beginning: collecting documents, filing your application, appearing for a biometrics appointment, and then waiting for up to six months to appear at an interview.

Once applicants receive their notice to appear they tend to become even more stressed. The uncertainty of what will take place at the interview, what kind of questions they will be asked, and all the “what if’s” begin to cause even more stress. Having represented many clients at their USCIS interview, I have compiled a list of the top 5 mistakes you should avoid making at your interview:

 

  1. Do not be unprepared.
    Your interview notice will list the items you must bring to your interview. Read your notice carefully and gather each item you are requested to bring. Even if you have already submitted a copy of most items listed, you must bring your originals, such as:

    • work authorization document
    • passport and visa
    • birth certificates
    • marriage certificate
    • certified divorce decree
    • certified criminal records

    If your adjustment of status is based on marriage, bring updated joint documents such as:

    • utility bills
    • bank statements
    • lease agreements

    Your documents should be well organized and labeled so you can retrieve them easily for the interviewing officer.

     

  2. Do not volunteer information.
    During the interview, you should only answer the questions you are asked and you should only provide those documents you are asked for. Volunteering information and documents can cause the interviewing officer to pry into unnecessary information that may be prejudicial to your case. For example, providing the officer with full bank statements will allow the officer to see where you have spent money and time. If you have traveled a lot since your marriage, this may lead the officer to incorrectly believe you are not actually residing with your spouse causing him to question the legitimacy of your marriage, when in fact you have a valid marriage.
  3.  

  4. Tell the truth.
    Do not lie to the interviewing officer as this is a federal crime and could make you inadmissible. You must remember you are under oath, and while you do not want to volunteer unnecessary information, you must tell the truth when a specific question is asked. If you do not remember a date or event, do not make it up. The officer may try to lock you into an answer, but if you do not remember you must just say so.
  5.  

  6. Do not be combative.
    While most officers are professional, certain officers will have an aggressive approach to their interviews—especially during fraud interviews. The officer may phrase questions in a manner that will seem accusatory or offensive but you must maintain your composure. Remember that the interviewing officer will decide your case, so you want him on your side. Always address him as officer and answer his questions in a polite manner. As a last resort, if you feel you are being treated unfairly or disrespectfully, you can ask to see a supervisor, but again, remember you want the interviewing officer on your side.
  7.  

  8. Bring an attorney.

    If you have a case with any complications, you should hire an attorney to appear at the interview with you. Having an attorney can help you avoid denials, appeals, deportations and/or having to refile your case. Even when you do not have a complicated case, having an attorney will ease your stress allowing the interview to go smooth. A competent attorney can prepare you for the interview by going over the questions you will be asked, identifying and addressing any issues that may come up at the interview.

 

Contact our office at (916) 613-3553 or email us at info@ranchodlaw.com if you have immigration questions.






| Comments

I612 Waiver based on Exceptional Hardship APPROVED for Client from Pakistan

Tuesday, February 21, 2017 | Last Updated: January 19, 2017
by admin






I-612 Waiver Approval, Form I-797 (2016-12-21)



Filed: February 19, 2016

Approved: December 21, 2016

The Scenario

  • Client used a j-visa for several years
  • He married a U.S. Citizen
  • The couple had a baby born in the U.S.

Our Approach

  • We argued that if our client were forced to comply with the home residency requirement there would be extreme hardship to his U.S. citizen spouse and their child both if the U.S. Citizen spouse and child tried to accompany the client to Pakistan and also if the client left for Pakistan by himself to complete his home residency requirement.
  • Relocation would result in exceptional hardship because the spouse had student loans which she could not defer to live abroad and her education and licenses here in the U.S. do not qualify her to practice her profession abroad
  • She also doesn’t speak the language and we argued Pakistan is not a safe place for U.S. citizens
  • We also argued having client complete his home residency requirement alone, leaving his wife and child in the U.S., would also result in exceptional hardship because client contributes to his family financially, as a co-parent, and supports his wife emotionally

We were able to use our extensive knowledge and experience in hardship waivers to build a winning case for our client.






Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Donald Trump’s First 100 Days in Office » What to Expect

Tuesday, February 21, 2017 | Last Updated: January 7, 2017
by admin








The 6 top priority changes the Donald Trump Administration has on the agenda regarding immigration you need to know

In October, Trump released an action plan detailing the changes he will make during his first 100 days in office. By listing immigration changes six separate times throughout this action plan, Trump has made it very clear that immigration restructuring will take priority. Below we will analyze each of the planned changes that will affect immigration and how we predict those changes will affect those who are here without lawful status.

1. Cancel every unconstitutional executive action, memorandum and order issued by President Obama
In 2012 through executive action, President Obama allowed certain undocumented immigrants who entered the country as children to receive a two-year renewable deferred action from deportation and eligibility for a work permit. As of June 2016, U.S. Citizenship and Immigration Services (USCIS) had received 844,931 initial applications for DACA status, of which 741,546 were approved. Since 2012, DACA recipients have received work authorizations, social security numbers, and have felt a sense of security against deportation. However, that could all change soon. Trump could take action against DACA immediately or soon after taking office. DACA could become immediately invalid leaving over 741,546 recipients without a valid work permit. Furthermore, because DACA was created through an executive action, there are no confidentiality provisions that protect the information applicants provided to the Department of Homeland Security from being used for deportation purposes. It is imperative that all DACA recipients promptly explore any other options to gain permanent residency before Trump’s inauguration.

2. Begin removing the more than 2 million criminal illegal immigrants from the country and cancel visas to foreign countries that won’t take them back

Throughout his campaign, Trump has expressed his intent to begin massive deportations of illegal immigrants when elected president. Within his first 100 days in office he plans to begin the massive deportation of at least 2 million “criminal” illegal aliens. As president, Trump could simply instruct federal agents to begin rounding up illegal immigrants convicted of a crime and begin deportation proceedings. Most alarming is that Trump has also vowed to expand the definition of “criminal alien.” What the expansion of this definition will be is still uncertain but it could potentially include minor crimes such as driving under the influence of alcohol or Drugs.
Furthermore, Trump has declared his intent to cancel visas to countries that refuse to take deported aliens back. Some of the countries that currently refuse to take deported criminals back include Cuba, Iran and Afghanistan. Therefore, when the massive deportations begin, it is likely that relatives of U.S. citizens and lawful permanent resident will be unable to come join them in the in the U.S. if bans are imposed. It is recommended that anyone who has immediate family members in any of the 23 countries that are considered recalcitrant seek an evaluation of their relative’s case.

3. Cancel all federal funding to Sanctuary Cities
As of December 2016, the Center for Immigration Studies reported that over 300 jurisdictions have been identified as having a policy that is non-cooperative with and obstructs immigration enforcement. There are many cities, counties and states that have laws, ordinances or regulations that shield illegal immigrants from ICE. Some of these shields include denying ICE access to incarcerated individuals and refusing to comply with ICE detainers (detainers are used by ICE to assume custody of an alien for deportation). Trump has vowed to cut federal finding to “sanctuary cities.” Some of these cities include Los Angeles, Seattle and Chicago. What this means is that those cities that depend on federal funding to run may be forced to comply with ICE and expose illegal aliens to deportation.

4. Suspend immigration from terror-prone regions where vetting cannot safely occur

All vetting of people coming into our country will be considered extreme vetting. This policy is designed to exclude Islamic extremists and in general appears to be an indiscriminate blanket ban on all Muslims. Extreme vetting or extreme screening procedures will be implemented likely causing long delays and denials.

5. Restoring National Security Act
Amongst other things, it establishes new screening procedures. The act would require a determination before admission of whether an applicants’ beliefs match US values on gay rights, gender equality and religious freedoms, amongst others. Applicants already face long and intense scrutiny when seeking admission but with Trump’s proposed plan, immigration from certain areas would be indeterminately banned and additional screening would lead to longer than current delays without adding any greater security checks.

6. End Illegal Immigration Act Fully
Funding the construction of a wall on our southern border with the full understanding that the country Mexico will be reimbursing the United States for the full cost of such wall; establishes a 2-year mandatory minimum federal prison sentence for illegally re-entering the U.S. after a previous deportation, and a 5-year mandatory minimum for illegally re-entering for those with felony convictions, multiple misdemeanor convictions or two or more prior deportations; also reforms visa rules to enhance penalties for overstaying and to ensure open jobs are offered to American workers first.

President Elect Donald Trump desires to create a physical barrier between U.S. and Mexico that has been emphasized throughout his presidential campaign. Mexico’s president has made it clear that Mexico will not be financing the building of a wall. Trump later suggested that the wall may be built by taxing money that Mexican citizens working in the U.S. send home. While there is no specific plan to fund or build the wall, there is a clear intent to secure the Mexico-U.S. border which raises concerns of potential aggressive and violent action by border patrol. Similarly alarming are the excessive mandatory minimum federal prison sentences for illegal aliens who reenter the country.

Conclusion
Trump’s first 100 days in office seen grim for illegal immigrants. While we remain hopeful that he will fall short on his promises, we do recommend that anyone who has questions regarding their legal status has their case evaluated as soon as possible before any changes take effect.

| Comments

I-601A Waiver Approval, Illegal Entry and Illegal Presence

Tuesday, February 21, 2017 | Last Updated: January 7, 2017
by admin





i601a waiver approval notice (Dec.12, 2016)

The Case: a lady illegally entered the country, had a child with and married a US Citizen

Filed: July 14, 2016
Approved: December 12, 2016

  • Client entered illegally in the early 2000s and never left the United States.
  • She had a child with a U.S. Citizen who she eventually married.
  • In the past her husband suffered from alcoholism.

The Ranchod Law Group was successfully able to argue a case of extreme hardship on her behalf. We explained that if her waiver were denied, forcing her to leave the United States, her husband’s sobriety would be at great risk. We know how to argue a history of alcoholism to frame it as a disease, as it should be, rather than a negative character trait.

We have been successful at using this argument in the past as well. We are honored our clients trust us with such a critical life-changing process and confide in us their deepest secrets.

Now that the client’s waiver was granted and client can achieve her lawful permanent residency (greencard) the future is very bright for this lovely family.

Schedule a consultation with us, call now (916) 613-3553






Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

| Comments

USCIS Issues Employment Authorization Document to Victim of Robbery and Derivative Children

Tuesday, February 21, 2017 | Last Updated: December 8, 2016
by admin

On November 21, 2016, we received employment authorization documents for the victim of a robbery and his derivative children.

On April 2011, our client Julian (not his real name), was beaten and robbed by a group of men. He sustained a large contusion and laceration to his face that required an emergency room visit. Julian promptly contacted authorities to report the crime and willingly cooperated with law enforcement in the investigation of the crime.

On July 2014, The Ranchod Law Group filed his case for U Nonimmigrant Status with USCIS.

After patiently waiting for USCIS to review his application, Juan and his two derivative children are now authorized to work lawfully in the U.S. while their U Nonimmigrant Status Petition remains pending with USCIS. Until there are sufficient U Visas available, Julian and his derivative children can continue to renew their employment authorization documents every two years.

If you have been the victim of a violent crime and you wish to have your case evaluated free of charge by our legal team, please contact us immediately.

There are many petitions currently being filed for U Nonimmigrant Status and because the U Visa has a Cap of 10,000 per fiscal year, it is imperative that you file your case as soon as possible.

If you are unlawfully present in the U.S., a pending U Visa Petition can protect you from deportation.

Some things to keep in mind if you have been a victim of a crime:

  • some of the crimes that qualify for U Nonimmigrant Status include: domestic violence, robbery, rape, abduction, incest and murder (if a family member is murdered);
  • if you are the victim of a crime you must report this crime to the police department;
  • it does not matter how old or recent the police report is as long as you cooperated with the investigation;
  • if you need medical attention at the time of the crime, go to the emergency room to document and treat your injuries;
  • keep copies of the responding officer’s business card and ask him to write down your police report number on his card;
  • if you have injuries that were not photographed by the police department, take photographs the day of the incident as well as the days following;
  • comply with any requests for information or assistance from the police department or the District Attorney’s office in the investigation and prosecution of the crime. Prosecution of the crime is not necessary or mandatory to file for U Nonimmigrant Status.

If you have any questions or would like to schedule a consultation, call us at (916) 613-3553.






Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

| Comments

I-601A Hardship Waiver Approval, Nov. 11, 2016

Tuesday, February 21, 2017 | Last Updated: November 30, 2016
by admin





I-601A Hardship waiver approvals - The Ranchod Law Group in Sacramento  California

I-601A Waiver Approval Notice (Nov. 11, 2016)

Another I-601A Approved for a Client from Mexico

Filed: June 14, 2016
Approved: November 15, 2016

  • Client entered the U.S. illegally in 2002 when she was still a teenager.
  • She went on to marry a U.S. Citizen and the couple has two U.S. Citizen children
  • Client is fluent in English, gainfully employed, pays her taxes, and has never had any problems with the law.

The Ranchod Law Group argued, that if the waiver were denied, the client’s spouse couldn’t relocate to Mexico because he has some common medical issues and he would lose his health insurance if he moved.

Among other factors:

  • client’s spouse cannot leave his employment because he does not have a formal education or training which would allow him to ever earn a comparable position;
  • the spouse has two children from his prior marriage and he could not have a relationship with those children if he moved abroad.

A detailed analysis of the facts made it clear that there would also be extreme hardship if client were living in Mexico while her spouse remained in the U.S. because the couple relies on each other to parent their children together: they rely on each other in the U.S. both financially and emotionally.

Each hardship waiver case is different and has different circumstances. Here at the Ranchod Law Group our immigration attorneys have the experience and knowledge to prepare the best case possible for each client.

For this particular client, a mother of two U.S. citizens who has built her life in the U.S. since a young age the peace of mind to finally have legal status is going to be life changing for her and her family.

Schedule a consultation with us, call now (916) 613-3553






Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

| Comments

Approval of I601A Waiver from a South American Country

Tuesday, February 21, 2017 | Last Updated: November 16, 2016
by admin





I-601 A Waiver Approval – November 3, 2016

The Case: a man who fled from South America into Mexico and illegally into the U.S.

Filed: June 11, 2016
Approved: November 3, 2016

  • Client entered illegally in the early 2000s.
  • Fled from his home country in South America into Mexico and crossed the border illegally into the U.S.
  • Client is married to a U.S. Citizen.

The Ranchod Law Group was successfully able to argue extreme hardship because client’s spouse previously suffered from an eating disorder. Since the eating disorder is not actually about food, it is an unhealthy coping mechanism, we argued that both relocating to a foreign country or remaining in the U.S. without her spouse would result in extreme emotional and related physical hardship.

Also, the spouse receives medical care through Covered California so a relocation out of the U.S. would result in losing her health care.

Finally, we argued client and his wife were particularly worthy of a favorable exercise of discretion due to their extensive volunteer work.

Schedule a consultation with us, call now (916) 613-3553






Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

| Comments

What to do now, Immigration in a Trump World

Tuesday, February 21, 2017 | Last Updated: December 15, 2016
by admin

At this point in time, no one knows what a Trump presidency will mean for immigrants. What we do know, is what Trump has said throughout his campaign regarding taking a hardline stance against immigrants. Here we have written out some pointers as a sort of damage control for immigrants:

  • We are expecting the mass deportation of individuals who do not have legal status. For this reason, now is a really good time to contact our office to see if there is anything we can do to help you before Trump takes power.
  • Those individuals with DACA (deferred action for childhood arrivals) should contact our office to see if they have any possibility of acquiring a type of permanent status. For example, we might be able to obtain permanent resident status for individuals who are married to U.S. citizens or lawful permanent residents. This is important because DACA is not law, DACA was an executive order by Obama. This benefit could be gone as soon as Trump takes power if he so chooses.
  • If you entered illegally and are in the country illegally and you are married to a lawful permanent resident or a U.S. citizen, you could be eligible for a waiver which would ultimately result in permanent residence in the U.S. It is essential that you contact our office to see if you are eligible and if you are eligible to apply as soon as possible because again, this special type of waiver is authorized by an Obama regulation. Although this is not an executive order, Trump could attempt to revoke this area of law, but it would require that his administration go through an administrative process before the I601a waiver is revoked.
  • Lawful permanent residents should apply for their U.S. Citizenship. This will allow you to vote in the next election and could potentially benefit any relatives who need immigration status as well.

Although no one knows exactly what the future holds, we do know immigration is going to get tougher. We have extensive experience and knowledge precisely in this area of law and we will always be here to fight for our clients, this is our passion and our life’s work.

| Comments