Motion to Reopen

In an in absentia deportation hearing, the judge may proceed with the case even if the immigrant fails to appear as long as proper notification of the trial date was given. If a person stays in the U.S. after an in absentia decision or illegally returns some time afterward, he or she should talk to a lawyer about a motion to reopen before applying for a green card based on marriage or employment. Any of the following factors may provide a basis for filing a motion to reopen a deportation case:

• Marriage
• Employment
• Failure to provide lawful notice of an immigration proceeding
• Exceptional circumstances that prevented an immigrant from attending an immigration hearing
• New evidence that warrants reconsideration of a previous deportation order

It’s important to handle a motion to reopen with special care since most aliens are provided only one opportunity to reverse a deportation order. A person who is subject to a standing deportation order may be arrested and deported without a hearing if they meet with an immigration officer. The best course of action in such cases is to file a motion to reopen the case.

Deportation Orders

An immigrant may not even be aware that a previous application was denied by the United States Citizenship and Immigration Services (USCIS). Previous deportation orders can be reinstated. Therefore, it’s important to speak by telephone with a court representative to learn whether there is a previous deportation order on record before attending an interview with an immigration officer.

The failure of an alien to appear at an immigration hearing can be caused by something as simple as the legal notice having been sent to the wrong address. If it can be shown that the immigrant was not notified of the hearing, the case can be reopened in accordance with U.S. immigration law. When a case is reopened by a judge, the previous removal order is automatically stayed. There is no filing fee to reopen an in absentia case.

To determine if you are eligible for a motion to reopen, schedule a complimentary consultation with the Gutierrez Law Firm at 210.225.7114.

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Permanent Resident Travel Penalties

Every U.S. permanent resident should learn about the penalties that can be imposed for traveling abroad for too long. Remaining outside the United States for more than one year without a reentry permit can result in removal proceedings. A passport from the permanent resident’s country of origin or an official refugee-based immigration document will be required to leave the country. If the language on the passport and country to be visited are different, obtaining a passport translation is highly recommended.

Maintaining One’s Ties to the U.S.

USCIS requires permanent residents to maintain a continuous physical presence in the United States. A permanent resident must be able to prove that they have maintained ties to the United States and had no intention of abandoning their green card status while traveling abroad. A permanent resident can use documents related to a home rental, bank account or tax return to prove that they have adequately maintained their ties to the United States. This becomes much more difficult when a permanent resident stays out of the country for more than one year.

How Long Can You Travel?

Living abroad for more than one year or permanently leaving the United States can damage a green card holder’s intention to gain U.S. citizenship. A permanent resident cannot reside outside the United States indefinitely until they have received U.S. citizenship. The following travel timelines apply to permanent residents:

• Less than one year outside the United States: A reentry permit is not required. Presentation of a valid green card is sufficient to reenter the country.
• One to two years traveling abroad: The permanent resident must obtain a reentry permit. The permit is valid for two years and must be obtained prior to leaving the country.
• Departure for more than two years: A returning resident visa will be required to reenter the United States. Remaining abroad for more than two years after obtaining a reentry visa while failing to obtain a returning resident visa may constitute abandonment of permanent resident status.

USCIS may determine that a foreign immigrant has abandoned their permanent resident status if they leave the United States to become a permanent resident of another country, even if the absence is for less than one year.

For expert assistance with all permanent resident travel issues, schedule an appointment with the Gutierrez Law Firm today by calling 210.225.7144.

The post How to Legally Travel Abroad as a Permanent Resident of the U.S. first appeared on Gutierrez Law Firm.

Dual Nationality in the United States

When the citizen of a foreign country is granted U.S. citizenship as the result of marriage or naturalization, they are not required to renounce their status as a citizen of a home country. In fact, United States immigration law does not specifically address the matter of dual nationality. Moreover, a U.S. citizen does not lose their legal status when they are automatically awarded citizenship by a foreign nation. It should be noted, however, that any U.S. citizen who applies for and is granted foreign citizenship could lose their status as a citizen of the United States. According to the U.S. Department of State, the following criteria must be met for a U.S. citizen to have their American citizenship revoked:

• Voluntarily make application to become the citizen of a foreign country
• Demonstrate an intention to renounce U.S. citizenship as the result of freely determined actions or statements

U.S. Immigration Policy

Although dual nationality is possible in the United States, U.S. policy does not encourage dual citizenship. There are certain problems associated with dual nationality since the two countries involved may have conflicting laws. People tend to honor the laws of the nation where they currently reside, but conflicting laws can make it difficult for United States officials to assist dual nationality citizens who reside in a foreign country. Both nations possess the legal right to enforce laws that may be in conflict with one another.

Dual nationality citizens must still present a valid U.S. passport to enter or exit the United States. The same may be true for other nations that allow dual nationality status. The United States does not penalize dual nationality citizens for holding a foreign passport.

Renouncing One’s Legal Status

Most countries allow a citizen to renounce their citizenship status. Renouncing citizenship and other dual citizenship issues can be difficult to investigate or understand.

If you have questions about dual nationality, do not hesitate to contact the Gutierrez Law Firm at 210.225.7114 and set up a consultation.

The post Facts About Dual Nationality first appeared on Gutierrez Law Firm.

Qualifications for Convention Against Torture

The benefits of Convention Against Torture are more limited than asylum, but CAT does offer several advantages. To qualify for CAT, the standard being somewhat higher than for asylum, the applicant must be able to show that returning to their home country will most likely result in being tortured by the government. If the applicant meets the CAT requirements, the U.S. is legally obligated to grant the protections defined by the convention. Also, the failure to meet asylum status requirements cannot be used to disqualify someone for protection under CAT.

To qualify for CAT, the applicant must be subject to torment upon returning to a country of origin. The fear of torture claimed by the applicant must meet the international definition of torture, namely the purposeful infliction of mental or physical pain by a government or public official.

The infliction of suffering may be used to intimidate or punish designated individuals or groups. Torture tactics may also be employed by the government as a means of coercing a confession or enforcing an official discrimination policy. Among the many forms of agony that may qualify someone for protection under CAT are the following:

• Deprivation of food or water
• Threats or beatings
• Rape
• Electric shock
• Forceful administration of harmful drugs or substances

Applying for CAT

An applicant can apply for CAT at the same time they apply for asylum. The applicant must provide objective evidence that they will most likely be subjected to extreme forms of cruel or inhumane treatment if they are forced to return to their home country. The supporting evidence for an asylum or CAT petition must document the nature of any torture that was inflicted in the past and is likely to continue in the future.

A CAT applicant may submit media accounts, the documented testimony of relatives who were tortured in the past and other relevant information. Those who apply for U.S. protection must be thorough and demonstrate that the fear of future anguish is completely justified.

If you need help applying for Convention Against Torture, call 210.225.7114 to schedule a free consultation with the lawyers at the Gutierrez Law Firm.

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Conditional Permanent Residency

Permanent status based on marriage is conditional because the immigration authorities want to ensure that the marriage is legitimate and not an attempt to circumvent U.S. immigration law. A conditional permanent resident may apply to have the conditions removed under the following circumstances:

• The green card holder must still be married to the permanent resident or U.S. citizen after two years.
• Children who received conditional status at the same time or within 90 days of the applicant may be included in the application.
• There is a valid reason that a child was not included in the application to have conditional status removed.
• The applicant is a widower or widow as the result of a good faith marriage.
• The applicant is a spouse or child who suffered physical, verbal or emotional abuse or hardship that was the result of a good faith marriage.
• The applicant will experience significant hardship if conditional permanent residence status is terminated.

How to Apply

Both the conditional status resident and their permanent resident status or U.S. citizen spouse must apply to United States Citizenship and Immigration Services (USCIS) to have the conditions removed. Applications must be filed within 90 days prior to the second anniversary of receiving conditional permanent residence status. The anniversary date and the expiration date listed on the applicant’s green card are one and the same. An application should be submitted to USCIS using Form I-751. A failure to file a completed I-751 within the specified application period will result in the loss of conditional permanent residence status and the initiation of removal proceedings.

A conditional permanent resident can apply to have the joint filing requirement waived if the marriage ended in divorce. The waiver may be submitted at any time after being awarded conditional permanent residency but prior to removal from the country. Children who received conditional status more than 90 days after the applicant must submit a separate I-751 application.

The Code of Federal Regulations (CFR) is difficult to interpret. Therefore, the proper preparation of an I-751 application can alleviate stress and substantially improve the likelihood of success.

To talk to an immigration lawyer about your case, dial 210.225.7114 and request a free consultation with the Gutierrez Law Firm.

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Family Preference Categories

The number of visas available for the relatives of permanent residents is limited by law. There may be a waiting period. A green card holder may submit a permanent resident petition to U.S. Citizenship and Immigration Services (USCIS) on behalf of a qualified family member. This is often referred to as a family second category.

If the family member is already in the United States, the permanent resident relative must submit a petition for alien relative (USCIS Form I-130) along with the required fee and signature. Once the petition for alien relative has been properly filed and approved, the sponsored relative must submit an application to register permanent residence or adjust status (Form I-485) with USCIS. Both steps are necessary to become a legal permanent resident of the United States.

Applying for a Green Card Outside the United States

An eligible relative of a permanent resident or citizen who lives outside the United States can file a petition through a U.S. consular office. The U.S. Department of State will work with USCIS to process the sponsored relative’s application, but an approved I-130 petition with a current priority date must already be on file. If a visa is available and the sponsored relative’s application is approved, they will be allowed to travel to the United States with the approved visa. They will then obtain a green card when they are officially admitted to the country by a U.S. port of entry.

Parents Who Sponsor Children

When the unmarried child of a permanent resident turns 21 years of age, it becomes more difficult for them to obtain a green card. The child is no longer considered as the daughter or son of someone who is legally living in America. Speaking with a knowledgeable immigration lawyer about the provisions of the Child Status Protection Act (CSPA) could possibly solve this problem.

When the child of a U.S citizen or legal resident gets married prior to obtaining a green card, they lose their eligibility to be sponsored by their parent.

In the event that a permanent resident is granted citizenship through naturalization, the preference category for a sponsored relative is automatically changed. A visa may be available much sooner in such cases.

U.S. immigration law seeks to promote family unity. Questions about filing immigration status petitions can be answered by contacting the Gutierrez Law Firm at 210.225.7114.

The post Sponsoring a Relative first appeared on Gutierrez Law Firm.

The Applicant’s Burden

A student visa is a non-immigrant visa. The burden is on the applicant to prove to the satisfaction of the consular officer that the student does not intend to immigrate to the United States. The applicant proves this by showing sufficient ties to his homeland that compel him to return there after his visa expires.

Applicants should expect to be asked questions about future employment prospects or plans; family and other relationships; education objectives and grades and other areas the interviewer might explore to determine if the applicant intends to return home. The applicant should be prepared to answer questions and provide documentation to prove that the reasons to return home outweigh remaining in the U.S.

Speak for Yourself

Because the interviews are conducted in English and not in the student’s native language, the student should practice conversations in English with a native speaker to feel comfortable during the interview. The consular officer expects the applicant to be prepared to answer questions without needing the assistance of family members.

The Study Program

An applicant should be able to explain details of the program of study in the U.S. and demonstrate how it relates to the student’s future career upon returning home. The applicant should offer details about how the knowledge gained by studying in the U.S. will further a career at home.

Spouses and Children

If an applicant’s spouse is applying for an F-2 visa to accompany the applicant, the interviewer might ask questions concerning how the spouse will spend time in the U.S. F-2 visa dependents cannot work or engage in full-time studies while in the U.S. If a spouse and children of an applicant remain in their home country, the applicant must be prepared to offer details during the interview about how the dependents will support themselves.

Questions about support for dependents can end with denial of a student visa application. If the interviewer believes that the student’s dependents will require assistance from the student, the assumption will be that the student intends to work in the United States.

Be Respectful and Be Prepared

An applicant should enter the interview with all documentation to support the application. This is an interview and not an argument, so applicants should remain respectful of the interviewer at all times.

For help with the student visa application process, get in touch with the Gutierrez Law Firm at 210.225.7114.

The post Preparing for Your Student Visa Interview: The Complete Guide first appeared on Gutierrez Law Firm.

Permanent Resident Green Card

United States Citizenship and Immigration Services (USCIS) Form I-551, or green card, provides proof that a foreign immigrant has been awarded permanent resident status in the United States. Though it’s true that many green cards don’t list a date of expiration, most green cards are valid for 10 years. Green cards issued to those who have been awarded conditional resident status are valid for two years. Without a valid green card, it is extremely difficult for an immigrant to prove that they are a legal permanent resident with the right to work and travel in the United States.

Green Card Renewal

The following basic guidelines should be observed in order to maintain a valid green card at all times:

• An application to renew a permanent resident green card should be submitted to USCIS no less than six months prior to the 10-year expiration date.
• Immigrants who have been granted conditional residency status must file a petition with USCIS to have the conditions removed. The petition should be filed no less than 90 days before the two-year expiration date. Once the petition has been approved, USCIS will issue a new green card that will be valid for a period of 10 years.
• Even if a green card does not have an expiration date, it may still be invalid. It is recommended that a green card renewal application be submitted in such cases.

Green Card Replacement

To renew or replace a permanent resident green card, USCIS Form I-90 should be submitted in accordance with USCIS guidelines. The card should be replaced if it is stolen, lost or damaged. You should also reapply if any of the information on the card has changed. Anyone who was granted permanent resident status before the age of 14 must also apply for a new green card when they turn 14 years of age.

U.S. immigration policy and procedures are complicated at best. It is not uncommon for USCIS officials to lose important documents or provide inaccurate information to foreign immigrants, so it makes sense for applicants to seek help from an immigration lawyer when it is time to renew their permanent residency cards.

Speak with the Gutierrez Law Firm today at 210.225.7114 to receive a free consultation and assistance with all U.S. immigration matters.

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The Employment Authorization Document (EAD) is a plastic, credit card-sized document that a person must show to an employer as proof of eligibility to work in the U.S. Employment authorization is granted for a 12-month period. A person with an unexpired EAD can work for any U.S. employer. People who do not have an EAD might still be eligible to work for a specific employer under the terms of certain visa categories.

Types of Eligible Workers

Foreign workers in several alien status categories are eligible to apply for authorization to work in the United States. Some of the eligible categories of alien status include:

• Asylum seekers or those seeking refugee status
• Students
• Foreign nationals in the final stages of applying for permanent residence
• Foreign nationals from countries given temporary protected status by the U.S.
• Spouses and would-be spouses of U.S. citizens
• Spouses and children of exchange visitors

Other status categories can offer a foreigner the opportunity to apply for an EAD. For example, a person granted status under the Family Unity Program might be eligible to file for an EAD.

H-1B Visas

Certain visa categories, such as work visas, allow a person to enter the United States and work without first obtaining an EAD. An H-1B visa is a non-immigrant visa that allows companies in the U.S. to employ foreign workers in specialty occupations. The H-1B visa allows the foreign worker to legally reside and work in the U.S. for up to three years, and the residency is eligible for an extension of three years. Spouses and children may come to the U.S. with the H-1B holder.

The application for an H-1B visa cannot be filed by the foreign worker. The prospective employer must file the application and obtain the visa to allow the worker to enter the U.S. to work for the petitioning employer. The number of H-1B visas is subject to limits set annually by an act of Congress.

H-1B visa applications can be submitted for occupations requiring specialized knowledge or skills and at least a bachelor’s degree. The employer must file an application with the United States Department of Labor attesting to the fact that the worker will be paid prevailing wages and that employing a foreign worker will not adversely affect working conditions of other U.S. workers. The certification issued by the Department of Labor confirms the employer’s representations and verifies that the position cannot be filled by the current U.S. pool of available workers.

To learn more about working legally in the United States, contact the Gutierrez Law Firm at 210.225.7114.

The post The Non-Citizen’s Guide to Working Legally in the U.S. first appeared on Gutierrez Law Firm.

1. When an immigrant needs to have their immigration status or work permit renewed, they shouldn’t wait until the last minute. Submit all applications well in advance of the official expiration date. An immigrant may well be arrested if they fall out of status.
2. Anyone with an active green card should consider filing for U.S. citizenship if they meet the residency requirements for naturalization. The customary waiting period is five years, but there are exceptions. Citizenship eliminates the need for a green card and improves the immigration status of family members.
3. Avoid summary removal by preparing wisely for arrival at a U.S. border. Border officials enjoy a great deal of discretion to eliminate individuals who could be security risks.
4. When spending more than 30 days in the United States, it is important to notify USCIS of all address changes. This must be done within 10 days of moving to a new address. A separate notification must be submitted by every family member. Providing notification can be completed online or by sending Form AR-11 to any USCIS office that processes applications.
5. An applicant can increase the odds of success by filing multiple green card applications through any relative who is a U.S. citizen.
6. Never be late to an appointment with a USCIS official, immigration court, embassy or consulate. The result could be extensive delays or deportation.
7. Violating the terms of a U.S. visa could cause unnecessary difficulty. It’s important to carefully observe the rules associated with a green card, visa or work permit.
8. Copying and tracking all immigration paperwork is essential. USCIS is well-known for losing forms and documents. Make extra copies of all documents and send them via certified mail.
9. Don’t rely on family or friends for immigration-related advice. A knowledgeable immigration attorney is the best available source of accurate information.
10. When nothing seems to be going right, contact an immigration lawyer or congressional representative for assistance.

There’s no need to be frustrated by the U.S. immigration system. For immigration assistance in Texas, speak to a lawyer at the Gutierrez Law Firm at 210.225.7114 for a free case evaluation.

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