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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 Posted on May 16, 2023 in English

With the increase in violence in the world, most notably in Ukraine and Sudan, the mechanics of the program known as Temporary Protected Status (TPS) are worth revisiting.

An overview of the TPS program

The TPS program was created by Congress in 1990 as part of the Immigration Act of 1990. The program permits the Secretary of Homeland Security to designate countries that are undergoing armed conflict, environmental disaster, or extraordinary and temporary conditions.

The program provides a work permit and stay of deportation to foreign nationals from any of the designated TPS countries who are in the United States at the time that the Secretary makes the designation.

Approximately 354,625 TPS eligible individuals are living in the United States, and an additional 274,820 individuals may be eligible for TPS under five additional designations announced by the Biden Administration since February 16, 2022.

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 Posted on May 09, 2023 in English

Sometimes a person enters the United States as the fiancé of a U.S. citizen to get married and live in the United States. If so, they might be granted a conditional green card. The conditional green card is granted to those who have been married less than two years from the date the green card was issued.

Once two years has passed since their arrival in the United States, the conditional green card holder can apply with their spouse to have the conditions removed. Generally, this must be done jointly by the spouses. But what if the green card holder is no longer married when this time comes? Can they renew their green card and stay in the United States?

Green cards and divorce

If you have a permanent green card, and you divorce, your divorce generally will not affect your ability to renew your green card. You can remain in the United States, barring any circumstances that would warrant removal.

If you have a conditional green card, and you divorce, you might encounter some issues when the time comes to renew your green card.

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 Posted on May 01, 2023 in English

The First Amendment to the U.S. Bill of Rights guarantees the rights to free speech and assembly. But these may clash with the federal Immigration and Nationality Act that makes it unlawful to encourage a noncitizen to come into, reside or enter this country illegally. This encouragement provision of U.S. immigration law is currently before the U.S. Supreme Court.

Encouragement provision

Taking this law at face value, a prosecutor may seek a conviction if a person knew or recklessly disregarded that a noncitizen's entry into the country or residence would be illegal.

There are apparently no limits because the prosecution does not require a speaker to intend that a noncitizen commit a crime or that the criminalized speech be directed to an undocumented immigrant.

This INA provision took effect in 1986 and updated other laws that prohibited advertisements of U.S. job opportunities overseas and encouraging or inducing non-citizens to enter this county. Other provisions of that law criminalize harboring and transporting noncitizens who are in this country illegally or bringing noncitizens into the U.S. without limit.

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 Posted on April 17, 2023 in English

If you are an immigrant living in Virginia, you may wonder how a criminal conviction could affect your immigration status. The answer is not simple because different crimes and sentences may have different consequences, depending on your immigration status and history. However, some general principles can help you understand the potential risks.

Deportation or removal

First, it is important to know that any criminal conviction can make you vulnerable to deportation or removal proceedings, even if you are a lawful permanent resident (Green Card holder) or have a valid visa. This is because the federal immigration law defines certain crimes as grounds for deportation or inadmissibility, regardless of the state law or the severity of the offense.

These potential problematic crimes include aggravated felonies, which are serious crimes, like murder, rape, drug trafficking, fraud, money laundering, etc. Crimes involving moral turpitude, which are crimes that involve dishonesty, fraud, violence or depravity, such as theft, assault, forgery, perjury, etc., can flag you for deportation or removal. Crimes related to domestic violence, such as battery, stalking, child abuse, violation of a protective order, etc., can also qualify.

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