Immigration New York
Just another WordPress weblog


June 29th, 2007 by admin

What is an aggravated felony which I have heard so much about ?

An aggravated felony is a specific designated crime which was set forth in the Immigration and Nationality Act Section 101 (a)(43). Some of the crimes include murder, illicit trafficking in firearms or controlled substances, money laundering, certain crimes of violence and various other offenses and the attempt to commit same. A conviction for an aggravated felony can result in your removal from the United States, even if you are a legal permanent resident. It also carries brutal repercussions such as a bar to re-entry for up to 20 years, bar from seeking relief for asylum, voluntary departure, cancellation of removal, naturalization and other penalties.

I am married to a US citizen and have been the victim of domestic violence. How can I file for my residency ?

If you are a battered spouse you may be entitled to self petition for yourself and thereby obtain legal status in the United States. You will be required to present some evidence of the abuse such as hospital and/or court records. Your self petition is brought by filing form I-360 with the Department of Homeland Security and providing the information and documentation required. You also may seek similar relief in the event you are brought into the Immigration Court for a removal proceeding. In such circumstances you can seek relief as a battered spouse under what is known as Cancellation of Removal. Battered spouse applications and relief are available not only to women but also men under appropriate situations.

My boyfriend lives abroad and we want to marry. Can he enter this country before we marry?

If you wish to bring a boyfriend/girlfriend into the United States for the purpose of marriage, you can file for a K visa. This application, made on form I-129, is filed with the Department of Homeland Security and once approved is forwarded to the Consulate in the foreign jurisdiction of the intending immigrant. The Consul will interview your intended spouse and once the K visa is approved your fiancee has 4 months to enter the United States and you will have 90 days from his/her entry to marry. After marrying there are additional papers and applications which must be filed with the Department of Homeland Security so that the immigrant’s status can be adjusted to a legal permanent resident. Although a K visa has traditionally been used to bring a prospective spouse into the United States, a K visa is now also available for use in bringing the spouse of a United States Citizen into the United States.

I am here on a non-immigrant visa and I found a job opportunity. The employer wants to hire me, but I do not have any work authorization. What can be done?

As long as you have not fallen “out of status”, that is remained in the United States illegally, your prospective employer can petition for you through the labor department to obtain a labor certification. This is a complicated proceeding and involves the gathering of various documentation such as obtaining a Prevailing Wage for the proffered job, running an ad in a newspaper, and documenting job applicants who may apply for the position. After obtaining a labor certification, the employer must file a form I-140 with the Department of Homeland Security.

I entered the US through JFK airport in New York City 6 years ago as a visitor for pleasure and I am now an overstay. I have an opportunity to attend college and would like to know if I can change my status to a student.

Although a person can seek permission to change status (e.g from a visitor to student), you can only do so if you are legally residing in the United States. Once a person overstays his initial authorized stay in the United States (assuming no extensions are obtained), that person falls “out of status” and is considered to be in the United States illegally. As such, a person who is out of status can not adjust to remain in the United Statesunder an F visa (student). In fact, only marriage to a United States citizen allows an out of status person the opportunity to adjust his status in the United States. Those individuals who are out of status also face a difficulty as they must leave the United States to process their application and if they were illegally in the United States for more than 6 months or more than 1 year they are barred from re-entry for 3 years or 10 years, respectively.

(comments are closed).