The USCIS Disciplinary Counsel may initiate formal disciplinary proceedings, which can result in censuring, suspending, or disbarring an attorney or accredited representative from practicing before the Immigration Courts, the Board, and DHS.
If so, the organization will discipline the attorney as appropriate. Attorneys can be disciplined for various reasons - from failing to pay their bar dues to misappropriating client funds to gross ethical violations. Some attorneys who have been disciplined are no longer eligible to practice law.
U.S. Citizenship and Immigration Services (USCIS) cannot recommend a representative, but the USCIS Find Legal Services webpage provides general information about obtaining professional representation.
USCIS approves the second L-1 petition (Form I-129) for the noncitizen but denies the accompanying application to change status from B-2 nonimmigrant visitor to L-1 because the noncitizen was out of status at the time the petition was filed.
The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.
If an applicant and/or petitioner submits a duly executed Form G-28 notifying USCIS that he/she is represented by an attorney or accredited representative, USCIS will send notices to the applicant/petitioner and to the applicant's attorney or accredited representative.
An attorney at the USCIS interview would: Provide Clarifications, Explain Facts and Provide Legal Arguments. If there is a need to clarify a question (by the adjudicator) or an answer (by the applicant), it is the attorney's role to “jump in” and provide such clarification in order to keep the interview on track.
Find the USCIS office address on the most recent notice you received from USCIS. Send us a letter saying you want to withdraw your legal representative and intend to continue your case without any legal representation. If you do so, USCIS will communicate only with you. The USCIS office where your case is pending.
In today's age of social media where almost every activity is being shared online, with just a simple search about you or your employer, the USCIS can have access to evidence confirming unauthorized work.
In any case, if your green card has been taken by an immigration officer at the airport or other port of entry, consult a qualified immigration attorney immediately for help. Our law office can assess your situation and see how best to help you. Call us for a consultation. 770-612-3499.
One of the benefits of having a lawyer at a citizenship interview is that we are allowed to ask for clarification. If you are ever confused by one of the questions the USCIS officer asks, your attorney can communicate the issue with the question.
The simple answer, of course, is that it is impossible to know whether USCIS knows if an applicant for a green card or for naturalization is lying to them. The safe assumption is that they DO know everything about you and that, if you lie in the interview, you will be caught.
U.S. Immigration law does not require you to have a lawyer represent you for a green card. If you are already married, then the person who is already a U.S. citizen will petition for their partner. If this is the case, you must fill out three forms for a marriage green card.
An attorney or a DOJ-accredited representative can represent you before USCIS. Your legal representative must file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with the related application, petition or appeal.
Once a petitioner sends their written statement to the USCIS about withdrawing the application on behalf of their beneficiary, it takes the agency on average 1-3 months to process the withdrawal and send a formal decision letter back to the respective family.
What Is the Purpose of Form G-28? This form is used to establish the eligibility of an attorney or accredited representative to represent a client (applicant, petitioner, requestor, beneficiary or derivative, or respondent) in an immigration matter before U.S. Department of Homeland Security (DHS).
The USCIS Disciplinary Counsel may initiate formal disciplinary proceedings, which can result in censuring, suspending, or disbarring an attorney or accredited representative from practicing before the Immigration Courts, the Board, and DHS.
If the AAO cannot determine who signed a Form G-28 for the appellant, it may request additional information to confirm that the appellant authorized the representation. [27] The signature of the representative on Form G-28 constitutes a representation that he or she is authorized and qualified to represent parties before USCIS.
The accreditation of a representative is valid for three years.
Appellants may request the withdrawal of a representativ e’s appearance on their behalf, and representatives may request to withdraw their representation of an appellant. If the AAO authorizes a withdrawal, it will no longer communicate with the representative about the matter.
In addition, the USCIS Common Scams webpage provides information about organizations and individuals who are not authorized to give legal advice, such as “ notarios ” and other unauthorized representatives. The USCIS website also contains instructions for reporting immigration scams.
The AAO cannot recognize representation by an attorney who is not eligible to practice law in the United States , even if the attorney was recognized during the initial adjudication by an overseas USCIS office. In addition, an attorney cannot be under any order from the Board suspending, enjoining, restraining, disbarring, ...
Accredited representatives listed by EOIR as “partially accredited” are only authorized to practice before DHS. Accredited representatives listed by EOIR as “fully accredited” may practice before both DHS and EOIR.
Citizenship and Immigration Services (USCIS) is issuing policy guidance addressing the general policies and procedures of adjustment of status as well as adjustment under section 245 (a) of the Immigration and Nationality Act (INA). No historical versions available.
If USCIS ultimately approves the EOS or COS application, then the noncitizen is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the noncitizen is generally considered to be in unlawful immigration status as of the expiration of ...
B. Unlawful Immigration Status. A noncitizen is in unlawful immigration status if he or she is in the United States without lawful immigration status either because the noncitizen never had lawful status or because the noncitizen’s lawful status has ended.
A pending application to extend or change status ( Form I-129 or Form I-539 ), a pending adjustment application, or a pending petition does not confer lawful immigration status on an applicant. In addition, a pending application or petition does not automatically afford protection against removal if the noncitizen’s status expires after submission of the application. The noncitizen may have no actual lawful status in the United States and may be subject to removal proceedings unless and until the extension of stay (EOS) application, change of status (COS) application, adjustment application, or petition is approved.
On the day after the noncitizen’s authorized status has been violated, has expired, been rescinded, revoked, or otherwise terminated while he or she is physically present in the United States.
When USCIS denied the first L-1 petition and COS application on December 7, 2008, the applicant was out of B-2 status as of March 29, 2008. Even though USCIS ultimately denied the first L-1 petition and COS request, the petition was timely filed.
The noncitizen may have no actual lawful status in the United States and may be subject to removal proceedings unless and until the extension of stay (EOS) application, change of status (COS) application, adjustment application, or petition is approved. 1. Extension of Stay or Change of Status.
I agree with those attorneys who told you to ask your lawyer. If you "found out" that he was disciplined 15 years ago, that must mean that it's public information. So there should be no reason your lawyer wouldn't explain to you what happened. It could be something as simple as a client got upset about a case result and the lawyer spoke unprofessionally to him, or something as serious as embezzling client funds...
Discipline can also occur when an attorney is so zealous in his/her clients defense that the Court or the opposing counsel take offense--it does not necessarily mean anything bad for a potential client. Ask your attorney about the details.
It is hard to say. Lawyers can be disciplined for something they personally have done wrong, or something an office staff member did that happens on his/her watch. You would need to read about the facts that occurred to tell.
In some cases, you have just 30 days to report the out of state discipline. You should immediately consult a professional licensing attorney like Scott J. Harris.
If you hold an out-of-state license and are applying for a professional license in California for the first time, but disciplinary action has been taken against your existing license, you will need to disclose the disciplinary action against you on your California license application.
Ideally, before disclosing the discipline against your license to the California board for your profession, it is in your best interest to seek help from a California licensing attorney. If you have already disclosed the discipline, however, there is still time to get legal help, but it is best to do this quickly as the process can happen very fast.
In fact, the reason USCIS/DOS unreasonably delay cases without any real answers as to the reasons is due to the fact that no court or other authority with power is overseeing their actions as to the client’s case.
By filing a lawsuit, a court with authority and jurisdiction over the agency is now overseeing the agency’s actions (or lack of actions) on the case. Whether the agency likes it or not, they will have to do their job, and do it correctly now.
If you hold a professional license in the state of California, it is essential to understand that a criminal conviction can have significant consequences against that license.
If you are or have been convicted of a misdemeanor or felony, your licensing board will receive a notification letting them know of your conviction. In certain professions, such as lawyers, you are required to notify the licensing board about your conviction within a specified period of time, and you can be punished for a failure to notify.
The consequences of discipline against your professional license can be far-reaching and life-changing. You may find that a disciplinary measure against your license can result in the loss of professional liability insurance coverage, as insurance companies may look at you as a higher risk client.
You need to demonstrate sufficient income when your wife applies for her immigrant visa upon I-130 approval but can always submit additional I-864 from co-sponsor if you do not meet the income requirements.
It might, yes, because you need to show income that is sufficient for affidavit of support purposes and if you are no longer working you will not be able to show it. Therefore, you will need to get a joint sponsor to sign the affidavit of support on your wife's behalf.
Your unemployment benefits will not be a barrier to your I-130 petition for your wife as long as you will be able to show financial ability to support her upon her immigrant visa interview.
Alan Rodolfo Diamante (Unclaimed Profile) It will not affect the I-130 petition but you still have to be an eligible sponsor for her consular process. If you are not earning enough for the affidavit of support, you can get a co-sponsor. * This will flag comments for moderators to take action.