US Immigration Law is a very complicated law, so at the request of the majority of readers who need to be knowledgeable and understanding about this law, Nguoi Viet daily newspaper invites Attorney Darren Nguyen Ngoc Chuong of Law Group Monk Nguyen & Luu, www.NguyenLuu.com, is in charge of the “Understanding Immigration Law” section, posted weekly on Vietnamese People. Attorney Darren Nguyen Ngoc Chuong is the first and only Vietnamese in Orange County, California, recognized by the California State Bar for his expertise in US Immigration Law. Currently, California has over 190,000 lawyers, but only 235 lawyers have professional degrees in Immigration Law, among them is Attorney Darren Nguyen Ngoc Chuong. Attorney Darren Nguyen Ngoc Chuong used to work for the United States Immigration Service (INS). Lawyer Darren Nguyen Ngoc Chuong has a lot of experience in setting up the profile and supplementing the necessary documents to be approved by the Immigration Department.
Darren Nguyen Ngoc Chuong, Esq.
In recent times, we have seen many applications for US citizenship rejected and applicants taken to immigration court for deportation proceedings.
There are more serious cases because the applicant is not only taken to immigration court, but also arrested by ICE at home and detained in ICE detention center waiting for immigration court to hear. .
Many of these cases occur because the applicant listens to the instructions of an attorney or the service is not knowledgeable enough about immigration law to apply for US citizenship.
Typically, a single applicant is sponsored by his mother, who is a permanent resident, to the United States under the F2B category.
After being granted an immigrant visa and before entering the United States, the litigant marries his girlfriend to facilitate the filing of a petition for his wife after he enters the United States.
Under immigration law, when the sponsor is a permanent resident, the petition is automatically canceled for the unmarried child only and when the child is married before the sponsor becomes a naturalized citizen of the United States. Go. In addition, the sponsored person must be single from the time of petition to the time of entry to the United States.
In this example, the person being sponsored because he wants to facilitate the sponsorship without having to return to Vietnam to get married and get married before entering the United States as an F2B is against immigration law.
But because the Immigration Department did not know that the applicant was married, the applicant was allowed to enter by the Immigration Department under the F2B category. After entering the United States, the applicant filed a petition for his wife and the application was refused by the consulate because he was married to his wife before entering the United States.
When the litigant comes to consult with the lawyer association Nguyen & Luu, we advise not to apply for US citizenship. Several years later, this person contacted our attorneys general and asked us to represent him in immigration court. The applicant said that because the service ensures that he will be naturalized, he has asked the service to apply for naturalization. The citizenship application was denied and the applicant was taken to immigration court for deportation proceedings.
Another typical example is that the litigant has a previous record of domestic violence, only 2 days in prison and 3 years suspended sentence. The applicant applies for US citizenship. Because of a criminal record more than 5 years before the application for naturalization and a prison sentence of less than 6 months, USCIS cannot refuse the citizenship application.
Under the deportation law, the person can be deported because of a history of domestic violence and under the citizenship law when the applicant is in a state of deportation the citizenship application must be refused. Therefore, the Immigration Department took the applicant to the immigration court to proceed with the deportation procedure and because the applicant was in a state of deportation, his citizenship application was refused.
When faced with immigration court, it costs a lot of money to have an immigration lawyer represent it and it takes a lot of time because the average deportation case is between 2 and 4 years long. The party in the deportation case must appear in court each time they have an appointment with the immigration court and only in exceptional circumstances (serious illness or death in the family) are they exempt from appearing in court.
The litigants in the two examples described above can avoid the issue of deportation if they consult with an immigration attorney and follow his or her guidance.
For that reason, for those of you who have a criminal record or whose immigration status is unclear, we recommend that you consult with an immigration attorney before deciding whether to apply for citizenship or not. are not. [qd]
At the request of our readers, the following is the visa information sheet for August, 2021.
Priority 1 – priority date is November 22, 2014, which means that priority is given to unmarried children over 21 years of age of US citizens.
Priority 2A – priority date is current, which means priority is given to a spouse, or unmarried child under the age of 21 of a permanent resident.
Priority 2B – priority date is September 22, 2015, ie priority is given to unmarried children over 21 years old of permanent residents.
Priority 3 – priority date is November 8, 2008, ie priority is given to married children of US citizens.
Priority 4 – priority date is March 1, 2007, which means priority is given to siblings of US citizens.
You can track your own monthly visa information sheet at the website of Nguyen & Luu Law Group, LLP at: www.nguyenluu.com
For inquiries, please contact: Attorney Darren Nguyen Ngoc Chuong or Lawyer Luu Trong Cam Thuong of Nguyen & Luu Law Group, LLP at 1120 Roosevelt, Irvine, CA 92620. Phone (949) 878-9888.
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