Articles

DACA Travel Risks: Advance Parole and Legal Precautions

DACA Travel Risks: A Guide to Advance Parole and Legal Precautions

October 10, 2024

For DACA (Deferred Action for Childhood Arrivals) recipients, navigating travel outside the United States comes with some challenges. Understanding these risks and staying compliant with legal requirements are essential to protect your status. Here is a guide to securing Advance Parole, and how an immigration law firm can help your case.

What is Advance Parole?

Advance Parole is a document for DACA recipients who wish to travel outside the United States. Known officially as Form I-512L, this document grants temporary permission for DACA holders to leave and re-enter the country. It’s important to note that obtaining Advance Parole approval is mandatory before any international travel plans are made.

The U.S. Citizenship and Immigration Services (USCIS) grants Advance Parole for specific situations, primarily falling into three categories: humanitarian reasons, educational purposes, or employment-related needs. Each category has its own set of criteria and documentation requirements, emphasizing the importance of a well-prepared application.

Eligibility for Advance Parole as a DACA Holders

Not all individuals associated with the DACA program are eligible to apply for Advance Parole. This option is exclusively available to current DACA recipients – those whose DACA status is active and valid. If you’re in the process of applying for DACA or awaiting a decision on your application, you cannot apply for Advance Parole.

The reasons for which DACA recipients can apply for Advance Parole are specific and limited. These include seeking medical care abroad, participating in academic research, or fulfilling work assignments outside the U.S. It’s crucial to provide substantial evidence supporting your need for travel within these categories.

It’s worth noting that there are currently restrictions on initial DACA applications, and USCIS has processing limits in place. These factors can impact the overall timeline and feasibility of obtaining Advance Parole for some individuals.

Understanding the Risks of International Travel for DACA Recipients

While Advance Parole provides a legal avenue for travel, it’s essential to understand that it doesn’t guarantee a smooth re-entry into the United States. One of the most significant risks is the possibility of being denied re-entry, even with an approved Advance Parole document. Customs and Border Protection (CBP) officers have discretion in these matters, and various factors can influence their decision.

The most important risk to consider is the potential loss of DACA status. Leaving the U.S. without proper authorization can lead to automatic termination of DACA benefits. This underscores the absolute necessity of obtaining Advance Parole before any international travel.

Legal Precautions Before Traveling

Given the complexities associated with international travel for DACA recipients, seeking legal counsel is essential. Consulting with an experienced immigration attorney at an immigration law firm before making any travel plans can help you understand your specific situation and associated risks.

This legal guidance is particularly crucial for individuals with unresolved voluntary departure orders or removal proceedings. An attorney can help you navigate these complex situations, potentially reopening immigration court cases or finding ways to avoid long-term bans from the U.S.

An immigration lawyer can also help prepare an Advance Parole application, ensuring that all necessary documentation is included and that your case for travel is presented in the most compelling manner possible.

The Application Process for Advance Parole

The process of applying for Advance Parole can be somewhat complex, but following the correct steps can help avoid delays or denials. DACA holders must complete Form I-131, Application for Travel Document, and submit it to USCIS along with the required supporting documents. These documents typically include evidence supporting your reason for travel, such as medical records, an employment letter, or an academic invitation, depending on the nature of your travel request. A copy of your current, valid DACA status and work authorization card must also be included.

The application requires a filing fee, which is non-refundable regardless of the outcome. Once your application is submitted, USCIS will review the materials and make a decision, which can take several weeks or even months. In some cases, USCIS may request additional information or clarification about the purpose of your travel. It is essential to respond promptly to these requests to avoid further delays. If your Advance Parole application is approved, you will receive the I-512L document, which authorizes you to travel and re-enter the U.S. within the designated time frame.

Consequences of Traveling Without Advance Parole

For DACA recipients, traveling outside the U.S. without Advance Parole can have severe and lasting consequences. If you leave the country without this document, you risk losing your DACA status entirely, which can lead to deportation and the inability to return to the U.S. This is because DACA provides temporary protection from deportation, but it does not grant lawful immigration status. By leaving the country without Advance Parole, you are effectively abandoning your DACA protection.

Even if you have lived in the U.S. for many years and have built a life here, departing the country without authorization can trigger bars to re-entry, particularly if you have accumulated unlawful presence. For instance, individuals who have been unlawfully present in the U.S. for more than 180 days may face a three-year bar to re-entry, and those with more than one year of unlawful presence may face a ten-year bar.

Contact Cambridge Immigration Law for Expert Guidance From an Immigration Law Firm

Managing international travel as a DACA recipient can be challenging and filled with potential pitfalls. At Cambridge Immigration Law, we provide legal guidance to DACA recipients considering travel abroad. Contact Cambridge Immigration Law today for a consultation with our immigration law firm and let us help you figure out international travel with confidence.

Citizenship Denied? How an Immigration Attorney Can Help You Succeed

September 19, 2024

The path to U.S. citizenship through naturalization can be complex and challenging. For many applicants, the process ends in disappointment when their application is denied. This rejection can be devastating, but it’s important to remember that denial doesn’t necessarily mean the end of your journey – you just need the help of an attorney for citizenship.

What Are the Most Common Citizenship Denial Reasons?

There are several reasons why the U.S. Citizenship and Immigration Services (USCIS) might deny a naturalization application. One of the most frequent is failing the English or civics test. These tests are designed to assess an applicant’s knowledge of the English language and U.S. government and history. Proper preparation is key to overcoming this hurdle.

Another common issue is not meeting the residency requirements. Generally, applicants must have lived in the United States for at least five years before applying for citizenship. This requirement ensures that potential citizens have had sufficient time to integrate into American society and culture.

The “good moral character” requirement is another area where many applicants face challenges. This broad category can include issues such as criminal convictions, failure to pay taxes, or other behaviors that USCIS deems incompatible with citizenship. It’s crucial to address any potential red flags in this area before applying.

Financial obligations can also impact your application. Failing to meet child support payments or other financial responsibilities may lead to a denial. Similarly, male applicants who were required to register for Selective Service but failed to do so may face difficulties in their citizenship journey.

How Do You Appeal Naturalization Denial?

If your application is denied, don’t lose hope. You have the right to appeal the decision. The appeals process typically begins with filing a request for a hearing with USCIS. This hearing allows you to present additional evidence and argue your case before an immigration officer.

Filing a Legal Motion When Your Naturalization Application Is Denied

In some cases, filing a legal motion may be appropriate. For instance, if new evidence becomes available after your initial application was denied, your attorney might file a motion to reopen your case. Alternatively, if you believe the denial was based on an error of law or fact, a motion to reconsider could be the right approach.

If administrative appeals are unsuccessful, you may have the option to take your case to federal district court. This step involves filing a lawsuit against USCIS, arguing that your denial was improper.

Contact Cambridge Immigration Law for a Consultation with an Attorney for Citizenship

If you’re facing citizenship denial or are concerned about potential issues with your application, don’t hesitate to get professional help. Contact Cambridge Immigration Law, and our attorneys for citizenship will help you achieve your goal of becoming a U.S. citizen.

How an Immigration Marriage Lawyer Can Simplify Your Journey

September 13, 2024

Immigration law can be an intimidating process, especially when it comes to marriage-based immigration. The process involves numerous legal complexities, extensive paperwork, and potential challenges that can overwhelm even the most prepared individuals. Here is how an immigration marriage lawyer can simplify your journey.

Expert Knowledge And Experience

Immigration law is constantly evolving, with regulations and procedures subject to frequent changes. Immigration marriage lawyers possess a deep understanding of these complexities, staying up-to-date with the latest developments in the legal landscape. Their expertise allows them to navigate the intricate maze of immigration policies, ensuring that your case is handled with precision and care.

Navigating Complexities And Avoiding Pitfalls

The immigration process is often filled with potential pitfalls that can derail your application or cause significant delays. An experienced immigration marriage lawyer can help you avoid these obstacles by ensuring that all necessary documentation is properly prepared and submitted. They can guide you through each step of the process, explaining complex legal jargon in simple terms and helping you understand what to expect at each stage.

Advocacy And Representation

Throughout your immigration journey, you may encounter various challenges, such as requests for evidence, interviews, or even accusations of fraud. In these situations, having an immigration marriage lawyer by your side can be invaluable. They can provide strong advocacy and representation, ensuring that your rights are protected and your case is presented in the best possible light.

When To Hire An Immigration Marriage Lawyer?

While some people may be able to navigate simpler immigration cases on their own, there are several situations where hiring an immigration marriage lawyer is highly recommended:

Complex cases involving unusual circumstances or previous immigration issues
Language barriers or limited access to accurate information
High-stakes situations where the consequences of errors could be severe
Cases requiring extensive documentation or evidence-gathering

Tips For Finding The Best Immigration Marriage Lawyer

Selecting the right immigration marriage lawyer is a critical decision that can significantly impact your case. Here are some tips to help you find the best legal representation:

Start by getting recommendations from trusted sources, such as friends, family, or community organizations. Online research can also be valuable, but be sure to verify credentials and read client reviews.

Schedule consultations with potential lawyers to discuss your case and assess their communication style and responsiveness. Pay attention to how well they explain complex legal concepts and whether they make you feel comfortable and confident.

Contact Cambridge Immigration Law for a Case Evaluation from an Immigration Marriage Lawyer

If you’re seeking expert guidance for your marriage-based immigration case, contact Cambridge Immigration Law. We offer personalized attention, comprehensive legal support, and a deep understanding of the complexities involved in marriage-based immigration cases. Contact us today to schedule a consultation with an immigration marriage lawyer and take the first step towards a smoother, more confident immigration journey.

Biden’s New Immigration Policy: Family Unity and What It Means for You

September 10, 2024

U.S. immigration policy is constantly evolving, and the recent announcement from the Biden-Harris administration marks a significant shift in approach. Here’s what you should know about the new policy and how you can get answers from an immigration lawyer.

Overview of Biden’s Immigration Announcement

On June 18, 2024, the Department of Homeland Security (DHS) unveiled a groundbreaking initiative designed to promote family unity within the immigration process. This new policy, which took effect on August 19, 2024, introduces a process for considering parole-in-place requests from certain noncitizen spouses of U.S. citizens who have been in the country for at least a decade.

This announcement aligns with the administration’s commitment to keeping families together and represents a significant shift in immigration policy. It allows eligible noncitizens to apply for lawful permanent residence based on their marriage to a U.S. citizen without having to leave the United States.

Impact on Immigration Benefits

The new policy expands eligibility criteria for certain noncitizens, potentially benefiting thousands of families across the nation. To be considered for this discretionary grant of parole, applicants must meet several key requirements. These include being present in the U.S. without admission or parole, having been continuously present in the country for at least 10 years as of June 17, 2024, and having a legally valid marriage to a U.S. citizen as of the same date.

Additionally, applicants must not have any disqualifying criminal history or pose a threat to national security or public safety. The policy may also extend to certain noncitizen children of eligible applicants, provided they meet specific criteria.

This change could have far-reaching effects on immigration policy, potentially paving the way for more family-friendly approaches in the future.

Steps to Prepare for the New Policies

Applications are being accepted from August 19, 2024, and there are several steps potential applicants can take to prepare. Gathering necessary documentation is crucial. This may include evidence of a legally valid marriage to a U.S. citizen, proof of identity, evidence of the spouse’s U.S. citizenship, and documentation establishing continued presence in the United States for at least 10 years.

For those considering applying for their noncitizen children, additional documentation will be required to prove the child’s relationship to the noncitizen parent and their presence in the U.S. as of June 17, 2024.

It’s also advisable for interested parties to create or update their myUSCIS account at my.uscis.gov. This will ensure they have easy access to the latest information and updates regarding the application process.

What to Expect

On August 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) began accepting applications under this new process. A Federal Register notice was published prior to this date, providing detailed information about eligibility criteria, the application process, required forms, and associated filing fees.

How Cambridge Immigration Law Can Assist You

Navigating the complexities of immigration law can be challenging, especially with new policies being introduced. At Cambridge Immigration Law, we are committed to staying up-to-date with the latest developments and providing expert guidance to our clients.

Our team of experienced immigration lawyers can assist you in preparing this new application. We offer services including document review, application preparation, and ongoing support throughout the immigration process. Our goal is to ensure that you are well-prepared and informed every step of the way.

It’s also important to be aware of potential immigration scams. Always apply through official government website links, or with the help of an immigration lawyer. Be wary of individuals or organizations that have not been verified, and always verify the credentials of anyone offering immigration services yourself.

Understanding the Broader Context of Family-Based Immigration in the U.S.

Historically, family-based immigration has accounted for a significant portion of legal immigration to the United States. This category includes immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of adult U.S. citizens) as well as more distant relatives who fall under family preference categories.

However, the system has faced challenges. Long wait times, complex procedures, and numerical limitations on certain categories have often resulted in families being separated for extended periods. Additionally, those who entered the country without inspection or overstayed their visas have faced significant hurdles in adjusting their status, even if married to U.S. citizens, which is why it’s so important to get the help of an immigration lawyer.

The new policy announced by the Biden administration aims to address some of these challenges, particularly for long-term residents who are married to U.S. citizens but have been unable to adjust their status due to their manner of entry. This represents a shift towards a more compassionate approach to immigration enforcement, recognizing the contributions and ties of long-term residents to their communities.

Contact Cambridge Immigration Law to Speak with an Immigration Lawyer

At Cambridge Immigration Law, we understand that every immigration case is unique. Our team of dedicated immigration lawyers is here to help you through this new process and any other immigration matters you may face.

Getting Guidance for Your American Dream From an Immigration Lawyer

August 21, 2024

Immigration law is the gateway to new life in the United States. The process is often filled with confusing paperwork, legal jargon, and intricate procedures that can overwhelm even the most determined individuals. This is where the expertise of an immigration lawyer becomes invaluable.

Understanding Your Rights and Options

One of the primary benefits of working with an immigration lawyer is gaining a clear understanding of your rights and options. Immigration laws are constantly evolving, and it can be challenging to stay informed about the latest changes. An experienced attorney can explain your situation in simple terms, outlining the various paths available to you and helping you make informed decisions about your future.

Navigating the Path to Citizenship

For many immigrants, the ultimate goal is to become a U.S. citizen. However, the road to citizenship is often long and complex. An immigration lawyer can be your guide on this journey, helping you understand each step of the naturalization process. From filing the necessary paperwork to preparing for citizenship interviews, your attorney will ensure that you’re well-prepared for every stage of the process.

Streamlining the Immigration Process

The immigration process involves a substantial amount of paperwork and documentation. Errors or omissions in these forms can lead to delays or even denials of your application. An experienced immigration attorney can help you complete all necessary documents accurately and efficiently, reducing the likelihood of setbacks in your case.

Comprehensive Legal Support Throughout Your Journey

From the moment you begin considering immigration to the United States, an immigration lawyer can provide legal assistance. They can assist with multiple aspects of your case, including:

Preparing and filing necessary paperwork
Representing you in immigration court proceedings
Advising on visa options and eligibility requirements
Helping you reunite with family members
Addressing potential deportation issues
Assisting with green card applications and renewals

Representation in Immigration Court

If you find yourself facing deportation proceedings or other legal challenges, having a skilled immigration lawyer by your side is crucial. They can represent you in immigration court, argue your case effectively, and work to protect your rights and interests throughout the legal process.

Contact Cambridge Immigration Law for a Consultation with an Immigration Lawyer

When it comes to immigration matters, expert legal guidance can make all the difference. At Cambridge Immigration Law, our team of experienced immigration lawyers help immigrants navigate the complex U.S. immigration system. Contact us to schedule a consultation and take the first step towards achieving your immigration goals with confidence.

Essential Tips for a Successful U.S. Work Permit Application

August 7, 2024

The process of obtaining a work permit in the United States can be complex, but it’s an essential step for many immigrants looking to start looking for employment opportunities. Whether you’re a student, asylum seeker, or adjusting your status, here are some essential tips to apply for a work permit.

Understand Your Eligibility

Eligibility typically depends on your current immigration status or pending applications. Some common categories include:

DACA recipients
Asylum seekers
F-1 students experiencing financial hardship
Applicants with pending green card applications
Spouses of certain visa holders

Prepare Your Application Thoroughly

When applying for a work permit, attention to detail is very important. Here are some essential steps to follow:

Complete Form I-765 accurately
Gather all necessary supporting documents
Include recent passport-style photos
Pay the correct filing fee (if applicable)

Prepare Your Application Package Carefully

Complete Form I-765 Accurately

Pay special attention to questions about your most recent entry into the U.S. and your eligibility category.

Gather Supporting Documents

Include copies of your passport, visa, I-94 record, and any previous work permits.

Provide Proper Identification

If it’s your first work permit application, include additional identification such as a birth certificate or national ID card.

Photos

Ensure they meet USCIS specifications.

Pay Close Attention to Fees

Most work permit applications require a $410 filing fee. Some applicants, like those applying for DACA, must also pay an $85 biometrics fee. Be sure to check the current USCIS fee schedule, as amounts can change. Some applicants may be eligible for fee waivers, so research this option if applicable to your situation.

Consider Applying for a Social Security Number Simultaneously

Form I-765 allows you to apply for a Social Security number along with your work permit. Take advantage of this option to streamline the process and ensure you’re ready to begin working as soon as your permit is approved

Contact Cambridge Immigration Law to Apply for a Work Permit

Navigating the work permit application process can be complex, but you don’t have to do it alone. At Cambridge Immigration Law, our experienced attorneys can guide you through each step, from determining your eligibility to preparing a strong application package. Contact us today to schedule a consultation and take the first step to apply for a work permit.

A US Citizen’s Guide to Sponsoring a Spouse for a Visa

July 26, 2024

Marriage visas, also known as marriage-based green cards, offer a path for couples to build their lives together in the United States. Here, we’ll walk you through the aspects of sponsoring your spouse for a marriage visa, and how to find the right marriage visa attorney to help you through the process.

Eligibility Requirements for Marriage Visas

To qualify for a marriage-based visa, several key criteria must be met. Primarily, you must be legally married to your foreign spouse. This means having a marriage certificate from a recognized government authority, whether the ceremony took place in the US or abroad. It’s important to note that domestic partnerships or common law marriages may not be recognized for immigration purposes unless they meet specific legal criteria.

Proving a Bona Fide Marriage

The US government takes marriage fraud very seriously and will scrutinize your relationship closely. Be prepared to provide extensive documentation showing that you’re establishing a life together, such as joint bank accounts, shared lease agreements, and photos of your life as a couple.

The Sponsorship Process

As a US citizen sponsoring your spouse, you’ll need to prove your own citizenship status. This can be done through documents such as a US birth certificate, passport, or naturalization certificate. You’ll also need to demonstrate that you can financially support your spouse, which typically involves meeting certain income requirements or finding a joint sponsor.

Potential Challenges for Immigrant Spouses

Immigrant spouses may face unique challenges during and after the visa process. These can include maintaining legal status if already in the US, dealing with employment restrictions, and navigating the complexities of the US financial system. It’s crucial to understand these potential hurdles and plan accordingly.

Guide to Sponsoring a Spouse for a Visa

The Importance of Timing and Planning

The timeline for obtaining a marriage-based visa can vary significantly depending on individual circumstances. It’s important to start the process as early as possible and be prepared for potential delays. Understanding the different steps involved, from filing initial paperwork to attending interviews, can help you set realistic expectations and plan your life together more effectively.

Conditional Permanent Residency

For couples married less than two years when the green card is approved, the immigrant spouse will receive conditional permanent residency. This status is valid for two years, after which you’ll need to jointly file to remove the conditions and obtain full permanent residency. This process serves as an additional check to make sure the marriage remains bona fide.

Contact Cambridge Immigration Law for Marriage Visa Attorney

At Cambridge Immigration Law, we specialize in helping couples unite their lives in the United States. Our experienced marriage visa attorneys understand the nuances of both family and immigration law, ensuring that your case is handled with expertise and care. Contact us today to schedule a consultation and take the first step towards securing your future together in the US.

Demystifying U.S. Citizenship: Expert Guide from Immigration Lawyers

July 24, 2024

Becoming a United States citizen is a milestone in an immigrant’s life. It represents a deep commitment to the country and its values, while granting important rights and responsibilities. However, the path to citizenship can often seem complex, so let’s review the naturalization process with insights from citizenship immigration lawyers.

Understanding Citizenship Options

There are multiple routes to obtaining U.S. citizenship, each with its own set of requirements:

Naturalization: This is the most common path for adult immigrants, typically requiring at least 5 years of permanent residency.
Marriage to a U.S. Citizen: This can potentially expedite the process, reducing the residency requirement to 3 years.
Military Service: Active duty service members may have special provisions for naturalization.
Acquisition through Parents: In some cases, individuals may acquire citizenship through their U.S. citizen parents.

The 10-Step Naturalization Process

While the specifics can vary, the general naturalization process involves these key steps:

Determine Eligibility: Review the requirements and ensure you qualify.
File Form N-400: Submit your naturalization application.
Biometrics Appointment: Provide fingerprints and photographs.
Interview and Testing: Demonstrate your knowledge of English and civics.
Decision: Receive USCIS’s determination on your application.
Oath of Allegiance: Participate in a naturalization ceremony.

Common Challenges and Considerations

Language and Civics Test

Many applicants find English and civics tests intimidating. However, with proper preparation, these can be manageable hurdles. USCIS provides study materials to help you prepare.

Document Preparation

Gathering all necessary documents can be time-consuming. Start early and be thorough to avoid delays in your application process. Get help from citizenship immigration lawyers.

Legal Complexities

Immigration law is complex, and even small mistakes can have consequences. Consider seeking professional legal guidance from a citizenship immigration lawyer to avoid potential issues with paperwork or filing.

Benefits of Citizenship

Becoming a U.S. citizen offers numerous advantages:

The right to vote in federal elections
Ability to travel with a U.S. passport
Eligibility for federal jobs
Protection from deportation

Potential Impacts

Dual citizenship can affect various aspects of your life, including:

Tax obligations
Military service requirements
Access to consular services while abroad
Eligibility for certain government jobs

Maintaining Permanent Residency vs. Citizenship

While some may choose to remain permanent residents, citizenship provides a higher level of security and engagement in American civic life. It’s a personal decision that depends on individual circumstances and goals, and we’d be happy to discuss your goals for citizenship to determine the best course for you

Contact Cambridge Immigration Law to Speak with a Citizenship Immigration Lawyer About Citizenship and Naturalization

Navigating the citizenship process can be lengthy and complex, but you don’t have to do it alone. At Cambridge Immigration Law, our experienced citizenship immigration lawyers specialize in citizenship and naturalization cases. We can guide you through each step of the process, from determining eligibility to preparing for your naturalization interview.

NAVIGATING SPECIAL IMMIGRANT JUVENILE (SIJ) CLASSIFICATION: A PATHWAY TO PROTECTION AND PERMANENT RESIDENCY

June 21, 2024

If you are a young person in the United States who has experienced abuse, abandonment, or neglect by a parent, you may be eligible for Special Immigrant Juvenile (SIJ) classification. This classification can provide a pathway to lawful permanent residency (Green Card). Here’s a comprehensive guide to understanding the SIJ classification, including eligibility criteria, the application process, and what to expect.

Who Can Apply for SIJ Classification?

To be eligible for SIJ classification, you must meet the following requirements:

Age Requirement: You must be under 21 years old at the time you file the SIJ petition (Form I-360).
Residency: You must be currently living in the United States. Applications cannot be submitted from outside the country.
Marital Status: You must be unmarried at the time of filing and when USCIS makes a decision on your petition. This includes:
- Never having been married, or
- Having a marriage that ended in annulment, divorce, or death.

Necessary Court Order

A valid juvenile court order from a U.S. state court is required. This order must state that:

You are dependent on the court or in the custody of a state agency or an appointed individual/entity.
You cannot be reunified with one or both parents due to abuse, abandonment, neglect, or a similar basis under state law.
It is not in your best interest to return to your home country or the country where your parents reside.

Note: Some juvenile courts may only issue these orders if you are under 18 years old.

Exceptions and USCIS Consent

You do not need to be under the juvenile court’s jurisdiction if it ended because you were adopted, placed in permanent guardianship, or aged out of the court’s jurisdiction.

You must demonstrate that the juvenile court order was sought to obtain relief from maltreatment and not primarily for immigration benefits. USCIS must give consent for your SIJ classification, ensuring your intent aligns with protection from abuse or neglect.

If you are in the custody of the Department of Health and Human Services (HHS), you need written consent from HHS for the court’s jurisdiction if your custody status changes.

State Juvenile Court Orders and USCIS Authority

State juvenile courts handle dependency or custody determinations, which are essential for establishing eligibility for SIJ classification. They decide if a juvenile has been mistreated and cannot be reunified with their parents and if it’s in their best interest to stay in the U.S.

However, state courts cannot grant SIJ classification or lawful permanent residence. Only USCIS has the authority to make these immigration decisions.

Filing the SIJ Petition (Form I-360)

To petition for SIJ classification, submit the following to USCIS:

Form I-360: Petition for Amerasian, Widow(er), or Special Immigrant.
Proof of Age: Birth certificate, passport, or other official identity documents.
Juvenile Court Order: Valid order with required determinations and evidence.
HHS Consent: If applicable, written consent from HHS.
Form G-28: Notice of Entry of Appearance if represented by an attorney.

In-Person Filing Before Your 21st Birthday

If delays prevent timely filing, you can file Form I-360 in person at a USCIS field office within two weeks before turning 21. Contact the USCIS Contact Center to request an expedited appointment.

Deferred Action Consideration

If you have an approved SIJ petition but cannot apply for adjustment of status due to unavailable visa numbers, USCIS will consider you for deferred action. Deferred action defers removal proceedings and allows you to apply for employment authorization (Form I-765).

Applying for

a Green Card Based on SIJ Classification (Form I-485)

Once you have been granted SIJ classification, you can apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Here are the steps and what to expect:

Filing Form I-485: If an immigrant visa is immediately available, you can file Form I-485 at the same time as Form I-360. If a visa is not available, you must wait until one becomes available.
Required Documentation: Include supporting documents such as your juvenile court order, evidence of age, and any other relevant documentation.
Biometrics Appointment: USCIS will schedule an appointment for you to provide fingerprints and photographs.
Medical Examination: Submit Form I-693, Report of Medical Examination and Vaccination Record, either with your application or when requested.
Interview: You may be required to attend an interview with an immigration services officer.

After Filing

After submitting your Form I-485, USCIS will:

Send you a receipt notice.
Contact you for additional evidence if needed.
Schedule a biometrics appointment.
Possibly schedule an interview.

Decisions and Timelines

SIJ Petition (Form I-360): USCIS aims to make a decision within 180 days of filing. If approved, you will receive an approval notice; if denied, you will receive a notice explaining why and how to appeal.
Green Card Application (Form I-485): If approved, you will receive an approval notice and your Green Card. If denied, you can file a motion to reopen or reconsider the decision.

Consideration of Deferred Action

USCIS will automatically consider deferred action for SIJ petitioners with approved Form I-360s who cannot apply for adjustment of status due to visa unavailability. If granted, deferred action allows you to stay in the U.S. and apply for employment authorization (Form I-765).

Employment Authorization

If you are granted deferred action, you can apply for employment authorization by filing Form I-765. Indicate eligibility category (c)(14) and do not file before receiving deferred action.

Updating Your Address

Ensure USCIS has your current address to receive all correspondence, including deferred action notifications. Update your address through the USCIS website.

The SIJ classification offers vital protection and a pathway to permanent residency for young individuals in the U.S. who have faced abuse, neglect, or abandonment. While the process involves obtaining a valid juvenile court order and navigating the USCIS application steps, achieving SIJ classification can ultimately lead to a more secure and stable future. For more detailed information and guidance, consult the USCIS Policy Manual and consider seeking legal advice. If you have further questions or need assistance, don’t hesitate to reach out to Cambridge Immigration Law for expert support.

NAVIGATING IMMIGRATION APPLICATION DENIALS: UNDERSTANDING COMMON REASONS AND SOLUTIONS

April 18, 2024

NAVIGATING IMMIGRATION APPLICATION DENIALS: UNDERSTANDING COMMON REASONS AND SOLUTIONS

Embarking on the journey of immigrating to a new country is filled with anticipation and challenges. Despite thorough planning, immigration applications can face denials, causing distress and uncertainty. Understanding the reasons behind these denials is crucial for applicants to address potential pitfalls effectively.

Criminal Record

A significant reason for immigration application denial is a criminal record. Certain offenses may raise concerns about public safety, leading to denial and potential deportation. Honesty with legal counsel about past criminal history is essential, as it significantly impacts the case strategy. However, it’s important to note that not all criminal records automatically result in denial. Factors such as the nature and severity of the offense, the length of time since the offense, and evidence of rehabilitation may influence the outcome of the application.

Lack of Evidence

Providing ample evidence to prove eligibility for the desired visa or residency is essential. Failure to do so or providing insufficient documentation can result in application denial. Collaborating with experienced legal professionals ensures the thorough collection of required documents for USCIS review. It’s imperative to meticulously follow the guidelines provided by USCIS for each specific visa category and submit all required supporting documents. Additionally, applicants should be prepared to provide additional evidence or clarification if requested by immigration authorities.

Ineligibility for Visa Category

Each visa category has specific requirements, and failure to meet these criteria can lead to denial. Understanding the requirements and restrictions of the desired visa category is vital to avoid ineligibility. Prospective immigrants must thoroughly assess their eligibility for their chosen visa category before submitting their application. This includes meeting criteria such as educational qualifications, work experience, familial relationships, and financial stability. Seeking legal advice early in the process can help applicants identify any potential eligibility issues and explore alternative immigration options if necessary.

False Information

Falsifying information on an immigrant visa application is a serious offense that can lead to denial and legal consequences. Accuracy and truthfulness in all provided information are crucial to avoid such repercussions. Applicants should carefully review all forms and documents before submission to ensure that the information provided is accurate and up-to-date. Any discrepancies or inaccuracies should be promptly addressed with the assistance of legal counsel. It’s essential to remember that even minor inaccuracies or omissions can have serious consequences and jeopardize the success of the application.

Navigating the complexities of the immigration system can be overwhelming, which is why seeking expert legal guidance is crucial. At Cambridge Immigration Law, our experienced immigration lawyers offer personalized assistance to help applicants navigate the intricacies of the immigration process. We work closely with our clients to ensure accuracy in documentation, avoid common pitfalls, and stay updated on regulatory changes. Entrusting your case to our competent legal representation empowers prospective immigrants to mitigate stress and significantly enhance their chances of achieving a successful outcome in their immigration journey.