Immigration QA

During the recent upsurge by ICE in Minneapolis, a few common themes have arisen in my immigration law practice that both frustrate and educate.  I've also  learned that I'm equally vulnerable to emotion-based fears and lashing out as anyone, despite possessing  the actual knowledge and tools to act. So after profuse apologies to some people around me, I "started a list."  Here's what I, as an immigration attorney, believe could stem ICE arrests and/or strengthen a deportation defense. I welcome additional suggestions.  PS I’ve actually stopped saying "undocumented," because lots of people with legitimate immigration processes are being unjustly arrested by ICE, as well as U.S. citizens. T hese practical actions can make a true difference in a noncitizen's life: Emotional Support. Specifically: Assurance of friendship, love, compassion, and trust. Starting with listening is often helpful. Privacy is paramount . Calm nerves, first with oneself and the...

Did you know you can rent your own personal vault in an actual bank?  A young man called me today because he needs a new Social Security card, but can’t prove U.S. citizenship with merely a copy of the  certificate. He lamented the $500 application fee to replace it. I don’t blame him.  But the point remains: Lack of essential documentation is a frequent root cause of immigration (and life) problems.  Safe deposit boxes are a reliable way to store documents like birth certificates, naturalization certificates, passports, wills, family heirlooms, and Social Security cards. See link below. Non-citizens in particular should start to use them as well as fireproof safes that can be gotten for relatively cheap off Amazon and Walmart. This is particularly so in the initial stages of immigration when non-citizens tend to move frequently, increasing the chance for loss. I think it’s important to begin educating on documentation preservation. PS I don’t agree with some critici...

"Grace" is Minnesota's official state photograph. I was State Senator in 2002 when we officially voted for Minnesota's official "state photograph." A more prolific image originating from Minnesota than "Grace," I'm not aware of.  My colleague and friend, Rep. Loren Solberg , was the natural author of the bill since Loren lived in Bovey, Minnesota where the photograph was taken.  I think Loren also liked it because he bears resemblance to Charles Winden, the guy in the photo (Loren and I ribbed each other from time to time).  Read more about the history of Grace here. Speaking of grace, lately I've received a rash of calls from noncitizens who find themselves similarly situated to Mr. Wilden, praying for providential intervention in a recent job loss.  Primarily H1B visa holders, these folks have been laid off and are uncertain about their legal status and how to proceed with potential new employment in the United States.  The influx is prom...

I RECEIVED THE FOLLOWING QUESTION TODAY:   My husband and father's cases have been in Administrative processing for over 9 months now. The Embassy is just delaying the process! ANSWER:   In general, there’s not much a lawyer can legally do to "unstuck" an application at an Embassy. An attorney can submit a letter, but Embassies are so bureaucratic it is doubtful the letter will reach the right person. An attorney can, however, sue the Department of State in U.S. federal court to force a decision one way or another, but this will cost thousands of dollars and the decision may go against you. One realistic course of action should be to contact your own Congressperson to write a letter to shake loose a decision. You should know, however, that if the application was problematic is some way, sometimes no answer is a good answer. Meaning, at least the application is not yet denied. To help determine your chances, a consultation with an attorney may help. But it will be essentia...

I recently answered the following question. Q:   I was working on H1b for 3.5 years, but for some personal reasons I resigned last week from the job.   Now my Employer is really mad and they are saying that they will report it to USCIS. I came back to my home country and then resigned. Can they still report something bad/suspicious to the USCIS? A: You didn't do anything illegal, but by resigning from your job you lost your H1B status. If you truly departed the country, and THEN resigned, then there is nothing about that particular action your employer can complain about. Of course they can try. If there were other issues going on (like fraud) then certainly the employer can submit a report.  It does not mean their reports will be found valid, but they can cause a headache nonetheless. If there's not fraud for them to report, then at most they can submit a "withdrawal" of your visa to make a difficult to reenter (but you'd need to be rehired by that particulary em...

I recently answered the following question: Q: What are the requirements if I need to remove the condition on my two-year green card.  When do i need to apply exactly? A:  If you received your marriage green card within two years of marriage, your permanent residency is "conditional." This means you must prove your prove that your marital relationship still exists and is bona fide after two years. Obviously this is meant to prevent fraudulent marriages for immigration purposes. I  tell my clients this process it is basically like applying for your green card again in terms of what documents you need to provide. The form is I-751. The documents should come primarily from the two-year time period since green card approval. You are showing that you still have a bonafide marital relationship and that it was entered into in good faith. Provide joint bank statements, residential lease/mortgage/deed, joint tax filings, photographs, receipts from notable events, joint insurance, ...

  I recently answered the following question: Q:   I am applying for a citizenship based on marriage. I was wondering when I am filling out the form do i base my answers on 3 years work, travel and residence history or do i still have to include 5 years worth of work, travel and residence history? Do I need to include an additional sheet explaining why i have submitted just 3 years worth of work, travel and residence history or should i just scratch the number 5 in the form wherever necessary and put the number 3 above that?   A:   Don't scratch anything out. I think your separate sheet idea is better. There is also space in some of the answers for explanations on the form itself, so use those whenever possible. Since you are only using three years it is important that you emphasize, In your supporting documentation that you are eligible for that timeline. This means demonstrating, almost like you did in your green card application, that you have continued to re...