Dr. Q's story isn't totally dissimilar from millions of other people who have come to the United States to find better working conditions and a chance for success. Dr. Q was given a chance in the United States and an opportunity to become a citizen.

Our law firm seeks to help people of all statuses achieve success in the United States. We help immigrants. If you need assistance, please contact our office at 405-748-0318 or by email at contact@absolutelawfirm.com.

These 15 facts feature substantial arguments for why we may be too harsh on undocumented students. My primary favorite is the number 1 fact: Most Undocumented Students Have No Role in the Decision to Come to the US.

Simply stated, we are punishing children for their parents' decisions. One of my fundamental beliefs is that we should suffer punishment for our own mistakes, and not those of our forefathers. Punishing students and restricting their futures because of their partents' choices if fundamentally wrong. I can't think of any child who would not choose to go with their family, as opposed to remaining with strangers or worse, being abandoned.

Some of the other facts give eye-opening hope for undocumented students, such as the ability to receive tuition cuts in some states (# 11) and that financial aid and grants may be available for undocumented students who wish to go to college (# 14 and 15).

If you're an undocumented immigrant and want to discuss becoming a permanent resident, there are options available. Please contact us at 405-748-0318 or by email at contact@absolutelawfirm.com.

Se habla Espanol.

Wanting to fully realize his American dream, Leonel Medina paid $2,800 to attorney, James H. Alcala, to get his green card. Unfortunately, Medina was never eligible for a green card. Medina had been deported from the U.S. in 2003 and was subject to a 10 year bar against receiving immigration benefits.

Despite Medina's ineligibility, Alcala filed anyway. Come interview day Medina's family was very excited; they were making plans, and even talking about going to Disneyland. But when Medina and Alcala entered the interview room, only the laywer came out–Medina was taken into custody by immigration officials and had to return to Mexico.

Upon exiting the interview room, Alcala told Medina's wife that her husband had been taken into custody, signed a self-deportation letter, and would have to return to Mexico to get his green card by consular processing. Alcala then told her he needed $5,000 so he could start the paperwork. When Medina's wife said she didn't have the money, Alcala offered to help her sell her house so she could pay. Alcala has since fled the United States and faces charges of conspiracy, visa fraud, and encouraging undocumented immigrants to reside in the U.S. illegally.

Most visa fraud cases involve notaries or those not licensed to practice law, so when an attorney commits visa fraud its especially troubling. Nevertheless, immigrants can still protect themselves from bad attorneys by keeping their eyes open for red flags. For example, remember that no attorney can ever guarantee certain results. Beware of any attorney who promises you the moon.

Also, because an attorney can't guarantee what a court or an immigration official will do, he should always let you know about the possible consequences of a certain action, especially the negative ones.

If you have any immigration questions please don't hesitate to contact our office. Contact attorney Chris Johnsen at 405-748-0318, or via email at contact@absolutelawfirm.com. 

Se Habla Español.

President Obama’s recent announcement… is NOT an Amnesty Program! Do NOT believe anyone who tells you they can sign you up for a work permit… or get you legal status based on Secretary Napolitano’s August 18, 2011 announcement!  There is NO “safe” way to turn yourself into immigration and there is NO guarantee that your case will be considered “low priority.”  Any person who comes into contact with immigration authorities may be arrested, detained or even removed.[1]

Noncitizens should wisely heed AILA’s warning as the President’s policy change represents only a shift in prosecutorial priorities.   This change allows the government to focus their resources on the bad guys of immigration, and incidentally the non-bad guys get a break. 

In legal terms, the change allows for the “administrative closure” of low-priority cases for aliens that are currently in removal.   “Administrative closure” means that the case will no longer be active and no further action will be taken, unless the government or noncitizen reactivates the case.  Importantly, administrative closure only applies to noncitizens currently in proceedings and does not grant legal status or work authorization.  

The government is in effect saying, “Hey, we know you’re here illegally and that we can deport you; but, well, there’s a lot of bad people here illegally, and while we’d like to get you–we really want to nail them.  So because we think you’re less bad we’ll close the case we have against you, and well… we guess you can stay… I mean… we won’t make you leave…  BUT we still might change our minds and come after you later.”

Does this sound like legal status!?

Also, noncitizens should remember that “low priority” will be determined by specific criteria.  This means that the determination will be discretionary, or without guarantees.    

… Meanwhile, in Washington the 2011 Dream Act, now tabled in the Senate, wanders aimlessly through House subcommittees … 

While marriage to a USC is a great way to obtain permanent residency, unfortunately, a USC marriage will not overcome all immigration indiscretions. To explain, let’s first clarify a few terms that are frequently used in immigration. For some this next discussion concerning “status,” may invoke fond memories of high school—I apologize in advance.   “Adjustment of status” is simply a phrase that describes the process to get a green card when you’re an alien residing in the U.S.  This phrase is important because not all aliens residing in the U.S. can adjust status. 

For example, illegal aliens cannot adjust status, while Visa overstays can adjust status.  “Illegal” describes aliens that have entered the country without inspection, e.g. did not pass through a proper point of entry.  Because an illegal alien was not subject to inspection or never received “status,” he cannot adjust status.  The common phrase used to capture this idea is that “you can’t adjust what you never had.”

An alien holds or gains “status” through proper documentation, for example if you entered the U.S. on a current and valid visa, at a proper point of entry, and were subject to inspection, you have status.[1]  Once you have status, even if you lose it by overstaying your visa, the fact that you had status still permits you to adjust your status while here in the U.S.  

This brings us to a critical point in our discussion—Bars to Immigration.  Anytime you are in the U.S. unlawfully, you are accruing unlawful presence and should be very aware of the consequences.  Unlawful presence means residing in the U.S. after illegal entry, or remaining in the U.S. after your Visa expires.  Whether you are subject to a bar depends on the amount of unlawful presense you have accrued.

While there is a small safety net, most people quickly surpass it.  This safety net only applies if you leave the U.S. before you have accured 180 days of unlawful presence. Here are the big consequences:

-     If you have accrued unlawful presence of more than 180 days, but less than a year, your departure from the U.S. will trigger a three year bar. 

-     If you have accrued unlawful presence of more than a year, you will receive a ten year bar upon departure from the U.S.

IMPORTANT: The bar is not triggered unless you depart the U.S.  Thus, if you are in the U.S. unlawfully you should consult with a qualified immigration attorney about the immigration consequences of departing the U.S. before leaving.  Now here is where things really get sticky.  If your boyfriend/girlfriend entered the country illegally, her marriage to you, a USC, will not make her eligible to adjust status.  She will have to leave the U.S., even though she may trigger a bar, and wait and until she can begin consular processing. [2]  This means that in some cases your significant other could be barred from entering the U.S. for ten years before they could begin consular processing.  I know this seems incredibly harsh and unfair, and I can appreciate the horrible reality this imposes upon many families, but it is real nonetheless and should not be taken lightly by any means. 

Marriage to a U.S. Citizen (“USC”) is probably one of the best and most frequently used methods of obtaining U.S. Citizenship.  As seen in reality, just about anybody can land a significant other in one form or another, and on this route to permanent residency, a good faith marriage is the only ticket you’ll need[1].  HOWEVER, while a good faith marriage is practically the only application prerequisite, there are plenty of things an immigrant can do to disqualify himself from being eligible for permanent residency.  Furthermore, the evidentiary hurdles required to prove good faith marriage should not be discounted.  

First, let’s talk about the advantages to obtaining permanent residency through marriage to a USC.    One fantastic advantage is the government’s willingness to forgive Visa Overstay.  So, even if you stayed in the U.S. past your Visa expiration date, you may still be eligible to adjust status as long as you have not left the U.S. since your Visa expired. 

Another benefit is the immediate availability of immigrant visas.  This benefit is HUGE given the backlog on most other visa categories.  The immediate availability of a visa number puts the USC’s alien spouse on the fast track[2] toward permanent residency. 

Finally, and arguably, the evidentiary hoops required to show a good faith marriage are more manageable than other citizenship routes.  However, be sure to keep in mind that the phrase is “good faith marriage,” meaning it has to be a real marriage.  There are serious consequences for participating in a marriage solely to derive an immigration benefit. Furthermore, keep in mind that sham marriages cause USCIS to carefully scrutinize any marriage that is entered into shortly before the application for an immigration benefit.[3]