Author Archives: Jay Butchko
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 »
Court Says Government Overstepped its Powers in Suspending Visas
When it comes to immigration policies, the President has broad power. Immigration is considered a matter of national security, which falls right in line with the duties of the President and the executive branch. But at least one court has recently put a check on those powers—at least when it comes to a recently… Read More »
212(h) Waivers for Immigrants Convicted of Certain Crimes
We have written in the past about the many kinds of crimes that can keep immigrants from obtaining important visas, green cards or other documentation. However, many are not aware that in very limited circumstances, there are waivers for people who have been convicted of certain crimes, which can allow them to remain in… Read More »
ICE is Back to Arresting Immigrants Again
With news of the coronavirus dominating the news cycle, the news of immigration raids and arrests have gone by the wayside. But that doesn’t mean these kinds of enforcement actions aren’t still happening. In fact, immigration agencies recently conducted a series of raids and arrests on immigrants. And while many of the immigrants had… Read More »
Students in Online Schools Told to Leave-Then Are Told They Can Stay
It was a frightening week for students who are in the country on what are known as M1 and F1 Visas. It seemed like these students would face deportation, before the government reversed course, and changed its mind. Student Visas Many people from other countries come to America to study at U.S. educational institutions…. Read More »
