Thursday, October 18, 2012

Oak Lawn Immigration Attorney | Lawful Permanent Residence or LPR Application


The most often asked question that an attorney receives regarding immigration is about the application for Lawful Permanent Residence. Many individuals prefer to this as a green card application. The application for Lawful Permanent Residence status or LPR status can be granted in one of a number of ways. You can apply for lawful permanent resident status based upon a family relationship, employment, asylum, for legalization for set group of people by an act of Congress. Most individuals use the family relationship status as the basis for their application as an LPR. Many individuals have their LPR requests denied because of improper applications or a lack of proper evidence supporting their application. Immigration attorneys will tell you they receive a good number of phone calls from individuals who are now having problems with USCIS because of improper applications or lack of proper evidence. Improper petition can create harsh consequences for the applicant and he may suffer a penalty period as a result of the improper application. Application for LPR status starts with the petition. The most common petition is a family petition. Under a family petition you'll need a family member to sponsor your application. In fact, the family member is treated as the actual application. For family-based immigrants there are five categories of applications. The best category to fall under is called an "immediate relative". As an immediate relative you are given the preferential option of adjusting your status. The main benefit of adjusting your status is that you can be physically present in the United States and still receive an approval on your LPR application which will allow your status to be adjusted to a lawful permanent resident.

After the "immediate relative" category comes the traditional preference categories for family based immigrants. The first preference category includes unmarried sons and daughters of US citizens. The second preference category include spouses and children of LPR's, and unmarried sons and daughters of LPR's. The third preference category includes married sons and daughters of US citizens. Finally, the fourth preference category includes brothers and sisters of US citizens. These four preference categories are used to determine when a visa will become "immediately available" for the individual applying. The preference category uses a concept called "priority date" in which the individuals application will be set as the applicant's priority date and that individual would have to wait until his priority date becomes currents in order for his application to be ready to proceed. For information on what priority dates our current for which category the Department of State posts on their website the current priority date statuses.

If you believe you have a family member would like to apply for LPR status and need assistance contact the Law Office of Jonathan W. Cole at 708-529-7794 and schedule a free consultation to speak with an immigration attorney to assist you with your application. LPR applications can be difficult and confusing to do not risk your chances of receiving the benefits of lawful permanent resident status by fumbling through the application alone.

Monday, October 15, 2012

Oak Lawn Immigration Attorney | Deferred Action Education Requirement


The program DACA or (Deferred Action or Childhood Arrivals) has found itself up against a major barrier. This barrier is in regards to the educational requirements which is a key fertile in immigrants obtaining a "legitimate status" under DACA. It is estimated that 350,000 youths are not eligible for DACA because the barriers to the educational requirements are simply too high. Many applicants are attempting to get their GED but are unable to or two major reasons. The first reason is that the GED program is cost prohibitive. Many applicants have an out-of-pocket cost of $4000 for one year in the GED program. This costs is way beyond the means of many individuals were brought to this country at a young age and now are in a low income bracket as a result of not being eligible for work authorization and forced to work in a cash basis system. The second major roadblock for individuals in regards to the education requirement, is a lack of availability of GED programs that have available slots for individuals in this predicament. Many GED programs are either blocked or not reserved or maintain slots for individuals who are undocumented. As a result, many individuals who qualify for DACA cannot gain enrollment in GED courses.

 An additional complication is the lack of many applicants ability to speak English in a proficient manner. Some states have allowed GED programs and the GED tests to be completed in Spanish, but not all states. This presents a major problem DACA applicants would like to get their GED and move on through a DACA application. Of the 1.7 million undocumented immigrants were eligible for deferred action between 320,002 to 350,000 may not meet the education requirement. One major problem of the educational acquirement that DACA insists upon is that it creates a substantial burden on the poorest of the poor. Many individuals who are unable to afford the GED requirements cannot qualify for DACA because they cannot afford the GED program, college, or other education. There is a disproportionate number of individuals who would qualify for DACA otherwise, but cannot afford to complete their GED and therefore are ineligible for DACA. Deferred Action is therefore "a program for rich undocumented aliens" and not a program that would benefit the undocumented poor.

If you believe you may qualify for Deferred Action and would like to speak with an attorney who is knowledgeable on the subject, please do not hesitate to contact

The Law Office of Jonathan W. Cole
5013 W. 95th St.
Oak lawn, IL 60453
708-529-7794
www.JWColeLaw.com

Tuesday, September 25, 2012

Oak Lawn Immigration Attorney - Is "Illegal Immigrants" a Taboo Word?


The term "illegal immigrant" is the controversial term for many years. This term is brought up feelings that have offended some and rallied others. Like most things there are two sides to the coin. On the one side, the term "illegal immigrants" has been intended to be derogatory and degrading. Individuals who use the term "illegal immigrants" to dehumanize individuals will come into the country through an unauthorized checkpoint or individuals who've overstayed their visa requirements. The dehumanization of "illegal immigrants" has come about for two reasons. The first reason is to garner support for political purposes. Those hoping to alter the immigration policy of the United States, use the term "illegal immigrants" for their own political benefit so that it appears the damage being done this individuals who do not matter. The attempt to dehumanize "illegal immigrants" is an attempt to appear that there are no individual suffering from deportation or, that those who suffer from deportation to not have a say in the matter because of their actions in the first place. As a result, those being deported have gotten what they deserve.

The second usage of the term "illegal immigrants" is an attempt to properly classify this group of people so they can be categorized and placed into a class. One main problem with categorizing this class of individual is that any term could eventually become derogatory and the most accurate classification difficult to ascertain. The term illegal immigrants first refers to, someone who enter the country for an unauthorized checkpoint or second is overstayed their visa. The term immigrant, the first to someone who intends to stay within the country or make the United States their home. The basic thought for an immigrant is that they have the intention to reside within the country, which differentiates them from a tourist who only intends to remain within the country for a short period of time. Many other terms such as, "undocumented aliens" have been tossed around. The term "undocumented aliens" I said to be less derogatory, but that is most likely because it is not common phrase of the moment. Categorization of people were in illegal status or an undocumented status of the moment is important for a number of reasons. The main reason this is important so that that class of individuals have legislation that will move their position forward towards a possible naturalization or lawful permanent resident status. Additionally, the classification of individuals into a class will allow statisticians and economists to more accurately reflect their impact throughout the country. By identifying the impact of undocumented or illegal individuals brought the country, the United States and its citizens better determine the impact they will have on the economy, the social welfare state, and the society in general. It is important that we can classify individuals so that we can accurately determine their numbers and provide for them in whatever manner we deem most unofficial for America and the individuals within the class.

Whatever term eventually wins out will have to create a balance between political correctness, accuracy, and efficiency. With any classification of the group of people, there is always a risk that the classification itself become derogatory. This is particularly true when classifying individuals based on race, creed, national origin. It seems that whenever a classification of individuals appears some faction of society always tries to attach a negative connotation to it. With the term "illegal immigrants" the group of individuals who make up this class are a unique set of characters. The reason for this is that the "illegal immigrants" consist of a multitude of races, creeds, and national origins. By having such a diverse group of individuals make up this class, the derogatory feature that a subgroup of society intends to attach to the term "illegal immigrants" is more difficult to attribute to any individual who falls within that class than would be to someone who falls under a class based upon, for example, say race. The primary reason for this is that individuals who fall within this class are not easily identifiable based upon skin color or facial features. It is difficult to determine who may fall into this class without knowing the background of that individual or the supporting identification may have determine whether they fall into that class or not. In fact, the only way to determine if someone falls within that class is to ask for papers or documentation. The mere fact that someone can enter into the class or, by contrast, the class by the application to a government entity makes the class unique. The unfortunate part is that many people are grouped into this class would not otherwise be based upon a preconceived notion that their race, creed, or national origin would put them into this class. This unfortunately improperly classifies many individuals as "illegal immigrants" who are either not illegal immigrants, but legal immigrants, or individuals were not even immigrants at all. People might be classified this way based upon the color of their skin, even if they were US-born national. However this term ends up being portrayed, you can be sure of one thing. Political groups will make this a hot button issue for the upcoming election and probably for many years to come. I welcome your thoughts and ideas in the comments section below, and look forward to seeing how this term is categorizing the future.

If you know someone was looking for help with applying to improve their immigration status, the Law Office of Jonathan W. Cole would be happy to assist anyone with their applications to USCIS. For more information, contact the Law Office of Jonathan W Cole at the information below;

The Law Office of Jonathan W Cole
5013 W. 95th St.
Oak lawn IL 60453
www.JWColeLaw.com
708-529-7794

Monday, September 3, 2012

Oak Lawn Immigration | Deferred Action Application

Deferred action has been available for a couple of weeks now and there are some things that have been learned through the process that will make second wave applicants life easier than first wave applicants. Since deferred action became available, the Law Office has processed applications for individuals all over the south side of Chicago. Individuals who qualify have been able to take advantage of the benefits that deferred action has been able to afford. The primary benefit of deferred action is the ability to live free of fear of deportation for the two year period that your application is granted. Additionally, you will be eligible for for work authorization. Individuals from Palos Heights, Oak Lawn, Evergreen Park, Alsip, Blue Island, and Bridgeview have all been able to take advantage of  this new benefit to immigrants. As a result of the experienced gained through the first wave of deferred action applications, immigration attorneys are providing even better services to the second wave of deferred action applicants.

If you are in the the south suburbs of Chicago or on the south side of Chicago. Call the Law Office of Jonathan W. Cole.

Law Office of Jonathan W. Cole
5013 W. 95th St.
Oak Lawn, IL 60453
708-529-7794
www.jwcolelaw.com

Wednesday, June 20, 2012

Oak Lawn Immigration Attorney | Dream Act


THE LAW OFFICE OF JONATHAN W. COLE WELCOMES DEFERRED ACTION ANNOUNCEMENT, WARN OF POTENTIAL FRAUD BY SO-CALLED "NOTARIOS"

OAK LAWN, ILLINOIS - THE LAW OFFICE OF JONATHAN W. COLE welcomed the Administration's recent announcement that younger immigrants may be eligible for "Deferred Action" and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This exciting new development brings hope to immigrants and their families. It is not, however, a permanent fix and does not grant permanent legal status to anyone.
To qualify, an individual must:
  • have arrived in the U.S. when they were under the age of sixteen;
  • have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
  • currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
  • not have been convicted of a felony offense, a "significant misdemeanor offense," three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
  • have been under thirty-one years old on June 15, 2012
The deferred action offer will be available to those in proceedings, those with final removal orders, as well as to those who apply affirmatively.

The Administration is not yet accepting applications for this action. Within sixty days - by the middle of August - the Administration expects to issue guidance and information about how eligible individuals can request deferred action and work authorization.

Unfortunately, this policy may open the door for fraud and deception by so-called "Notarios." In the United States, notarios have no legal background and cannot legally practice law or represent you. Anyone claiming they can submit an application or charging a fee for applying for deferred action should NOT be trusted until the process has been announced by the federal government. An immigrant's case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.

For more information, contact your the Law Office of Jonathan W. Cole at jwcolelaw.com or 708-529-7794.