That is correct. This is called “Deferred Action for Childhood Arrivals” or “DACA.” Being approved under DACA means that the government is “deferring action” – or saying it won’t take action – against undocumented young people for at least two years. DACA applicants are evaluated on a case-by-case basis. Approvals are granted by the government as an exercise of discretion. If you are approved once it is highly likely you will be approved again for additional two year periods. Our office can determine your eligibility and assist in the process.
K-3 and K-4 visas are open to spouses of U.S. citizens who are the beneficiaries of an immigrant visa petition. The spouses’ unmarried children under the age of 21 are also eligible. After arriving in the U.S. under K3/4 status, these visa holders must apply for an immigrant visa or adjustment of status. K3/4visa holders may seek employment regardless of whether their permanent status has been approved. K3/4 visas are valid for up to two years.
This process is known as “naturalization.” In general, in order to naturalize, one must have at least five years (or three years if married to a US citizen) as a permanent resident without leaving the U.S. for trips of six months or longer, at least 30 months of “physical presence” in the U.S., a knowledge of English language and U.S. history and civics, and five years’ “good moral character.” If you have spent a lot of time abroad since becoming a permanent resident, if you have ever been arrested by the police, or if you have had a problem with the immigration authorities in the past, you should consult an immigration attorney before deciding whether to file for naturalization.
A number of things may happen. ICE may issue a Notice to Appear in which case you should take the necessary steps to prepare for Removal Proceedings, the most important of which is to consult with an immigration attorney experienced in Removal Proceedings. If ICE keeps you in custody, the immigration attorney may be able to secure your release on bond.
You have a very serious problem on your hands. The Immigration law does not treat the K-1 alien who does not marry the American petitioner kindly, and the reasons for not marrying do not matter. In most circumstances, there may be no relief available, but over time other options may arise. Again, it is always best to consult with an experienced immigration attorney.
This is a situation that could be easily resolved or could result in serious problems. There are many questions that have to be asked and resolved pertaining to your intentions and situation when you received your Green Card. In most cases, a competent immigration attorney will help you keep your Green Card.
Removal proceedings are very serious. Yet, they may also offer possibilities for relief from Removal depending on your situation. The removal hearing takes place in the Immigration Court before a Judge and a Trial Attorney who represents the government against the alien. You cannot ignore the Notice to Appear. You MUST appear.
I have never met an alien who knows enough about the law and rules of procedure to represent himself of herself. As a matter of fact, not even every immigration lawyer is qualified to handle such cases (and certainly not any “immigration consultant”). An immigration lawyer who has years of experience handling these types of serious proceedings is absolutely required.
It is very difficult to obtain l Asylum in the United States. Your claim must be carefully reviewed with an experienced immigration lawyer. If you file an application and it gets denied, you will be placed in removal proceedings. If you are in removal proceedings for some other reason and you have a solid claim for Asylum you may be able to file the application at that time, subject of course to strict time limits, etc. There may be other options available to you. Again, consulting with an experienced immigration lawyer who can review and analyze the facts of your individual case is the best way to proceed.
Whether you already have a Green Card or are just in the process of applying for an immigration benefit (such as Naturalization), you need to be very careful when you have been convicted of a crime. You don’t have to be a hardened criminal or have committed a very serious crime in order to run into problems with the Immigration Service. Even if your crime was expunged, you may still run into problems. It is always best to consult an experienced immigration lawyer with all the facts before filing any application.