Dec
8

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Marijuana and Naturalization

Category: Uncategorized

On November 30, 2020, Arizona became the 13th state to legalize marijuana, despite the fact that marijuana remains a controlled substance under federal law. The immigration law is clear that a violation of the Controlled Substances Act (CSA) within five years of the naturalization application prohibits applicant from proving the good moral character necessary for the naturalization. An employment at a legal marijuana enterprise gave rise to an admission of a CSA violation.

On April 19, 2019, the USCIS issued its Marijuana Policy clarifying that violation of federal controlled substance law, remains a bar to establishing good moral character for naturalization. The implementation of the USCIS Marijuana Policy can result in other serious immigration consequences, including deportation and a bar from re-entering the US after traveling abroad.

Please note that this article does not constitute a legal advice.  If you would like help with applying for US citizenship, call our experienced immigration lawyer in Phoenix at 480-425-2009 or schedule your consultation online.

Dec
8

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DACA Reinstated

Category: Uncategorized

On December 4, 2020, a New York court ordered the U.S. Citizenship and Immigration Services (USCIS) to reinstate the Deferred Action for Childhood Arrivals (DACA). Accordinly, effective December 7, 2020, USCIS is accepting first-time requests for DACA based on the terms of the original DACA policy. USCIS is also accepting DACA renewal requests and applications for advance parole. In addition, USCIS is extending one-year grants of deferred action under DACA to two years and extend one-year employment authorization documents under DACA to two years.

USCIS will provide evidence of the one-year extensions of deferred action and employment authorization to individuals who were issued documentation with a one-year validity period. USCIS will comply with the court order, but may challenge it.

Please note that this article does not constitute a legal advice.  If you would like help with DACA or would like to consult how this decision may impact you and your case, call our experienced DACA immigration lawyer in Phoenix at 480-425-2009 or schedule your consultation online.

Dec
8

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Marriage green card for French citizen approved

Category: Uncategorized

My clients met online. A half a year later, they met in the US and got engaged. Then, a few months later the US fiancée came to my office seeking help with the fiancée visa process. It took 5.5 moths for the petition to be approved and another 3.5 months to have the fiancée’s interview in Paris. She arrived in the US with her fiancée visa 7 weeks later and got married 1.5 months later. A month later, we filed her paperwork for her green card. Since the USCIS office in Phonix was closed due to COVID-19 for 5 months, we waited 17 months for the green card interview. inally, the interivew was scheduled. It was great to see the happy couple and have my client’s green card approved.

Please note that this article does not constitute a legal advice.  If you would like to obtain a marriage-based green card, call our experienced immigration lawyer at 480-425-2009 or schedule your consultation online.

We highly recommend that you hire an immigration lawyer to represent you. Immigration law is one of the most complex fields to navigate on your own and the success of your case has a huge impact on your life.

Dec
2

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Lawsuit over fiancé(e) visa delays

Category: Fiancé(e) visa, Fiancé(e) visa lawsuit

Due to the COVID-19 pandemic, many foreign-born fiancé(e)s are facing substantial delays in processing their fiancé(e) visas. The US Embassies and Consulates were closed for months and are only slowly resuming the processing of K-1 visas depending on the situation in each country.

When the President issued the Proclamations (“PPs”) that suspended entry into the U.S. certain foreigners who have been physically present in China, Iran, Schengen Area, U.K., Ireland, or Brazil in the previous 14-days, the State Department suspended issuing visas to people residing in those countries.

Over 150 U.S. citizens filed a class action lawsuit to force the State Department to resume issuance of fiancé(e) visas. On November 19, 2020, the court prohibited the State Department from relying on the PPs to suspend visa issuance to the named plaintiffs affected by those PP.

K-1 visa applicants who are named plaintiffs and subject to a regional proclamation should contact their nearest Embassy or Consulate for
guidance on scheduling a visa interview. However, they do not have priority ahead of other K visa applicants and remain subject to the regional PPs.

Nov
24

By

New Naturalization Civics Test

Category: Uncategorized

The USCIS will implement a revised version of the naturalization civics test for applications filed on December 1, 2020 and later. The USCIS will now ask 20 questions out of 128 questions and the applicant needs to answer 12 questions correctly to pass the civics test.

The applicants at age 65 or older who have been lawful permanent residents for at least 20 years will continue to be asked 10 test questions and need to answer 6 questions correctly.

Please note that this article does not constitute a legal advice.  If you are seeking legal representation in your naturalization process, call an experienced immigration attorney at 480-425-2009 or schedule your consultation online.

Nov
11

By

Public Charge rule update

Category: Public charge rule Tags:

The Seventh Circuit issued an administrative stay, of the decision to vacate the Public Charge Rule pending appeal. For more information, click here.

Please note that this article does not constitute a legal advice.  If you need any assistance with your visa or green card application or/and would like to discuss how this decision may impact you, call our experienced immigration attorney at 480-425-2009 or schedule your consultation online.

Nov
4

By

Public Charge Rule vacated nationwide

Category: DHS, Public charge rule, Vacated

A district court vacated the Department of Homeland Security (“DHS”) rule on public charge and DHS may no longer apply it.

According to US immigration laws, foreign nationals (with some exceptions) are inadmissible to the U.S.  if they are unable to care for themselves without becoming public charges.  The public charge rule clarified how DHS determines if someone is likely at any time to become a public charge.  

This public charge rule required foreign nationals seeking legal permanent resident status or extend or change their nonimmigrant status to show that they have not received public benefits for more than 12 months, in total, within any 36-month period.  

The district court ruling took effect immediately.

Please note that this article does not constitute a legal advice.  If you need any assistance with your visa or green card application or/and would like to discuss how this decision may impact you, call our experienced immigration attorney at 480-425-2009 or schedule your consultation online.

Nov
3

By

TPS recipients who entered US illegally are eligible to adjust status

Category: Green card, LPR, Temporary Protected Status, TPS Tags: , , , , ,

The Court of Appeals for the Eight Circuit held that a foreign national who entered the U.S. illegally (without inspection and admission) and received Temporary Protected Status (“TPS”), is deemed “inspected and admitted” for purposes of adjustment of status and may adjust their status to that of lawful permanent resident.

Please note that this article does not constitute a legal advice.  If you need any assistance associated with your TPS status and would like to discuss how this decision may impact you, call our experienced TPS attorney at 480-425-2009 or schedule your consultation online.

Nov
2

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Evidence of Prior Fraudulent Marriage Precludes Approval of Subsequent Marriage-Based Green Card Petition

Category: Fraudulent marriage and green card, Marriage Green Card, Marriage green card attorney in Phoenix, Marriage green card attorney in Scottsdale Tags: , , , ,

The Board of Immigration Appeals ruled that substantial and probative evidence that a prior marriage was fraudulent and entered into for the purpose of evading the immigration laws justifies the denial of a subsequent green card petition. This applies if the first green card petition was denied because of insufficient evidence of a bona fide maritage.

Please note that this article does not constitute a legal advice.  If you would like to obtain a marriage-based green card or consult how this decision may impact you and your case, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online.

Nov
2

By

Extension of the Designation of South Sudan for TPS

Category: South Sudan, Temporary Protected Status, TPS Tags: , ,

The designation of South Sudan for Temporary Protected Status (TPS) is extended for 18 months, from November 13, 2020 through May 2, 2022. The re-registration period runs from November 2, 2020 through January 4, 2021.

Eligible nationals of South Sudan (or persons without nationality who last habitually resided in South Sudan) may register or re-register for TPS and the validity Employment Authorization Documents was extended.

Temporary protected status (TPS) is a temporary benefit to certain nationals of designated countries due to conditions in the country (such as ongoing armed conflict, an environmental disaster, or an epidemic or other extraordinary and temporary conditions) that temporarily prevent the country’s nationals from returning.

Please note that this article does not constitute a legal advice.  If you would like to obtain an TPS status or need any assistance associated with your TPS status, call our experienced TPS attorney at 480-425-2009 or schedule your consultation online.

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