Losing Your Citizenship – Operation Janus

The Department of Homeland Security (DHS) is expected to start denaturalizing 315,000 people who became US citizens even if they got the citizenship over 20 years ago. DHS claims that these people either committed fraud or crimes that made them ineligible for citizenship and now they are placing people in federal proceedings to try to take away their citizenship. Yes, DHS can try to do that even if you have been a citizen for many years.

When DHS tries to take citizenship away, your family is also affected. Anyone you petitioned for (mom, dad, husband, wife, kids, etc.) is also affected because they can lose their green card or their US citizenship. This is a very serious issue.

A denationalization proceeding is how the government puts you in court to try to take away your citizenship. USCIS cannot take away your citizenship. That can only be done by a decision of a federal judge in a federal court proceeding.

However, you have rights. Depending on whether you are placed in criminal or civil proceedings in federal courts, your rights may vary. You have the right to fight to keep your citizenship by challenging DHS”s evidence and presenting witnesses. You may have other rights as well.

At Pastor & Associates, we can help you if you are in denaturalization proceedings in federal court.

PROVISIONAL WAIVER EXPANSION- I601A

On August 29, 2016 the new provisional waiver rule went into effect. This rule expands the class of individuals who may be eligible for a provisional waiver (I601A) in the United States. The provisional waiver allows certain individuals who are present in the United States to request from USCIS (United States Citizenship and Immigration Services) a provisional waiver for unlawful presence ground of inadmissibility before departing the United States, rather than applying for a waiver (I601) abroad after their immigrant visa interview. This process allows for families to stay together. The new rule has expanded the class of individuals that are eligible for the provisional waiver. Applicants must establish that their U.S. citizen or lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States.

If you think this may apply to you or if you have any questions regarding this regulation please call us today.

Provisional Unlawful Presence Waiver

The Provisional Unlaw Presence Waiver is available to applicants who are immediate relatives (spouses, children, and parents) of U.S. citizens who have been unlawfully living in the United States of America.

The individual must be 17 years of age.

Additionally, the immediate relative must file for a Provisional Unlawful Presence Waiver if he/she has accumulated 180 days or more in the United States of America.  

Although, the Provisional Unlawful Presence Waiver is for those who need only inadmissibility for unlawful presence.

If the immediate relative is in removal proceedings, he/she is ineligible for the Provisional Unlawful Presence Waiver.

The Provisional Waiver The Provisional Unlaw Presence Waiver must be filled while in the United States of America prior to departing for the immigrant visa interview at a U.S. embassy or consulate.

The Provisional Unlawful Presence Waiver is available to speed up the process and minimize the time families are separated from each other.

E-2 Treaty Investors Visas

The E-2 nonimmigrant visa is for nationals of a country with which the United States of America traders.

In order to be admitted the individual or organization must invest a substantial amount of capital in a USA business.

Also, the investor must beThe E-2 Visas are available to those already legally in the USA and those who wish to come to the USA for sole purpose to develop and administrate the investment enterprise.

E-1 Treaty Traders Visas

The E-1 nonimmigrant visa is for nationals of a country with which the United States of America maintains a treaty of commerce and navigation.

The following are examples of trade between the USA and a treaty country: goods, services, internal banking, insurance, technology, transportation.

The nonimmigrant must come to the USA in order to trade solely on his or her behalf or be an employee of the Treaty Trader. The E-1 Visas are available to those already legally in the USA and those who wish to come to the USA.

If the person is in the USA and wishes to change status, he/she may file an I-129 to apply for an adjustment of status.

Furthermore, in order to qualify as an employee of a treaty trader, the potential employee must be the same nationality as the alien employer and meet other stipulations of an employee under the law.

The individual granted an E-1 Visa is only authorized to work for/in the activity for which he/she was approved at the time the E-1 Visa status was granted. Lastly, the E-1 Treaty Traders Visa allows for an initial stay of a maximum of two years.

Though, there are no limits of the number of extensions that may be granted.

Additionally, E-1 Visa holders may come accompanied with his/her family.

The family members eligible for such classification are spouses and unmarried children who are under the age of 21.

Immigrants Decry Challenge

Immigrants and their advocates gathered at a Catholic church today in southwest Detroit to support President Barack Obama’s order to reduce deportations of undocumented immigrant parents of U.S. citizens and legal permanent residents
Last year, Obama announced an order that would allow many undocumented immigrants who are parents of U.S. citizens to stay in the U.S.
That order was challenged in court by a number of state attorney generals, including Michigan Attorney General Bill Schuette, who filed lawsuits. A judge temporarily blocked Obama’s order in February, and the case is being heard today by a federal appeals court in Texas.
Holding up signs that read “Stop Separating Families,” members of the advocacy group Michigan United and other groups gathered at St. Hedwig Catholic Church to oppose the attorney generals who filed the lawsuit.
“We don’t want a generation growing up without their parents,” said Detroit attorney Carrie Pastor, who often handles immigration cases.
Theresa Tran, executive director of Asian Pacific Islander Americans Vote Michigan, said that Obama’s order will bring “much needed relief” to immigrant parents. She said the lawsuit by the attorney generals was frivolous.
Schuette and others who filed the lawsuits have said that Obama’s order was unconstitutional.
Rosalia, an undocumented immigrant in Detroit, spoke at today’s news conference. She didn’t give her last name out of fear of being deported.
She said that she and her husband and one child came to the U.S. illegally in 1999 from Mexico. Last year, her husband was deported, leaving her to take care of four children, three of whom are U.S. citizens. One of them is allowed to be in the U.S. under a program known as DACA (Deferred Action for Childhood Arrivals) that allows some children of undocumented children to stay legally in the U.S. Obama’s order also would raise the age limit for those who apply for DACA.
Rosalia is fearful she could be deported at any time. She would have qualified to apply for legal status under Obama’s order, but that was blocked by a judge.
“What will happen to my children if I’m deported?” she said today.
She said she’s afraid to seek help for one of her children who has autism out of fear of being reported to authorities.
“I need to be able to get out of my house without being afraid,” she said. “My biggest fear is being torn away from my children, who were born here and are U.S. citizens.”
Obama’s order, she said, “would end the stress of knowing that a traffic stop on the way to the grocery store could tear our family apart.”
Cesar Ochoa, a radio host at La Mejor station (WHPR-FM, 88.1) in Detroit, said he’s getting an increased number of calls from listeners with family members being arrested and deported because of their immigration status.