Law Offices of Jan Joseph Bejar A P.L.C.
Resolving Immigration Problems In An Honest & Responsible Manner

San Diego Immigration Law Blog

Asylum: A state of change can negatively impact petitions

One of the ways that people come to the United States from other countries is seeking asylum. It is possible for members of a family to file for asylum if one member of the family has been threatened and there is a valid fear that they will be persecuted. Unfortunately, asylum seekers might face a tough road with this claim.

When a person makes an asylum claim based on a threat of violence due to the actions of another family member, they might soon start to face resistance. In this case, the family is known as a social group; however, there have been some challenges brought up about what actually constitutes a social group. One view is that the mere introduction of a criminal element, such as the recruitment of a family member by a gang, doesn't constitute a threat that should lead to asylum.

Changes in immigration directives can harm applicants

The state of immigration in the United States is constantly changing. Even things that might seem insignificant have a major impact on people who are trying to come into this country. This is one thing that makes it very difficult for immigrants who are taking the correct steps to move here legally. They have to know how all of the laws, including recent changes, affect their cases.

One thing that is proving to be especially challenging now is that there is an uptick in the number of declined visas due to public-charge enforcement. Unfortunately, this is affecting even immigrants who are hoping to join family members who are already in the United States.

Prepare carefully for your citizenship application process

Citizenship is a dream for some people who immigrate into the United States. If this is your goal when you come here, you have to start preparing for it right at the beginning of the time you step foot in the country. There are many requirements that are in place for a person to become a citizen. Because these are so in depth, it will take time to work through them.

We know that you might have some questions about what you need to do. It is best if you take these one step at a time. This can help you to avoid becoming overwhelmed. One thing to remember throughout the process is that your ethical suitability is considered when you are applying for citizenship. Getting into trouble can work against you in these cases.

Rights and responsibilities of permanent residents

While you are a permanent resident, what you do can have an impact on your ability to become a citizen. You do have rights and responsibilities to think about so that you are sure you are making the best decisions for your needs.

Some of the responsibilities you have include obeying all laws, including local, state and federal, and registering for the Selective Service if you are a male who is 18 to 26 years old. You also have to pay all applicable taxes and ensure that your immigration status is up to date. You have to keep your permanent residency proof on you at all times and report any changes of address within 10 days.

Coming to the United States on an employment visa takes time

Some people who come into the United States do so through an employment visa. These are limited in number, so you have to be sure that you are handling things in the correct manner when you are trying to make the move here based on your ability to do a certain job here. We know that immigration laws in this country seem very complex. We are here to help you navigate through them, so you know what you need to do.

Each year, around 140,000 visas for employment are made available each fiscal year. This year runs from Oct. 1 to Sept. 30. You can't get one based on a broad plan of employment. Instead, you have to have a very specific plan that will likely need to include an offer of employment from a company that has a labor certification approval through the Department of Labor.

Know the requirements to become a citizen

The process of becoming a citizen of the United States is challenging, so you have to be sure that you are taking the time to prepare. Your journey is going to start with ensuring that you fill out the paperwork completely. Any oversights or misstatements can mean that you are denied for the citizenship that can better your life.

You must ensure that you meet the requirements for seeking citizenship. There are several of these that apply to all cases. While these are the basic requirements, there might be others that you also have to meet:

  • You are 18 years old or older
  • You have a valid green card
  • You have been in the U.S. for at least five years (a few exceptions apply)
  • You have a good moral character
  • You haven't spent a year or longer outside of the U.S. during the five years
  • You have lived in your current state three months
  • You can pass a U.S. history and government test
  • You will pledge allegiance to the country
  • You can speak, write and read English
  • You haven't established a primary home in another country
  • You have been in the U.S. for at least half of the previous five years

Deportation defense: Stay in the country you love

The United States government retains the right to decide if and when a person who is not a citizen may remain in the country. If the government claims that you have entered the country illegally, that you have overstayed your visa or that you have violated laws within the country, you could face deportation.

The government will likely begin removal proceedings against you. Keep in mind, though, that you have a right to an attorney and to fight back against the deportation. Before you can be deported, the government has to prove that deportation is a necessity in your case. You get an opportunity to argue to stay.

Bring family members here, but remember important points

Bringing family members into the United States from another country requires that you fill out immigration paperwork and go through a process. This isn't going to be easy and since the U.S. Citizenship and Immigration Services (USCIS) tends to run behind on processing times, which can mean that applications take longer than they should. This can make it a challenge to plan for your loved one to come here, but it can also pose problems with the renewals.

It is important to note that even if a person has a renewal application pending, they can still be arrested and possibly deported if they don't have a valid one at the time they are approached about their immigration status. Making sure that they have their documentation in order when they come here and handling renewal applications early can prevent this from happening.

Controversy continues regarding immigration center conditions

Immigration detention is a frightening prospect for people who are forced into the system. Unfortunately, this is something that seems to be very prevalent in this country now.

Recently, it was noted that all detainees at a privately-run facility in Colorado that is under contract with the Immigration and Customs Enforcement (ICE) will be given at least one immunization for rubella, mumps and measles. This is occurring in a state that doesn't have mandatory vaccinations for citizens. Some might question whether this is a legal practice at all since it is forcing detainees to undergo an invasive medical procedure that could potentially be a violation of their rights.

Requirements exist to bring your sibling into this country

One of the most difficult things for a person who is coming to the United States has to do is leave some family members behind in their home country. They might promise that they will send for those family members when they settle down in America. There are specific criteria that the person will have to meet if they want to have their loved ones here.

There are different requirements for different family members. If you are trying to bring your siblings to this country, you will have some specific points to meet. One of the most important things to remember here is that you can't bring a brother or sister here if you are a permanent resident. Instead, you must be a citizen and at least 21 years old.

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