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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 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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 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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 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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 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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 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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 Posted on July 20, 2023 in English

An E-2 visa is an entrepreneurial visa allowing foreign nationals to temporarily enter the U.S. and develop a for-profit business where they own at least a 50% share and in which they've made a substantial investment. There's neither floor nor ceiling for that investment, but it's generally thought the minimum to be between $100,000 to $150,000.

Valid for three months to five years (depending on the country of origin), the E-2 visa can be renewed indefinitely if conditions are met, though the E-2 nonimmigrant must maintain an intention to leave the United States when the visa has expired.

The E-2 visa is not a path to citizenship. E-2 visa holders can adjust their immigration status, though, by obtaining a

• Marriage-based green card; or
• Company sponsored green card; or
• National interest waiver; or
• EB-5 visa; or

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 Posted on July 06, 2023 in English

A green card, also known as a Permanent Resident Card, allows its holder to live and work permanently in the United States. There are several options to obtain a green card and information is available about how to renew it.

Green cards

One of the most common paths to a green card is through a close family member. If the applicant has a close family member who is a U.S. citizen or holds a green card, they may be able to sponsor the applicant.

Usually, immediate relatives of U.S. citizens are given priority. This includes a spouse, unmarried child under 21 years old or parents of an adult U.S. citizen.

U.S. employers may also sponsor an applicant. Employers may extend job offers to employees with extraordinary abilities, like researchers, executives and to people who have an advanced degree to work in the U.S.

People who have refugee or asylum status in the U.S. may also qualify for a green card. Refugees can apply one year after they arrive in the U.S. and for those who have been granted asylum, they can apply after one year as well. There are also other special programs that offer green cards.

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 Posted on June 29, 2023 in English

Divorce is complicated, and going through a divorce as an immigrant can mean a whole new level of complications. In addition to the other worries that come with a divorce, you may worry about deportation.

The good news is that a divorce does not necessarily mean you will immediately be deported. However, you should still know how divorce will impact your immigration status, learn about your options and take any necessary steps to avoid deportation.

Conditional residents

If you are already a lawful permanent resident, your immigration status should not be affected. This is not the case if you are a conditional resident.

You are a conditional resident when you are married to a U.S. citizen or lawful permanent resident for at least two years. When you are a conditional resident, you have a 3-year residency requirement before you can become a lawful permanent resident.

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 Posted on May 19, 2023 in English

This is a common question among non-U.S. citizens who give birth to a baby while visiting the United States. Whether the mother is here on vacation or for another temporary reason that does not allow her to remain in the United States permanently or work in the United States, it can be a complex issue.

American citizenship by birth

Children born in the United States are U.S. citizens by being born on U.S. soil. However, that only gives the mother (or father, for that matter) the right to remain in the United States if they are also a citizen, in the U.S. on a visa or already have a Green Card.

An American child born to non-citizens on U.S. soil cannot immigrate their parents. The child must be a 21-year-old adult before they can sponsor their parents. In the meantime, however, the child can enter the United States as often as they like, given that they are U.S. citizens.

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