Recent Blog Posts

Removal and Arriving Alien

Steve Young — Tue, 15 May 2012 17:40:00 GMT

Reently the U.S. Supreme Court ruled that a long time Legal Permanent resident who takes a short innocent trip out of the county should not be considered as requesting admission upon their return to the U.S. This is very inportant to those LPRs who may have a conviction for a crime involving moral turpitude prior to April 1997.

This decision by the Supreme Court may lead to significant changes in the way returning aliens are treated at the border after being away for short periods of time. No longer should aliens be treated as arriving aliens and therfore should not be deemed as "inadmissable" due to some prior convictions.

Even if the original charge may be also be able to be classified as a deportable crime it may allow the alien to post bond and contest the charges as a non-dentained alien instead of not being allowed bond as an arriving alien.

We at the S.A. Young Law Firm, P.A. would be happy to talk with you if you are currently in removal proceedings to see if this development can help in your case.

Legal Permanent Resident Status

Steve Young — Thu, 22 Dec 2011 20:52:00 GMT

Family Based Green Card

A US citizen's spouse, unmarried children under the age of 21, and parents are referred to as "Immediate Relatives". The other relatives of US citizens - unmarried children over the age of 21, married children of any age and siblings (when the US citizen sponsor is above the age of 21) all fall under what is referred to as the "family preference category".

Getting a green card as an immediate family member is one of the simplest ways since the process involved is straightforward and less time consuming. As soon as a petition by the US citizen sponsor made on Form I-130 with the USCIS is approved, a visa number is available and the beneficiary can apply for a green card. Persons in the preference categories have to wait for a visa number to become available, which happens only when their priority date becomes current. The priority date is the date on which the sponsor filed the petition for family green card. The status of the priority date can be checked on the visa bulletin that is issued monthly by the Department of State.

You may still be able to Adjust your status, even if you entered illegally, if certain applications were previously filed on your behalf.

Contact the S.A. Young Law Firm, P.A. today to discuss your situation and maye we can help obtain your goal of obtaining Legal Permanent Resident status here in the U.S.

Fiance Visa

Steve Young — Fri, 28 Oct 2011 19:18:00 GMT

The fiancé(e) visa is used by U.S. citizens to get their fiancé(e)s to the U.S. Only a U.S. citizen can petition the USCIS for a fiancé(e) visa. Once the USCIS approves the petition, the American Consulate in the country of the foreign fiancé(e) is intimated. The fiancé(e) is then called for an interview and if all goes well a fiancé(e) visa, also known as a K-1 visa, is issued.

The fiancé(e) visa is valid for 6 months and the foreign fiancé(e) then has to enter the U.S. while the visa is valid. From the date of entry, the U.S. citizen petitioner and the fiancé(e) have 90 days within which to get married. If the marriage does not take place, the fiancé(e) will have to leave the country.

Once the marriage takes place, the foreign spouse can apply to adjust status to that of a permanent resident. On approval, the spouse is given a conditional green card which is valid for two years. During the 90 days prior to the expiration of the conditional resident card, the couple will have to jointly file a petition, on Form I-751, to have the conditions on residence removed. When this petition is approved, the beneficiary gets a permanent resident card which is valid for 10 years. After 3 years as a green card holder (the two years as conditional resident included), it is possible to apply for naturalization.

Cancellation of Removal

Steve Young — Wed, 19 Oct 2011 18:15:00 GMT

Foreign Nationals placed into Removal/Deportation proceedings can face a very difficult and stressful time. Many immigrants mistakenly believe that once removal proceedings begin, they have no choice but to accept the government’s offer of voluntary departure or voluntary deportation. In many cases, an experienced immigration attorney can take action to prevent or delay deportation, allowing the immigrant to stay and fight his or her case.

Avoiding deportation and removal actions can be extremely complex and should not be attemtped alone. The government will be represented by its own attorney, so you should be sure that you have a strong advocate on your side who will fight to protect your interests. Remember, there is no right to court-appointed counsel in immigration proceedings (as there is in criminal proceedings), and so it is up to you to find and retain your own immigration attorney.

Depending on the facts of your individual case, there are any number of strategies that can be used as a defense against deportation. An experienced immigration attorney can help you to understand the charges against you and develop an effective defense to deportation. In cases where detention issues may be involved, it is especially important to act quickly to protect your rights and to ensure that your detained family member does not become discouraged.

In appropriate circumstances, if you have family members who are dependent on you being in the country, there may be an opportunity to apply for cancellation of removal, allowing you to stay due to the hardship deportation would bring to your family. We may also be able to request adjustment of status for you based on your relationship to qualifying US citizen family members.

Obtaining legal representation quickly is very important in this types of cases. Contact us at the S.A. YOUNG LAW FIRM, P.A., for a free consultation and let us fight to keep you or your loved one here in this country.

Bringing your Fiance to the U.S.

Orlando Immigration Lawyer — Wed, 29 Jun 2011 20:02:00 GMT

Often a U.S. citizen meets and falls in love with a foreign national and wants to bring him/her here to the U.S. This process can be cumbersome and confusing at best. As anyone who has ever had dealings with Immigration officials can attest, it is always better and easier to do it right the first time than to try to correct, if submitted in error.

There are several requirements the U.S. citizen must meet in order to bring the Foreign national to this country. First, the parties have met in person within the past two years in order to qualify for the K-1 Fiance Visa. While there are certain exceptions to this requirement it is not always easy to convince USCIS that this exemption is warranted. Additionally, both parts must provide any final orders granting them a divorce if either has previously been married. Without this the parties cannot show they are legally eligible to marry.

Other requirements include the need to show your intention is to actually marry the foreign national, if they are allowed to entry the U.S. for that purpose. Other supporting documents include such items as photos of the couple, receipts for engagement rings or plane tickets to confirm the U.S. citizen has been to the foreign national country so that a meeting was possible

Once the initial Fiance petition is approved by USCIS the file is transferred to the National Visa Center for further processing. At this point, additional documents, including the Visa Application, are submitted for review and transfer to the consulate in the foreign nationals home country.

An interview is scheduled and additional documents are submitted at the time of the interview. Once the K-1 visa is approved the foreign national usually has six months to entry the U.S.

Once in this country the marriage must take place within 90 days or the foreign national must leave the U.S. Once married the foreign national must file for Adjustment of Status in order to receive the status of Legal Permanent Resident.

As stated eariler, it is better to do it right the first time so alwasy consult with an experience immigration attorney when attemtping this process. The S.A. Young Law Firm, P.A. has successfully united numerous couples through this process and would be happy to help you with yours.

Applying for a Student Visa

Orlando Immigration Attorney — Thu, 28 Apr 2011 22:45:00 GMT

Are you interested in coming to America as a full-time student? You will need a student visa. There are two key types of student visas in the U.S.:

F-1 Student Visa (Academic Student Visa) - allows you to enter the U.S. as a full-time student at an accredited academic institution or at a language training program authorized to accept international students, which culminates in a degree, certificate or diploma.
M-1 Student Visa (Vocational Student Visa) - allows you to enter the U.S. as a full-time student at a vocational or other non-academic program, relating to education provided for a specific job or career.

To qualify in either category, you must meet specific criteria. The school must be approved by USCIS (United States Citizen and Immigration Services), you must be enrolled as a full-time student at the school, you must be proficient in English or must be enrolled in courses that will lead to proficiency, you must have enough money to support yourself while a full-time student, for the entire proposed course of study, and you must maintain a residence outside of the U.S. that you do not intend to give up.

Find out more about applying for an F-1 or M-1 student visa - contact an Orlando immigration lawyer at our law offices for a confidential consultation.

Green Card Information

Orlando Immigration Attorney — Thu, 14 Apr 2011 22:45:00 GMT

A green card (formally referred to as a Permanent Resident Card) is evidence of a person's status as a legal permanent resident in the United States. It also serves to show that your registration is in accordance with immigration laws. A person with a valid green card has the right to live and work in the U.S. on a permanent basis. You are required to carry this card with you at all times.

A person may apply for a green card based upon different factors. A family member may petition for you, you may be able to apply for permanent residence through your job or after being granted refugee or asylum. There are also other ways that you may be eligible to apply, but the circumstances may vary and therefore it is important to review the matter with an attorney who can offer advice and guidance based upon your unique situation.

Delays, ever-changing laws and complex legal matters can make applying for a green card a difficult process. That is why we recommend working with an attorney who is experienced in the field of immigration law. With the proper experience and resources, a lawyer can properly file your application and all necessary paperwork and information and can help you if any issues arise that need to be addressed.

Contact an Orlando immigration lawyer at the S.A. Young Law Firm today to learn more about applying for permanent residence.

Filing an Application for Asylum

Orlando Immigration Lawyer — Thu, 31 Mar 2011 22:45:00 GMT

People come to the U.S. every year seeking protection from persecution in their home countries due to race, religion, political opinion, nationality or membership in a specific social group. Asylum grants these people the ability to live and work in the United States so they do not have to return to their homeland.

A person may file an application for asylum in one of two ways. The affirmative asylum process involves applying for asylum while one is already in the U.S., within one year or arrival. This is accomplished by submitting Form I-589, Application for Asylum and for Withholding of Removal to United States Citizen and Immigration Services (USCIS). The defensive asylum process involves seeking asylum as a defense against deportation or removal proceedings.

In either event, it is helpful to work with an attorney who can determine what course of action applies to your case. A legal professional can also advise you of whether you may be eligible. For example, maybe you have been in the U.S. for more than one year but circumstances at home have changed and now you may be at risk of persecution if you return. You may still be able to apply for asylum in this case, and your lawyer can help gather sufficient proof to help ensure your application is approved.

Contact an Orlando immigration attorney at our firm today to see if you may qualify for asylum and to find out how we can help you with this.

Why do I need a lawyer?

Orlando Immigration Lawyer — Thu, 17 Mar 2011 22:40:00 GMT

Do I need a lawyer? This is an important question to ask if you are considering applying for a visa, citizenship or are dealing with any other type of immigration-related matter. You are not required to hire an attorney in these situations, but there are a number of key benefits to working with a lawyer.

Immigration matters are highly complex. They are also based upon a set of laws and procedures that are continually changing. Even small changes may affect whether an application is approved or denied, and it is virtually impossible for someone who does not dedicate his or her entire career to this subject to remain abreast of these matters. An experienced immigration attorney should remain up-to-date regarding all of the various laws and proceedings in this field.

In addition to assisting you in properly filing all of your paperwork and all other information with the appropriate agency, a lawyer can protect your rights and interests if any issue arises. This can help you avoid unnecessary delays or a denial that crushes your dreams of living and working in the United States.

For a confidential review of your case and to learn more about our firm's services, please contact an Orlando immigration attorney at the S.A. Young Law Firm today.

Naturalization

Orlando Immigration Lawyer — Tue, 01 Mar 2011 20:10:00 GMT

Often many Legal Permanent Residents neglect to take that next step of obtaining citizenship trough naturalization. Thise can be for many different reasons and are often related to the simple fact of lack of money or not having a complete understanding of the procedures involved. While finances are certainly important in today's economy the cost of not moving forward with becoming a U.S. citizen can be even more staggering.

Until you become a U.S. citizen you will always face to potential risk of being removed from this country and returned to your orignal home country. This can the result of something that begins as minor as an argument with your spouse to any number of criminal violations that appear to be insignificant.

Legal issues that are otherwise minor can have devastating consequences on a non-citizen and could result in being detained, placed into removal proceedings and eventually long-term or even permanent separation from your family and loved ones.

While there are certainly valid reasons for not applying for naturalization any decision to not take that next step should be carefully considered and not just ignored. If you have any quesitons about the process feel free to contact me for additional information and guidance

Fiance' Visas

Orlando Immigration Lawyer — Fri, 05 Nov 2010 17:38:00 GMT

Bringing your Fiance' to this country should be an exciting time for both of you but the web of regulations and requirements ccn be burdensome and confusing. If not done correctly it can lead to denial or lengthy separations.

It is always better to utilize someone familiar with the process to help you obtain your goal of bringing your loved one to this country. we at the S.A. YOUNG LAW FIRM, P.A. has successfully assisted numerous clients in obtaining this visa and would be happy to help you as well.

Welcome to our new Immigration Blog!

S.A. Young Law — Fri, 24 Sep 2010 17:11:00 GMT

Welcome to our new Immigration Blog! Please check back soon for updates!