Florida Immigration Lawyer Blog

Published on: May 31, 2019

DID YOU KNOW? Simply admitting to criminal conduct with no conviction can lead to deportation, denial of admission, and denial of a greencard.

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Did you know that the mere admission of past criminal conduct can lead the government to deny your admission into the United States. It can lead to a denial of a green card. It can lead to deportation. Many unsuspecting people believe that admitting to minor criminal conduct that happened years in the past will be forgiven by immigration officials. That cannot be further from the truth.

Why would they deny my admission or deport me for simply admitting to past criminal conduct?

§212(a)(2)(A)(i) of the Immigration Act states that, “any alien…who admits having committed, or who admits committing acts which constitute the essential elements of … a crime involving moral turpitude…or an attempt or conspiracy to commit such a crime…or a violation of any law…relating to a controlled substance…is inadmissible.” This means that no conviction is required. Therefore, if you admit to committing certain crimes, you are inadmissible and you must seek a waiver to be admitted into the United States, or to be able to get a greencard, or to be able to stay in the U.S.

Published on: May 3, 2019

Damaging BIA Decision Takes Away Cancellation of Removal From Many in Deportation Proceedings

by Shorstein, Lasnetski & Gihon

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In 2018, the United States Supreme Court opened up an avenue of relief from deportation for many non-U.S. Citizens in the landmark decision of Perreira v. Sessions, 138 S.Ct. 2105 (2018). That avenue of relief has been closed down by the Board of Immigration Appeals (BIA) in a newly released decision of Matter of Mendoza-Hernandez, Matter of Capula-Cortes, 27 I&N Dec. 520 (BIA 2019). Here’s how the new decision will affect people in deportation proceedings:

What did the U.S. Supreme Court say in Perreira v. Sessions?

Many people believe that when a non-citizen is in the United States without lawful status, they are automatically deported. However, there are many forms of relief that can help a person stay in the country. Some of those forms of relief require that the person has been inside the United States for a certain amount of time. For example, a person who does not have a greencard and has overstayed their visa or entered without authorization has to have been in the United States for 10 years to ask for “Cancellation of Removal.” If the government files a Notice to Appear with the Court within that 10 year period, the person is not eligible to seek “Cancellation of Removal.”

Published on: March 29, 2019

What you need to know, as a United States Citizen, before you apply to get your spouse a greencard

by Shorstein, Lasnetski & Gihon

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There are countless blossoming romances happening right now all around the world. Many of those relationships involve couples who have large age differences, religious differences, cultural differences, and more. Often, U.S. citizens fall in love with and marry people from other countries. The process of obtaining a greencard (officially known as a Lawful Permanent Resident card) for that spouse should be easy. But it’s not. Even if the marriage is clearly real, the non-citizen spouse can be denied a greencard if you do not submit sufficient evidence that the marriage is real.

What do I have to prove in order to get my non-citizen spouse a greencard?

The process is different depending on your circumstances (i.e. is your spouse in the country or out of country), but one thing is always required. If you are filing a petition with USCIS (United States Citizenship and Immigration Services) to establish your relationship to your spouse, you will have to prove that the marriage is “bona fide.” In other words, you have to prove that your marriage is real. It was not entered into for the sole purpose of evading the immigration laws. This doesn’t mean that a couple can’t decide to get married earlier than they normally would so they aren’t separated when the non-citizen has to leave the country. It simply means that two people can’t get married solely so the non-citizen can stay in the U.S. when they do not intend to live as husband and wife.

Published on: March 8, 2019

Why you should never let someone file your immigration paperwork without reading it!

by Shorstein, Lasnetski & Gihon

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Immigrants throughout the United States have been victimized by “notarios” who present themselves as attorneys or attorney-like figures who take a much smaller fee than any attorney and who agree to file immigration paperwork on behalf of the unsuspecting immigrant. These individuals often create major immigration problems for the vulnerable victims who often don’t speak English and are unfamiliar with our immigration laws. The notarios will often commit immigration fraud or make material misrepresentations that can subject the immigrant victim to criminal prosecution and/or deportation. Many victims put their trust in people to do the right thing and to file the correct paperwork with the correct information. So they sign their names to the applications. Often, without reading what they are signing. The Board of Immigration Appeals recently came out with a decision which discusses this very issue. The BIA held that there will be a strong presumption that if you sign your name to an immigration application or petition, then you are aware of the contents of the application or petition.

What if I signed my name to an immigration application, but I didn’t read what was in the application?

In Matter of Valdez, 27 I&N Dec. 496 (BIA 2018), the Board of Immigration Appeals (BIA) decided the case of A.J. and Z. Valdez, a husband and wife who were citizens of Venezuela. The Valdez’s hired a person who was not an attorney to help them get greencards. The Valdez’s believed that the person was an attorney and pastor and could get them greencards through the church. They paid this person $15,000 to represent them and he drafted the applications, presented the applications to the Valdez’s for them to sign, and then filed the applications with USCIS. The applications were in English and the Valdez’s only spoke Spanish. The Valdez’s signed the applications, relying on the person they paid and who they thought was an attorney. USCIS granted the applications and the Valdez’s received their greencards. Upon reentry after a trip abroad, Customs and Border Protection (CBP) placed the Valdez’s in secondary inspection and ultimately they were placed in removal (deportation) proceedings. The Valdez’s were charged with being inadmissible under INA 212(a)(6)(C)(i) for fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under the Act.”

Published on: February 8, 2019

I have a conditional greencard and am separated or am getting divorced from my U.S. Citizen spouse. What do I do?

by Shorstein, Lasnetski & Gihon

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I have a conditional greencard and am separated or am getting divorced from my U.S. Citizen husband. What do I do?

I married a United States citizen and got a conditional greencard. Now, it has been 2 years and I have to file to remove the conditions on the greencard to get my 10 year greencard. My husband/wife and I are separated, divorced, or talking about separating or divorcing. How will this affect my greencard?

I-751 PETITION TO REMOVE CONDITIONS

Published on: November 19, 2018

Fiance(e) Visas and Divorce: Will I be able to get my greencard?

by Shorstein, Lasnetski & Gihon

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A nightmare scenario for the non-citizen fiance(e) of a United States citizen happens when the couple gets divorced before the non-citizen adjusts his or her status to that of a Lawful Permanent Resident (LPR). The United States Citizen has a tremendous amount of control in this situation. A new Board of Immigration Appeals decision further establishes that the United States citizen has the power to give or take away a greencard in this situation.

What happens if my United States Citizen spouse and I divorce before I get my greencard?

For the thousands of people who enter the United States each year to get married to a United States Citizen after obtaining a K-1 visa (Fiance(e) Visa, they are embarking on an exhilarating new chapter in their lives. In love and ready to begin their lives in a new country with a new spouse, they enter the United States with the intention of getting married within 90 days and then to obtain a greencard, which will allow them to live and work permanently in the United States.

Published on: October 16, 2018

A Florida Felony Battery Conviction is a Crime of Violence

by Shorstein, Lasnetski & Gihon

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Although a relatively recent United States Supreme Court decision held that a conviction for simple battery in the State of Florida could not serve as a crime of violence, an Eleventh Circuit Court of Appeal decision distinguished that a felony battery conviction is a “crime of violence,” at least for purposes of the Federal Sentencing Guidelines. This means that a conviction for a Florida Felony Battery is probably a deportable offense as a crime involving moral turpitude and as an aggravated felony, if the sentence is 1 year or more incarceration.

What is Felony Battery in Florida?

Florida’s Felony Battery statute is defined in Florida Stat. §784.041. In order to prove a person is guilty of Felony Battery, the State must prove, or the person must admit to (plead no contest of guilty) to the following elements:

Published on: August 22, 2018

Immigration Consequences for Violation of Injunctions for Protection/Restraining Orders

by Shorstein, Lasnetski & Gihon

adobe-spark-post Injunctions for protection, also commonly referred to as restraining orders, continue to serve as a potential pitfall for non – United States citizens. Injunctions are extremely easy to obtain and little evidence is required to obtain one. Often, a judge will issue an injunction based solely on the word of the person who filed for the injunction. That person may have ulterior motives to obtain the injunction, for example to gain leverage in a divorce proceeding or child custody proceeding. But once an injunction is obtained, any violation of that injunction could lead to deportation. A conviction is not even necessary. And even if you would otherwise be eligible for a form of relief where the judge could cancel your removal, a conviction would render you ineligible. A recent Board of Immigration Appeals decision has further solidified this position.

What is an Injunction?

An injunction is a court order commanding you to do things or to not do things. For example, a judge can order you to stay away from a specific person, to stay away from specific places, to go to batterer’s intervention program classes, and to adhere to many other court ordered conditions. A person can obtain an injunction by going to the courthouse and filling out a form alleging that they are in fear of future violence because of something the respondent has done or said in the past. An injunction can be granted based on nothing but that person’s own words. The court will typically issue a temporary injunction and set it for a hearing. At a hearing, the judge will listen to you, the petitioner, any witnesses and will look at evidence that the petitioner or respondent submits. The burden of proof is extremely low and if the judge feels that there is animosity between the two people will often err on the side of issuing the injunction. However, this can have a significant impact on any person, but particularly for a non-citizen.

Published on: July 30, 2018

What Can I Do If My Immigration Case Is Taking Too Long?

by Shorstein, Lasnetski & Gihon

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Many immigration cases can take up to a year or more during what is called the normal processing time. For example, the local Jacksonville USCIS office has a published processing time of 8 months to 15.5 months for a spouse of a United States Citizen to obtain a greencard. If your case is within the normal processing time, then the only thing you can do is wait for the government to process your case. You can check the normal processing times for each type of application or petition for each office or center here: https://egov.uscis.gov/processing-times/: But what if it has been much longer than the normal processing time? We’re going to discuss some options that may be available to you.

What is the first thing I should do if my case is outside the normal processing time?

You can always enter your Receipt Number into the USCIS online case status system.

Published on: June 18, 2018

Asylum-Seeking Domestic Violence Victims Denied Refuge By Attorney General Sessions

by Shorstein, Lasnetski & Gihon

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In another recent decision that Attorney General Jeff Sessions has assigned to himself, the Attorney General has foreclosed refuge for countless immigrants attempting to escape domestic violence in their home countries. In Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), the Attorney General overruled a Board of Immigration Appeals decision which granted asylum to the victim of domestic violence in El Salvador. The Attorney General also overruled a binding Board of Immigration Appeals decision, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), which held that “married women in Guatemala who are unable to leave their relationship” could constitute a “particular social group.”

What is asylum?

Asylum is a discretionary benefit that can be granted to those who: