What to do about US citizenship question for the US census what is the latest news about the supreme court’s rulings and how can this affect your cases?
If you have questions you can contact us at (916) 613-3553 so there have been a lot of ICE raids recently and we are getting a lot of calls about what to do so that’s what this video is gonna be about.
So if an ICE officer does come to your door they can only open the door in two situations:
- Do they have consent? That means do you allow them to enter? And if you allow them then in by opening your door up and say they can come in.
- Reason number two would be if there’s an order that would allow them to enter. So they would need to have an actual order that allows them to enter.
If you are not in one of those two situations, then they cannot enter and you can refuse entry.
If you have questions you can contact us at (916) 613-3553
So we talked about two reasons right now:
- one if you open the door and let them in or if they have an order that allows them to enter;
- otherwise if you say you don’t want them to enter they’re not allowed to enter;
We also give to our clients something called a red card where you can slide this under the door informing the officer that you don’t want them to enter unless they have an order and if you’d like to get that free from us you can contact us at (916) 613-3553 and we’d be happy to give that to you.
I want to thank you so much for joining today and we will see you next week thank you and have an awesome day.
Additional information on ICE:
What You Need To Know About Student Visas, and The Updates on Employment H1B visas.
Alright so today, we are gonna talk about the latest and greatest immigration trends and we’re going to talk about DACA. As you know with this administration we’re talking about the “loco” things that are going on… so eighty-six percent of Americans support DACA and there’s current house legislation that has been worked on to help make DACA happen because people who came here as children deserve to be legal.
Trump is receiving a lot of pressure from Republicans and Democrats and the courts on DACA, so we have to just keep on continuing to let our Congress people know that we support DACA so that something passes. Now moving on to the latest trend, what is happening – can you believe that immigration is finally moving on to electronic applications??!!
So this isn’t in all the applications it’s just some right now, but they’ve indicated that that’s the direction that they want to go: they want to become modernized and what I have to say is it’s about time! You know with many other different agencies you can file electronically as we’re not in the dinosaur ages anymore where we need to mail in applications – it’s such a waste of resources and time. USCIS has rolled this out with a couple of applications and we’ll see where they go with it just.
Continue to check in, watch our videos if you haven’t had a chance subscribe to our youtube channel so you can continue to stay informed. If you have questions you can call us at (916) 613-3553 or post your question below.
Thanks and have an awesome day.
Related Information on DACA
- What is Going On With DACA in May 2019?
- I-290B if you file and your case is denied, Update on DACA
- News About DACA and How It Might Affect You
- I-601a Hardship Waiver – DACA Success Story
- Federal Judge reopens DACA
- DACA Rescinded & Renewal?
- A Dream on Hold: DAPA and Expanded DACA in Legal Limbo
- DACA and Executive Action on Immigration
- Deferred Action for Childhood Arrivals (DACA)
- Requirements for Deferred Action for Childhood Arrivals (DACA – Dreamer Work Permit)
The latest news from the USCIS that you need to hear. A Fraud Alert has been released to warn from fraudulent calls.
Related Information on President Trump, Mexico and Immigration:
The current administration is moving to close USCIS‘ field offices around the world.
Clients should note that USCIS and the Department of Homeland security are set to coordinate in order to avoid any delays in the processing of applications. However, clients should anticipate that there may be delays in the scheduling of their interviews, processing of their visa, etc.
It is important to remember that this does not mean closure of embassies/consulates altogether.
In the past, USCIS – the agency that processes green card applications within the U.S. – would deny applications if the person applying for the green card is likely to be a public charge, meaning someone who is living off of cash benefits rather than working for income. To get around this, applications would require Form I-864, showing that a U.S. citizen or permanent resident made enough income to ‘sponsor’ the green card applicant.
With this new rule, that form will no longer be enough. If the proposed rule is enacted, here are some changes that will take place:
- it is not just cash benefits, but any kind of benefit being considered (including: non-emergency Medi-cal, CHIP, even Obamacare subsidies);
- the Form I-864 will now just be one factor in determining public charge and sometimes won’t be enough;
- immigration is now considering how likely someone is to need assistance in the future, meaning that even if you have a good job now, being of old age or in poor health might lead to a green card denial, and
- even if you are not receiving public benefits now, but have in the past, you could still be denied a green card. There are other changes being proposed as well, and some are just downright cruel.
If you would like to know how these changes might affect your green card application, or if you think you might qualify for a green card in the future, give our office a call at (916) 613-3553 to assess the possibilities in your case. More than ever, it’s important to get the right kind of help.
- Frequently Asked Questions on I-864 Affidavit of Support
- New ‘Public Charge’ rule – will receiving public assistance or benefits affect my green card application?
- 3 Very Important Questions When Applying for Marriage Based Green Cards
- Affidavit of Support, when the sponsor for a marriage based green card doesn’t have the minimum required income
- What happens when the sponsor for a marriage based green card doesn’t have the minimum required income?
First of all let’s get to the exciting news:
The Ninth Circuit Court of Appeals has upheld the fact that you can renew for DACA which is great news! This was upholding the lower district court judge’s decision on grounds that Trump’s ending of DACA was based off of racial animus. The Ninth Circuit, which is the higher court, has upheld that so a bottom line for now, DACA is you can now continue to renew your applications.
Some of the most common questions are:
- What exactly is the form I-130 what does it prove?
- What does it mean when someone files for an form I-130?
So that’s a great question! form I-130 is establishing the relationship between:
- the U.S. citizen (the person that’s filing) or permanent resident (the person which is filing and that’s called the petitioner);
- the beneficiary (the person who’s receiving the benefit).
All it’s doing is establishing the relationship, so it’s generally only the first step in the process. We get a lot of questions – people think that they’re getting a legal status just from the form I-130 but that’s not the case.
Now another question:
- Which is the validity of the form I-130 approval?
Having form form I-130 approved doesn’t mean that you have the right to obtain a green card. Form form I-130 is only the first step in the process. Many people come to our offices in Sacramento and Stockton and have retained a notario who helped them with form form I-130. They are under the impression they’ll be granted a green card – this is just the first step in the immigration process.
So for instance, in order to obtain a green card, there are other forms such as form form I-485 (Application to Register Permanent Residence or Adjust Status), the Affidavit of Support demonstrating other eligibility requirements that you are eligible (demonstrate to be admissible to get a green card and demonstrate that you meet the poverty guidelines for the affidavit of support).
So form form I-130 in a way is like the baby step to the other steps.
- If someone has a pending form I-130 or an form I-130 approved, you what do you recommend to do?
- Do you recommend they go with an immigration attorney?
- What do you suggest to do if they’ve already filed for an form I-130 with a notario?
My recommendation is to have an immigration lawyer review the form I-130 application before moving forward because it may not be in your best interest to move forward: you may need a waiver for certain types of grounds that would make you an inadmissibility. It’s really important to have someone who’s knowledgeable to be able to analyze whether or not you actually qualify or you’re just putting yourself into a bad situation.
Other questions we get from people that have criminal issues
- Do criminal issues make them inadmissible?
- Do criminal issues preclude application for any type of benefit?
In general criminal immigration is a very complicated area and especially with the Trump administration they’re scrutinizing anyone who has a criminal violation.
For instance a very common issue is a DUI that needs to be analyzed before you file for your specific type of case. Same thing with domestic violence – if you have a domestic violence conviction it needs to be analyzed by an immigration attorney before you apply for an immigration benefit.
Questions on obtaining criminal records
- How do people obtain their criminal record?
- If someone was arrested, they may have the police report but they don’t have the court record – how should they proceed?
- How should someone proceed if they have been arrested but do not have anything to prove that criminal incident?
So we can do an FBI background check, we can request the records from the court if there has been a criminal conviction – these are some of the things that we can do in order to get that information.
Obtainable immigration documents
- Which are the immigration documents you can obtain?
- Let’s say I was petitioned way back and I don’t have any documents to prove it: is there any way that you can obtain those documents for me?
Yes. In that situation what we do is the Freedom of Information Act request and we can obtain those records that way and that’s really important. We do a lot of those to go back and review all of the information to see what happened so we know how to prepare your current application.
Also if you’ve ever had an interaction with USCIS or at the border, it’s also really important to get your records to see what happened as well.
Form Processing Times – Another frequent question
- Why are form processing times so long?
It depends on the specific case. In general we’ve seen processing times slowing down significantly across the board. For instance a green card renewal or an I-90 is taking anywhere from four and a half to 11 and a half months.
It’s important to note that the processing times are dependent upon the government: no attorney can speed up the processing time so if anyone tells you that, then just be a little bit wary because it’s up to the government on how long it takes them to process the case.
The form I-130 originally was taking around four to six months now it is taking five to twelve months to process.
The I601 has also slowed down significantly so now it’s taking 12 to 16 months.
The I601 is different from the I-601a. The I601 is the one where you’re outside of the United States and you need to apply for a waiver and that is currently taking 12 to 16 months. The I-601a is taking about five to seven and a half months and citizenship is taking about 8 to 14 months.
At the top of the list is the U Visa which is taking now an average four years. That’s if you’ve submitted your application like four years ago – we expect it to continue to slow down as time goes on.
Alright well we want to thank you for joining for our weekly show. Tune in next week we’re gonna have some more great information for you.
Thanks and have an awesome day
Related Information on Form I-130
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