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Kentucky Immigration Law Blog

New struggles for immigrant crime victims

Coming to the United States is a dream for many, but it does not always turn out the way they envision it. Those who become victims of crime, spousal abuse or human trafficking may find their opportunities in the U.S. dwindle away. Any of these circumstances may have left you with no chance to seek lawful status or to renew a visa you may have possessed.

Fortunately, the government offers special help in the form of a U visa for those who suffer from violence. Qualifying for this program is challenging, and recent changes in the immigration policies in the country may add even more complications to your request.

What is the L-1B visa?

There are many ways to legally enter the United States and make a home in Kentucky. One of those options is to secure an L-1B visa. The U.S. Citizenship and Immigration Services explains this type of visa can enable you to live in the U.S. as part of a transfer for work.

The L-1B visa allows your company to transfer you to this country to work if you have specialized knowledge and the company you work for here is an affiliate of the company where you will work in the U.S. Alternatively, a foreign company may send you here to establish a U.S.-based office.

Can extreme medical hardship stop deportation?

If you are a Kentucky resident who has received deportation orders, you may wonder if there is anything you can do. A Cancellation of Removal stop these proceedings and may occur under several circumstances, one of which is an extreme hardship consideration due to medical issues.

U.S. Citizenship and Immigration Services states that the officer involved in the case considers medical consequences. The Department of State may provide additional information regarding health care and conditions in the country to which you return.

Part of the U.S. border closed due to influx of migrants

According to the Washington Post, the San Ysidro border crossing, which sits between Tijuana and San Diego, typically experiences about 10,000 visitors per day. It was recently home to a clash between border agents and migrants from Central America, who are making their way to the border to illustrate their displeasure at the decreased paced of the asylum process in the U.S.

As the group of migrants approached, border agents fired tear gas canisters at the crowd in hopes to deter them. They also shut down a portion of the border to prevent entry, citing concerns about protesters. According to the Homeland Security Secretary, these steps were taken to preserve public safety.

Can you seek asylum in the U.S.?

If you are looking into seeking refuge in Kentucky but don't know where to begin, it can be a very daunting process. How do you know if you're eligible to seek asylum? What reasons can a person seek asylum for, and does yours fall among them?

FindLaw takes a look at the different reasons a person could seek asylum within the United States, which may be more varied than one might expect. First, it depends on your treatment in your home country. You must have an active fear for your life or well-being. For example, you could be living with the fear of an attack. You must be being persecuted for one or more of the following reasons, as well:

  • Nationality
  • Religion
  • Race
  • Political opinion
  • Social group membership

The reasons people immigrate to Kentucky

Whether you just arrived in the United States within the past month or have been living and working here for more than a decade, as an immigrant, you may have certain things in common with others who traveled similar journeys to Kentucky. There are generally several reasons why people from other countries of origin decide to immigrate to the U.S.

One can categorize such reasons in two ways: push or pull. If you left your initial homeland because of adverse circumstances, you may have come to the U.S. for reasons in the push category. If something or someone in the United States was the reason you decided to come here to live, then your situation falls under the pull category. In either case, you likely encountered numerous challenges as you adapted to your new lifestyle.

Citizenship question on census could be removed by Democrats

A question regarding citizenship that was introduced to the census form March of this year has come up for debate now that Democrats have control of the House of Representatives after the recent elections. According to U.S. News & World Report, the inclusion of the question was originally thought to stem from an attempt at voter suppression, and as a result many called for it to be investigated before it was included.  

With the control of the House, Democrats now want the 2020 census form revamped to exclude the question. Along with a bill that would be used for funding if the census form needed to be revised, 18 states have already sued with the hopes that the question is removed. Claims have been made that immigrants are less likely to fill out a census when questions regarding citizenship are present, which will impact their communities politically.

What are the categories for green card eligibility?

There are many ways you can qualify to get a green card. Having this document enables you to live in the United States without fear of being deported from your home in Kentucky. However, to qualify, you do have to meet some specific requirements and fall into one of the qualified categories.

U.S. Citizenship and Immigration Services explains that one of the easiest ways to qualify for a green card is to fit into the family category. This would mean that you are a relative of a citizen. You do have to be a close relative and age limits may apply in some situations.

What is temporary protected status?

Temporary protected status is afforded by the Secretary of Homeland Security to immigrants coming from countries deemed unsafe, either due to unrest or because of a natural disaster. When this status is granted the person is not able to be removed from the country, can be authorized to work, and may even be permitted to travel in some situations. The U.S. Citizenship and Immigration Services (USCIS) offers the following information on TPS and how to determine eligibility.

Countries currently listed

What can I expect during the immigrant visa process?

In order to apply for an immigrant visa, a petition must be submitted on your behalf. This and the subsequent steps can be quite complex, and knowledge of your rights and responsibilities is a must if you hope for your application to be approved. The U.S. Department of State offers the following information in this case, which details each step of the process.

Submitting a petition