Cambridge Immigration Law
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USCIS Offices Closure & InfoMod USCIS Appointments

March 18, 2020

Is USCIS Closed? 

USCIS offices and Application Support Center Offices closed starting today through 4/1/2020. This means that all “green card”/adjustment of status interviews, InfoMod USCIS (formerly InfoPass) appointments, citizenship interviews, and biometrics interviews scheduled between 3/18 and 4/1 are closed. USCIS states that it will send de-schedule and re-schedule notices to applicants.

See USCIS.gov for more information.

If you are looking for assistance with an immigration case contact the Law Office of Ellen Sullivan, P.C. Ellen specializes in Immigration Law and more. 

 

 

Don’t Lie: An Immigration Golden Rule

March 16, 2020

The immigration process can be stressful and frustrating. It can be tempting to lie on an application or during an immigration interview to get it over with and keep the process “less complicated”. You may even know people who have lied and then successfully obtained their green card and even US citizenship. But lying on an immigration application, or to an immigration officer, is a bad idea. Please don’t do it!

  • One Lie Will Destroy Your Credibility

The immigration application is invasive and frustrating, and it may seem unnecessarily thorough. Let’s say you are applying for a marriage green card, and you were arrested once for something silly as a kid. Even though you know you copies of your arrest and court records, you’re having a hard time finding them or getting copies of everything you need. So, you leave that arrest at 17 off of your application. After all, it wasn’t anything serious, so why should USCIS care?

That kind of thinking is a big mistake. USCIS will investigate you, as they do all applicants. When USCIS finds that arrest record through its security check, you may be accused of fraud and your application could be denied for that reason—even if the arrest at 17 would have had absolutely not impacte on your ability to get the green card had you disclosed it and provided necessary documentation.

  • Lying is Grounds for Inadmissibility

If you lie or misrepresent something on an immigration application, you’re creating more problems. Lying is grounds for inadmissibility. Under 8 U.S.C. §1182(a)(6)(C)(i), “Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.”

If you’re concerned about something that you don’t want to include on your immigration application, or, if there’s something you are worried about discussing with an immigration officer during your interview, you should consult an experienced immigration attorney before you submit any application. An attorney can advise you, come up with workable solutions, and attend your immigration interview with you to help you explain the documentation or the facts of the situation. In some cases, an experienced attorney will tell you not to file for any immigration benefit for a certain period of time or, in some cases, ever. I’ve helped people around the world through complicated immigration situations for years, and I’m happy to guide you as well. So, don’t risk lying on an immigration application; I can help.

You Married a US Citizen. Now, document your life together and get a green card!

March 9, 2020

Congratulations on your marriage! Now that you’ve married a U.S. citizen, you’re probably wondering what comes next. U.S. citizens can apply for a foreign-born spouse to move to, or remain in, the U.S. to live permanently. Obtaining a marriage green card is a three-step process. 

  1. Apply for a “marriage-based” immigrant visa by establishing your marital relationship
  2. Apply for your green card
  3. Attend the green card interview

To establish your marital relationship, you will need to provide a marriage certificate. But aside from the basics, the U.S. Citizenship and Immigration Services wants to ensure that your marriage isn’t one of convenience or a “green card marriage.” To establish the validity of your marriage, you’ll need to provide documentation showing the intermingling of your lives. Collect things such as:

  • Documents such as join leases or property ownership
  • Joint bank or investment accounts
  • Photos together with you and your spouse together with other family/friends in different location on different dates
  • Joint mortgage statements
  • Joint health or auto policies
  • Life insurance policies listing one another as your primary beneficiaries
  • Original copies of letters or cards from family, co-workers, friends, and employers showing both of you at the same address
  • Letters of support from family and friends attesting to the validity of the marriage and their support for the green card for the immigrant spouse

The documents you’ll need to apply for a marriage green card include the following:

  • Birth certificates for each spouse
  • Proof of US citizen spouse’s US citizenship in form of US birth certificate, US passport, or US Certification of Naturalization
  • Marriage certificate for this marriage
  • Divorce certificates for each spouse for any prior marriage
  • Police and/or court documents if either spouse has a criminal history. The US citizen will probably not have to submit the court records, but s/he should discuss the criminal history with the attorney before filing. The immigrant spouse MUST submit any criminal records, and must discuss the criminal history with an attorney.  
  • Previous immigration violation records if applicable
  • Current or expired U.S. visas if applicable
  • Immigrant spouse’s I-94
  • US citizen’s financial documents showing ability to support immigrant spouse. In some cases, the immigrant’s assets and income can be used to show ability to support him/herself.
  • Since USCIS instituted Form I-944 Declaration of Self-Sufficiency, the documents required to prove that the immigrant will not become a “public charge” have drastically increased. The documents now include the US citizen’s taxes and proof of income, the US citizen’s assets that will be available to the immigrant, proof of the immigrant’s debts, proof of the immigrants use of public benefits. I am still working on creating a list of documents that families will need to successfully complete Form I-944. Stay tuned for that list.

The final step is the green card interview. A USCIS officer will ask questions to determine the authenticity of your marriage. You must be prepared to discuss all of the documentation you’ve already submitted, and you should bring additional documentation that you have accumulated in the months between filing and the USCIS interview.

Applying for a marriage green card can be a stressful, confusing, and lengthy process. You don’t want to make mistakes that may jeopardize your application, so it’s a good idea to consult with an experienced immigration law attorney before you file your application with the USCIS. I’ve been helping couples around the world with this process for years. Even if you have complicated issues like a criminal history or prior immigration violations, I’d love to help you.

USCIS Obtains “Admissions” to Marijuana Use during USCIS Interviews

March 7, 2020

Use, possession, sale and other activities relating to marijuana/cannabis are legal in many states in the United States and in other places worldwide. However, all marijuana activities (with very limited scientific research exceptions) are illegal under US federal law and in turn under US immigration law.

Non-US citizens using marijuana and/or involved in legal cannabis activities throughout the US put themselves at risk of being found inadmissible to the US (that is, unable to enter the US), removable from the US (that is, deportable), and/or ineligible for US citizenship. Some immigration issues arise only when a person has a criminal conviction for marijuana related crimes; other immigration arise merely when a person admits to crimes related to marijuana use. Other immigration issues arise merely when a US immigration officer has “reason to believe” that a person is involved in marijuana trafficking (and trafficking can be as simple as a state law relating to intent to distribute).

In USCIS in Seattle and Denver, USCIS officers are asking enough questions in immigration interviews to elicit “admissions” to marijuana crimes, rendering immigrant ineligible for certain immigration benefits and in some cases, deportable.

AILA issued the Practice Pointer below discussing this issue.

AILA-Practice-Pointer-on-USCIS-Sworn-Statement-Regarding-Marijuana-UseDownload

If you use or have used marijuana in the past and are NOT a US-citizen, you should speak with an experienced immigration attorney about the potential consequences on your current or future immigration status.

Why Pay USCIS with a Check, When Will USCIS Cash My Check & More

March 2, 2020

If you submit an immigration petition to the United States Citizenship and Immigration Services (USCIS), you almost always pay a fee. Paying a fee may seem pretty straight forward, but there are still small mistakes that can slow down, or in cases with deadlines, thwart your immigration application. You’ll need to ensure that you pay the correct fee. I recommend that clients pay by check or money order, not by credit card.

Ensure Your Fee Total is Correct

To determine how much you need to pay, you shouldn’t rely on anything other than official USCIS publications. The day that I file any form, I go to the USCIS forms page, open the form or forms that I am filing, and check the filing fees. The filing fees are listed on drop down menus on each form’s pages. However, you should also read the instructions (a PDF document) available for all forms. Sometimes the drop-down menu “Fees” does give you information about when you do not need to pay a fee.  There is also a USCIS fee calculator at https://www.uscis.gov/feecalculator.

Why Pay By Check and When Will USCIS Cash my Check?

When paying USCIS, never send cash through the mail. Also, even though USCIS accepts credit card payments for many (not all!) forms, I prefer that my clients pay by check. I have noticed that even when I submit the correct credit card information, USCIS sometimes rejects the application and claims that the credit card information is incorrect. I think that a USCIS agent types the credit card information from Form 1450, and if the agent types incorrectly, the form gets rejected. Checks, on the other hand, are electronically deposited, without the possibility of an agent mistyping the check’s information. After you file an application and send your check, look at your online bank statement every day or so to see when the check is cashed by USCIS. USCIS will usually cash the check in two days to two weeks after you file the application.

How Do I Pay By Check?

When you do pay your fees by check, you will still need to ensure that you have the correct filing fee amount on the check and you must make the check out to US Department of Homeland Security. On the “Pay to the Order” line, write “U.S. Department of Homeland Security.” Do not use DHS or USDHS. Include numerals to indicate the amount of the check, such as $452.50. You should also spell out the digits on the correct line, such as “four hundred fifty-two and 50/100.” In the memo line, write a short description of your payment and include the applicant’s name, such as “John D. Smith, N-400 application and biometric services fee.”Sign the check with your legal name. Paperclip or staple your check to the upper left-hand corner of your application form. 

Keep A Photocopy of the Check (and the REST of your application)

When you file an application, keep a photocopy of every single page that you submit from mailing page (send by a mail service that you can track), your covr page (if any), the check, passport style photos, all pages of the application, and ALL supporting documents.

Wherever you are in your immigration process, it is a good idea to consult an experienced immigration law attorney before filing anything with the USCIS. Ellen Sullivan, P.C. has helped clients around the world and is ready to work with you. Call (617) 714-4375 or email hello@cambridgeimmigrationlaw.com to get in touch. 

Form I-944 Financial Information Required for Most Green Card Applications from within the US

February 27, 2020

As of February 24, 2020, USCIS requires that all Form I-485 Application for Adjustment of Status (“green card applications”) be accompanied by Form I-944 Declaration of Self-Sufficiency. This form requires a burdensome amount of financial documents from the US citizen or LPR petitoner and from the intending immigrant. Also, this inquiry goes well outside the prior scope of financial inquiry of whether the US citizen or LPR petitioner is eligible to obtain a green card for his/her family member. In short, the form and the requirements are unfair and likely unlawful.

 

The Form is at https://www.uscis.gov/i-944 .

I am still in the process of making a list of documents that are necessary for this form. In addition to my standard requests for three years of IRS tax transcripts, three years of W-2, recent paystubs and employer letters, I am requesting many more financial documents from my clients. For now, the new list of documents includes:

1. Proof of Petitioner and Beneficiary having health insurance in the form of Form 1095 (a federal tax form), a policy explanation from your health insurance company, or a letter from  your employer regarding your health insurance

2. Credit reports for Petitioner and Beneficiary from one of the major credit agencies, Equifax, Experian or TransUnion

3. Latest bank statements for all Petitioner and Beneficiary’s accounts and

4. Latest statements for all retirement, investment, etc. for Petitioner and Beneficiary

5. Latest mortgage statement from any real estate owned by Petitioner and Beneficiary

6. Latest statements for any car loans, student loans, credit card debt, other loans for Petitioner and Beneficiary

 

Does a criminal record mean that I can never obtain any immigration benefit?

February 24, 2020

If you’re an immigrant who has ever been arrested, summonsed to court, admitted to criminal activity, or convicted of certain criminal offenses, you must discuss your legal history with an immigration attorney before submitting any paperwork to any US government agency or attending any interview or hearing. A broad category of crimes can render an individual ‘inadmissible’ to the United States and can trigger deportment proceedings of a legal resident. 

But having a criminal history or record does not necessarily mean that USCIS or the Department of State will deny your visa application. Although certain criminal cases and circumstances can make it more difficult to succeed in your immigration case, it is not necessarily impossible. Below are some important issues to consider and to discuss with an immigration attorney if you have them in your history. (There are NOT the only criminal issues to consider.)

 

Convictions for “Crimes of Moral Turpitude”: If a court has found you guilty of, or you have admitted the essential elements of, a crime involving moral turpitude, a controlled substance violation or certain other crimes, you are automatically rendered ‘inadmissible’ to the United States. For certain crimes, you do not need a conviction or an admission to be rendered inadmissible; USCIS or the Department of State can suspect you of criminal activity and deem you ineligible to enter the US or receive a green card in the US. 

That said, not all crimes are considered equal. Under limited circumstances, you may qualify for a “petty offense exception.” This exception is a request for legal forgiveness that, if granted, would allow you to proceed with your immigration case.  

Or, you may be eligible for a waiver of inadmissibility for crimes of moral turpitude. To be eligible for the waiver, you must show that your US citizen or LPR spouse or parent will suffer “extreme hardship” if you are not granted the waiver. This waiver is NOT available based on hardship to your US citizen or LPR children. 

For applicants for green card, there is absolutely no waiver of inadmissibility for any drug crimes, with the limited exception of certain crimes of possession of marijuana. This rule has a devastating impact on many immigrants who have convictions for minor possession crimes. Also, even when a drug conviction is very old and the individual is fully rehabilitated, there is no waiver of inadmissibility for drug crimes for applicants for green cards. Strangely, the blanket INA 212(d) waiver is available to any applicant for a temporary (nonimmigrant) visa, and such waiver does not require a showing of hardship to a US citizen or LPR relative. 

Guilty pleas: Many immigrants and often their criminal defense attorneys do not realize that for immigration purposes a guilty plea is equivalent to a conviction. If you have pled guilty to an offense, the United States Citizenship and Immigration Services (USCIS) will view the crime exactly the same as if a judge or jury convicted you. Such guilty plea may make you ineligible for a green card and/or temporary visas and may make you “removable”/“deportable” if you are in the US. 

Continued Without A Finding (CWOF): In Massachusetts, a defendant may dispose of a criminal case through with a “Continued Without a Finding” (CWOF). To receive this disposition, the defendant agrees that the prosecution presented sufficient facts to prove a case at trial, which federal immigration law equates to an admission to having committed the crime. From the perspective of Massachusetts criminal law, the case is considered “dismissed” if the defendant successfully completes the period of probation that accompanies the CWOF.

But the case is not considered “dismissed” for immigration purposes. The USCIS treats a CWOF as an admission of guilt because the defendant admits that the facts presented by the prosecution are sufficient to prove guilt. Thus, even if you had a CWOF and a “clean” record under Massachusetts law, you may be ineligible for a green card and/or temporary visas and “removable”/“deportable” if you are in the US. 

Pre-Trial Probation: Massachusetts has a disposition of “pre-trial probation” where the defendant does not admit to any facts of the charges crimes, does not admit guilt and is not found guilty, but is put on probation for a period. After successful completion of the pre-trial probation period, the charges are dismissed in way that does not affect your eligibility for immigration benefits. I advise all of my non-US citizen clients to hire an excellent criminal defense attorney, with the hope that they can obtain the excellent outcome of “pre-trial probation.” 

If you or a loved one are seeking immigration benefits but have been arrested anywhere in the world and/or have a criminal record anywhere in the world, it is essential that you speak with an experienced immigration attorney before submitting any application or attending any interview or hearing with USCIS, ICE, or the Immigration Court. 

 

Will my criminal history make me ineligible for immigration benefits?

February 17, 2020

Having a criminal record can affect your ability to receive immigration benefits, whether you’re seeking a temporary visa, green card, or an adjustment of status. But under the Immigration and Nationality Act (INA) convictions for certain crimes, or admissions to committing certain crimes, will automatically make you “inadmissible” to the United States. If you’ve been convicted of or admitted to any of these crimes, the United States Citizenship and Immigration Service (USCIS) will deny your immigration case, unless you will not succeed in your immigration case, unless USCIS grants you a waiver of admissibility. 

The Immigration and Nationality Act

Section 212 (A) of the Immigration Nationality Act sets forth the crimes that are grounds for inadmissibility, or in other words, ineligibility for a temporary or permanent visa to the US. Among other things, you will become inadmissible if you’re convicted of or admitted to having committed: 

  1. A crime of moral turpitude (e.g., murder, rape, child abuse, aggravated assault, theft, perjury, fraud, and many other crimes)
  2. A violation of any controlled substance law (drugs), whether in the U.S. or abroad.
  3. Multiple criminal convictions for which the total prison sentences were five years or more. 
  4. Illicit trafficking in any controlled substance (drugs). 
  5. Benefiting, financially or otherwise, from illicit drug trafficking, by a spouse, son, or daughter of the trafficker within the previous five years. 
  6. Prostitution and commercialized vice, including procuring prostitutes or receiving proceeds from prostitution. 
  7. Human trafficking or benefitting from human trafficking, whether inside or outside the United States.
  8. Money laundering.

This list provided here is not exhaustive, and each crime may have particular nuances or exceptions. Also, every criminal jurisdiction will define and use words for crimes in different ways. One important job of an immigration attorney is to “translate” your state or foreign conviction into the language of the INA in order to determine where it falls on the INA’s list of problematic crimes. 

Waiver for Inadmissible Crimes

In some cases, you may be able to gain entry into the United States despite your criminal history if the USCIS grants you a “forgiveness” waiver. Section 212(i) 212(h) of the INA describes the waivers for criminal history for someone applying for a visa or a green card. There are also special waivers available in Immigration Court, for example, under INA 237(a)(1)(H) for fraud/misrepresentations that do not result in criminal convictions and 240A for individuals who have been in the US at least 7 years (if a green card holder) or 10 years (if not a green card holder). Also, there is a general waiver under INA 212(d) for applicants for nonimmigrant (aka temporary) visas.

What to do if you have a criminal history

If you have a criminal history and you’re applying for immigration benefits in the United States, it’s crucial to seek the help of an experienced immigration lawyer. I’ve helped clients around the world with a range of complicated immigration issues, and I’d like to help you too.

Marijuana and Green Card Applications

February 11, 2020

US immigration laws prohibit the issuance of nonimmigrant or immigrant visas to anyone who has been convicted of or admits to the essential elements of federal controlled substances crimes. Generally, an admission to a drug crime happens in court as part of a plea or, in Massachusetts, a “continued without a finding.”

However, USCIS interviews can be the site of “admissions” to federal controlled substances crimes. In a green card interview, for example, a USCIS officer can ask an applicant if s/he has ever used, possessed, distributed, sold, etc. marijuana or any other federal controlled substances.

Apparently, just that has been happening at recent green-card interviews in Seattle. USCIS officers use the attached sworn statement to

What Kinds of Criminal Issues Will Not Hurt My Immigration Case? 

February 10, 2020

Few criminal issues hold zero risk of affecting your immigration case. However, a criminal history does not necessarily render you inadmissible, or in other words, ineligible for visas and/or a green card to the US. Certain criminal offenses pose much less risk to your case than others. 

Traffic violations

A basic traffic violation might not hurt your immigration case, but it depends on the nature of the violation. Some traffic violations must be disclosed on immigration applications, others do not. It is important to get copies of all documents relating to a ticket and/or traffic court appearance so that your attorney can determine whether the traffic violation is civil or criminal, and either way, whether and how it needs to be disclosed on your immigration applications.  

DUI issues

Laws relating to driving while intoxicated or under the influence may or may not be statutorily problematic from an immigration perspective. However, all DUIs are seriously and heavily weighed in USCIS’s discretionary decision to approve or deny your case. If you have any DUI arrest, even if later dismissed or acquitted, you must discuss this issue with an immigration attorney and prepare a strategy for explaining the situation to USCIS. 

Certain juvenile offenses

Mist juvenile records will not hurt your immigration case. However, you need to discuss all juvenile court issues with your immigration attorney because USCIS can take juvenile records into its discretionary decision about your case. 

Also, if you have records from when you were under 18 that were in a criminal court, those are not juvenile records. Those are criminal records. Some criminal records from when you were under 18 may be “forgiven” by USCIS if 5 years have passed since the incident. 

Petty offenses

If you are convicted of or admit to a crime of moral turpitude, you are inadmissible to the US, which means that you are not eligible for a visa or green card to the US unless you qualify for a waiver. There is a general waiver available to nonimmigrants and an “extreme hardship” waiver available to immigrant, or green card, applicants. However, it is important to know if the petty offense exception applies to you so that you are not inadmissible despite the crime of moral turpitude. You may qualify for a petty offense exception, if:

  1. You have committed only one Crime Involving Moral Turpitude (CIMT) ever, and  
  2. the maximum penalty for the offense you committed is one year or less, and
  3. you were sentenced to no more than six months in prison, regardless of how much time you actually served. 

To determine whether a particular offense falls with the petty offense exception or if you have other questions about whether your criminal history might affect your immigration petition, you should speak with a qualified immigration lawyer as soon as possible. I’ve helped clients around the world with a range of complicated immigration issues, and I’d like to help you too.

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