Author: immilawyernj

The § 237(a)(1)(H) waiver is a humanitarian waiver for certain individuals who have been placed in deportation proceedings and charged with fraud or misrepresentation. Its function is essentially a form of relief from removal and or deportation. It considers and allows you to defend yourself against alleged fraud or misrepresentation when admitted into The United States. In order to apply for a 237(a)(1)(H) waiver the respondent must come before an immigration court and request this relief. If the waiver is granted, the applicant is safe from removal which results in termination of proceedings. So who is eligible?

the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and

was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182(a) of this title which were a direct result of that fraud or misrepresentation. a lawful permanent resident through adjustment of statusa VAWA self-petitioner.

Who is not a Qualifying Relative?

Children The spouse of fraud marriage

Also consider, a deceased parent or child is not usually able to be a qualifying relative. There are very specific instances in certain states that consider deceased relatives in specific cases.

What kind of Fraud or Misinterpretation?

There are a few instances where the fraud or misinterpretation can be applied under this waiver.

An individual who claimed to be an unmarried child of a legal permanent resident even though they were actually married at the time An individual who immigrated based on a marriage that had been already legally terminatedAn individual who conditional legal permanent resident who immigrated through a petition from a spouse or step parent and the petitioner and spouse were not married for two years at the time of admission or adjustment of status.

This waiver, on the other hand, does not apply to people who were already otherwise inadmissible into the country due to other crimes, deportations, or unlawful restrictions.

This waiver once submitted is up to the discretion of the judge to weight the respondent’s actions in the court of law. Hardship does not have to be considered when the judge is deciding to grant this waiver. We at the Law Offices of Cindy Ramjattan Paul can advise you on whether you qualify for this waiver. For more information please do not hesitate to contact us at (973)542-0200.

Covid-19 has affected all of us in ways that we never saw coming. Many immigrants who have abided by the laws of the country, and kept up with all processes the government has required of them, are stuck in foreign countries due to travel bans. Many of them will overstay their visa in that foreign country. So now what, what can be done?

If you are outside of the United States for less than one year

If you are a legal permanent resident and you have been out of the United States for over six months but less than one year, you will still be permitted to travel to the United States if your travel documentation is valid, such as your passport or a U.S. driver’s license. You can re-enter the United States if your green card is expired as long as you have a current passport or other current identification.

If you are outside of the United States for over one year

Under current regulations, a lawful permanent resident (LPR) of the United with a green card must return to the United States within 364 days of the last departure in order to retain status as a permanent resident. If the person has obtained a re-entry permit (Form I-131), the person must return to the United States within the validity of the re-entry permit in order to retain status as a permanent resident. Re-entry permits cannot be extended, and applications are only accepted in the United States by the U.S. Citizenship and Immigration Services. See www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf for more information.

If you are an LPR who remains outside the United States for over one year without a valid re-entry permit and has jeopardized his/her legal resident status

If such an individual wishes to return to the United States as an LPR, two options exist:

Either a relative in the United States files a new immigrant visa petition ORThe LPR applies for a Returning Resident (SB-1) visa.

In order to apply for an SB-1 visa, the applicant should schedule an online appointment with the U.S. Consulate, once re-opened for routine visa services. If the travel is urgent, or the applicant is unable to schedule an appointment online, he or she may visit U.S. Consulate General. The applicant must consult with their designated consulate for more information on the necessary documents.

We hope that this information is of use and helps someone as knowledge is power and we must exercise our rights. For any further information or to schedule a consultation please do not hesitate to call us at (973)542-0200.

So you’re in love and distance is the only obstacle to fulfil your goals of marriage, now what? The United States government has a visa for that! In the case that you are a United States Citizen and you are engaged to be married with an individual who is a foreign citizen, you can facilitate that process through filing for a K-1 Visa. This Visa allows foreign citizen fiancés to travel to the United States to marry their beloved within 90 days of arrival. Filing the Petition Form I-129F is the proper first step to attain K-1 visa. But, what does it take to be approved for form I-129F?

First and foremost, this should go without saying but you MUST be a United States Citizen to sponsor a fiancé. Secondly, the sole intention of the trip to the United States is to strictly marry the petitioner. That must be backed up with proof of such, for example, wedding invitations, booking conformations, invoices of spending, etc. There must also be evidence that the parties have met in persona at least once within two years of filing the application. You must bonify your relationship and have proof of love and communication through text messages, phone records, money transfer receipts, pictures, gifts, letters, etc. Once those things are proven and the Petition Form I-129F is filed and approved by USCIS the National Visa Center will give you a case number and a date of interview at the designated U.S Embassy. In the case that the beneficiary has children they are eligible to apply for a K-2 visa based off of the approval of the parent’s petition when they are listed on the petition.

The interview requires both parties to be prepared to answer questions as well as provide additional proof to confirm the union. There can be no legal impediments to the marriage, for example, underage marriage is not permitted as well as legal existent previous marriage. The official Online Non-immigrant Application (DS-160) must be completed for the interview as well. Any prior criminal history must be disclosed by both parties. The National Visa Center also requires proper medical examination results the day of the interview as well as evidence that the petitioner can fully support the beneficiary. The additional items that are required at the interview are…

PassportBirth certificateDivorce and/ or death certificatesPolice certificatesPayment of feesTwo 2×2 photographs

In the case that the interview goes well the parties must be married within 90 days after entry into the United States. All that is left to do is file for resident status as well as both employment and travel authorizations if desired. At The Offices Of Cindy Ramjattan Paul we work tirelessly to ensure that your petition is likely to be approved.

Contact our firm today to learn more and schedule a consultation at 973-542-0200!

The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), expires in 60 days and may be continued as necessary. Within 50 days from the effective date, DHS and the Department of Labor shall recommend whether the President should continue or modify the proclamation.

The order suspends the entry of CETAIN individual seeking to enter the U.S. as an immigrant (resident) who:

Is outside the United States on the effective date of the proclamation;Does not have a valid immigrant visa on the effective date; andDoes not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission.

People exempted from this proclamation:

Those that have already applied or will apply for adjustment of status in the U.S.;Lawful permanent residents (LPR);Spouses of U.S. citizens;Children of U.S. citizens under the age of 21 and prospective adoptees;Nonimmigrant visa holders and applicants; However, within 30 days of the effective date, nonimmigrant programs will be reviewed to determine whether additional restrictions will be added.Physicians, nurses, or other healthcare professionals coming to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by Dept. of State and DHS).EB-5 immigrant investors;Non-immigrant pursuant to C-1, D, or C-1/D nonimmigrant visa as crewmember or any alien traveling as air or sea crew;Individuals who would further important U.S. law enforcement objectives (as determined by DHS and DOS);Members of the U.S. Armed Forces and their spouses and children;Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification);Individuals whose entry would be in the national interest (as determined by DOS and DHS); and;Asylum seekers.

Discretion: It is within the discretion of the consular officer to determine if an individual is within one of the exempted categories.

Non-permanent residents now have a new way to challenge their removal proceedings. It has been made possible by a recent legal decision by which many are encouraged since it has the potential to assist many non-citizens in the United States.

In an eight to one (8-1) ruling, made on June 21, 2018, the Supreme Court of the United States held that “a putative notice sent to a non-permanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.”

An applicant for cancellation of removal must accrue ten (10) years of continuous physical presence, accompanied with other variables, to qualify for relief from removal. The statute states that when the Department of Homeland Security (DHS) issues a notice to appear (NTA) for removal proceedings, the NTA stops the clock on the accrual of a non-citizen’s ten (10) years of continuous physical presence.

However, 8 U.S.C. 1229(a), defines the NTA as a notice that provides specific information, including “the time and place at which the proceedings will be held.” In practice, a huge majority of NTAs that are served on non-citizens to initiate removal proceedings.

never include the time and place of the removal proceedings. In Pereira v. Sessions Petitioner Wesley Fonseca Pereira (Pereira), a native and citizen of Brazil, who arrived in the United States in 2000 and remained after his visa expired. He was shy of the ten (10) year continuous residence requirement when he received a notice from the DHS placing him in removal proceedings. Given that Pereira’s NTA did not contain the time and place of the removal proceedings, the Supreme Court held that the issuance of an NTA to him did not prompt the stop-time rule, which rendered him ineligible for cancellation of removal. Therefore, even after receipt of deficient notice, Pereira continued to accrue time towards his presence in the United States. On that basis, Pereira should be able to reopen his immigration court case and apply for cancellation of removal, which if granted, would give him lawful permanent residence status.

This ruling could have colossal ramifications on thousands of individuals, including persons who are currently in removal proceedings and persons who have been ordered deported. If the Supreme Court defines an NTA as a document that must have the time and place of proceedings in all circumstances, most people currently in removal proceedings can challenge the NTA as deficient and move to terminate proceedings.

Currently, some Immigration Court Judges take a broader view and have extended its implication beyond the Stop Time Rule, effectively terminating proceedings based on a lack of subject matter jurisdiction is holding that if the NTA is not valid, the court lacks jurisdiction, and therefore, the authority to render decisions regarding any issues that may be raised.

While the DHS can always file a new and corrected NTA, it does buy a person in removal proceedings time, and may help tremendously with case completion rates, a purported goal of the Department of Justice.

If you have any questions about the recent immigration changes or what to do if you, or someone you know, is apprehended by Immigration and Customs Enforcement (ICE), do not hesitate to contact our office at (973) 542 – 0200. We have trained staff that can speak in Spanish, Hindi and Gujarati

Currently, there are key changes occurring in immigration law. On February 17, 2017, the Secretary of the Department of Homeland Security, “DHS”, John Kelly, signed two memos into effect. They implement the two Executive Orders President Trump issued on January 25:

Border Security and Immigration Enforcement Improvements Policies Enforcement of the Immigration Laws to Serve the National Interest.

These Orders reverse the majority of President Obama’s immigration policies. However, as of now, the memo protecting DACA is still enforced. While Trump cannot change laws, he is able to change policy and enforcement priorities. Here are the important things to know and understand:

Immigration and Customs Enforcement. “ICE” will hire 10,000 agents and Customs and Border Protection “CBP” will hire 5,000. There will no longer be a lenient approach to alien victims of crime or witnesses. Deportation is prioritized for anyone who: commits or is suspected of committing a crime, convicted of any criminal offense, works illegally, has lied or concealed information on any government form, with a final order of removal, and basically, for being unlawfully present. These provisions also effect lawful permanent residents who commit crimes. The 287(g) program is to be expanded. It allows local law enforcement to act as ICE agents. Because local law enforcement is minimally trained in immigration law, it is essential to know your rights:Right to remain silent- pertains to everyone, regardless of immigration status.Right to refuse to speak to an ICE agent.Right to an attorney and to make a phone call. Refrain from answering questions regarding birth place, immigration status, and how you entered the country. Instead, say that you want to remain silent until you speak with an attorney. Do not sign anything until you speak with an attorney. Right to demand a warrant. You do not need to open the door unless the agent show a warrant with your name and address that is signed by a judge.Right to refuse to show any documents before speaking with an attorney.The Victims of Immigration Crime Engagement Office (VOICE) serves to tell victims what happened to the immigrant who committed the crime against them. However, it is unclear whether immigrant victims will receive U-visas. If you work with undocumented immigrants, ICE may assess and collect fines from you.Sanctuary cities, counties, and states will be targeted. If these places release individuals that ICE placed a request for a voluntary hold on, ICE will release weekly lists that include the immigrant’s personal information such as name, home address, and immigration and criminal history.Under Section 235 – CBP will detain immigrants who seek asylum relief. The exception is those who claim a fear of returning to their country. So, it is important that immigrants who do not have an actual fear of returning not say that. Section 235 will also be expanded internally. Thus, if immigrants are detained and cannot prove at that time that they have been present in the country for two years, they will be removed without a hearing. Mexican and Canadians that are detained with a claim for relief will be returned to their countries immediately while the case is process in the courts.Unaccompanied children at the border will no longer be considered “unaccompanied minors” and will not be eligible for “special immigrant juvenile” relief. Further, parents of unaccompanied minors will be criminally charged and placed in deportation proceedings.

If you have any questions about the recent immigration changes or what to do if you, or someone you know, is apprehended by ICE, do not hesitate to contact our office at (973) 542 – 0200. We have trained staff to speak in Spanish and Gujarati.

Non-citizens have served in the United States military for decades. Today, about 5,000 green card holders enlist in the military each year, and the law recognizes the sacrifice that these individuals make. For this reason, the Secretary of Defense wanted to find a way to give back and has authorized the military services to recruit certain legal aliens whose skills are considered to be vital to the national interest.

As a result, Military Accessions Vital to the National Interest (MAVNI) recruiting program was created to allow legal non-citizens with in-demand skills to join the Army in exchange for expedited U.S. citizenship. MAVNI also offers eligible physicians an expedited pathway to U.S. citizenship in exchange for service as commissioned officers and physicians in the U.S. Army.

This limited pilot program will recruit up to 5,200 people in Fiscal Year 2016, and will continue through September 30, 2016. Since September 11, 2001, over 109,250 members of the Armed Forces have attained their citizenship by serving the United States.

The Program has many benefits, including: bypassing the green card process and gaining U.S. citizenship; attending high-quality training; earning a steady income with benefits for soldiers and their families; gaining leadership skills; and earning money for college.

Applicants must commit to a certain number of years to the military, and meet other proficiency requirements. Also, to be eligible for the program:

Applicants must be in one of the following categories at the time of their enlistment:Non-immigrant categories E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U or V;Asylee , Refugee, Temporary Protected Status (TPS); orDeferred Action for Childhood Arrivals (DACA). Applicants must legally reside in the United States for a minimum of two years prior to joining the Army (excluding DACA) without a single absence from the country for longer than 90 days;Applicants must have a high school diploma and a qualifying score on the Armed Forces Qualification Test (AFQT); andMust be 17-34 years old and be under 35 at the time of shipping to BCT.

The current languages being recruited are:

AlbanianAmharicArabicAzerbaijaniBaluchiBengaliBulgarianBurmeseCebuanoCambodian-KhmerChineseCzechFrench (with citizenship from an African Country)GeorgianHaitian CreoleHausaHindiHungarian Ibo/IgboIndonesianJapaneseKashmiriKoreanKurdishLaoMalayMalayalamMoro (Tausug/Maranao/Maguindanao)NepalesePashtoPersian DariPersian FarsiPolishPortuguesePunjabiRomanian RussianSerbo-CroatianSindhiSinghaleseSomaliSwahiliTagalogTajikTamilThaiTurkishTurkmenUkrainianUrdu (with citizenship from Pakistan or Afghanistan)UzbekYoruba

If you have any questions about the MAVNI program, please do not hesitate to contact our office at (973) 542-0200 or contact your nearest Army recruiting office. We also have trained staff to speak in Spanish and Gujarati.

As you may have heard in the news, Immigration and Customs Enforcement (also known as “ICE”) has recently been engaging in immigration raids all over the country. In a recent statement, Jeh C. Johnson, the United States Secretary of Homeland Security, states that the focus of these removals were adults and children who:

Were apprehended after May 1, 2014 crossing the southern border illegally;Have been issued final orders of removal by immigration court; and Have exhausted appropriate legal remedies, and have no outstanding appeal or claim for asylum or other humanitarian relief under our laws.

In other words, ICE’s recent raids were not focused on those unlikely to fit into one of the above categories. However, this does not quell the fears of many undocumented individuals currently in the country, who believe that they or someone they love could be deported next.

In fact, many of the individuals apprehended were women and children who crossed the border in the spring of 2014, many of whom fled to escape gang-related and domestic violence in their home countries of El Salvador, Honduras and Guatemala. They may have a legal claim for asylum based on a genuine fear of returning to their home country.

Secretary Johnson continues that, “as part of these operations, 121 individuals were taken into custody, primarily from Georgia, Texas, and North Carolina, and they are now in the process of being repatriated. To effect removal, most families are first being transported to one of ICE’s family residential centers for temporary processing before being issued travel documents and boarding a return flight to their home countries” and a number of precautions were taken, such as having medical and female personnel available.

Another alarming issue is that minors traveling without parents are coming into the United States at an increasing rate. For instance, border agents apprehended about 10,600 minors in October and November 2015, versus about 5,100 during those months in 2014. The issue of where to house the children in the meantime, as well as their treatment, are raising grave humanitarian and social concerns that must addressed.

White House Press Secretary Josh Earnest said in a press release that “ politics did not factor ” into the decision by DHS to conduct raids, meaning that DHS made the decision independent of the influence of recent Presidential campaigns, but many are skeptical of the neutrality of the raids. Either way, this is an important issue that will have a significant impact on the future of our country.

If you have any questions about the recent immigration raids or what to do if you are someone you know is apprehended by ICE, please do not hesitate to contact our office at (973) 542-0200. We also have trained staff to speak in Spanish and Gujarati.

The Visa Waiver Program (VWP), and immigration generally, has been a hotly-debated topic for the upcoming Presidential election and has worsened in light of the Paris and San Bernardino attacks. The VWP allows certain eligible citizens or nationals from designated countries to travel to the United States without visas in exchange for visa-free travel (for 90 days or less) to those countries by United States citizens. The Department of State administers this program and ensures that applicants undergo many levels of security measures to prevent terrorists, serious criminals, or other potentially dangerous people from entering the United States.

VWP eligible individuals are generally permitted to enter the United States for business or tourism, but are not allowed to study for credit, work, or retain permanent residence. There are also many other requirements. For example, the individual must have authorization to travel without a visa through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound sea or air carrier. In order to get an ESTA, you must submit biographic, travel, and credit card information in advance, and you must have a round trip ticket to prove that you intend to return to your home country, among other requirements.

However, in light of recent events, new restrictions have been proposed on VWP eligibility for certain individuals. For instance, people who have been present in Iraq, Sudan, Iran, Syria, or other countries designated by DHS as supporting terrorism or “of concern” at any time on or after March 1, 2011, are not eligible to participate in the VWP. The new law also excludes from the VWP individuals who are nationals of those designated counties, even if s/he has never resided in that country.

The increased security implementations and restrictions have been a source of great debate by many groups. Some say that the VWP helps drive U.S. economic growth by generating tax revenue and creating jobs, while opponents are extremely concerned about our national safety and think that the restrictions are fair to keep out terrorists and potential dangerous criminals. No matter what side you are on, this is an issue of great debate and the new developments are important for everyone to consider.

The latest Ebola outbreak is the worst in history, with more than 15,000 cases and over 5,400 deaths reported globally. In an effort to protect those who are already in the United States from deportation, on November 20, 2014, the Department of Homeland Security (DHS) announced a measure called the Temporary Protected Status (TPS). The TPS will be granted to those people currently living in the United States who are from Liberia, Guinea, Sierra Leone- the three West African countries most affected by Ebola.​

The Secretary of Homeland Security may designate a country for TPS

if the conditions in that country temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already here in the United States.

People who are eligible may apply to the USCIS for protection from deportation, as well as for work permits (employment authorization document (EAD)) for 18 months. The 180-day TPS registration period begins November 21, 2014 and runs through May 20, 2015. After 18 months, the U.S. will determine whether protection should be extended, based on the level of the Ebola epidemic in West Africa. However, applicants must be able to pass a background check. Those with a criminal history will not be approved. Also, you may not be eligible for TPS or to maintain existing TPS if you are found inadmissible as an immigrant under applicable grounds in INA Section 212(a), including non-waivable criminal and security-related grounds, or if you fail to meet initial or late initial TPS registration requirements.

To be eligible for TPS, applicants must also have been “continuously residing” in the United States since November 20, 2014 and “continually physically present in” the United States since November 21, 2014. Additionally, in order to prevent the disease from spreading, the 8,000 people estimated to be eligible will not be allowed to travel home once granted TPS.

Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States. TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status. However, registration for TPS does not prevent you from: applying for nonimmigrant status, filing for adjustment based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible.

For more information about details and procedures for TPS, visit : www.uscis.gov/tps