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Family Immigration Archives

Family Preparedness: Having the Tough Conversation with Spouses, Children and Loved Ones

Are you or an immediate family member (meaning spouse, child or parent) undocumented? If so, you belong to a group of an estimated 16 million people in the United States who have "mixed-status" families. If so, know that you are not alone and you have options.

Questions for immigration attorney:

Q: What are my rights if immigration officers ("ICE") come to my house?Even if you are in this country without valid status or are undocumented, the U.S. Constitution affords certain rights. You don't have to open the door or let the officers into your home unless the immigration officers have a valid search warrant, signed by a judge. A warrant is a document signed by a court or authorized government agency. Keep in mind that an ICE deportation/removal warrant or arrest warrant is not the same as a search warrant. The officers cannot enter your house without the search warrant unless you give them verbal permission to come inside. Your verbal permission is called "consent." You have the right to see the search warrant before the officers enter your house (for example, you can ask them to slide it under the door). You can also talk with the officers at the door, without letting them inside.

Making an Immigration Plan

Recent executive orders signed by President Trump, have sparked widespread discussion within the immigrant community. U.S. immigration laws and policy are centerstage. Much of what is being discussed within the immigrant community, although well intentioned, can often be misguided and misleading. In this current situation, having an immigration expert educate you so you can make an informed decision is of course a wise plan.

Individuals with DACA

Individuals with DACA (Deferred Action for Childhood Arrivals) are able to apply for travel permits ("advance parole") under very specific sets of circumstances: visiting sick relative(s), school or work related travel. If you currently have DACA or believe you might qualify for DACA, reach out to us so we can help determine if you may obtain a travel permit. Returning to the U.S. with advance parole may entitle you to apply for immigration beneficts if you are otherwise eligible. Contact us to schedule an appointment to discuss your options. 

What you need to know about the new memo issued this week by Homeland Security Secretary John F. Kelly

On February 20, 2017 The U.S. Department of Homeland Security issued a Memo outlining the new enforcement priorities for ICE. People that are priority for removal are those that:

The importance of having a qualified immigration attorney in these uncertain times

Immigration policy and enforcement continues to evolve undergoing a large shift and uncertainty abounds. Undocumented immigrants fear ICE knocking at their door and those with lawful immigration status, but who are not yet U.S. citizens, are also uncertain. Concern is understandable, and in times like this it is of the utmost importance that you have the highest level of legal representation in your immigration matters. We hope this brief article alleviates some of those concerns.

6 Most Important Things to File For Adjustment of Status inside the United States

To file for adjustment of status from a non-immigrant visa classification to legal permanent resident, there are several pre-requisites. Top Orange County Immigration law firm, Wilner & O'Reilly describe here the conditions you need to meet to file for adjustment of status from inside the United States of America. • You must be physically in the United States if you want to apply for legal permanent residence in the US. In case you are outside the US, you must get an immigrant visa at a United States Consular post in that country.

3 Reasons Why You Need an Immigration Attorney!

Do you have any idea how complex the process of immigration is and various deadlines if you do not have an immigration lawyer. The immigration law has changed over time, and for most of the people it is quite difficult to understand what is essential and when. If you have an experienced attorney with you, then this problem is sorted.

Furor over anchor babies at odds with immigration laws

Most California residents are likely aware that immigration has become a contentious issue in the run-up to the 2016 presidential election, and some candidates have called for changes in the law to prevent citizenship being granted automatically to the children of undocumented immigrants born in the United States. The political debate on this issue may foster a belief that having what the media refers to as an anchor baby is a way for immigrants to achieve legal residence in America quickly and easily, but immigration laws give few advantages to the parents of these children.

Domestic partnerships not recognized by immigration law

California residents may not be aware that if they are not married to a foreign national, they cannot use their domestic partnership status as a path to permanent residence for the person. This is true even if the domestic partnership is registered with the state.

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