Law Offices of George Giosmas

Will divorce lead to removal for an immigrant spouse?

2023-05-29T23:17:47Z

There are multiple immigration programs available for the immediate family members of United States citizens. Both the spouses and the fiancés of citizens can potentially qualify for visas based on their relationships. These visas offer a fast track toward permanent residence and future citizenship. Immigrant spouses or fiancés can secure permission to enter the country and then obtain a green card. Eventually, some immigrant spouses will choose to naturalize and become United States citizens. Those who immigrate through a marital relationship have a good opportunity to remain in the United States indefinitely even if they don't naturalize. However, not every marriage succeeds. Infidelity, abuse or changes in personal values might lead to a divorce. A divorce could have implications for someone's eligibility for a green card. Will the immigrant spouse who entered the country because of their relationship automatically be removed if they divorce the person who facilitated their entry into the United States?

Divorce does not automatically trigger removal

The duration of someone's marriage and the length of their stay in the United States will influence whether or not the decision to divorce will have immediate immigration consequences. The closer it is to the date of someone's entry into the country when they divorce, the greater the chances of them facing immigration challenges. The first green card issued when a fiancé or spouse enters the United States is usually a conditional green card that is only good for two years instead of the standard 10 years for most green cards. After that initial two-year period, immigrant spouses may qualify for a standard green card and will be in a more secure position if they eventually find themselves facing divorce. Those who travel to live with a spouse or get married to someone in the United States only to endure abuse or other criminal activity might potentially qualify for a special visa that allows them to stay in the country if they report the crime and assist the prosecution in building a case. Others may qualify for special immigration programs due to political issues in their country of origin. Every immigrant weathers different circumstances, and there is rarely one answer that applies to every situation. Discussing one's visa and marriage in depth with a legal professional could an immigrant evaluate whether divorcing now will affect their future.

Do I qualify for asylum?

2023-04-11T09:33:57Z

People who hope to enter the United States come to the country for many different reasons. Oftentimes, their primary motive is a better future for themselves or their family. People may enter the country to reunite with family members or pursue a great job. Other times, people come to the United States to flee persecution. The United States has long held itself out to be a bastion of hope for those who are suffering in tumultuous political environments. Every year, thousands of people make plans to travel to the United States specifically to protect themselves from political or religious persecution. However, not everyone who hopes to apply for asylum actually qualifies for protection under this program. Who can seek asylum in the United States?

Those with a credible or reasonable fear for their safety

People may apply for asylum based on a reasonable fear of persecution based on race, political opinion, religion, nationality or membership in a particular social group. Only those who have a reasonable and credible fear for their safety should they return to their country of origin can typically qualify for asylum.

Those already in or entering the country

The standard procedure for pursuing asylum involves requesting it at a port of entry. Immigrants may travel north through Central America and Mexico to apply for asylum at the southern border that the United States shares with Texas, for example. In some cases, those who have already entered the country can also apply for asylum. They may become eligible when the political situation changes in their country during their stay in the United States. They may also be able to apply for asylum based on certain special circumstances, such as receiving bad advice from a lawyer.

Asylum requests are difficult to navigate alone

Those fleeing another country cannot gamble on the success of their immigration proceedings. Many people applying for asylum will struggle with the paperwork and also with advocating for themselves while dealing with the United States Citizenship and Immigration Services (USCIS). It can be difficult to understand the requirements for asylum and the expected procedure during hearings and meetings. Immigrants often require support from legal professionals as they attempt to navigate the asylum process and then establish themselves in the United States. Learning more about the requirements can make a major difference for those who believe they may qualify for political asylum.

What are your options if your F-1 visa is expiring?

2023-02-18T23:14:53Z

The United States is home to some of the world’s most revered institutions of higher education, and students come here from all over the world. The vast majority of them are here on F-1 student visas. What happens, however, when the F-1 visa is set to expire? It’s incredibly important to make sure that you understand what your F-1 visa actually permits, and what options you may have when it’s over if you want to remain in the U.S.

How long does F-1 status last?

F-1 visas are given for the “duration of your status,” so how long you can legally remain in the U.S. depends on whether or not you’re following the rules – not the expiration date on the F-1 visa. For students, that means you must be:

You are a full-time registered student and continue to progress toward your degree
You are participating in a period of Optional Practical Training (OPT) after you finished your degree.
You are within a 60-day grace period as you either prepare

It is important to note that even though the law allows you to remain in the U.S. on an expired F-1 visa as long as you meet the requirements, you could encounter trouble with renewal and reentry if you return to your home country or go beyond U.S. borders for any reason.

What could cause you to lose F-1 status?

Aside from leaving the United States on an expired visa, you can lose your F-1 protections through a mistake. Some of the common problems students encounter include:

Failing to progress toward their degree because they’ve failed classes or are on academic probation
Working at an off-campus job without the appropriate authorization
Failing to extend Form I-20 if you need to extend the time it will take to get your degree
Being convicted of a crime, such as drunk driving or drug use

If you’re approaching the end of your studies and you know that an F-1 visa will no longer apply to you very soon, there may be options that will allow you to stay in the U.S. – but it’s only prudent to get experienced legal guidance for your immigration journey.

How do I pursue asylum?

2023-02-02T20:42:28Z

Asylum is the type of status used for those who need protection. They may need this due to their political opinion, nationality, religion, race or even just inclusion in a specific social group that is being persecuted. For these reasons, the individual believes they will not be safe in their home country and wants to stay in the United States to be protected.

The first thing to know is that you can apply for asylum if you are at a port of entry or if you are already in the United States. This is one of the things that sets it apart from the refugee process, which always begins overseas. Seeking asylum can be similar, but may be done by someone who has already fled to the United States. It is simply asking to be allowed to remain since deportation could be very dangerous for them.

Filing the correct forms

If you are in the United States, the form to use is known as the I-589. The official name is the “Application for Asylum and for Withholding of Removal”. This can be filled out in person by those who are physically in the country already, but are not citizens.

Additionally, some individuals will be able to fill out the form I-589 on the Internet. Online options are not allowed for everyone. For instance, you cannot file one if you are already in immigration proceedings or if you have already filed one in person and the USCIS simply has not responded to your application yet.

Can you count your family?

Yes, if you are in the U.S. with your family, your spouse and children can be added to the application for asylum with you. Children only count as long as they are unmarried and under 21 years old.

How do you get started?

As you can see, seeking asylum may be very beneficial, and it’s important to know about all of the forms to use and the important deadlines to hit. Be sure you know about the options you have, and what steps to take to get the process underway. It may help to work with an experienced team who has been through this process before.

What is asylum?

2022-12-07T23:55:31Z

Typically, if someone is looking to immigrate to the United States, they would seek out one of several options to earn a visa. For example, they may receive a work visa or marry a U.S. citizen giving them the right to a visa. After an immigrant earns their visa, they may then get a green card and earn citizenship through the naturalization process. Many immigrants enter the U.S. to start a family, earn an education or, simply, have a change of view. However, some people aren’t so lucky and are trying to flee to a safer country. If someone is suffering from persecution in their current country, then they may seek asylum in the U.S. Asylum protects an individual and their family from harm and may give them a right to live in the U.S. While that explains what asylum is, it may leave you with more questions than you began with. Here’s what you should know:

Why would someone need to seek asylum?

Asylum seekers may feel unsafe and fear for their lives in the country they currently live in. This may be because of their race, gender, religious beliefs, political option or nationality. Factually speaking, the reason they feel they’re being persecuted is a key factor in establishing why an immigrant would be granted asylum.

Why would an immigrant seek asylum in the U.S.?

America is the land of opportunity and the land of the free. So it’s only obvious to many immigrants that the U.S. is a safe haven for people seeking to better their and their families’ \lives.

How long does the asylum process take?

First, an asylum seeker should file for an application within one year of coming into the U.S. Then, some asylum seekers have to wait a year before their application is processed.

Should you have legal help when seeking asylum?

Applying for asylum can be confusing and long. Many people seeking asylum don’t go for legal help and that can greatly impact their chances of earning protective status. It may be in your best interest to know your legal options when seeking asylum in the U.S.

What is deportation and how does it happen?

2022-11-18T21:40:59Z

Many immigrants cross United States borders to start a new life, build a family, seek employment and find an education. It’s not uncommon to hear that thousands of immigrants and nonimmigrants are deported from the U.S. a year. Deportation is the act of removing a foreigner from the U.S. for violating immigration or criminal laws – it can even be demoralizing to know that you could face deportation if you don’t know your immigration laws and rights. Immigrants facing deportation should know that they do have legal rights prior to their removal. Here’s what you should know:

Why would an immigrant be deported?

A deportation order may begin when an investigation is done on an immigrant or nonimmigrant, and, if it's found they violated immigration or criminal laws, they may be detained and placed in a detention center. The following are a few examples that might lead to immigration or criminal law violations:

Caught in a marriage fraud
Preformed illegal voting
Removed from a conditional permanent residence
Aided another immigrant in the unlawful entering of the U.S.
Convicted of serious criminal offenses
Failed to register immigration documents
Endangered public safety
Created a national security risk

At a detention center, immigrants will likely have to attend a court hearing while facing a judge to give testimony on their case. After the judge decides the sentence, immigrants and nonimmigrants typically have to return to their home country – however, the legal process for deportation can be a lot more complex for each individual.

Can you appeal a deportation order?

An immigrant or nonimmigrant may find that their rights were violated during an investigation. Immigrants have the legal right to appeal a deportation order before the order is fully enacted and the immigrant is removed from U.S. soil. Creating a deportation order appeal can be difficult, however. Immigrants and nonimmigrants facing deportation may need to seek legal help when creating a strong appeal.

Arriving in the United States as an Asylum Seeker: What to know

2022-10-06T19:45:16Z

It can take months of planning and saving to successfully arrange for travel to the United States. You felt like you had no choice but to leave your country of origin because you have experienced or believe you would soon experience persecution because of your religion, your membership in a social group, your political opinions, your nationality or your race. Perhaps there has recently been a change of culture or leadership in your country, or maybe private information about your affiliations has recently become public knowledge. If you have recently entered the United States or are about to do so, what steps do you need to take to qualify for asylum?

You need to fill out special immigration paperwork

The first step in the asylum process other than physically arriving in the United States is filling out Form I-589. This paperwork begins the asylum consideration process and helps temporarily protect you from removal from the country. Asylum proceedings can take quite some time, so you may need to fill out additional paperwork so that you can secure employment while living in the United States. Finally, you will also want to educate yourself a bit more about the differences in the laws between your country of origin and the United States so that you don't potentially make a mistake that will affect your right to stay in the country.

How do you prove that you qualify for asylum?

Sometimes, the United States Citizenship and Immigration Services USCIS is already aware of a hostile environment for specific people in a particular country. Members of minority religions coming from countries with theocratic governments, for example, would have an easy time proving that they deserve consideration for asylum. Those coming from countries that have very restrictive rules about international media or that have recently gone through regime changes may need to gather more evidence about the current political climate in their country. Applicants also need documentation that helps affirm their nationality, religion or other characteristics that would lead to persecution if they were to return to their home country. Educating yourself about the United States' approach to political asylum cases could help you and possibly your immediate family stay in the country for your safety.

3 times an arrest can lead to an immigrant’s removal

2022-08-22T19:02:13Z

When you have a visa that allows you to live in the country, your time here is conditional. You have to continue to meet the standards established by the United States Citizenship and Immigration Service (USCIS). Those standards involve your ability to support yourself, comply with filing requirements and comply with domestic laws. In addition to filling out paperwork when the time comes to renew your visa or adjust your status, you have to minimize your use of public benefits programs and avoid criminal charges. If you do get arrested for a criminal offense, you should be aware of the potential immigration consequences before you make decisions on how to respond. There are some, minor criminal issues that won't do much damage to your status as an immigrant, and then there are issues that will likely lead to your removal from the country. When do criminal charges endanger your immigration rights?

When You face an aggravated felony

There are dozens of criminal charges that the USCIS considers aggravated felonies. These crimes range from acts of violence to failing to appear in court. Anyone who pleads guilty to or gets convicted of an aggravated felony is at risk of removal from the United States.

When the charges lead to lengthy incarceration

The longer someone will be in state custody after a criminal issue, the more likely it is that they will face removal upon their release from state facilities. The USCIS has rules that apply to those whose total sentence will be a calendar year or greater. They will treat even misdemeanor offenses like an aggravated felony if the sentence imposed involves a year or more in state custody.

When the charges involve crimes of moral turpitude

Even if the offense itself isn't an aggravated felony and does not carry a major prison sentence, a judge can still determine that it is serious enough to warrant your removal or affect your immigration status. There is a degree of personal interpretation involved with crimes of moral turpitude. If a judge believes that the actions that led to someone's arrest and criminal charges are offensive to moral sensibilities, they could order someone's deportation or removal even if the charges don't otherwise meet the criteria for removal. Avoiding criminal charges and responding to them appropriately can help you protect your status as an immigrant living in the United States of America.

Key facts about asylum for children

2022-08-03T22:26:36Z

Seeking asylum is the process of asking to be allowed to stay in the United States for the sake of safety. Those who are seeking asylum typically are facing some type of persecution back at home. This could be due to their race, their ethnic group, their religion or even being part of a political or social group. Asylum seeking can be done by both adults and children. But there are some important things to know about how the process may differ for children and how they can get the most out of it.

Unaccompanied minors

First of all, children do not have to be with their parents to apply for asylum. They can do this as unaccompanied minors, if they’ve already been separated from the rest of their family. There are also cases where a parent or family member may bring them into the United States and then leave, entrusting them to someone else’s care. They can still seek asylum at this point.

Children can have their own case

Children are allowed to apply for asylum with their parents, but it’s also possible for them to have their own case if they would like. Those who are under 18 still have the option to apply separately. This doesn’t mean that it is always the best choice, and everyone has to consider the specifics of their own situation, but it is certainly possible if there are benefits to doing so.

There will be interviews

One thing that parents should know is that children can be interviewed during the asylum process. The interviewing officer is supposed to consider things like the child’s language development, their age, their education level and their general sophistication and ability to work through these interviews. But the interviews do have to happen and issues during them can delay the case.

Exploring your options

If you are seeking asylum with your family or if you have children who are going to be doing so, you can see how important it is to know exactly what legal steps to take. Your future hangs in the balance, so make sure you consider all of your options.

The days before and after deportation: What to expect

2022-06-23T04:24:23Z

If someone is going to be deported from the United States, there is a process that is followed. First, a judge issues a removal order. Then, they will receive the “Bag and Baggage” letter, which tells you where to go (and when) to leave the country. Prior to deportation, you may or may not be held. It depends if you were on bail or not. If you were on bail, you won’t have to go back to the detention center. Instead, you can choose to leave on your own, which is called a voluntary departure. If you were not out on bail, you will return to the detention center to await deportation transportation.

Who pays for deportation?

The U.S. government covers the costs associated with deportation.

Where do you go after you’re deported?

After deportation, you will generally return to your home country. You may not have a job to go to, and you may not have a home. Some people who have been deported experience violence, and others find it hard to reintegrate with a country they may not have been in for many years (if ever).

Will you be homeless after deportation?

It is possible that you could have nowhere to go when you return to your home country. If you have family, you may want to reach out to them prior to your arrival.

What happens to family left in the USA?

Any family members who are in the country legally are allowed to stay. For example, if you are deported but your spouse and children remain, your spouse will automatically get custody of your children. If both parents are deported, there is a risk that your children could be put into foster care. There are steps you can take in advance to assign a guardian, such as a friend or other family member, to help avoid that situation. You have a right to defend yourself against deportation. With the right help, you may be able to negotiate the right to stay in the United States, so you may remain with your family in a safe place you’ve come to call home.