Blog posts tagged in Illinois immigration attorney
The topic of immigration can be confusing, especially with all the terms associated with the legal process. Under U.S. immigration law, DACA stands for Deferred Action for Childhood Arrivals. DACA is a policy that allows certain people who are in the United States unlawfully (after coming to the country as children) to receive a renewable two-year period to defer deportation and become eligible for a U.S. work permit. The current administration announced the rescission of DACA in 2017. However, some illegal aliens are still able to renew their applications through federal court orders that have allowed USCIS to resume accepting requests. It is important to note that USCIS will not accept requests from individuals who have never before been granted deferment under DACA.
Who Is Eligible for DACA?
DACA began under the Obama administration in 2012. Individuals who meet the following criteria can apply for DACA:
- Under 31 years of age as of June 15, 2012
- Came to the United States while under the age of 16
- Have continuously resided in the country from June 15, 2007, to the present
- Are currently in school, have a high school diploma or GED, or was honorably discharged from the Armed Forces or Coast Guard
- Have not been convicted of a felony offense or more than three misdemeanors
- Do not pose a threat to national security or public safety
The Future of DACA
Although the current White House administration put a stop to DACA in 2017, advocates and states filed lawsuits challenging the decision. In January of 2018, the first federal court to consider the issue entered a preliminary injunction that allowed persons who have or had DACA to apply for renewal of their protections. The future of DACA remains uncertain, as federal courts have agreed that the termination of DACA was likely unlawful.
Immigration issues have been in the news over the past few years, specifically tensions at the U.S. - Mexico border. However, there are many aspects to how the immigration process works. The United States Citizenship and Immigration Services (USCIS) is an agency within the U.S. Department of Homeland Security (DHS) that administers our country’s naturalization and immigration system. The U.S. Department of Immigration and Customs Enforcement (ICE) is a bureau of the DHS that targets illegal immigrants, particularly those who promote terrorism and other criminal activities. In some cases, foreigners may enter our country illegally without following the proper procedures. When illegal immigrants are detained by ICE, they are given a Notice to Appear (NTA) as part of the deportation/removal process and officials decide whether to set or deny an immigration bond .
What Is an Immigration Bond?
An immigration bond is a type of measure used to secure the release of an individual living unlawfully within the United States from the custody of the DHS. Immigration bonds are used for Green Card holders or undocumented immigrants who are detained by ICE agents and awaiting the results of their case.
Similar to an insurance contract, the bond is what the USCIS requires as a guarantee that someone will attend all of his or her immigration hearings. If an individual misses one hearing, he or she risks being deported without the opportunity to ask a judge for permission to stay in the United States.
In the United States, October is National Cyber Security Awareness Month (NCSAM). Established by the National Cyber Security Division within the Department of Homeland Security and the nonprofit National Cyber Security Alliance, it raises awareness about the importance of cyber security. There is no doubt that our society has become increasingly reliant on technology to perform many kinds of tasks, from navigation to mobile banking to even robotic surgery. Many career paths now focus on science, technology, mathematics, and engineering (STEM), which can directly impact advances in the field of cyber security. Recent legislation has made it possible for those people wishing to immigrate to the United States to potentially seek asylum through STEM education.
What Is the IDEA Act?
The Immigration Driving Entrepreneurship in America (IDEA) Act allows individuals receiving advanced degrees in the STEM fields from acclaimed American universities to seek green cards. It grants green cards to entrepreneurs with a certain amount of venture capital funds who agree to open their start-up businesses in the United States or who can show that their company has created a minimum of 10 new jobs for American workers.
It amends the Immigration and Nationality Act to establish a priority worker immigrant visa for a foreign national who has the following qualifying conditions:
Not all couples who marry are from the same state or even country. Two people who are engaged to be married may live across the globe from each other. This long-distance relationship can be challenging, emotionally and legally. If someone is a U.S. citizen and wants his or her “betrothed” to live in the United States, there are certain stipulations that must be met first before they can move here. Securing a fiancé(e) visa can be a complicated endeavor, but necessary for a loved one to enter the United States legally. In some cases, couples may choose to get married abroad so the foreign spouse would enter the United States on a K-3 (married) visa. Each couple is unique, so it is best to seek legal counsel to determine the best course of action for your immigration situation.
Immigration Visa Laws
The first step in bringing your foreign fiancé(e) to the United States is filing a Petition for Alien Fiancé(e), which is Form I-129F. This will allow him or her to obtain a K-1 nonimmigrant visa, which is also referred to as a fiancé(e) visa.
A couple must be married within three months and the union must be legitimate, meaning both partners have an intent to begin a life together and the marriage is not solely for immigrating to the United States.
The immigration process can be long and complicated. However, if an individual who is trying to immigrate to the United States commits certain crimes, he or she might be deported. Even if the immigrant possesses a green card, he or she is subject to deportation if he or she violates U.S. immigration laws. If there is substantial evidence that a crime has been committed and the person was convicted, an immigrant can be subject to removal proceedings. It is important to understand the immigration criminal defense proceedings if you or a loved is charged with a crime that is classified as “deportable.”
Types of Crimes that Warrant Deportation
Immigrants face the risk of being deported if they are convicted of specific types of crime. A “crime of moral turpitude” (CMT) or is not defined very well under U.S. immigration law. It is important to note, however, the Department of State states that the typical conditions of a moral turpitude crime include “larceny, fraud, and intent to hurt persons or things.” Crimes that involve theft and dishonesty are considered this type of crime. Other examples include assault with intent to kill or rob someone; aggravated DUI or DWI; and spousal abuse.
An “aggravated felony” under immigration law differs from criminal law. The list of these types of felonies can be found in the Immigration and Nationality Act. Some of these crimes include: