Law Offices of Gita B. Kapur Law Offices of Gita B. Kapur2024-01-29T19:56:43Zhttps://www.gitakapurlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603721/2020/06/cropped-Gita-Logo-512-32x32.pngOn Behalf of Law Offices of Gita B. Kapur and Associateshttps://www.gitakapurlaw.com/?p=498062022-05-27T14:54:40Z2022-05-27T14:54:40ZFamily-based immigration is one of the more common ways that people enter the United States. Foreign nationals who have family members that are United States citizens or lawful permanent residents can sometimes help their loved ones enter the country.
Family preference visas are one of the simplest means of reconnecting with family living in another country. Family members of those already living in the United States can potentially qualify for a green card, which will let them stay in the country indefinitely. They may eventually be able to naturalize and become citizens themselves.What family members can qualify for family preference visas?
Children can qualify under multiple different preference categories
The minor, unmarried children of United States citizensreceive first preference. Their category has the highest preference when the United States Citizenship and Immigration Services (USCIS) reviews family preference visa applications.The children of permanent residents can qualify for visas under the second preference category. Both unmarried children under the age of 21 and unmarried children over the age of 21 can potentially qualify under the second preference category. The third preference category is for the married sons and daughters of United States citizens. Finally, the fourth category is for brothers and sisters of United States citizens.Those who are permanent residents hoping to reconnect with siblings or married children may determine that naturalizing is the best way to help their family members enter the country. Green card holders who become naturalized citizens will have more opportunities to support the immigration efforts of their loved ones.Learning more aboutfamily immigration options can help you bring the people you love to the United States.]]>On Behalf of Law Offices of Gita B. Kapur and Associateshttps://www.gitakapurlaw.com/?p=498032022-05-11T19:29:43Z2022-05-11T19:29:43ZIf you are an immigrant living on any visa in the United States, you may not enjoy all the privileges that come with full citizenship.
Until you are a naturalized citizen of the United States, certain criminal convictions may result in your removal from the country. Here are some of the deportable convictions that can lead to deportation:
Crimes of moral turpitude
Crimes of moral turpitude can be quite complex. However, the court defines these crimes as offenses that corrupt the basic duties individuals owe to each other as well as toward general society. Offenses that fall under crimes of moral turpitude include assault with a deadly weapon, arson, fraud, murder, rape, repeat felonies and drug trafficking among others.
Aggravated felonies
A conviction for an aggravated felony can earn you deportation from the United States. Unlike a crime of moral turpitude that must be defined by the court, an aggravated felony is clearly defined by the Immigration and Nationality Act (INA). Some of the aggravated felonies that may lead to deportation include rape, murder, sexually assaulting a minor, fraud, firearm trafficking and money laundering.
A conviction for domestic violence
You can also be deported from the U.S for committing crimes that relate to domestic violence. In fact, a single domestic violence conviction might as well earn you a one-way ticket out of the country. According to INA, domestic violence crimes may include spousal assault, child abuse as well as violation of an existing restraining order. A criminal offense can impact your status as a resident of the United States. Fortunately, knowing your rights as a U.S resident can help you defend yourself and get a favorable outcome if you have been accused of a crime. ]]>On Behalf of Law Offices of Gita B. Kapur and Associateshttps://www.gitakapurlaw.com/?p=497962022-05-09T21:08:31Z2022-05-09T21:08:31ZAccording to Buzzfeed News, an official from the Immigration and Customs Enforcement (ICE) recently sent a memo to judges in the Executive Office for Immigration Review (the U.S. immigration court system) ordering them to remove certain removal (also known as deportation) cases from their calendars. People whose removal cases might get dismissed include:
People with various immigration applications pending, such as getting a green card through a relative
People with limited protection from deportation, including those with an approved visa application or eligibility for temporary protected status
Children seeking asylum or escaping abusive or neglectful parents
The issue is the EOIR courts have so many pending cases that they have to make priorities. It also reflects ICE's recent change in philosophy. Before the ICE memo, White House officials authorized judges to dismiss cases where the immigrant facing deportation has been in the U.S. for a long time and is not considered a threat to public safety.
Keep planning for your hearing
If you have a deportation trial coming up, it's possible that your case will get put on hold or dismissed. But until you and your lawyer hear this is happening, you must prepare as if it is still happening. The good news is, you still might avoid having to leave the country. Immigration law is complex, and there may be a solution that lets you stay here with your family.]]>On Behalf of Law Offices of Gita B. Kapur and Associateshttps://www.gitakapurlaw.com/?p=497942022-04-27T19:05:30Z2022-04-27T19:05:30Za law-abiding person, who works hard and is willing to pay taxes. However, there are a number of factors that may exclude you from this qualification.
Crimes of moral turpitude
If you have a conviction for a crime of moral turpitude, then you will not satisfy the “good moral character requirement.” Crimes of this nature are considered to be very serious, and they must have been carried out with reckless abandon and disregard for the safety of others. These are crimes that wider society would deem to be reprehensible. For example, murder, serious sexual offenses, armed robbery and the most severe financial crimes could be considered to be of moral turpitude.
Some crimes may not affect you
Everyone makes mistakes, and if you’ve learned from them, you shouldn’t be punished indefinitely. If you committed an offense more than five years ago that is not considered to be a crime of moral turpitude, then your application could still be successful.
The only way to ensure the most favorable outcome in your immigration application is to seek guidance from a knowledgeable support network. Doing this will give you the best chance of starting your new life in the U.S.]]>On Behalf of Law Offices of Gita B. Kapur and Associateshttps://www.gitakapurlaw.com/?p=497912022-04-13T18:28:17Z2022-04-13T18:28:17ZCalifornia has long permitted the use of medical marijuana and, more recently, its recreational use – but immigrants who lack U.S. citizenship have long been denied the ability to use the drug for any reason.
Federal law has continued to classify marijuana as a dangerous drug without any redeeming value, despite all evidence to the contrary. Immigrants without citizenship have thus been widely advised to steer clear of dispensaries, medical marijuana and even the appearance that they might ever use the drug, for fear that their “moral turpitude” could get them deported.
The MORE Act could open new doors for immigrants, and take away fears
TheMarijuana Opportunity Reinvestment and Expungement (MORE) Act has already made it through the House and moved to the Senate. The passage of this act would mean a great deal to immigrants and their families.The bill not only would remove marijuana from the list of federally banned drugs, but would also clear many marijuana-related convictions from people’s criminal records. It also specifically forbids marijuana-related punishments against immigrants, such as deportation or the prevention of naturalization.For many immigrants and their families, that would mean:
And end to living in fear that marijuana usage would be found out and used against them
The ability to seek life-altering medication for conditions like epilepsy, chronic pain and other intractable conditions without worry that they could be deported
The ability to work in the legal marijuana industry, which is quickly becoming broader and more lucrative than ever
Unfortunately, the MORE Act still has a lot of hurdles to pass in the Senate before it has a chance to make it to the President’s desk for signing – but it does give many people hope for meaningful change.In the meantime, it’s wise to remember that even a simple possession charge can be very damaging for an immigrant’s future. If you’re facing drug charges ordeportation over drug charges, make sure you explore all legal avenues of relief. ]]>On Behalf of Law Offices of Gita B. Kapur and Associateshttps://www.gitakapurlaw.com/?p=497882022-04-03T18:35:01Z2022-04-03T18:35:01ZIf you are a lawful permanent resident or a citizen of the United States and would like to help an eligible relative immigrate to the country and get a Green Card, submitting a form I-130 is among the first things you will have to do. Form I-130 establishes the relationship between you and your relative that qualifies them to immigrate to the country.
To file the form online, you need to create a USCIS account. It will be useful in tracking the status of your form, paying any required fees online and communicating with USCIS when any requests are made. You can also fill in Form I-130 by traditional mail.
What documents do you need to provide?
Since the essence of Form I-130 is to prove the existence of a relationship between you and your relative, the documents you provide should point to that. For instance, a birth or marriage certificate can show a clear link between you and the relative you intend to sponsor. Proof of any name changes may also be required where applicable.You also need to provide evidence of your US citizenship or lawful permanent resident status, among other documents. It is advisable to get everything right with the paperwork since any inaccurate or incomplete information can delay the whole process.
Approval of Form I-130 is not the end
While getting your Form I-130 approved is good news, it is not the end of the process to get your relative to the country. Depending on your relationship with your relative and your residence status, there are other stages they will have to get through.
Preparing yourself to sponsor a relative
It is important that you both have the required documentation before kick-starting the process to avoid hitting any snags. Additionally, learning more about what to expect in the whole process will ensure that you are well ahead of any eventuality.]]>On Behalf of Law Offices of Gita B. Kapur and Associateshttps://www.gitakapurlaw.com/?p=496942022-03-16T20:07:39Z2022-03-16T20:07:39ZAnchor babies may be citizens, but their parents can still be deported
It’s actually very difficult for undocumented immigrant parents of a U.S.-born child to obtain legal safeguards against deportation or improve their immigration status. Consider these facts:
The U.S.-born children of immigrants cannot sponsor their parents for a green card until they are at least 21 years of age or older.
The U.S.-born children must be able to prove that they can financially support their parents once they are granted admission to the U.S. so that they don’t become a burden on the public.
The parents may have to leave the U.S. for up to 10 years before they will be allowed to return through a legal process.
If eventually granted a green card, the parents must wait for five years before they can apply for naturalization.
What this means is that neither the parents of these so-called “anchor babies” nor the children – who are U.S. citizens by birthright – have any security. They all must live in fear that Immigration and Customs Enforcement (ICE) will sweep in someday and tear apart their families.
Don’t let misunderstanding about immigration law guide your actions. Speak to someone with experience and learn what you can do to overcome your immigration hurdles.]]>On Behalf of Law Offices of Gita B. Kapur and Associateshttps://www.gitakapurlaw.com/?p=496912022-03-09T23:20:14Z2022-03-09T23:20:14Z
They are under 18
They have no lawful immigration status in the United States
They have no legal guardian or parent in the United States to provide for them
They want to have a separate case from their parents
They are or are not in immigration court proceedings
Asylum officers are required to consider your application for asylum as long as you meet the criteria set by the United States Citizen and Immigration Services. If you are under 18 and going through immigration court proceedings, you can still apply for asylum but will need to follow the instructions provided by the immigration judge.
Understanding the child interview process
The asylum officers do need to interview children who are applying for asylum while in the United States. They will do so in an age-appropriate manner. They will ask questions to find out if you have parents or guardians in or outside of the country. They may also ask if you were allowed to apply for asylum by that guardian or parent. If possible, the officer may also interview the parent or guardian as well as any other trusted adults who are at your interview.
Why can minors apply for asylum?
Whether a minor is simply underage or comes to the country with no parents or guardians, they can be considered for asylum because the risk of sending them home may be greater than the risks of coming to the country without a guardian. Often, those who arrive on their own do not have guardians or parents, or they are fleeing war, famine or other serious issues in their own countries. Their safety has to be considered, which is why even minors can be considered for asylum and refugee status.]]>On Behalf of Law Offices of Gita B. Kapur and Associateshttps://www.gitakapurlaw.com/?p=496892022-03-01T14:40:12Z2022-03-01T14:40:12ZFor many spouses, living together and building a stable life is the ultimate goal. In some situations, this is not a guaranteed right.
If you are trying to enter the U.S. as a spouse from another country, there are numerous steps that you need to go through first. You will be asked to provide documents that give information as to who you are and you can also expect to face an interview with the U.S. Citizenship and Immigration Services (USCIS). The questioning might feel overwhelming at times and you may feel like your privacy is being invaded. Nonetheless, there are valid reasons behind the questions asked and the ultimate aims are to ensure that the marriage is genuine and you are a person of good character. Outlined below are some tips that might help you get through the interview process.
There is no harm in rehearsing
Like most interview situations, it can be compared to a performance. However, it is not a fictional performance but rather a performance where you show your best self. If you practice, you will get a sense of what you are going to say and are less likely to forget important points. You may also find that you are less nervous when it comes to answering real questions from a USCIS officer.
Always be honest
As mentioned previously, the focus of the interview will be to assess whether or not you are of good character. If this is the case, then you have nothing to worry about. Just answer the questions openly and in an honest manner. If you do find something offensive, you can always raise it with the officers in a polite manner, and they are likely to understand once you have explained. The interview stage of your immigration application is crucial and it is important that you don’t become overwhelmed. As you proceed, make sure you are fully aware of your rights. Some experienced legal guidance can help.]]>On Behalf of Law Offices of Gita B. Kapur and Associateshttps://www.gitakapurlaw.com/?p=496872022-02-15T19:42:23Z2022-02-15T19:42:23ZOne of the big differences between asylum and refugee status is that you seek asylum when you're already in the United States. There are also many cases where people do this at a port of entry, but you may physically be within the country by the time you file.
If you are granted asylum, of course, then you get to stay in the United States to get the protection that you've been looking for based on the persecution in your own country. But what if you are not granted asylum? You're already in the U.S., so do you have to leave as soon as you lose your case?
You then have to go through removal proceedings
You may not have to leave instantly, but an asylum applicant who doesn't have proper immigration status will be sent to an immigration court if their request for asylum is denied. This court will then begin the removal proceedings.You may have some options at this time. For instance, you may be able to renew your asylum request, giving you a chance to go before an immigration judge and using what is known as a defensive process. In some cases, those who are denied asylum the first time are actually granted it the second time.However, if it is never granted, then the next step will be to be removed from the U.S.
Exploring your immigration options
If you are applying for asylum, you likely fear returning home because you know what type of persecution you can face there. This is why it's very important that you understand all the legal options you have as you work your way through the system.]]>