Monday, February 26, 2007

Humanitarian Reason

By, Edward Juarez
Immigrant's Voice (TV program)
Column: Week February 19 -25, 2007
Give your opinion on our Immigration Forum
Edward's Blog


Edward Juarez

Founder and President


Will I lose my residence if my petitioner dies?

Luckily the Congress of the United States has anticipated this problem and has including in the Immigration Act a clause to protect “certain” immigrants, permanent relatives of citizens or permanent residents.

The Family Sponsor Immigration Act of March 13, 2002 allows to self-petition to all the immigrants whose petitioners have died after the approval of the original request. With the exception of the widows of citizens; the immigration agent, has the discretion power to approve or to deny a case, after considering the bases presented to justify a “humanitarian reason”. In addition, the request must be presented before turning two years of the death of the petitioner, and it will require itself that a near relative (resident or citizen), replaces the petitioner; becomes your guarantor before the American government to justify that you will not become public charge.
This clause loses validity if the beneficiary is spouse of a citizen or resident and marries again before presenting the self-petition and obtaining the residence, since the state of widowhood finishes.
The relatives who can continue the request are: spouse, parents, parents-in-law, brothers, children of 18 years or older, brothers-in-law, even grandparents, grandsons, and also the legal guardian of the immigrant beneficiary.

In order to obtain the residence with a self-petition, you must consider my 5 fundamental points that they will determine the final result. Consider your intention, demonstrate good faith and admissibility; prepare you case with much care remembering the discretion power that the immigration official has when considering your case.

Wednesday, February 21, 2007

When the Relationship is Over

By, Edward Juarez
Immigrant's Voice (TV program)
Column: Week February 13, 2007
Give your opinion on our Immigration Forum
Edward's Blog


Edward Juarez

Founder and President

The separation and the death of loved ones are the most devastating events of our existence! For an immigrant in process to obtain his permanent residence, the legal end of his relationship with the petitioner becomes one of the most tragic periods of delay of his life and a time of great uncertainty.

Thousands are caught without protection. It happens before the period required to obtain the legal benefits or before the approval of the proceeding, and many, although they could benefit cannot demonstrate that they will not become a public charge, and therefore they are eventually removed of the country, without any defense.

Generally, the immigrant desperate for his legalization and without proper advice from a professional consultant's office, clings to the first option that finds; his citizen or resident relative, or his own employer. Risking everything for his legalization he forgets that the petitioner, although is a person with desire to help him, lacks the necessary means to guarantee economic solidity or simply; that he is old and he could pass away during the process.

Like in everything; a professional analysis, a good strategy of diversification and a meticulous preparation of the case, can be of transcendental importance.
When the United States government considers the admission of an immigrant, it reviews dozens of contingencies that could characterize the immigrant as inadmissible. Also, you must reflect on your future admissibility. I mean that you must consider several points; not only the relation that you maintain with the petitioner; but also the age, physical conditions and economic position of the petitioner, before beginning the process of residence. This way you will be prepared for any outcome.

Tuesday, February 13, 2007

Love and its Conflicts

By, Edward Juarez
Immigrant's Voice (TV program)
Column: February 13, 2007
Give your opinion on our Immigration Forum
Edward's Blog


Edward Juarez

Founder and President

Thousand of fiancés or spouses of citizens remain separated, for not observing the most basic details when love is in conflict with immigration law, when applying for residency, or visa “K”.

In order to even avoid unnecessary delays and the rejection of your case, seriously consider the application of my 5 points:

1) The Intention: to enter the country must be to reunite with your loved one or get married within 90 days.

2) Good faith: Demonstrate that they have met in person, the relation that has existed for the last two years and that they are prepared to marry.

3) Admissibility: Prove that he or she will not be public charge to government; that he or she enjoys good health; that he or she does not have criminal records and that he or she reunites all the conditions for admissibility to the country.

4) Preparation: prepare an album that contains a compendium that relates the history of your relationship, from how and where you met, up to the last events that motivated you to form a family. Include photos of those memorable private moments; with friends and relatives, and place an inscription to each photo to identify who is who. Enclose copies of emails, letters, card of invitation to the wedding, the preliminary list of guests, and everything what demonstrates that your intentions are legitimate.

5) Power of discretion: Remember that the immigration official or agent has the power of discretion and will consider everything what has been enclosed very carefully. Inclusively, in most of the cases, he will require an interview to confirm your intentions, good faith and admissibility, before granting the residence or the “K” visa, before you can celebrate your love in the USA.

Thursday, February 08, 2007

Contagious Diseases and Your Residency (Part2) part 1

By, Edward Juarez
Immigrant's Voice (TV program)
Column: February 05, 2007
Give your opinion on our Immigration Forum
Edward's Blog


Edward Juarez

Founder and President



Can an immigrant with a contagious disease obtain a residency?
A person is considered unacceptable to enter and stay in the United States if they have the HIV virus, tuberculosis, use drugs or lack any necessary vaccines. Therefore they will not be permitted to enter, or can be deported or removed form the country.

The U.S government position might seem inhuman viewed from a general context. This is why it is very important to quickly analyze the reason for the position and the solution to protect a sick immigrant. The official documents of immigration of 1996, makes all immigrants who can become a load to the public inadmissible. Immigrants with HIV or any other contagious disease is a person that can become a public burden because of its inability on covering the big expenses associated with their diseases treatment.

A bearer immigrant of any contagious illness should revoke their inadmissibility before obtaining the residence or a temporary visa so that they can be permitted to enter the USA. To obtain this, you should do the following three steps: 1) prove that you have an immediate relationship with a resident or citizen, like a spouse, parent or single child. 2) Professionally prepare an application to be exonerated and permitted to enter the USA. 3) Enclose the following documents: A letter from your doctor stating that you are under treatment and that your condition does not gives a threat of a public epidemic and that you are receiving counseling to prevent spreading your illness; prove that the immigrant has medical coverage; and prove that you wont be a public burden.

Remember that there is always much more to analyze before formulating a legal strategy

INTERNATIONAL IMMIGRANTS FOUNDATION
33 years, Guiding, Legalizing, and Educating Immigrants since 1973

O.N.G. UNITED NATIONS E.C.O.S.O.C.

IMMIGRANTS
BUILDING
: 7 W. 44th St., New York, N.Y. 10036

(212) 302-2222 – email: www.InmigrantsFoundacion.com


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