13 Oct Your spousal petition maybe under investigation

BREAKING NEWS

New Regulation will make it easier to immigrate

The Biden Administration will release a regulation by December 2022, making it easier to immigrate for people who have taken public benefits.   The public charge under Trump era will be revised significantly.

N-400 Application for Naturalization

The USCIS  is now giving priorities to application for naturalization .  The reason is obviously to allow qualified immigrants to vote in the coming midterm and presidential election.  There are cases when the waiting time is only six months compared to prior years.  Pres. Biden is encouraging all qualified to file for naturalization.  This is a rare opportunity that all qualified should take advantage of.  

DACA reinstated

Pres. Biden reiterated to renew the DACA processing as of August 31, 2022

Arrest and removal of undocumented is now up to the discretion of ICE officer

US Supreme Court did not allow Pres. Biden to overturn the immigration policy of Trump with regards to priority in arrest and removal.  With increasing migrants at the border White House is now requiring ICE to deport more migrants under political pressure.   It is now a decision to be made by the ICE officer which could include arrest of anyone who is undocumented.  It is time to work on your green card now.

Your spousal petition maybe under investigation

If you filed a petition for your spouse and the case is pending for so many months or years, chances are that the USCIS is investigating your petition.  They could also deny your petition once the evidence they gathered is unfavorable to your case.  You should receive an notice of Intent to Deny before they will deny your petition.  If the petition was initially approved, you may get a Notice of Intent to Revoke the approval of your petition for reasons that they have discovered later in your case.  The best strategy is to plan to defend your case just in case any unfavorable decision is received.  If you failed to respond to the request for evidence, your case will be denied.  If the proof you submitted is not sufficient to overcome their findings, they will also deny your petition. You should consult with an Immigration Attorney who specialized in family immigration and filing appeals.   If your case is denied you can file an appeal to the BIA.  Denied I-130 petition are appealed to the Board of Immigration Appeals.  There are many reasons for denial of petition.  One is inconsistencies during the interview.  Others include negative findings about the validity of the marriage.   There could be questions about good faith marriage.  The most serious findings would be marriage fraud.  In this situation, you should submit proof of good faith marriage.  If you failed to overcome the fraud charge your spouse will not be able to be approved in any petition even if it is employment based petition.  The law is specific that if there is  a finding of marriage fraud, no petition will be approved.  But before that happens you should be prepared to appeal your case.  We have a case that there is a finding of marriage fraud.  However, the USCIS did not follow the procedural due process during the processing of the petition and the case was ultimately approved for the second petition.  Procedural due process is a constitutional guarantee of fairness in adjudication of the petition.

Other reasons for denial of petition and adjustment of status is if you entered the United States using a different name or committed a crime.  There are a variety of immigration options you may still pursue but it is best to consult with an experienced immigration attorney.

Note:       This is not a legal advice and presented for information purposes only.  If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation. 

Bankruptcy Basics

• Bankruptcy will actually improve your credit within one year because your unsecured debts are discharged.  Although the bankruptcy will be in your records for 10 years, not filing bankruptcy will make your credit even worse until most your debts are paid.
• If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
• Collection actions continue and you can be sued if you are in debt settlement.
• Chapter 7 will eliminate all unsecured debts.  If you are near retirement age, you must eliminate most of your debts.

CLAIM FOR UNPAID WAGES

We help our clients recover from employers unpaid minimum wage and overtime.  Undocumented workers are qualified to apply.

CAR ACCIDENTS

Our Law Firm successfully settled a car accident for $675.000. 

FAMILY LAW

We also handle uncontested DIVORCE.

INCOME TAX PROBLEMS

We can help you if you are under IRS audit, need a representation with IRS, need to reduce your tax liability or need to offer a payment plan to IRS,

SUCCESS STORIES

For the month of September 2022, we received approval from USCIS four naturalization applications, two  Fiancée visa petition,  two removals of condition on residence and two adjustment of status applications.

Note:       If you have immigration problems write us a letter and we will reply to you with no initial obligation.  The Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.