Green Cards and Family Immigration

While family structures vary from one family to another, the word family is synonymous with togetherness. This is especially true when it comes to immigration and what it means to be together as a family in the United States of America. Brownstein & Nguyen, Atlanta Georgia immigration lawyers, have experience working with thousands of families over the years to help them bring them together in our great country.

Visas and Green CardsUnited States citizens and permanent legal residents can petition for a green card for various family members. A United States citizen can also able to sponsor a spouse, child, parent, or sibling, while a permanent legal resident is able to petition for a spouse or child. When petitioning for a family member to be granted a green card, the petitioner is known as the “sponsor” and the recipient family member is known as the “beneficiary.”

There are many steps involved in filling out and acquiring and providing the government with proper supporting documentation for the Petition for Alien Relative form (Form I-130). The process can be quite involved. While one could attempt to complete the form and apply for a visa or green card without a lawyer’s assistance, hiring an experienced immigration attorney may make all of the difference in the world. When filing a petition, it may be approved or denied. If approved, sponsored relatives must know and precisely follow the steps required to complete the processing of their visa. An experienced immigration lawyer will provide guidance in these next steps. Additionally, if a petition should be denied, the appeal process is familiar for experienced immigration lawyers.

If you are considering sponsoring a spouse, child, parent, or sibling, contact Atlanta immigration lawyers Brownstein & Nguyen. When it comes to something as important as family immigration and togetherness, it is okay to lean on experts. Brownstein & Nguyen is  qualified and experienced in navigating the legal landscape of sponsoring a family member for a green card. Contact Brownstein & Nguyen for a free consultation. With over 20 years of experience, our track record speaks for itself.

The Race Against the Clock for Immigrant Children

Time Waiting for ImmigrationImagine that a high school senior has put in all the time and effort to make it to graduation. Years of hard work have put the star student on track for graduation with honors and a full scholarship to the college of his choice. Everything progresses toward the exciting conclusion of this chapter in this young man’s life…until the day he is called into the principal’s office and told he could not graduate. He is at a loss for words and understanding. How could this happen? The principal explains that he cannot graduate because the final assignment for his senior English language arts class was not graded and reported. But it is not that he failed to turn in the assignment on time or that his work was not good; in fact, he turned it in early and it was outstanding. The problem is that his teacher simply did not get through the stack of essays she had to grade in time to meet the graduation deadline. As a result, the senior’s work is deemed incomplete and he is forced to start the year all over.

Fortunately, the above is just an illustrative scenario and not a real life example. It is cut and dried as to where the fault lies – the student suffered as a result of the actions of others. It seems inherently unfair and unjust. But justice and fairness are notions frequently involved in the debate over the interpretation of laws, where the decisions of the few affect the many.

Similar to the scenario above, there is a real-life situation unfolding in immigration law that potentially could affect thousands of young immigrants with their whole lives ahead of them. They have submitted the proper paperwork and waited in line for their “graduation” or in this case, the granting of their very own visa. They, too, are in a race against the clock. But instead of counting down the days until graduation, the clock ticks until until age 21 when they will “age out” of the visa line they are waiting in.

The U.S. Supreme Court recently handed down its decision in Scialabba v. Cuellar de Osorio, a case involving minor children included as dependent beneficiaries in their parent’s visa petitions for permanent resident status but who turned 21 before the petitions could be decided by the government. The law at issue, the Child Status Protection Act, was passed by Congress in 2002 to protect immigrant children from the harsh consequences of “aging out” (or no longer being considered a child) and thus being denied immigrant benefits when their parents finally obtain visas. Siding with the government, the Supreme Court’s interpretation of a specific provision of the CSPA means that minor children of immigrant petitioners who age out before their parents can obtain visas will no longer receive the “priority date” given their parents, but instead must go to the back of the line and wait all over again for visas to become available. In other words, immigrant children will get no credit for the time (often many years) their parents spent waiting for visa petitions to be processed.

The above case highlights just one example of how complex, challenging and daunting navigating immigration law can be. If you or someone you know is facing a potentially life-changing immigration issue or problem, we’re here to help. With over twenty years of experience in immigration law in the Atlanta, Georgia area, the attorneys at Brownstein Nguyen are more than equipped to guide you through the legal process – whether you are seeking a visa, appealing a denial, adjusting status, or defending a removal or deportation case brought by the government. Please contact us for an immigration law consultation today.

Also, don’t forget to follow Brownstein and Nguyen on Facebook, Twitter, and Google + for other news and information regarding immigration.

Detention of Immigrants: Good for Business?

While recent headlines have focused on the ongoing debate in Washington and around the country about immigration reform, very little attention has been given to the intersection between private, for-profit businesses and the detention of immigrants. We would like to share some important facts about profits and immigration policy in our country.

Private Prisons-Immigration detention-Atlanta Immigration LawImmigration and Customs Enforcement (ICE) follows a congressional mandate that the government must detain and house  34,000 immigrants each day. William Selway and Margaret Newkirk outline that this quota does not come cheap for taxpayers; each of those slots costs about $120 per day to keep filled. In total, the United States spends over $2 billion in taxpayer dollars a year to detain immigrants who are awaiting government action on their cases (which can take years). Over half of that amount – more than $1 billion – is spent on private prison facilities. Public financial information from the country’s largest private prison operators shows that the private prison industry is profiting from our country’s current immigration detention policies.

Does the current detention mandate make sense? Should private corporations that spend millions lobbying in Washington profit from the detainment of immigrants?

At Brownstein and Nguyen, we do not claim to have the answers to these policy questions. However, we have seen firsthand the often harsh effects of the government’s detention policies in the lives of honest, hard-working immigrants and the families who depend on them. We are proud to state that we have been able to help thousands of immigrants over the years who seek only a fair chance at a better life for themselves and their families in the United States.

Please do not hesitate to contact Brownstein and Nguyen, your Atlanta immigration law experts regarding immigration custody and detention and other immigration concerns. We have a proven track record of success, showing time and again that our knowledge and experience in immigration law provide clients with the best possible representation when they need it most.

Immigration: Reform or Not, We are Here to Help

For the past several years, immigration reform has been a hot topic in our country as evidenced by frequent news headlines and reports about the many individuals and families caught in the middle. The general consensus seems to be that changes to current immigration policy and laws are needed. Some reforms – including a path to citizenship for those who entered or stayed in the United States illegally but have become productive members of society – even have broad support. Unfortunately, however, the political stalemate in Washington has prevented legislation from being enacted. For the countless immigrants seeking to become citizens or who are facing possible deportation, change cannot come soon enough.

Immigration Law-AtlantaImmigration laws and procedures are not simple, but rather are extremely complicated. For those needing relief, the U.S. immigration system is daunting and should not be faced alone. At Brownstein & Nguyen, our attorneys are intimately familiar with the many complex aspects of immigration law and the legal process involved. Even within the current system, that can seem overwhelming and often leads to harsh and unintended results, we can make a difference for clients. While we may not be able to effect broader changes in policy or the law, over the years we have successfully helped thousands of clients to fulfill their dreams of living and prospering in our great nation.

For example, we have helped individuals and families seeking to enter or stay in the United States by obtaining the appropriate type of visa. Visas mean all the difference in the world for so many, as families can be reunited, students can gain college educations, and gainful employment can be legally obtained.

An opinion piece in USA today gave a Last Call for Obama on Immigration Reform. At Brownstein and Nguyen, we are here to help those in need to navigate an immigration system waiting for change, so they can improve the quality of their lives and their families’ futures.

For more information on immigration issues, please feel free to read through the information found in our Immigration Practice pages. If you or someone you know is experiencing an immigration problem or has an immigration question, please do not hesitate to contact our Atlanta immigration specialists at Brownstein and Nguyen.

What is Removal?

Removal, formerly known as deportation, refers to the removing of a non-U.S. citizen from the United States and their return to their home country.

Why might an individual be removed from the United States?

An individual may be removed from the United States for several different reasons. These reasons include a person illegally entering the United States, legally entering the United States but staying beyond the allowable time stated on a visa, or if an individual committed a crime or crimes that would be grounds for removal.

 Removal and Deportation Law Specialists in AtlantaHow is removal determined?

Removal is determined in part through removal proceedings. Removal proceedings are now used in place of deportation proceedings. Removal proceedings are started when a respondent (the person involved in the removal proceeding) is contacted with a Notice to Appear. A Notice to Appear contains a list of numbered allegations that are factual against the respondent. A typical Notice to Appear my include statements such as:

1.  You are not a citizen or resident of the United States

2.  You are a citizen and national of [respondent’s alleged home country]

3.  On [date], you pled guilty to [citation to criminal statute or statutes] or

You were admitted to the United States on [month], [day] [year] as a B visitor for a period not to exceed 180 days.

4.  Under Section 238 of the Immigration & Nationality Act, you committed an aggravated felony rendering you removable, or you remained in the United States beyond your term of admission.

Removal proceedings are typically initiated upon the arrest or detention by Immigration & Customs Enforcement (ICE) of someone with an outstanding immigration hold or who is suspected by the government of being removable.

What should I do if I am detained by ICE or receive a Notice to Appear?

If you, a family member or loved one receive a Notice to Appear or are detained by ICE for removal proceedings, you should contact Atlanta, Georgia immigration lawyers at Brownstein and Nguyen. With over 20 years of experience in immigration law, we are knowledgeable and can aggressively represent clients in removal proceedings and all other aspects of immigration law.

Immigration Reform

For the past several years, immigration reform has been the subject of much political debate and maneuvering and a hot topic in the news. But to the millions of immigrants peacefully living and working, paying taxes and raising families in the United States, immigration reform is much more politics. Take a look at a recent article, regarding the story of Josue Noe Sandoval-Perez, and it is hard not to feel the gut wrenching pain that some of the current immigration enforcement practices place on families. In the midst of the headlines, and the current state of progress on immigration reform, it may seem that there is no hope. However, even under current law there is much that can be done to help immigrants wanting to make this country their home.

19272384Citizens of foreign countries who seek to enter the United States generally must first obtain a U.S. visa. Visas fall into two main categories: non-immigrant visas and immigrant visas. For those wishing only to travel to, visit, or study abroad in the United States on a temporary basis, they would need to obtain a non-immigrant visa. If a non-U.S. citizen wishes to reside permanently in the United States, an immigrant visa would be necessary. There are numerous categories and methods of obtaining immigrant visas, or green cards, each with their own requirements. Generally, these categories include relative, spouse and finance’ visas, investor or employment visas, and various special circumstance visas. For more information about the various types of visas available, please click here.

For the past 20 years, the Atlanta, Georgia law firm of Brownstein & Nguyen has helped thousands of foreign citizens obtain visas to come and live in the United States. Founding attorney Tien G. Nguyen has the necessary expertise to help individuals and families with their visa needs, including visas and green cards, citizenship and naturalization, and removal/deportation. If you, a family member or someone you know needs expert advice or representation in immigration law, do not hesitate to call or contact our Atlanta, Georgia immigration law attorneys today for a free consultation.

Immigration Law Blog

 

Atlanta Immigration Law Blog

Welcome to the Atlanta Immigration Law Blog, provided by Atlanta, Georgia law firm Brownstein & Nguyen. This blog page is dedicated to immigration matters, legal issues and news. We hope it is informative and helpful.

The information and opinions provided on this page are not legal advice. Please consult with an attorney to discuss your legal issue.

New Bill H.R. 6128 Seeks to Keep Families Together

Proponents on both sides of the immigration debate feel strongly about their respective positions.  However, there is one affected population who is largely without a voice and left out altogether – the children of deported immigrant parents.  While these helpless victims didn’t choose their citizenship or parentage, the current laws unintentionally sever their relationships with birth parents and create a barrier to future reunification for their families.

A new bill introduced in Congress last summer by Representative Lucille Roybal-Allard (D), to be co-sponsored by Karen Bass (D) when reintroduced in the next session, entitled H.R. 6128 – Help Separated Families Act of 2012, is intended to fix some of the problems with the current system. According to the Applied Research Center, more than 5,100 children were sent to foster care due to the detention or deportation of their immigrant parents in the first six months of 2011 alone. Foster care typically occurs without any consideration of placement with other family members, who frequently are themselves undocumented aliens and therefore deemed unacceptable guardians. Sadly, short of a foreign consulate getting involved, most of these children lose contact with their birth families for the rest of their lives after entering the child welfare system.

Perhaps even more disturbing is the fact that the Applied Research Center estimates that if current trends continue, we could see the number of innocent children separated from their families due to deportation and immigration detention swell to 15,000 or more over the next 5 years.

As written, the proposed bill sets standards for states ensuring that immigration status alone does not disqualify relatives, parents and legal guardians from being acceptable guardians for a child when they are the best fit. States seeking placement for a child will be required to notify relatives that their immigration status won’t be questioned, except to the extent necessary in determining eligibility for services and programs. It further requires states to accept foreign documentation as sufficient proof of identification for accomplishing the required criminal background checks for child placement. And finally, it puts the responsibility squarely on the shoulders of the state to ensure that every reasonable effort has been made (including working through foreign consulates) to notify birth parents and any relatives or extended family before the state can file for termination of parental rights.

In the current system, even after parents have been released and allowed to remain in the United States, the requirements to restore their custodial rights once their children have entered into the child welfare system are nearly impossible to attain given their immigration status.

While the new bill isn’t perfect, it is expected to go a long way towards keeping families together whenever possible. The bill as introduced has been endorsed by many national, regional and state child and family advocacy organizations.

If you have questions about immigration laws and rights, feel free to call Tien Nguyen of Brownstein Nguyen, LLC who specializes in the areas of immigration and family matters at (770) 458-9060, or email Tien at [email protected]. You can also find out more information at our website: https://bnlawatlanta.com.

Deferred Action for Childhood Arrivals

On June 15, 2012, President Obama announced that the Department of Homeland Security would defer the removal of certain undocumented youth for two years. Eligible applicants would also receive employment authorization during the two year period.  The Department of Homeland Security began accepting applications on August 15, 2012. For more details concerning this program, click here.

To be eligible for this program, you must:

  • Have been born on or after June 16, 1981.
  • Have come to the United States before your sixteenth birthday.
  • Have continuously lived in the U.S. since June 15, 2007.
  • Have been present in the U.S. on June 15, 2012, and on every day since August 15, 2012
  • Not have lawful immigration status. To meet this requirement (1) you must have entered the U.S. without papers before June 15, 2012, or, if you entered lawfully, your lawful immigration status must have expired as of June 15, 2012; and (2) you must not have lawful immigration status at the time of your application.
  • Be at least 15 years old. If you are currently in deportation proceedings, have a voluntary departure order, or have a deportation order, and are not in immigration detention, you may request deferred action even if you are not yet 15 years old.
  • Have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, be an honorably discharged veteran of the Coast Guard or U.S. armed forces, or “be in school” on the date that you submit your deferred action application. See below for more information about meeting the “be in school” requirement.
  • Have not been convicted of a felony offense. A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
  • Have not been convicted of a significant misdemeanor offense or three or more misdemeanor offenses. Click here for more information about offenses that may disqualify you.
  • Not pose a threat to national security or public safety. (DHS is still defining what these terms mean but has indicated that they include gang membership, participation in criminal activities, or participation in activities that threaten the U.S.)
  • Pass a background check.

Deferred action is only temporary, and does not lead to lawful permanent residence or U.S. citizenship.

If you think that you may qualify for this program, contact us.  We have successfully applied for this type of benefit and obtained approval for clients as quickly as 2 months.  It is very important that you discuss your case with a qualified attorney before applying.