Cambridge Immigration Law
Cambridge Immigration Law

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Visa Revocation Due to a DUI Arrest or Conviction in the US

October 12, 2016

Can a Consular Officer End Validity of a Visa due to a Driving Under the Influence (DUI) Arrest or Conviction while the visa holder is in the US?

The answer is yes. If a visa holder is arrested/convicted due to a DUI violation while physically present in the US, the Department of State’s consular officers may revoke the visa, meaning ending the validity of a visa without making a determination that the visa holder is inadmissible.

It is important to know that cancellation of a visa by the Department of State/consular officers does not override the visa status granted by Customs and Border Protection at the time of entry to the US or the visa holder’s stay in the US. However, the visa holder should know that the visa is not valid for future entries to the US if the visa holder travels outside the US. The individual has to apply for a new visa and demonstrate eligibility, which s/he may not be able to do on account of the DUI arrest/conviction.

Should I file to renew my permanent resident card if I have a pending N-400 naturalization application?

September 20, 2016

Yes, if your card will expire within six months of filing an N-400 form with the USCIS. No, if you file Form N-400 while your card is valid for at least 6 months. You must be eligible to file Form N-400 at the time you file, regardless of the expiration date of your “green card.”

If you file according to the above timelines, you will be able to obtain proof of your status—a stamp in your passport called “Alien Documentary Identification and Telecommunication” (ADIT) stamp as temporary proof of permanent residence.

Are you looking for legal assistance from an immigration attorney? Ellen Sullivan, P.T. is located in Cambridge, MA and specializes in immigration law. Call (617) 714-4375 or email ellen@ellensullivanlaw.com to schedule an appointment with Ellen.

$10 million in Grants to Fund Citizenship Preparation Services

September 16, 2016

USCIS recently funded many community-based organizations that help permanent residents prepare and apply for U.S. citizenship. Look at the information at the USCIS website to see where you may be able to get low-cost or free legal services relating to naturalization. In Boston, Massachusetts, the Irish International Immigrant Center is one of the organizations that recently received funding. Also, look at  Citizenship Resources to use web resources to learn more about the N-400 Application for Naturalization.

If you have complications (such as criminal convictions, tax issues, or lengthy periods of time outside of the US), you should consult with an immigration attorney about your eligibility for US citizenship. I have helped many LPRs with legal complications win citizenship, and I may be able to help you too.

Please visit Citizenship Resources to use web resources that provide learning materials to help permanent residents prepare for the naturalization process.

Change of Address Information (Form AR-11)

September 7, 2016
Why is it important to notify USCIS about your address change? 
First, federal law requires that all non-US citizens promptly notify USCIS and sometimes other agencies of changes in physical and mailing addresses. The address change must be reported to USCIS and sometimes other agencies like EOIR, ICE, and DOL within five days of the address change. Next, in order to make sure you receive all correspondence from USCIS and other agencies, you want to make sure that USCIS has your updated address. If you fail to report the address change and then miss an important USCIS notice, USCIS is likely to blame you for missing an appointment, interview, hearing or deadline.

 

How do I change my address with USCIS?

You can complete Form AR-11 and change your address on any pending application or petition by using Online Change of Address service.

Green Card Approved After I-130 Denied

September 6, 2016
In my practice, I work with many clients who require marriage-based “green card” applications (I-130 Petition for Alien Relative and I-485 Application to Register Permanent Resident).
Recently, I was hired to represent a couple after their own I-130/485 filing was not successful. They came to me with a denied I-130. We immediately re-filed a new I-130/485 package, and within months, we were scheduled for a hearing. In light of the very strong package that we submitted, the interview was very smooth and even fun, and the clients’ case was approved. This good news was especially welcome for the couple because they were expecting a baby only days after the interview!

US Citizenship Naturalization Civics Test

September 1, 2016

If you think that you are eligible for US citizenship, start studying for the naturalization civics test. There are many study documents available at the USCIS website.

Before you apply for US citizenship, contact my law firm or another immigration attorney and set up a meeting to discuss your eligibility. You may decide to file on your own, but it is always recommended to talk with an attorney before filing.

Naturalization Ceremonies at National Parks

August 31, 2016
On August 25, 2016, the National Parks Service partnered with the USCIS to celebrate their 100th anniversary with a series of naturalization ceremonies in national parks throughout the country.
To view a complete list of naturalization ceremonies held in national parks on August 25, please visit USCIS website.

I-601A Waiver Expanded to Include

August 17, 2016
What does the I-601A Waiver Do? The I-601A waiver helps someone avoid being barred from re-entry from the United States after she departs the US. Someone would be barred from re-entering the US for 3 years or 10 years if she had been present in the US for more than 180 days (3 years) or one year (10 years). This means that someone who is not eligible to get a green card in the US can apply for an I-601A waiver, get it approved, leave the US, and re-enter the US with the green card–without waiting 3 or 10 years outside the US. 
 
What Does the Expansion of the Waiver Do? USCIS expanded eligibility of the I-601A waiver to those who are statutorily eligible for an unlawful presence waiver under INA Sec. 212(a)(9)(B)(v). This means that if the green card applicant can demonstrate extreme hardship to a U.S. citizen or LPR spouse or parent, she may apply for and receive a provisional waiver, whether the basis for the immigrant visa is an employment-based preference category, a family-based preference category, the diversity visa lottery, or a special immigrant classification.
Can I Apply for the I-601A Waiver Now? It is important to speak with an immigration attorney to discuss whether you are statutorily eligible for the waiver and whether the facts of your case make it likely that you will be granted the waiver.
See AILA’s recent fact-sheet about the I-601A expansion.

I-94 Information Available Online

August 16, 2016
Did you know that I-94 information has been online since 2013? This means that when you enter the US, you no longer get paper I-94s. Instead, you must obtain your I-94 information at the CBP website.
You will not have I-94 information if you are a US citizen, lawful permanent resident, visa waiver entrant, and certain others.
It is a good idea to go to the Customs and Border Protection website shortly after you arrive to make sure that the I-94 information is correct. Sometimes, CBP makes mistakes in coding the manner of your entry, the date of your entry, or the length of your authorized stay.
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