The recent update in immigration saw US Justice Department sue California over its sanctuary city laws. The Trump administration is suing the states all over the country who have offered to protect the immigrants — legal as well as illegal. The state of California is home to about one-quarter of the total estimated 11 million immigrant population across the United States.
The suit filed against California questions the three statues that the state has for the immigrants to protect them from the expulsion or persecution. This means that if the ruling goes in the favor of the government, the state will have to hand over the undocumented immigrants.
The dictums which are protecting the immigrants bar any police or government official from asking the immigrants about their citizenship status. According to the administration, these dictums are deliberate efforts by the state of California to obstruct the implementation of the federal immigration law. Under the US Constitution, California cannot obstruct the government to implement the laws that the Congress has enacted.
The Governor of California Jerry Brown defied the White House and openly challenged the President and signed the legislation making whole California a “sanctuary state.” He did this to halt illegal immigration laws that can expel almost millions of people who came to the country without papers. States across the country have declared themselves sanctuaries for the immigrants — legal as well as illegal who have been prosecuted wrongly. By declaring that they would not cooperate with any federal agents seeking to round up any immigrants. Immigration and Customs Enforcement along with other federal agencies such as Customs and Border Protection believe that these policies of the sanctuary cities are letting the immigrants with criminal background go free.
This issue has affected the administration so much that the Justice Department, led by Attorney General Jeff Sessions has threatened to withdraw the funding of the cities acting as sanctuaries. The suit named Brown and state Attorney General Xavier Becerra as defendants. Both attorneys are strident defenders of undocumented immigrants. Brown went further and tweeted “At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America.”
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A legal process through which a foreign citizen or national can become a citizen of the United States is known as Naturalization. To get the naturalize, the initial step is to apply for citizenship. There are many steps that an applicant need to clear and fulfill all the requirements. These legal requirements help the immigration service ensure that only those people who are sincere in their desire to become Americans become naturalized. The processing time of a U.S. citizenship application can take less than a year or more than one year. If you want to become a permanent resident of the United States, you must read the following steps.
Citizenship Application Form N-400- Form N-400 is a form and you can say it is an initial step used to apply for US citizenship through the naturalization process. This lawful process is to become a permanent resident. Green card holders of the United States who meet all requirements, can file N-400 form to request citizenship.
According to the U.S. Citizenship and Immigration Services (USCIS), the applicant must fulfill the following steps for naturalization-
- At least 18 years old or above.
- A lawful permanent resident of the United States.
- Resident and physically present in the US for at least 5 years while filing the application (3 years if married to a US citizen).
- Have basic knowledge of English.
- Have basic knowledge of US government and history.
- Must have a good moral character.
- Be willing to take the Oath of Allegiance.
Process- In the procedure of naturalization, an applicant needs to file the Form N-400. After checking the requirements, USCIS sends an application receipt notice. After that, the applicant needs to face an interview conducted by the USCIS at your local Application Support Center (ASC). You will have to go to the ASC for biometric services. After completing the fingerprinting process, the FBI conducts a standard background check.
You must report to the USCIS office at the date and time on your appointment notice. It is recommended to all applicants to please carry the appointment notice with them. It is very important not to miss the interview.
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Since the beginning, immigrants have worked towards the betterment of the country. Immigrants create job opportunities, are entrepreneurs and taxpayers. Despite all the positive steps, the immigrants are sidelined and threatened by the present United States administration. The latest crackdown has reported how the undocumented immigrants are all murderers, gang members, and the numerous threat they pose. The legal immigrants are said to be the potential terrorists.
Amidst all the political crackdowns, it is necessary that we focus on the positives. Immigrants have helped to build the country. Here are some amazing facts about immigrants in USA:
- Do you know that there are approximately 43.3 million foreign-born people live in the United States.
- The foreign-born population in the country includes 20.7 million naturalized U.S. citizens and about 22.6 million noncitizens.
- The number of immigrants in the United States has more than quadrupled since 165. It is said to reach 78 million by 2065.
- The present immigrants are more than they were 50 years ago.
- The statistics in 2015 reported that there were from 26.9% of immigrants were from Mexico, 2.7 million from China, 2.4 million from India, 2 million from Philippines, 1.2 million from Cuba, 1.3 million from Vietnam and 1.1 million each were from the Dominican Republic and South Korea.
- Do you know that more Mexican immigrants are returning home rather than staying in USA.
- From 2009-2014, about 1 million immigrants returned to Mexico.
- Till 2013, the Obama administration had removed nearly 2 million immigrants, the highest number under any president.
- With policies made extremely tough, the country will face shortage of 20 million workers by 2026.
- As of 2013, there are about 1 million gay, lesbian, bisexual, and transgender, adult immigrants in the United States.
- More than half of the immigrants in the country are homeowners and 65.2 percent of US born are the homeowners.
- Do you know fewer than 1 in 5 immigrants live in poverty.
- A 2017 study by the Cato Institute found that the incarceration rate for immigrants— authorized and unauthorized —ages 18 to 54 was very less than that of the U.S.-born population.
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US is one of the countries that have strict rules and laws for immigration. The Immigration and Naturalization Act (INA) is the primary body that includes the various immigration laws in a detailed manner. US is the leading choice for the individuals looking for job or business opportunities in various fields. Therefore, recently they have made the process a bit tedious, complex, and costly. To make your immigration smooth and seamless, researching and hiring the best immigration law firm is important. Nowadays, there are numerous immigration law firms and immigration lawyers that have emerged due to the increased number of immigrants.
best immigration law firm in New York
Below are the simple guidelines for hiring an immigration law firm- It is very important to verify if the immigration law firm you are considering to employ has a good reputation of the “bar” of the United States. Check the attorneys and their experiences. It is important to check the license of the attorneys practiced in the law firm. Make sure that the immigration attorney has not been or is not suspended or expelled from practicing the law.
Check the feedback of the law firm. It is very important to check the reviews of the firm as well as the individual attorneys working there. If you are sure of the immigration firm that you have hired, the next thing to do is to attend every court proceedings that directly involve with your case and listen to whatever the judge and your attorney asked you to do.
If you have PR (permanent resident) status, you can consult the immigration law firm to apply for naturalization. The process for naturalization is also complex, timely and slow similar to the process of the immigration. It is recommended that you read all the instructions and requirements while applying for PR or naturalization. There are many websites that give you detailed information about the process but for the paperwork, you need an immigration law firm.
If you are looking for the best immigration law firm in New York, then you can consult Wildes & Weinberg. For over 50 years the law firm has specialized in innovative thinking. They have many experienced and qualified attorneys who can assist you through all aspects of immigration law. If you need help regarding the United States citizenship application and naturalization, you can consult the firm.
Getting a US citizenship is not only complex but also confusing. The Trump administration is slowly eliminating all the programs related to the immigrants gaining citizenship in the country. This is making the process a lot more complicated. Nevertheless, that does not mean that an immigrant cannot get citizenship of the US. It just means that it is a lot better if you opt to hire the best immigration lawyers in NJ.
- If you are taking the route of the natural citizenship, you must have the green card or permanent resident for a minimum of five years.
- If you are the spouse of a US citizen, you can apply for citizenship after three years.
- You must be over 18 and should be able to read, speak, and write English
- You should be able to prove your good moral character
- You should be convicted of crimes
If you meet the above-mentioned requirements, you will be considered eligible for the citizenship. You will be required to fill form N-400 and application for naturalization to begin the process.
DAPA and DACA Program
The year 2016 saw the end of Deferred Action for Parents of Americans and Permanent Residents (DAPA). It was a boon for the illegal parents to get the citizenship who have children who are US citizens.In 2017, Trump administration ended the Deferred Action for Childhood Arrivals (DACA). It was a program to help the people who came as undocumented immigrants in their childhood. With the end of these programs, it has become difficult for the immigrants to get their citizenship. Nonetheless, don’t think of this as an end. There are still ways to get your US citizenship.
The immigration law of the United States is very clear about the asylum status. You can apply for Asylum in the US if:
- If you are present in the US (legally or illegally) and not able to return to your country because:
- You might be persecuted in your home country on the basis of race, nationality, religion, political opinion or membership in a particular group.
- Remember that you apply for asylum if you are being persecuted by the government or a group that cannot be controlled by the government.
Victims of Crime
The visa was created in 2000 under Victims of Trafficking and Violence Prevention Act to protect and help the immigrants who were victims of crimes and helped law enforcement. With this visa, they will be able to help the law without worrying about going back. If you have been victim to mental or physical abuse in relation to the crime, you will be eligible to file for your citizenship under this act. The crimes include:
- Slave trade
- Felonious assault
- Kidnapping or Abduction
- Domestic Violence
Want to know more? Do you have questions regarding your case? Consult Wildes & Weinberg. They have one of the best immigration lawyers in NJ.
All the residents of the US know that if you become a US citizen or are a permanent resident, you can get the green card for your family back home. However, one thing they don’t know is how to accomplish it. The laws of the US immigration are complex. It takes an experienced person to understand them all. While a layman might fill all the forms right, they will still have problems accomplishing their goal. This problem doesn’t occur with the immigration lawyers. They are well-versed in the immigration laws and know their working and loopholes in depth.
What is family-based immigration?
Family-based immigration is the process of applying for a green card through the spouse or a family member. The process is long and complex. It often lasts for years. The applicant gets fingerprinted, photographed, cleared by FBI and subjected to medical examination. All this process is done after the permanent family member places the file in the system. Without best immigration lawyer, the file can remain stuck in the system. You will need a person to keep track of the files in the immigration system.
The documentation for family-based immigration is extensive. They need to be carefully kept with the application and numbered accordingly. The best immigration lawyers in NJ make sure that your documents are up-to-date when you file for the immigration. The forms involved are Forms I-130 & I-485.
Form I-130 requires:
- Proof of US citizenship
- Proof of permanent resident status
- Proof of relationship with the applicant
Form I-485 requires:
- Proof of applicant’s clean record
- Copy of applicant’s passport copy bearing non-immigrant visa
- 2 passport size identical photographs
- Form I-693 (medical examination report)
- Form I-864 (Affidavit of Support)
When both forms with their concerned documents are attached and checked, then only the file is accepted. If you have hired the best immigration lawyers in NJ, he/she makes sure that your documents are submitted on time and your case moves smoothly. He/she will be there to handle all the hurdles. The interview of the applicant is rigorous if you are applying on the basis of marriage. The authorities will make sure that your marriage is not a sham. In such a case, you will want your immigration lawyer by your side. If you are still searching for the best immigration lawyers in NJ, consult Wildes & Weinberg. They have leading immigration lawyers specializing in family-based immigration cases.
How do you prove to the government of the United States that you are extraordinary? The simplest way is to win a Nobel prize or Pulitzer Prize. But everybody can’t have it. Each year, the government of the America issues thousands of work permits to the non-nationals of the US on the basis of O-1 visa category. The foreigners who enter on the basis of O-1 visa have extraordinary abilities. The candidates entering in the United States of America with O-1 visa are increasing day by day and in the past few decades, the entries have taken a sharp rise. In 2015-16 the number of candidates was around one lakh.
What is O-1 visa?
An O-visa is a non-immigrant temporary worker visa given by the US to the individuals who have extraordinary ability in the field of science, arts, education, motion picture or TV industries, business, or athletics.
According to US Citizenship and Immigration Services, the O-visa can be categorized into following-
- O-1A- Given to the individuals having an excellent knowledge in the field of education, sciences, business, or athletics (excluding the arts, motion pictures or television industry).
- O-1B- Given to the individuals with the exceptional skills in the field of arts or exceptional performance in the motion picture or television industry.
- O-2- individuals who come along with an O-1 visa holder, artist or athlete, to assist in a specific event or performance. For an O-1A, the assistance of an O-2 visa holder is an essential part. The candidate who has an O-2 visa has significant abilities and experience.
- O-3- Granted to the individuals who are the spouse or children of O-1s and O-2s.
Key Features of the O-1 Visa-
- The individuals having O-1 visas can work legally in the US. But the individual wants to change the job type then he/she must have to apply for a new visa.
- O-1 visas can be assigned immediately.
- O visas are granted to the foreigners for a maximum period of three years and that can be extended up to one year.
- The family of O-1 visa holder may travel in and out of the U.S. or stay for as long as the visa stamp and status are valid.
- A spouse and unmarried children under age 21 may accompany the O-1 visa holder, but they may or may not accept employment in the US.
If you have extraordinary abilities and want to shift to the US, hiring an expert O-1 visa lawyer in NYC is a wise decision. Michael Wildes is a leading immigration attorney in New York, NY who has helped thousands of people to immigrate to US. To know more about his successful work stories, visit: Wildes & Weinberg.