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November 2021

How To Get a Green Card in the United States

[vc_row triangle_shape="no"][vc_column][vc_column_text]Adjustment of Status is the process to get a green card in the United States. It is one of the most common immigration processes. This process allows a person to change their immigration status, whatever it is, to a lawful permanent resident status. If you are in the United States and eligible for this process, filing for Adjustment of Status with Form I-485 is the path to get your Green Card. With a Green Card you can remain in the United States as a legal permanent resident. As a permanent resident you can legally work in the United States. There is a variety...

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When Can I Use a Waiver?

[vc_row triangle_shape="no"][vc_column][vc_column_text]When a person is inadmissible to the United States and they want to apply for and get an immigrant visa, adjust their status, other nonimmigrant status, or even other immigration benefits, they will need to seek a waiver of certain grounds of inadmissibility. In the following article we will explore when a waiver is available for a person, and how they can be used. The process of filing and applying for a waiver is best completed with legal representation, so if you have been deemed inadmissible to the United States and want to know if you're eligible for a waiver,...

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Grounds of Inadmissibility: Part II

[vc_row triangle_shape="no"][vc_column][vc_column_text]In our previous article we explored certain grounds of inadmissibility and today we’d like to cover other grounds of inadmissibility. In our latest webinar, we explain most grounds of inadmissibility with greater detail. We recall that being inadmissible refers to not being allowed into or eligible to adjust status in the United States. I. Multiple Convictions A person may become inadmissible if that person has multiple convictions and the combine sentences add up to 5 years or more. Unlike other categories of inadmissibility this category looks only at the length of the sentence impose. Thus, even if one crime does not...

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Grounds of Inadmissibility: Part I

[vc_row triangle_shape="no"][vc_column][vc_column_text]Inadmissibility, in the immigration law context, is a finding that a person is not allowed to enter nor “adjust status” in the United States. In our previous webinar, we explained the concept in greater detail, and talked about some grounds of inadmissibility. In this article, we will explore some of the most common grounds of inadmissibility. I. Crimes Involving Moral Turpitude (“CIMT”) In essence, a CIMT is something that is morally wrong and unacceptable by current social standards. The crime must require that a person acts with intent to commit the crime, and not just recklessly or negligently. There are many types...

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What Is Inadmissibility? What Makes Me Inadmissible?

[vc_row triangle_shape="no"][vc_column][vc_column_text]When we first meet most of our clients, we often find ourselves explaining what an inadmissibility is. In short, inadmissibility is something that makes a person not allowed into to the United States, or allowed to adjust their status in the U.S. In some cases, even if you did something that would make you inadmissible you would fall within an exception to the general rules. In some other cases, if you are inadmissible, you may request a waiver to fix the problem that made you inadmissible. There are certain categories of inadmissibility that allows you to get a waiver, a...

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I Have a Past Conviction, What Can I Do?

[vc_row triangle_shape="no"][vc_column][vc_column_text]As we mentioned in a previous article, having past convictions isn’t the end of your immigration process, nor that you are necessarily ineligible for an immigration benefit. At the J. Molina Law Firm, we take an in-depth look at the details of your case, and we make sure that during our first meeting we develop a strategy that takes into consideration your entire history. If we cannot help you, we let you know immediately. So, you have been convicted of a crime- now what? In any case, the first step is to make sure you’re eligible to apply for a...

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Past Convictions and Residence

[vc_row triangle_shape="no"][vc_column][vc_column_text]The Adjustment of Status is one of the most common immigration processes in the United States, since this is one of the processes that can be done to achieve Permanent Residence. Often many people are surprised at how complicated an Adjustment of Status case can be to achieve their Legal Permanent Residence card (also known as Green Card). In those cases in particular, it is where our experience and skills make a difference. If your child or your parent have obtained a residence through marriage or has lived in the U.S. enough time to obtain citizenship, they can petition you...

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Meet Our Paperless Office

[vc_row triangle_shape="no"][vc_column][vc_column_text]Serving our clients is not only our mission, but our passion. The J. Molina Law Firm strives to provide excellent legal services with prompt competence, and we are constantly looking for the best ways to serve our clients. A key ingredient to our ability to deliver outstanding services quickly is our commitment to using technology to ease and automate operations. We are proud to be a “paperless office” because it makes our work more productive, and it reduces costs for our clients.    We use our secure internal policies and technology so you can work on your case at your own pace and when it’s most convenient for you - from anywhere in the world! This working method and...

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2021 DACA Updates

[vc_row triangle_shape="no"][vc_column][vc_column_text]Recently there have been updates on the DACA program that has a direct effect on DACA recipients and the program. On July 16, Federal District Judge Andrew Hanen decided that the Department of Homeland Security (DHS) violated the law because of the way the DACA program was created.  He stated that back in 2012, the Administrative Procedure Act (APA) was violated when DHS created the DACA program by exceeding the power that Congress had provided this executive branch when DHS did not follow standard procedure by going through notice and commenting rulemaking under the APA.   As of right now, the following are the most relevant points...

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Differences Between a Green Card and a Citizenship

[vc_row triangle_shape="no"][vc_column][vc_column_text]Sometimes, there can be uncertainty after achieving a goal. After becoming a green card holder, or legal permanent resident, you must wait 5 years (3 years, if you are married to a US citizen) to apply for a US citizenship. The process is called naturalization, and you can apply with form N-400 to get your US citizenship if you meet every requirement.[/vc_column_text][vc_empty_space height="10px"][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] Often we focus on how to achieve a goal without fully understanding the benefits of achieving the goal. In past posts, we have focused on how and when you can apply for U.S. citizenship. We have explained the naturalization process and...

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