• Deportation & Removal
• Lawful Permanent Residence
• Removal of Condition (I-751)
• Asylum
• Citizenship
• Consular Processing

• Motor-Vehicle Accident
• Pedestrian/Fire/Dangerous Premises

• DUI/DWI
• Assault/DV
• Theft/Shoplifting
• Post Conviction Relief

IMMIGRATION

WE HELP YOU TO STAY IN THE UNITED STATES

Immigration Status in the United States of America.
The United States is a country made up with immigrants from all over the world. Vast economic opportunities, social and political freedom that exist in the United States attract the constant and unending flow of immigrants. While the United States is welcoming to immigrants, it has over time instituted harsh immigration laws to limit the flow of illegal immigration and to deport undesirable aliens back to their counties. Unites States immigration laws are vast and complex. The information contained here applies generally to the cases in the particular areas of our practice. Therefore, it is essential to consult an immigration attorney for a specific answer to your legal problem.

Who Makes United States Immigration Laws?
The Constitution of the United States vests upon Congress, the power to control immigration to the United States. This means that Congress has the authority to change any immigration laws, immigration status, eligibility or procedure to acquire any immigration status. The only status Congress has no authority to change is citizenship acquired by birth in the United States. Under certain circumstances, immigration can revoke citizenship acquired by naturalization. Under its plenary power over immigration, Congress has over the centuries since independence, passed laws that regulate immigration to the United States. All immigration laws passed by Congress is contained in the Immigration and Nationality Act (INA) under Chapter 8 of the United States Code (8 U.S.C). At different periods in our history, the immigration laws have been more lax than at other times. At the present time, U.S. immigration laws have become quite harsh in reaction to illegal immigration from Mexico and in reaction to public outcry over criminal activities involving aliens. At the present time, the immigration law landscape is dominated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). IIRIRA contains provisions that make millions of illegal immigrants in the United States inadmissible. IIRIRA also makes new and far reaching classes of crimes, deportable or removable offenses. IIRIRA is so harsh that it classifies some state misdemeanors as “aggravated felony”, with no immigration reliefs or waivers. Hopefully, Congress will respond to the public outcry over the harshness  of these immigration laws it has passed since 1996, and ameliorate the impact on families. These laws have resulted in family separation, and removal of aliens to countries where they sometimes face harsh treatment or threat of death.

Who is Department of Homeland Security (DHS)
Congress delegates enforcement of the immigration laws to the Department of Homeland Security (DHS), formerly known as Department of Justice. Department of Homeland Security is responsible for providing immigration-related benefits and status such as naturalization, lawful permanent resident status, asylum, work authorization, or other process that confer immigration status, whether immigrant or nonimmigrant to aliens physically present in the United States.

Who is United States Citizen and Immigration Services (USCIS)
USCIS was created in 2003 to replace the former Immigration and Naturalization Service (INS). USCIS is the branch of Department of Homeland Security that is responsible for administration of the immigration and naturalization laws. USCIS is the agency that develops and implements the rules and regulation that govern the adjudication of immigration petitions. Examples of these functions and petitions include:

• Processing of immigrant visa or lawful permanent resident petitions;
• Processing of naturalization or citizenship applications;
• Processing of asylum and refugee applications;
• Processing of change of change of non-immigrant status;
• The USCIS adjudicates all applications filed at the service centers and any other adjudication or functions performed by the former INS.  

Who is United States Immigration and Custom Enforcement (USICE)
Immigration and Custom Enforcement (ICE) is part of the Department of Homeland Security, created after the September 11, 2001 terrorist attacks to essentially remove or deport criminal and inadmissible aliens from the United States. U.S. Immigration and Custom Enforcement attorneys represent the government before immigration court.
We represent clients before all the branches of the Department of Homeland Security, especially in the areas of:

• Deportation & Removal
• Lawful Permanent Residence
• Removal of Condition (Form I-751)
• Citizenship/Naturalization
• Consular Services

For additional questions, please contact us at martin@actuslawgroup.com.