Virginia's Grand Larceny Conviction is NOT an Aggravated Felony

In its precedent decision on Omargharib v. Holder , the U.S. Court of Appeals for the Forth Circuit held on Tuesday, December 23, 2014 that §18.2-95 of Virginia's grand larceny statute was clear enough to require categorical approach review and not modified categorical approach untilled by the Board of Immigration Appeals (BIA). Having reviewed the facts of the case under the categorical approach, the Court concluded that §18.2-95 of Virginia's grand larceny statute was not an aggravated felony. The Court remanded the case to the BIA for further proceedings consistent with teh decision of the Court.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

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U.S. Department of State changes some fees

On the last day of the last year, U.S. Department of State has published a final rule on fee changes. Annotation to th rule explained that the fees were changed to reduce the burden on Mexican citizens under 15 years of age applying for a Boarder Crossing card as well as to comply with the newly enacted Emergency Afghan Allies Extension Act of 2014:

    "The Department of State amends the Schedule of Fees for Consular Services (Schedule) for visa fees. More specifically, the rule amends the Border Crossing Card fee paid by a Mexican citizen under age 15 whose parent or guardian has applied or is applying for a border crossing card (the “reduced Border Crossing Card fee''). The Department of State is increasing the fee in light of the passage of the Emergency Afghan Allies Extension Act of 2014, which added a $1 surcharge to the fees for Machine Readable Visa (MRV) and Border Crossing Card (BCC) application processing. The Department must raise the reduced Border Crossing Card fee by $1, for a total fee of $17, to continue to collect the legislatively mandated fee amount of $13 and all applicable surcharges."

Reference: Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Rules and Regulations

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Lawful Permanent Resident (LPR) Gives Birth Abroad

Giving birth is a momentous occasion, but the joy can quickly turn into concern and confusion if an alien is in the process of immigrating to the United States or is a lawful permanent resident (LPR or green card holder) outside the United States at the time of the birth. Our office is frequently contacted by immigrant visa holders and LPRs who have given birth to a child abroad to learn how they can bring their child to the United States. In some situations, the individuals planned in advance to give birth to a child abroad whereas other times emergent circumstances have resulted in the birth overseas. As a general rule, any alien applying for admission to the United States for lawful permanent residence, or a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States must present one of the following documents to Customs and Border Protection (CBP):

1.     a valid, unexpired immigrant visa;
2.     a valid, unexpired Form I-551, Permanent Resident Card (Green Card);
3.     a valid, unexpired Form I-327, Permit to Reenter the United States (Reentry Permit);
4.     a valid, unexpired Form I-571, Refugee Travel Document, properly endorsed to reflect admission as a lawful permanent resident; or
5.     an expired Form I-551, Permanent Resident Card (Green Card), accompanied by a filing receipt issued within the previous six months for either a Form I-751, Petition to Remove the Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions. See 8 C.F.R. §211.1(a).

This documentation requirement can be daunting to a new parent of a child born outside the United States. A child born outside the United States to an immigrant visa holder or lawful permanent resident will not have one of these required documents. It would take months if not years to obtain such a document if the foreign-born child were required to go through normal immigrant visa processing.

Fortunately, the Federal Regulations contain a waiver of the above-mentioned documentation requirement for certain children born outside the United States to an immigrant visa holder or green card holder. This waiver does not require the alien parent to file an application or pay a fee. A child born subsequent to the issuance of an immigrant visa by the U.S. Embassy/Consulate to his/her accompanying parent will be admitted to the United States. The alien parent will need to present the original or certified copy of the child's birth certificate. This birth certificate must be accompanied by a certified English translation if in a foreign language. It is important to keep in mind that the alien parent must enter the United States during the visa validity period and be admissible; otherwise, the alien parent and child will be denied admission.

Similarly, a mother who is a green card holder or national of the United States who gives birth to a child during a temporary trip overseas will not need to obtain one of the above-mentioned documents to return to the United States with her foreign born child if certain criteria are met. The child must seek admission to the United States within two years of his/her birth. When seeking admission to the United States, the child must also be accompanied by the parent who is seeking readmission as an LPR. Not only must the parent accompany the foreign-born child, but this must be the parent's first return to the United States since the birth of the child. The accompanying parent must also be found admissible to the United States at the port of entry by Customs and Border Protection (CBP); otherwise, the alien parent and child will be denied admission.

All the above-mentioned criteria must be met. If an immigrant visa holder or LPR who has given birth to a child overseas does not meet all the waiver requirements, the alien parent will most likely need to file an immigrant visa petition on behalf of the foreign-born child. It could take months if not years for a foreign-born child to be admitted to the United States if he/she were required to go through normal immigrant visa processing. This is why it is important that if you or a loved one is an immigrant visa holder or LPR and has or intends to give birth to a child abroad, an experienced immigration attorney is contacted immediately to make sure the appropriate waiver criteria are met.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

References:

8 C.F.R. §211.1

9 FAM 42.1

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Attorney Role at the Adjustment Interview Is Expended

When called for a USCIS interview, an applicant should make sure to bring a duly qualified Attorney. Such legal representative will ensure that the interview will be conducted in a professional and business-like manner, and that the rights of the client are protected.

According to the Policy Memorandum, published on December 21, 2011, by the Office of the Director of the USCIS and the subsequent Policy Memorandum dated May 23, 2012 , which amended relevant provisions of the USCIS Adjudicator's Field Manual, aka Policy Manual, the applicants are entitled to the right to have legal representation before the Service, at no expense to the Government, as defined in 8 CFR 292.1(a). This Policy Memorandum provides certain conduct guidelines for the USCIS officers. It also delineates the appropriate role of the Attorneys.

Should there be a need to adjourn or reschedule the interview; your Attorney will be able to secure such an adjournment in a proper and efficient manner. The Policy Memorandum sets out specific rules and guidelines for such eventualities.

Although an Attorney will not be allowed to answer questions posed to either petitioner or the beneficiary, he or she will be allowed to clarify these questions, to make sure they were posed in a clear and direct manner and without the use of any professional jargon. An Attorney will also make certain that the interview will be conducted in a polite and un-adversarial manner. An Attorney will be allowed to sit next to his or her client, and to make sure that all documents prepared will make it into the official record and will be afforded the appropriate weight. Should any information unfavorable to the client be presented either by the USCIS officer or by the client, the Attorney will be able to address and resolve this issue by alleviating any negative consequences that may otherwise follow. Your Attorney will remind the USCIS officer that they are duty-bound to consider all relevant information, both favorable and unfavorable. Your Attorney can also ask questions of you or any witness at the end of the interview, which questions could assist in addressing the issues raised during the interview, which the Attorney determined had not been adequately addressed. Such questions could be very important and often might contribute to the positive outcome of the case because they allow for a more detailed description of the facts relevant to the adjudication of the matter. Specially so when the officer might have missed entirely and not adequately explored those during his or her questioning.

It is important for every applicant and beneficiary to know that an Attorney will not be allowed to interpret for either of them during a USCIS interview, as that would create a certain conflict of interest, and would not be ethically permissible.

Your Attorney will also see to it that the interview would be appropriately thorough and cover all pertinent points which will avoid the potential necessity of an additional interview or a delayed decision with a Request For Additional Information. In the rare case of an improperly conducted interview, your Attorney will proceed to file suitable complaints with the USCIS, the DHS Office of the Inspector General or the USCIS Office of Civil Rights and Civil Liberties.

In sum, an Attorney's participation at your USCIS interview may prove invaluable, especially if your case is complicated by past criminal issues or other problems, or if you are forced to deal with a difficult USCIS officer.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com