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FAQ: SEVIS Termination and F-visa Revocation

FAQ: SEVIS Termination and F-visa Revocation

What should I do about the criminal proceedings? 

**You need criminal defense attorneys to deal with criminal charges asap.   

**Unless/until the charges are dismissed fully, you have an open criminal case that ICE will consider problematic. This means that even pre-trial probation may not even help you.  

What is SEVIS termination? 

**A terminated SEVIS record means that your current student status is OVER. You are now out of status. (If not already revoked, your F visa could be revoked as well.) If you remain “out of status” in the US for more than 180 days, you will have a bar to re-entry to the US.  

**There is no grace period upon SEVIS revocation, meaning you are “out of status” and cannot get any immigration benefits EXCEPT for immediate relative benefits or humanitarian benefits (such as asylum, VAWA or U visa).  

 What is F-visa revocation? 

**A terminated F visa means that you cannot re-enter the US with a terminated visa and you would need to apply for a new visa if they leave the US. (If not already terminated, your SEVIS record could be terminated at some point too.) 

 Will my OPT be revoked? 

**USCIS may cancel your OPT if your SEVIS record is terminated and/or F visa is revoked.  

 **You do not need to affirmatively tell your employer if your OPT is revoked. However, if your OPT is revoked and you continue to work, you are working without authorization, which may complicate your ability to get your status reinstated or get another US immigration benefit in the future.  

Will I be sent to Immigration Court? 

**Check EOIR case status to see if they have been placed in removal proceedings. Check this daily because the government could begin a case against you at any time. 

 **You could be detained by ICE and depending on the nature of the charges against you, you may not be eligible for any bond request. Even if you are technically eligible for bond release, the Immigration Judge may not grant you bond release.   

​What are my immigration options right now?  

**Unless/until your criminal case is fully dismissed, USCIS and the Immigration Court will not approve any immigration benefit for you.  

**You can apply for reinstatement immediately, but most likely the reinstatement will NOT be approved unless the criminal charges are dismissed without any guilty finding, guilty plea, or admission to facts.  

**You can depart the United States. With an open case, you may never be allowed back into the US.  

**You can apply for immediate relative adjustment of status. For most students, this would mean a marriage-based green card. If you are in a real relationship, strongly consider getting married and applying for a marriage-based green card. The marriage-based green card application will not be approved with an open case, but if you are eligible for this benefit, you should strongly consider applying for it as soon as possible.  

**Even with a marriage-based green card, you may need a waiver of inadmissibility (eligibility) if you receive a guilty finding, plea, or admission to facts. In some cases, you will not be eligible for a waiver or a green card. This will depend on the charges against you.  

 **If your case is in immigration court, you may have to win your green card before the immigration judge. You can apply for asylum and/or cancellation of removal before the Immigration Judge.  

electronic devices at port

What You Need to Know About Electronic Device Searches at U.S. Borders

electronic devices at port

What You Need to Know About Electronic Device Searches at U.S. Borders

Crossing a U.S. border with your phone, laptop, or tablet? U.S. Customs and Border Protection (CBP) has broad authority to search electronic devices at airports, land crossings, and even preclearance locations abroad. These searches can happen without a warrant or suspicion, potentially exposing sensitive personal or business information. While a basic search involves manually reviewing device contents, an advanced search allows CBP to connect external equipment to copy and analyze data—requiring only reasonable suspicion and managerial approval.

Understanding your rights and taking precautions before traveling can help protect your data. Travelers should be aware that refusing to unlock a device may lead to its seizure, delays, or even denial of entry for non-citizens. To minimize risks, consider traveling with minimal data, using strong passwords, enabling encryption, and logging out of cloud accounts. Knowing what to expect at the border can make the process smoother while safeguarding your digital privacy. For a detailed guide, check out Electronic Device Searches at U.S. Ports of Entry.

Qualifies for Naturalization Test Exemptions

Who Qualifies for Naturalization Test Exemptions? A Guide to Eligibility

Naturalization is the process by which immigrants become U.S. citizens, which often involves demonstrating basic English proficiency and knowledge of U.S. history and government. These requirements are assessed through the English and civics tests administered during the naturalization process. While these tests are standard, there are specific exemptions available to applicants who meet certain criteria. These exemptions are designed to accommodate individuals whose age, physical or developmental disabilities, or medical conditions make it challenging to fulfill these requirements.

Understanding who qualifies for these exemptions for applicants who may face barriers to completing the tests is important before beginning your journey. Let’s review the different types of exemptions, eligibility criteria, and steps to apply for these accommodations with the support of a citizenship immigration lawyer.

Exemptions to the English and Civics Tests

To become a U.S. citizen through naturalization, applicants are typically required to demonstrate their ability to read, write, speak, and understand basic English. They must also show knowledge of the U.S. government and history through the civics test. However, federal law allows exemptions for certain individuals whose circumstances make it unreasonable to meet these requirements.

These exemptions fall into two broad categories: those related to age and length of residency, and those tied to physical or mental conditions. Both categories aim to ensure that individuals are not unfairly disadvantaged in their pursuit of U.S. citizenship.

English Test Exemptions For Naturalization

The English test evaluates an applicant’s ability to understand and communicate in English. Some individuals, however, may be exempt from this requirement based on their age, residency, or medical conditions.

Age and Residency-Based Exemption

Applicants aged 50 or older who have lived as lawful permanent residents (green card holders) in the United States for at least 20 years, or those aged 55 or older with at least 15 years of permanent residency, may qualify for an exemption from the English test. These individuals are still required to take the civics test but may do so in their native language if they bring an interpreter to the interview.

Medical Exemption

Individuals with physical or developmental disabilities or mental impairments that prevent them from learning or demonstrating English proficiency, or knowledge of U.S. history and government, may be eligible for an exemption. To apply for this exemption, applicants must submit Form N-648, Medical Certification for Disability Exceptions, completed by a licensed medical professional. Additionally, to request medical exemption the condition must have lasted for 12 months or longer. This form should detail the applicant’s condition and explain how it impacts their ability to meet the language and test requirements.

Civics Test Exemptions For Naturalization

The civics test assesses an applicant’s knowledge of U.S. history and government. While most applicants must pass this test, exemptions are available under certain circumstances.

Age and Residency-Based Exemption

Similar to the English test, applicants who qualify under the age and residency criteria (50/20 or 55/15 rule) can take the civics test in their native language with the help of an interpreter. Additionally, applicants aged 65 or older with at least 20 years of permanent residency are eligible to take a simplified version of the civics test, which includes fewer questions.

How to Apply for Test Exemptions

Applying for a naturalization test exemption involves careful preparation and documentation. For age and residency-based exemptions, applicants simply need to indicate their eligibility on Form N-400, Application for Naturalization. If an applicant is applying for a medical exemption, they must submit Form N-648 along with Form N-400.

It is essential to ensure that all forms are accurately completed and supported by sufficient evidence, such as medical records or documentation of residency history. Mistakes or omissions can delay the application process or result in denial of the exemption.

Understanding the Role of Form N-648 in Medical Exemptions

One critical aspect of applying for medical exemptions to the English or civics test is the proper completion of Form N-648, Medical Certification for Disability Exceptions. This document plays a pivotal role in determining whether USCIS will grant an exemption based on an applicant’s physical, developmental, or mental condition. Understanding the purpose, requirements, and submission process for Form N-648 is essential for anyone seeking a medical exemption.

Purpose of Form N-648

Form N-648 is used to provide detailed medical evidence that an applicant’s condition prevents them from fulfilling the testing requirements for naturalization. It is designed to confirm that the applicant cannot learn English or retain knowledge of U.S. civics due to a diagnosed medical condition. The form must be completed by a licensed medical professional, such as a doctor, psychologist, or clinical social worker.

Requirements for Form N-648

For Form N-648 to be accepted by USCIS, it must include comprehensive and specific information about the applicant’s condition. The form must clearly explain:

  • The medical diagnosis and how it aligns with recognized medical standards.
  • The severity and duration of the condition.
  • How the condition directly impacts the applicant’s ability to meet the English and/or civics requirements.

The form should avoid vague or generalized statements and instead provide evidence-backed details. USCIS scrutinizes these forms closely, so ensuring accuracy and thoroughness is critical.

Common Mistakes and How to Avoid Them

Incomplete or incorrectly filled forms are a leading cause of delays and denials for medical exemptions. Some common mistakes include:

  • Providing insufficient medical evidence or failing to explain how the condition affects the applicant’s abilities.
  • Using medical jargon without offering clear explanations for USCIS officers who may not have medical expertise.
  • Failing to sign or date the form properly, either by the applicant or the medical professional.

Applicants should review the form carefully with their medical professional and consider consulting an immigration attorney to ensure all requirements are met.

Contact Cambridge Immigration Law to Speak with an Immigration Lawyer for Citizenship

Going through the naturalization process and understanding eligibility for test exemptions can be lengthy, and complicated. If you believe you qualify for an exemption or need assistance with your citizenship application, Cambridge Immigration Law is here to help. Our immigration attorneys for citizenship specialize in citizenship and naturalization cases to make sure that your application is completed accurately. Contact us for personalized guidance from a skilled citizenship immigration lawyer.

Understanding Form I-864

Understanding Form I-864: What You Need to Know as a Sponsor

When sponsoring a family member for U.S. immigration, one of the key steps involves completing Form I-864, also known as the Affidavit of Support. This form is not just a routine document but a legally binding contract that carries significant financial and legal responsibilities. As some of the leading immigration lawyers available, the team from Cambridge Immigration Law often gets questions about what this form entails, who can serve as a sponsor, and what obligations come with signing it.

That’s why below we’ve collected everything you need to know to understand what you’re committing to when you sign Form I-864.

What Exactly is Form I-864?

Form I-864 is a document required by the U.S. Citizenship and Immigration Services (USCIS) during the green card application process. It serves as a legal promise from the sponsor to financially support the sponsored immigrant. The primary purpose of this form is to prevent immigrants from becoming public charges, meaning they should not rely on certain government assistance programs for financial support.

When you sign Form I-864, you are making a commitment to ensure the immigrant has the necessary financial resources. This affidavit is required in most family-based immigration cases and some employment-based cases where a U.S. citizen or lawful permanent resident has an ownership interest in the business petitioning for the immigrant.

Who Can Serve as a Sponsor?

To serve as a sponsor, you must meet several eligibility requirements. Firstly, you must be a U.S. citizen or a lawful permanent resident (green card holder) and at least 18 years old. Additionally, you need to have a domicile in the United States, meaning your primary residence must be within the U.S. If you are living abroad temporarily, you must demonstrate that your residence in the U.S. will continue.

Income is a critical factor in determining eligibility. As a sponsor, you must have an income that is at least 125% of the Federal Poverty Guidelines for your household size. This threshold is slightly lower (100%) for active-duty military sponsors petitioning for their spouses or children. If your income does not meet this requirement, you can use assets or seek a joint sponsor, who must also meet all eligibility criteria.

Your Responsibilities as a Sponsor

The obligations of a sponsor go beyond simply filling out paperwork. By signing Form I-864, you agree to maintain the sponsored immigrant’s income at a level above 125% of the Federal Poverty Guidelines. This financial support is intended to prevent the immigrant from seeking means-tested public benefits like Medicaid, the Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF).

Your responsibilities as a sponsor can include:

  • Providing financial assistance if the immigrant’s income falls below the required level.
  • Reimbursing the government if the sponsored immigrant receives certain public benefits.
  • Notifying USCIS of any address changes using Form I-865 to avoid penalties and fines.

It is important to note that failing to meet these obligations could result in legal action by the sponsored immigrant or the government.

Financial & Legal Implications of Sponsorship

Signing Form I-864 is a serious legal commitment that can have long-term financial implications. If the sponsored immigrant applies for and receives any means-tested public benefits, such as Medicaid, SNAP, or Supplemental Security Income (SSI), the government may hold you liable for the cost of these benefits. You could be sued by the government or the sponsored individual to recover these funds, and you may also be required to pay court and legal fees, which is why enlisting the services of an immigration lawyer is often recommended.

It’s crucial to understand that filing for bankruptcy does not absolve you from your obligations under Form I-864. This form is enforceable even in cases of financial hardship, and sponsors must continue to meet their obligations unless certain conditions are met.

When Do Your Responsibilities as a Sponsor End?

Your financial responsibilities as a sponsor are not indefinite but last until one of the following specific events occurs:

  1. The Immigrant Completes 40 Quarters of Work: This is equivalent to about 10 years of employment in the U.S., after which your responsibilities as a sponsor cease.
  2. The Immigrant Permanently Leaves the U.S.: If the immigrant leaves the United States and gives up their permanent residency status, your obligations end.
  3. The Immigrant Becomes a U.S. Citizen: Once the sponsored person becomes a U.S. citizen, your financial obligations under Form I-864 end.
  4. Deportation & Re-sponsorship: If the immigrant is deported but re-enters the U.S. with a new sponsor, your responsibilities are terminated.
  5. Death of the Immigrant: If the sponsored individual passes away, the sponsorship obligations end.

It’s important to note that divorce does not terminate your obligations. Even if the marriage ends, you remain financially responsible for the immigrant until one of the above conditions is met.

Key Things to Consider Before Signing Form I-864

Before signing Form I-864, it is critical to fully understand the financial commitment and legal implications involved. This is not merely a formality in the immigration process; it is a binding agreement that could affect your financial situation for years. Consulting an experienced immigration lawyer can provide valuable guidance and help you navigate the complexities of sponsorship, ensuring that you understand your responsibilities and potential risks.

Contact our immigration lawyers for Form I-864 assistance today!

At Cambridge Immigration Law, we specialize in guiding sponsors through the immigration process, offering expert advice on the implications of Form I-864. Whether you’re unsure about meeting the income requirements, need help understanding your legal obligations, or have concerns about potential financial risks, our experienced immigration lawyers are here to help.

Contact us online today or call (617) 714-4375 to schedule a consultation and ensure you are fully prepared for the sponsorship process.

DACA Travel Risks: Advance Parole and Legal Precautions

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

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.

an Immigration Attorney Can Help You Succeed

Citizenship Denied? How an Immigration Attorney Can Help You Succeed

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.

An Immigration Marriage Lawyer Can Simplify Your Journey

How an Immigration Marriage Lawyer Can Simplify Your Journey

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.

New Immigration Policy

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

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.

Contact us to schedule a consultation and take the first step toward securing your future in the United States.

Consultation with an Immigration Lawyer

Getting Guidance for Your American Dream From an Immigration Lawyer

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.

Successful U.S. Work Permit Application

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

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:

  1. Complete Form I-765 accurately
  2. Gather all necessary supporting documents
  3. Include recent passport-style photos
  4. 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.