Author Archives: Jay Butchko
Changes To Immigration Laws Are Coming-But They Could Take Awhile
With a new presidential administration, come potential new changes in immigration laws. Although none of these changes are actually law yet, the mere fact that they are being spoken about is a positive sign. Pathways to Citizenship The new administration intends to pass laws that provide a pathway to citizenship for those who are… Read More »
H-2A Visa Agricultural Workers Sustain Horrific Abuse, Study Finds
A recent report where researchers interviewed 100 workers across Mexico who had come to the U.S. on H-2A visas, reveals a pattern and practice of harassment, sexual abuse, discrimination, health and safety violations, and how the circumstances of their work expose these workers to COVID-19. About 94% of the polled workers experienced three or… Read More »
How Do Restraining Orders Affect Immigration Status?
With many immigration applications—and as a requirement to remain in the country no matter how you may be here—good moral character is a requirement to getting into, or remaining in the country. Many people are aware that drug crimes, sex crimes, murder, or theft, can lead to an application for a green card or… Read More »
Fiance Visas, and Getting One if Your Marriage Doesn’t Happen
We often hear about marriage visas, and discuss how getting married to a U.S. citizen can provide a path to legally coming into, or remaining, in the United States. However, the marriage visa is for those who are already married. The K-1 visa is for those who anticipate getting married, hence its name, often… Read More »
Don’t Confuse Physical Presence and Continuous Residence
The all important process of naturalization has a requirement that sounds obvious, but which may not always be: The requirement of physical presence in the country. Many people overlook this important requirement, but doing so could risk your ability to become a naturalized citizen. Physical Presence To become fully naturalized—that is, to become a… Read More »
What is Marriage Fraud?
Many people already know that in keeping with the policy of keeping families together, it is easier to get into, and remain inside the country, by marriage. Unfortunately, many people take advantage of this policy, and if you choose to be one of them, you could end up being accused of marriage fraud (which… Read More »
What is Temporary Protected Status?
As a general rule, our country lets people into the country on an emergency basis if the person comes from a country where their life is in danger, or where, in their home state, they would be subject to persecution, violence, or some other serious and negative consequence. But the world changes, and it… Read More »
The U.S. Naturalization Test is Getting Harder
Among the requirements to go from a green card holder to citizenship, the requirement that someone take and pass a citizenship should be one of the easier requirements. The government gives applicants a booklet containing possible topics and questions, and in the end, the test is objective-you either pass or you don’t. But that’s… Read More »
Getting Labor Certification and a Green Card Through an Employer
Let’s assume that a company wants to hire a foreign worker, as so many U.S. companies do, and the company wants to hire that worker permanently. However, the company cannot hire someone, always wondering if they will be deported, or wondering what their immigration status is. That’s why the law allows an employer to… Read More »
What Happens When You are Ordered to Return to Your Home Country
An order of removal can be terrifying. You have been ordered by a court to return to your home country, and must prepare for the prospect of leaving the life you know here in the United States. Here’s what happens if you are the subject of a removal notice. The Right to Appeal First,… Read More »
