Navigation Menu+

Finding Work, Housing and Happiness as an Immigrant

Faqs About Voluntary Deportation

Posted by on 3:15 pm in Uncategorized | Comments Off on Faqs About Voluntary Deportation

When it is determined that you do not have a legal right to remain in the United States, you must be deported. Contrary to popular belief, not all non-citizens are involuntarily deported. You can opt to leave the country voluntarily, which could prove beneficial to you in the long run. If you have been notified you must leave the country, here is what you need to know.  What Is Voluntary Deportation? A voluntary deportation is essentially you leaving the country on your own at your own expense. As a result of voluntarily leaving, you avoid many of the consequences that come with being involuntarily removed from the country.  Voluntary deportation is a process and there are steps you must follow before you leave. If you fail to take the right steps, you could have trouble regaining entry into the country at a later time.  What Steps Must You Follow? In order to qualify for voluntary deportation, you must formally request it. You have three chances to request it before the government takes the step of removing you. Your first opportunity is when you receive notice that a removal hearing has been scheduled for you.  If you choose to go at that point, you need to contact the Department of Homeland Security, or DHS, and complete the proper documentation. Once the documentation is approved, you will receive a date by which you must leave. You need to provide the DHS with a copy of your traveling plans before that date.  Your second and third opportunity to leave come at the removal hearing. You can opt to request voluntary deportation at the beginning and conclusion of the hearing. Your request can be made to the judge presiding over the hearing.  It is important to note that if you wait until the conclusion of the hearing and the judge ruled that you were to be deported, your request for voluntary deportation might not be approved. At that point, the court has already ruled that you must leave. However, it is possible the judge will allow you to leave on your own.  Why Is Voluntary Deportation Beneficial? Voluntarily leaving the country helps you to avoid a ban. Some non-citizens who are found to be in the country illegally are banned from re-entering the country for periods of time. If you voluntarily leave, there is a good chance you can start the process to re-enter the country legally as soon as you get home.  It also looks better on your application that you chose to leave rather than being forced to leave.  If you are unsure whether or not voluntary deportation is right for you, consult with an immigration attorney like those at the David Borts Law Office. He or she can help you decide and start the...

read more

Immigration & Divorce: 3 Questions Answered

Posted by on 5:22 pm in Uncategorized | Comments Off on Immigration & Divorce: 3 Questions Answered

The road towards naturalization is long and full of hurdles. If you’ve worked hard to become a naturalized citizen (or are currently working towards this goal), but are in the process of divorcing your U.S.-born spouse, you may wonder what this can mean for your citizenship status. Below are answers to three of the most troublesome questions you may have. Question #1: If I Have a Green Card but am Not Yet Naturalized, Can I Be Deported? There are a number of reasons that individuals currently holding a green card can be deported, but unless you’ve committed marriage fraud, divorce isn’t one of them. If you were married for less than 2 years when you received your green card, you could face some difficulty when your case gets reviewed. There are a number of reasons you and your ex-spouse may have divorced, and an experienced immigration lawyer can help you gather the information you need to prove your marriage wasn’t a fraud, such as shared banking information, rental agreements, and records of marital counseling. If you were married for more than 2 years before receiving your green card but less than 3 years after receiving it, you will have an additional 2 years added onto your naturalization wait time for a total of 5 years, which is the normal wait for non-married green card holders. However, you won’t be deported unless fraud is suspected. Question #2: If I Became a Naturalized Citizen During My Marriage but Divorced Soon After, Can I Be Deported? Except for in extreme cases, naturalized citizens cannot be deported as they are now full United States citizens. As long as you were truthful throughout the permanent residence and naturalization process, you shouldn’t fear denaturalization and the resulting deportation. If, however, you only married to receive citizenship or committed other fraudulent acts during the process of naturalization, denaturalization can occur, stripping you of your legal citizenship status. If you’re worried about your rights as a naturalized citizen, consult with an immigration attorney. They can answer all of your questions and, if necessary (though this is extremely rare), they can help you to fight denaturalization. Question #2: If I’m Not Yet Naturalized, Will My U.S.-Born Spouse Receive Custody of Our Child? There are a lot of factors that go into a child custody decision, and while citizenship may be one of them, it isn’t the only thing that’s considered. Family court will consider the best interests of your children when deciding which parent will be awarded custody or whether custody will be shared. If deportation seems like a real possibility for you, the judge deciding custody may consider this a strike against you, but if you’re in the country legally (i.e. have a green card), family court will likely not give your status much thought. An immigration attorney with experience in child custody can best offer advice for your current situation. The process of legal immigration can be time consuming and, when faced with divorce, downright terrifying. If you’re in the process of receiving a green card, are working towards becoming a naturalized citizen, or have already received naturalized citizenship, you may have questions surrounding your legal status and how your divorce will effect it. An experienced immigration lawyer is your best bet for understanding your rights, no...

read more

Hiring Alien Workers Is Easier When Collaborating With An Immigration Lawyer

Posted by on 3:07 pm in Uncategorized | 0 comments

Hiring foreigners has become a real challenge after the latest financial crisis, as the federal government tries to make sure that only U.S. citizens and permanent residents have access to American jobs. Yet, U.S. employers have been complaining about the lack of domestic workers for positions requiring qualifications that few Americans possess, such as in maths or IT. This is why these entities are turning to foreign labor. If you’re a business owner and have one or more alien workers that you want to sponsor, then you must work with an attorney. Here’s why. The attorney knows how to overcome the barriers to foreign labor sponsorship As mentioned earlier, the federal government seeks to protect Americans from being negatively affected by the interests of alien workers in U.S-based job openings. To enforce such a protection, the government requires that all employers seeking to hire aliens meet a variety of eligibility criteria. Of all those requirements, proving that there’s no American worker willing or available to hold the advertised job opening is by far the most challenging to meet. The completion of this requirement mandates that you create a position and advertise it through popular channels, such as employment sites or newspapers, for 30 consecutive days. Overcoming this barrier isn’t simple, especially since a fraud audit might be triggered at any given time. For example, if the job description is curtailed based on the qualifications of your alien worker, then the petition will be flagged as fraudulent. Working with an attorney will help you avoid finding yourself in such a situation. The immigration lawyer will help your alien worker secure their work visa Assuming that no fraud audit is triggered, your alien worker will receive a labor certification from the Department of Labor (DOL). Sometimes referred to as the permanent labor certification (PERM), this document will then need to be submitted to the USCIS when filing the work visa petition for your alien worker. This step is less complicated than the one described above since the USCIS officer will simply review some of the documents that you submitted before. As soon as the work visa is issued, your alien employee may start working legally. Securing a work visa for alien workers is an arduous, but not impossible task to complete. To make sure that you won’t spend money in vain in USCIS fees, hire an immigration attorney and have the peace of mind that you will soon be able to use the qualifications of the alien worker to grow your...

read more