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Pollack, Pollack, Isaac & DeCicco, LLP
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How Long Can I Stay In The US?

A frequent issue for people visiting the U.S. with a visa is how long they can remain in the country lawfully. A visa is a travel document that allows a foreign traveler to request admission to the U.S. at a U.S. border or port of entry. Typically, a visa will allow travel to the U.S. Read More

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Court Loss on Obama Deportation Rules May be a Good Thing

A decision by the 5th Circuit Court of Appeals on November 9th means more delays in implementing rules to protect millions of nonimmigrants from deportation. Although the ruling is disappointing and frustrating, there is hope. The argument will now move to the US Supreme Court, where we expect the decision to be reversed. As we’ve Read More

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How to Use Advance Parole to Get a Green Card

One of the biggest obstacles for undocumented immigrants seeking permanent residency is the fact that they entered the US illegally. The unlawful entry often prohibits them from getting a green card even if they have a family member who could sponsor them. However, there are some very unique exceptions. One of those involves Deferred Action Read More

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Proposed Changes to STEM Extension Rules Provide Students up to 3-years of Practical Training

International students with Science, Technical, Engineering and Math (STEM) degrees may become eligible to work in the U.S. for up to 3 years under new proposed rules. On October 19, 2015 the U.S. Department of Homeland Security (DHS) issued proposed changes to its regulations, which offer both additional benefits and employer requirements for students and Read More

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Proposed rules ease burden for extreme hardship waivers

The USCIS just published proposed rules and policy guidance that could make it easier for non-immigrants to qualify for extreme hardship waivers. Under several immigration provisions, non-immigrants who would otherwise be required to leave the US and would not be able to get a green card can get a waiver because of extreme hardship. However, Read More

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Do’s and don’ts for business visitors to the US

I have to go to the US for a business trip. What can I do and not do while I am in the US? It’s very important to understand the dos and don’ts of business visits to the US. We regularly get calls from multinational companies who have sent employees to the US for business Read More

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Cancellation of removal: How to avoid deportation and obtain a green card

It’s one of the biggest fears of undocumented immigrants: getting a notice to appear for a removal proceeding that may end in deportation. Often this happens after an arrest for another offense and so it makes an already stressful situation even worse. Fortunately, some immigrants can avoid deportation and even get a green card in the Read More

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Immigrant Investor Program in Danger?

The Immigrant Investor Program, also known as EB-5, is set to expire on September 30th as Congress continues to debate its merits. The EB-5 program enables foreigners to obtain legal permanent residency in the US through investment in a new commercial enterprise. Although the program brings almost $2 billion into the US annually, it has Read More

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Common Mistakes in Applying for Citizenship

You’re finally ready to take the last big step and become a US citizen. The application for naturalization seems straightforward and you haven’t had any previous immigration problems; so you decide to take care of this yourself. That could be a big mistake. When an application for citizenship is received, USCIS doesn’t just do a Read More

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USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status

For those waiting to file for an I-495 adjustment of status and get a green card, newly revised procedures will provide much needed information for determining visa availability. The new rules implement the White House’s initiatives to modernize and streamline the immigration process. The I-495 adjustment of status process allows eligible individuals already in the United Read More

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Immigration News from ILW.COM

FAQs
  • Q: My employer wants to sponsor me to get a green card – can they?

    If you entered the United States without visa and are working here without legal documentation, your employer may be able to help you. But it’s important to understand that just because your employer wants to help doesn’t mean you will be able to obtain a green card. The process for obtaining a green card is complicated and depends on many factors, including your prior history (and your family’s prior history) in the United States. So it’s good that your employer wants to help but the first step is to call us for an interview so we can understand more about your situation.

  • Q: How can I get a work permit?

    A work permit is a common way of referring to an Employment Authorization Document (EAD), which is issued by the Immigration Service (which is part of the U.S. Department of Homeland Security). Under U.S. law, you need a work permit or EAD in order to become a legal employee of a U.S. company. Many lawyers will promise to get you a work permit, but you have to be careful about this. The catch is that you can’t simply apply for a work permit or EAD in itself. In order to apply for a work permit you have to make an application for legal status in this country on some other basis. Don’t believe any other lawyer or person who tells you it’s an easy thing to get a work permit. Call us for an interview and we can explain to you how the process and immigration laws in the United States really work.

  • Q:  Can I apply for deferred action now?

    As a result of the injunction issued by the District Court in Texas, applications for the expanded DACA program and DAPA are currently on hold. The Department of Homeland Security is not currently accepting requests for the expansion of DACA, as originally planned. Until further notice, it has suspended the plan to accept requests for DAPA.

  • Q: Does the new executive order or court injunction change Deferred Action protection under existing DACA?

    The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012. This ruling only delays the start of DAPA and the expansion of DACA.

  • Q:  Who can I contact for more help or information?

    It’s important that you speak with a qualified attorney who can explain all the options and issues relating to your immigration status.  Do not take advice about your immigration case from a notary public or an immigration consultant.  The U.S. immigration laws and rules are very complicated and many people take advantage of undocumented immigrants, making promises and charging money without providing honest advice.  Contact only a qualified immigration lawyer for legal advice about your case. If you encounter 'notarios' who offer legal advice without a license, report it.

  • Q; What should I do now?

    You can begin preparing now! Even though DHS is not currently accepting applications under DAPA or the expanded DACA programs, individuals who are potentially eligible for Deferred Action status should begin preparing their applications now. It is very likely that the Texas decision will be overturned and there will probably be a rush of applicants when that happens. Individuals should be ready with their applications and start now by gathering the necessary documentation and seeking good counsel to give themselves the best chance for success and to avoid potential problems.

  • Q: I haven’t seen my mother since I came to the U.S. 10 years ago. Can I apply for a visa so she can join me here?

    If you are a U.S. citizen or have a Green Card, then yes, you can apply for a visa for your family members. But the process can take a long of time, depending on your own status. If you’re a U.S. citizen, it might take 8 months to a year to process the application. The waiting time will be much longer if you’re a Green Card holder. Generally, the sooner you start the process the better, so contact one of our attorneys now to get started or browse our site to learn more about the different types of visas available for family members.

  • Q: My grandma is sick back home – can I go visit her?

    Whether you can travel abroad depends on your immigration status. If you have been granted DACA or if you have a Green Card in hand – you still must ask for advanced permission in order to leave the country. This is called advanced parole. Obtaining advance parole is relatively inexpensive. But it is not without risk, because there is really no way to guarantee that you will be able to return. Your return is ultimately within the discretion of the authorities at the point of your reentry to the U.S.

  • Q: Can our company sponsor an employee to get a green card?

    If one of your employees entered the United States without visa and is working here without legal documentation, you may be able to help this person obtain legal immigration status. This doesn’t necessarily mean they will be able to obtain a green card. The process for obtaining a green card is complicated and depends on many factors, including a person’s prior history (and their family’s prior history) in the United States. It’s definitely helpful to their case if you, as their employer, are willing to help, but the first step is to have the employee call us for an interview so we can understand more about their situation.

  • Q: What is a work permit?

    A work permit is a common way of referring to an Employment Authorization Document (EAD), which is issued by the Immigration Service (which is part of the U.S. Department of Homeland Security). Under U.S. law, an employee needs a work permit or EAD in order to become a legal employee of a U.S. company. Many lawyers will promise to get undocumented immigrants work permit. But you have to be careful about this. The catch is that you can’t simply apply for a work permit or EAD in itself. In order to apply for a work permit a person must make an application for legal status in this country on some other basis. So don’t let your employees get gulled into believing that it’s easy to get a work permit by some lawyer or hustler on the street corner. Call us for an interview and so we can explain to your employees how the process and the immigration laws in the United States really work.

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