Delia de la Garza's Legal Blog

If you are a U.S. citizen, petitioning for your foreign national wife and kids(from  a previous marriage), be aware that you must have been married to your wife prior to those children reaching the age of eighteen (18).  While the definition of a child includes unmarried children up to the age of twenty-one (21), there is a special provision, or rather, exlcusion for step-children.  Again, they must have been below the age of eighteen (18) prior to the new marriage between parent and step-parent.  Still, this does not mean that the child is out of luck.  There are other ways to petition for the child, whether immigrant or non-immgrant.  What you need to do is consult with an attorney and get a plan together, so you will know what to do.  And, wouldn’t you know it, that’s what we are here for.  Set up a consultation today!

When you apply for a benefit with USCIS, whether lawful permanent resident status or citizenship, you undergo a name check with the FBI.  Sometimes those name checks can take some time.  There are cliams that these name checks are for national security, but I do not see that national security is being served by delaying issuing benefits to people.  Also, USCIS always has the right to revoke any benefit….back to the story, people have sued the government in order to force thier hand to make a decision.  Some people have waited 1 year, others 4 or 5.  Most courts have been very sympathetic to this problem and more often than not have required that USCIS issue a decision in 30-60 days.  As a result of this litigation, USCIS has finally changed its national security and adjudication requirements.  USCIS indicates that it has not changed its background check policies related to citizenship applications, but these new policy changes will affect I-485, I-601, I-687 and I-698 applications.  USCIS has informed the public that if the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, it will approve tha application.  USCIS says there are 47,000 applications for permanent residence that are approvable, but for the pending FBI name checks.  USCIS claims that only a subset of these cases has the FBI name checks been pending for 180 days or more. Finally, the USCIS has made predictions that these cases will be processed by mid March 2008.  I find that very unlikely!  First, I find that the number of cases that USCIS says is pending name checks for residency is way off!  Next, I find that it is almost impossible to believe that these two agencies could ever get anything done in 1 month’s time.  I cannot wait to see the next roll of litigation!   

If you are on our site, chances are you are looking for an immigration attorney to help you with an H-1B petition.  This is the most sought after employment-based visa that USCIS offers.  You probably already know most of the details, and have already been thru the vast information on our site.  What you need to do is contact us!  With this petition, you must start early!  There are many details to take care of before you can even file a petition with the USCIS and may details that we need to review with you.  Last year, USCIS received three times the number of applications that they could handle.  Do not let this discourage you!  Because of last years move to a lottery, most people have decided not to try at all.  Do not give up hope and get started, call us today!

Imagine you were in love and you and your sweetheart decided to get married.  Forget about calling your parents for a big wedding, you just want to head down to the courthouse and do it!  Talk about getting the jitters! There is all this excitement and adreniline running thru you as you try to pick out something a little nice to get married in.  Your honey picks you up and you take one last look in the mirror.  You get in the car and when you see his beautiful smile, you realize that you are doing the right thing, this is the person you want to spend the rest of your life with.  When you get to the courthouse, you are refused a marriage license becuase of your immigration status!  What a blow!  Your whole life flashes in front of you, your hopes and dreams are crushed.  This is one of the daily struggles that immigrants were facing in Scranton, PA.  These are not the only daily struggles that immigrants face.  They cannot get licences, jobs, are refused service, housing, etc.  This only drives them more underground.  They end up working for people “under the table” and get exploited because they are not paid a reasonable wage or at all.  I get calls all the time about people who went to work in Louisiana to help rebuild New Orleans, who did not get paid.  Or, people who were arrested in Traffic Court by a Judge, who may or may not be a lawyer, because they don’t have any papers under some new law, according to him.  Imagine that!  This judge is enforcing some new law-that the public has yet to hear about.  I wonder what that new law is?

If you were issued a “green card” between 1977 and 1989, chances are, your card does not have an expiration date.  USCIS has decided that, in the interest of national security, lawful permanent residents with this older edition of the green card, apply for a new one.  That being said, lawful permanent residents should understand that USCIS will be collecting your fingerprints and conducting a background search to review any criminal activity the applicant may have been involved in.  So, while the application to renew the green card is relatively simple, it is highly recommended that a lawful permanent resident consult with an attorney with respect to any circumstances that may make them deportable.  If you apply or have already applied to renew your green card, and USCIS is now requesting certified copies of your criminal record, you should consult with an attorney.  Only a qualified immigration attorney can help you understand the ramifications a conviction or deferred adjudication can have on your status as a lawful permanent resident.