What does the Credible Fear Interview entail in the United States? The credible fear interview is essential in the US immigration system to assess if asylum seekers genuinely fear persecution or torture upon return to their home country based on race, religion, nationality... This article offers a detailed guide on the interview process, covering common questions and support services from organizations like Serving Immigrants. The Interview Eligibility Requirements For the credible fear interview to be approved, the applicant must demonstrate being at risk of sexual abuse, physical harm, or other significant harm. The Biden Administration justifies these restrictions by arguing they will benefit those with legitimate claims of protection while attempting to reduce the impact of unfounded applications that congest the system. The United States Citizenship and Immigration Services (USCIS) considers "credible fear of persecution" as a real possibility that the applicant will face persecution if returned to their country, based on reasons such as race, religion, nationality, membership in a particular social group (including discrimination…Read More
Introduction of the Initiative Starting on August 19, 2024, the application process for the program announced by the Joe Biden administration will open, which offers the possibility of settling status for some spouses of American citizens without having to leave the country. In the program, which was announced in July, each case will be evaluated individually. Eligibility criteria include demonstrating continuous residency for at least 10 years prior to June 17, 2024, being present in the U.S. without admission or temporary presence permit, not posing a security threat, and being in a valid marriage to a US citizen before June 17, 2024. Addressing Challenges The new parole program tackles these challenges by allowing eligible individuals to apply for adjustment of status within the U.S., thus eliminating the requirement to depart the country for visa interviews, which could otherwise trigger extended reentry bans. Importantly, even if the program is suspended or reversed in the future, individuals granted parole will retain a pathway to pursue lawful permanent…Read More
Florida Governor Ron DeSantis has signed a new law that toughens penalties for driving without a valid license in the state, primarily affecting immigrants. The law, which comes into effect on July 1st, increases the maximum penalty for this offense from 60 days to one year in jail in cases of recidivism, with a minimum penalty of 10 days for those caught driving without a license for the second or third time. This legislation, known as HB1589, does not allow undocumented immigrants to obtain a legal license in Florida and is part of a more restrictive stance on immigration, according to the policies of Governor DeSantis. Additionally, the law also impacts licenses issued by other states that are specific to unauthorized immigrants and are not recognized as valid in Florida.Read More
Civil rights groups, including the American Immigration Council (AIC) and the American Civil Liberties Union (ACLU), have filed a federal lawsuit to block a new anti-immigrant law in Iowa. This law, known as SF 2340, permits state police to arrest undocumented individuals who have previously been denied entry to the U.S. or deported. The lawsuit, filed on behalf of the Iowa Migrant Movement for Justice and the immigrants it aids, aims to prevent the law from taking effect on July 1. The controversial law creates new offenses for anyone, including children, who reenters the U.S. after deportation, even if they are authorized to remain in the country. Legal experts from AIC and ACLU argue that the law conflicts with federal law and could have severe consequences for Iowa residents. The U.S. Department of Justice has also warned that it might sue Iowa, claiming the state law violates the U.S. Constitution by creating a separate state immigration scheme. Governor Kim Reynolds has defended the law, asserting…Read More
Asylum seekers in the United States face a constantly evolving legal landscape, and recent regulatory adjustments have made the process even more challenging. Our firm is dedicated to assisting those in need of protection by staying abreast of the latest rule changes and how they affect asylum claims. The Department of Homeland Security and the Department of Justice have jointly issued new rules intended to streamline asylum procedures. These changes include tighter deadlines for filing applications, modified criteria for initial screenings, and new guidelines for immigration judges that could expedite court proceedings but may limit thorough case examination. The new regulations aim to reduce the backlog of cases and ensure that genuine asylum seekers receive protection more swiftly. However, they also raise concerns about due process and the ability of asylum seekers to adequately prepare their cases. Our team is committed to providing the most current and effective legal representation for asylum seekers affected by these changes. With expert knowledge and compassionate guidance, we help…Read More
The EB-2 visa category, a preference for professionals holding advanced degrees or individuals with exceptional ability, includes an option that can bypass the labor certification process: the National Interest Waiver (NIW). Recent updates have made this pathway more accessible and defined, particularly beneficial for entrepreneurs, researchers, and those in STEM fields. A significant development that has recently come to light involves the U.S. Citizenship and Immigration Services (USCIS) refining the adjudication process for NIW applications. This change stems from a need to align with modern advancements in various industries and to support national interests more effectively. The core criteria for an EB-2 NIW remain the same, requiring applicants to demonstrate that their work has substantial merit and national importance, that they are well-positioned to advance their proposed endeavor, and that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. However, the recent policy updates have clarified these requirements, making it slightly easier for applicants to…Read More
The USCIS I-130 Form is a family-based immigration document filed by a U.S. Citizen or LPR to establish a relationship with a relative or family member living abroad who may qualify for a family petition visa. It is the first step in the family-based immigration process. Form I-130 proves the existence of a familial relationship and is a necessary component of the green card application. The I-130 petition must include specific information about the petitioner and the beneficiary. The petitioners must provide documentation of their citizenship or permanent residence status and the relationship shared with the beneficiary. Additionally, the beneficiary must provide proof of identity and other documents requested by the USCIS. These documents may include: Birth certificates Marriage certificates Passport Adoption papers Citizenship ID from the foreign country The USCIS reviews the I-130 petition and decides if the relationship meets the criteria for a family-based green card or visa. If the petition is approved, the beneficiary will be eligible to apply for a family-based…Read More
Immigrants who come to the United States do so with one goal in mind: to live the American Dream. Becoming a U.S. citizen is a significant achievement for immigrants who have made the United States their home, and want to keep it that way without fearing deportation. Applying for American citizenship provides individuals with the opportunity to have a voice in their government, participate in civic life, and enjoy the full rights and benefits of being an American citizen. The process to become a U.S. citizen may be challenging, but here, we will explore the basics, including the eligibility requirements, the naturalization process, and the benefits of becoming a U.S. citizen. What Is The Difference Between “Citizen” And “Permanent Resident”? A citizen and a permanent resident have different legal statuses in the United States legal system. A citizen is someone born in the United States or who has gone through the process of obtaining U.S. citizenship. A citizen has the right to vote, run for…Read More
Victims of trafficking can benefit from a T Visa, specifically aimed to help and protect survivors of sex trafficking or labor. If trafficking brought you to the United States under irregular entry by smugglers, or you were a victim of trafficking after arriving in the country, the T Visa is an ideal solution. The T nonimmigrant status was established in the year 2000 to help combat human trafficking. Its purpose is to provide immigration relief to victims of this crime. A T Visa allows a survivor to work temporarily in the United States and provides a path to a green card. T Visas may be more quickly obtained compared to other humanitarian relief options such as a U Visa or a VAWA self petition. Just like any visa for crime victims, the T-nonimmigrant status is available for everyone, offering protection and temporary residency for anyone who meets the requirements, including members of the LGBTQIA+ community. Below, you’ll find some information that will help you to have a broader understanding…Read More
For almost 20 years, our team at Serving Immigrants has been dedicated to providing our immigration law services, resulting in many happy clients. In doing so, our commitment and focus have taken us on a fabulous journey of growth – both personally and for our business. We are pleased to announce that our law firm has been named a 2022 Law Firm 500 Honoree awarded to the Fastest Growing Law Firms in the US. Although this recognition is calculated on growth, it could not be possible without the continued operational excellence and commitment to client service exhibited by our team every day. We are ranked 45th on the 2022 Law Firm 500 and have grown 227%. This is the third consecutive year that Serving Immigrants has ranked on the list. Thank you so much to our loyal clients and partners who have supported us as we have grown. Serving Immigrants, Inc. is a dynamic, full-service immigration law firm that is dedicated to assisting immigrants and their loved ones with their…Read More