Category Archives: Information

By Mitchell J. Cohen, Esquire

Attorney Mitchell J. Cohen

1. Showing up late (or not showing up at all).

If you are not on time for your USCIS appointment there is a good possibility that your application will be denied. A good idea is to do a test drive to the USCIS Office before your interview date, to make sure that you know the route. Failure to appear at your interview normally is deemed to be an abandonment of your application. Give yourself plenty of driving extra time to make allowances for traffic and lines getting through security at the building. Leave sharp objects, liquids, lighters and matches in the car.

2. Not bringing original documents.

The immigration officer conducting your interview will normally ask to see the original of copies you submitted with your petition or application. For residency cases based on marriage to a U.S. citizen, this will include a certified copy of the marriage certificate, certified copies of any divorces decrees, certified copy of birth certificate of applicant, the original U.S. passport or certificate of naturalization of the U.S. Citizen spouse or certified copy of U.S. state-issued birth certificate. Any certification must come from the official records custodian (for example, the clerk of court). In most cases, the Immigration Officer will want to see the passport that the applicant entered the United States on, and I-94 card, if any. The immigration officer also likes to see the original birth certificates of any children born of the marriage. He or she may also ask to see the originals of the copies you may have submitted demonstrating the bona fides (good faith nature) of your marriage, so have a set of originals of these as well (photos featuring the couple, driver licenses, joint bank statements, lease agreement, etc.) If you have been arrested or cited for a crime, certified copies of the arrest report, and court documents including the disposition will be requested by the immigration officer.

Failure to bring an original (or certified copy) may result in a delay in the processing of your case, or worse, a denial of your case if the officer is not in a charitable mood. If you have lost or cannot find one of your original documents do go to the interview however, as failure to show up will usually result in an automatic denial. I recommend that you try to bring to the appointment evidence that you have requested a replacement original or certified copy.

3. Not bringing an interpreter (if one of the interviewees is not fluent in English).

The USCIS does not provide interpreters for their interviews. The agency requires you to bring your own interpreter. Husbands and wives cannot interpret for one another. Attorneys are not allowed to interpret for their clients. If the immigration officer is having difficulty communicating with a petitioner or applicant because of a language barrier, he or she may reschedule the interview, or worse yet, deny the petition or application.

4. Being unprepared.

The old adage “if you fail to prepare you prepare to fail” rings very true in the area of immigration interviews. Like in any important test in life, those who are prepared are more likely to succeed, whereas those who fail to prepare may be walking into a nightmare scenario. Failing to bring enough proof of the marriage may result in the immigration officer having serious doubts about the marriage, and conduct a separation marriage interview, in which each spouse is interrogated separately, and their responses looked over with a fine tooth comb, looking for any discrepancies in the answers. An unprepared applicant’s answers to seemingly harmless questions may result in a denial (and even placement in removal proceedings). Many applicants are unpleasantly surprised when they find they are being asked questions that the officer has about previous applications they filed with immigration. In fact, an officer will deny a marriage petition if he or she determines that a previous marriage was entered into solely for immigration purposes. Some applicants have outstanding orders of deportation or removal that they do not even know about and may face arrest at the interview. Others do not understand the implications of their arrest or admissions to crimes. These may completely disqualify the applicant from the benefit sought, or require a waiver to be filed and approved in order to obtain residency.

5. Not realizing that the immigration officer is a human being.

Immigration officers are human, and they experience the same range of human emotions as the rest of us, including frustration and annoyance. When someone goes to an immigration interview and is giving non-responsive answers, or spends the majority of the interview digging through bags looking for documents, the officer’s level of frustration may increase – which in turn may increase your chances of being denied. Attending an important interview by a USCIS officer is a formal matter, and one should dress appropriately for the interview (translation: no flip-flops or shorts). That way, the immigration officer will at least see that the interviewees are taking the interview seriously.

Given the perils, high stakes and complexities involved in a residency (adjustment of status) application, it is a wise idea to be represented at every stage of the process – including the immigration interview – by a competent attorney well versed in immigration law.

Mitchell J. Cohen, Esquire is a member of the American Immigration Lawyers Association (AILA).  This article is general in nature and should not be construed as legal advice for any particular matter. Looking for an Immigration Attorney in Hallandale Beach or Fort Myers areas?  Call the law offices of Mitchell J. Cohen, P.A.

In addition to serving the greater Miami, Broward and the Palm Beaches areas, we also serve the greater Fort Myers area, including Naples, Bonita Springs, Cape Coral, Estero and Immokalee. Call our immigration law offices at (239) 931-6558 or (954) 457-1941, today.

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By Mitchell J. Cohen, Esquire

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

In addition to serving the greater Miami, Broward and the Palm Beaches areas, we also serve the greater Fort Myers area, including Naples, Bonita Springs, Cape Coral, Estero and Immokalee. Call our immigration law offices at (239) 931-6558 or (954) 457-1941, today.

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 Hallandale Beach or Fort Myers immigration law offices of Mitchell J. Cohen, P.A. for a legal consultation.

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. For Lee County, Fort Myers residents, please call (239) 931-6558.  www.GreenCardCohen.com

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

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Attorney Mitchell J. Cohen

From time to time, the Secretary of the DHS (Department of Homeland Security) may designate a foreign country for TPS (Temporary Protected Status) due to circumstances in the country that temporarily inhibit the country’s nationals from returning safely, or in certain cases, where the country is unable to adequately handle the return of its nationals. The USCIS (United States Citizenship and Immigration Services) may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

A successful TPS application will trump an order of removal for the duration of the temporary protected status.

In general, an applicant must show that he or she has been physically present and residing in the United States during the time period specified by the DHS in its TPS designation period. An applicant must additionally be a national of the designated country (or if stateless, one who last resided in the designated country,) – and not have resettled in a 3rd country prior to arriving in the United States.

Individuals who have been convicted of a felony or more than one misdemeanor are generally ineligible for TPS although there is a small exception for certain misdemeanors. The Immigration and Nationality Act defines the term “conviction” broadly, which means that in cases where the defendant plead “no contest” or “guilty” and the judge imposed some form of penalty (jail, probation, fine, etc,) the outcome is considered a conviction, even if the sentence was suspended or the adjudication withheld.

Individuals who are granted TPS, in order to retain such status, must re-register during each of the re-registration periods. Failure to timely re-register will result in termination of TPS status and possible removal from the United States.

In cases of those who failed to register during the initial registration period, the law provides that in certain cases an applicant may file for “late initial” registration. If you had TPS but failed to re-register, the law provides for late re-registration in cases where “good cause is shown.

Applicants denied TPS may be able to appeal a denial to the USCIS Administrative Appeals Office (AAO), or if in removal proceedings, they may renew the application before the Immigration Court.

Before applying for TPS, it is critical that you meet all the legal criteria for TPS status, because USCIS may use the information contained in the application to initiate immigration court removal proceedings against those whose applications are denied. Call the law offices of Mitchell J. Cohen, P.A. in Hallandale Beach (954 457-1941) or Fort Myers (239) 931-6558 to schedule an appointment with the attorney for an in-depth evaluation of your eligibility.

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 Office (954) 457-1941. For Lee County, Fort Myers residents, please call (239) 931-6558.   www.GreenCardCohen.com.

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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 Office (954) 457-1941. For Lee County, Fort Myers residents, please call (239) 931-6558.
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