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21 Oct 2016
immigration attorneys in charlotte nc

The Deferred Action for Childhood Arrivals ("DACA") program is different the lives of many young undocumented immigrants in america. Approximately 700,000 everyone has been granted DACA since President Obama created the enter in the summertime of 2012. However, as DACA holders know, the advantages are certainly not permanent. After proving one meets the requirements-continuous physical presence since 2007, entry prior to the age 16, maximum age younger than 36, finishing of or progress towards a senior high school diploma, no significant criminal record-he or they must connect with renew their DACA every two years. A DACA renewal may be denied for several criminal activity or unauthorized travel beyond your U.S., every renewal costs around $500 in filing fees alone.

Because of this, among others, DACA isn't ideal solution. Many immigrant rights' advocates push for passage from the DREAM Act-a proposal that will give permanent legal resident status to DACA eligible young people.

For sure DACA holders, however, permanent legal residency might be more than simply dream. For DACA holders with a U.S. citizen spouse or at best one U.S. citizen parent or step-parent, the DACA program may open the doorway to permanent legal residency with no act of Congress.

Exactly why most undocumented immigrants cannot legalize their status through their close American relatives could be the "ten-year bar," a provision through the 1996 Illegal Immigration Reform and Immigrant Responsibility Act which prohibits those who have lived without status within the U.S. in excess of 12 months from entering the country legally for Ten years. Within the law, people who entered the U.S. illegally cannot submit an application for their residency inside the U.S. but must apply with the U.S. consulate of their home country. But as a result of ten-year bar, leaving the U.S. to go to the consulate in one's home country equals a ten-year self-deportation. One of the ways throughout the 10-year bar may be the "provisional waiver," a difficult and frequently expensive method that many will not be able to win.

Nevertheless for DACA holders, a simply choice is available: Advance Parole or "the travel permit." On account of an appeals court decision in 2012 that decided travel outside the U.S. under pre-approved "Advance Parole" won't equal a "departure" for purposes of triggering the 10-year bar, individual who obtains DACA, receives their travel permit, leaves the U.S., and after that reenters legally using their travel permit will have the "legal entry" had to submit an application for permanent resident status inside the U.S. devoid of the provisional waiver. Considered a "legal loophole," the DACA to safely move Parole to Permanent Legal Resident is often a proven, reliable, and efficient solution for many DACA holders.

While the most practical answer will be for Congress to pass legislation to present legal permanent residency to all or any in the hardworking, law abiding immigrants who reside in the U.S. without papers, for DACA holders with U.S. citizen spouses or other certain close relatives, permanent resident status might be closer than ever.

About us: Charlotte Immigration Law practice can be a boutique legal practice focusing exclusively around immigration and nationality law. Opened last year, the Firm handles a full selection of immigration matters, including employment and family based immigration petitions, removal defense, and appeals. Our immigration attorneys in Charlotte and legal staff help aspiring Americans, their families, as well as their employers navigate the reasons of U.S. immigration law. We represent our clients before U.S. Citizenship and Immigration Services ("USCIS"), the Executive Office for Immigration Review ("EOIR" or "Immigration Court"), the Board of Immigration Appeals ("BIA"), and consular posts around the globe.

We provide affordable immigration advice and representation to people, families companies locally and worldwide. Since your immigration lawyer Charlotte we strive to make personalized legal approaches for our clients, and deliver quality advice and competitive services in a trustful, honest, and professional manner. Our immigration attorneys offer clients absolute confidentiality, an extensive and innovative method of your issues, whilst the firm's light structure permits undivided personal attention and cost-effective representation.

If you need assistance with any immigration matter, please contact one of our immigration attorneys in Charlotte. Our immigration attorneys in Charlotte provide business immigration advice and representation locally and worldwide.


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