Immigration Blog

Unlawful presence occurs when a non-U.S. citizen remains in the United States beyond the period of time authorized by the U.S. Immigration Agencies. The term also refers to persons present in the United States without being properly admitted or paroled. Penalty For Unlawful Presence- The Three & Ten Years Bar Any non-U.S. citizen who was or is unlawfully present in the United States for a period of more than 180 days but less than one year, and voluntarily departs from the United States, before the commencement of removal or deportation proceedings, is barred from admission into the U.S for three… Read More

[vc_row][vc_column][vc_column_text css=""]Beginning August 15th, 2012, USCIS will start accepting deferred action application from applicants. The application for deferred action can be concurrently filed with an application for work authorization document. The Immigration application fee will be $465.00. USCIS Background Check for Deferred Action Application Applicants will be required to undergo biographic and biometric background checks. Applicants convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety, will… Read More

Deferred Action is a discretionary determination to defer removal or deportation action of an individual from the United States. Individuals granted Deferred Action status are eligible to receive employment authorization for the period of Deferred Action (which is two years subject to renewal) provided he or she can demonstrate “an economic necessity for employment.” Applicants must demonstrate eligibility for Deferred Action status through verifiable documentation. Guidelines of Requirements for Applying for Deferred Action for Childhood Arrivals In order to be considered for Deferred Action for Childhood Arrivals; applicants must submit evidence, including supporting documents, showing that they: Were under the age… Read More

The U.S. law makes it an immigration and criminal violation for non-U.S. citizens to vote in Federal, State or local election, which requires United States citizenship in order to be eligible to vote in such elections. A non-citizen, who does vote, is in violation of Federal, State, or local law and is inadmissible and deportable from the U.S. Exception For Lawful Permanent Residents. (Green Card holders) There is an exemption from deportation and criminal prosecution. This is reserved for certain non-U.S. citizens who vote or register to vote in the United States on the mistaken belief that they are U.S.… Read More

Recently, President Obama has expressed his view in support of same-sex marriage. This has raised a lot of questions in the Christian community as to his religious convictions. Some have asked what bible is the president reading. While others have questioned his political agenda. My goal in this blog post is not to explore the president's view from a religious or political point of view but rather from the Immigration Law point of view. What does the president's view on same-sex marriage mean for the United States Immigration Law? Under the U.S. federal law, marriage is defined as a union between… Read More

Most illegal or undocumented immigrants who brought their young children with them eventually had other children born in the U.S. and hence U.S. citizens. These parents with both U.S. citizen children and non-U.S. citizen children unlawfully in the US are often heartbroken by the choices they have to make. How does a parent explain to his or her two teenage children, one, a U.S. citizen and the other a non-U.S. citizen that one can stay in the U.S. while the other cannot? How does he or she explain that one child must go to an unknown land while the other… Read More

Efforts are being made to block President Obama's recent undertaking to stop the deportation of illegal or undocumented immigrants brought into the US as children by granting them deferred Action. The GOP has introduced a bill to that effect. The opposition has criticized the president for allegedly bypassing Congress in making its recent decision on deferred action. The alarming twist is that some undocumented immigrants have no idea that they are unlawfully in the U.S. Take, for example, most children brought unlawfully into the United States at an early age grow up thinking they are American Citizens. They have no recollection… Read More

Deferred Action: Janet Napolitano, Secretary of Homeland Security announced on June 15th 2012 that with immediate effect, certain illegal or undocumented immigrants who were brought to the United States as young children, and do not pose a risk to national security or public safety, and meet the following criteria will not be deported from the United States. Qualified individuals are required to show that: They came to the United States under the age of sixteen; They have continuously resided in the United States for at least five years preceding June 15th, 2012 and are present in the United States on… Read More

Welcome to my immigration blog. My name is Osarumwense Iyamu. Osas for short. I am an Immigration attorney and has been in the exclusive practice of Immigration law since 2007. The purpose of this blog is to educate and keep my readers updated on what's going on in the U.S. immigration law. Please feel free to subscribe, send feedback, suggestions, and recommendations. Let's get the ball rolling! Read More

The United States Citizenship and Immigration Services USCIS  has launched a web-based immigration benefits system called USCIS ELIS. This is a welcome development, especially in the age of technological advancement. It has long been overdue. Historically, USCIS customers have had to apply for most benefits by mail and USCIS employees then review paper files and ship documents between offices to complete the adjudication process. The new system will 1. Modernize the process for filing and adjudicating immigration benefits in the United States. 2. Enable USCIS officers to review and adjudicate online filings from multiple agency locations across the United States.… Read More