Newsletter February 2002

Mexican Dual Citizenship Deadline

A criminal record may cause problems in an immigration context, whether the person is a lawful permanent resident, a temporary visa holder, or undocumented. It may subject a person to deportation/removal proceedings, or interfere with his/her eligibility for future benefits under the Immigration and Nationality Act. The issues surrounding a criminal record may become highly intricate, and may require analysis under several different pieces of immigration law.

ALERT: All INS Fees will Increase Feb. 19, 2002 FILE YOUR APPLICATIONS NOW

Who Qualifies for United States Citizenship?

Basically, a person qualifies to apply for citizenship five years from the date the green card was granted. Some exceptions exist, most commonly for spouses of U.S. citizens and military personnel.

At this time, the entire process is taking about 9 months. Before applying for citizenship, be sure that you qualify. If you apply without qualifying, you may be subject to deportation/removal proceedings and/or lose your permanent resident status. This especially applies if you have certain criminal offenses in your past, or have committed other "immoral" offenses, such as failure to pay child support. Consult with an attorney if you have doubts!

NOTE: The Fees for Naturalization rise on February 19, 2002.

STOP THE DEPORTATION
Salvadoreans can Apply for TPS Now

LATE AMNESTY IS HERE FILE YOUR APPLICATIONS BEFORE MAY 31, 2002 DEADLINE

The Consequences of a Past Deportation

Many people have orders of deportation/removal in their past immigration history. Oftentimes, a person does not even know about this order until it is too late. A prior deportation order may have a serious effect, and needs to be thoroughly researched and handled by a knowledgeable attorney. It could prevent you from obtaining your green card, or it could allow the INS to come to your home or business and arrest you and deport you without any prior notice.

All is not hopeless. Many people can escape the effect of a prior deportation order. In general, a prior deportation order requires you to return to Immigration Court and resolve the issue. Most commonly, people applying for green cards before the INS will discover this fact, and will have wasted time and money pursuing applications at the wrong location. To avoid this from happening, consult with an attorney and be honest about your past. The INS keeps fingerprint records so you cannot avoid your immigration history. It is best to take care of the problem up front with professional guidance, rather than having your green card denied and being arrested at your INS interview.

245i Still Pending

INA section 245i allows people who entered illegally to remain in the United States and obtain their green cards. Since September 11, anti-immigrant forces have worked to prevent this law from being revived. It is still pending in Congress. If you have U.S. citizen family, ask them to write or call their Senators and Representatives and urge passage of this important law. In the meantime, you should prepare in case the law comes into effect. Have your U.S. citizen or permanent resident relative file a family petition for you immediately.