The Law Offices of Suzanne L Capriotti, LLC

Welcome To Our Blog

2020-04-28T09:41:16Z

We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for updates.

How can you qualify for a 601 waiver?

2020-04-28T09:41:18Z

People who have been living in the U.S. illegally for over a year and then leave the country can seek legal residency if they don't re-enter the U.S. for at least 10 years. However, many people have family obligations in this country that would make deportation and a decade-long re-entry ban very difficult for their loved ones. For immigrants whose deportation would impose an extreme hardship on their immediate family, the U.S. Citizenship and Immigration Services (USCIS) offers a "601 waiver." If granted, this allows people time to adjust their immigration status without facing deportation or to re-enter the country if they've been gone for less than 10 years. The USCIS has specific requirements to qualify for a 601 waiver (Form I-601, Application for Waiver of Grounds of Inadmissibility). For example, a family member who would face this "extreme hardship" must be a "qualifying relative." This includes parents or spouses who are either legal residents or U.S. citizens. It's essential to understand what the USCIS considers "extreme hardship." Many people might consider separating parents and children or losing the breadwinner of the family an extreme hardship, but that's not how the USCIS regulations work. While eligibility based on extreme hardship isn't clearly defined, there are four levels of arguments that people can use to qualify for a waiver. Usually the agency requires at least one argument that qualifies as a Level 1 and several more in the lower levels. Level 1 arguments include a qualifying family member with a serious medical issue that makes it impossible to safely travel abroad and requires the person who's here without proper legal documentation to stay in order to care for them. Another Level 1 argument is if a war is taking place in the immigrant's home country. Level 2 through 4 arguments also include having relatives with serious medical conditions, imminent political upheaval or very poor economic conditions in the home country, as well as the need to care for aging parents in the U.S. If you or a loved one is seeking to avoid deportation or to gain re-entry into the U.S. by applying for a 601 waiver, a Maryland immigration attorney can provide valuable guidance as you work to provide a strong case to USCIS officials.

How long can you be outside the country and keep your green card?

2020-04-28T09:41:18Z

You've gone through the long, often-frustrating process of getting a green card. Perhaps you plan to become a U.S. citizen one day. Maybe you just want to be able to live and work in this country for the foreseeable future. Either way, your green card status is valuable, and you don't want to do anything to risk losing it. You know that breaking the law could cost you your green card. However, you also risk losing it if you leave the country for an extended period. Many people believe that this means a year or more. Indeed, if you are outside of the U.S. for over a year, getting back in can be a challenge. However, the length of allowed absence isn't defined. Generally, if you aren't gone for more than six months, you won't have a problem returning to the U.S. However, border officials want to make sure that green card holders aren't actually living in another country and just returning to the U.S. periodically to maintain their immigration status here. Be prepared to have to convince border officials that you are still a permanent U.S. resident. If you've applied for U.S. citizenship, that task should be easier because you've demonstrated your intention to make the U.S. your home. However, keep in mind that there's usually a waiting period of five years after receipt of a green card before you can begin the citizenship application process. If your spouse is a U.S. citizen, it's three years. If you need to be outside the U.S. for over a year, whether for work or personal reasons, you can apply for a reentry permit from the United States Citizenship and Immigration Services (USCIS) before you go. This allows you to reenter the U.S. within two years after you left. What if you didn't obtain a reentry permit because you thought you'd be back in a few months, but illness or some other unforeseeable circumstances kept you away? You'll need to go to a U.S. consulate in whatever country you're in, provide evidence that you were unable to return within a year and seek a special immigrant visa to return and keep your status. If you or a loved one with a green card has concerns about traveling outside of the U.S. for an extended period, a Maryland attorney with experience dealing with the USCIS can provide valuable advice and assistance.

New rules could lead to deportation for some green card holders

2020-04-28T09:41:18Z

We've recently discussed how, under the current administration, a person's immigration status — even if they're a naturalized citizen — may not be as secure as they believed. This includes people who have received legal residence permits, i.e., green cards. U.S. Citizenship and Immigration Services (USCIS) has implemented new guidelines that could send some green card holders to immigration court. The new guidelines involve the "reception of public benefits" available through state and federal programs. If the government believes that a person has engaged in "fraud or willful misrepresentation" of their situation, they may face deportation. Legal U.S. residents currently may be able to qualify for a number of government-provided benefits to help them support themselves and their families if they have an established need because of their incomes or disabilities. These programs include Medicaid, Supplemental Security Income (SSI), the Children's Health Insurance Program (CHIP) and the Supplemental Nutrition Assistance Program (SNAP). Those people who are suspected of providing inaccurate information to receive these benefits may be issued a Notice to Appear (NTA) by immigration officials. This is the first step to possible deportation. Another proposal by the Department of Homeland Security (DHS) would make it more difficult for people to get green cards if they are receiving government benefits for themselves or their children. A draft of the proposal says, in part, "An alien's receipt of public benefits comes at taxpayer expense and availability of public benefits may provide an incentive for aliens to immigrate to the United States." Whether you are in the process of applying for a green card, you already have one or you're exploring the possibility of becoming a U.S. citizen, the state of flux of immigration policies can be confusing and frustrating. You may want to seek guidance from a Maryland immigration attorney.

How can naturalized citizens lose their citizenship

2020-04-28T09:41:18Z

You've gone through the long, arduous process of obtaining your U.S. citizenship. No one can take it away from you, right? That's not a guarantee. Although it's rare for the U.S. government to "denaturalize" a citizen, there are grounds for it. These include:

Dishonorable discharge from the military: The person must have been court-martialed and served less than five years to be denaturalized for this reason.
Membership in a "subversive" group within five years of becoming a citizen: Such groups include Al Qaeda and the Nazi Party.
Hiding relevant information or providing false information during the application process: This includes things like not disclosing criminal convictions or falsifying your true identity.

The denaturalization process begins with a complaint being filed against someone. That person has 60 days to respond. If the U.S. government proves its case for denaturalization, the person may be deported. Children who were granted citizenship because their parent was a naturalized citizen may lose their citizenship if their parent is denaturalized. It may not be surprising, given the current administration's efforts to find and remove illegal immigrants, that efforts are being stepped up to find people who may have used false information or identities to gain citizenship. The director of the U.S. Citizenship and Immigration Services (USCIS), L. Francis Cissna, recently announced that the agency is starting an office, staffed with immigration officers and attorneys, to review the cases of people with suspected activity. He says he believes that there are "potentially a few thousand cases." If you are facing potential denaturalization, it's essential to find out what your potential defenses and appeals options are. For example, you may not have knowingly provided false information. You may not have realized that a group with which you have been associated is considered subversive. An experienced immigration attorney can provide guidance as you go through the justice system.

Could your closed immigration case be reopened?

2020-04-28T09:41:18Z

Immigration issues were front and center in the 2016 presidential campaign. They've become increasingly divisive, with the rhetoric more heated than ever, under the Trump administration. Undocumented immigrants who benefited from President Obama's policies are now facing a reversal of many of those policies under President Trump and U.S. Attorney General Jeff Sessions. These reversals have understandably caused fear and confusion. Among those undocumented immigrants concerned about their future here in the U.S. are those who chose to have their cases closed in exchange for being able to remain in the country, albeit without legal status. They did this rather than accept the second option of proceeding with their court case in an effort to gain legal status and going up against prosecutors arguing for their deportation. Some 350,000 cases were closed in this manner. Therefore, this policy helped relieve the considerable backlog of cases so that immigration courts and prosecutors could focus on undocumented immigrants who had committed serious crimes here. Attorney General Sessions, however, believes that immigration judges who closed these cases didn't have the authority to do so without issuing a ruling. So what happens to these many thousands of undocumented immigrants who were told that they were safe from deportation? The good news is that the resources don't exist to reopen every case. However, any of the people who took this "plea bargain" of sorts rather than fight for legal status could find themselves once again facing potential deportation. Immigration advocates are concerned that with so many potential cases subject to reopening, judges won't have time to give each one the consideration it deserves. If you or a loved one is in this situation, it's wise to speak to a Maryland immigration attorney. He or she can provide valuable guidance about your options so that you can make the decision that's best for you and your family.

Can I get a mortgage if I’m not a U.S. citizen?

2020-04-28T09:41:18Z

Homeownership is part of the American dream -- whether you were born here or moved here from somewhere else. You don't have to be a U.S. citizen to own a home in this country. However, if you need a mortgage to be able to afford a home -- as most of us do -- it's important to understand how your immigration status comes into play. If you are a permanent resident (green card holder), you can apply for federal FHA and Fannie Mae loans. However, you will likely need to provide proof of how long you've been a resident and of income continuity. Be prepared to show tax returns for the past two or three years, at least a two-year credit history and bank statements going back at least a couple of months. One mortgage advisor says, "Some people have to spend a few years establishing themselves here before they can qualify for a conventional loan." She also notes, "Every lender has different requirements…so if one lender disqualifies your application, reach out to other lenders or mortgage brokers." Even temporary residents who are in the country on a work visa can qualify for federal home loan if they've been working here for at least a couple of years. If you don't have those two years of U.S. tax returns, some lenders will consider income earned outside the U.S. However, it generally needs to have been earned with the employer for whom you're currently working in the U.S. If you're considering applying for a mortgage and your work visa expires soon, you may need to get documentation (like a letter) from your employer stating that they'll be renewing it. If you're a permanent or temporary resident, you may want to seek out a lender or mortgage broker that helps noncitizens obtain home loans. A Maryland immigration attorney can likely provide you with some referrals and assist you if you run into problems getting a mortgage because of your immigration status.

Green card glitch impacts over 8,500 people

2020-04-28T09:41:18Z

Most people are thrilled when they finally receive their green cards -- often after a very long wait. However, for thousands of people who received their green cards this year, that excitement has been tampered by a glitch. U.S. Citizenship and Immigration Services (USCIS) recently announced a recall of over 8,500 Permanent Resident Cards (the official name of the card) that were sent out between February and April of this year The reason for the recall is that the date on the "Resident Since" section was incorrect. The cards impacted by the production error were issued to spouses of U.S. citizens who completed Form I-751. By having this incorrect date on their green card, these spouses could have to wait longer than the required three years to submit an application for citizenship. According to USCIS, the agency has sent notifications to the impacted card holders or their attorneys. They are being asked to return the incorrectly-printed cards. USCIS says that it is issuing corrected cards within about two weeks of receiving the ones back that have the wrong dates on them. Those people impacted by this error who need to travel abroad or provide evidence of permanent residence status while they're awaiting their new card are advised to call USCIS for assistance. Dealing with any part of the federal bureaucracy can be difficult, tedious and time-consuming. When your right to be in this country and travel freely is at stake, it can be particularly stressful. If you have questions or need assistance in dealing with USCIS for yourself or a family member, an experienced Maryland immigration attorney can be an excellent resource. Source: CBS 8, "USCIS recalls thousands of Permanent Resident cards due to production error," May 16, 2018

Going from Special Immigrant Juvenile to Green Card holder

2020-04-28T09:41:18Z

Immigrant minors who have been the victims of neglect, abuse or abandonment can seek classification as a Special Immigrant Juvenile (SIJ). This status may be available to those who are under 21 and unmarried. Those with SIJ status can apply for an Adjustment of Status if they wish to become legal permanent residents of the U.S. and receive a Green Card. Acceptance is at the discretion of the U.S. Citizenship and Immigration Services (USCIS). If you currently have SIJ status, you can apply for a Green Card before you reach the age of 21, but there's no age limit for application. Your application won't be denied based on the fact that you've already turned 21 as long as you're still unmarried when the application is filed and adjudicated. You must be eligible to adjust your status and apply for a Green Card. There are a number of factors that can make someone ineligible. These include convictions for certain criminal offenses, e.g., crimes of "moral turpitude," drug trafficking, money laundering and terrorist activities (including involvement in terrorist organizations). A person can also be deemed ineligible for health-related reasons, including physical and mental disorders or displayed behavior determined to be a threat to public safety. A person must also present evidence of recent vaccinations for a number of "vaccine-preventable diseases." If you have SIJ status and wish to seek a Green Card, you should have the guidance of an experienced Maryland immigration attorney. He or she can provide guidance through the process and help improve your chances of becoming a lawful permanent resident of the United States. Source: U.S. Citizenship and Immigration Services, "Green Card Based on Special Immigrant Juvenile Classification," accessed May 23, 2018

Spouses of H-1B visa holders may soon lose their right to work

2020-04-28T09:41:18Z

Among the overhauls to America's immigration policies being pursued by the Trump Administration are changes impacting recipients of H-1B visas. This visa is an important step toward a green card for many people. Despite the anti-immigration rhetoric coming from Washington, H-1B visa applications continue to pour in. This is the sixth year in a row that the government had to stop accepting applications after a week because of the volume. A majority of these visas, which are issued to people from other countries with valuable skills (such as those involving science, math and technology) go to Indian nationals. Some 75 percent of those approved in 2017 were for people from India. One of the changes to the H-1B visa program announced by the administration is to rescind a related program started under President Obama. Known as H-4EAD, it allows spouses of H-1B visa holders in line for a green card to legally work. This change would largely impact Indian women married to men with H1-B visas. Many of these women are well-educated, highly-skilled people themselves. Prior to the H-4EAD program, they'd had to give up their careers and standard of living to follow their husbands to the U.S. because they hadn't been allowed to work. Under H-4EAD, they could get work permits that allowed them to contribute significantly to the family income. Now, their jobs and futures are in jeopardy. Further, companies that rely on H-1B visa employees are concerned that if spouses can no longer get work permits, they may lose applicants. The head of the United States Citizenship and Immigration Services (USCIS) recently said that its priority is to protect American workers. Some of these workers who say they've lost their jobs to skilled people from other countries have sued the government seeking to end the H-4EAD program. The Department of Homeland Security (DHS), which oversees the program and issues work permits, says it's analyzing its economic impact and will likely decide its fate by June. Immigration programs and laws are in flux -- perhaps more than they've been in a long time. If you have any questions about your ability to work legally in this country or anything else concerning your status, an experienced immigration attorney can provide valuable information and guidance. Source: The New York Times, "Thousands of Indian Women Find Their American Dreams in Jeopardy," Miriam Jordan, accessed May 10, 2018