Category Archives: IMMIGRATION LAW

New Waiver or Forgiveness Immigration Process Approved under Form I-601A

By: Attorney Alejandro R. Lopez

A new hope for certain relatives of United States citizens who are illegally in the United States.

On March 4th, 2013, a new process will come into effect through which certain relatives of U.S. citizens who are physically present inside the United States, but who are illegal, can ask for a waiver (forgiveness) to the United States government to eliminate their “inadmissibility” and minimize the so called “time penalties” which exist right now (from 5 to 10 years), which the U.S. government imposes, outside the United States before returning to the U.S.A. again.

Please notice that this is not an easy process and is highly complex. You can see its complexity by visiting the U.S. immigration site at: http://www.regulations.gov/#!documentDetail;D=USCIS-2012-0003-3739 where you can review all the terms of the new rule. We recommend you that, if you are interested in this new process to be able to process your husband or wife, son or daughter, father or mother, that you have a meeting with a lawyer of your choice before proceeding to register the form, since certain details in the new rule could place the status of your relative in the United States in great danger if the process is not carried out with detail, legality, and precision.

As always, our Firm is ready to process this type of case and we offer you legal consultation to advise you regarding your specific case and to determine if this waiver is a good option for your relative. Call us at (407)  649-1404 or contact us through our website of www.yourattorneyinorlando.com

 

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Has Immigration Reform Finally Arrived to the United States?

By Attorney Alejandro R. Lopez

The answer is still unknown, but this time there is a good possibility. Politicians have realized of the acquisitive power hispanics have gained through time in the United States and fear not to have that power on their side. The Republican party, as well as the Democratic party, appear to be in agreement to proceed with the reform of the immigration laws of the United States this very same year of 2013.

The basic proposals are as follows:

1. Increase the efforts to secure the U.S. borders, including the use of more government agents, drones (usually used in the Afghanistan war), and surveillance equipment,

2. Require the implementation of an entry and exit system to and out of the United States to be able to follow the steps of persons who come into and exit the United States with temporary visas, to determine if they have come out of the country when it is required,

3. Create a commission of legislators and community leaders who reside in the United States’ southwest border to make recommendations when the new security measures have been accomplished,

4. While the security measures are on their way, illegal immigrants in the United States could:

a. register with the U.S. government,

b. go through criminal background checks, and

c. pay penalties (to be still determined by law), as well as pay back federal taxes,

to be able to obtain a probationary immigration status,

5. Once the security measures are in place, those immigrants who are in the probationary status would be able to apply for U.S. permanent legal residence, but after other immigrants who are already in the system applying for permanent legal residence,

6. Persons who were brought to the United States as children, and agricultural farmers, would have a faster way to U.S. citizenship,

Also, to improve the immigration system, it is proposed that:

A. The delays in producing family and employment visas be eliminated,

B. U.S. residence be provided to immigrants who obtain high education degrees in science, technology, engineering, or mathematics, from U.S. colleges and universities,

C. Systems of legal employment verification be established in the United States,

D. Electronic systems be established, which could not be duplicated, to require that workers show their legal status and indentity,

E. Higher and more serious criminal penalties and fines be imposed to employers who, knowingly, hire illegal immigrants,

F. Allow employers to hire immigrants if they can show that they were not successful in hiring a U.S. citizen and that hiring an immigrant will not displace U.S. workers,

G. Create a program of agricultural workers to be able to satisfy agricultural industry’s need when U.S. citizen workers do not exist to satisfy that need,

H. Allow immigrants who have lower skills to enter the United States when the economy is based in creating jobs, and less of those immigrants when such type of economy does not exist, and

I. Allow workers who have been successful in the job market place, and who have contributed to their communities throughought the years, to gain permanent residency in the United States.

It is supposed that these immigration legal reform proposals take shape by the Spring or Summer of 2013, and that, if this reform is approved, that it will be a way for the eleven million (or more) illegal immigrants in the United States to obtain their permanent residence in the United States and, later on, their citizenship. It does not appear it will be an easy process.

Once the new laws are implemented, our Firm will be at your disposition to help you process your case. You can always call us at: (407) 649-1404, or contact us through our website of: http://www.yourattorneyinorlando.com .

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New Process and Hope to Help Illegal Relatives of U.S. Citizens through Inmigration Waiver Form I-601A

By: Attorney Alejandro R. Lopez

New hope for certain relatives of  U.S. citizens who are presently illegal in the United States.

This 4th of March, 2013, a new process will come into effect through which certain relatives of U.S. citizens who are physically  and illegaly present in the United States could ask for a  Waiver from the United States government to eliminate their “inadmissibility” and minimize the so called “penalties” of time which currently exist (which could range from 5 to 10 years), and which the U.S. government imposes, outside the United States in order to return to the country once more.

Please note that this is not an easy process and is highly complex. You can review its complexity by reviewing the new rule at:   http://www.regulations.gov/#!documentDetail;D=USCIS-2012-0003-3739  where you can see all the terms of the new rule. We recommend that, should you be interested in this new process to be able to help your husband or wife, son or daughter, or father or mother, that you have a meeting or consultation with a lawyer of your choice before you proceed in registering the form, since there are certain details in the new rule which could place in great danger the stay of your relative in the United States if the process is not carried out with detail, legality, and precision.

As always, our Firm is ready to process this type of case and we offer you consultations to advise you regarding your specific case and to determine if this waiver is a viable way  and opportunity for your relative. Call us at (407) 649-1404 or contact us through our website.

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People Inquire….Alejandro, Your Attorney in Orlando, Answers – Immigration

Can i apply for the deffered action plan with a expired passport?:   My passport hasn’t been renewed since i was 9 years old…so i was wondering if i can apply with this passport or do i need a new one?

A: Alejandro’s answer:    You just need I.D. to prove who you are, plus fulfill the requirements for deferred action. Although the passport has not been renewed, it is proof of your identity and could be used in your package.

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What is the Proposed Immigration’s New Waiver of Grounds of Inadmissibility Form?

Quite a mouthful to say: Waiver of Grounds of Inadmissibility. What is it? What is Inadmissibility? Certain foreigners, or under immigration law’s terms: “aliens”, “non-immigrants”, and “immigrants” coming into the United States can be determined to be inadmissible for many reasons. For instance, a foreigner could be inadmissible because of having committed certain crimes (for instance, prostitution, controlled substance violation under the laws and rules of any country related to the simple possession of thirty grams of marijuana, etc.); smuggling; having a communicable disease (as class A tuberculosis, gonorrhea, syphilis); persons with physical or mental disorders; having entered the United  States illegally; etc., etc.

The question then is, how does this foreigner can  ask the United States to “waive” this inadmissible condition he or she has under the law? The answer is: by filing with the United States an Application for Waiver of 0f Grounds of Inadmissibility Form I-601. This form has always been available. The difference is that, now, immigration services is considering making changes to the form to allow some immediate relatives of a United States citizen (as the citizen’s spouse, children, or parents) to obtain a provisional “waiver”  of their inadmissible condition (if they have a condition which makes him/her inadmissible) while remaining in the United States. Before, this immediate relative would have to go outside the U.S. and remain in his/her native country while serving a 3 to 10 year time penalty before coming back to the U.S.A. If this new form is approved by the government, the foreigner would be able to remain in the United States and submit his/her application for waiver and, then, wait inside the United States until his/her waiver is either granted or denied. If it is granted, the foreigner would have to leave the U.S and go to his/her native country and apply for proper entry documents, but it would not take as long a period of time as it does today.

Please notice that this new process in not in place yet. There may be unauthorized immigration practitioners who may claim, wrongly, that they can file a provisional waiver application at this time. Try to avoid those scams and protect yourself from them. Keep in touch through our News and Offers to find out when the process actually becomes available. If, and when it does, our Firm will be in a position to help you with the process.  Immigration will be determining the fees for the waiver, the documents that will be required, and the process to follow itself.

Also, note that these waivers are very difficult to present. It appears at first glance that they are very easy because of the nature of the I-601 form. However, it is the evidence, documents, and affidavits that go along with the forms which are the heart of the case. Immigration rules are very strict and must be followed. You may want to obtain the counsel of an attorney instead of attempting to process the waiver request on your own.

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