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Immigration Law Blog

DACA Eligibility

DACA Eligibility

There are a lot of questions that people have about Deferred Action for Childhood Arrivals. With the new administration, immigration restrictions have come to light and DACA has been called into question on numerous occasions but as of now, it is still in place.

You will have to meet certain qualifications in order to determine if you are eligible for DACA. The qualifications are as follows:

  • You must have been under the age of 31 on June 15, 2012
  • You were already in the United States prior to turning 16 years old
  • You must have lived in the United States since at least June 15, 2007, and must still reside here

In addition to these age and residency requirements, you must currently be in school or be an honorably discharged veteran of the United States military. If you have been convicted of a felony, a serious misdemeanor, or have had 3+ misdemeanors, you will not be eligible for the DACA program. You will have to request consideration of DACA before anything else, using Form I-821D.

It is important that you consult with an experienced immigration attorney who can help you determine if you are eligible for DACA. If you do not meet the requirements to apply for DACA, an attorney can help you work towards becoming a lawful resident and obtain a Green Card, if you are eligible.

If you have questions about your DACA eligibility or about any other immigration related matters, contact the Sesini Law Group, S.C. today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

What can I expect after arriving in the U.S.?

What can I expect after arriving in the U.S.?

Moving to a new place can be overwhelming, especially when that new place is a completely different country that you may have never been in before. If you are immigrating to the United States as a lawful permanent resident, it is important that you have an idea of what to expect. Hopefully, you have prepared for your move into the country by securing housing, employment, learning some basic English, and other things that may make your transition into your new life a little easier.

First, you should be sure that you have your immigration Visa Packet prepared by the time you get to the Port of Entry into the United States. Once you do that, granted everything goes as planned, you will be officially admitted into the United States as a legal permanent resident. All lawful permanent residents will need to obtain their Green Card.

When you go to get your Green Card, the USCIS will have to determine whether you have paid the Immigrant fee. Most people will make the decision to pay this fee as soon as they receive their Immigrant Visa Packet before they come to the United States. There may be some situations that would exempt you from paying this fee, which may include those who are children who enter the United States upon being adopted by a U.S. Citizen or a permanent resident, K-Visa holders, special Iraqi and Afghan immigrants, and those who are returning permanent residents.

If you have questions about what you should do first upon entering the United States or whether you may be exempt from a fee, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

Green Card Replacement Goes Mobile

Green Card Replacement Goes Mobile

All permanent residents in the United States know how essential it is for them to have their Green Card on hand at all times. If something happens in which you misplace your Green Card or it gets stolen, you should get it replaced as soon as possible. The United States Citizenship and Immigration Services has created a mobile app that makes it easy for individuals who need to replace their Green Card to do so from their phone.

The app will allow users to easily file Form I-90. Not only can they file the form directly from their phones, they will also be able to submit any evidence that the USCIS requests for this form. So, for example, if you needed to submit some form of government issued identification, you can take a picture of it on your phone and upload it to the mobile app. Users will also be able to track the progress of their request on the app.

It is important to be aware that this is obviously only applicable to lawful permanent residents who make the decision to file Form I-90 online. through their myUSCIS account. The login information you create on for this account will be necessary in order to fill out the form via the mobile app.

If you have any questions about obtaining a Green Card, contact an experienced attorney today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

15,000 additional H-2B workers for 2017

15,000 additional H-2B workers for 2017

Due to a dangerous shortage of willing and able U.S. temporary agricultural workers, the Department of Homeland Security has made the decision to allow an additional 15,000 foreign nationals to come to the United States on an H-2B visa. Each year, the USCIS accepts 66,000 foreign nationals for H-2B visas, but due to the negative impacts that businesses are experiencing this year, it has been increased. It is important to note that if you are interested in applying for this visa, you must do so through September 30, 2017. This is because the additional 15,000 visas are only for the Fiscal Year of 2017, which happens to end on September 30, 2017.

There are a number of eligibility requirements that a person must meet in order to determine whether they may be eligible to obtain an H-2B visa. In order for a business to petition, they must be able to prove that if they are not granted additional H-2B workers, they are going to suffer serious permanent financial loss. A business must have looked for U.S. workers before June 1, 2017. In addition, the business must be able to meet other requirements to be eligible for an H-2B. This includes being granted a temporary labor certification from the Department of Labor.

The filing deadline for all of the petitions is  September 15, 2017. If there are petitions that haven’t been approved prior to the end of Fiscal Year 2017, they will be denied without filing fee refund. If you have questions about the additional H-2B visas, you should consult with an experienced immigration attorney who can provide you with assistance.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

What is the Recognition & Accreditation Program?

What is the Recognition & Accreditation Program?

The Executive Office for Immigration Review has implemented a program known as the Recognition and Accreditation Program that aims to assist those who have to go before the Department of Homeland Security for immigration matters.

These individuals can be represented by a certified non-lawyer who represents them in a hearing on behalf of an organization. The two types of accreditation include partial and full. Partial accredited representatives are only permitted to represent noncitizen immigrants in front of the Department of Homeland Security, while those who are fully accredited can represent noncitizen individuals before not only the Department of Homeland Security, but also the Executive Office for Immigration Review and the Board of Immigration Appeals.

In order for an organization to be considered to have non-attorney representatives assist noncitizens in hearings, the organization must be able to prove that it has federal tax-exempt status, serves low-income individuals, have at least one volunteer or employee approved as a representative, have experience with immigration law and related proceedings, and have an authorized officer who will act on their behalf.

It is important that noncitizens who have been called before the Department of Homeland Security, the Executive Office for Immigration Review, or the Board of Immigration Appeals have appropriate representation. If you need assistance, contact an experienced immigration attorney to discuss the circumstances surrounding your situation and help you work towards a favorable outcome.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

TPS for Haitians Extended

TPS for Haitians Extended

The United States Citizenship and Immigration Services announced that they will be extending Temporary Protected Status for Haitian nationals in the United States. The initial protected status was set to expire this month, but in May, the decision was made to extend the protection until January 22, 2018. It is important to know that if you have been impacted by an extension in your protection status, you should see how it will impact you. In order to benefit from this extension, you must register to have your protection extended by July 24, 2017. If not, you may lose your protected status. If eligible, you will be required to re-register with the USCIS and request a new Employment Authorization Document.

Temporary Protected Status is granted to individuals from countries that are experiencing difficult or dangerous situations, such as civil war, health epidemic, environmental disaster, or other factors that may prevent these nationals from returning home safely. Haiti was granted Temporary Protected Status after the 2010 earthquake that devastated the nation.

In order to successfully re-register, you will have to submit Form I-821 and Form I-765, as well as the fees associated with each form unless you have a fee waiver. It is essential to complete the re-registration steps before July 24, 2017, so contact an experienced immigration attorney if you need any assistance.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

Supreme Court allows parts of Travel Ban

Supreme Court allows parts of Travel Ban

Earlier this year, President Trump issued a highly contested executive order regarding a travel ban that would not allow foreign nationals from six countries to enter the United States. These countries included Yemen, Syria, Sudan, Somalia, Iraq, Iran, and Libya. The travel ban was challenged in several situations and was eventually revoked, only to be replaced with a second order a few months later. The revised second Executive Order was also blocked by courts, which would ban the entrance of travelers from the previously mentioned countries for 90 days and also ban all refugees from coming into the United States for 120 days.

This week, the Supreme Court has announced that it will allow parts of the travel ban to go into effect and the case will be heard by Supreme Court Justices this fall. This ruling will prohibit foreign nationals from those 6 countries to enter the United Staes if they do not have any close family members here, have no business ties, or have never been to this country before. However, those with close family or business ties may still apply for travel visas while the case is heard.

Our firm is dedicated to maintaining an awareness of the changing policies during this tumultuous time and is a committed legal resource for those with questions on the new laws. We will be closely monitoring the Supreme Court’s decision. If you have questions about how the travel ban may impact you, contact an experienced immigration attorney today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

How do I change my status from asylee to permanent resident?

How do I change my status from asylee to permanent resident?

A person who is in the United States on asylum may wonder what their options are when they want to become a permanent resident. In order to do so, they will have to meet a number of qualifications that would allow them to adjust their status. There are four requirements that the asylee must meet.

First, the asylee needs to be physically present in the country for a minimum of one year after the date you have entered for asylum. In addition, they must still meet the qualifications to be considered an asylee. This means that the individual must be in jeopardy of persecution in their home country based on religion, political opinion, race, nationality, or their membership in certain social groups.  The individual is not permitted to resettle in another country if they want to be considered for an adjustment of status. Finally, the asylee must be admissible to the U.S. as an immigrant when they are considered for a status adjustment.

In the event that the individual no longer meets the requirements to be considered a refugee, they can’t apply for an adjustment of status as an asylee. In most cases, an officer won’t reinstate the asylum claim. If the person was granted asylum but did not actually qualify as a refugee at the time they were granted asylum anyway, the officer may refer their case to an immigration judge for their status to be terminated.

If you have questions about seeking asylum or adjusting your status, contact an experienced immigration law attorney today who can provide you with assistance.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

Are Customs and Border Protection Officers allowed to use force?

Are Customs and Border Protection Officers allowed to use force?

One concern that many people unfortunately have today is whether the Customs and Border Protection Officers and agents are permitted to use force if a situation escalates. It is important that people know their rights if faced with a confrontation going through customs when entering the United States. Hopefully, no one is faced with this issue, but it is better to be prepared in the event that things get out of hand.

A CPB Officer is permitted to use reasonable force if it is necessary to complete their job. To determine whether the use of force would be considered reasonable, they will consider whether there was an “imminent threat” to the safety of a CPB officer, the risk of injury to others, whether the person actively resisted arrest, as well as a number of other circumstances. The only times in which a CPB officer is permitted to use “deadly force” is if the subject of the force is legitimately attempting to put an officer in jeopardy of serious injury or death. If any object is thrown at an officer, they are not permitted to use their firearms in response.

Hopefully a situation this serious would never come to light but with the world in the state it is in, it is always better to make sure you are informed. Any issue when coming through Customs and Border Protection should be resolved in a peaceful manner and should never result in a violent act by either party. If you have questions regarding the process of going through customs or a border, contact an experienced immigration attorney today for assistance.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

How does a lawful permanent resident get a reentry permit?

How does a lawful permanent resident get a reentry permit?

One question that many permanent residents have is in regards to whether they can leave the United States without violating the terms of their residency and making sure they can properly reenter the United States at the end of their trip. In order to understand how you can enter the United States, it is important to understand what happens if you violate your lawful permanent residency upon leaving.

It is important to be aware that you may put your status as a permanent resident in jeopardy if you violate the terms of traveling. If you leave the United States for one year or longer, you will not be eligible to reenter the country. In addition, your status as a permanent resident may be considered “abandoned” if you leave for less than a year but become a resident of another country.

These issues can be avoided by obtaining a reentry permit. A permit of this sort shows that although you are leaving the Untied States for up to two years, you do not intend to abandon your status as a permanent resident. If you do not have a passport from your home country, you may want to consider obtaining a reentry permit. A reentry permit is generally valid for two years from the date in which it was issued to you.

If you are a lawful permanent resident and have questions about traveling outside of the United States, it is important that you consult with an experienced attorney who can assess the circumstances surrounding your case and provide you with assistance.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

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