Did you see that USCIS is resuming premium processing for any applications received on or before December 21,
Don’t delay getting your application in as they may open up more dates as they finish processing those they have.
Raluca talks about a Cancellation of Removal. She discusses when you might need to apply for one and what the immigration judge reviews for both legal permanent residents and illegal aliens. She also makes a suggestion about what to do once you receive your green card through a Cancellation of Removal.
Below is the transcript for the video. Due to the video being recorded live it may vary from the transcript slightly.
Hello Everyone.
Recently we have been talking about immigration courts. We hope you enjoyed those videos and shared them with anyone whom you know, who might benefit from them.
Today we are going to talk about Cancellation of Removal. This is a request that is made by application when a person is involved in removal proceedings in Immigration Court. Cancellation by Removal is one way that someone may be able to obtain a green card.
I’m Raluca Hanea. I provide immigration, family law, and estate planning legal services.
I’m here with Nina Cleere, my marketing and office manager.
Thank you to everyone who is watching and for all your likes, shares, and comments. Please let us know if you are watching this live or if you watch the replay. All your interactions help others to see our videos. We truly appreciate your support as we enjoy helping as many as possible with our information.
Nina: Ok so we’re talking about a cancellation of removal today, can you explain what that is?
Raluca: Sure. Prior to 1996 there used to be a remedy “suspension of deportation of proceedings” and Congress passed this as a replacement. When an individual might be deportable but if an immigration court judge allows this “cancellation of removal” they are no longer deportable.
Nina: Is this done by asking the immigration judge?
Raluca: No, a form must be filed requesting a Cancellation of Removal.
Nina: We’ve mentioned before that if you have a green card you can be deported, right?
Raluca: Yes.
Nina: So this Cancellation of Removal makes it so you can’t be deported?
Raluca: Right.
Nina: Does it make you a citizen?
Raluca: No.
Nina: Does it apply to people who hold a green card and those who don’t have any status?
Raluca: Yes, it can apply to both of them but there are different things the Judge looks at for those who are green card holders and those who are not.
Nina: If they aren’t a green card holder, and a judge grants this, does the judge give them a green card?
Raluca: The judge doesn’t hand it to them but Yes, they approve them for one and the person is now considered a long term permanent resident of the US. They must still go for their biometric appointment and they should receive the green card within 15-30 days of doing that.
Nina: What about people who are green card holders, does this allow them to become a citizen?
Raluca: Unfortunately, no. It allows for them to not be removed from the country (which is good) and then the judge decides if they can keep their green card.
Nina: What are the criteria the immigration judge looks at when making a decision?
Raluca: To be clear, granting a Cancellation of Removal isn’t done only by immigration judges but it is who grants one most often.
For a legal permanent resident (green card holder) the immigration judge reviews how long the person has been in the US, how long they have been an LPR, and that they haven’t committed specific crimes.
For non residents they had to have been in the US a certain length of time, show they are a person of good moral character, prove they haven’t committed certain crimes, and establish that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen or an alien lawfully admitted to the US as a permanent resident.
Nina: What happens while the person is waiting for their green card if they are granted Cancellation of Removal?
Raluca: They should be able to work and have a driver’s license.
Nina: What about if you have already had a denial of your request for a Cancellation of Removal?
Raluca: Some courts will allow you to reopen it. Also, a negative decision can be reviewed in federal court.
Nina: Why did you want people to know about Cancellation of Removal?
Raluca: Well, there have been more people who are stopped for simple things like a traffic violation who are being arrested and put into ICE custody. They should be aware that there is an alternative to being deported if they meet certain criteria.
Nina: Do you know how many are granted every year?
Raluca: I don’t. There is a cap that the immigration judges can grant for non-LPR so that means people who have no status and that is reached very quickly.
Nina: Is there a cap for LPRs?
Raluca: No.
Nina: So it sounds like this might be a good way for someone to get a green card.
Raluca: It sounds like it but the “exceptional and extremely unusual hardship” criteria is a very high standard. Plus, if the person you say this applies to dies (if they were an elderly parent) or turns 21 before you are in front of the Immigration Judge (if it was your child) your argument is no longer valid. Also, hardship is decided by the discretion of the immigration judge, who are notoriously difficult to convince.
Nina: Once you receive your green card through a Cancellation of Removal, what should you do?
Raluca: Apply for your citizenship.
Thank you so much for watching. If you have any questions, please submit them to us here or in a private message. We’ll see you tomorrow.
Legal Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of an attorney/client relationship. Any results set forth herein are based upon the facts of each particular case and do not represent a promise or guarantee for your case. Please contact our office for a consultation on your particular legal matter. 678-615-8529.
In honor of Valentine’s day, attorney, Raluca Hanea, talks about what a bona fide marriage is. Who has the burden of proof? What are some common ways to prove you have a bona fide marriage? What might cause USCIS to question if you truly do?
Below is the transcript of the video. Due to the nature of it being a live video the transcript may vary from what you hear.
Hello Everyone.
Today we are going to talk about something very important in immigration for most of my clients. That is: what a bona fide marriage is. If your spouse is sponsoring you for a green card or citizenship you must prove you have a bona fide marriage.
I’m Raluca Hanea. I provide immigration, estate planning, and family law services for my clients.
Nina Cleere, my marketing and office manager, is here with me.
Thank you for helping many people see our videos with all your likes, shares, and comments.
Nina: Will you first define what a bona fide marriage is?
Raluca: Sure, it means that you have a genuine marriage.
Nina: Why is this important in immigration?
Raluca: Because you have to show that you married because you wanted to be married not just for immigration purposes. IF you did it only for immigration purposes it is considered fraud and a sham marriage.
Nina: And the burden is on you to prove it, right?
Raluca: Yes, we talked about this in another video but it is really important for people to understand. USCIS starts with the presumption that your marriage is only for immigration purposes. Therefore, you have to show the immigration officer that is not true.
Nina: And you don’t show that, or you are found to have entered into a marriage fraudulently, there are a number of penalties, right?
Raluca: Yes. If you are an immigrant you can be banned from ever entering the US. If you are the US citizen you can be fined and/or imprisoned.
Nina: In fact, that is why there is a “conditional green card” right?
Raluca: Exactly. When you receive a green card by marriage, unless you meet certain criteria including having been married and lived in the US for specific lengths of time, your initial green card is “conditional” so that you show USCIS you truly have a valid marriage.
Nina: How do you show that your marriage is valid?
Raluca: 1st you should start gathering supporting evidence before or immediately when you get married. Don’t wait until USCIS schedules an interview to realize you haven’t taken any pictures together.
Nina: So that is one thing you should have is pictures together?
Raluca: Yes. You need to show you’ve been together, that you live together, that you have financial responsibilities together. If you have children together, that may be used as proof, as well.
Nina: And do you need to have the same things when you want to remove conditions from your green card?
Raluca: Absolutely. USCIS still wants to know that this marriage is bona fide and not entered into for immigration purposes only.
Nina: What are some things that might raise a red flag to USCIS?
Raluca: If you don’t speak each other’s language. If you have no picture together, don’t live together, or have nothing to show you have a life together.
Nina: Is that an automatic denial if you don’t live together?
Raluca: No. I have helped clients who don’t live together to obtain their green cards and citizenship but you have to show you have valid reasons for not living together like one spouse works out of state, or you are going to school, and you need to show other evidence that proves you have a relationship.
Nina: What about if you marry someone in a valid marriage, but things don’t work out, can you still get a green card?
Raluca: It really depends on individual circumstances. I’ve helped clients who have had this happen and been successful in helping them obtain their legal permanent residence. I would recommend they talk to an attorney sooner rather than later and above all, do not lie about your situation or ignore requests for evidence sent by USCIS.
Nina: Besides sending in paperwork is there another way to prove you have a bona fide marriage?
Raluca: Yes, you will have an interview. You will be asked questions about how you met, about each other, and about your relationship.
Nina: Is it a good idea to practice your answers together?
Raluca: Sure. If you remember that you met walking your dogs and your husband remembers seeing you across a crowded dance floor, that might raise a red flag for the officer.
Nina: What are unusual questions you think people should be prepared for?
Raluca: Well, I have heard them ask things like if your spouse has any tattoos. Or about favorite or least favorite types of food. They might ask who sleeps on which side of the bed.
Nina: Can you have anyone else support the fact that you are married?
Raluca: Yes, you can add affidavits from family or friends who know about your relationship to the evidence that you send.
Nina: So we’ve had people call and ask if they don’t live in the same state due to work and school, if this is going to be a problem. I know we talked about it before but can you address that?
Raluca: Sure. It may cause a red flag so you need to show by other evidence that you have a bona find relationship.
Nina: How can you do that?
Raluca: You may have records of your communication. Or you’ve have visited each other frequently, keep records of that.
Nina: Is there anything that would keep you from being approved 100% of the time?
Raluca: Yes. If you were married to someone else and aren’t divorced or can’t prove you were divorced. Or if you have been found guilty of immigration fraud previously. But even with the previous fraud finding, there may be remedies if you talk to an immigration attorney. They can review your record and determine if you have any chance of being approved.
Nina: So if you’ve been found guilty of fraud, you recommend they hire an attorney?
Raluca: Absolutely. Right away. Because there is a limited time frame to answer to that finding.
Nina: Does a couple need to file joint tax returns?
Raluca: They don’t need to but it is recommended. Again, USCIS is looking for proof that your life is together, so filing joint returns can help to prove that.
I hope this helps people understand the most important parts of proving you have a bona fide marriage. That the burden of proof is on the couple. USCIS presumes every marriage is entered into for fraudulent reasons. If you keep records throughout your relationship and provide them, this will really help them to see you are married for the long term.
Thank you for watching. If you have any questions, please drop us a private message, post it here, or call our office. We are always here to help.
Raluca answers the question: Can green card holders can be deported? She also talks about waivers if you are (or have been) deported as a green card holder. She discusses how lying or committing fraud might keep you from being allowed back into the US even as a visitor. And she talks about how inadmissibility comes into play for those who leave the US as a green card holder.
Due to the nature of this being a live video, the transcript may be different then everything you hear. We try our best to make them the same.
Hello!
7 shopping days till Christmas, we hope you are ready!
Today we are going to answer a question we are asked frequently, Can a green card holder be deported?
I’m Raluca Hanea, I provide immigration, family law, and estate planning assistance to my clients.
I’m here with my marketing and office manager, Nina Cleere.
We really appreciate those who are watching and all your likes, shares, and comments. They help others to see our videos and we truly appreciate your support.
Nina: Let’s first review what a green card is.
Raluca: Sure, its a card (that is no longer really green) that you receive after approval that confirms you are in the US legally as a resident.
Nina: And there are two types, right?
Raluca: Yes, there is a conditional green card and there is a “permanent” one.
Nina: Why do you put it in quotes?
Raluca: Because it still must be renewed every 10 years even though it is said to be permanent.
Nina: And what is the legal status that you have when you have a green card?
Raluca: You are considered a lawful permanent resident.
Nina: What about the conditional green card?
Raluca: You are still here lawfully but because you haven’t lived in the US or been married long enough before receiving it, it is only temporary and then you must apply for a removal of conditions.
Nina: How soon after you get the conditional one can you apply for a removal of conditions?
Raluca: Usually within 3 months of it expiring, and it expires 2 years after you get it.
Nina: There are people who have lived in the US for decades with a green card though, right? No law requires you get your US citizenship, right?
Raluca: Yes, there are people who for whatever reason have not gotten their US Citizenship though they have had a green card for a very long time.
Nina: But that isn’t your recommendation, is it?
Raluca: Not at all.
Nina: Why is that?
Raluca: A green card gives you the right to be in the US but it doesn’t give you any other rights so you can still be deported and possibly never allowed back into the US.
Nina: What would you have to do to be deported?
Raluca: With this administration, it seems anything is possible but definitely, if you commit certain crimes that violate US Immigration laws, you can be deported if you are here on a green card.
Nina: What would an example of those types of crimes be?
Raluca: The phrases “crimes of moral turpitude” or aggravated felonies are what they look at. A few examples of crimes of moral turpitude might be: fraud, larceny (so stealing) and anything that might hurt persons or things.
Nina: So domestic violence might be an issue.
Raluca: It is. It is one of the most common that I see. Another very common one is a DUI or aggravated DUI.
Nina: Do you need to be convicted or can you merely be arrested for those crimes?
Raluca: Some crimes (such as drug abuse – sometimes found with a DUI) you only need to be arrested. Others do require a conviction and no appeal available meaning it is the final decision.
Nina: So does that mean once you become a US citizen, you cannot be deported?
Raluca: No. But they are very limited and, hopefully, rare circumstances.
Nina: What would they be?
Raluca: If you committed fraud in your application for your green card. Or if you committed a crime within a certain time period of entering the US.
Nina: Can you give us an example of fraud?
Raluca: Yes. There have been instances where people have not put their real name on their applications, or said they did not have connections to terrorist groups (or other groups asked about in the applications) when they applied. Basically any time you lie on your application, that would be fraud.
Nina: What happens if the person is found guilty of fraud on their immigration applications/petitions?
Raluca: They are deported and usually have a lifetime ban from being able to re-enter the US, even as a visitor.
Nina: So they can’t apply to get a green card again?
Raluca: Not usually. There are limited waivers that can be applied for but these are very limited and not granted very often.
Nina: Let’s chat about inadmissibility for a minute.
Raluca: Ok. Inadmissibility applies usually when you apply to come into the US, certain things will keep you out.
Nina: So it doesn’t apply if you have a green card and are convicted of a crime that might not be enough to get you deported?
Raluca: Well, it does if you ever plan to leave the country.
Remember I’ve mentioned in videos previously that every time you come back into the US as a green card holder, border patrol or custom agents decide if you should be permitted back into the country. Just because you have a green card, does not mean you have the right to be allowed back in. If you are convicted of a crime after having gotten a green card that may not rise to the level that would cause deportation, but it might make you inadmissible to the US. So if you leave the US on a green card, you may not be allowed back when you try to re-enter.
Nina: In a situation like that, is that when you would apply for advance parole?
Raluca: You could. I would recommend speaking to an immigration attorney if that is an issue for you, the individual circumstances need to be carefully reviewed to determine what your best and safest actions would be.
Nina: So to remind everyone – you can be deported if you have a green card.
Raluca: That’s right.
Thank you for watching. If you have any questions, please submit them to us here or in a private message. We’ll see you tomorrow.
Legal Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of an attorney/client relationship. Any results set forth herein are based upon the facts of each particular case and do not represent a promise or guarantee for your case. Please contact our office for a consultation on your particular legal matter.
Please see our YouTube Video with this information. If you prefer, the transcript to the video is below.
Keep in mind this video is live so the actual text may vary from what you hear.
Hello Everyone.
Do you need to leave the US and hope to come back without reapplying for a visa? Many times my clients who are waiting for their green card want to travel out of the country. They can do that with advance parole. However, USCIS changed their policy regarding this recently and I want to be sure everyone is aware of what it is so they don’t get stuck not being able to come back into the US.
I’m Raluca Hanea. I provide immigration, estate planning, and family law services for my clients.
My marketing and office manager, Nina Cleere, is here with me.
Thank you for all your likes, shares, and comments as they help others to see our videos.
Nina: So USCIS issues different types of travel documents, right?
Raluca: That’s right.
Nina: Can you define what Advance parole is?
Raluca: Sure. Advance parole means that you are given documents that say you can leave the country and come back in without having to get another visa.
Nina: Is there anything that would keep you from being re-admitted?
Raluca: Yes. Keep in mind that even IF you have an Advance parole document re-entry is not guaranteed and not a right. You may still be denied.
If you are not a US Citizen, even if you have a green card, every time you come back into the US you are subject to immigration review and the border patrol or customs agent determines if you should be allowed back into the US.
If you had applied for asylum and then went back to the country you left, you will be denied re-entry. If you had been found guilty of a crime, anywhere, you may be denied re-entry depending on the crime.
Nina: When have you seen it used most?
Raluca: Most often when a person has applied for an I-485 that is pending or for asylum cases.
Nina: Advance parole is not a fast or emergency approval though, right?
Raluca: No, Advance parole approval itself can take several months. I checked last week for one of my clients and the National Benefits Center is saying they are processing applications from August 2018 with a 4-6 month processing time.
Nina: And if do obtain Advance Parole approval, you still need a valid passport, right?
Raluca: That’s right.
Nina: What about if you apply for Advance Parole and make travel plans, and you don’t get your approval before you leave. Can you still go?
Raluca: I would advise against it.
Nina: Why is that?
Raluca: Because if your application is pending, you WILL be considered to have abandoned it if you leave the country. This means you would have to start the entire process over again. And if you are out of status and try to enter the US, you will not be allowed in. Plus, depending on who reviews your file, if they consider you were in the US without a legal status, you may be banned from the US for 3-10 years.
Nina: Can you break that down for us? First, explain what you mean by “you WILL be considered to have abandoned it.”
Raluca: Sure., The reason we are bringing this up is that USCIS without notice changed their policy recently. Whereas before you *might* have been considered to have abandoned your application, now their policy says “you will be” and this is a huge change.
I know it can be confusing. People think “well I applied to become a green card holder so I’m safe.”
It might help if we use an example. There is a person who entered the US on a fiancee visa. As I recommend immediately after marrying they applied for a green card due to being the spouse of a US citizen. They are waiting for this application to be processed (which can take over two years depending on the office that is processing it) but they want to go on vacation to another country.
Now, they must apply for Advance Parole in order to leave the country and be allowed back in. (but remember being let back in is not guaranteed) If they do not apply, they will be considered to have abandoned their application for a Green Card and USCIS will deny them a green card. This means that since it is denied, since they left the country, they are not legally able to re-enter the US.
Nina: Can they re-apply?
Raluca: It would depend on their individual circumstances. If they were found to have been “out of status” and lived in the US during that time, they may not be able to re-apply for 3-10 years depending on how long they were living here without a legal status.
Nina: And we said it takes 4-6 months to get a decision on if you were granted Advance Parole. Can you get it sooner?
Raluca: Under very limited circumstances you can apply for it. Before, however, you did that by submitting supporting documentation at a USCIS center or by calling them and as of today, 2/4/2019, they are no longer accepting walk-ins or phone calls so I’m not sure how it is going to work. When we find out, we will be sure to let you know.
Nina: This also applies to those who are here on H and L visas, who before did not have to get Advance Parole, right?
Raluca: That’s right. H and L workers used to be able to travel without restriction but with this new policy that has changed they must also apply for Advance Parole and if they do not they may be denied entry.
This can be very confusing but because it can change your legal status or ability to apply for one, I would recommend ensuring you have all the correct documentation needed by talking to an attorney before traveling.
Thanks for watching. Remember, we are always here to help and welcome your questions.
Starting March 11,
DACA Is In the News Again. We Talk About Why.
DACA has been in the news off and on for the past year. We talk about why this is and what is going on with it.
Transcript from
We noticed that this administration is pushing for The Supreme Court to make a decision about DACA so we thought we would talk about that today.
I’m Raluca Hanea and I’m an attorney who helps my clients with immigration and other matters. I’m here with my office manager, Nina Cleere.
Nina: Can you tell me what DACA is.
Raluca: DACA stands for Deferred Action for Childhood Arrivals. Basically, people who were brought into the United States illegally as children have any action toward deporting them deferred meaning at this time they will not be deported.
Nina: So we talk about in immigration that you have a “legal status” or you are “out of status” if your legal status expires, right? Raluca: Yes. Nina: So what status do DACA holders have?
Raluca: DACA holders are not here legally so they do not have a status. They can be deported at any time with no notice. This also means that if DACA were found unconstitutional and there was no other protection for them passed by Congress, deportation proceedings could start against them immediately.
Nina: So DACA is not a path to citizenship?
Raluca: No.
Nina: And if deportation proceedings started, what then?
Raluca: Anyone here under DACA may be deported. This might keep them from ever being able to enter the US again. This is hard to accept because many of the people registered under DACA see themselves as more American than a citizen of their country of birth.
Nina: Tell me how DACA started.
Raluca: President Obama signed an Executive Presidential Memorandum, which has the force of law, in June 2012. Besides making it so deportation doesn’t start against them it allows them to apply for a work permit called an Employment Authorization Document (or EAD). They must re-apply every two years for renewal.
Nina: And what has been happening with it lately?
Raluca: The Trump administration had been pushing to rescind the memorandum so that they can, we presume, deport anyone who is here under DACA. They did this on on September 5, 2017. However, due to District Court orders from New York and California, USCIS resumed accepting applications for renewals. They are not accepting applications from anyone who has not been granted DACA before only for renewals.
Nina: So, we’ve also heard about the Dream Act, what is that?
Raluca: DREAM stands for: “Development, Relief, and Education for Alien Minors Act” It is an act that has been proposed several times since 2001 but has failed to be passed. It would put people who came here illegally as children under a TPS (temporary protected status). This means they have a conditional status and then move to permanent residency and citizenship. Because both DACA and the DREAM Act discuss the same demographic of people, many often think they are the same thing but they are not. DACA just stops any deportation proceedings right now. The DREAM Act provides a way for the individuals to become legal. Many people refer to everyone under this umbrella as “Dreamers” and that may be where the confusion began.
Nina: How many people are here in the US under DACA
Raluca: As of January 2017, 740,000 people have registered through DACA.
Nina: So what does all this mean?
Raluca: Anyone who was approved for DACA before the rescission by Trump, is still eligible for the extensions until further notice but this could be withdrawn at any time.
Nina: So DACA has many other parts such as advance parole and what you need to do if you want to obtain a legal status, and we’re not going to address them today though we may in later lives. Let’s talk about the news this week. What is happening with DACA?
Raluca: This administration through the Justice Department is pushing for the Supreme Court to make a decision about DACA whose ending was stopped by an injunction in the 9th District Court which is in California.
Nina: So the 9th District Court hasn’t yet made a decision.
Raluca: No, they issued a temporary injunction. They required the government to keep processing renewals until a final decision on the merits of the case. Other courts have said they think DACA is unconstitutional but again, no court has made a final decision.
Nina: Why do you think that is?
Raluca: I’m not sure if they are trying to see what another court decides or it’s just taking a long time to write their decision with all the supporting case law. One of the issues may be that the Justice Department keeps entering new requests and appealing parts of the case and the Justices are dealing with those in a piece-meal way rather than being able to decide the whole thing. In the New York case final written arguments were due October 5, 2018 and oral arguments had not yet been scheduled.
Nina: So usually a party cannot appeal a decision when there hasn’t been a final order but the Justice Dept asked the Supreme Court to make a decision, right?
Raluca: Yes, that happened in January 2018 but the Supreme Court issued a denial in February 2018 to this request and said they must go to the Court of Appeals (which in CA is a more liberal court that they want to avoid). This is what the Justice Department is asking again, for the Supreme Court to force the Judge in the California case to make a decision so they can review it before they stop working in June.
Nina: It sounds like this might be a really scary time for DACA recipients.
Raluca: Yes, and that is one of the other issues that is being litigated at this time. The original DACA memorandum said that people who filed for this status would NOT have their information shared for enforcement purposes meaning no other agency could be given this information to then deport them. Trump’s administration wants to use this information to start deporting people. Basically, making DACA not only to have been a waste but a danger for everyone who signed up under it. Can you imagine, it’s almost like when they made jews register during WW2 and then used those registries to find them and put them in concentration camps. People tried to obtain a legal status and now Trump and the Justice Department want to use that against them.
Nina: Anything else?
Raluca: Yes, a DC court has rejected the government’s argument about why DACA should end, not once, but twice and looks like it may reinstate DACA fully. There is also current litigation with several states in Texas trying to get DACA thrown out completely.
Nina: So it sounds like a lot is still up in the air with DACA.
Raluca: Yes, it is. It would be highly unusual for the Supreme Court to make any decision right now. Most likely they will allow it all to go through the lower courts, then be appealed and then take an appeal from a higher court case that addresses most of the concerns in all the cases so that they don’t need to hear more than one. This could take at least another year if not longer for this process.
Nina: So what should people do who are in DACA?
Raluca: I highly recommend that people 1. Don’t put off renewing your DACA – as of right now you are able to do so but if you let it lapse you may not be able to renew. 2. Call our office and schedule a consultation, we may be able to find a legal basis for you to obtain a more permanent status where you can eventually become a citizen. If you leave the country, do so with Advanced Parole ONLY. If you do so without that, you may not be able to come back.
The legal information presented on this site should not be construed to be formal legal advice, nor the formation of an attorney/client relationship. Any results set forth herein are based upon the facts of each particular case and do not represent a promise or guarantee for your case. Please contact our office for a consultation on your particular legal matter. 678-615-8529
Thank you for watching.
Watch the youtube video here explaining the policy that went into effect on February 4, 2019.
Changes to USCIS Services Starting February 4, 2019
Raluca talks about a handout she received at USCIS last week. She explains what is changing in their service offerings and how it might impact you and the processing of any filings.
This is the transcript. The video was recorded
Hello Everyone.
Last week I went to USCIS with some clients for a 2nd interview and while I was there I received a handout about some services that are changing for USCIS. I wanted to go over that today.
I’m Raluca Hanea. I provide immigration, estate planning, and family law services for my clients.
My marketing and office manager, Nina Cleere, is here with me.
Thank you for all your likes, shares, and comments as they help others to see our videos.
Nina: Before we get to the change in services, can you tell us if you saw the government shutdown impacting the time you were at USCIS.
Raluca: Sure. While USCIS has said that their services are not impacted because they are fee-based I did spend a longer amount of time there then I usually do.
Nina: Do you think this was because of the individual situation or lack of workers?
Raluca: Well, this case was more complicated than most so that impacted the time there but we were not called back for our appointment immediately either now or a few weeks ago when I went. In the past, they were pretty good about calling you when your time was scheduled. I don’t think the worker ratio has changed but I can’t be certain.
Nina: Ok, so moving on to this handout can you tell us what the changes are?
Raluca: Sure. As of February 4, 2019, USCIS will no longer accept walk-in requests or in-person information services (which they used to do with an InfoPass appointment).
Nina: Let’s break that down. What would a walk-in request be?
Raluca: There could be a number of things people would go in for – requesting information when their case was taking a long time, maybe a client needed something such as a stamp on their passport so they could travel, work, or renew their driver’s license while waiting for USCIS to make a decision on their case. I would have them go to the USCIS and request that. Now, it seems from this notice, that USCIS will no longer offer those services.
Nina: What do you recommend somebody do then?
Raluca: Until this goes into effect, I can’t say 100%. If you know something – such as your driver’s license is going to expire soon – I would recommend that you go immediately and ask for a stamp.
USCIS still has some instructions where they recommend people come in. I’m presuming all of that is going to change but as of right now we don’t know what they are going to offer in the alternative, if anything. We’ll post some links to their website where they offer online self-help assistance but neither we nor our clients have had much success with using them.
Nina: So that doesn’t sound good.
Raluca: No, immigration can be a very frustrating process. A lot of what we do is hurry-up and wait. We haven’t found a workaround to being subject to their processing times. I had liaisons with AILA (American Immigration Lawyer’s Association) but they recently told me they USCIS said they will no longer work with them.
Nina: It’s especially frustrating because people pay quite a bit in fees to USCIS which is one the reasons USCIS hasn’t shut down completely at this time, right?
Raluca: Yes, and they may be raising the fees soon (they usually do around February) but the service isn’t improving which makes everyone, including us, very frustrated.
And, as we mentioned before, there are limited circumstances where you can pay a fee to *perhaps* speed up the processing of your applications but USCIS has stopped accepting some of those and don’t know when they will reinstate them.
Nina: So they are essentially saying “we don’t want your extra money, we’re not going to move faster?”
Raluca: yes.
Nina: Tell us about infopass.
Raluca: Ah, yes, the infamous infopass.
Nina: Why do you say it like that?
Raluca: Well, because it’s well known that it is almost impossible to get an infopass appointment. USCIS says that you can go online and make a free appointment to discuss things about your case. As of today that part of their website isn’t even working but previously people who tried to do so found out that there were rarely open appointments. You would have to go online at midnight for a couple weeks and the closest appointment you could get might be months away.
Nina: So it sounds like phasing it out might not be a bad thing?
Raluca: Well, most people prefer to talk to a human – in person – and even if it took months to do so they felt some relief in being able to schedule an appointment, now you can’t do that.
Nina: And, unfortunately, even as an attorney you don’t have a back door that gives you access to USCIS, right?
Raluca: I don’t. What I do is use my expertise to send everything necessary as soon as possible with a strong legal argument supporting my client’s application.
Nina: We should point out that it isn’t that they are slow or fast, absolutely, but the number of workers is pretty small compared to the number of applications they are processing, right?
Raluca: That’s right. Plus this administration is focusing on reducing immigration so they aren’t motivated to put workers in place to improve the processing time for applications. Even with this shut down a recent story online said they are pulling in E-verify employees to work at USCIS but they are assigning them to process NTAs.
Nina: What does that mean?
Raluca: NTAs are Notices to Appear – that means that deportation proceedings are starting against the individual who receives one.
Nina: That doesn’t sound good.
Raluca: No, it’s not.
Nina: So, is there any good news with these changes?
Raluca: Not yet. They did provide a list of areas on their website that might help you obtain case information. We will post a picture of the notice in the comments so that you can see if you can find help online.
Nina: From my personal experience their “virtual assistant” Emma is no help at all. It literally never lets you send your question. You type it and it never goes through. It’s extremely frustrating.
Raluca: Yes, this whole process can be. That’s why we recommend you hire an attorney. Not that it automatically makes it less frustrating but hopefully their expertise will allow your case to be processed as quickly as possible and you can see the results you want without delay.
Nina: And I’d also add, it helps if you hire an attorney sooner rather than later.
Raluca: Absolutely. So many times people come to me when they have 5 days left to respond when they were given 30. Hiring an attorney sooner rather than later will not only make it so you aren’t paying more with a rush fee but it will give your attorney time to make the best legal argument for your case and ensure that you’re whole application is complete when submitted the first time. Remember, USCIS has a new policy and they can, and we have seen they do, reject incomplete applications and even start deportation procedures against denied applicants.
Thanks for watching. Remember, we are always here to help and welcome your questions.
H1B Premium Processing for Cap Petitions Resumes
In this live video,
Transcript (this was filmed live so may not be exactly the same)
Hello Everyone.
We recently talked in one of our videos how to speed up the immigration process. We mentioned that some processes allow for paying a premium fee to have your application processed in 15 days. There had been a temporary halt to that for H1B applications. On Friday USCIS said they would be accepting them again for H1B cap applications. We are going to talk about that a little more today.
I’m Raluca Hanea. I provide immigration, estate planning, and family law services for my clients.
Here with me, is my marketing and office manager, Nina Cleere.
Thank you for helping other people see our videos with all your likes, shares, and comments.
Nina: Can you remind us what the H1B visa is?
Raluca: Sure. An H1B visa is a visa an employer obtains when they need a skilled worker for a specialty occupation and they weren’t able to find anyone in the US to meet the skills, education, and experience necessary so they hire someone from a foreign country.
Nina: So they have to advertise the position in the US first, right?
Raluca: That’s right.
Nina: And people often think they apply for the H1B visa and they are approved for it, but it’s actually the company that applies for it, right.
Raluca: Yes, that’s an important fact to be aware of. The visa is for the business, not the person.
Nina: Why is that important to know?
Raluca: Since this visa goes with the business, and is for a specific position if a person comes to the US and leaves that company, they do not have a visa, unless they obtained a different one before leaving the company. As soon as they leave the sponsoring company they are considered out of status.
Nina: How does premium processing work?
Raluca: The company pays an additional fee – right now it is $1410 – and a form requesting premium processing. USCIS guarantees a 15 day processing time. If they don’t take adjudi-ca-tive action within 15 days (meaning they make a decision or request more information) they return the fee but they still continue to process the application in an expedited manner.
Nina: So it sounds like its worth it to pay the fee even if they don’t get it done in 15 days.
Raluca: I would agree with that.
Nina: So can a company file their H1B application with the premium processing fee?
Raluca: Usually. But since USCIS had stopped accepting them, they are only accepting them right now for pending applications such as those who have an RFE (request for evidence) not with any new applications.
The Fiscal Y 2019 cap has already been met so that is why they aren’t accepting it for new applications. Any company applying now would be filing to get into the Fiscal Y 2020 group.
Nina: We also had a question about the required salary for H1B visas. Can you tell us a little more about that?
Raluca: Yes. For H1B visas an employer must pay the worker the “RWR” required wage rate. This can be paid either hourly or as a salary and is based on a formula the Department of Labor has devised.
Nina: So there is not a specific amount you must be paid?
Raluca: No, it is based on an industry standard for your position.
However, some congressmen have been talking about a way to limit the amount of H1B visas (remember this administration and many congressmen are trying to limit visa numbers and immigration) by requiring a set amount to be paid. Currently, those who are H1B dependent are held to a stricter set of rules.
Nina: What does that mean H1B dependent?
Raluca: A calculation must be done for the number of employees and the number who are here under H1B visas but it’s usually if they employ more than 15% of their workforce with an H1B visa they are H1B dependent.
Nina: And they have to pay a higher wage?
Raluca: It’s not that they MUST be paid a higher wage it’s that IF they want an employee to not be counted in their H1B numbers (if they are avoiding being considered H1B dependent) the employee must be considered “exempt.” In order to be exempt the employee’s income (including bonuses and other items) must be over $60,000 and one bill proposed it be raised to $130,000. But that bill was sent back for language changes in 2017 and thus far another one has not been introduced.
This is a very complicated topic so we always advise if you have questions, talk to an attorney.
Thank you for watching. If you have any questions, please drop us a private message, post it here, or call our office. We are always here to help.
Legal Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of an attorney/client relationship. Any results set forth herein are based upon the facts of each particular case and do not represent a promise or guarantee for your case. Please contact our office for a consultation on your particular legal matter. 678-615-8529.
USCIS had a new policy that went into effect on 12/10/2018 regarding interviews for I-751 applications (removal of conditions from a green card). Raluca talks about that and gives a tip for your
Please watch our YouTube video here for that tip and other information.
Legal Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of an attorney/client relationship. Any results set forth herein are based upon the facts of each particular case and do not represent a promise or guarantee for your case. Please contact our office 678-615-8529 for a consultation on your particular legal matter.
Below is the transcript. This was shot as a live video so it may not be exactly the same.
Hello everyone!
Yesterday as we were reviewing immigration
I’m Raluca Hanea. I provide immigration and other legal services to my clients.
I’m here with my marketing and office manager, Nina Cleere.
We really appreciate you watching us as well as your likes, shares, and comments. Thank you so much.
Nina: First thing, will you tell everyone what the I-751 is?
Raluca: Sure
Nina: I know we talked about this in another video but can you explain a little more about that.
Raluca: Sure. When someone applies for a green card through marriage if they are not married for a certain time period or haven’t lived in the US for a certain time they get a green card that is only good for 2 years. Before that expires they must apply for a permanent green card.
Nina: And even though it says permanent it’s really only good for ten years and they must renew it, right?
Raluca: That’s right. Although, their status doesn’t expire
Nina: When you apply for a conditional green card you usually have an interview with USCIS, right?
Raluca: Yes, when you apply for a green card – conditional or not – you will have an interview. USCIS wants to make sure that the marriage is not fraudulent but is a real marriage, therefore they will meet with you and possibly your spouse.
Nina: I know you said possibly with your spouse so is that as a couple?
Raluca: It often is. If your spouse is out of the country, it may be at a consulate and the US Citizen spouse does not need to attend but it is recommended that they do. If they don’t attend and there is a question as to the validity of the marriage, they may require, the officer may require, your spouse to go to a separate interview in the US.
Nina: Will they keep you together?
Raluca: Usually yes. They can separate you during the interview and question you individually or, if they feel there is fraud, you may have a second interview called a “stokes interview” where you will be in separate rooms and asked the same questions to see if your answers are the same. We will do a
Nina: I’ve read that all USCIS officers go into the interviews presuming that the marriage is based on fraud, would you agree with that?
Raluca: Yes, this is what the law requires them to do. They presume that you got married for a green card and it is up to you to disprove that presumption.
Nina: Can you give us one tip today and then we’ll do a live on interviews? What’s your tip you want them to know.
Raluca: Ok, one tip would be to bring with you everything your attorney tells you to bring. They will give you a list, so bring everything on that list. I have had clients delay the receipt of their green card because they didn’t bring the documents I instructed them to bring or they didn’t check that list.
Nina: So you have the interview, tell me about this new policy.
Raluca: Well, it is interesting because in August 2017 this administration expanded in-person interview requirements (for adjustment of status, for employment and refugee/asylum seekers) but now this new policy says that USCIS does not have to have an in-person interview for adjustment of status for married couples so that means those who have filed an I-751.
Nina: Is that for every case?
Raluca: No, unfortunately.
Nina: Does it say who it would apply to specifically?
Raluca: We will put a link to the memo. But basically it gives the USCIS officer – the one who reviews the file and conducts the interview – it gives them DISCRETION to waive the second interview meaning the one they schedule when you are trying to remove conditions. Link: https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage
Nina: We have clients for whom we have filed their I-751 several months ago, is this going to apply to them?
Raluca: No, it only applies to applications received after 12/10/2018.
Nina: What factors, if this policy tells you, does the USCIS officer consider when waiving the interview?
Raluca: In the memo it says that they can make a discretionary decision when the case is not very complex and they feel that sufficient information has been submitted to show this is a bona fide marriage.
Nina: Do you know what that entails?
Raluca: Since this policy went into effect two days ago I don’t know what they consider sufficient information or not very complex, but as time passes I will keep in touch with my AILA (American Immigration Attorney Association) colleagues and will use that to inform my clients so we submit all the necessary information.
Immigration News
© [2011] · Hanea Law Firm
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