It’s no secret that the Trump administration has been cracking down on immigration, but some may be surprised at the extra hoops being added to the legal immigration policy. The paperwork for legal immigration is being doubled, tripled, or even more. Worse, the new forms and documents have incredibly vague yet complex questions.
Since January, the agency that reviews and processes immigrants’ applications, United States Citizenship and Immigration Services (USCIS), has lengthened 15 applications. This includes paperwork that is required to be completed by US Citizens. In total, the forms have gone from 72 pages to 162. The instructions of the respective forms have increased from 114 pages to 215. All in, that’s a whopping 191 pages of additional paperwork added in less than a year.
USCIS has no qualms over the paperwork. It is their position that the same amount of time will be needed complete the new forms as compared to the old. This includes the I-485 form, which is the form that allows an immigrant to adjust their status from a temporary to permanent resident, which increased from 6 to 18 pages. The instructions for the form went from 8 to an incredible 42 pages. Yet, the agency insists that immigrants will still be able to finish the new application in the same exact amount of time as the shorter versions. This, by itself, speaks to their attitude and approach towards immigration and immigrants.
While potential citizens are more than willing to undergo additional paperwork, many don’t have the money to hire an attorney. From asking vague questions that could apply to simple traffic tickets to full out arrest, to probing into your political preferences, these new questions are both vague and unnecessary.
While this may seem like just extreme and vague vetting, it’s more than that. If an answer is not answered precisely and correctly, it can be considered as “misrepresentation”, which will mean that the application can be denied, and/or the immigrant subject to deportation. This is just a sly way to avoid having to propose new legislation and achieve the same goal: severely limiting the number of new immigrants to the US.
Under the Trump administration, hiring a great immigration law attorney is the difference between being able to stay legally in the US, and being asked to leave.
Sweta Khandelwal is located in San Jose, CA, and she has helped many deserving immigrants achieve their goal of becoming US residents/citizens. Contact the the Law Office of Sweta Khandelwal today.
In Maslenjak v. United States, the Justices of the Supreme Court unanimously rejected the contention that the government could revoke the naturalization of an individual that made a minor misstatement at their naturalization interview or their N-400 application.
The lawyer for the government argued that something as minor as failing to disclose a traffic ticket would be adequate grounds for revoking an individual’s naturalization years after it had been granted. Not one of the Justices agreed with the lawyer’s argument. The court held that there must be a connection between an illegal act and the individual’s eligibility to become a naturalized US citizen. Further, the court ruled that the misstatement must have affected the government’s decision had the government had knowledge of the misstated information at the time of the misstatement.
In the case in front of the court, Ms. Maslenjak was admitted to the United States as a refugee after falsifying information about her husband’s service in the Bosnian Serb military. The misstatement was repeated on her N-400 application. The government moved to denaturalize her and the jury was improperly instructed by the Judge that any misrepresentation, no matter how insignificant, was adequate grounds for revoking Ms. Maslenjak’s citizenship. The Supreme Court held that the Judge erred and remanded the case to the lower courts to consider if the US government may try her using the stricter standard.
If you believe that you have a unique situation that may impair your ability to Naturalize, contact our office. A Naturalization is not a simple process and involves more that filling the form. We would love to assist you.
After lower courts repeatedly shot down Donald Trump’s travel ban for unfairly targeting Muslims from certain countries, the Supreme Court allowed a revised version as of Monday, June 26, 2016. The decision all but allows Trump to now boast a victory. The travel ban affects travelers from six countries that are predominantly Muslim.
The Supreme Court’s decision leaves far more questions than answers regarding Trump’s travel ban. Essentially, certain foreign nationals can be banned entry into the United States if they lack a bona fide relationship with a person or an entity in the country. It does not apply to anyone, including refugees, who have existing relationships with American citizens or entities, such as if they have family in America or a relationship with an educational institution.Read More
Trump was elected President and the Republicans control both the House and the Senate. Immigrants are wondering, “What does this mean for me?” Before I explain that, let me say this first -there is no reason to push the panic button. America may have lost but you have not. To begin with, Trump cannot change/repeal Congressional Law. Employment and Family based visas derive their authority from the Immigration and Nationality Act and it is extremely unlikely that those will be repealed. The areas that are likely to get impacted are those immigration benefits/relief that were implemented via Executive Action like DACA, the H-4 EAD. A Trump Presidency means three things for Immigration:Read More
Immigration always seems to be a popular area of debate centered around presidential elections. The candidates have differing views but all seem to agree that reform is needed. Below is a summary some of the immigration proposals and initiatives the three democratic candidates and Joe Biden, not an official candidate but rumored to consider running.
Hillary Clinton has been a leader in the democratic race for several months now. Clinton has allegedly stated that she would like to see immigrants have a path to citizenship. It is reported that she thinks undocumented immigrants should pay a fine to make up for illegal entry and be willing to pay any back taxes. She reportedly noted however that undocumented immigrants who committed a crime should not be allowed to stay in the United States.
Bernie Sanders is a democratic candidate for the 2016 presidential race. On his website Sanders states that he supports “fair and human immigration.” He reportedly pledges that he will sign a comprehensive immigration reform into law in order to help the 11 million undocumented workers come out of the shadows. He also states that he is opposed to building a border fence as a mechanism to prevent undocumented immigrants from coming into the US.
More specifically he would work to reform immigration by expanding DACA, to include parents of citizens, parents of legal permanent residents and parents of DREAMERS. Going along with expanding DACA to DREAMERS, he would sign the DREAM act. Sanders also reportedly pledges on his website that he would authorize and increase funding for representation to guest workers who need legal protection against employers. Additionally, Sanders reportedly intends to increase prevailing wages and rewrite certain Trade Agreements.
Martin O’Malley is a former Governor of Maryland and democratic hopeful for the presidential nomination. O’Malley reportedly intends to expand Obama’s executive action for immigration reform and urge Congress to create a bipartisan deal for comprehensive immigration reform. It is also reported that O’Mally’s immigration position includes providing deportation relief to millions of undocumented immigrants. O’Mally also allegedly has indicated that he supports an end to restrictions limiting health care access for undocumented immigrants. While he was Governor of Maryland he supported immigration reform by signing the DREAM act into law.
Joe Biden has not announced his intention to seek the democratic nomination but there are rumors that he may be a contender. If Biden were to run it appears that he would be in support of a comprehensive immigration bill. He has indicated that he supports earned citizenship for undocumented immigrants residing in the country and he would support providing the 11 million undocumented US population with a path to citizenship.
Immigration issues can be serious and often speaking to an immigration attorney can be a good strategy. Contact the Law Office of Sweta Khandelwal to discuss any immigration issue affecting your life. Attorney Khandelwal is an immigration attorney with more than 10 years experience in the immigration field.