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Louisville Immigration Law Blog

SCOTUS decision might not help naturalized Serb immigrant

On one hand, the appellant can claim victory. On the other, it might not prove to be a win in the long run. Either way, an immigration law ruling today by the U.S. Supreme Court has significant implications.

As we have reported on this case previously, we think it only right to follow up with the latest developments. It does not represent a final determination so the appellant's challenge of deportation orders continues.

What's the right way to refer to myself under immigration laws?

Labels; we all use them. Applied to file folders, there purpose is clear. If they're applied to people, it can lead to misconceptions, misunderstandings and headaches, physical and legal.

Still, where immigration issues are concerned, labels are common. Whether we like it or not, there is recognized public interest in being able to know whether a person is a U.S. citizen, has permission to be here legally, is just visiting, or has overstayed the welcome granted by a visa. If a person has no legal documentation at all, that's something the courts have said the government has a right to know. Immigration checks have to be expected. At the same time, rights have to be protected.

Marriage may be a green light for a green card

You might be one of many Kentucky residents who met the loves of their lives somewhere far away overseas. The saying that love comes around when you least expect it may be true in such cases. Falling in love with a non-U.S. citizen immediately presents certain challenges if you hope to return to the United States to get married and begin your life as a couple. According to U.S. immigration law, there are several ways to help your non-U.S. citizen fiancé obtain lawful permanent residence.

You may have heard tales regarding various types of immigration situations, where a judge makes people wanting to enter the United States with appropriate documents and green cards wait years, sometimes decades, before they can achieve their goals. The amount of red tape involved in such matters tends to fuel an already complicated process, causing undue stress and disappointment on many occasions.

Why do USCIS fees change so much?

Most news headlines about immigration these days center on the matter of undocumented individuals. There is no doubt that the issue is a top priority on the political stage. The emphasis in the stories, thus, seems to be on examining how the government is handling removals and deportations.

What doesn't get much play is the fact that there are still a great many individuals and families seeking to immigrate legally to Kentucky and other states. Numbers seeking to become citizens continue to run high, as well, according to government projections.

Law-abiding undocumented immigrants still face deportation risks

The immigration system in the United States is ripe for reform. Is there anyone in Kentucky or any other state who would disagree with that view? Probably not. The problem, as has been so clearly in evidence for decades, is that no one seems to agree on what shape reform should take. Meantime, as leaders in Washington engage in a policy tug of war, people get snared in the rope.

Just because individuals lack proper documentation does not mean they are not entitled to protection of rights. Delivering that protection can be a challenge, however, and in the current state of the union, an advocate's depth of experience can be of significant advantage to anyone challenging government deportation and removal efforts.

When is a lie bad enough to warrant deportation?

Becoming a citizen of the United States isn't easy. Ask anyone in Kentucky who came into this country as a foreigner and went through the process. We're sure they will agree.

In light of that, it would seem logical that, once granted, it shouldn't be too easy for government to rescind that citizenship – the effects of which open the door to possible deportation, despite one's fears of persecution. However, as a case now before the U.S. Supreme Court shows one lie by an applicant may be sufficient to trigger such action.

U-visa: Protection for many undocumented immigrants

Kentucky and most other states in the nation are now home to many immigrants. Millions of people come to the United States from other countries in search of better lives. For some, business opportunities and investments draw their attention. Others, however, are actually running in fear, fleeing war-torn nations, abject poverty and imminent violence.

Sadly, not everyone who arrives in this state in hopes of building new, successful futures finds that the reality of their situations aligns with their dreams. Some, in fact, wind up facing further problems when they become victims of violent crime in their new surroundings. In 2000, the Battered Immigrant Women's Protection Act was created. Since then, the U-visa program has provided means for undocumented immigrants to seek protection from violent situations and people.

Is EIR a sustainable model for work visa workaround?

The concept of a Global Entrepreneur-in-Residence is one many in Kentucky probably don't know about. The first time many in the state may have heard of such a thing was last fall when Gatton College at the University of Kentucky announced the appointment of a native son to just such a role.

Those with experience overcoming immigration issues may have a better handle on the concept, especially in the wake of recent efforts to expand the application of who can potentially fill an EIR role to include non-immigrants seeking to see their dreams become a reality.

Can I bring my same-sex spouse or intended to the U.S.?

Same-sex marriage is now the law of the land in the United States. Not everyone in every state warmly embraces the notion, but it remains the law, including in Kentucky. As we have noted in at least one other post, love cannot be legislated.

Where marriages involving immigrants are concerned, the U.S. government's rules provide for ways to obtain a green card for a spouse. It isn't always easy, and the help of a skilled attorney can help provide the best likelihood of success.

Digging deeper into the L-1 visa

Good help is hard to find, goes the old saying. It's on the basis of that claim that many companies in Kentucky and across the U.S. look to fill certain positions with individuals from outside the country. As we noted in a post earlier this month, the need might be a temporary one, but that doesn't necessarily make things easier.

There is a long list of possible visas from which to choose. The challenge of identifying the appropriate permit presents a significant challenge in itself. Then, the company must explain why that foreign worker is better suited than a U.S. citizen for the post. An application, perhaps a string of them, must be filed with the U.S. Citizenship and Immigration Services in hopes that it will be approved.

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