- Child SupportWhen the permanent resident presents their case, they should show remorse for the criminal conduct, and that efforts have been made toward rehabilitation. The immigration judge will consider such equities as payment of federal income taxes and child support, ties to the community such as being involved in charitable organizations, long term residence, evidence surrounding the criminal act and the period of time that has elapsed since the criminal act(s).
- Sex CrimesRape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, and any attempt, conspiracy, or solicitation to commit any of these crimes or criminal activities.
- MisdemeanorsSection 264 of the Immigration and Nationality Act provides that, “Every alien in the United States shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations.” It also states, “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him. Any alien who fails to comply with [these] provisions shall be guilty of a misdemeanor.”
- Drug CrimesAlthough drug charges are taken seriously by immigration officials, the law recognizes that in some situations a person should not be deported. The court wants to know what kind of person the permanent resident is. Was this a one-time occurrence, or is it likely that the person will commit more crimes? Where does the person’s family live, and if they are in the US, do they have legal status?
- Assault
- Murder
- Kidnapping
- Manslaughter
- Prostitution
- Extortion
- Citizenship and Naturalization
- Family ImmigrationIt is perfectly legal to get married to a US citizen or permanent resident and obtain permanent residency in the United States. This type of marriage is often called...
- Employment Immigration
- Green Cards
- Family VisasFamily Visa and Green Card HelpA lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or a relative who is a lawful permanent resident, you must go through a multi-step process.
- Work VisasNo, derivative relatives of the primary beneficiary of an approved P visa may not work in the United States unless they independently qualify, apply and are approved for an employment visa.
- Investor VisasE-2 Visa, Treaty Investor Visa is for persons wishing to live in the U.S. and buy or invest in a U.S. company or to trade with a U.S. company. E-2 Visas (and E-status) have a distinct advantage in that you may live and remain in the U.S. for as long as necessary (perhaps indefinitely) to manage your investment and/or business, so long as it is generally successful or has a prospect for success. In short, as a holder of an E visa you may live in the United States as long as you continue to mange your related business or your investment.
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- Estate Planning
- Tax LawPeter J. Loughlin holds a JD and LL.M degree in International Tax Law and Financial Services and, is a member of the State Bar of California, American Immigration Lawyers Association, and is admitted to practice before the Supreme Court of the United Sates of America. He is a past member of the Board of Academic Advisors and Professors of the American Academy of Financial Management.