Welcome to our web site. Here we have taken the time to compile a lot of complex information and share it with you in simple terms so all of you understand what you need to know, regardless of where you are. These pages have some complex information, but something we must know in order to help you. We can write volumes, but here are some of the important highlights for you.

We are going to provide an overview of the law here so that you understand some of the basics of immigration law and can plan your life. Remember, this is not the same as seeing a lawyer and bear in mind immigration changes daily so always call a lawyer before you do anything, especially travel.

UNLAWFUL PRESENCE

The current bar for people asked to leave is a one-year bar for people who are excluded and for people who are deported the bar is 10 years. However, if there is something you need to address (i.e. criminal history), you shouldn't just ignore it as waiting outside the country for 10 years does not guarantee entry at that time. If you have a criminal history, expungements are not recognized for purposes of immigration. You may qualify for what is known as a a VACATION OF CONVICTION. This should be discussed with your lawyer.

If you are an overstay and remain for 6 months past the expiry of your stay, you are subject to a 3-year bar from the country. If you remain for 1 year past your authorization, you are subject to a 10-year bar. There are certain exceptions. However, if no exception applies to you , this is hard to overcome. One exception is for people who marry U.S. citizens and file for Adjustment of Status (the Green Card).

IIRIRA Changes (1996). That may seem like a long time ago, but the effects are widespread and you should be aware of them.

Conviction for high-speed flight from immigration checkpoints, domestic violence, stalking, child abuse, child neglect, violating court protective orders regarding prevention of domestic violence. If you falsely claim to be a citizen, you are subject to deportation.

Other important recent changes include the fact that Suspension of Deportation had been eliminated under Sections 212(c) and 244. In their stead, we have a 7-year Cancellation of Removal provision for people with Green Cards and a 10-year Cancellation of Removal for people who do not have a Green Card. Aggravated felons do not qualify for either of these and people who have committed any crime must show "exceptional and extremely unusual hardship". However, if a crime is committed by the person or an NTA (Notice To Appear) is served on them, the time stops counting towards the 7 or 10 years.
There is also the change to the detention laws. They have mandatory and non-mandatory detention now. Non mandatory needs a $1500 bond and the mandatory is for people rendered inadmissible due to certain crimes or who can be removed because of such criminal activity that they have committed.

Aggravated Felonies: Always a serious issue in immigration. Aggravated felonies were changed so that the definition now covers most felonies. Also, thefts and violent crimes that carry a one-year sentence or more are now considered aggravated felonies.

Importantly, they removed judicial review for people convicted of some crimes, discretionary bond and detention. On this note, they also made the change regarding the definitions of conviction and sentencing. For example, sentencing now is defined as the time ordered by the Court, regardless of whether or not the sentence or execution of it were withheld.

An area of great concern is that nonimmigrants now have their visas automatically invalidated if you overstay by even an hour. Under Section 222(g), these person can no longer Change Status (this is the term for people going from one visa to another, such as a B-2 visitor going to an H-1b work visa) inside the United States. The problem with this is that once you are outside the country they have you and if they feel you should not be let back in, you have a problem.

A last major change as a result of IIRIRA is that 4 major agencies must report (Section 404) to the USCIS (Immigration Dept) 4 times a year if they know that you are unlawfully present. These agencies are: HHS, HUD, SSA, and DOL. If you are unlawful, deal with it on your own terms lest you be reported without knowing.

AC21: AMERICAN COMPETITIVENESS IN THE 21st CENTURY ACT (October 2000)

This law made a number of changes, some of which were very useful.

Regarding H1Bs: If someone has filed an EB (Employment Based) 1-3 Green Card and cannot obtain one because their country limit has been reached (usually India or China), they can extend their H1b until the case has been processed and decided upon.

On this topic, if a Labor Cert Green Card case was filed, or Adjustment of Status case (final stage of Green Card through employment....BUT the same term is used for family and asylum-based cases) and 365 days have passed, the H1b visa can be renewed past 6 years...big plus!

If an H1b visa holder wants to change jobs, he or she no longer has to wait for approval of the new case. As long as a legitimate case is filed, they can work as soon as the government receives the paperwork. This was a very popular section. Please note: This does not apply if the first h1b visa has expired, even by a day!

If you applied for a Green Card through EB 2 or 3, and filed the Adjustment of Status which has been waiting 180 days or more with the USCIS, then you can transfer it to a new job as long as the job classification is the same as for the job for which you applied the case.

FAMILIES UNDER THE ACT

They created new visas: V and K3. The V is for people who are Green Card holders and filed for their spouse or children before December 21st 2000, and waited 3 years for the petition to be approved. The visa allows for work authorization and Adjustment in the United States.

A more popular section is the K3 visa. Before the visa, if you married someone abroad you had to wait until he or she obtained a Green Card. That process could take a year or more. Today, thanks to the K-3 visa, they can enter the country in 4-8 months' time and wait for the Green Card here.

ENTRY ISSUES: You are subject to summary removal whether you are a nonimmigrant or immigrant without the proper documentation OR if you commit a material misrepresentation at the border.

FAMILY SPONSOR IMMIGRATION ACT OF 2002 (March 2002)

This was also a great and welcome change. When you marry someone from abroad you must show that you make a certain amount of money or have assets in a form called the Affidavit of Support. Well, sometimes the petitioner died and this could cause a serious problems. This section allowed for certain substitutions.

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