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DACA Success With Little Evidence...

1/28/2015

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Si Se Puede

Never give up. I recently received a 3 year DACA approval for a client who had only circumstantial evidence of his physical presence in the U.S. prior to turning 16 years old.  The client did not have a visa entry stamp, removal order, bills or school records to demonstrate entry - and why would he? He was a child when he entered the U.S. and he entered illegally. However, after a few discussions we were able to locate OTHER items coupled with a few affidavits, and together, we successfully demonstrated to USCIS that my client was in fact in the U.S., at a particular location, and on a certain day.

Moral of the story:  Never loose hope.

It is a great idea to consult with an experienced immigration attorney before you decide to file, or not file, for any type of immigration.

Contact Spiller-Reddick Immigration Law now. I am accepting new clients everyday.
Call 540-300-2991.

As a former immigration officer, I am acutely aware of what types of evidence will and will not help your case. In addition, if you do not have a specific piece of evidence needed, I will work with you and together we will determine if there are other items that you do have which WILL help you.  This is exactly what happened with my latest DACA client.  

#NeverGiveUp.

#dreamers #immigration #immigrationreform #sisepuede

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result.
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DACA to be Expanded

11/20/2014

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In addition to President Obama creating a new category of individuals eligible for protection against deportation (removal from the U.S.), the president also has plans to expand the DACA (Deferred Action for Childhood Arrival) provisions.  As it currently exists, you will be allowed for DACA if:
- You entered the US prior to turning 16 years old
- You have completed school or you are currently enrolled in school
- You have not committed a serious crime
- You were living in the US from 6/15/2007 to present
- You were physically present in the US on 6/15/2012
- You were out of status on 6/15/2012
- You were under 31 years old on 6/15/2012
- You are in the US at the time you file your DACA application

As you can see, there are many requirements.  The NEW DACA will relax some of these requirements.  


With old  DACA, you are protected for 2 years against deportation and you will receive a work permit.  The NEW DACA may extend the protection to 3 years and may delete the 31 year age cap.  For now, DACA is temporary but renewable.


To apply for DACA or to discuss the new DACA contact Spiller-Reddick Immigration Law on 540-300-2991 or email [email protected].


We have had many successes with DACA applications.  Fixing your immigration status is our main priority.  
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New TPS for Liberians - Announced Today!

11/19/2014

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U.S. Citizenship & Immigration Services announced a new Temporary Protective Status (TPS) designation for Liberians due to the Ebola breakout in West Africa.  

If you are currently in the US and you are from Liberia, Guinea, or Sierra Leone, you may be eligible for TPS and you therefore you will be allowed to legally remain in the US for 18 months.  Additionally, with TPS you will receive a work permit.

If you would like to discuss your options for TPS or another immigration matter, call your Fredericksburg Immigration Lawyer on 540-300-2991 or email us at [email protected] to schedule a consultation.  We look forward to speaking with you.  
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On November 20, 2014,  President Obama announced  his plans for immigration reform.   

11/19/2014

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It is an exciting time!  Tonight, President Obama announced his plan to provide protection against deportation (removal from the United States) for millions of people.  In 2012, our president provided protection to the Dreamers with DACA (Deferred Action for Childhood Arrivals); tonight he announced the creation of DAP (Deferred Action for Parents).  We all still need to see the fine print and we must await final guidance and implementation from U.S. Citizenship & Immigration Services, but in general it appears that you will be eligible for DAP if you:
- Are a parent of a US citizen or the parent of a US permanent resident;
- Have been physically present in the US for 5 years;
- Are not a serious criminal; and
- Are willing to pay back taxes.

If you receive DAP, you will be allowed to remain in the US, temporarily, or until a comprehensive immigration law is passed providing a true pathway to permanent status.  Also, it is possible that after receiving DAP, you may obtain permission to leave the US and return on parole, possibly curing your inadmissiblity issues.  Inadmissibility issues are the reason why you were originally unable to obtain lawful status in the first place (such as entering the US without a visa, re-entering after being deported, overstaying your visa, criminal convictions, etc.).  Depending on your inadmissibility issue(s), if you receive DAP, you should speak with an experienced immigration lawyer to determine if there is a way for your child (or another relative) to sponsor you for your permanent resident status (green card). This is an actual possibility.  

Let's not get ahead of ourselves.  It will no doubt take months before all the major and minor details are finalized.  But nevertheless, now is the time to plan.  Call Spiller-Reddick Immigration Law on 540-300-2991 to discuss your immigration options. 

We received many DACA approvals and we look forward to assisting you or your family members with your DAP application.
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New DACA Form!!! Don't have your application rejected!

7/18/2014

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USCIS recently revised the form for Consideration of Deferred Action of Childhood Arrivals (DACA) applicants.

To file for an initial application OR a renewal of your DACA, you must use the new Form I-821D with the edition date of 6/4/2014 (and expiration date of 6/30/2016).

Do not file your request using the original form (edition date of 6/25/2013 and expiration date of  6/30/2015 ); if you do, you package will be sent back to you.

There only a few changes to the form which include new fields and questions relating to the following:
- Is this an initial (first) application or a renewal request
- Questions about ethnicity and race (Hispanic/Latino, answer yes or no, and Check a box for whether or not you consider yourself  Black, White, Asian, American Indian, or Pacific Islander).
- Biographic details such as hair color, weight, and eye color.

Spiller-Reddick Immigration Law has filed multiple DACA applications on both the new and old forms.  

If you are in need of assistance with an immigration matter please contact Spiller-Reddick Immigration Law to speak with an experienced immigration lawyer.  You may call 540-300-2991 or email [email protected].


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This is what an APPROVAL NOTICE looks like!

4/3/2014

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Picture
It gives me great pleasure to obtain a positive outcome for my clients. That positive outcome may come in the form of an approval notice (i.e. the photo to the left), a grant of citizenship, or even helping my clients to obtain a driver's license via a carefully worded letter to the DMV explaining their eligibility for a license even though their application is still pending with USCIS. 

I enjoy what I do, and what I do is serve my clients.


If you are in need of assistance with an immigration matter please contact Spiller-Reddick Immigration Law to speak with an experienced immigration lawyer.  You may call 540-300-2991 or email [email protected].

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Green Cards for Family Members Who Entered Illegally or Overstayed Their Visa

1/10/2014

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Did you know that your family member can still be eligible for a Green Card even if they entered the U.S. illegally or overstayed their visa?  It is possible!  But the process is not simple and you should consult with a knowledgeable attorney before filing any immigration petitions or waivers for individuals who entered illegally or are no longer in valid immigration status.

Call 540-300-2991 to schedule a consultation with an experienced immigration attorney.

Spiller-Reddick Immigration Law can help you with all of your immigration needs. 

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Immigrant Visa (Visa Bulletin)

11/22/2013

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In October, immigrant visas were current for F2A (Spouses and Children of lawful permanent residents) from ALL countries.  For the first time, in a long time, the family immigration process was equal for both family members of lawful permanent residents (Green Card holders) and family members of US citizens.  

You see, immediate relatives of US citizens can apply for a Green Card immediately.  But usually, family members of Green Card holders will have to wait (sometimes 1,2, or even 10 years) before they are eligible to apply for their own Green Card.  

So, last month everything was equal, but sadly, we are sliding back into the way things were.  Now in November, if you have a Green Card and want to help your Spouse or Child apply for their own Green Card, you must have started the process back in September (i.e. filed the I-130, Alien Relative Petition, in September to apply for a Green Card in November).    

The process can be tricky.  Make sure that you talk to a good immigration attorney.  Spiller-Reddick Immigration Law is here to help you with all of your immigration needs.  Call today for an appointment: 540-300-2991.  You can also email:  [email protected]
#SRimmigrationLaw #SRIL #spillerreddickimmigrationLaw
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Immediate Relative for Immigration Purposes

11/14/2013

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An immediate relative is not always what you think it is.  For immigration purposes, an immediate relative is as follows:

Parent, Spouse, or Children (unmarried and under the age of 21) of a U.S. citizen. 

Immediate relatives are NOT the Parents, Spouses, or Children (any age) of lawful permanent residents.

Immediate relatives often find themselves in a better position when it comes to Green Card applications and possible inadmissiblity issues.  For example, it is unnecessary to check the Department of State Visa Bulletin to determine immigrant visa availability for immediate relatives; an immigrant visa is always available for immediate relatives.  And sticky situations like unauthorized employment and overstaying your visa are, by matter of practice, overlooked for relatives of U.S. citizens.  So, depending on the circumstances, it just may be better for a lawful permanent resident to wait until they become a naturalized U.S. citizen before filing for family members.

If you are a lawful permanent resident or U.S. citizen, and would like to start the family-based immigration process, contact Spiller-Reddick Immigration Law now to schedule an appointment (540-300-2991).


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VAWA and U visa

11/13/2013

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The Violence Against Women Act (VAWA) provides real options for immigrant victims of violence.  Whether documented or undocumented, VAWA provides a pathway to lawful permanent residence status (“green card”) and U.S. citizenship for individuals who are victims of certain serious crimes.  For example, the VAWA self-petition (USCIS Form I-360) is used predominately by undocumented women who have suffered domestic violence at the hands of their lawful permanent resident (LPR) or U.S. citizen (USC) spouse.  Sad, but true, an abusive LPR or USC spouse  will use their power and control over the filing of immigration benefits to intimidate and create fear in the hearts of the very same relatives they promised to love and cherish.  The U nonimmigrant status or “U-visa” (USCIS Form I-918) is also available for victims of domestic violence and 26 other serious crimes (ex. assault, kidnapping, blackmail, murder, etc.), if the victim reports the crime to the police and assists in the investigation of the crime.

VAWA – One Self-petitioner’s Story:

Take the story of Magda* who came the U.S. from Mexico when she was a toddler.  When Magda was 19 she married someone she knew was her soul mate, Michael.  Magda met Michael in high school.  Michael was a USC.  Soon after their marriage, Magda became pregnant and when the economy turned, Michael lost his job.  Michael began to take out his frustrations on Magda.  Magda was beaten, isolated, and psychologically abused.  Michael knew that his wife would never seek out help from the police because she was “illegal” and feared deportation most of all.  Michael knew that he had total control over his wife.  He would promise to file her “papers,” but never would and anytime Magda asked about it Michael would threaten to take their son away.  Magda soon stopped asking about her “papers.”  One day, after a very brutal night, Magda could no longer keep her fear and the pain she suffered a secret.  She visited a friend and told her about everything that she had been going through.  The friend knew that Magda was undocumented, but had no idea about the domestic abuse at home.  Luckily, the friend knew of a local organization that helped immigrant women.  Magda sought the assistance of this local organization and they told her about the VAWA Self-petition.  Magda was about to file her “papers” by-her-self, without the help, knowledge, or assistance of her abusive spouse.   In Magda’s case, she remained in the home throughout the pendency of her VAWA Self-petition and her application for permanent residence status (“green card”).  She was granted work authorization which made it possible for her to receive a better paying job and she saved money to move out.  She did all of this without her husband ever knowing.  Magda was able to retake control over her own life and her future.  This is what Congress intended when they passed the law that allowed for the creation of the VAWA self-petition.

U visa – One Applicant’s Story:

Genève‘s* story is a little different.  She was not married to the man that she lived with, but she was a victim of domestic violence all the same.  The police visited Genève’s house so many times that they knew her and her children all by their first names.  Unfortunately, Genève never agreed to press charges once the police arrived.  He was the financial backbone of the family, after all.  And although Genève called for help, she often only did so to get her boyfriend to stop hitting her.  Many times, her boyfriend was removed from the home and held for 24 hours and then released.  When he returned home he was always apologetic and promised never to touch or threaten her again.  They lived in what is called a “honeymoon” period for about two weeks until the cycle started over again.  During one of Genève’s boyfriend’s drunken stupors, he broke her nose.  When the police arrived at the home this time, the boyfriend was arrested and Genève went to the police department intending to provide her usual excuse for his actions.  Gratefully, Genève was directed to a Victim Assistance officer who just recently participated in an online training about the U-visa.  The officer surmised that Genève was in the U.S. “illegally,” but dared not ask her.  However, because of this speculation, the officer decided that she would tell Genève about the U-visa program and how it could help women of domestic violence.  The officer also directed Genève to a list of local immigrant assistance groups.  After a couple of months Genève met with a local immigrant assistance group and with the help of the group and a signed certification by the officer, she applied for the U-visa.  Similar to Magda, after Genève received her approval, and work authorization, she eventually saved up enough money to move herself out of the abusive environment.  Four years later, she received her green card.

The common thread among all of these stories is that there was an intervening entity, or guardian angel, who provided the abused women with information which allowed them step out of the fear and regain control over their lives.

The VAWA programs are a great tool to help the most vulnerable populations, but the process is often convoluted and complex.  Immigrant victims of crime are often unaware of immigration options like the VAWA Self-petition or the U-visa. 

If you, or someone you know, is or has been a victim of domestic violence or another serious crime, please contact Spiller-Reddick Immigration Law now.  You may have options that you are not even aware of.

*Name changed.

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    I love immigration work and thoroughly enjoy helping people.  I am so happy that as an immigration lawyer, I can help people on my own terms.  Welcome to Spiller-Reddick Immigration Law.  Please call 540-300-2991 to schedule a consultation.

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The purpose of this website is attorney advertisement.  The information provided through this website is for informational purposes only.  Nothing on this website should be considered legal advice.  Although Spiller-Reddick Immigration Law, PLLC,  strives to provide the most updated and current information possible, U.S. immigration law and policies are constantly changing and evolving.  The accuracy of the information on this website cannot be guaranteed and the information herein should not be relied on to make any decisions to include the filing or non-filing of immigration paperwork.  Legal decisions should be made after careful consideration with a licensed attorney authorized to practice law in your state.  Spiller-Reddick Immigration Law, PLLC, disclaims all liability for any actions wholly or partially based on the information provided on this website.  The sharing of information via this website or email will not constitute the creation of an attorney-client relationship. 

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