We devote ourselves to excellent advocacy & take pride in our work and in providing deserving individuals the opportunity to pursue their American dream.
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SUPREME COURT DISAPPOINTS
The U.S. Supreme Court gridlocked in United States v. Texas
BLOCKING“DAPA” (or Deferred action for Parents of Americans) and “DACA Plus” (or Deferred Action for Childhood Arrivals 2012). These programs would have enabled qualifying parents and those brought to the United States as children to seek protection from removal.
Homeland Security has prioritized
certain classes of noncitizens for apprehension, detention, and removal. The
of these priorities include certain noncitizens with criminal convictions, recent immigration violations at the border, and removal orders.
Prosecutorial Discretion is also important as a humanitarian matter as was described by the Supreme Court in Arizona v. United States
Discretion in the enforcement of immigration law embraces immediate human concerns. Unauthorized workers trying to support their families, for example, likely pose less danger than alien smugglers or aliens who commit a serious crime. The equities of an individual case may turn on many factors, including whether the alien has children born in the United States, long ties to the community, or a record of distinguished military service.
The decision leaves in full force the original DACA program, all other points in the President's Executive Order including waivers and visa number availability, and the ability of DHS to process an individual request for prosecutorial discretion.
Despite today's outcome, the legal foundation for prosecutorial discretion can be found in the United States Constitution and authority Congress has delegated
to the executive branch. Some provisions of the Immigration and Nationality Act even explicitly identify “deferred action” by name. Congress has further authorized
the Secretary of Homeland Security to establish immigration enforcement policies and priorities.
Only Congress can enact a solution.
TRUMP, CLINTON, SANDERS?
New Driver's Licenses?
What Do I Do NOW?
With the upcoming elections and stricter enforcement of Driver's Licenses Laws - what are immigrants to do? The number one issue is to - stay legally in the USA if you can. If you have a valid visa, it is imperative that you keep that visa valid or apply for a more suitable visa - Student, Employment, Training, Specialty Occupation Visa.
If you have friends or relatives wanting to come to the USA -make sure they apply for the proper visa BEFORE they come. Permanent residency can be obtained through a job offer within 18 months and applies to the worker and their entire family. If your friends or family intend to stay and work - have them apply for a green card immediately and avoid the hassle and risk of potentially tougher immigration policies. Persons can be sponsored through job offers in a variety of positions from non-skilled to highly skilled - domestic workers, nannies, truck drivers, carpenters, programers, business managers - the possibilities are endless.....
With the changing tide of immigration policies - it is critical that if you were thinking of applying for permanent residency, but haven't yet - the time to do so is now. There are various programs under President Obama's Decrees that have made it easier to get a green-card. The most important is
- WAIVERS - Of illegal entries and overstayed visas if either of your parents or spouse is a permanent resident or citizen
- DACA - If you arrived in the USA before the age of 16 and are <30 years old, you can apply for special protected status for 3 years, obtain work authorization, and can even travel outside of the USA
- IMMIGRANT PROCESSING WAIT TIMES - have been reduced for many visa categories - especially if you are sponsored by an employer.
- NONE OF THE ABOVE apply and you no longer have a valid visa - you should at least begin the process of permanent residency.
We focus our services in practice areas where we can provide the optimal solutions to our clients. Christopher Kurczaba is a member of both the New York & Illinois Bars. Our office can assist you with Immigration Matters throughout the United States, but are additionally able to provide all legal services regarding issues in the States of Illinois & New York.
- Permanent Residency through employers - Labor Certifications
- Family based immigration
- Waivers of illegal entries, overstayed visas, and other actions
- Executive Orders including DACA & Advance Parole
- Work visas for professionals and highly educated persons
- Work visas for performers
- Visas for business persons entering the USA
- Immigration Court Representation - Removal Proceedings
- Real Estate Transactions
- Business Formation
- Business Consulting
- Optimization of Corporate Entities
- Investing in America
- Defense of actions against Immigration & Customs Enforcement
- Appeals to the Immigration Service
- & other complex immigration matters
This site is for informational and promotional (advertising) purposes and is not to be used to formulate opinions or take any legal action.
Practice in Florida limited to Immigration & Nationality Law
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