By Atty. Crispin Caday Lozano Discussion The Provisional Waiver process where an applicant is applying for a green card waives the unlawful presence only. Other inadmissibility offenses are not waived. An individual accrues unlawful presence when he or she is “present in the United States after...
By Atty. Crispin C. Lozano There are permanent and conditional bars to the determination of good moral character. We will discuss the conditional bars to naturalization in this article. Q: What do conditional bars to good moral character mean? A: Conditional bars are not permanent in nature and are...
By Atty. Crispin Caday Lozano If you entered into a good faith marriage but after the marriage your U.S. citizen of lawful permanent resident spouse is abusing you, then you do not have to sacrifice to get your permanent resident. You can immediately apply for a...
By Atty. Crispin Caday Lozano Question: I am the beneficiary of a petition by my same sex partner in California which recognizes legality of same sex marriage. How many years do I have to wait to file for my naturalization? Answer: Marriage to a U.S. citizen shouldn’t...
By Atty. Crispin Caday Lozano The Department of Homeland Security issued a memorandum on July 29, 2016, expanding eligibility for a provisional waiver of the 3 and 10 year bar for unlawful presence which takes effect on August 29, 2016. Q. What has been expanded? A. The provisional...
By Atty. Crispin Caday Lozano On November 23, 2016, the DHS issued a Policy Memo (PM) clarifying benefits for members of the Armed Forces and their relatives. This includes Parole in Place and Deferred Action which will be discussed below. I. Parole in Place for Families of...
By Atty. Crispin Caday Lozano With the election of Donald Trump as president of the United States various civic organizations released advisory on how to handle immigration raids. The National Immigration Law Center (NILC) issued the following advisory in case of Immigration raids. KNOW YOUR RIGHTS Everyone has...
By Atty. Crispin Caday Lozano Just days before the election, President Elect Donald Trump made the following campaign promise to the Americans: “On the first day, I will take the following five actions to restore security and the constitutional rule of law: * FIRST, cancel every unconstitutional executive...
By Atty. Crispin C. Lozano Many fiancée who came to the United States and did not marry the U.S. citizen petitioner could not adjust status unless they qualify under the Violence against Women Act. However, there is a new provision in the law that allows these...
By Atty. Crispin Caday Lozano If you were petitioned by your spouse and you received a decision from USCIS stating a finding of marriage fraud you should immediately consult an experienced immigration attorney. The Immigration and Nationality Act Sec. 204 (c) prohibits the approval of a...
By Atty. Crispin Caday Lozano If you obtained an immigrant visa as single son or daughter of a Lawful Permanent Resident or a U. S. citizen but you were actually married at the time of your entry to the U. S., you committed a misrepresentation of...
By Atty. Crispin Caday Lozano The process for determining the age of the child beneficiary—either direct or derivative—of a Family-sponsored or employment-based visa petition or of a diversity visa application under the CSPA is more complicated. The statutory formula for these cases is that the child’s age will...