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Tuesday, February 13, 2007

Will 2007 be the year in which you look your immigration problem in the eye and take the necessary steps to solve it? Will you seek the expert help you need to determine whether you are eligible today to join those who have legalized their status and are no longer afraid of a knock on the door that threatens to separate you from your loved ones?

Maybe you came into the U.S. without documents and have stayed and built a life here. Maybe you came with a visa that has long since expired, but you married and had children and have a good job and work hard. Maybe you came with a green card but misrepresented your name or marital status in order to get that status. Your family is back home and you want to be able to bring them. Maybe you would like to naturalize but are afraid to file because of a long ago criminal conviction.

These and other problems weigh heavily over the years. The non-citizen knows he should do something to deal with the problem but does not know what to do or thinks nothing can be done. Moreover, he is afraid to take any steps to solve the problem because he maight make matters worse and wind up with a deportation order. Immigration officials might come knocking on his door to execute an old deportation order and take him into custody.

The concerns are valid. Complicated problems require expertise in order to not make matters worse. That is why someone with a serious immigration problem (and most immigration problems are serious) should consult a knowledgeable and experienced immigration lawyer. An immigration law expert will be able to tell the non-citizen what, if anything, can be done. Equally important, the immigration professional will be able (and should be willing) to tell the person when it might be better to wait for positive developments in the law. Most importantly, a good immigration lawyer will insure that the appropriate applications, petitions and requests are skillfully drafted to give the best chance for success. We find that there is a solutions available for most immigration problems.

A person who gave a false marital status (or other non-true information) in order to obtain a green card maybe eligible for a waiver of the misrepresentatuon. If he has parent or spouse, son or daughter who is a U.S. citizen or lawful permanent resident and she can show that she has more favorable than unfavorable aspecs to her case, he maybe able to keep his green card. This is true even if the misrepresentation involved a fraudulent marriage -- as long as the family relationship relied on for the waiver is not a result o the fraudulent marriage. These waivers must be sought in Immigration Court and the Immigration Judge has specific criteria that he is looking for -- both negative and positive. Upon receipt of the waiver the non-citizen may be able to naturalize and petition his family.

A person who came into the United States with a false name in his passport maybe eligible for a waiver of that misrepresentation if he has a parent or spouse who is a U.S. citizen or lawful permanent resident, who will suffer extreme hardship if the non-citizen is forced to return to the home country. BothCitizenship and Immigration Services and the Immigration Courts take the words "extreme hardship" literally. The standard requires that non-citizen show more than just the spouse or parent loves and would miss the immigrant. However, if the facts are presented in themost favorable light, it is possible to obtaiv the waiver.

Of course, if the person has never been granted a green card, the waiver will not solve all the problems. He will still need to be eligible to apply for lawful residence in order to legally live and work in the U.S. Various family relationships, employments and business investments are just some of the ways to obtain legal status in the U.S. The knowledgeable immigration lawyer will explore all possible legitimate aenues to determine if the alien is eligible for a green card. An immigration attorney will also explore whether a non-citizen is elgible for non-immigrant visas and any waivers that maybe necessary and available.

The description of relief and waivers in this article are just a brief outline of what mybe available and how it might be obtained. It is essential to know when to apply for relief, what relief to apply for and how to apply in order to afford the best possibility for success. For all these reasons, it is necessary to seek the expertise of a knwledgeable and expreienced immigration attorney who can help you find your immigration solution for 2007.

(The analysis and suggestions offered in this column do not create a lawyer-client relationship and are not a substitute for the personalized representaion that is essential to every case. Atty. Reeves has repsented clients in numerous landmark immigration cases that have set new policies regadling INS action and immigration rights. His many successes have been published in Interpreter Releases, Immigration Briefings and AILA Monthly wich are nationally recognized immigration periodicals widely read by immigration lawyers, State Department and immigration officials. His cases are also cited in test books as aguide to either immigration petitioners. His office are located in Pasadena, San Francisco, Beijing and Makati City. Telephone: (800)795-8009. E-mail: immigration@rreeves.com. Website: www.reeves.com)

(Source: FILIPINASMAG by: Attys L. Reeves and Nancy E. Miller)
posted by infraternam meam @ 7:26 AM  
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Name: infraternam meam
Home: Chicago, United States
About Me: I am now at the prime of my life and have been married for the past 25 years. Sickly at times, but wants to see the elixir vita, so that I will be able to see my grandchildren from my two boys.
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