Monday, March 27, 2017

LATINA TEEN

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MEET THE LATINA TEEN WHO WILL BE TELLING THE IMMIGRANT STORIES
TRUMP IS AFRAID OF HEARING

For every single ignorant act Donald Trump commits, it seems like there are hundreds right behind him looking to right his wrongs — just like Valeria Alvarado.

On Wednesday, his administration put into motion its plan to strike down sanctuary cities by threatening to defund those that won’t detain undocumented immigrants for the US Immigration and Customs Enforcement (ICE). That much we knew, because on the campaign trail, Trump first announced his plans to dismantle sanctuary cities by withholding federal funding. But his executive order goes further than trying to force cities to cooperate with ICE officials, it’s also aiming to prove that offering undocumented immigrants protection results in rising crime. “To better inform the public regarding the public safety threats associated with sanctuary jurisdictions, the Secretary shall utilize the Declined Detainer Outcome Report or its equivalent and, on a weekly basis, make public a comprehensive list of criminal actions committed by aliens and any jurisdiction that ignore or otherwise failed to honor any detainers with respect to such aliens,”

In response to this egregious and revolting report – which will include everyone
from undocumented immigrants to permanent residents – Alvarado is publishing her
own counter-list. She’s in the midst of working on an interactive platform called We,
Too, Are America, which will highlight the undocumented community’s
accomplishments and contributions on a weekly basis. She and her small team will
roll out the first story on February 5, and then each Monday following that.
“I could not believe my eyes when I first read Trump’s plan to publish this list,”
she told me. “This ‘crime list’ idea is not new.

The Nazis used to publish a list of Jewish crimes before the genocide started. The RTML radio in Rwanda used to convince people that Tutsis were to blame for the crimes of the few. I am not trying to homogenize these situations with each other, but it is unbelievable that we are repeating history’s same mistakes.”

“The whole executive order is a ‘them versus us’ narrative,” she said. “He identified
undocumented immigrants as not a part of ‘us’ as a nation, but instead an external
group: ‘them.’ He is convincing people that the US needs a wall and 10,000 more
immigration officers to keep ‘them’ out. Why? Undocumented immigrants pay taxes,
they contribute to our economy, and they work everyday to make this country great.
Undocumented immigrants are not a ‘them;’ they are ‘us.’ When we proudly say as
a country, ‘immigrants are the fabric of this nation,’ this includes the undocumented community.”

If you have any questions regarding LATINA TEEN or any other immigration topic,
Please contact LEGiTiGO, today




Monday, March 20, 2017

Enjoying Your Permanent Residence

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Keeping and Enjoying Your Permanent Residence

After the long and challenging process of obtaining a U.S. green card (lawful permanent residence), you probably want to do your best to keep it. And that means more than just avoiding a losing the card itself. Unless you learn your responsibilities as a lawful permanent resident, and make sure not to get into any legal or other trouble, you risk losing your right to the green card and ultimately being removed from the United States and prevented from returning for many years.

By protecting and maintaining your green card status, you may ultimately become eligible for U.S. citizenship (usually within five years). U.S. citizenship is a much more secure status in the United States, and comes with many additional benefits.

How to Prove You Are a U.S. Resident

After your green card is issued, immigration laws require that you carry it with you at all times. You should also make copies in the event the card is lost. The copy will help when applying for a replacement card from U.S. Citizenship and Immigration Services (USCIS).

Renewing or Replacing Green Cards

Once you receive U.S. permanent residence, you remain a permanent resident until you abandon your residence or are deported. But it's also important to be able to prove your status, with a physical green card -- the identity document that shows your photo and name.

How a Green Card Holder Can Get a Visa for a Spouse

Can a permanent resident get a visa for his or her spouse? The answer is yes, foreign spouses of U.S. green card holders (people with lawful permanent residence) are eligible for immigration under the family second preference category (2A).

This is true for both same-sex and opposite-sex couples, so long as the marriage is legally recognized in the state or country where it took place.

If you have any questions regarding Enjoying Your Permanent Residence or any other immigration topic, Please contact LEGiTiGO, today

Monday, March 13, 2017

Accepted to Harvard

LEGiTiGO
 
 
 

 
An undocumented high school senior who left Mexico aged 4 has been accepted to Harvard

‘It was the best moment of my life’

This week, Victor Reyes found out he had been accepted to Harvard, the school of his dreams.

The California-based high schooler arrived in the US aged four, crossing the Mexican border to live with his mother and father in Los Angeles.

Today Victor is his class valedictorian, a soon-to-be Computer Science major and a DACA student.

He was given early acceptance to Harvard because, in the words of the admissions office, his application was “outstanding.”

He also shared his application essay with us, printed below, which details how he came to the States, avoided raids from immigration officials and started on his path to college.

How did it feel to get into Harvard?

It was the best moment of my life, honestly. All my effort has culminated in this. I’ve got something to prove for fourteen years of hard work and studying. My mom brought me to the US when I was four years old to get a good education. Paying her back for the sacrifices she made was amazing. It gave me a sense of fulfilment. Mom, your sacrifice wasn’t in vain! She’s proud.

It was such a relief. It was a lot of excitement and happiness. A bit of nervousness too, but like anticipatory nervousness where you’re happy.

How did you hear that you were accepted?

Oh my god. We had just come from running an errand after school with my parents. I came home, got on my computer and saw an email from admissions. I clicked on it, and saw it was from Harvard – it said: “There has been a status update to your admission.” I was thinking what does this mean? I was freaking out – is it a decision, a rejection, or do they just want information for my financial aid? I was there waiting for 15 minutes for my mom to get back to open it.

My mom gets home and says: “Oh my god check it now!” She walks up to the computer and I cover my mouth. As I click it, she covers my eyes so she’s the first to know. She doesn’t understand English, but she saw “Congratulations!” We started yelling and freaking out.

It’s exciting and pretty unexpected. Nobody expects or knows they’re getting into Harvard. I didn’t think I had perfect SAT scores, how did they even consider me? To receive such an enthusiastic response from Harvard, it’s so encouraging.
If you have any questions regarding Accepted to Harvard  or any other immigration topic,
Please contact LEGiTiGO, today

Monday, March 6, 2017

Know your rights

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Know your rights: What to do if immigration officials show up at your door 

1) Ask to see a warrant

2) Request an attorney or contact an agency

3) Gather contact information and have an emergency plan

4) Remain silent

5) Do not sign documents

Request your "Know your Rights" card

If you have any questions regarding "Know your Rights" or any other immigration topic,
Please contact LEGiTiGO, today

Monday, February 27, 2017

Pathway to Citizenship

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Acquisition of U.S. Citizenship by a Child Born Abroad

Birth Abroad to Two U.S. Citizen Parents in Wedlock:

A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA) provided that one of the parents had a residence in the United States or one of its outlying possessions prior to the child’s birth. The child is considered to be born in wedlock for the purposes of citizenship acquisition when the genetic and/or gestational parents are legally married to each other at the time of the child’s birth and both parents are the legal parents of the child under local law at the time and place of birth.

Birth Abroad to One Citizen and One Alien Parent in Wedlock:

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father:

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1. A blood relationship between the person and the father is established by
    clear and convincing evidence;

2. The father had the nationality of the United States at the time of the person’s birth;

3. The father was physically present in the United States or its outlying
     possessions prior to the child’s birth for five years, at least two of which were
     after reaching the age of 14.

4. The father (unless deceased) has agreed in writing to provide financial support for
     the person until the person reaches the age of 18 years

5. While the person is under the age of 18 years --
     the person is legitimated under the law of his/her residence or domicile,
     the father acknowledges paternity of the person in writing under oath, or
     the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: 

“Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:

A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The U.S. citizen mother must be the genetic or the gestational mother and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

If you have any questions regarding "Pathway to Citizenship" or any other immigration topic,
Please contact LEGiTiGO, today

Monday, February 20, 2017

PUP Waiver

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How to obtain a provisional waiver of unlawful presence

On January 2, 2013, the Department of Homeland Security (DHS) released new rules regarding the permanent residence application process which will benefit immediate family members of U.S. citizens. It is not a change in the law, only a change in procedure. DHS officials say the new rules

will take effect March 4, 2013.

Why the changes were needed

The law requires that spouses and minor children of U.S. citizens who entered the United States without inspection (undocumented) residing in the United States leave the country to obtain permanent residence (also known as a “green card”). The law imposes certain bars for individuals who leave the United States after residing here for more than six months without legal documentation. The most common is a bar of 10 years for people older than 18 years who have lived undocumented in the United States for more than one year. Immediate relatives of U.S. citizens can request a waiver of these bars if they can show that prolonged separation would cause extreme hardship to U.S. citizen family members. Prior to the implementation of the new rule, the process has usually been long and  immediate relatives have waited outside the country for many months or even a year.

How the waiver application process will work under DHS's new rules

The new process will permit spouses and minor children of U.S. citizens to request the waiver before they leave the country, helping families to avoid prolonged separation. The change will only apply to spouses and minor children of U.S. citizens who can show extreme hardship to U.S. citizen parents or spouses. It will not benefit relatives of lawful permanent residents. It also will not apply to other types of waivers individuals may require to obtain their green cards and reenter the United States.

(click dates to zoom in)



If you have any questions regarding PUP Waiver or any other immigration topic,
Please contact LEGiTiGO, today

Monday, February 13, 2017

Pardon I-212

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Pardon I-212 to enter the USA after deportation or expulsion

Foreigners deported or expelled from the United States receive a penalty and can not legally enter for a time of punishment, unless they obtain a pardon known as waiver I-212.

This article explains when it is not necessary to ask for this waiver, how it is requested when it is necessary, what to do if you get the approval of this pardon and when it is also necessary to file another pardon jointly.

When is it NOT necessary to request this pardon?

Not all foreigners who have been expelled or deported from the United States need this pardon as a prior step to apply for a nonimmigrant visa - such as a tourist or temporary job - or an immigrant visa for the green card, So, if you do not need it, do not ask for it, because it would be a waste of time and money.

People in any of the following categories do not need to ask for this pardon:


1. Foreigners who arrived at a United States immigration post and were allowed to
    withdraw their application to enter the country.

2. Foreigners who, upon arrival at a US immigration post, were stopped and were
    prevented from entering the country but were not subject to an immediate
    official expulsion. This is very important because it is necessary to distinguish
    when there has been an expulsion and when the foreigner is simply not admitted
    and returned to the country of the one who has arrived.
    This difference is fundamental.
    You have to look at what papers were signed or delivered.

3. Foreigners who were stopped at the border trying to cross illegally but,
    for whatever reason, did not receive an immediate expulsion order. It is very
    important to know if you received one or not.

4. Foreigners who arrived at a migratory post without a visa to belong to a country of
    the Visa Waiver Program and were not allowed to enter. This is important for Chilean
    and Spanish tourists and business people.

5. The cases of voluntary departure, when it left the United States within
    the expected period. This is a very important exception.

6. U visa applicants for violence victims who are in the United States and
    ask for an adjustment of status.

7. And, finally, those expelled or deported from the United States who have
    already served the time of the penalty. Therefore, it is essential to know the amount
    of years that apply to each case. And it is that for some foreigners the penalty lasts
    5 years, for others it is 10 and for others, 20 and, finally, for another group exists
    what is known as permanent prohibition (permanent bar).

To know with certainty how long the penalty is and the charges must be consulted in court records and cases of deportation, including the order of the judge and the document that is called Notice to Appear in Removal Procedeedings. In the case of immediate expulsion, it is advisable to have the CBP (Border Patrol) record and Notice of Expedited Removal. In cases where it is dictated by a judge because it is a case of arriving alien, that document is also important.

In other words, it is only necessary to request this pardon if the time of the penalty has not yet passed and you want to apply for a nonimmigrant visa or an immigrant visa to enter the United States.

If you have any questions regarding Immgration Pardons or any other immigration topic,
Please contact LEGiTiGO, today