A deportation order is a final decision by the Immigration Court. A deportation order can be stipulated to by the parties. Generally, a deportation order is only stipulated to when the alien does not have any options available to prevent deportation (cancellation, suspension, adjustment, asylum or waiver). When a deportation order is issued by the court the alien has a small window of time to leave the country (the same day or shortly thereafter).
If an alien is ordered departed there are a number of consequences. The alien is not able to request certain forms of relief in the future. If the alien fails to depart in the required time period they will be deported from the United States whenever picked up and they will be unable to file for relief. If the alien does leave the United States and then reenters the U.S. they will face potential federal prison time. This is a serious issue and you do not want to go to prison for entering the United States illegally.
A deportation order is a serious order from the court and an alien should do everything possible to avoid this outcome. However, certain aliens will not be able to seek relief for a number of reasons (prior crimes, prior deportations, lack of equity in the United States, etc.)
Tuesday, June 22, 2010
Monday, June 14, 2010
Extended Family members
Extended family members can be very important for immigration purposes. An extended family can help an individual immigrate to the United States because they are able to financially support the immigrant. For example, if your petitioning family member cannot support you according to the immigration requirements, you may be able to get other family members (aunt, uncle, cousins, etc.) to sign an affidavit of support as well. Family members can useful as well in providing documentation or other information that may be requested by the immigration services (photos, letters, information about home country, etc.)
One of biggest problems (or a benefit depending on your perspective) under the immigration law is that US Citizens or Lawful Permanent Residents are unable to petition for certain relatives. Under the current immigration code a US Citizen can petition for mother, father, brother, sister, son, daughter, minor children, or spouse. A lawful permanent resident can petition for spouse, unmarried son and daughter and minor children. What this means is that a US citizen or lawful permanent cannot petition for extended family members such as nephews, nieces, cousins or aunts/uncles.
What you can do is get a temporary visa for them or help them get a labor certificate, which would allows them to come to the United States legally.
One of biggest problems (or a benefit depending on your perspective) under the immigration law is that US Citizens or Lawful Permanent Residents are unable to petition for certain relatives. Under the current immigration code a US Citizen can petition for mother, father, brother, sister, son, daughter, minor children, or spouse. A lawful permanent resident can petition for spouse, unmarried son and daughter and minor children. What this means is that a US citizen or lawful permanent cannot petition for extended family members such as nephews, nieces, cousins or aunts/uncles.
What you can do is get a temporary visa for them or help them get a labor certificate, which would allows them to come to the United States legally.
Labels:
extended family,
LPR,
neice,
nephew,
USC,
visa types
Wednesday, June 2, 2010
Visa Bulletin for June 2010
In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 08 November 2004, 08 November 2004, 08 November 2004, 22 October 1992, 15 March 1995, and 08 November 2004 for the following areas China, Dominican Republic, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 January 2008, 01 December 2006, 01 January 2008, 01 December 2006, o1 January 2008, 01 January 2008 for the following areas; China, Dominican Republic India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 15 November 2002, 01 July 2002, 15 November 2002, 15 June 1992, 08 March 1999, 15 November 2002 for the following areas; China, Dominican Republic India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 22 June 2001, 22 June 2001, 22 June 2001, 22 October 1992, 22 May 1992 and 22 June 2001 for the following areas; China, Dominican Republic India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 01 September 2000, 01 September 2000, 01 September 2000, 08 December 1995, 01 April 1988, 01 September 2000 for the following areas; China, Dominican Republic, India, Mexico, Philippines, all other areas respectively.
The employment based Visas can be broken down as follows.
1st preference - current for all areas.
2nd preference - current for Mexico, Philippines, Dominican Republic, all other areas. 22 November 2005 and 01 February 2005 for China and India respectively
3rd preference - 22 June 2003, 22 June 2003 , 01 October 2001, unavailable, 22 June 2003 , 22 June 23, for the following areas; all other areas, China, India, Mexico, Philippines, Dominican Republic.
4th preference - current for all areas
5th preference - current
The Diversity immigrant visa lottery is broken down as follows for November 2009.
Africa 45,600 (Except for Egypt[24,000], Ethiopia[25,100], and Nigeria[17,500])
Asia 19,550
Europe 31,000
North America 4
Oceania 1,175
South America and the Caribbean 1,300
The employment based Visas can be broken down as follows.
1st preference - current for all areas.
2nd preference - current for Mexico, Philippines, Dominican Republic, all other areas. 22 November 2005 and 01 February 2005 for China and India respectively
3rd preference - 22 June 2003, 22 June 2003 , 01 October 2001, unavailable, 22 June 2003 , 22 June 23, for the following areas; all other areas, China, India, Mexico, Philippines, Dominican Republic.
4th preference - current for all areas
5th preference - current
The Diversity immigrant visa lottery is broken down as follows for November 2009.
Africa 45,600 (Except for Egypt[24,000], Ethiopia[25,100], and Nigeria[17,500])
Asia 19,550
Europe 31,000
North America 4
Oceania 1,175
South America and the Caribbean 1,300
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