Atty. Robert Reeves

Is there hope after lying to get a Green Card?

Friday, 24 April 2009 22:39 Atty. Robert Reeves & Nancy Miller

DESPERATION makes people do strange things. An adult beneficiary of a petition filed by a permanent resident parent has to wait for many years for his petition to become current. If an alien marries before getting a green card, the petition becomes invalid the alien loses the chance to come to the US Yet, it is hard to put a life on "hold" for ten or more years. Many people facing this situation marry and have children while waiting. Years later, when informed that the petition is now current, some find it impossible to give up the dream of coming to America. An alien in that position sometimes lies to the US Consulate about their marital status and the existence or legitimacy of any children and obtains a green card as the single son or daughter of a permanent resident.

Turning the corner: comprehensive immigration reform and the economy

Friday, 17 April 2009 20:05 Atty. Robert Reeves & Jeremiah Johnson

COMPREHENSIVE immigration reform and the economy - you can’t discuss one without discussing the other. Over the past couple of weeks there has been a lot of talk not only about the economy, but also about the possibility of comprehensive immigration reform.

Avoiding immigration consequences from criminal convictions

Friday, 10 April 2009 07:33 Atty. Robert Reeves & Jeremiah Johnson

LOOK before you leap: everyone makes mistakes, however some mistakes may prove more costly than others. For immigrants, a mistake resulting in a criminal charge and conviction can have severe immigration consequences, including detention and deportation. Many immigrants (and criminal defense lawyers) do not fully realize these consequences when pleading to the criminal charge. Often a criminal defense attorney will advise a defendant to plead guilty to avoid incarceration without investigating the immigration consequences.

Entry visas that create adjustment problems

Friday, 03 April 2009 22:18 Atty. Robert Reeves & Nancy Miller

Previously, we talked about the ramifications of entering on a C or D visa. This time we will discuss the import of entry on a K or a J visa or without inspection.

K-1 visas are issued to fiances who are coming to the United States solely to enter into a valid marriage with the petitioner within 90 days of entry. The parties must be legally free to marry and the marriage must be one that is recognized under U.S. law. The parties must have met in person within 2 years of filing the petition (with some exceptions). The petition can be denied if the petitioner has a conviction for certain crimes involving violence, sexual assault, child or elder abuse, stalking or drugs, unless the United States Citizenship and Immigration Services (USCIS) is satisfied that the beneficiary will not be in danger. The petition can be denied, or an investigation may be conducted, if the petitioner previously filed petitions for two or more fiances.

Aliens ineligible to obtain a green card in the US

Friday, 27 March 2009 20:17 Atty. Robert Reeves & Nancy Miller

In the ideal situation, an alien who enters the United States on a non-immigrant visa, has a current immigrant visa petition and has lawfully maintains that status can obtain a green card through adjustment of status (AOS) and not have to leave the United States to complete the process. However, situations are not always ideal. The type of visa one uses to enter the United States may limit or preclude AOS. It may also prevent one from being eligible for certain forms of relief from removal (deportation). This article will discuss C and D visas. Next week, we will discuss J and K visas and the effect of entering without inspection.

The RN contract trap

Friday, 20 March 2009 22:18 Atty. Robert Reeves & Joseph I. Elias

(Part 2 of 2)

THIS is the second of a two part article on RNs who immigrate to the U.S. and find themselves the subject of penalizing employment contracts. In the previous article we discussed the RNs immigrating to the U.S. with a hope and promise of a good job and a green card. But, sadly, upon arriving, they experience an entirely different picture than what was represented to them when recruited overseas.

The immigration consequences of marriage fraud

Saturday, 14 March 2009 00:03 Atty. Robert Reeves & Jeff L. Khurgel

AS required by law, U.S. Citizenship and Immigration Services will deny immigration petitions and applications for adjustment of status where there is evidence of fraud involved. Last week, we detailed the immigration consequences that may occur where Registered Nurses (RNs) enter the U.S. to work as an RN, but either never worked for their employer or only worked for a short period of time. Such immigrants, sometimes through no fault of their own, may be accused of fraud and are exposed to possible Green Card revocation. Sometimes, immigration officers obtain derogatory information through a notification by the sponsoring employer or based on information developed during an applicant’s Naturalization interview. Most marriages based on alleged fraud are denied at the interview stage and the applicant is placed in deportation proceedings while some marriages are not challenged until the naturalization interview.

The RN Contract Trap

Saturday, 07 March 2009 00:00 Attorney Robert L. Reeves and Joseph I. Elias

(3 votes, average: 4.33 out of 5)

For many foreign nurses (RNs) the chance to immigrate to the U.S. is the opportunity of a life time. For so many, immigrating to the U.S. is the reason they went to nursing school and took up the profession. Many others, such as marketing majors, physicians, computer engineers, etc. have switched professions to become nurses in order to immigrate to the U.S.

Immigrating as an RN is one of the fastest paths to a green card or permanent residency. This is because the U.S. Department of Labor has determined that there is an acute shortage of RNs across the entire U.S. The steps for sponsoring an RN were subsequently streamlined allowing RNs to immigrate faster than most other occupations.

What Every Non-Citizen Should Know Before Traveling

Friday, 27 February 2009 20:53 Atty. Robert Reeves & Jeff L. Khurgel

LAST week we detailed the laws governing the length of time a lawful permanent resident can spend outside of the United States without placing his or her Green Card status in jeopardy. While an absence from the United States of more than six months creates a rebuttable presumption that one intends to abandon permanent resident status, and an absence of over one year is deemed abandonment, the key idea is that a lawful permanent resident may travel abroad as long as her intentions to reside in the US remain unchanged.

Each time a lawful permanent resident tries to reenter the US, the resident is subject to an immigration inspection. If the resident who is subject to immigration inspection is determined to be inadmissible, that person may be denied admission and may be ordered removed from the USA resident who is seeking admission at a port of entry generally must have in her possession, a valid and unexpired travel document. Depending on the person’s immigration status or if the person has an application for an immigration benefit pending, several types of travel documents are required if the person wishes to return to the US after travel abroad.