The assault on immigrants in the United States keeps coming from the Trump administration. From ramping up deportations to rescinding DACA, immigrants in this country live in constant fear. Now, thanks to a new announcement from the Department of Homeland Security, there is a plan to deny future immigrants of their ability to get green cards or visas.

Why? What is there reasoning?.

They are going to be taking a closer look at immigrants who use food stamps, welfare, housing vouchers, or Medicaid.

What the government is saying is that “If you need help for your family, don’t come here.”

They are citing the longstanding federal law that says those seeking to immigrate to the US must show they can support themselves financially.

They have even said this proposal could apply to people who already have lawful permanent residence if they leave the country and return.

At Familia America , we believe that these proposals are inhumane and just another way to deter those who are seeking asylum from coming for help.

Why They Come

Many have called them criminals, but we know that is not the reality. Just because a crime is committed in a neighborhood does not make the entire community criminals. By applying this kind of logic to the entire immigrant community, politicians have managed to alienate them. They have chanted about building a wall instead of helping build better lives.

Most of the people who come here are looking for a better life for their families. What has been largely ignored is the fact that those seeking to cross the border are doing so because they have no other options. Their families, their children, have been threatened.

Yes, there are an estimated 11 million undocumented immigrants in the US, but it is important to remember that around 8 million of them are actively contributing to the tax base. They hold jobs and support their families.

And yes, sometimes they need some assistance, just like many people in this country.

The United States was not built on the idea of serving only a select few. It has always been a country that opens its arms to those in need.

What You Can Do

At Familia America, we understand the challenges that immigrants face when they come to this country. Often, half of a family is already legally here and the other half is desperately trying for the same thing. We know that the last few years have not been easy, but we still believe in the law. We believe in human rights.

When you need an immigration attorney in Salt Lake City , you can contact us by clicking here or calling 801-656-9605 for a consultation. We will work with you to get a green card , citizenship, or help get family members here with you. There is no reason that receiving social assistance should disqualify anyone from obtaining legal, documented status here. Let us help you so you can rest easier.

The post Immigrants On Welfare Can’t Apply For Visas? appeared first on Immigration Attorney Salt Lake City | Familia America.

Being a victim of domestic abuse is tough enough. What happens when you’re a foreign national being abused by an American citizen? While you may be afraid of losing the possibility of citizenship, you shouldn’t be. As an abused spouse, you have options to receive a green card without the help of your abuser by contacting a green card attorney in Salt Lake City.

If you’re a battered spouse, parent, or child of a US Citizen, you can self-petition for an immigrant visa based on the Violence Against Women Act amendment to the Immigration and Nationality Act. Your abuser doesn’t need to know you applied, and if your petition is approved, you might be able to file for a green card on your own.

As the spouse of a United States citizen, if you are a victim of emotional, physical, or verbal abuse, you may be eligible to apply for your green card without your spouse by filing an I-360 petition under the Violence Against Women Act, or VAWA. Once that’s been approved, you will be allowed to file for permanent residency. It doesn’t matter whether you’re a man or a woman. The VAWA petition is available for abused spouses regardless of gender.

Often in a marriage between a US Citizen and a foreign national, the couple will start the adjustment of status process to make the foreign spouse a permanent resident. Or, they may start consular processing if the beneficiary still lives abroad. When a marriage becomes abusive, it may lead to a separation before the green card process is finished.

Because the victims are afraid of interfering with their immigration status , they will sometimes stay in the relationship despite the abuse, but you should know there’s help available. United States law enforcement will always be on your side and with proper documentation, you can achieve citizenship on your own with the help of a green card attorney in Salt Lake City .

If you’ve started the process to receive your green card or have filed the I-130 petition, you can leave the marriage without penalty. Simply ask your immigration officer to hold your adjustment of status petition in abeyance while you wait for your I-360 petition to be approved.

To be eligible for citizenship under the I-130 petition, you must meet three requirements. The first is that your marriage must be bona fide. You cannot have entered into it simply to obtain a green card. Second, you must have suffered mental, emotional, or physical abuse at the hands of your spouse, and you must have evidence in the form of psychological evaluations, police reports, or affidavits from friends or other witnesses. Lastly, you must have good moral character, with a history of no criminal convictions.

You may file an I-360 petition in the following situations: if you’ve been abused or suffered extreme cruelty by a US citizen parent, a US citizen former or current spouse, a US citizen daughter or son, a lawful permanent resident parent, or a lawful permanent resident current or former spouse.

If you’re being abused in a relationship with a US citizen or lawful resident, you have programs available to you that could help. By filing a self-petition for the I-360 application, you can obtain a green card under the VAWA program no matter your gender. Don’t be afraid to leave your spouse and live a better life. When you’re ready, contact a green card attorney in Salt Lake City at Familia America Immigration . We’ll help guide you towards a brighter tomorrow.

The post How to Self-Petition for a Green Card as a Victim of Domestic Abuse appeared first on Immigration Attorney Salt Lake City | Familia America.

We know the current political climate is not welcoming of immigrants into this country. The usual propaganda is “why don’t you just come here legally?” or “If you didn’t file the paperwork right then why do you get the benefits?”. For those of us who work in immigration law, we know that this propaganda is a false narrative. We know that it is hard for people to gain citizenship in this country. We know that there are so many factors that get in the way of “getting the paperwork right” and how hard it is to just “come here legally”.

For example, Jesus Lara Lopez was a father of four who lived in Ohio. He was deported recently back to Mexico. During his 16 years in the US Lopez was sure to attend ICE “check-ins” in order to renew work permits every year. Lopez came to the United States for a better work opportunity and sacrificed himself to make a better life for his four children. There was no way for Lopez to enter and stay in the United States legally either when he arrived of the duration of him living and making a life in Ohio. For those 16 years, the American government has been benefiting from Lopez’s contribution to taxes and community.

This kind of question is hard to answer without a direct consultation. Thankfully this law firm understands that any time you need a lawyer it is not always cheap. This law firm also understands that you need to know the best course of action in order to make the best decision for yourself or your loved one. This is why the Salt Lake City Immigration Attorney will provide a free case assessment. This first visit will help you get to know your attorney and understand what kind of services you will need.

Family Immigration is more than just filing paperwork, it is a persuasion to live amongst your loved ones, do the work you love, or stay in the place you love. At Familia America Law firm , we look beyond just your status. We look at your future plans to be a closer and more prosperous family. Whether your case involves deportation, green cards, fiancés, employment, or any other, this law firm can help you get the results you need.

We understand that deportation is a real fear. We understand the importance of family and loved ones. We understand that you want to be a contributing factor to the great United States. There can be a future for you here. Call us for a Salt Lake City Immigration Attorney at 801-656-9605 to set up a consultation.

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Immigrating to the United States can be a big move for you and your family. It could essentially be a better life for you. The first step in applying for US citizenship is obtaining a green card. This can be a very lengthy process but it can all be worth it in the end. After you obtain your green card you’ll have rights to live, work, enter, and exit in the United States for the rest of your life. The whole process doesn’t have to be difficult if you know what you’re doing. It’s important to know common mistakes that people make on their green card application so that you can avoid making the same mistakes. Avoiding making these mistakes can save you a tremendous amount of time and effort and may even prevent the US from denying your application outright.

One of the biggest mistakes you can make when filling out a green card application is missing an important deadline. Doing so could delay you 6 months in your immigration process. The US could also outright deny your application, they are extremely strict when it comes to deadlines. Some important deadlines that you may want to make sure you keep organized are your interview date, renewal deadline, dates for processing, and visa expiration date. It’s a good idea to keep a calendar to keep track of all your dates associated with your green card application.

Another mistake that people often make is missing forms on their application. The green card application is not just one form that has to be filled out. It typically contains 8-12 forms and supporting documents. You can submit all your forms at once (concurrent filing) and this could take years off the processing time. However, you must make sure you have all the forms needed. If not, you could delay the process by 6 months to 2 years. You could also lose up to $500.

When filling out an application, you have to make sure all the information you have is correct. Often times you have overlooked your application several times and thought you had it correct, but you may have had the wrong information to begin with. Making a mistake on your application can be seen as you lying. Keep track of all the dates, criminal records, locations, and important items. This could delay your process by 6 months to a year. Even worse, you could get a lifetime ban from the US.

Immigration is not easy. Seeing immigration always in the news can make you feel alone and vulnerable. It’s important to know that there are still laws in place to protect you. Obtaining your green card is the first step toward getting to where you want to be. The process may seem confusing and not straightforward to you. You need someone with experience in immigration law, who can help save you time and headaches. Familia America has been dealing with cases like yours for 31 years with the experience of immigration attorney Gloria Cardenas. Contact Gloria today at 801-656-9605 or simply fill out this contact form.

The post Common Green Card Application Mistakes appeared first on Immigration Attorney Salt Lake City | Familia America.

The entire process of immigration can be tough. There many forms to fill out and knowledge you need to have. Our current immigration system is broken. Now it’s more important than ever to seek out a family immigration attorney. They can make the process a whole lot smoother. Hiring an attorney will essentially be less risky for you and more efficient overall. You should also know when, during your process, is the best time to call for a family immigration attorney. It’s often when things are too complex to handle on your own.

When you hire a family immigration attorney , you will assume less risk and the whole immigration process can be more efficient. The family immigration attorney knows specifically what visas and reliefs are available to you. They can help you to avoid rejection or the request for more evidence from the application. Hiring a family immigration attorney ultimately saves you 4-8 weeks in processing time. They can help you prepare for the interview, which also lowers your chance of rejection. A family immigration attorney can advise you and help you avoid certain pitfalls you may encounter on your own. This includes things such as deportation, exclusion of entry, and bars to entry. They can even help if you have had criminal offenses that would put you at risk for deportation.

Hiring a family immigration attorney will give you a higher chance of winning the case. One minor mistake on your application can make you have to wait even longer or they may even outright deny you. Immigration is often a timely matter. Attorneys are familiar with all the paperwork you need to file your application and they can help you avoid mistakes. A family immigration attorney would know the ins and outs of immigration law. Overall, family immigration attorneys provide peace of mind.

One of the main times you should hire a family law attorney is when your application was denied. It may be because the USCIS made an error. It may also be because of inadmissible reasons.This reasons could include your criminal history or a lack of vaccinations. A family immigration attorney can let you know what factors may negatively affect your application. You should hire a family immigration attorney when you’re feeling overwhelmed by the paperwork. One mistake in your paperwork and your application could be denied. An attorney can help you sort through the forms and know exactly what needs to be completed. They also often use computer systems to input information, meaning the process of completing paperwork could take hours instead of days. Another time when you should hire a family law attorney is when you are facing delays. They have far better luck in reaching people to get the status of your application than you trying to do it yourself.

Your choice to immigrate was for a better life for you and you family. There are still laws in place to protect you. You don’t have to go through this whole thing alone. An immigration attorney can be extremely helpful. They have the experience and expertise you need. Familia America has been dealing with cases like yours for 31 years with the experience of immigration attorney Gloria Cardenas. Contact Gloria today at 801-656-9605 or simply fill out this contact form.

The post Why Should you Hire a Family Immigration Attorney? appeared first on Immigration Attorney Salt Lake City | Familia America.

It is no secret that US immigration law is full of flaws and imperfections, but did you know that there is a loophole for entering the country and adjusting your status?

Many immigrants who enter the US illegally and legally struggle with adjusting their status in the United States because they cannot prove that they entered the country “legally.” If you have a visa, you are eligible to adjust status in the US But what if you entered the US without a visa?

This is the question we asked our green card attorney from the Familia America Immigration law firm.

The loophole for entering the US legally

According to federal immigration law, you are eligible to adjust status if you have been “inspected and admitted or paroled” at the border. In a sense, this requirement prevents illegal and undocumented immigrants from obtaining a green card adjusting status, but this is not entirely true.

The requirement that you entered “legally” has a major flaw, which the Donald Trump administration may not be aware of. Courts have ruled time and time again that a person riding in a car through a border checkpoint is automatically “inspected and admitted or paroled.” Yes, even if you are riding in a car without a visa.

This is the loophole that even the best immigration lawyer in Utah and elsewhere in the US are not aware of. More often than not, these immigration lawyers ask “Did you enter legally?” while the proper questions should be, “Did you cross the border at a checkpoint?” and “Were you in a car?”

Are you eligible to adjust status if you entered illegally?

Whether or not you saw an immigration officer when crossing the border is also vital to determine if you are eligible to adjust status. If you entered the U.S. without a visa by riding in a car, it also matters whether you came in contact with the immigration officer, what he or she asked, what you answered, and whether you provided false information, e.g. by telling the officer that you were a US citizen.

Only an experienced green card attorney can determine whether or not your entry sufficiently establishes an admission or parole into the U.S. and to confirm your eligibility to adjust status. Do not attempt to adjust your status by taking advantage of this loophole without consulting with a lawyer from the Familia America Immigration law firm .

Legal challenges when adjusting status if you entered in a car

There are many potential challenges in applying to adjust your status through this loophole, as you will have to prove that you crossed the border in a car. More often than not, it is sufficient to provide affidavits or written statements, especially if these statements come from the person driving the car or assisting to enter the United States. Needless to say, the driver may not always be eager to write a statement if he or she is smuggling people illegally into the country, which is prohibited by law.

If you, for example, swam or walked across the desert and evaded border agents and immigration officers to enter the county, you will most likely not be eligible to adjust your status. Riding in a car through a border checkpoint may be your best way to enter the US legally to obtain a green card and become a permanent US resident.

Get a consultation from our green card attorney at the Familia America Immigration law firm. Call our Salt Lake office at 801-656-9605 , our San Jose office at 408-418-6621 , or fill out this  contact form . Se habla Espanol.

The post The Loophole In Immigration Law For Entering The U.S. And Adjusting Status appeared first on Immigration Attorney Salt Lake City | Familia America.

Attention to all illegal and undocumented immigrants in Salt Lake City and all across Utah: think twice before renewing your driver privilege card, as feds may be using databases of Utah driver privilege cards to deport undocumented immigrants.

When Utah passed the law that introduced Driving Privilege Cards for illegal immigrants in 2011, it was seen as a major victory for undocumented immigrants in Salt Lake City and all across Utah.

But, apparently, things have changed when Donald Trump became President of the United States, and Driver Privilege Card may be used by Immigration and Customs Enforcement (ICE) and other law enforcement agencies to identify and deport undocumented immigrants.

It has come to our Salt Lake City family immigration attorney’s attention that there has been a sharp increase in reports that ICE may be accessing Utah Department of Motor Vehicle records to round up undocumented immigrants and deport them.

Originally, lawmakers in Utah insisted that the program, which allows illegal immigrants to legally operate vehicles in the state, would not make it possible for ICE agents to target illegal immigrants unless they have been convicted of felonies or have warrants on their record.

But it looks like ICE may be using the database of illegal immigrants in Utah who have obtained a driving privileged card to deport them even when they have not been convicted of a felony and have no warrants, or when there is at least any sort of criminal or traffic offenses.

With the enhanced enforcement of immigration laws against illegal immigrants under the Trump administration, undocumented immigrants may want to think twice before renewing their driving privilege card, as the consequences for them and their immigrant family members could be disastrous, says our family immigration attorney in Salt Lake City .

Here at the Familia America Immigration law firm, our attorney and her legal team have noticed a sharp increase in complaints from illegal immigrants in Salt Lake City and all across Utah saying that they were targeted by ICE shortly after renewing their driving privilege card.

For example, we recently had a call from an undocumented immigrant “John Doe” who has lived in the United States for over two decades. Over 11 years ago, he had a misdemeanor DUI in Utah, and had no trouble with the law ever since. About a week before his call, he had renewed his driving privileged card as he has done for many years before.

Roughly a week after the renewal, ICE agents came knocking on his door and detained him. And the most bizarre thing is that this is not an isolated incident, and illegal immigrants in Salt Lake City and all across Utah have been detained by ICE agents shortly after renewing their driving privilege cards regardless of the existence of any convictions on their record.

The abrupt increase in such incidents will most likely prompt undocumented immigrants to ditch their driving privilege cards and drive without a license. Our Salt Lake City family immigration attorney advises those who are considering to apply for the card to think twice before doing this, as you might be turning yourself over to ICE voluntarily.

Those who need to renew their driving privilege card should also be very careful when renewing their card, as your application contains everything ICE agents need to detain you, including but not limited to your name, photo, current address, and other info.

In any case, it is highly advised to speak to an experienced immigration attorney in Salt Lake City or elsewhere in Utah to find out more about your particular situation and come up with a viable legal plan. Contact the Familia America Immigration law firm to get a consultation right away.

In Salt Lake City, UT: 801-656-9605

In San Jose, CA: 408-418-6621

Or fill out this contact form. Se habla Espanol.

The post Do NOT Renew Your Immigrant Driver Privilege Card (Unless You Want To Be Deported) appeared first on Immigration Attorney Salt Lake City | Familia America.

Expedited removal is a process that was created in 1996. It allows lower-level deportation officers, including those that work with the Department of Homeland Security, to deport non-citizens through a faster process. These individuals generally will have committed fraud or misrepresentation to trigger this process.

Since 2004, however, this process has been expanded and used against those who have been in the US for a very short amount of time, including those who are at the border when detained. It has also been used against those who got to the US within two weeks of being arrested and who were captured within 100 miles of either the Mexican or Canadian border. In 2017, it underwent a significant expansion again.

In February 2017, the expedited removal process was expanded in practice. Although the law technically did not change, the use of expedited removal was authorized beyond the borders where it was previously used. Now, any individual who meets the following two-part test may be removed.

Clearly, this new procedure expands the use of expedited removal to far beyond areas near the border. A Salt Lake City immigration attorney will be able to explain the full breadth of this expansion.

This fast deportation process takes away many of the rights that are granted to other people. This includes the right to an attorney and the right to have a hearing before a judge before deportation. Currently, anyone who appears at the border or is detained anywhere else in the US without the proper documentation can be removed. There is also no right to appeal the deportation officer’s decision. They are detained until they are removed.

The use of expedited removal has been on the rise for the past several years. In fact, in 2013, it was used in 44% of all removals in the US That means that the process, or lack of, affected nearly 200,000 people that year.

Your rights are extremely limited in a situation involving expedited removal. The best way to prevent this type of situation is to go through the inspection process as required at the border. You can use the following suggestions to make the process run more smoothly.

Although your rights are limited in an expedited removal situation, you may still be able to do something about it. The Salt Lake City immigration attorney and legal professionals on our team can help. Contact Familia America to learn more .

The post Avoiding Expedited Removal appeared first on Immigration Attorney Salt Lake City | Familia America.

Immigration and Customs Enforcement is commonly known as ICE. For immigrants and those who are in the country without documentation, knowing about ICE and what it does is absolutely vital.

This post provides an overview of some need-to-know information about ICE, but it is a good idea to talk to an experienced Salt Lake City immigration attorney to learn more about the proactive steps you can take to avoid conflict with ICE.

U.S. Immigration and Customs Enforcement (ICE) enforces federal laws regarding border control, trade, customs, and immigration. Their focus is on public safety. Their budget each year is around $6 billion. Much of that funding will go toward:

This large governmental agency has over 20,000 employees and over 400 offices throughout the United States. They also have offices in 46 foreign countries as well.

Although ICE agents have a wide variety of experience and credentials, they are often former law-enforcement personnel. They have specialized training that is unique to detaining and deporting individuals and families.

ICE does not administer admission processes. Instead, the US Citizenship and Immigration Services (USCIS) will assist with that process. ICE’s focus is more on determining who is in the country illegally and detaining those individuals. It will also go through the process of removing illegal aliens from the US as well.

They will also investigate the illegal movement of people and goods. That often includes smuggling weapons, drugs, and other unsafe products. ICE also works to prevent child exploitation and human smuggling as well.

Today is an uncertain time in the immigration arena. Deportation of immigrants has increased in the past year, and the threat of removal is real for many people. If ICE shows up at your door demanding to be let in or to speak with you, you should use the following suggestions to deal with the situation.