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Kentucky Immigration Law Blog

What to expect from the deportation

Deportation is the process of removing immigrants who fail to have the necessary citizenship documents in place. The process can be quite upsetting for families, especially based on recent occurrences in the news. Understanding deportation is important, as is securing reliable legal assistance. In Louisville, KY, Vickerstaff Law Office, PSC offers the following information to ensure their clients can receive the help they need when faced with deportation.

According to USA Today, there are approximately 1.1 million undocumented immigrants are currently living in the U.S. Undocumented immigrants are typically apprehended in one of three ways. Local police offices may make an arrest as a result of another offense (such as a traffic violations). Undocumented immigrants can also be detained at the border when attempting to cross. U.S. Immigration and Customs Enforcement (ICE) may also apprehend immigrants, and this can occur at home, at work, or even at children’s schools.

Why is U.S. citizenship usually denied?

When applying for U.S. citizenship, you may have concerns about your application being denied. Knowing reasons why applications are commonly turned down can give you an idea of what mistakes to avoid, which can make for a much more successful process overall. USImmigration.com offers the following information in this case, which features several common reasons why U.S. citizenship is denied.

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Reviewing family preference immigration quotas

Many around the world have aspirations of immigrating to the U.S. and settling in areas like Louisville. Yet given the complexities of U.S. immigration law, some of those who have this goal will first seek to obtain legal entrance to and residency in the country themselves and then send for the families to join them. This can often ease some of the restrictions potential immigrants face when applying for entry to the country due to the fact that preference is given to applicants who already have family members here. There is, however, a quota on the number of immigrants allowed entry through the family preference program

Per the Congressional Research Service, those who qualify for the family preference program include applicants sponsored by family members and those who are immediately relatives. In this case, "immediate relatives" are considered to be: 

  • Spouses
  • Parents 
  • Unmarried minor children

What are the specific requirements for asylum?

Seeking political asylum is a way that you might be able to remain in the United States for an extended period of time. However, it is not available to everyone. There could be restrictions placed upon you once you obtain asylum, so it would probably be wise to confirm that this is the method by which it is most advantageous for you to remain in the country before applying.

To begin the process of applying for asylum, you would have to fill out a specific form offered by the U.S. government. If the relevant government bodies approve your request, you should be able to stay in the United States.

Obtaining a 601 waiver for extreme hardship

For most people, separation from family and other loved ones is a hardship. You may be willing to make any sacrifice to be with your loved ones and find it overwhelming to be apart for any length of time. This is why the thought of deportation and leaving your family behind in Kentucky may be too much to bear.

Nevertheless, if you are in danger of removal or ineligible for re-admittance into the U.S., you may feel more than sorrow about separation from your family. If you have a loved one who depends on you, obtaining permission to enter or re-enter the country may be a matter of life and death.

What is the process to become a U.S. citizen?

If you are living in Kentucky and are not a U.S. citizen, you may wonder if you could become a citizen. The process is often talked about. People typically talk about how hard it is and how expensive, but they rarely talk about exactly what the process involves. Before you write it off as something you cannot do, take some time to learn about the process. You may be surprised at what you find out.

According to U.S. Citizenship and Immigration Services, the first step is to get Form N-400, which you need to fill out to apply for citizenship. You also should make sure that you are not a citizen already. Some situations can be confusing, leaving you unaware that you are already a U.S. citizen. You could have gained citizenship from your parents at birth even if you did not live in the country at that time.

Defining defensive asylum

People living in Kentucky hoping to attain asylum may attempt to remain in the United States through applying for affirmative asylum. However, according to Findlaw, some applicants for asylum may end up in removal proceedings and will have to send a defensive asylum application instead. A defensive asylum process is more adversarial than affirmative asylum and can often be the last chance for many applicants to remain in the United States.

When someone is in a defensive asylum process, the person is in a removal proceeding which takes place in immigration court. The judge preceding over the case will hear from the person seeking asylum and the applicant’s legal representation and from an attorney employed by Immigration and Customs Enforcement (ICE). The aim of an asylum applicant is to convince the judge that he or she is eligible to stay in the United States and to avoid being removed from the country.

What can I expect during the naturalization process?

If you’re hoping to become a U.S. citizen, you’ll need to go through the naturalization process towards citizenship. This process can be exceedingly complex and without the right assistance you’re bound to feel a little lost. The U.S. Citizenship and Immigration Services (USCIS) offers the following information so you know just what to expect when on the path to becoming a citizen.

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Immigration hurdles involving your fiance or spouse

We have covered many of the different immigration challenges people face whether they move to the U.S. for work or to live with a loved one. For those who are engaged or married, immigration issues can be especially difficult for a variety of reasons. Aside from making sense of immigration laws, these cases can be especially emotional for couples. Whether you have already moved to the U.S. with your partner and are facing challenges or you plan to make the move in the near future, it is pivotal to ensure that any immigration problems you encounter are addressed properly.

There are many factors to take into consideration when it comes to family immigration cases involving couples. For example, some people may be able to obtain a green card by tying the knot. However, there are a number of requirements which must be met and it is crucial to approach the process correctly. Moreover, even those who are already married may face obstacles when they try to immigrate.

Is the U.S. government calling foul on your marriage?

When you met the person of your dreams and started planning your Kentucky wedding, you assumed you would encounter various challenges along the way, since you were emigrating from another country of origin to marry a U.S. citizen. On the personal side, you may have wondered whether your two families would be able to combine customs and traditions to create a joyful ceremony and wedding day celebration.  

You may have become anxious as you thought about the green card process, hoping you wouldn't run into any legal trouble. When you are a non-citizen who marries a U.S. citizen, there are several situations that may occur to cause immigration officials to question whether your marriage is legitimate. If this happens, the U.S. government may require you to attend a Stokes interview. The more you know about such issues ahead of time, as well as what type of support is available to help you if a problem arises, the better.