Lawful Permanent Residents

My N-400 Application for Naturalization was denied, what can I do now?

Published on: March 24, 2021 | by Lasnetski Gihon Law

If my N-400 Application for Naturalization (U.S. Citizenship) has been denied by USCIS, what should I do now, what can I do now? What chances do I have to still become a U.S. citizen? What will happen next? Will I be deported? Do I lose my status and my green card?

These are all very common questions that lawful permanent residents ask themselves after they receive a denial letter after an N-400 citizenship interview. Receiving a denial letter from USCIS telling you that you will not become a citizen may be heartbreaking to people who have held a life-long dream to become a U.S. citizen. But an N-400 denial letter is often not the end of the road and there are many options available to people who receive an N-400 denial letter.

The first thing to remember is that you do not only get one opportunity to apply for U.S. citizenship. That’s right, even if you are denied, most of the time, you can reapply; you do not get just one bite at the apple. So depending on why you were denied, you may be able to wait a few days, months or years and apply again.

What is the new Public Charge Rule?

Published on: March 17, 2020 | by Lasnetski Gihon Law

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Beginning on February 24th, 2020, most non-citizens applying for a greencard have been subject to a dramatic change in the Public Charge Rule. This change is going to present an additional burden on those seeking a greencard, including the need to fill out and submit a new form, the need to present additional evidence, and the potential need for a joint sponsor. It will also increase the number of greencard denials.

What is the Public Charge Rule?

Section 212(a)(4) of the Immigration and Nationality Act makes any person likely to become a public charge inadmissible. The applicant has the burden of proof. This means that most applicants for greencards must prove to the government that you are not likely to become a public charge. In the past, it was usually enough to submit an I-864, Affidavit of Support from the Petitioner (U.S. citizen spouse, parent, etc.) along with tax returns showing that the Petitioner made 125% of the federal poverty level. This is no longer the case. Now, the government requires a completely new form, Form I-944 to be filed by the applicant, along with new additional evidence.

How Do I Get Information On My Immigration Case From USCIS?

Published on: November 9, 2017 | by Lasnetski Gihon Law

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Orlando immigration attorneys and Jacksonville immigration attorneys know the frustration of the Infopass system. Appointments are few and far between. When an appointment becomes available, there is a mad rush to reserve your spot. Clients often get frustrated that an appointment cannot be made more quickly. And once an appointment is finally made, the answers are often not very useful.

There are few agencies that are more tightly wound in red tape than the United States Customs and Immigration Services (USCIS). You can’t just pick up a phone and give them a call. You can’t simply drop in and ask a question. There is a process. Not a very good process. But there is a process. If you have a question about your pending application or petition, you can set what is called an “Infopass appointment.” An Infopass appointment is the vehicle you can use to get answers to your questions. Unfortunately, you will often get vague or conflicting answers, but sometimes these appointments can be very helpful.

The most common use of the Infopass appointment is to answer the question, “What is taking so long on my application or petition?” Customers often ask when a decision will be made. Sometimes, simply having the Infopass appointment can jog the case the loose and get it back in line for a decision. The adjudicator who you meet with at the Infopass appointment won’t be the adjudicator that decides your case, but they often can look up the status in the system, see where the file is, determine where in the process the case is, and offer other useful information.

I am Married to a United States Citizen, how do I get my Green Card?

Published on: October 3, 2016 | by Lasnetski Gihon Law

Congratulations! You recently got married and your new spouse is a U.S. citizen, but you are not. One of the first questions on your mind may be: how do I get my green card now that I am married to a citizen? The answer could be fairly simple—or quite complex. No matter what your situation, if you marry a U.S. citizen and want to adjust your status (become a lawful permanent resident) go see an experienced and trusted immigration attorney for a consultation. https://www.slgattorneysflorida.com/john-gihon.html

Many experienced and knowledgeable immigration attorneys may charge you a nominal fee for the consultation, but it is definitely worth it. Remember the old saying, “you get what you pay for,” well that is usually the case with free advice from attorneys. An attorney who charges you a consultation fee will likely spend more time preparing for and with you during the consultation. An attorney who gives you a free consultation may not want to spend anymore time with you or talking to you then they have too, remember, an attorney’s time and knowledge is their money.

Now back to how to try and get your green card now that you are married to a U.S. citizen. My guidance will start with the premise that you and your new spouse married for love and not solely for an immigration benefit—this is not a “how to engage in marriage fraud” piece. Still, be sure to document your new life together, or as we say in the field, gather evidence that you have “co-mingled” your lives. That means if you have not already open a joint bank account that you will put money into and use for marital expenses, do it now. Add each other to car insurance, life insurance, health, dental, vision insurance and retirement accounts. If you buy a house or apartment or condo, make sure both of your names are on the deed and mortgage. If you rent, make sure your existing lease is amended to add your spouse and any new lease has both of your names on it. Add your spouse to your credit cards or open new ones in both names. If you have utility, cable, and cell phone bills, add your spouse’s name. Every piece of paper, bill, or invoice that you can produce, post-marriage, that has both of your names and your marital address on it, will go a long way to convincing the immigration officers that your marriage is real and not solely for immigration purposes.

I am a Lawful Permanent Resident and when I came back from a trip outside of the United States, immigration officers took my green card, what do I do now?

Published on: May 10, 2016 | by Lasnetski Gihon Law

This is a scary and surprising fact pattern that all to many green card holders find themselves in after a short or long trip outside of the country. No matter how long you have had your green card and how many times you have traveled outside the country in the past, on any given return trip, U.S. Customs and Border Protection (CBP) Officers can stop you at the air or sea port, take your green card and try to deport you. The ugly truth is that until you become a U.S. citizen, immigration officers can come knocking at your door on any given day and try to detain and deport you for a variety reasons.

As usual, I am not trying to scare anyone with this blog, but I have seen it hundreds of times both as an immigration attorney here in Orlando and in my former role as a Senior Attorney with U.S. Immigration and Customs Enforcement (check out my webpage for more info: https://www.slgattorneysflorida.com/john-gihon.html). If you have a green card and you think it can never happen to you, they will never take my green card and detain me and try to deport me, you could be sadly mistaken.

Whenever anyone (including green card holders) enters the United States and they are not a citizen, they run the risk of being forced to “seek admission” to the country just like every tourist, student, and other non-resident who comes to our border. Usually, if you have a green card, when you come back to the U.S., you get to show your foreign passport and green card, they ask you a question or two and you are then free to enter and return to your home here in the great United States. However, if you fall into one of many categories found in section 101(a)(13)(c) of the Immigration and Nationality Act, even if you have a green card, you will be deemed to be “seeking admission” and will be judged by the same standards as someone who has never been to the country before.

I am a Lawful Permanent Resident with a Criminal Record, what are my Immigration Options?

Published on: April 28, 2016 | by Lasnetski Gihon Law

If you have a green card and have been arrested in the past, you may have many questions about your immigration options. If I renew my green card will they find out about my record and deport me? If I file an N-400 and try to obtain my citizenship, am I eligible and if I am denied, will they try to deport me? What happens if I travel out of the country, even for a short trip? If I do nothing is that a good idea?

These are all common and valid questions and ones we deal with on a regular basis when doing immigration consultations in our office-for more information about how to schedule a comprehensive immigration consultation with our office, check out our webpage at http://www.slgattorneys.com

The only way to truly give a lawful permanent resident (LPR) accurate advice on what to do and what not to do when they have a criminal record is to find out everything there is to know about their criminal, immigration and family history. You should probably only rely on an experienced immigration attorney (like me: https://www.slgattorneysflorida.com/john-gihon.html ) to tell you your options.

What is Deferred Inspection and do I need an Immigration Lawyer to come with me?

Published on: February 16, 2016 | by Lasnetski Gihon Law

Receiving a deferred inspection appointment notice can be a scary and traumatic event. Deferred inspection usually comes after you have spent a few hours, or perhaps many in secondary inspection at a sea or airport. Your first thoughts may be, what is deferred inspection? Why do I have to go there? What does it mean that I am “inadmissible.” Can I bring an attorney to the appointment? Should I bring an attorney with me to my deferred inspection appointment?

I recently worked through these questions with a client who has been a lawful permanent resident of the U.S. for 50 years and was confused and upset at the fact that immigration officers were giving him a hassle for something that happened over a decade prior. Lets start with the basics of what is deferred inspection.

When you are a lawful permanent resident of the United States you enjoy many rights and privileges regarding working, traveling and living in the United States that non-green cardholders do not have. However, having a green card is not the same as being a U.S. citizen and that is very obvious when green card holders travel from and return to the United States.

Why Every Criminal Defense Attorney in Florida should have a Trusted Immigration Attorney they can Talk to Anytime

Published on: January 7, 2016 | by Lasnetski Gihon Law

Last month I had the honor of speaking at the Florida Public Defender Association’s 30th Annual “Trial with Style Conference” in unfortunately rainy Fort Lauderdale. While in one of my former lives as a state prosecutor and I like to think I always tried my cases with style, during this conference I did not talk about anything specifically to do with trying a case.

My topic was “Crimmigration: the intersection of Criminal and Immigration Law.” Let me preface this piece with the following caveat; not all immigrants are criminals (sorry Donald Trump) and recent research has shown that foreign-born residents are less likely to commit serious and violent crimes than native-born citizens.

That being said, this subject is of great interest to most criminal defense attorneys in Florida. Florida has the fourth-highest foreign-born population in the U.S. Almost 20% of all residents in Florida were born in another country. Because Florida is now the third largest state with a total population of over 20 million, that means we have roughly four million foreign-born people living in Florida. Florida is also top 10 in the country in crime rate. You combine all of these factors, and you see why criminal defense attorneys need to know immigration law.

Summaries of Recent Immigration-Related District Court Cases

Published on: December 10, 2015 | by Lasnetski Gihon Law

Over the last few months I had the opportunity to work with some fantastic immigration attorneys across the Southeast United States on a collaborative project. Our goal was to find, review and summarize every immigration-related and useful District Court and Circuit Court Case from the Eleventh Circuit and put them together in a newsletter. This was an enjoyable and educational experience. We expect to send out this newsletter every quarter and it will contain published and unpublished District Court cases from Florida, Alabama and Georgia and the Eleventh Circuit Court of Appeals.

This would not be possible without the hard work of our multi-state team composed of Marshall Cohen, Roberta Cooper, Bruce Buchanan and myself, John Gihon. Here are the summaries of the District Court Cases for Alabama, Georgia and Florida. If anyone reading this newsletter has any suggestions, please contact me at John@slgattorneys.com or our editor, Bruce Buchanan at bbuchanan@visalaw.com

District Court Decisions

Summaries of Recent Immigration-Related Circuit Court Cases

Published on: December 8, 2015 | by Lasnetski Gihon Law

Over the last few months I had the opportunity to work with some fantastic immigration attorneys across the Southeast United States on a collaborative project. Our goal was to find, review and summarize every immigration-related and useful District Court and Circuit Court Case from the Eleventh Circuit and put them together in a newsletter. This was an enjoyable and educational experience. We expect to send out this newsletter every quarter and it will contain published and unpublished District Court cases from Florida, Alabama and Georgia and the Eleventh Circuit Court of Appeals.

This would not be possible without the hard work of our multi-state team composed of Marshall Cohen, Roberta Cooper, Bruce Buchanan and myself, John Gihon. Here are the summaries of the 11th Circuit Cases. If anyone reading this newsletter has any suggestions, please contact me at John@slgattorneys.com or our editor, Bruce Buchanan at bbuchanan@visalaw.com

11th Circuit Cases: