I'll stay... as long as you love me

For singer Justin Bieber, things are getting worse. He turned himself in to authorities in Toronto, Canada, this week on charges of assaulting a limousine driver. And over 100,000 people have signed a petition to the White House, asking that Bieber be deported. How could these two events impact Justin's future immigration status in the United States?

Don't make him fade away.
Photo used under Creative Commons license from @ilovejb123 on Flickr.

If it turns out that Justin is convicted of crimes in any country, and he decides to apply for a green card, he will have to explain his criminal record. Applicants for certain types of immigration benefits, such as asylum or a green card, must disclose any prior criminal convictions. This is true whether the crime occurred in the U.S. or in any other country. If a person doesn't disclose his or her criminal record, it is likely that the government may still find out. Prior criminal convictions won't necessarily prevent someone from getting approved for immigration benefits, but it is important to talk with an attorney before applying to be aware of any risks. The list of crimes that can impact someone's immigration status is very complicated, and an experienced attorney can help determine whether someone's record will cause problems.

Could the White House petition result in Justin's deportation? It's very unlikely, because Justin's crimes likely aren't serious enough to qualify him for deportation. He also has many fans in the U.S. who would like him to stay! Having broad support from your community can be important in certain immigration settings. Under certain circumstances, the law allows the government to exercise discretion, and decide whether a person should be allowed to stay in the United States despite some mishap. Again, it is important to talk to an attorney before requesting prosecutorial discretion. An attorney can help you figure out whether your circumstances would qualify you to apply, and whether you would have a good chance of success.

Glickman Turley's Client Gets Promising Ruling in Immigration Appeal

One of our clients came to us when she found out she was facing deportation. After her case was rejected by an immigration judge and the Board of Immigration Appeals, Glickman Turley attorneys filed an appeal in the First Circuit Court of Appeals. We requested a stay of removal for this client, so she could remain in the U.S. while her appeal was pending. The stay was granted, but the court also identified several issues it found relevant to her claims. Specifically, the court requested information on the question of whether there was "substantial evidence" to support the BIA's findings that our client would be able to find work in her home country and that she might have been aware of misconduct by her spouse many years ago. It also questioned the BIA's authority to review credibility findings and whether our client's stated intention to exercise her rights under U.S. law, should she become a citizen, could be held against her. 

Although our client's appeal is not yet decided, this is a promising sign. We will exercise our best efforts to fight for her ability to stay in the U.S.

If you are facing deportation, or if you want to change your immigration status, Glickman Turley can help. Contact us today about your immigration issue.

New Provisional Unlawful Presence Waiver Process Begins March 4

Beginning March 4, certain immigrant visa applicants who are the spouses, children and parents of U.S. citizens (immediate relatives), and who have been unlawfully present in the U.S., will be able to apply for a provisional unlawful presence waiver through a new process.  

Under the old process, individuals who entered the U.S. lawfully and met all other requirements were allowed to apply for permanent residence while remaining in the country.  However, individuals who entered without inspection could not adjust their status from within the United States.  Instead, they were required to leave the country in order to obtain an immigrant visa from the U.S. embassy and/or consulate before they could return to the U.S. and be admitted as lawful permanent residents.  They had to first be found inadmissible at their immigrant visa interview before they could apply for a waiver of inadmissibility.  Adjudication of a waiver of inadmissibility overseas often took a long time and led to the prolonged separation of these immediate relatives from their family in the U.S.

Under the new process, an immediate relative who meets the requirements will be able to apply for the waiver and obtain provisional approval before leaving the United States for the immigrant visa interview with a U.S. embassy or consulate abroad.  This will significantly reduce the amount of time that U.S. citizens are separated from their immediate relatives.  As long as there are no other issues of eligibility and/or grounds of inadmissibility, the DOS consular officer should be able to issue an immigrant visa within a reasonable amount of time.

You can read more information about eligibility and the filing process here.