Author: Ammar Alo, Esq.

Parole in Place

Biden Admin announces Parole in Place (PIP) for spouses of US Citizens

On June 17th, 2024, the Department of Homeland Security announced the expansion of Parole-in-Place to certain undocumented Spouses, children and stepchildren of US Citizens. This move does not magically make people who are ineligible for Permanent Residency suddenly eligible. It does, however, remove a large obstacle for some who are otherwise eligible.

The barrier that has been removed is the requirement to travel outside the US in order to obtain their immigrant visas (Green Cards). This new PIP expansion allows them to apply in the U.S. if they have been here for at least 10 years.

This is a great move in my opinion as it removes a huge obstacle for many who were afraid to leave the country. All of the individuals who will now qualify for PIP have deep roots in their communities, and have been in the US for at least 10 years. This will bring them into the fold of the legal immigrants, and allow them to come out of the shadows.

More to come in future posts once we get more details. Until then, stay tuned for updates.

Source: https://www.dhs.gov/news/2024/06/17/fact-sheet-dhs-announces-new-process-promote-unity-and-stability-families

No matter where you are located, around the corner, anywhere in the US or abroad, we can help you. Our convenient local offices are inviting, and accessible. We also offer our services virtually through video meetings and electronic documents. We go out of our way to make sure that you feel comfortable and prepared for whatever immigration situation you may be facing.

We don’t cut corners and give our clients the run around. We put you first!

Contact top rated Immigration Lawyer, Ammar Alo, to help you reunite with your family.

(734) 215-5242 Michigan

(419) 913-1580 Ohio

Contact top rated Detroit immigration Lawyer, Ammar Alo, to help you reunite with your family.

Never do this with Immigration!!!

The best piece of advice I can give to anyone going through the immigration process:
DON’T LIE!!!!

“Duh!” you might say. “That’s obvious!”
Well, it should be obvious, but then explain the countless cases I have seen where I have caught a lie, … I mean, “discrepancy”. I discussed it briefly in a TikTok video I made not too long ago.

So, what am I talking about here? What kind of things have I seen get people’s cases totally off the rails?
Well, how about these for example:

  • Different Birth Dates
  • Different Marriage Dates
  • Names/number of children
  • Marriages
  • Employment, occupations
  • Military Service
  • Past Persecution (Asylum Cases)
  • Address History

Just to name a few

So the next logical question is “why did you lie”? and it basically comes down to 4 main reasons, and the answers might surprise you.

The first and most innocent answer is that it was a mistake or typo. This I can totally understand. We all make mistakes, yes, even us attorneys, and that is why we have to double and triple check everything we submit. We do that with our clients, after we are completely finished with a file, and before it gets mailed out, we check it again, send it to our clients for a review, and check it one last time right before mailing.

However, if you have someone else help you with the forms, this type of quality check is most likely not there. Notarios are “notorious” for making mistakes, or just making stuff up, and that brings us to the second reason why people lie on their applications.

“The Notario/Form preparer filled it out, I don’t know what they put in there”. Really?? That’s the excuse you are going to use when you are in front of a USCIS officer, embassy official, or immigration judge? There’s no excuse for not reviewing what is submitted on your behalf. If you sign something, you better have reviewed it (this applies to everything by-the-way, not just immigration).

The third reason is both dumb and naive: “I lied because I thought it would increase my chances of approval.” Really? You think immigration officials are idiots? You really think they have no way of verifying any information that you have claimed?
Do you really think that by lying, you will have a better chance? How do you even know what kind of information is favorable? The most common lies people think will give them a better chance at Tourist Visas is to claim they are married/single, or they have kids, or they own some kind of business. They believe that by making these claims, immigration officers will believe that they will definitely come back to their home country after their visit to the US. What they don’t know is that if they are caught lying, they can be barred from EVER coming to the US.
Don’t do it, it’s not worth it.

This last reason of why applicants lie is the worst, and the most wicked: They are trying to hide something that will get them denied or arrested.
Criminal records, group memberships, gang memberships, military service, past marriages, all come to mind.

In conclusion, lying on your applications is a huge mistake. Not only is it wrong to lie for any reason and in any situation, but it will also severely harm your chances of immigrating to the US. And, as I said in the video, if you don’t get caught the first time, you will probably get caught down the road, most likely at your Naturalization interview.

It’s best to consult with an experienced Immigration Attorney who can help you navigate this complex maze we call the US Immigration System.

Contact us today!


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Fiancé Visa vs. Spousal Visa

We get this question all the time, which one is better, which one is faster. Unfortunately, there’s no one-size-fits all answer; it all depends on your situation. So, let’s take a look at the pros and cons of each.

When it comes to uniting with a partner from another country in the United States, couples have two primary visa options: the Fiancé Visa (K-1) and the Spousal Visa (CR-1/IR-1). Each path has its unique set of advantages and challenges, and the right choice depends on various factors including the couple’s circumstances, preferences, and priorities.

Fiancé Visa (K-1)

Pros:

  • Speed: Generally, the K-1 visa process is quicker, allowing the foreign fiancé to enter the U.S. faster.
  • Marriage Flexibility: Couples can plan their wedding in the U.S. within 90 days of the fiancé’s arrival.
  • U.S. Ceremony: Ideal for those who wish to have their marriage ceremony in the United States, and may not be able to get married overseas.
  • Get to know each other: This allows you the opportunity to get to know each other before starting the Permanent Residence process.

Cons:

  • Temporary Status: The K-1 visa is a non-immigrant visa, meaning the fiancé must adjust their status to a permanent resident after marriage.
  • Limited to U.S. Citizens: Only U.S. citizens can petition for a K-1 visa, not permanent residents.
  • No Direct Green Card: The fiancé does not receive a green card immediately upon entry and must go through an adjustment of status process.
  • Speed: Although it is supposed to be quicker, many times, it takes just as long as a Spousal Visa.

Spousal Visa (CR-1/IR-1)

Pros:

  • Permanent Status: The spouse enters the U.S. as a permanent resident and receives a green card shortly after.
  • Available to Permanent Residents: Both U.S. citizens and lawful permanent residents can petition for a spouse. Although, wait times for Permanent Resident petitioners can be lengthy.
  • No Adjustment Required: Since the spouse enters with an immigrant visa, there’s no need for Adjustment of Status after arrival.

Cons:

  • Longer Process: The spousal visa process can take longer, delaying the couple’s reunion in the U.S.
  • Marriage Requirement: The couple must be married before applying, which might require planning an overseas wedding.
  • Limited Travel: The spouse may face travel restrictions to the US while the visa is being processed.

Conclusion

Choosing between a Fiancé Visa and a Spousal Visa is a significant decision that can impact the couple’s future. It’s essential to weigh the pros and cons carefully and consider personal circumstances, such as where you want to marry and how quickly you wish to be together in the U.S. Consulting with an immigration attorney can provide guidance tailored to your specific situation.

I hope this blog post provides a clear comparison to help you or others make an informed decision regarding the immigration process. Remember, immigration laws are complex and subject to change, so it’s always best to consult with a legal expert for the most current advice

Call or book a consultation today: https://alolegal.com/contact-us/

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Biggest mistake while filing an I-130

Don’t make this mistake!!!
I have seen this enough times that it now requires a blog post. Unfortunately, it’s happens with applicants who don’t hire attorneys, who either try to do it themselves, or ask for help from the wrong person.
This is Immigration 101, and any immigration lawyer, with even minimal experience, should never make this mistake. This mistake can cost you thousands of dollars, and months of delays.

Here it is:
When filling out an I-130 Petition for Alien Relative with USCIS, make sure you fill out one of these two sections:

If you don’t fill out one these sections, USCIS doesn’t know what to do with your case once its approved, and it will just sit in their offices collecting dust. The only way to get it moving is to fill out an I-824, and pay that fee. It will also take USCIS a ridiculous amount of time to just send your application to where you need it to go.

  • If your relative is inside the US, and you are eligible for Adjustment of Status, you fill out the first section.
  • If your relative is overseas, and will continue the process at a US Embassy, you fill out the second section.

    The biggest mistake you can make is NOT consulting an experienced immigration attorney anytime you are dealing with any immigration issues.
    You can contact us here: https://alolegal.com/contact-us/

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How to fill out your Affidavit of Support

Immigration Pro tip for people filling out an Affidavit of Support Form I-864:

Affidavit of Support
Total income from form IRS 1040


When you get to this section on Page 5, please read the question carefully.
You need to put your “Total Income” if you file an IRS form 1040, like the majority of tax payers.

If you filed your taxes on the lesser used form 1040EZ, you need to put your Adjusted Gross Income “AGI” .

I see this mistake way too often. It leads to RFEs.

Hire an experienced immigration attorney today, to help you reunite with your family.

Appointments | Alo Legal LLC

Should I hire an Immigration Lawyer?

This is a question we hear far too often, and the short answer is “Definitely”!
At the very least, consult with an experienced, highly rated, Immigration Lawyer before starting your journey.

Here is an infographic we put together comparing our firm, Alo Legal, with a popular alternative to lawyers, “Notarios”.

Be aware that “Notarios” come in many different forms and names. They could call themselves “immigration paralegals”, “Immigration Preparers” or “Immigration Form Preparers”, but they all have one thing in common; they are NOT AUTHORIZED to practice Immigration Law.

They should be prosecuted for the Unauthorized Practice of Law. However, they don’t care because they have no license to lose.

Don’t make the mistake of paying a Notario, hire an Immigration Lawyer in the first place. Otherwise, you’ll be hiring a lawyer to clean up the mess created by the Notario.

Contact top rated Immigration Lawyer, Ammar Alo, to help you reunite with your family.

(734) 215-5242 Michigan

(419) 913-1580 Ohio

Contact top rated Detroit immigration Lawyer, Ammar Alo, to help you reunite with your family.

Schedule a consultation today:

Appointments | Alo Legal LLC

Notario vs. Lawyer

What is Adjustment of Status?

Adjustment of Status Through Marriage: A Path to Permanent Residency, by Immigration Attorney Ammar Alo.

Disclaimer: This is not legal advice, only informational.

Adjustment of status is a crucial aspect of U.S. immigration law. It allows foreign nationals who are married to U.S. citizens or lawful permanent residents (green card holders) to apply for permanent residency within the United States. This process enables them to live and work legally in the country.

Eligibility Criteria

To be eligible for adjustment of status through marriage, you must meet certain criteria:

  1. Marriage to a U.S. Citizen: If you are married to a U.S. citizen, you can apply for adjustment of status even if you are out of legal status, as long as you entered the US Legally.
  2. Marriage to a Permanent Resident: If your spouse is a permanent resident, you must wait for I-130 approval before proceeding. There is an annual limit on green cards for spouses of permanent residents, so there will be a waiting period, and you must maintain a legal status.

Main Steps in the Process

  1. Form I-130 Petition: The U.S. citizen or permanent resident spouse must submit Form I-130 (Petition for Alien Relative) along with the I-130A Supplemental Information form. If the petitioner is a permanent resident, I-130 approval is necessary before moving forward.
  2. Form I-485 Application: Submit Form I-485 (Application to Register Permanent Residence or Adjust Status) along with other required forms and documents. Attend a biometrics appointment for fingerprint collection.
  3. Form I-765: Submit Form I-765 (Application for Work Authorization) along with your applications.
  4. USCIS Interview: Attend an interview at a USCIS office. Be prepared to answer questions about your marriage and provide evidence of its legitimacy.

Processing Times and Delays

  • Spouse of a U.S. Citizen: Processing times range from 10 to 23 months.
  • Spouse of a Permanent Resident: Longer processing times (36 to 48 months) due to annual limits on green cards.

Conclusion

Adjustment of status through marriage offers a pathway to permanent residency for foreign spouses. While the process can be complex, seeking legal guidance ensures a smoother journey toward living your American dream.


Remember to consult an attorney for personalized advice. Good luck on your immigration journey! 

What is the 30-60-90 day rule for immigration (USCIS)?

After an interesting debate this week, between immigration attorneys on Facebook, I’ve learned that I am a lot more risk-averse than others.

This stems from a question an attorney posted, asking whether it is a good idea to file for Adjustment of Status (Permanent Residence) for parents of a US citizen who arrived in the US as visitors. The problem is not the filing, but the timing of the filing. These clients wanted to file a week after their arrival in the US.

The issue here is whether a USCIS officer deciding their case will assume they had “Immigrant Intent” when they came in as “Visitors”, and whether the officer can charge them with “fraud or misrepresentation”.

For the last 15 years of practice, I have always abided by “30/60/90 day rule”. In essence, we don’t file any Permanent Residence applications within 90 days of a visitor’s arrival in the US, unless there is a VERY good reason, ex. expiring status. This is what most immigration attorneys did.

If a USCIS officer finds “Fraud or Misrepresentation”, the person applying could be permanently barred from entering the US again.

Why risk a finding like this? Why not wait? Why try to fight USCIS, when you could have just waited a few weeks? I believe you are doing clients a disservice when you don’t advise them to wait. Isn’t that our job as attorneys, to give the best advice?

Many of those arguing for not waiting the 90 days cite a case “Matter of Cavazos” from 1980, where the BIA decided that notwithstanding preconceived intent, adjustment of status should ordinarily be granted for immediate relatives absent other negative factors.

While this is true, a USCIS officer could find other “negative factors” when they grill your client at their interview.

My advice to young immigration attorneys out there, wait the 90 days, and don’t get pushed around by eager clients. If they don’t want to wait, and you still take on the case, make it clear in your agreements that they have been advised of the risk, and that you are not responsible if it all goes wrong.

Insurance companies are not your friends!

From our Personal Injury Section:

Insurance companies are not your friends! 
You are not in “good hands”, they are not like your “good neighbor”, and in “15 minutes” they could completely damage your life.

The adjuster calls you immediately after an accident; they are so friendly on the phone. They reassure you that they will “take care of all of your bills”. They give you their direct line. They call from the “Quick Resolution Center” or “Rapid Response Team”, to make you think they are doing everything they can to help you.

But, in reality, what they are doing is trying to get you to agree to a settlement as quickly as possible, for pennies on the dollar, before you can speak to a lawyer. Many times this happens before you have even seen a doctor to know the full the extent of your injuries.

Insurance companies are not your friends! They succeed at their job when they give you less than you deserve. Far too many times we have seen this scam happen to clients, ultimately, leaving them with unpaid bills, and no compensation for their pain and suffering. This leads to collection notices, law suits, and sometimes, bankruptcy.

Here is what you can do to help minimize these bad outcomes.

– If you are in an accident, call the police as quickly as possible.

– DO NOT speak to insurance adjusters.

– DO NOT give any hospital or medical provider your Auto Insurance information. Instruct the hospital to bill your HEALTH INSURANCE. If you don’t have health insurance, tell them your are Self Pay.

– IMMEDIATELY call an attorney for a consult

– IMMEDIATELY call your OWN Auto Insurance company, and instruct them NOT TO MAKE any payments to any medical providers. This is referred to as “MED PAY”. Tell them, DO NOT MAKE ANY MED PAY payments. (Hospitals love to bill Med Pay, because they get 100% of their artificially inflated bills).

– Hire an experienced attorney as quickly as possible, and tell him/her everything you know. The attorney will reach out to the insurance companies.

There are many more tips that we can provide, but following just these ones above could possibly save you thousands of dollars, and years of headaches.

Visit our website for more information. www.AloLegal.com

Image Source: https://clark.com/insurance/best-auto-insurance-companies/