Posted on November 11, 2024 in Immigration

With Donald Trump taking office in January, U.S. immigration policies will likely undergo drastic changes.  At Hafey & Karim, we believe in the power of informed preparation and are committed to helping our clients navigate the challenges ahead.

Here, we break down seven key immigration policy areas Trump has promised to address. If you or someone you know is affected by any of these changes, now is the time to act.

1. MASS DEPORTATIONS

One of Trump’s most significant promises is to implement mass deportations, affecting an estimated 12 million undocumented people. This goal would require expanded detention centers, significant resources, and fast-tracking cases through immigration courts. For those impacted, the threat of deportation poses a direct risk to their families, livelihoods, and communities.

Take action now if you or a loved one is concerned about potential deportation. Consult an immigration attorney to understand available protections, options to adjust status, and any relief measures that may be available.

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 Posted on October 03, 2024 in Immigration

A visa is a travel document that allows a foreign citizen to enter the United States and remain there temporarily. When the visa expires, it means the holder no longer has permission to be in the country. If the foreign citizen continues to remain in the U.S., it is against the law and can have serious consequences. One of those consequences is deportation, which means being forcibly removed from the country. If your visa has expired, contact a California immigration attorney who can help you plan your next steps.

What Can Happen if I Stay in the United States on an Expired Visa?

Remaining in the United States on an expired visa is illegal and can have the following repercussions:

• Immigration authorities may launch deportation proceedings against you and have you removed from the country.

• Depending on how long you stay past your visa expiry date, you may be barred from re-entering the United States for several years.

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 Posted on September 05, 2024 in Immigration

There are several ways to gain legal entry to the United States. Some are granted immigrant visas through family members, for example, while others are allowed residence for employment or education.

Some noncitizens come to the United States because of unsafe conditions in their home countries. In these cases, the applicant may apply for asylum or temporary protected status (TPS). The best way to determine which is right for you is to consult an experienced California immigration attorney. In the meantime, this article may help you understand the differences between asylum and TPS.

What Is Asylum?

Asylum means you are asking the United States government for refuge from persecution in your home country. When you apply for asylum, you need to prove that you might be oppressed if you return to your home country due to your:

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 Posted on August 07, 2024 in Immigration

The possibility of being deported can be a frightening and intimidating thought to a noncitizen. This is especially true for asylum seekers who might face persecution and harm if they return to their home countries. Fortunately, the law offers some defenses for deportation from the United States. Understanding these defenses and hiring a California immigration attorney are important first steps to take if you are facing deportation or removal.

Denial of Charges

The US government may try to remove a noncitizen from the country for one of the following reasons:

• He or she committed a crime for which the punishment is deportation.

• He or she presents a threat to public safety.

• He or she violated the terms of his or her visa.

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 Posted on July 09, 2024 in Immigration

Trying to navigate immigration law and get a K-1 fiancé visa can feel overwhelming, especially for those who do not speak English as a first language. If you want to bring your fiancé to the United States, legal professionals like immigration lawyers can be very helpful. Lawyers will help you understand your situation and can provide detailed help. Here are three example requirements couples need to meet to receive a K-1 fiancé visa.

Demonstrating Intent to Marry

When applying for a K-1 visa, you and your fiancé must show that you truly plan to get married. This is not just a promise that you will get married. The U.S. government needs proof. You can provide:

• Written statements from both you and your fiancé expressing your intent to marry within 90 days of your fiancé arriving in the United States.

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 Posted on May 14, 2024 in Immigration

Seeking asylum in the United States is a complex yet vital process for individuals fleeing persecution in their home countries. At the forefront of this journey are specialized attorneys Ryan and Shahzeen, whose expertise in asylum law offers invaluable support to asylum seekers. Let's delve into the intricacies of asylum, its qualifications, and why having knowledgeable legal representation can be crucial.

The Essence of Asylum:

Asylum serves as a beacon of hope for individuals escaping persecution or a well-founded fear of persecution in their home countries. It provides legal protection to those who face threats based on their race, religion, nationality, membership in a particular social group, or political opinion. The asylum process is rooted in the principles of compassion, justice, and human rights.

Qualifications for Asylum:

To be eligible for asylum in the United States, individuals must meet the criteria outlined in the Immigration and Nationality Act (INA). This entails demonstrating a credible fear of persecution or harm based on one of the protected grounds mentioned earlier. Additionally, asylum seekers must typically apply for asylum within one year of their arrival in the United States, with exceptions to this rule under certain circumstances.

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 Posted on May 07, 2024 in Immigration

Are you a U.S. citizen or a green card holder eager to bring your loved ones to the land of opportunities? Sponsoring family members to the United States is a noble endeavor that can unite families and create lasting bonds. However, navigating the complex immigration process can be daunting. Fear not, for this guide aims to shed light on the essential steps and considerations for sponsoring your family members to the U.S.

1. Understand Eligibility

Before embarking on the sponsorship journey, it's crucial to understand who you can sponsor. U.S. citizens can sponsor their spouses, parents, siblings, and children (both married and unmarried). Green card holders have a more limited scope and can sponsor only their spouses and unmarried children.

2. Familiarize Yourself with the Process

The sponsorship process involves multiple steps and requires careful attention to detail. It typically begins with filing a petition  with the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, it moves to the National Visa Center (NVC) for further processing before being forwarded to the U.S. embassy or consulate in the beneficiary's home country.

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 Posted on May 01, 2024 in Immigration

A criminal background can significantly impact your immigration status and prospects, depending on various factors such as the severity of the crime,  immigration laws, and how long ago the crime was committed.

Here are some general ways a criminal background might affect immigration:

1. Inadmissibility: In the U.S., there are laws that render individuals inadmissible if they have been convicted of certain crimes. These crimes may include offenses related to drugs, violence, fraud, or crimes of moral turpitude. If you have a criminal record that falls within these categories, you may be denied entry or a visa.
2. Deportation: If you are already residing in the U.S. on a temporary visa or as a permanent resident and you commit a crime, especially a serious one, you may face deportation. Even relatively minor offenses can lead to deportation proceedings.
3. Difficulty obtaining visas or citizenship: Having a criminal record can make it challenging to obtain various types of visas or to naturalize as a citizen. Immigration authorities often consider the applicant's character and conduct, and a criminal record may raise concerns about whether the individual meets the criteria for good moral character.

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 Posted on April 23, 2024 in Immigration

Navigating immigration applications can be daunting. The complexity of immigration law often goes beyond the surface questions on forms, making it feel like solving a puzzle to gather the right supporting documents. Here are some tips to help you tackle the process successfully:

1. Grasp Eligibility Guidelines: Get acquainted with the specific eligibility criteria for your chosen immigration program. Make sure you meet all requirements, including language proficiency and educational qualifications, as specified by immigration authorities.
2. Precision in Form Completion: Fill out all application forms accurately and comprehensively. Even minor errors could result in delays or rejection, so attention to detail is crucial.
3. Authentic Document Submission: Provide genuine and complete documents, such as identification, educational certificates, and financial records. Falsified or incomplete documentation can have serious consequences.

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 Posted on April 16, 2024 in Immigration

If you're considering seeking asylum in the United States, it's important to grasp the significance of the asylum one-year deadline. This rule requires individuals to apply for asylum within one year of entering the country. Even if you have a valid visa, like a tourist or student visa, you still need to apply for asylum within a year after your visa expires. However, the one-year deadline only  applies to asylum applications and not for withholding of removal relief under the Conventions Against Torture (CAT

Although you risk being deported if you do not meet the deadline, it does not mean you are automatically disqualified. There are two exceptions: the "extraordinary circumstances" and the "changed circumstances" exceptions. These exceptions allow you to apply after the deadline if you can show valid reasons, like significant changes in your home country or personal life.

Changed circumstances could include things like new laws in your home country that threaten your safety, or changes in your personal situation, like becoming politically active or experiencing a change in your sexual orientation.

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