Pathways Immigration Law

Immigrant Stories of Hope and Fear

Mon, 11 Sep 2017 11:06:12 -0700

In late 2001, 4-year-old “Erin” was living in Athens with her parents and three brothers, in an apartment above the family’s store. She knew that her brother and father had traveled back and forth to the United States a few times, but when her parents made the decision that the entire family would go together and stay permanently, she was very nervous. “I didn’t know the language or what it was like on the other side of the world, but at the same time I was excited to see new things,” says Erin, who today is a 20-year-old woman and recipient of the Deferred Action for Childhood Arrivals (DACA) program, which the President announced last week will be terminated.

Erin still doesn’t know exactly what her parents discussed when they made plans for the family to move permanently to the United States. She remembers that they all arrived together by airplane on December 14, 2001, with visitor visas, which usually permit holders to stay for 6 months.

One of her first memories in the United States was her father taking the family to Brookfield Zoo, in Brookfield, Illinois. “I remember it being cold, and I saw a lot of people that would stare at me because I didn’t speak English,” remembers Erin. Having grown up in the U.S. for the last 16 years, Erin is now as fluent in English as any other young American adult.

Until last year, when her DACA status was granted by United States Citizenship and Immigration Services (USCIS), Erin was undocumented, because the family had overstayed their visitor visas. “My life since I've arrived [in the United States] has been a couple of rough patches and good patches,” Erin says. “Rough due to the fact that we didn't have papers so working was hard, but good because my parents still managed to support us and still found work to give us a better life.”

Erin says the DACA program changed her life because she got a work permit, a social security number, and a driver’s license, enabling her to get a job and start...Read More

10 Potential Immigration Options for the Undocumented

Sun, 13 Dec 2015 10:28:09 -0800

There are currently some immigration options that may apply to an undocumented immigrant, depending on the individual situation. Always check with a qualified immigration attorney to ensure you qualify for one of these benefits before you submit an application.

1. Petition by a qualified family member.

Your qualified family member must be a U.S. citizen or lawful permanent resident (LPR) spouse, child over 21, or parent. Considerations include how long have you been in the U.S. without immigration status (called unlawful presence), as well as whether you have any criminal history.

2.Battered spouse, child or parent of a U.S. citizen, or spouse or child of an LPR.

The Violence Against Women Act (VAWA) applies to men as well as women. If you are a spouse, you must prove the bona fide nature of your marriage, as well as document the abuse.

3. U Visa for crime victims.

You must be a victim of a qualifying crime (domestic violence is included), and there must be a certification from a law enforcement agency.

4.T Visa for human trafficking victims.

A form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life.

5.Deferred Action for Childhood Arrivals (DACA) (also known as "dreamers")

You must have arrived in the U.S. before age 16, be in school or have a high school degree or its equivalent, be able to show physical presence in the U.S., especially on June 15, 2012, among other...Read More

CAN TPS HELP ME? THE FACTS ABOUT TEMPORARY PROTECTED STATUS.

Sun, 08 Nov 2015 22:00:00 -0800

WHAT IS TEMPORARY PROTECTED STATUS (TPS)?

Temporary Protected States (TPS) is a designation that the United States government provides to a foreign country due to conditions in the country that temporarily prevent the country's nationals from returning.

What are some examples of temporary conditions that may cause the US government to designate a country for TPS?

Ongoing armed conflict (such as a war)
Environmental disasters (such as an earthquake)
An epidemic

Once a country is designated, individuals already in the United States may apply for TPS during the registration period. It is important to note that while individuals who are granted TPS by the US government are allowed to temporarily stay in the United States and obtain a work permit, TPS does not directly lead to the ability to permanently reside in the United States. TPS is not a path to lawful permanent residency (green card), nor is it a path to citizenship. Even so, many people would benefit from this important protection.

IMMIGRATION BENEFITS FOR SAME-SEX COUPLES

Sun, 04 Oct 2015 22:00:00 -0700

Can I sponsor my same-sex spouse for a green card?

The answer is now an unequivocal “yes.” On June 26, 2013 the U.S. Supreme Court in United States v. Windsor found Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Before the Windsor decision, DOMA prevented the federal government from recognizing the marriages of same-sex couples for immigration purposes. This decision ended the unequal treatment of same-sex and different-sex marriages in the immigration context.

Since the Windsor decision, U.S. Citizenship and Immigration Services (USCIS) is required to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of a different-sex spouse.

What this decision means in practical terms is that United States citizens and lawful permanent residents may file a Form I-130, Petition for Alien Relative, on behalf of a same-sex spouse. U.S. citizens may also petition for a fiancé or fiancee who is a foreign national of the same sex, using Form I-129F. As long as all other immigration requirements are met, an engagement may allow your fiancé to enter the United States for marriage.

If your state doesn’t recognize same-sex marriage, but you get married in another state or foreign country that does, you may still file a petition for your spouse. Immigration law follows the “place-of-celebration rule.” This means that a marriage that’s valid where it happened is valid everywhere. Just as USCIS applies all relevant laws to determine the validity of a different-sex marriage, it also applies all relevant laws to determine the validity of a same-sex marriage. An individual U.S. state’s laws and policies on same-sex marriages do not determine whether USCIS will recognize a marriage as valid.

Couples in civil unions or domestic partnerships are not eligible to take advantage...Read More

WHAT ARE THE BENEFITS OF BECOMING A UNITED STATES CITIZEN?

Mon, 28 Sep 2015 22:00:00 -0700

Naturalization is the process to become a United States citizen. United States citizenship offers many benefits that are unavailable to Lawful Permanent Residents ("green card" holders) as well as other immigrants. United States citizenship includes the following benefits:

US passport and the perpetual right to return to the United States. US citizens can leave the United States for any amount of time and have the right to return.

The full protection of United States embassies in other countries.

The ability to petition for certain immigrant family members to live permanently in the United States. US citizens may not have to wait as long as "green card" holders when petitioning for certain family members.

The ability to apply for a federal job

The right to compete for elected office

The right to vote.*

*THE RIGHT TO VOTE IS ONLY AVAILABLE TO UNITED STATES CITIZENS.
This is particularly important in the state of Illinois, as the Department of Motor Vehicles often provides individuals with voter registration documents...Read More