The beginning of the Trump administration caused many people in the United States fear that their rights may be threatened, and two such groups are immigrants and individuals who identify as LGBTQ. The good news is that our skilled immigration lawyer is here to protect your rights and advise you of the immigration options you have.

The following are only some options that may still be available for you as an LGBTQ immigrant:

Employment Visas

LGBTQ individuals have the same opportunities to obtain employment visas as any other foreign national. In addition, same-sex spouses can also obtain visas to accompany their spouse who has a valid employment visa.

Fiancé Visa

If you are a foreign national and your fiancé is a United States citizen, they can file a petition for you to enter the U.S. if you intend to get married within 90 days. You can then later file for your green card. This is true even if your home country does not recognize same-sex marriage.

Spousal Green Card

If you are already married to a permanent resident or a U.S. citizen, they can sponsor you so that you can obtain your own green card. You can become a permanent resident as long as your relationship is genuine and your same-sex marriage was recognized where it was performed (in the U.S. or abroad).

Petitions for Asylum

If you are under persecution in your country for your sexual orientation, you can file a petition to seek asylum in the U.S. In addition, your same-sex spouse can be added to the petition if you have already applied. If you are currently in the U.S. with asylum status, you can file a relative petition for your same-sex spouse to enter the U.S.

In addition, LGBTQ individuals are eligible to apply for immigration protections based on being the victims of domestic abuse or crime.

Call 201-703-9400 today for more information.

At the law office of Ronald P. Mondello, Esq. Attorney at Law, we work to protect the rights of all immigrants throughout New York and New Jersey. We will explore every option for your immigration status to protect your rights to be in the U.S. with your family and other loved ones. If you need assistance with any type of immigration-related legal matter, please do not hesitate to contact our office today for help.

When speaking about immigration matters, many people tend to use the terms “asylum” and “refugee” interchangeably. While there are many similarities between filing a petition for asylum status and filing a petition for refugee status, there is one important difference that dictates whether you will be a refugee or an asylee:

• If you are outside of the United States, you should petition for refugee status
• If you are at a point of entry or are already in the United States, you should apply for asylum status.

That being said, both petitions have certain requirements, the most important of which is that you prove that you were actually under persecution for certain protected factors, which include:

• Race
• Nationality
• Religion
• Political opinion
• Membership in a certain social group

Membership in a social group must be based on an integral part of you and can include sexual orientation or even gender if you were subjected to gender-based persecution.

You must demonstrate that you were the victim of either serious threats of harm or actual harm by either the government of your home country or by a group that is rebelling against the government. Inflicted harm can be physical, economic, or psychological. Immigration officials will have to be convinced that your fear of persecution is credible in order for your status to be approved. If approved, you may obtain a permit to work and permission to live in the U.S. legally. One year later, you can apply to obtain a green card and be a permanent resident and you can be eligible to apply to become a U.S. citizen four years later.

If you are under persecution or have already fled your country and entered the U.S. due to persecution, it is important that your petition is thoroughly completed to prove that you qualify for refugee or asylum protection. Many people do not realize the importance of the information they present to immigration officials and find that their status request is denied. It is important to seek help from a highly experienced immigration attorney who understands the process of applying to be a refugee or asylee.

Call 201-703-9400 today for more information.

The office of Ronald P. Mondello, Esq. Attorney at Law represents the rights of immigrants both in the U.S. and who are seeking to enter the U.S. If you need any type of immigration assistance in New York or New Jersey, please contact our office today to learn how we can help you.

As president, Donald Trump has unquestionably created significant uncertainty in many areas of law, especially immigration. Here are some things that you should know about immigration enforcement under the Trump administration.

More Personnel

The president has indicated that he plans to hire 5,000 more border patrol agents and 10,000 more Immigrations and Customs Enforcement (ICE) officers. Some observers believe this may result in a task force without sufficient training, potentially resulting in improper enforcement of the laws.

Enforcement Priorities Have Been Substantially Expanded

Under the Obama administration, only aliens who had committed serious crimes were considered a removal priority. Now, however, anyone who is in the country illegally or has committed or even been accused of a crime has been designated as an enforcement priority. According to a memo issued by the American Immigration Lawyers Association, DHS will detain nearly anyone it takes into custody (including individuals without criminal convictions) until they are

• Removed from the country
• Are required to be released by statute or due to a binding judicial order or settlement
• Hold valid immigration status or become a U.S. citizen
• Are determined to have a valid fear of persecution by an asylum officer or immigration judge
• Are paroled into the U.S.

Local Law Enforcement May Get Involved

Trump has indicated that he would like assistance with immigration enforcement from local and state law enforcement agencies. ICE is seeking to expand 287(g) program, under which law enforcement agencies are allowed to act as agents of ICE.

DACA is Still in Place

The Deferred Action for Childhood Arrivals Program, which allows certain undocumented individuals who came to the United States as children to work and live in the United States for two-year increments while any removal action against them is deferred, continues under the Trump Administration. The future of the law in uncertain, however, so anyone in the country under the provisions of DACA should pay careful attention to the law and discuss their options with a lawyer.

Undocumented Individuals Who Have Been in the U.S. for Less than 2 Years May Be Removed without a Hearing

If you are detained by ICE officers and cannot prove that you have been in the country for more than two years, you may be removed from the country without a hearing. As a result, if you are undocumented, it is advisable to always carry paperwork proving that you have been in the country for more than two years to ensure that you are able to get in front of a judge.

Call 201-703-9400 today for more information.

If you have questions related to immigration law or currently have a pending case in court, you should speak to an attorney as soon as possible. To schedule a consultation with New Jersey crimmigration attorney Ronald P. Mondello, call our office today at 201-703-9400 or contact us online.

How Section 287(g) of the Immigration and Nationality Act is Expanding Immigration Enforcement

Typically, law enforcement agencies enforce the laws of the jurisdiction for whom they work. For example, local police officers in a municipality are not on the lookout for people or individuals who are violating federal tax law, and Federal Bureau of Investigations (FBI) agents are not pulling people over for speeding.

Immigration is an issue that is dealt with almost exclusively at a federal level, and many attempts by states to legislate in the area have been struck down by federal courts due to a legal doctrine known as preemption. This presents a significant problem for federal officials, however, due to limited manpower and the fact that many undocumented individuals are difficult to track down.

As a result, they often rely on local law enforcement to notify them when they take undocumented persons into custody for relatively minor offenses. In fact, a report issued by the Transaction Records Clearinghouse (TRAC) at Syracuse University indicates that the majority of people apprehended by ICE were first taken into custody by another law enforcement agency.

Section 287(g)

According to the U.S. Immigration and Customs Enforcement website, section 287(g) of Immigration and Nationality Act allows local and state law enforcement agencies to partner with ICE in order to receive delegated authority for immigration enforcement within their jurisdictions. This agreement is entered into through a Memorandum of Agreement, which defines the limitations and scope of the delegation of the authority. The law requires ICE to supervise any offices that have been cross-designated to exercise immigration authority when they exercise that authority. Officers who participate in the program must meet the following requirements:

• Have U.S. Citizenship
• Complete a current background investigation
• Have at least one year of experience in his or her current position
• Have no pending disciplinary action

In addition, participating officers must complete a four-week basic training program and participate in a one-week refresher program every two years.

Call 201-703-9400 today for more information.

If you are involved in an active legal issue regarding your immigration status or believe that you may be subject to removal under the new administration’s policies, you should speak to an attorney as soon as possible. The assistance of an attorney will protect your rights and may be able to help you establish valid immigration status in some case. To schedule a consultation with New Jersey immigration attorney Ronald P. Mondello, call us today at 201-703-9400 or contact us online.