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Mevorah Law Offices LLC
630-932-9100
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Subscribe to this list via RSS Blog posts tagged in undocumented immigrant

Posted on in Immigration

Chicago immigration attorney, K visa, permanent residency, lawful permanent residence, undocumented immigrantAn increasing number of people are traveling now than what used to be the case years ago; more people are enjoying other cultures and the people within them. Sometimes, love matches will result. If this does happen to you, you may be able to bring your future spouse to live in the United States with you, assuming you are able to obtain the right visa. While some people marry while abroad and then apply for a family-based immigrant visa, others bring their fiance(e) to the U.S. using a K visa.

What is a K Visa?

A K visa is a specific type of non-immigrant (not immigrant) visa intended for use by people whose entire purpose of coming to the United States on this particular trip is to marry a U.S. citizen. Many couples confuse the K visa with permanent residency, which can cause issues—holders of green cards may travel to and from the U.S. with relative impunity, but this is not the case with any kind of nonimmigrant visa (generally, nonimmigrant visa holders are restricted either to a finite number of entries or to a very short validity period for the visa itself).

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Posted on in Immigration

Chicago immigration lawyer, ICE, U.S. citizens, undocumented immigrant, ICE arrestWhile no one wants to contemplate the idea, Immigration & Customs Enforcement (ICE) does make mistakes. After a certain period of time, these stop being mistakes, and become agency policy. Such has become the case—or very near the case—with ICE arrests of U.S. citizens.

While obviously, rescinding such a policy is the option most likely to restore agency credibility, in the meantime, it is imperative for both immigrants and U.S. citizens to be aware that this may conceivably be an option. It should never happen, but when it does, too often the arrestee may be caught off guard.

Recent Issues Place Deportation Detention in Focus

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DACA status, deportation, deportation order, undocumented immigrant, Chicago deportation defense attorneysBarring a last-minute volte-face, the President has made the decision to officially end the Deferred Action for Child Arrivals (DACA) program initiated by his predecessor. He has stated that the official date for DACA to end will not be immediately, however; rather, in six months’ time the program will officially expire.

Regardless of specific dates, this decision has the potential to cause approximately 800,000 people to either be deported or temporarily removed from the only home many have ever known. If you are one of those people, there are factors you need to know.

Undocumented Status Creates Problems

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Posted on in Immigration

Chicago immigration attorneys, immigrants rights, undocumented immigrant, citizenshipIn the recent charged climate in the United States, there has been fierce debate over how to balance free speech rights with the rights of immigrants, especially the undocumented, to be free of harassment or governmental mistreatment. Some persist in the misconception that non-citizens have no Constitutional rights whatsoever, which could easily lead to a normalization of persecution of even those who have legal status in the country. Some simply are uncertain. Immigrants do have certain rights, even if undocumented, though, and it is important to be aware of them if you or a loved one is caught up in recent events.

Constitutional Basis

The 14th Amendment to the U.S. Constitution is what grants the most important rights to all people within the borders of the United States, regardless of citizenship status. Its Equal Protection Clause states that no state may “deny to any person within its jurisdiction the equal protection of the law.” It does not specify citizens or immigrants with status; it says persons, and as such, this clause has been construed to apply to everyone present. The Equal Protection Clause itself essentially holds that no one may be discriminated against on the basis of certain immutable characteristics like race, gender or nationality, without a compelling state interest in doing so.

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Chicago immigration attorneys, current immigration law, immigration attorney, undocumented immigrant, authorized immigrationOn August 2, 2017, the current administration unveiled a plan designed to convert the existing U.S. immigration system into a skill or merit-based structure, which would drastically curb documented immigration (as opposed to undocumented). While on paper, the plan merely appears to suggest mere procedural changes, conservative estimates show it would lead to a drop of approximately 50 percent in immigration overall, especially among those from non-English-speaking countries.

Uninformed pundits have been characterizing this as a positive, arguing that other immigrants will receive faster service than they would otherwise, and no one “undeserving” will be able to jump the proverbial queue. In reality, this is simply not how the U.S. immigration system works, and clearing up misconceptions like this can actually work in everyone’s favor—even citizens’.

Immigration is Not a Zero Sum Game

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