Sham & Stamatin LLP - Immigration Law Made Simple






			Because of the harsh provisions of U.S. immigration law, one can be removed from the United States for relatively small misdemeanors such as shoplifting (petty theft), drunk driving, "joy-riding," etc. regardless of when the act took place. Any violation of your status in the US can potentially result in your being placed in removal proceedings. These violations generally include staying beyond the period authorized, failing to abide by the conditions of your status, or entering without proper documents. An immigration violation is not dependent on how long the violation took place (e.g., one day of working without authorization, or of overstay) or the age of the alien (e.g., a baby brought in illegally by his parents, is still an immigration violator). Being married to a US citizen, or having US born children, does not automatically guarantee that ICE will not try to remove you from the US. There is even a presumption that the marriage is a sham, entered into for purposes of obtaining the "green card," if it takes place after the removal proceedings have commenced. We can advise you of the consequences of your intended action (divorce, change of employers, concurrent employment), or how to achieve your goal without negatively affecting your immigration status. Contact us immediately if DHS/ICE wants to deport you. The stakes involved in a removal hearing are very high, involving the risk of separation from your family and your community, of loss of your job, and of loss of your way of life.



		CANCELLATION OF REMOVAL If you are a green card holder, to establish cancellation of removal you must have been a green card holder for 5 years, must have resided in the U.S. continuously for 7 years after being admitted in any status, and must have not been convicted of any aggravated felony. If you are not a green card holder, cancellation of removal and adjustment of status for nonpermanent residents apply when you have been physically present in the U.S. for a continuous period of not less than 10 years immediately preceding the date of such application, have been a person of good moral character for 10 years, have not been convicted of any crime, and establish that removal would result in exceptional and extremely unusual hardship to your U.S. citizen or permanent resident spouse, parent or child. ADJUSTMENT OF STATUS or SEEKING A GREEN CARD “Regular” adjustment: - You must have lawfully entered into the U.S. after inspection and authorization by an immigration officer. - You must have maintained continuous lawful status in the U.S. except in certain cases. - A green card must be immediately available to you. - You must be admissible. Adjustment under INA Sec. 245(i): You may adjust even if you have not entered lawfully or maintained lawful status in the U.S. if there is a visa petition filed by a family member on your behalf before April 30, 2001, or by your employer and prima facie approvable when filed. ASYLUM We can assist you in filing an asylum claim based on your “well-founded” or “reasonable” fear of harm if you had to return to your native country. Your fear of harm must be based on your race, religion, nationality, political opinion, or membership in a particular social group. A “well-founded” fear of harm means that a reasonable person in a similar situation would have a fear of harm (this may be as little as 10 percent chance). You can prove your fear of harm by showing that you: - have been persecuted in the past or - there is reason to believe that you will be harmed in the future even if you have not been harmed in the past.