The College Board, which administers the SAT and AP tests, decided to enter the immigration debate. The trustees of the College Board voted to support the Dream Act, which would allow some undocumented youths a path to citizenship through college and the military.
“These are students who have gone through our K-12 system and have achieved in a very high manner,” said James Montoya, a vice president of the College Board.
But Ira Mehlman, spokesman for the Federation for American Immigration Reform, said the Dream Act allows illegal immigrants to take scholarship opportunities away from native U.S. residents. It’s unfair, he said, to reward those who violated the law to get to this country.
Supporters of the Dream Act have been pushing for lawmakers to pass the bill for many years now.
The Board of Immigration Appeals published an opinion in the Matter of Jose S. Martinez-Montalvo case. The case originated in Miami, Florida. The case citation is 24 I&N Dec. 778 (BIA 2009).
Under 8 C.F.R. §§ 245.2(a)(1) and 1245.2(a)(1)(ii) (2008), Immigration Judges have no
jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of
status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732,
80 Stat. 1161, as amended, with the limited exception of an alien who has been placed in
removal proceedings after returning to the United States pursuant to a grant of advance
parole to pursue a previously filed application. Matter of Artigas, 23 I&N Dec. 99 (BIA
2001), superseded.
If you or a loved one is in immigration court or has any other immigration matter, contact The Nunez Firm to discuss your situation and options. The Nunez Firm can help you.
I attended a naturalization interview today with my client, who lives in Tustin. He hired me to represent him at his naturalization interview because he had a criminal conviction in 2001. The crime was a misdemeanor, but immigration laws require that a naturalization applicant have good moral character for the 5 years preceding the filing of the naturalization application. In this case, my client filed his naturalization application in 2007. Although the crime was committed before the five year period, my client was on probation for part of the five years of required good moral character. For that reason, there was a chance the US Immigration officer might say that he did not have good moral character for the complete five years.
At the interview, I was able to convince the officer that the crime was not one involving moral turpitude and the probation should not affect my client’s moral character determination. The officer eventually agreed with me after speaking to her supervisor. My client passed the English and Civics tests, and his naturalization application was approved.
If you have a naturalization application pending or you are considering filing a naturalization application, The Nunez Firm call help you prepare your case. If you have any criminal convictions in your past, you should consult with an attorney before filing the naturalization application. Sometimes, the filing of a naturalization application can result in a denial and subsequent deportation proceedings; therefore, it is strongly advised that you consult with an immigration attorney to decide beforehand whether you should move forward with your naturalization application.
An Irvine client finally received his green card after years of waiting. He retained me over a month ago, and he was very frustrated. His green card was apparently approved in the early 1990s, but he never received it. He tried to attend infopass appointments many times, but the infopass officers repeatedly gave him bad advice and incorrect information. The bad advice further delayed him from receiving his green card.
After he hired me, I attended one infopass appointment to hear what the infopass officer had to say. She was new and did not seem to know what she was doing. After that, I used an AILA (American Immigration Lawyers Association, of which I am a member) liaison to contact one of the directors of USCIS to inquire about why my client’s case was taking so long. Within two months, the director assured us that the case would be granted, and my client would receive his green card.
Now that my client has his green card, he is extremely happy. He can visit his family in Mexico, which he was afraid to do without his green card.
If you are experiencing long delays with your pending applications or if infopass officers have not been helpful to you, call The Nunez Firm today. I can help you speed the process along and get your case resolved.
Undocumented victims of crime are eligible to receive U visas, which allow the visa holder to remain in the US legally for four years. Additionally, at the end of three years, the U visa holder is eligible to receive a green card and become a lawful permanent resident along with dependent family members.
U visas are available to victims of crimes such as domestic violence, battery and extortion. If the victim cooperates with law enforcement in investigating and prosecuting the crime, he/she is eligible for a U visa. The law was put in place to encourage victims of crimes to come forward and report the crime to law enforcement. Many undocumented victims are reluctant to report crimes due to deportation fears.
If you have been the victim of a crime and are interested in pursuing a U visa, contact The Nunez Firm for a free and confidential consultation. I can help you better understand your immigration options.
Eight years after receiving their T visas from the US Citizenship and Immigration Services, victims of human trafficking are still waiting for their long promised green cards.
The victims are originally from Vietnam and China. They were lured to the Daewoosa clothing factory with promises of good pay. Since the human trafficking victims received their T visas, they have experienced difficulties receiving their green cards, public assistance and other benefits. The delay is primarily caused by a lack of implemented regulations for the 2000 Trafficking Victims Protection Act. Without regulations, the government agency responsible for issuing the green cards to the human trafficking victims cannot finalize the process and send the green card. The situation is made even more difficult because the T visas expire after three years.
If you have been a victim of human trafficking, The Nunez Firm can help you. Call today to discuss your immigration options.
Three weeks ago Rich Salazar’s wife, Reshma Kaur, was arrested by Immigration officers. She has been detained since that time. She let her green card expire several years ago, and eventually immigration officers came after her. Now she is in detention trying to fight removal from California back to Fiji.
If your loved one has been arrested by immigration officials, call The Nunez Firm to schedule a free consultation. All consultations are 100% confidential. I will discuss your options with you so that you can better determine how to fight deportation.
Native of The Dominican Republic, Sgt. Juan Luis Alcivar, became a Citizen of the United States based on his armed forces service during wartime. The U.S. Government has naturalized 46,465 service members since September 2001.
If a - serves in the armed forces during wartime, it is possible to become a US Citizen without first obtaining a green card. If you served in one of the armed forces’ branches during wartime including the first Iraq War, you may be eligible to become a US Citizen. Call The Nunez Firm today for a free consultation. I can help you better understand your options and help you with the process.
President Obama has once again vowed to push for immigration reform in 2009. He has commented several times that immigration reform should occur this year. He intends to speak publicly about immigration reform in May. He plans to convene bipartisan congressional groups over the summer to begin putting together legislation, and he hopes to push for reform legislation in the fall.
It appears from the President’s past comments and voting record that he supports some form of legalization and strengthening the border security along the US southern border.
Republican groups have vowed to actively oppose legalization efforts, and they intend to mobilize constituents as well.
An anti-domestic violence eventwas held on Sunday, March 29th in order to raise awareness about domestic violence. Women of all economic levels, ethnicities and backgrounds are affected by domestic violence, but undocumented immigrant women are even more susceptible. Many abusive spouses use the women’s undocumented status as leverage and another form of abuse. Many spouses refuse to fix their undocumented spouses papers (green cards). They threaten to have them deported, and separated from their children. US Immigration laws, and more specifically VAWA, recognizes the serious nature of this type of domestic abuse, and allows victims of domestic violence to obtain green cards based on the domestic violence.
If you are currently in an abusive relationship with a US Citizen, Lawful Permanent Resident or undocumented spouse, call The Nunez Firm to discuss your situation. I have represented many victims of domestic violence, and I will discuss your case with you so that you better understand your immigration options. The consultation is 100% confidential, and your spouse will never know about the meeting.
Although domestic violence is more common against female victims, male victims of domestic abuse are recognized under VAWA as well.