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Articles tagged with: Nick Misiti

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[15 Dec 2012 | No Comment | ]

The Violence Against Women Act protects battered and abused immigrants from their abusers. Immigrant victims of child abuse, domestic violence, or elder abuse can “self-petition” for lawful permanent resident status without the cooperation of the abuser. Upon approval, the petitioner receives work authorization and the ability to apply for lawful permanent residency.
To be eligible to apply for status under VAWA, a person must be a spouses, former spouse, child, or parent of abusive U.S. citizens or lawful permanent residents. If divorced, an immigrant can still self-petition if the termination of …

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[19 Sep 2012 | No Comment | ]

Deferred Action for Childhood Arrivals (“DACA”) is a recent policy change which has given many young people brought to the US illegally hope for a somewhat normal future.  However, after 1 month of accepting applications, it is clear the program is fraught with potential risks and complications.  For those who think it is simply filling out a few forms, it is crucial that an experience immigration attorney be involved in the process because the consequences of misfiled applications can be so serious.
For those that don’t know DACA grants a quasi-legal …

Legal »

[31 Aug 2012 | No Comment | ]

What is an I-601 Waiver?
A common misconception non US citizens have is that they can easily solve there immigration problems by marrying a US citizen.  In certain cases this may be the answer, however, if the non US citizen is deemed to be “inadmissible” they are going to have further complications.  In such situations an I-601 waiver of grounds of inadmissibility may be appropriate.
When is an I-601 Waiver needed?
The most common reason people need a waiver is that they entered the country illegally or triggered the 3 or 10 year …

Legal »

[28 Aug 2012 | No Comment | ]

On January 6, 2012, USCIS (“United States Citizenship and Immigration Service or Immigration”) published a change to implement the processing of unlawful presence waivers within the U.S. for certain family members of U.S. Citizens.
This new regulation could allow immediate relatives of U.S. citizens (parents, spouses, or children under the age of 21 and unmarried) who are eligible for Resident Status (Green Card) to file a Waiver of inadmissibility while in the U.S. and receive a decision on the waiver prior to traveling to a U.S. Consulate.  An approved waiver would …

Legal »

[27 Aug 2012 | No Comment | ]

Recently the controversial Secure Communities program has been expanded to New York.  The program requires local jails to match fingerprints against a federal immigration database. Immigration and Customs Enforcement (ICE) then has the local jails detain people they think may be in the country without authorization, while it decides whether to proceed with deportation/removal proceedings.
This means that individuals who are not citizens of the U.S. may be subjected to detention and removal proceedings if they come into contact with local law enforcement.  Now more than ever it is important for …