Immigration & Criminal Blog

What has changed? On Sunday, April 12, 2020 Governor Northam signed a bill eliminating jail time as a possible punishment for marijuana possession, making possession of less than one ounce of marijuana a civil infraction punishable by a fine. It is important to note that this is not full legalization. The sale of marijuana, and […]

¿Qué pasó? Este verano, la administración Trump anunció una nueva norma provisional que requeriría que los solicitantes de asilo demuestren que solicitaron y se les negó el asilo en al menos uno de los países por los que pasaron antes de llegar a los EE. UU. La ACLU (Unión Americana de Libertades Civiles) y otras […]

What happened? This summer, the Trump administration announced a new interim rule that would require asylum seekers to prove that they had applied for and been denied asylum in at least one of the countries they passed through before reaching the US. The ACLU and other organizations filed a lawsuit in the Ninth Circuit to […]

You worked hard, came to the United States, and made a life for yourself and your family. Your parents were reluctant to leave their home… but they are getting older, and there is no longer a choice. They need to come here to live with you. Now that you have made the decision, you face the hurdle […]

1. Remember the Burden is on You It is vitally important to understand that the burden is on you to prove that you are in a bona fide relationship. You probably have friends or family members who got married and never merged their finances, got joint credit cards, took out a life insurance policy, or […]

What is the “90 Day Rule”? On September 1, 2017, the Trump administration amended the Department of State Foreign Affairs Manual to establish a “90 day rule.” The Foreign Affairs Manual is used for guidance by consular officers stationed at US consular posts abroad when making determinations about whether to issue a visa. Under the […]

What is an I-751 Removal of Conditions on Permanent Residence Petition? When an immigrant obtains permanent resident status as a result of a spousal petition, and the couple has been married for less than two years, the beneficiary will receive a conditional green card. Similarly, all successful K1 fiancé adjustments will result in the foreign […]

Adjustment of Status or Consular Processing for a Spousal Green Card There are two ways to obtain a green card in the United States – adjustment of status and consular processing. Adjustment of status the process of obtaining permanent resident status from within the United States. Consular processing is the process of obtaining permanent resident […]

When do you apply for a spoual green card through consular processing? When the beneficiary is abroad, you will be filing either a spousal or fiancé visa petition and go through consular processing. You will start the case by submitting a filing with USCIS, and finish off the processing at the US consulate or embassy […]

Una de las preguntas más comunes que recibimos aquí en Pachuta & Kammerman, PLLC es como se saca un pariente de la detención inmigratoria con una fianza inmigratoria. Cuando un inmigrante es en el proceso judicial de la deportación, la Inmigración y Control de las Aduanas (“ICE”) frecuentemente detiene un inmigrante al principio del caso […]