Hallandale: (954) 457-1941 Ft. Myers: (239) 931-6558phone

Information on President Obama’s Executive Action on Immigration

Articles on Obama’s Immigration Executive Action

President Obama has announced several broad policy changes that will likely benefit million of undocumented immigrants.      Below find information on various components of the president’s plan.

Obama Executive Action on Immigration Summary    A brief synopsis by the American Immigration Lawyers Association (AILA) of the Obama’s immigration plan.

Memo on Expanding Provisional Waiver I-601A   A plan to expand the availability of provisional waivers (of the unlawful presence bar).

Obama Executive Action Fact Sheet  November 20th White House fact sheet outlining the president’s “immigration accountability executive action.”

ICE Memo on Seeking Prosecutorial Discretion  Immigration and Customs Enforcement (ICE) memorandum advising individuals in immigration custody or otherwise facing deportation (removal) of remedies available as a result the new policies being put into effect.

2014 Prosecutorial Discretion (Deferred Action) Memo  New policies governing the apprehension, detention and removal (deportation) of undocumented immigrants.

Stay tuned for more information about the implementation of President Obama’s executive action on immigration.

This article is general in nature, and not intended as legal advice.
Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen

 

                                                Would You Like to Know More?

 

Mitchell J. Cohen is a 15-year member of the American Immigration Lawyers Association and Member of The Florida Bar, with law offices in Hallandale Beach and Fort Myers, Florida. He has extensive experience litigating cases before the USCIS, Immigration Courts, and Board of Immigration Appeals.

Hallandale Beach (Main) Immigration law Office:                             Fort Myers Immigration Law Office:
1250 E. Hallandale Beach Blvd., Ste. 500                                             3620 Colonial Blvd., Ste. 160
Hallandale Beach, FL 33009                                                                    Fort Myers, FL 33966
Tel. (954) 457-1941                                                                                     Tel. (239) 931-6558

U.S. Immigrant Investor Visa

What is the EB-5 Immigrant Investor Visa?

Million Dollar Visa

Get a Green Card Through Investment

 

 

 

 

 

 

 

Under the Employment Based Immigrant Visa Program, a foreign national can apply for immigrant visas (“green card” status) for himself/herself and immediate family members (spouse and children under the age of 21). The EB-5 visa is generally referred to as an “Immigrant Investor Visa,” the “Million Dollar Investor Visa,” or the “Job Creation” visa. The stated purpose of the EB-5 visa program is to foster investment and job creation in the United States by foreign nationals.

Investment Must be a “New Commercial Enterprise.”

In order to qualify for an EB-5 visa, the applicant needs to invest in a “new commercial enterprise,” which is defined as a commercial enterprise (a/k/a business or company) established after November 29, 1990. If the commercial enterprise was established on or before November 29, 1990, it must be purchased and restructured or reorganized in such a manner that it results in the establishment of a new commercial enterprise, or it must be expanded through the capital investment so that a 40 percent increase in number of employees or net worth occurs.

EB-5 Business Entity Must be For-Profit.

A commercial enterprise for purposes of the EB-5 visa is defined as any for-profit activity formed for the ongoing conduct of lawful business. Examples of acceptable investor visa companies include:  corporation, sole proprietorship, partnership (limited or general), joint venture, holding company, business trust or other entity, which may be privately or publicly owned.

The Investor will Create 10 Full-Time Jobs.

The foreign investor must in general create at least 10 (ten) full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the United States on the EB-5 visa.  A full-time employee is defined as one who works at least 35 hours per week.   The immigrant and his derivative family members do not count towards the 10 full-time jobs.

In some cases in lieu of creating 10 full-time jobs, an EB-5 investor may be credited with “preserving” 10 preexisting full-time jobs, if the company deemed by USCIS to meet the Immigration and Nationality Act’s definition of a “troubled business.”

1 Million Dollar Investment.

A million dollar investment in the U.S. commercial enterprise generally required.

The $500,000 U.S. Investor Visa.

The U.S. Immigration and Nationality Act provides that a foreign investor under some circumstances may qualify for an investor green card based on an investment of only 500,000 USD.   To qualify, the commercial enterprise invested in must be located within “targeted employment area” which means either designated “high-employment” areas or areas designated as “rural.”

Targeted Employment Areas in Florida include the following areas designated as rural:  Bradford County, Calhoun County, Citrus County, Columbia County, DeSoto County, Dixie County, Franklin County, Glades County, Gulf County, Hamilton County, Hardee County, Hendry County, Jackson County, Lafayette County, Levy County, Liberty County, Madison County, Monroe County (excluding Key West), Okeechobee County, Putnam County, Sumter County, Suwanee County, Taylor County, Union County, Walton County, Washington County.

A map of non-rural, high-unemployment zones – whose unemployment is 150 percent can be found here (Mitchell J. Cohen, P.A. is not affiliated with the site, and does not endorse the map’s accuracy).

 

 

 

Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen is a member of the American Immigration Lawyers Association (AILA) and represents foreign nationals in the greater Miami-Ft. Lauderdale-Palm Beach and Fort Myers-Naples-Tampa Metro areas in Florida, and before U.S. Embassies and Consulates worldwide. Immigration Law Offices in Hallandale Beach (954 457-1941) and Fort Myers, Florida (239 931-6558).

Would You Like to Know More?

 

This article is general in nature, and not intended as legal advice.

New Parole in Place Policy Benefits Military Spouses and Others as Well

The November 15th USCIS Parole in Place Memorandum

USCIS Benefits for U.S. Armed Services Spouses, Parents and Children

USCIS Benefits for Armed Services Family Members

 

The USCIS has announced a policy in which certain relatives of military personnel who entered the United States without inspection (“EWI”), can apply to be “paroled in place.” The parole, if granted, will position the relative to apply for permanent resident status (green card), through the USCIS, without leaving the United States.

The policy was finalized in a binding memorandum, dated November 15, 2013, entitled “Parole of Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve and the Effect of Parole on Inadmissibility under Immigration and Nationality Act § 212(a)(6)(A)(i).”    See Parole_in_Place_Memo.

The gist of the USCIS memo is that immediate relatives of present and past servicemen and servicewomen in the U.S. Armed Forces and Ready Reserves who entered the country without inspection, can now file a request with their local USCIS office to be paroled in place. Immediate relatives are parents, spouses and certain children and stepchildren of U.S. citizens. Children under the age of 21, qualify as immediate relatives, and would be eligible to adjust status if paroled. Similarly-situated stepchildren may qualify as well, so long as the marriage took place prior to the child’s 18th birthday.

The USCIS Memo Opens the Door for Permanent Residence for Others as Well

The USCIS memo lays the foundation for other groups of individuals to benefit as well. For example, many individuals who entered the United States without inspection, who were then detained and were released under the USCIS parole authority, would also be positioned for adjustment of status under the interpretation set forth in the memo.

In fact, in theory the DHS has the discretionary authority to parole any alien who has not been “admitted” into the United States. Foreign nationals who have entered the United States without inspection may be paroled in place, at the discretion of the DHS. The November 15th memorandum basically creates a large class of individuals who the USCIS as a matter of policy will likely grant parole in place, absent “adverse factors.”

Prior to the USCIS parole in place memorandum, I successfully applied for parole in place for several clients who were not relatives of Service Members. The parole request packages included evidence and a legal brief which highlighted the compelling humanitarian factors present in each case. Among my clients was a Haitian national who had entered the United States without inspection, but was now married to a U.S. Citizen, with whom he had several children. When I was hired by him, he was in Immigration Court removal proceedings in Miami. By diligently advocating on my client’s behalf I was able to persuade DHS to parole him in place. The Immigration Judge granted my motion to terminate proceedings, and my client then was able to adjust his status to lawful permanent resident in front of USCIS.

The USCIS guidance in November 15th memorandum also will likely to clarify the eligibility of people who originally entered the United States without inspection but then traveled on advance parole, and were paroled back into the United States. The memo makes clear that these individuals are not to be “inadmissible” to the United States as aliens who arrives at a place other than a designated port-of-entry. The memo makes clear that the parole cures that issue.

Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen is a member of the American Immigration Lawyers Association (AILA) and represents individuals at Krome, BTC, the Glades Detention Center, and throughout Florida.   Immigration Law Offices in Hallandale Beach (954 457-1941) and Fort Myers, Florida (239 931-6558).

Would You Like to Know More?

 

This article is general in nature, and not intended as legal advice.

Tips for Using the ICE Online Detainee Locator System

By Mitchell J. Cohen, Esquire

 

Immigration Detainee Locator When someone is detained by Immigration and Customs Enforcement (ICE) it is often a challenge to find out where immigration has locked them up. ICE has a page called the “Online Detainee Locator System,” which may be helpful in locating someone in immigration custody.  The page states that the locator system can be used to locate current ICE detainees as well as individuals released from immigration custody within 60 days.   The system cannot search for persons under the age of 18. The ICE online detainee locator system allows the user to conduct a search using the detainee’s “A-Number” (also known as an “Alien Number” and his/her date of birth, or if the A-Number is unknown, a search may be conducted by entering the detainee’s biographical information A individual may be assigned an alien number under a variety of circumstances.   It may have been assigned in connection with a person’s application for an immigration benefit.    An individual’s alien number might be found on a USCIS receipt notice (Form I-797).   It can be found on a person’s USCIS employment authorization document (also known as a “work permit), or his or her permanent resident card (a/k/a “green card”).   An individual may also be assigned an alien number as a result of being placed in immigration court removal proceedings.    If a person has not been assigned an alien number previously, ICE will assign a new one upon taking that person into immigration custody.    Sometimes an individual will have one, two or even more alien numbers that have been assigned to him over the years. That is why it may be useful to gather together as many of the detainee’s immigration documents, to ascertain all alien numbers assigned to him/her.

Searching to ICE detainee locator system by biographic information is more of a challenge, because the system does not employ “fuzzy logic.”   Rather, the detainee’s first and last names must be entered exactly as they are listed in ICE’s system.   It may be necessary to experiment searching with variations of a person’s name,  including or excluding hyphens, or adding or subtracting the mother’s surname, or even entering known aliases. If you receive a phone call from someone in immigration custody ASK WHERE HE OR SHE IS (the name of the facility, and address).   ASK WHAT ALIEN NUMBER AND/OR JAIL NUMBER HAS BEEN ASSIGNED TO HIM OR HER.   Oftentimes the alien number and jail number will be on a wrist-band. Unfortunately, the reality for many is that it can take hours or even days to locate a person who has been arrested by immigration.   The arrested individual may be taken to one ICE facility to be “processed” but then moved to another to be incarcerated.     Even when someone is actually located within a facility, it may several hours or even overnight for that person to be entered into the facility’s computer system.   Again, if calling a immigration detention center, it is helpful to have the A number handy.

ICE detention centers and contract facilities in Florida

18201 SW 12th St, Miami, FL 33194
Phone :  (305) 207-2001 / (305) 207-2100
Krome Detention Center.
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3900 N. Powerline Road, Pompano Beach, Fl 33073
Facility Phone: (954) 973-4485    BTC ICE:  (954) 545-6060
Broward Transitional Center.
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 1297 East SR 78, Moore Haven, FL 33471
Phone:  (863) 946-0062
Glades County Jail Immigration Detention
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1 Sheriff’s Office Drive, MacClenny, FL 32063
Phone:  (904) 259-3311
Baker County Jail Immigration Dentention
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15 Oak Street, Crawfordville, FL 32327
Phone:  (850) 942-8301
Wakulla Immigration Detention
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Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen is a member of the American Immigration Lawyers Association (AILA) and represents individuals at Krome, BTC, the Glades Detention Center, and throughout Florida.   Law Offices in Hallandale Beach (954 457-1941) and Fort Myers, Florida (239 931-6558). Would You Like to Know More?

What is an Immigration Detainer?

The ICE Hold

by Mitchell J. Cohen, Esquire

An immigration detainer (sometimes referred to as an “ICE detainer” or “ICE hold”) is a notice from the Department of Homeland Security that is given to a state or local law enforcement agency advising that agency that DHS intends to take custody of an incarcerated individual once he or she would otherwise be released.    The reasons for immigration to place a hold on someone are varied, however, usually it has to with DHS intending to remove (deport) that person from the United States.    An individual with an immigration detainer might be placed in removal proceedings or may in fact already have an outstanding order of removal.

If there is an detainer (a/k/a “ICE Hold”) on someone in jail, once that person posts bond on the criminal matter, the jail may continue to hold that person even though bond has already been posted.   Immigration in general has 48 hours then to pick up that person from jail.    That person now may be “processed” at an ICE facility, which may include being interrogated, fingerprinted, and photographed.    A Notice to Appear in Immigration Court may be served on the person being held.  ICE in some cases may release the person on his or her own recognizance or detain further in an immigration detention center or contact facility pending removal proceedings or execution of an outstanding order of removal (deportation).

The Immigration Detainer Automatically Expires After 48 Hours

The detainer only authorizes a law enforcement agency to keep an individual in jail for 48 hours (2 days), beyond the time that person should have been released (excluding weekends and holidays).   It is against the law for the state or local jail to hold a person beyond the 48 hours (excluding Saturdays, Sundays, and holidays).   See the provisions listed on Form I-247 Immigration Detainer.

 

Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen

 

 

  Mitchell J. Cohen, Esquire is a member of the American Immigration Lawyers Association.  Cohen represents

  individuals in Immigration Court removal proceedings, and handles a variety of other types of immigration cases.

Immigration Law Offices in Hallandale Beach, and Fort Myers, Florida.   Call (954) 457-1941 (Hallandale Beach Office)

or (239) 931-6558 (Fort Myers Office).    Would You Like to Know More?

Fort Myers Immigration Physical Resources and 3 Tips for Green Card Applicants

By Mitchell J. Cohen, Esquire
Last Updated: 01/15/2013

USCIS Civil Surgeons (for immigration physicals)

green card attorney

Attorney Mitchell J. Cohen

When a person applies for adjustment of status to lawful permanent resident status (“green card” status), the USCIS requires that the results of an immigration physical be submitted in a sealed envelope. Only designated USCIS-approved “civil surgeons” may perform the examination, and complete Form I-693 Report of Physical Examination and Vaccination Record.

Cohen’s Helpful Hint 1: When going to your immigration physical, bring your vaccination records.

The doctor will advise you of any shots you may have to take in order to “pass” the physical examination. By bringing your vaccination history, you may will be spared needless needles in your arm (or elsewhere).

Cohen’s Helpful Hint 2: The doctor will conduct a TB test on your arm. You will have to return to the doctor’s office in 2 to 3 days to see if you have a positive reaction. So, make sure you will be available for the 2nd appointment.

If you test positive, the doctor will generally conduct a chest x-ray to see if there is evidence of active tuberculosis

Cohen’s Helpful Hint 3: Do not open the sealed envelope – but ask the medical office for copies for your own records.

The USCIS requires that the immigration physical be sealed by the doctor, only to be opened by an immigration officer as part of the USCIS processing of your adjustment of status application. Ask the doctor’s office for a copy of the completed, signed, I-693 and test results for your own records before they place the originals in the sealed envelope. Some medical office staff may tell you that they cannot give you a copy, due to it being “confidential.” That is misguided and wrong. The reason for the requirement that the results be placed in a sealed envelope is to ensure that it is not tampered with prior to submission to the USCIS. You have every right to your own medical records. Having a copy of the completed form and test results prior to submitting the adjustment application is important, as on occasion the form is not properly completed. I always ask my clients to bring a copy of their “medicals” to make sure the form is not missing any key entries or signatures, as a missed entry or signature on the form can delay or seriously jeopardize your green card application.

 Fort Myers Immigration Physical

List of Immigration Physical Doctors in the Fort Myers Area

Below, in no particular order is a list of Civil Surgeons in the Fort Myers area. The information was collected from the USCIS civil surgeon locator on 01/15/2013. Inclusion in the list below does not constitute my endorsement of any particular office:

Dr. Darel R Morris, Morris Medical Weight Loss Center
2621 Cleveland Avenue, Ft. Myers, FL 33901
(239) 418-0775

Dr. Emmanuel Eloi, Sunshine Medical
2711 Park Windsor Drive, Suite 310, Ft. Myers, FL 33901
(239) 274-2001

Dr. James Taylor, Family Health Centers of Southwest Florida
3594 Broadway Avenue, Ft. Myers, FL 33901
(239) 278-3600

Dr. Donita I. Dobson, Family Health Centers
2256 Heitman Street, Fort Myers, FL 33902
(239) 278-3600

Dr. Maria J. Villa, Family Health Centers
2256 Heitman Street, Fort Myers, FL 33902
(239) 278-3600

Dr. Francisco M. Vasquez
4595 Palm Beach Boulevard, Suite 1, Fort Myers, FL 33905
(239) 694-0533

Dr. Julio L Rodriguez, Doctor’s Family Clinic
4881 Palm Beach Boulevard, Suite 100, Fort Myers, FL 33905
(239) 693-9191

Dr. Javier E Sosa, Lighthouse Family Care
9400 Gladiolus Drive, Suite 50, Ft. Myers, FL 33908
(239) 437-7070

Dr. Jose Lopez-Gutierrez
8911 Daniels Parkway, Suite 7, Fort Myers, FL 33912
(239) 939-2200

Dr. Bharti S Lalla and Dr. Sunil N Lalla
14171 Metropolis Avenue, Suite 202, Ft. Myers, FL 33912
(239) 561-2202

Dr. Christine Mackie, Excellence Medical Centers, LLC
4406 SE 16th Place, Suite 104, Cape Coral, FL 33904
(239) 540-0800

Dr. Marta Fernandez, Del Prado Medical Center, Inc.
4419 Del Prado Boulevard South, Suite 4, Cape Coral, FL 33904
(239) 541-1095

Dr. Robert DiFronzo, Estero Island Medical Center
6875 Estero Boulevard, Fort Myers Beach, FL 33931
(239) 463-5741

Dr. Guillermo Navarte
1291 Broad Street, Lehigh Acres, FL 33936
(239) 580-8852

Dr. Ralph Ryback, The Medical Centre of Lehigh Acres, Inc.
1303 Homestead Road North, Suite 100, Lehigh Acres, FL 33936
(239) 303-2700

Need an experienced immigration attorney in Fort Myers? Call the Law Offices of Mitchell J. Cohen, P.A. for a consultation today.

Hallandale Beach Immigration Law Office:
1250 E Hallandale Beach Blvd
Suite 500
Hallandale Beach, FL 33009
Tel. (954) 457-1941
Fort Myers Immigration Law Office:
3620 Colonial Boulevard
Suite 160
Fort Myers, FL 33966
Tel. (239) 931-6558

 

 

This article is intended for general informational purposes and is not intended as legal advice.

7 Tips for Making the Most out of Your Immigration Lawyer Initial Consultation

By Mitchell J. Cohen, Esquire

immigration lawyer

Attorney Mitchell J. Cohen

1. When you call to make the appointment, advise the law office if the case is an emergency. For example, if you received a decision denying your application or petition, or ordering you removed from the United States, time is usually of the essence. Likewise, if you are scheduled for an immigration interview or immigration court hearing in the near future, you should make that known to the office when scheduling an appointment.

2. Bring any immigration receipts, notices, and decisions, and any copies of documents filed with immigration (USCIS, Immigration Court, ICE, CBP, BIA, AAO, State Department, etc.)

3. Bring (if you have): your passport(s), I-94 card(s), permanent resident card(s), employment authorization card(s). It is also a good idea to bring your birth certificate, marriage certificate, divorce decree(s),

4. If you have ever been arrested or cited for a crime, bring copies of the arrest report or citation and the disposition of the case(s).

5. If you are coming about a relative’s immigration case, bring as many of the above-listed documents as you can.

6. If you are coming to meet the attorney about someone who is detained in criminal or immigration custody, try to see about getting that person’s alien registration number (also known as “Alien number” or “A number”), date of birth, correct spelling of name under which he or she is detained. Ask where the person is being detained, and whether he or she has an upcoming hearing, and if so when. If s/he has a criminal attorney, get the name and telephone number of that attorney as well. Be aware that when talking to an individual in detention the communications are generally monitored.

7. Its often helpful to write down your questions/concerns and bring them to the consultation for your own reference, so you don’t forget to bring them up with the attorney.

By following these suggestions you will have a more thorough and effective consultation with an immigration attorney. The more relevant background information you are able to provide me, the better position I am to evaluate your case. In the words of Jerry McGuire, it will “help me help you.” To schedule an immigration legal consultation at my Hallandale Beach law office, call (954) 457-1941. For my Fort Myers law office, call (239) 931-6558. I look forward to hearing from you.

Mitchell J. Cohen, Esquire

Hallandale Beach Law Office:
1250 E Hallandale Beach Blvd.
Suite 500
Hallandale Beach, FL 33009
Tel. (954) 457-1941
Fort Myers Law Office:
3620 Colonial Boulevard
Suite 160
Fort Myers, FL 33966
Tel. (239) 931-6558

U.S. Citizenship

U.S. Citizenship

Attorney Mitchell J. Cohen

U.S. Citizenship through Naturalization

by Mitchell J. Cohen, Esquire

U.S. Citizenship is typically obtained by permanent residents through a process called naturalization, and filed with USCIS Form N-400. The applicant must be 18 years of age or older, and be able to show that for the last 5 years (and through the time the application is pending,) that he or she has:

 

 

  • been a lawful permanent resident;
  • been a person of “good moral character”;
  • been continuously resident and physically present (over half the time) in the United States;
  • been attached to the principals of the Constitution.

Permanent residents who are married to and residing with a U.S. Citizen spouse for 3 years and through the time the N-400 application, may apply for naturalization after 3 years of permanent resident status. The rules are even more relaxed for members of the armed services and honorably discharged veterans.

Additionally, the applicant generally must demonstrate a basic knowledge of U.S. history and government and be able to read, write and speak basic English. Applicants over 50 who have been permanent residents for over 20 years are excused from the English proficiency requirement. Applicants over 55 who have been permanent residents for over 15 years are likewise exempt.

Applicants for naturalization are fingerprinted and go through a criminal background check, and applicants are required to submit certified copies of any arrest report(s) and dispositions of the criminal case(s). The USCIS not only uses the criminal history information to determine whether an applicant has been a person of good moral character, the agency also uses the information to determine whether the applicant’s criminal record subjects him or her to deportation. Many individuals who wind up in Immigration Court removal proceedings are there because they filed for naturalization when they should never have done it. Individuals who the USCIS determines are subject to deportation may even be arrested at the time of their naturalization interview.

If you failed to file required income tax returns or are delinquent in your taxes, the USCIS may determine that you are not a person of good moral character and deny your application. If you have minor children residing outside of your home, the USCIS may deny your naturalization application if you do not satisfactorily demonstrate that you have been supporting your children. If you have made multiple trips outside of the United States, the USCIS officer may demand to see documentary evidence that you meet the continuous physical presence and residence requirement (like proof of tax returns, employment, housing, etc.).

“Automatic U.S. Citizenship”

If you were under the age of 18 and a lawful permanent resident, one of your parents was a U.S. Citizen at the time, and you were in that parent’s custody, you may already be a U.S. Citizen by operation of law. The law governing automatic acquisition of citizenship have changed over years. The most recent amendment to the law, the Child Citizenship Act of 2000, eliminated the previous general requirement that both parents had to be naturalized before the child reached the age of 18. The amendment however is not retroactive.   A recent Federal Court of Appeals decision in the 2nd circuit held derivative citizenship under former Section 321(a) does not require permanent resident status prior to turning 18, as long as the individual was residing in the United States before age 18.  Nwozuzu v. Holder (2d Cir. 2013).    The court found Nwozuzu’s application for adjustment of status prior to his 18th birthday was sufficient indication of his intention to remain permanently in the United States to constitute “residing permanently” under the derivation statute.   The second circuit decision applies to cases in the states of New York, Connecticut, and Vermont.   It remains to be seen if this interpretation is adopted in other federal circuits.

Children born abroad to a U.S. Citizen parent may be U.S. Citizens at birth, regardless of whether the birth was registered with the U.S. Embassy. The laws governing acquisition of U.S. citizenship for children born abroad are complicated and have changed many times. Since 1790, there have been two prerequisites for transmitting U.S. citizenship to children born abroad: (1) At least one natural parent must have been a U.S. citizen when the child was born (an exception is for a posthumous child) and (2) The U.S. citizen parent(s) must have resided or been physically present in the United States for the time required by the law in effect when the child was born.

Individuals who automatically acquire U.S. Citizenship may apply for a Certificate of Citizenship from USCIS, by filing a Form N-600 with evidence of eligibility. An alternative, and generally much faster way of acquiring proof of acquisition of automatic citizenship is by filing an application for a U.S. passport with the State Department, along with proof of eligibility.

Schedule an appointment with Attorney Mitchell J. Cohen to determine your eligibility for naturalization, or to determine if you already acquired U.S. Citizenship by operation of law. Call the immigration law offices of Mitchell J. Cohen, P.A. in Hallandale Beach or Fort Myers, Florida.

Information contained in this website is not intended to create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with Attorney Cohen on its own will generate an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely on advertisements. If you have a question, please call Attorney Mitchell J. Cohen for a consultation: Hallandale Beach (954) 457-1941 or Fort Myers (239) 931-6558   www.GreenCardCohen.com

 

Would You Like to Know More?

Adjustment of Status

Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen

“Adjustment of Status” is a term used to describe the process where a foreign national is processed for permanent resident status (a green card) inside the United States. Adjustment of status generally take the form of an application processed through U.S. Citizenship and Immigration Services (USCIS), or in some instances, the application will take place in front of an Immigration Judge, as a defense to deportation.

Adjustment of status may be an alternative to having an application for permanent residence processed through a U.S. Embassy. That process is generally referred to as “consular processing.” One benefit of adjustment of status – as opposed to consular processing – is that an applicant for adjustment of status may remain in the United States during the time the application is pending, and receive employment authorization while waiting for a decision on the application. On the other hand, applying for an immigrant visa through the U.S. Embassy may result in long wait times outside of the United States. Additionally, for some individuals who have been in unlawful status, departure from the United States may trigger a 3 or 10 year bar to reentering the United States.

Not everyone is eligible for adjustment of status. Attorney Mitchell J. Cohen will evaluate your case and determine your eligibility for either adjustment of status. At the Law Offices of Mitchell J. Cohen, we will carefully prepare your application for adjustment of status, and the associated forms, and will follow through on the case every step of the way. Attorney Cohen thoroughly prepares his clients for the immigration interview, and attends the interviews with his clients to help ensure a successful outcome.

Do not go it alone on something as critical as your residence application. Attorney Cohen has over 13 years experience in representing clients before the USCIS, Immigration Courts, and U.S. Embassies in order to help them obtain U.S. immigration status. Call the immigration law offices of Mitchell J. Cohen, P.A. for an in-person consultation in his Hallandale Beach or Fort Myers offices.

Information contained in this website is not intended to create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with Attorney Cohen on its own will generate an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely on advertisements. If you have a question, please call Attorney Mitchell J. Cohen for a consultation: Hallandale Beach (954) 457-1941 or Fort Myers (239) 931-6558  www.GreenCardCohen.com

Form I-751 Petition to Remove Conditions of Residence

Attorney Mitchell J. Cohen

Attorney Mitchell J. Cohen

If one obtained permanent resident status as a result of a marriage that was less than 2-years old at the time, then the USCIS (United States Citizen and Immigration Services) issues a 2-year permanent resident card. An individual in such status is commonly referred to as a conditional lawful permanent resident.

In the 90-day window prior to the expiration of the 2-year card, a Form I-751 (“joint”) petition to remove conditions of residence must be filed with the USCIS. The petition process may involve a USCIS interview. Failure to properly file the petition will result in the termination of resident status, and normally the initiation of Immigration Court removal proceedings.

A central issue in the joint-petition adjudication is the continuing viability of the marriage upon which the status was obtained. In the cases where the marriage may have deteriorated, there are waivers available for conditional lawful permanent residents who cannot file the petition jointly with the U.S. citizen spouse or stepparent. In certain instances the waiver application may be filed outside of the 90-day window.

Waivers may be filed based on:

  1. extreme hardship that would result if the conditional permanent resident were to be deported,
  2. battery or extreme cruelty by the U.S. citizen spouse or stepparent, or
  3. termination of the marriage to the U.S. citizen as a result of divorce, annulment or death.

In considering the foregoing waivers, the USCIS will want to see documentary evidence that the marriage in question was entered into in good faith. I-751 petitions and waivers denied on the merits by USCIS may be renewed in front of the Immigration Court.

If you are separated from your U.S. citizen spouse or otherwise unable to jointly-file the I-751 petition, it is a very good idea to obtain legal representation as soon as possible, in order to start developing your I-751 waiver application. In some cases, a conditional lawful permanent resident separated from his or her U.S. citizen spouse will want to consider filing for divorce, in order to be positioned to file a waiver based on termination of the good-faith marriage. Attorney Cohen will carefully review your individual case and develop a legal strategy to help retain your permanent resident status in the United States.

Information contained in this website is not intended to create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with Attorney Cohen on its own will generate an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely on advertisements.  If you have a question, please call Attorney Mitchell J. Cohen for a consultation: Hallandale Beach (954) 457-1941 or Fort Myers (239) 931-6558
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