Posts Tagged ‘NY Immigration lawyer’

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Arizona Immigration Law in the News

June 27, 2012

If you need help with Immigration in NY, contact Immigration Attorney Susan B. Henner at (914) 358-5200 for more information or an appointment.

Arizona Immigration Law: Local Police Step Up Immigration Enforcement
by Elliot Spagat
June 27, 2012
ESCONDIDO, Calif. — State and local police across the country didn’t need the U.S. Supreme Court ruling upholding Arizona’s "show me your papers" immigration law to begin turning people over to the federal government for deportation.

Since late 2007, they have helped identify nearly 20 percent of the nation’s 1.6 million deportations – a trend that will likely accelerate.

The Obama administration plans to expand to every jurisdiction a program in which local police share fingerprints of those accused of breaking the law for federal officials to identify those they want to put into deportation proceedings.

The administration is making clear that federal authorities have always had – and will continue to have – the final say on who gets deported.

As debate has raged over the provision of the 2010 Arizona law, the federal government has been increasingly tapping the vastly superior presence of state and local police to identify undocumented immigrants for deportation.

State and local police made about 150,000 arrests that resulted in deportation from late 2007 to late 2011 under a program that empowers specially trained local officers to enforce immigration laws. Deportations under that program peaked in 2009 but are falling sharply as the federal government phases it out.

In the fingerprinting program, state and local agencies are responsible for the vast majority of another roughly 150,000 deportations during that time. ICE scans prints of everyone booked into jails for non-immigration crimes and tells local police when they want someone held for deportation proceedings.

Read more HERE

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Political Asylum

June 15, 2012

It is an unfortunate reality that there are many places in the world wrought with war, poverty, and oppression. Many immigrants wish to come to the United States to escape such places and begin a new life, filled with work, and education opportunities. While there are many individuals that cross into American borders illegally, there are a number of individuals that face certain danger if turned away or sent back to their native country. Such refugees often seek what is called "Political Asylum".

A foreign immigrant may request political asylum under Article 14 of the Universal Declaration of Human Rights, and a rules of international human rights law. Provided specific qualifications are met, all countries that have agreed to the United Nations Conventions Relating to the Status of Refugees must allow entry into their borders.

Article 14: Universal Declaration of Human Rights

• (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

• (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

In addition to Article 14, The United States introduced The Refugee Act in 1981that simply states: Asylum and/or Refugee Status is to be granted to anyone outside of his or her own country of Nationality (or already in the United States) who is "unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion".

US Department of Homeland Security (2011). US Citizenship And Immigration Services.

Qualifying for asylum simply consists of being able to demonstrate that due to Nationality, Race, Religion, Political opinions or Social status; a refugee will be in immediate danger if left in custody of their native government. This can often occur due to regime changes within a 3rd world country, or for any number of political or social reasons.

Benefits of acquiring political asylum

The most important factor in being granted political asylum is ensuring safety, and freedom from the immediate dangers posed by a refugee’s native government. However, once accepted within the United States, the opportunity to receive a green card will follow, which may lead to employment and educational opportunities as well, provided qualifications are met.

How to apply for Political Asylum

Applying for Political Asylum can be a tricky and challenging process with many legal loopholes. Although you may apply on your own, it would be beneficial to enlist the help of a professional Immigration attorney. In order to apply for Asylum, an immigrant must file a Form I-589, (Application for Asylum and for Withholding of Removal) within a year of arriving in the United States.

Applicants may include children and spouses provided they are within the United States at the time the application is filed, or at any time until a final decision is made. Children must be under the age of 21, unmarried, and included on the application.

If you need assistance

A professional Immigration attorney is recommended when applying for Political Asylum due to the complex process, and will increase your chances of success. If you or a loved one is seeking political asylum within The United States, contact NY Immigration Attorney Susan B. Henner Attorney now at (914) 358-5200 for a consultation or more information.

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What is a Fiance/Fiancee Visa

May 4, 2012

Eligible Immigrants from all over the world have the opportunity to acquire permanent status in the United States if they are granted a K-1 visa, also known as a "Fiance" Visa.

A K-1 visa is typically issued to the fiance or fiancee of a United States citizen, and requires a certificate of marriage between the immigrant and the U.S. citizen and must be petitioned within 90 days of entry. Once married, the foreign citizen may be eligible for a green card, or lawful permanent residence in the United States. While a K-1 Visa is generally classified as a non-immigrant visa, it may include additional immigration benefits and is often under the jurisdiction of the Immigrant Visa section of United States embassy. Failure to acquire a certificate of marriage after attaining a K-1 visa for 90 days will result in deportation within 30 days. Immigrants that have been issued a fiance visa are also legally able to bring their children under a K2 Visa.

How to get a Fiance Visa

Despite being one of the easiest ways to get citizenship within the United States, approval of a fiance visa is not automatic, or guaranteed. The process involves moderate scrutiny of applications by immigration officials for the purpose of ensuring legitimacy of intent, and not for the sole purpose of gaining immigration benefits. Only a small percentage of K-1 visas are denied, however the process of Obtaining a Fiance Visa is complex and involves significantly large amounts of documentation and up to 5 months of USCIS and U.S. Embassy processing.

If you are applying for a Fiance Visa

The immigration process can be tricky and easily underestimated, that is why it requires the professional assistance of a competent attorney specialized in dealing with immigration topics. If you are an immigrant in or outside of the United States and want to know if you qualify for a Fiance Visa, please contact NY Immigration Attorney Susan B. Henner at 1-888-733-0141 for a consultation and more information.

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DHS Designating Syria for Temporary Protected Status (TPS)

April 11, 2012

If you need assistance with an Immigration matter in NY, contact Immigration Attorney Susan B. Henner now at (914) 358-5200 for more information.

Statement from Secretary of Homeland Security Janet Napolitano on Temporary Protected Status (TPS) for Syrian Nationals
March 23, 2012
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

“In light of the deteriorating conditions in Syria, I am announcing that DHS will be designating Syria for Temporary Protected Status (TPS) for Syrians currently present in the United States. Conditions in Syria have worsened to the point where Syrian nationals already in the United States would face serious threats to their personal safety if they were to return to their home country. Early next week, the Department will publish a notice in the Federal Register that will provide further guidance about TPS eligibility requirements and registration procedures. All applicants must undergo full background checks and while Syrians in the United States are encouraged to apply, they should not submit their applications before the notice is published.”