Cambridge Immigration Law
Cambridge Immigration Law

Category: News

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

Disclosing Criminal Histories on Immigration Applications: What You Should Know

February 3, 2020

The United States requires all applicants for immigration benefits to disclose information about their criminal history, whether applying for a visa, green card, or U.S. citizenship. If you have a criminal record, this can be worrying. 

If you have any criminal history–even if you were never arrested nor convicted of anything–you should consult with an attorney about the immigration consequences of your criminal history. Having a criminal history does not necessarily mean your application will be denied. If you are eligible to apply for any immigration benefits, you must report your criminal history honestly and accurately. Omitting information, changing information, and other ways to misrepresent your criminal history could result in the US government charging you with misrepresentation, which is a problem to overcome. 

Here’s what you need to know.

Disclose your full criminal history

You should disclose any criminal conviction, arrest, or charge on your immigration petition unless advised otherwise by a qualified immigration attorney. In most cases, you should disclose a conviction even if the record is expunged or sealed. 

If you have a juvenile record, you should consult with an attorney about whether it needs to be disclosed, even if a court sealed the record. Some juvenile issues are not considered criminal. Others are considered criminal. Even if considered criminal, the issue may not negatively affect your eligibility for immigration benefits. There is an exception to ineligibility for immigration benefits based on a crime of moral turpitude if you were under 18 when the crime took place and took place over five years ago. 

How the USCIS evaluates criminal histories

Some crimes disqualify you for all immigration benefits. Some crimes require you to apply for a waiver of inadmissibility. Some crimes have no statutory effect on your immigration status, but will be considered in the total discretionary analysis of you as an application for immigration benefits. 

What to do if you have a criminal history 

You must consult with an experienced immigration attorney before applying for any immigration benefit through USCIS, the Department of State or the Immgration Court. 

As an immigration lawyer, I can assess how your criminal history might affect your application and how you should disclose the history on your application. My work with clients around the world and in the U.S. helps make complicated immigration procedures and paperwork go as smoothly and efficiently as possible.

Green Cards for Liberians through 12/20/2020

December 27, 2019

Liberians who have have been continuously physically present in the United States from Nov. 20, 2014 and who file an application for adjustment of status by Dec. 20, 2020 are eligible to adjust status to lawful permanent resident (that is, receive a “green card”) under Section 7611 of the National Defense Authorization Act (PDF) Liberian Refugee Immigration Fairness (LRIF), signed into law on Dec. 20, 2019. There are certain issues that will make a Liberian who has been present since 11/20/14 ineligible.

Contact Attorney Ellen Sullivan so that you can determine your eligibility for this program.

What Documents Should I Include in My Green Card Filing?

November 4, 2019

What Documents Should I Include in My Green Card Filing?

If you are recently married or engaged to a U.S. citizen, the green card application process can seem overwhelming. You may have questions about how long the process will take and how likely you are to have your application approved. While every couple’s situation is different, in this post, I will walk you through what you will need for your green card filing so you can start compiling the documentation you’ll need as soon as possible.

United States immigration law allows for a U.S. citizen to petition for a green card for a spouse who is already in the U.S., for a spouse who is outside the U.S. or for a fiancé to obtain a visa to travel to the U.S. to seek admission with a green card. 

Right now, it takes about 6 to 12 months for USCIS to approve a green card for a spouse in the U.S. and about one year for USCIS, the National Visa Center and then the U.S. Embassy to approve to a fiancé visa or spouse visa from outside the U.S. as of 2019 and an additional one to two years to get the U.S. green card. 

The documents you include will vary based on your specific circumstances. To start preparing your application, you will need to gather:

  • The spouse’s foreign birth certificate
  • Your fiancé or spouse’s U.S. birth certificate, U.S. passport or green card
  • Marriage certificate (if married) or proof of intent to marry
  • Previous marriage termination documents
  • Proof that your marriage/relationship is real, like joint bank account statements, a joint lease agreement, photos together, and letters of support from family and friends
  • Court, police, or prison records. You will need to provide information about any interaction you’ve had with law enforcement, whether in the U.S. or abroad, even if the case was “dismissed”
  • Government filing fees and passport-style photographs

Never include fake or altered documents. Pay attention to details on the documents–do not include documents that will hurt, rather than help your case. 

I recommend that all applicants consult with me or another immigration attorney before filing any application, even if you ultimately decide to file without the representation of a lawyer. I work with clients from all around the U.S. and the world to make this process less confusing and as efficient as possible.

Some issues that may make it more difficult or even impossible for certain immigrants to get spouse visas. For example, criminal issues, misuse of visas, fraud or misrepresentation, unauthorized time in the U.S., and deportation/removal from the U.S. may change the spouse’s eligibility for the green card. 

Courts block USCIS’s Implementation of New Public Charge Rules

October 17, 2019

On October 11, 2019 various courts blocked the Trump administration’s implementation of new public charge rules that drastically increase the scope of inquiry for the public charge determination.

The new rules, if ever formally implemented, will prevent applicants for receiving green cards if they have used a wide variety of “benefits” most of which fall well outside the long-standing practice of considering “cash” benefits (often called “welfare” payments). The new rules consider the applicant’s family’s receipt of benefits, even when the family members are clearly eligible for the benefits as US citizens.

Since the announcement of the proposed rules, immigrant families and communities have been in fear of losing their current immigration statuses or being ineligible for future immigration statuses. Schools have seen decreases in enrollments for subsidized school-lunches. Health-care facilities have seen decreases in Medicare enrollment. (Schools and medical clinics may still be helping the same numbers of hungry and sick kids–but they are not getting financial credit (funds) for their numbers because of the decline in official enrollment in the programs. To me, this outcome is completely unacceptable and immoral. The Trump administration is scaring parents into not seeking food and medical care for their children. Like many other humans in the US and around the world, this result of this administrations policies sickens me.

Despite the courts blocking the formal implementation of the rules, the new public charge rules have been sneaking into immigration policy for many, many months. For example, many embassies/consulates are requiring additional documents for immigrant (“green card”) applicants and temporary visa (such as tourists and students) to prove that they will not be “public charges.” For example, people with medical conditions that would clearly be eligible for medical treatment in the US (that is, there is proof of future medical insurance) have been denied visas because they cannot prove ability to pay for treatment or prescriptions out of pocket. Similarly, tourists and students have been asked to prove that they will carry full insurance in the US–something that in most cases (at least that I know of) is impossible for a non-resident of the US to prove.

Until the Trump administration, one of my main jobs as a lawyer was to tell clients the law and the likely possible outcomes of their interaction with the law. Under this administration, we are bombarded by unconstitutional, illegal and/or immoral policies and proposed rules almost on a daily basis. Many of the proposals go no where legally but almost all of them have one effect of the administration: to make people live in fear. My practice has been affected. For example, while these horrible public charge rules are not “officially” in place, I now counsel clients on how to deal with the issues as if those rules were in place. I have talked with parents about making a difficult decision of whether to get their children covered for health insurance for which they qualify or to forgo such benefit to avoid any potential problem with immigration applications. What a horrible decision for a parent to have to make. Let’s hope that this madness ends soon. If you are eligible to become a US citizen, apply now so that you have a chance of voting in the presidential election of 2020!

 

 

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