In June 2016, The Supreme Court is expected to rule on whether or not the DAPA and expanded DACA programs, as announced by President Obama in November of 2014, are allowed to move forward.

"The fate of more than 4 million undocumented immigrants could be decided by the U.S. Supreme Court this year, in a case challenging President Barack Obama’s 2014 directives allowing them to stay in the U.S. and get work permits.
To qualify for this three-year break, undocumented immigrants must be parents of children who either were born in the U.S. or are legal permanent residents. Immigrants who were children when they entered the country illegally before 2010 and have lived here five years also would be eligible for this protection from deportation. Immigrants also must pass a background check and register with the federal government..."

Source:  http://www.bizjournals.com/bizjournals/washingtonbureau/2016/01/supreme-court-to-rule-on-obamas-immigration.html

For assistance with filing for DACA under the current rules or to discuss your eligibility to apply for other immigration options, please consider giving our office a call on 540-300-2991 or send an email to [email protected].

We all wait with bated breath, hoping that the court will do the right thing and allow hundreds of thousands deserving immigrants an opportunity to obtain lawful status in the U.S. 

Almost 10 months after President Obama's November 20, 2014 announcement, the wait continues.  Stay posted...

For assistance with an immigration matter, please Call 540-300-2991 to schedule an appointment with immigration lawyer, L'Antoinella Spiller-Reddick. 

Para ayuda de inmigración, llame 540-300-2991 y solicitar una cita con L'Antoinella Spiller-Reddick, la abogada de inmigración. 

The U.S. Department of State recently announced that the glitch in their visa production system has been resolved.  For about a month, individuals around the world were unable to receive U.S.  immigrant and nonimmigrant visas (individuals, even if their case was approved after the interview, could not receive the actual physical visa in their passports).  

Visas are now available again! A collective sigh of relief is heard throughout the immigrant world. 

If you have an immigration question or concern, please consider contacting Spiller-Reddick Immigration Law on 540-300-2991, or via email [email protected] to schedule a consultation.  

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.

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. 

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).

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.