We are here to help!

Many clients report that they were nervous about working with an attorney. Some say they were anxious about being able to communicate with us or were unsure if legal representation would be affordable!

And working with an attorney IS an investment. But we want this to be a decision you make confidently!

Here are somethings to keep in mind:

• We promise to greet you with compassion and professional concern

• We truly want to understand what you are going through and will never pressure you into making a decision

• We speak English, Spanish and some Portuguese, and will do our best to communicate with you efficiently and effectively

• We can assist in filing for USCIS fee waivers for eligible clients and cases, so that total costs are lower

Want to know more? Just ask!

WE ARE READY TO HELP YOU!

(203) 701 6043

What is Immigration Fraud and "Notario Publico"?

There are many types of scams, fraud, and misconduct related to immigration. Below are some tips to be aware of:

• Beware of emails pretending to be from the U.S. Citizenship and Immigration Services. USCIS will never send an email saying you’ve been approved for any type of visa or immigration benefit.

• Beware of scam websites who claim to be affiliated with USCIS. Websites from the US government always end in the domain “.gov”. 

• Never transfer money to an individual. USCIS will never ask you to pay fees to a person on the phone or by email.

• Do not pay businesses or websites who claim to be experts and have special connections to the government. There are no exceptions to the normal processing times and no one can speed up their case processing time.

Another common type of immigration fraud is Notario Fraud. In many Spanish-speaking countries, “notario publics” are powerful attorneys with special legal credentials. These individuals may have had legal training in their home countries, but they come from a legal system very different from that in the United States. Notary publics in the U.S. have very different roles and are not authorized to provide any legal services related to immigration. 

This misrepresentation of “notario publico” may trick individuals by falsely claiming to be attorneys, have authorization to represent immigrants before the U.S. government, or be able to assist in legal paperwork. The result can result in missing deadlines or filing incorrect claims, which often leads to an immigrant’s missed opportunity for citizenship, in addition to losing hundreds or thousands of dollars in payment to an unqualified individual. 

The immigration process is often a long and complicated journey. DO seek help for this process, but don’t fall victim to immigration fraud. Only licensed attorneys and accredited legal representatives should be helping you. If you need an attorney, you can always contact ARK Immigration, the Law Office of Alicia R. Kinsman.

Census 2020-- Everyone counts!

What is the census and why is it important?

The census is a count of the total population of the United States as mandated by the Constitution. It is taken every ten years and counts every person regardless of age or immigration status to determine how the 435 Congressional House seats are apportioned among all of the states, and thus how many billions of federal dollars will be spent in our communities.

Are non-citizens counted in the census? Won’t that put them at risk?

Everyone who lives in the U.S. is counted, no matter their immigration status. But federal law protects the personal information collected by the Census Bureau and they are prevented by law from sharing information with ICE and other government agencies. 

Should you fill out the census?

Yes! Everyone counts, no matter their age or their immigration status. When communities are undercounted, they become underrepresented in our government and underserved! And remember, the Census Bureau is forbidden by law to pass along information about someone’s immigration status onto other government agencies like ICE!

What is Expedited Removal?

WHAT IS EXPEDITED REMOVAL?

Expedited removal is a process that immigration officials can use to quickly deport certain people from the United States without seeing a judge or an attorney before being deported.

CAN I BE SUBJECT TO EXPEDITED REMOVAL?

A person can be put in expedited removal if stopped by ICE and they:

• Entered the U.S. without inspection or without a valid visa, and •

• Cannot show they have been in the U.S. at least two years

 A person can also be placed in expedited removal proceedings if she arrives at a U.S. port of entry without a valid visa.

ARE THERE ANY EXCEPTIONS?

YES, if the individual indicates that she fears returning to her country of origin, the immigration officer should refer her to a “credible fear” interview with an asylum officer. If the asylum officer decides that she has a credible fear of persecution, she should be transferred into regular removal  (not expedited) proceedings, where she is entitled to a hearing with an immigration judge.

¿QUÉ ES LA EXPULSIÓN RÁPIDA?

La expulsion rapida es un proceso que los agentes inmigración pueden usar para deportar rápidamente a ciertas personas sin ver a un juez o un abogado antes de ser deportados.

¿PUEDO ESTAR SUJETO A UNA EXPULSIÓN RÁPIDA?

Una persona puede ser puesta en expulsion rápida si es detenida por ICE y la persona:

• Ingresó a los EE. UU. sin visa válida, y

• No puede demostrar que han estado en los Estados Unidos por dos años o mas.

También se puede colocar a una persona en un proceso de expulsion rápida si esta llegando a un puerto de entrada de los EE.UU. sin una visa válida.

¿HAY ALGUNAS EXCEPCIONES? SÍ, si la persona indica que teme regresar a su país de origen, el oficial de inmigración debe referirla a una entrevista de "miedo creíble" con un oficial de asilo. Si el oficial de asilo decide que la personal realmente tiene un temor creíble de persecución, la debe ser transferida a un proceso de expulsión regular, donde tiene derecho a tener una audiencia con un juez de inmigración.

If you’d like to discuss your case and learn more, call our office to schedule your initial consultation!

203 701 6043

Why Hire an Immigration Attorney?

I hear this question often. And it’s understandable.  Immigration forms and their instructions are available for download on the US Citizenship and Immigration Services’ (USCIS) website.  We all have friends or colleagues who successfully applied for an immigration benefit, without hiring a lawyer. And because when you seek quality legal representation, you can expect it will not come cheap. But in many cases, hiring an immigration lawyer can be priceless. Here are some reasons why.

MONEY: An experienced attorney may actually save you money. If you file the wrong form, or forget a key piece of evidence, your case will be at best, significantly delayed, and at worst, denied. And a denied case may mean the start of removal cases. You’ll end up paying more money to correct mistakes and prevent seriously bad consequences of those mistakes.   

PEACE OF MIND: What is the price tag on your peace of mind? You’re busy enough! Hiring an attorney means giving your problems, to them. You now have someone else on your team, on your side, with your problems keeping THEM up at night.

PROFESSIONALISM:  You can diagnose and learn to treat all sorts of medical issues on WebMD, but you still go see your doctor. Attorneys have likely spent years studying and learning and continue to do so. With experience and training, attorneys can become more strategic, more savvy, more creative, and better able to create efficient and effective solutions Every hour an attorney spends on your case represents hundreds of hours he or she has spent on training herself to be an effective advocate, to be YOUR advocate.

Let me, help you. Schedule your initial consultation by calling 203 701 6043.

See you soon!

Provisional Waivers--how do they work?

“I am a United States citizen but my spouse entered the country illegally. Can my spouse get a green card?”

An undocumented immigrant, even the spouse of a U.S. citizen, who can not prove lawful entry, is ineligible for a marriage-based green card, staying here in the United States. His or her only option would be to “consular process”— interview for the green card in an embassy or consulate outside of the United States. However, consular processing is NOT advisable for any immigrant who has 6 months or more of unlawful (undocumented and/or visa overstay) presence in the United States, because the very act of leaving the United States for consular processing will trigger a bar to re-entry, preventing the immigrant from returning to the United States for 3 years, 10 years, or more!

Consular Processing Without a Provisional Waiver

There exists a process to request that the wait time be waived. For many, in order to request that the bar to re-entry waived, the immigrant has to leave the United States and THEN apply for a waiver while outside the United States, having already triggered the bar, and then wait for the application to be processed. Even if the waiver was approved, it was after several months of separation from their U.S. family. And if the waiver was denied, it was too late to avoid the bar to re-entry. The family member is stuck.

The Provisional Unlawful Presence Waiver

Some individuals will be able to avoid this risky process by requesting that the re-entry bar be waived, BEFORE departing the United States. The I-601A, Provisional Unlawful Presence Waiver allows some individuals who have an approved petition from their relative, to receive a waiver of inadmissibility for unlawful presence before they leave for consular processing. This means that the immigrant relative can remain in the United States during the several months it takes USCIS to make a decision on the provisional waiver. Once the waiver is approved, the relative can then make the decision to depart the United States for consular processing.

Can I Apply For The Provisional Waiver?

Here are the basic requirements for a I-601A provisional unlawful presence waiver. Satisfying these requirements alone, however, is not enough!:

1. You must be physically present in the United States

2. You must be at least 17 years old at the time of filing

3. Have an approved immigrant visa petition filed by your relative

4. Have an immigrant visa case pending with the Department of State and have paid your immigrant visa processing fee

5. You must only be inadmissible to the United States due to unlawful presence and for no other reason

6. You must demonstrate hardship to a spouse or parent who is a US citizen or a Lawful Permanent Resident (green card holder).

Do I Need An Attorney To File The Waiver?

No, but hiring an experienced immigration attorney can avoid unnecessary expenses, mistakes and delays and bring you peace-of-mind when navigating this complex and stressful process. To learn whether you or your relative qualifies for an I-601A unlawful presence waiver call our office to set up your initial consultation! 203 701 6043

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law at the time it is read. No information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed lawyer.