Author: Ammar Alo, Esq.

Should I hire an Immigration Lawyer?

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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.

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Notario vs. Lawyer

What is Adjustment of Status?

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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)?

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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!

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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/

USCIS announces new Affirmative Asylum priorities

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On January 29th, 2018, USCIS announced their new priorities for scheduling Affirmative Asylum interviews.

According to the announcement, “USCIS will now schedule asylum interviews in the following order of priority:

  • First priority: Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS.
  • Second priority: Applications that have been pending 21 days or less.
  • Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings”

Unfortunately, this means that those who have been waiting years for their interviews will need to wait longer. We pray that USCIS can hire more officers and adjudicate these applications quickly. Being stuck in limbo wreaks havoc on families.

No DACA deal in sight

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Despite the government shutdown, and the threats by democrats not to pass a spending bill that didn’t deal with the DACA problem, congress passed a spending bill, and the government was reopen.

DACA recipients still await their fate as their issue has now become a political bargaining chip with deal in sight.

Read more: https://www.bloomberg.com/news/articles/2018-01-25/trump-would-double-daca-to-1-8-million-give-path-to-citizenship

Image source:
https://en.wikipedia.org/wiki/Deferred_Action_for_Childhood_Arrivals

 

Top 3 Immigration Lawyer

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For the third year in a row, attorney Ammar Alo has been named as one of the Top 3 Immigration Attorneys in Toledo.

In a statement released on his Facebook profile, attorney Alo said:

I work hard to make sure every case is handled in a professional manner and with the utmost care.

I take pride in my work, and strive to give my clients my uninterrupted attention.

A big Thank You to all my clients who have valued my work and took time to rate my services. This would not have been possible without you.

Click the link for more details: https://threebestrated.com/immigration-lawyers-in-toledo-oh

Asylum Approval

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After over three years of patiently waiting, another client has finally been approved for Asylum.

For those who are unfamiliar, having your Asylum case approved is a life changing event. Gone are the worries of being sent back to an oppressive regime, where you will likely be killed. Gone are the nightmares of the torture and abuse that you underwent. Now the healing begins, and the future begins to look brighter.

We sincerely hope and pray that all those seeking asylum are processed, interviewed, and given decisions in a timely matter.

USCIS Work Authorization Document and Social Security Number

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Some welcome news from USCIS. You can now have your Social Security Card delivered automatically when your EAD is approved.

You no longer have to go to the Social Security Administration office to apply for a number. This is great news and helps streamline the process for new SSA applicants.

https://www.uscis.gov/news/news-releases/new-uscis-form-streamlines-process-obtain-work-authorization-document-and-social-security-number-simultaneously