What if I have an arrest, significant misdemeanor, or I am currently detained?

08-28-2012

What if I have an arrest, significant misdemeanor, or I am currently detained?

 

Having an arrest or significant misdemeanor is definitely a sensitive area that must be evaluated on a case by case basis.  There is no specific definition of significant misdemeanor and for immigration purposes some misdemeanors are considered to be very serious regardless of the sentence. For purposes of DACA, the Department of Homeland Security (DHS), generally will not consider a minor traffic ticket, however it is nevertheless important to disclose any offences such as driving without a license. If in doubt it is always better to disclose the offense. Other offenses such as petty theft or driving under the influence may or may not be considered to be significant and will be reviewed on a case by case basis. It is important to have all arrest records and court dispositions available before filing for DACA. We also recommend obtaining a background check to find out what offences are in the State records. In California, this can be obtained through a Live Scan service.

 

 Please Check out our Deferred Action Blog/for details on these and other types of questions.

07-25-2019
NINTH CIRCUIT VICTORY FOR VICTIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL

This month, our law firm, together with Co-Counsel Louis A Gordon, won a major victory in the Ninth Circuit Court of Appeals. The case impacts many immigrants who have suffered from bad or ineffective advice from prior Counsel. The Court in its published decision, Flores v Barr, overturned a Board of Immigration Appeals ruling which denied our client, the Petitioner, the opportunity to have his case reopened because of ineffective assistance of his prior immigration lawyer. 

07-24-2019
FINAL EB5 PROGRAM RULE PUBLISHED TODAY. MINIMUM INVESTMENT AMOUNT WILL INCREASE EFFECTIVE NOVEMBER 21, 2019

Investors and EB5 industry professionals have been anxiously waiting for the publication of a final regulation regarding the EB5 Program. USCIS has now published the final regulation which modifies the  proposed rule which was announced in February this year.

06-15-2019
E-1 and E-2 Now Available for New Zealand

New Zealand citizens can now obtain E-1 and E-2 treaty trader and investor visas to work in the U.S. These categories, which allow up to 2 years’ renewable stay, are determined by trade treaties secured between the U.S. and the foreign country or by Congressional legislation.

Citizens of New Zealand who are already inside the U.S. may file Form I-129 to change status – a spouse or child of such an applicant should file Form I-539 to change status to match the E-category applicant. 

06-14-2019
Waiting List Announced for Indian EB-5 Starting in July

The latest Visa Bulletin, published by the U.S. Department of State (DOS) earlier this month, confirms industry predictions of a waiting list for Indian-born EB-5 investors. Starting in July 2019, EB-5 visas will be available only to those Indian-born investors who filed their petitions before 05/01/2017. This cut-off date creates a waiting list of approximately two years, which is significantly shorter than the waiting list currently facing mainland Chinese-born investors, which currently stretches back to 10/01/2014.

06-10-2019
Premium Processing Returns to H-1B

Starting June 10, 2019, the U.S. Citizenship and Immigration Services (USCIS) will resume Premium Processing for all remaining H-1B petitions. This completes a trial arrangement whereby USCIS allowed limited Premium Processing starting May 20 for H-1B petitions with a Change of Status. The approach was introduced after recent years eliminated Premium Processing altogether, resulting in lengthy delays, with some H-1B petitions remaining under adjudication even after the usual annual start date of October 1.

06-05-2019
USCIS Tightens Forms Criteria for H-1B Filings

The U.S. Citizenship and Immigration Services (USCIS) issued a caution on June 4, 2019, stating that H-1B petitions will be rejected if they fail to include names and addresses on Part 1 of Form I-129. Specifically, applicants are cautioned not to list outside counsel, clients, or other third parties, in such fields requesting the names and addresses of the petitioning U.S. employer. This measure, which goes into effect starting August 5, 2019, comes as part of the current administration’s moves to raise barriers to entry for the H-1B category overall. 

06-04-2019
U.S. Department of State Update – Visa Retrogression and Future Wait Lists

Washington DC, June 2, 2019 – The American Immigration Lawyers Association recently spoke to Charlie Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State (DOS) to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin. Mr. Oppenheim re-confirmed previous predictions for the EB-5 visa category for Indian nationals. India will reach its per country visa limit and a visa waitlist for Indian-born individuals will begin in July of 2019 with an initial Final Action Date (cut-off date) in 2017.