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Virginia Governor Vetoes Bill That Would Allow "Dreamers" to Work as Police Officers

 Posted on July 24, 2024 in English

Fairfax County, VA immigration attorneyThis year, Virginia lawmakers considered a bill allowing those under the Deferred Action for Childhood Arrivals Act (DACA) to train for and join law enforcement in the state. Younkin vetoed the bill, stating it could "undermine public safety" and "protect illegal immigrants."

In response to criticism of the veto, Youngkin stated that the Virginia Department of Criminal Justice Services can offer waivers for noncitizens who are permanent residents to serve as law enforcement officers on a case-by-case basis. Since most of the support for the bill came from Democrats, an override of the governor’s veto—which requires a two-thirds vote—is unlikely.

At Immigration Legal Advisors, PLLC, our immigration attorneys can help with DACA-related issues and many other immigration services. Our attorneys have over 20 years of combined experience helping those with immigration-related challenges. We understand the stress and frustration these issues can cause.

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Can Filing a Herndon Personal Injury Claim Trigger Deportation?

 Posted on July 02, 2024 in English

Herndon, VA immigration lawyerThe question of whether an undocumented immigrant can file a personal injury claim has never been addressed by the U.S. Supreme Court. Different states have reached different conclusions regarding this issue. When deciding whether undocumented immigrants have the same protections as legal immigrants, the Virginia Supreme Court has ruled in the affirmative. The Commonwealth of Virginia does not allow immigration status to be brought up during a personal injury claim.

This means undocumented immigrants have the same right to recover damages following an accident caused by a negligent party as legal immigrants. This includes medical expenses, pain and suffering, and even lost wages. Unfortunately, the issue is not always this straightforward. You must speak to an experienced Herndon immigration lawyer before filing a personal injury claim to ensure your rights are protected.

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Will my K-1 visa be denied if I do not put the kids down?

 Posted on April 15, 2024 in English

The K-1 visa pathway, often referred to as the fiancé visa (and popularized by the television show, 90 Day Fiancé), serves as a gateway for non-United States citizens engaged to Americans to enter the United States for marriage purposes. This process demands meticulous attention to detail and absolute transparency throughout the application journey. One pivotal aspect is the acknowledgment of children.

Disclosure of dependents on K-1 visa petitions

While applying for a K-1 visa, the petitioner is tasked with completing Form I-129F, which requires the disclosure of any children. Neglecting to disclose this information has substantial ramifications for the application. United States immigration law mandates the full disclosure of all particulars, including dependents, as part of the visa application protocol.

Ramifications of concealment

Failure to disclose children on the K-1 visa application may be construed as misrepresentation. Such misrepresentation can culminate in visa denial and potentially invoke a permanent ban from entering the United States. It is paramount for applicants to recognize that candor stands as the cornerstone of the immigration process.

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Immigration & Criminal Law Can Sometimes Overlap

 Posted on April 11, 2024 in English

Virginia residents who are new to the United States are often wary of dealing with law enforcement. This is understandable, but sometimes these interactions are unavoidable.

According to the law, there are instances in which law enforcement officers need a warrant to make an arrest. In others, they do not. When officers are investigating certain cases and a person who they believe might be an illegal immigrant is involved in alleged criminal activity, both criminal procedure and immigration can be involved. People in this situation should be aware of their legal rights and options.

People in the United States illegally can be arrested for it

Virginia law says that, under certain situations, law enforcement officers have the power to make arrests without a warrant. That includes State Police, sheriffs, members of a city or town police force, U.S. Coast Guard and Coast Guard reserves, members of the Capitol Police and others.

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What are the options when immigrants face expedited removal?

 Posted on March 24, 2024 in English

For people who are already in the United States and are confronted with the possibility of being deported, there may be protections available.

Some are dealing with expedited removal. This means that the person can be removed and does not have the right to a hearing or review. It is important to remember that there are exceptions to expedited removal and some might be able to avoid it. They could even be allowed to remain in the United States.

Expedited removal and exceptions

The following people can be subject to expedited removal:

  • People who enter the country without valid entry documents and those who enter the United States by using fraud or misrepresentation
  • Those who arrived by sea without valid documents and were not admitted into the United States or paroled by immigration authorities, and cannot show they were physically in the country for a minimum of two years before they were apprehended.

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How might my immigration status affect child custody?

 Posted on September 15, 2023 in English

If a non-citizen living in Northern Virginia suddenly finds themselves facing a custody proceeding, they may worry that the other parent or the court may use their immigration status against them.

The good news is that immigration is not a factor Virginia courts consider when deciding custody or parenting time. This is true even if a person does not have legal authorization to be in the United States.

A person's immigration status simply does not have a bearing on the best interest of a child, which is always a Virginia court's main concern. Furthermore, a person's right to have a relationship with their child should not get set aside because of that person's citizenship or immigration status.

A person's immigration status can indirectly affect their custody rights

However, indirectly, a person's immigration status can affect custody rights and parenting time.

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Applying for asylum in the United States

 Posted on August 31, 2023 in English

The United States welcomes immigrants each year from all parts of the world. Some of them are seeking asylum, which means they have experienced persecution or are in fear of persecution in their country and want to stay in the United States. There are several steps they must follow.

Reasons for asylum

There are several reasons a person may seek asylum in the United States. These include being targeted based on their race, ethnicity, religious beliefs or practices, or nationality. Also, if they are persecuted based on their political beliefs, criticism of their government or association with certain groups, they may seek asylum for those reasons.

A person applying for asylum must be able to specifically demonstrate their fear of persecution, which can include physical harm, discrimination and threats.

Process overview

The person requesting asylum must be physically present in the United States and must complete an application. The application usually must be filed within one year of the applicant's arrival.

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What if an immigrant is being unlawfully detained?

 Posted on August 30, 2023 in English

In recent years, immigration has been such a difficult issue to navigate that many people are nervous about their status. Even people who have done their best to follow the law wonder what might happen to them if they are investigated and arrested. Many in Virginia worry they could be detained and deported

This is not limited to people who are unfamiliar with the system. Even those who have been in contact with the Immigration and Customs Enforcement are vulnerable. Often, it might seem as if they are at the whim of ICE and are detained without legal justification.

Critics say that has been the case for three Central American men who were detained but not deported.

Three men detained

According to news reports, the three men were detained by ICE. All three were undocumented and had previous encounters with law enforcement for various reasons – driving under the influence, a traffic stop, an unspecified past conviction – but had been allowed to remain in the United States. They told the judges in their cases that they would be subject to persecution and potentially torture in their home countries if they were deported.

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Do I have to tell the police my immigration status?

 Posted on August 03, 2023 in English

Talking to police makes most people anxious and stressed, even if they have done nothing wrong. If you are an immigrant and have an encounter with the police or immigration agents, the experience can be even more frightening, especially if you are asked about your immigration status.

You have certain constitutional rights in the United States, regardless of your immigration status. One of these is the right to remain silent.

No, and here's why

This means you do not have to tell police or immigration officers your immigration status, even if they ask. In most cases, your immigration status has nothing to do with the reason the police are speaking to you, so there is no reason they need to know it.

Saying anything about your immigration status, or any other topic, can be used against you in court. Therefore, you should stay silent and ask for an attorney.

Providing immigration documents

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Can you be deported because of a DUI?

 Posted on July 27, 2023 in English

Drunk driving is dangerous. According to the Virginia Department of Motor Vehicles, 32% of all fatal traffic accidents in the state in 2019 were alcohol-related.

In an effort to improve traffic safety, Virginia has some of the toughest DUI penalties in the nation. Even someone convicted for a first-offense DUI faces a mandatory minimum fine of $250 and may have their driver's license suspended for one year.

For people who are not U.S. citizens, the consequences of a DUI conviction can be even more severe. Some immigrants convicted of DUI face the possibility of deportation.

Deportable offenses

Generally, an undocumented immigrant can face deportation if they are convicted of any criminal offense. It's possible they can be deported even before conviction.

Documented immigrants have somewhat more protection from deportation. They can be deported if they are convicted of certain types of crimes. Among the most common are weapons offenses and certain drug crimes. Those convicted of aggravated felonies (typically, but not always, involving crimes of violence) can be deported, as can those convicted of "crimes involving moral turpitude."

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