If you believe that the U.S. is trying to deport you and you are a lawful permanent resident, it may be possible to have a court block your deportation. This can be accomplished by a procedure called cancellation of removal. This situation typically comes up if you have green card and have been convicted of a crime.

Requirements for Cancellation of Removal for Lawful Permanent Residents

The requirements for cancellation of removal are in INA § 240A(a). This procedure is also called 42A because that is the name of the application form.

You must meet all of the four requirements for cancellation of removal:

1. You have been a lawful permanent resident for five years. This means you must have had a green card for five years.
2. You have resided in the U.S. continuously for seven years after having been admitted in any status. Some people leave the United States for a period of time and then return. Depending on the length of time you were out of the U.S. you may have restarted the clock.
3. You have not been convicted of an aggravated felony. Many drug crimes are considered an aggravated felony. DUIs are not aggravated felonies. If you have not been convicted, you still meet this requirement.
4. You warrant favorable discretion. Perhaps you have a family here and support them through a business. The length of time you have lived here and lack of a criminal record are other factors that can be looked at.

There are different requirements for the cancellation of removal procedure if you do not have a green card.

Application Requirements

You can only apply for cancellation of removal once, and you must do so in court. This means you must have all of the materials that address the four requirements ready for the court.

Typical documentation includes: tax returns, lease agreements and bank statements. You will also need to prove why you “warrant favorable discretion.” Sometimes this is proven by letters from friends and family stating why you should be allowed to stay.

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If you are facing deportation and are a legal permanent resident or are an attorney representing a client facing deportation, you can cancel a deportation action through filing a 42A form. This is a serious process and one that you can only do once. It is best if you have an immigration attorney to make your case. Contact Ronald P. Mondello, Esq. Attorney at Law for help today. We have helped clients in both New York and New Jersey.

Applying for naturalization is an important and meaningful step for many immigrants. In order to do so, you must submit the United States Citizenship and Immigration Services Form N-400. This form must be complete and accurate and you must follow all instructions for the application process. Failure to do so can result in serious delays in approval or even a denial of citizenship.

Recently, two changes have been made to the process of submitting Form N-400, which is now electronically processed by USCIS. Both of these changes should be noted and followed to best ensure a smooth application process.

Passport Photos

In the past, all applicants were required to submit a pair of passport photos with their Form-400. Now that the applications are electronic, the photographs will no longer be submitted with the Form-400 but will instead be taken when applicants come to their biometrics appointment at the Application Support Center. This eliminates the need to go get passport photos taken before submitting your application for naturalization.

Fingerprints for All Ages

Previously, only naturalization applicants under the age of 75 were required to appear in person to provide fingerprints and a signature at their biometrics appointment. This was largely because people can lose their fingerprints as they reach older ages, making it difficult to obtain identifying biometric information.

With the new electronic process, however, all applicants, regardless of age, will need to appear personally at the Application Support Center for a biometrics appointment. At this appointment, all applicants will have to provide fingerprints, a signature, and have their photo taken, as mentioned above. ASC has improved its technology so that fingerprints of older individuals may be used for accurate background checks. It is important to note, however, that applicants over age 75 will not be required to pay the fee for the biometrics testing.

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Documents and forms required for immigration purposes can be confusing and changes to such forms can lead to errors that can lead to delays or even denials of immigration rights. In addition, paperwork is only one of many steps in the immigration process. It is important to have an experienced NY and NJ immigration attorney helping you who understands all of the changing laws and documents so that you have the best chance of success in your case. If you want to discuss your situation, please call Ronald P. Mondello, Esq. Attorney at Law for help today.

Employers should be on notice that earlier this year, the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification. The United States Citizen and Immigration Service (USCIS) made the new form available on November 14, 2016, but employers may use the old I-9 through January 21, 2017.

According to a news release issued by USCIS, some of the most important changes to the form include the following:

• Section 1 now asks for “other last names used” rather than “other names used”
• The addition of new prompts to make sure that information is entered correctly
• The ability to enter multiple translators and preparers
• A dedicated area for including additional information
• A supplemental page for the translator or preparer

Perhaps the most notable change to the new I-9 is the ease with which it can be completed on a computer. The new form has calendars that allow users to fill in dates, drop-down lists, on-screen instruction for each field, easy access to the full instructions, and the ability to clear the form and start over. Furthermore, when an employer prints the I-9 out, a QR code is automatically generated that will be used by federal immigration officials. Importantly, the form is not an “electronic” I-9, meaning that is still must be printed out, signed, stored, and re-verified just like the older versions of the form.

It is Critical For Employers to Comply with Federal Regulations

As these changes take effect, it is important for employers to keep in mind that it is critical for them to maintain compliance with federal immigration law. Failure to do so can result in significant consequences, some of which may jeopardize the very existence of your business. For this reason, as an employer, you should regularly meet with an immigration attorney in order to review your policies and paperwork in order to ensure compliance with the applicable regulations.

Call 201-703-9400 today for more information.

Whether you are an employer that wants to ensure compliance with immigration law or an individual seeking asylum in the United States, attorney Ronald Mondello is here to help. Mr. Mondello is a seasoned immigration attorney that devotes a significant amount of his practice to foreign national criminal defense. To schedule a consultation with Mr. Mondello, call our office today at 201-703-9400 or send us an email through our online contact form.

If you are a foreign national and have been living in the United States without proper documentation, you may believe that your only option is to try to avoid immigration officials who will order removal proceedings. In addition, if you choose to leave the U.S., you may believe that you will automatically be banned from returning for a certain period of time. However, it is important to realize there may be other immigration options that can either allow you to remain in the U.S. or may allow you to return sooner on a lawful basis.

One such immigration tool is the Provisional Unlawful Presence Waiver (PUPW). Only some individuals are eligible for this type of waiver and the following is some information about how the PUPW works.

Lawfully Seeking a Visa

The Immigration and Nationality Act imposes penalties for individuals who remain unlawfully in the U.S. and one penalty is that they will be inadmissible for re-entry once they leave the country. Specifically, if you have been unlawfully present for 180 days to one year, you will have a three-year ban from re-entry.

This poses a problem for some undocumented immigrants who wish to apply for an immigrant visa to be able to be present legally. Many such immigrants are required to travel back to consulates in their home countries to apply for the visa. However, once they leave, they may be deemed inadmissible for the three-year period of time.

To solve this problem, U.S. Citizenship and Immigration Services (USCIS) makes available the PUPW. This waives the three-year period of inadmissibility and allows eligible undocumented immigrants to return to their home countries to obtain a visa without any additional interruption. To be eligible for a PUPW, you must meet the following criteria:

• You are at least 17 years old.
• You are present in the U.S.
• You are statutorily eligible for a visa and are in the process of visa application.
• You would be inadmissible for re-entry for three years due to unlawful presence from 180 days to one year.
• You can show that your inadmissibility would cause hardship to your family members who lawfully live in the U.S.

Call 201-703-9400 today for more information.

Waivers like the Provisional Unlawful Presence Waiver can help many families lawfully live together in the United States. If you would like to discuss your immigration rights and options in New York or New Jersey, please call Ronald P. Mondello, Esq. Attorney at Law for help today.