What Is The Travel Ban? Boston, MA

It’s nearly impossible to watch the news or read a newspaper without hearing or seeing a mention of President Trump’s Travel Ban, also known as Order 13769. But what is it? What does it entail? And why was it created in the first place. First and foremost, it was created to keep terrorist entities from entering the United States from countries with known terrorist ties.

Executive Order 13769 lowered the number of refugees to be admitted into the United States in 2017 to 50,000, suspended the U.S. Refugee Admissions Program (USRAP) for 120 days, suspended the entry of Syrian refugees indefinitely, directed some cabinet secretaries to suspend entry of those whose countries do not meet adjudication standards under U.S. immigration law for 90 days, and included exceptions on a case-by-case basis. Homeland Security lists these countries as Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. More than 700 travelers were detained, and up to 60,000 visas were “provisionally revoked”.

In a nut shell those seven countries were chosen because they had previously been flagged as “countries of concern” for terrorism by the Obama administration. In December 2015 Obama signed into law a measure placing some restrictions on certain travelers from Iran, Iraq, Sudan or Syria. A couple of months later, Libya, Somalia and Yemen were added. Trump’s order is more broad than Obama’s, though, banning all citizens from those seven nations from entering the country for three months.

The ban was put in place to not just protect American citizens living in the US, but to protect everyone that is in the US from known terrorist harboring countries. However, this has greatly effected immigration as many families have been torn apart and separated. If you have or your family have been effected, call the Law Offices of Rachel Rado today at 617-871-6030.

Attorney Rachel Rado – Boston, MA

Boston Attorney Rachel L. Rado is passionate and dedicated to helping you with your immigration, divorce criminal matters. We are your one stop for immigration, divorce, and criminal services in Boston! We understand how confusing and difficult the immigration process can be, so we are here every step to guide and help you through your case.

We also understand the consequences of criminal convictions and divorce when it comes to your immigration status. We can help you prevent any compromise to the immigration status you sacrificed for. We have experience in saving people from al over the world from deportation and keeping families together.

Attorney Rado earned he law degree from the Suffolk University Law School and is licensed to practice law in Massachusetts. Rachel has had a passion for immigration law for years and has experience in both employment immigration process and family, as well as deportation defense.

Rachel truly understands how important good legal representation is when going through the immigration process as she has experienced it with her own family. Rachel felt that by starting her own practice, she would be more effective in helping her community. In 2011, Rachel founded the Law Offices of Rachel L. Rado and is enjoying being able to work with the community that pushed her to pursue Immigration Law.

If you or a loved one is facing Immigration troubles in Massachusetts, call 617-871-6030.

Cancellation Of Removal – Boston, MA

The idea of Cancellation of Removal for non-permanent residents is one way to acquire a green card. However, many people frequently misunderstand this law. If you have been told that you are automatically entitled to receive a green card because you have lived in the US under the “Ten Year Immigration Law”, then the “fact” you were told is unfortunately not true and can lead to serious problems in your attempt to get a green card.

Here are a few quick pointers and facts:

  • The only place that you can apply for a Cancellation of Removal is before an Immigration Judge and not with the Immigration Service.
  • You must prove that you have been in the US a minimum of ten years between arrival and being served with papers by Immigration.
  • You must have Good Moral Character during these ten years.
  • You must prove that your removal would result in exceptional and extremely unusual hardship to your spouse, parents, or child who IS a US citizen or green card holder.
  • The “hardship” is what can make or break a case. You need to focus on the age and health of your spouse, parents, or children; while comparing to your home country’s economy, conditions, educational opportunities, as well as chances of employment.
  • Recently, many Cancellation applicants have received “administrative closure” based on a plea bargain deal. Rather than a green card, these applicants are entitled to renew work permits indefinitely.
  • No matter what, only 4,000 applicants will win Cancellation of Removal each year

If you or a loved one has been in the country for more than 10 years and are unsure as to what to do, contact the law offices of Rachel Rado at 617-871-6030 for a consultation.

Special Juvenile Immigrants, Boston MA

Sometimes, under the Special Immigrant Juvenile Status, certain aliens under the age of 21 who are declared to be dependents allows the alien to petition for permanent resident status as a special immigrant in the EB4 category.

To be awarded a Special Immigrant Juvenile Status, a juvenile court here in the United States must first declare the alien a dependent of the court or legally place the child under the custody of a state, department, or individual appointed by the state or a juvenile court in the US. The court must also find that the child cannot be reunited with one or both parents because of abuse, neglect, abandonment, or a similar case found in the state law. Following that, the court must determine that it is not in the alien child’s best interest to be returned to his or her country of nationality or last habitual residence. If the alien child is in the legal custody of the Department of Health & Human Services, the alien must request permission from HHS for a court to legally place them somewhere else.

A petition for LPR Special Immigrant Juvenile status is filed on the Form I-360 petition. The relevant court order must be in effect when the Form I-360 is filed to be approved. The alien juvenile must be unmarried and under 21 as of the filing date and be in the United States. The juvenile must be unmarried during the adjudication of Form I-360 to be eligible to be awarded the Special Immigrant Juvenile status. Although the juvenile must be admissible to gain status, many forms of inadmissibility may be waived if it is demonstrated that such a waiver is warranted because of humanitarian concerns or is in the public’s interest.

Special Immigrant Juvenile status is an extremely valuable form of immigration relief for alien children who have been neglected and/or abused by their parents or legal guardian. The process of gaining status as a SIJ can be very complicated. We urge you to call the law offices of Rachel Rado at 617-871-6030, we will guide you step by step through US Immigration Law; you are in good hands.

What Is Dual Citizenship? Boston, MA

Dual citizenship means that an individual is a citizen of two countries at the same time, having legal rights and obligations in connection with both of those countries. Dual citizenships can give you certain advantages such as easy residency in multiple countries and access to government programs, there are extra legal considerations on the flip side that can make life more complicated than needed. Having a dual citizenship, for example, means you may have tax obligations in both nations, or you may need to fulfill residency requirements causing you to be away for extended periods of time.

A person in the United States of America may acquire a dual citizenship several ways:

  1. Being born in the US to immigrant parents
  2. Being born outside the US to a US citizen and your other parent is of another country
  3. Become a naturalized US citizen while being a citizen of another country
  4. Regaining citizenship in your country of origin after becoming naturalized

Officially, the United States does not formally recognize dual citizenships. However, it has never taken any form of stand against it legally or politically. Normally, no US citizen will forfeit their citizenship by undertaking the responsibilities of citizenship in another country. This is true even if the responsibilities include traveling with a foreign passport, voting in another country’s election, or running for and/or serving in public office of another country. In nearly every circumstance, all be it some exceptions are true, the United States doesn’t care when another country claims you as a citizen as well.

The exceptions; loseng US citizenship due to dual citizenship:

  1. Serving in a military of a country that is engaged in hostile actions against the Unites States
  2. Formally renouncing one’s U.S. citizenship in front of a duly authorized U.S. official
  3. Committing an act of treason against the United States
  4. Attempting or conspiring to overthrow the U.S. Government

If you have a dual citizenship with the United States and another country, it is important to understand both your legal rights and the obligations that you have. Call us today at 617-871-6030 for a consultation with Rachel Rado Law.

VAWA Claims and Visas in Boston Massachusetts

It’s an unfortunate reality that in today’s age, violence against women is still prevalent. It is not tolerated in our country at all. However, there are countries out there that brush this fact aside and women from these countries are vulnerable to abuse and exploitation. Therefore, our government has created special Visas to protect women who came into our country and are currently being abused. This is called the VAWA Claim, better known as the Violence Against Women Act.

VAWA is a means for battered and abused spouses (as well as certain parents and children) to obtain a green card without the cooperation of the U.S. citizen or permanent resident relative who is abusing them. This means that your circumstances will cause you to be able to pursue a green card on your own without the help of the abuser.

The first Visa that falls under this claim is the U Visa which was created by the Victims of Trafficking and Violence Protection Act of 2000 to protect certain noncitizen crime victims who assist or are willing to assist in the investigation or prosecution of a criminal offense. A U visa grants the victim permission to live and work in the United States and may result in the dismissal of any case in immigration court filed against the immigrant. This Visa can last up to four years.

Following the U Visa is the T Visa, this covers severe forms of human trafficking, which is defined as (1) sex trafficking in which a commercial sex act is induced by fraud, force, coercion, or in which the victim is younger than 18 years of age, or (2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through use of force, fraud, or coercion for subjection to involuntary servitude or slavery. This too, is valid for four years.

In order to qualify for these Visa’s, you must do several things:

  1. Personal Declaration: The first piece of evidence to submit is a detailed declaration describing your relationship with the abuser and other details of your eligibility for VAWA.
  2. Obtain police clearance records that show you are of good moral character.
  3. Proof of identification: In order to prove your identity, you must submit a copy of your birth certificate and/or your passport.
  4. Proof of your abuser’s status:
    1. If the abuser is a U.S. citizen, you can submit a copy of the abuser’s birth certificate, U.S. passport, or certificate of naturalization.
    2. If the abuser is a green card holder, you can submit a copy of his or her green card, an I-130 approval notice from USCIS, or any other immigration document that refers to his or her status.
  5. Proof of your relationship: You must also show that you actually lived with the abuser.
  6. Proof you suffered abuse: It is crucial that you provide as much evidence as possible showing that you have suffered abuse. Some of the best evidence of this would be police reports or restraining orders against the abuser.

This is no doubt a scary road, but you do not have to travel it alone. Call the Immigration Law office of Rachel Rado at 617-871-6030 and set up a consultation today!

What are “U Visas”? Boston Immigration Lawyer

The U nonimmigrant status (U Visa) is set aside for victims of specific crimes who have suffered physical and mental anguish and are cooperating and helpful to law enforcement and government officials in the investigation or prosecution of criminal activity. Congress created this with the passage of the Victims of Trafficking and Violence Protection Act back in October 2000.

The legislation was intended to strengthen the ability of law enforcement agencies to investigate and also prosecute cases of domestic violence, sexual assault, trafficking of people, and other crimes. This is done while protecting the victims of crimes who have suffered substantial mental or physical abuse due to the crime, and are willing and able to help authorities in the investigation or prosecution of the crimes.

You may be eligible for a U Nonimmigrant Visa if:

  • You are a victim of a qualifying criminal activity
  • You have suffered substantial physical or mental anguish as a result of being a victim
  • You have information regarding criminal activity
  • You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime
  • The crime occurred in the United States or violated US laws
  • You are admissible to the United States

Each year, the number of U Visas is limited to just 10,000. However, there is no cap to the amount of family members of the principal applicant. So, one U Visa may easily cover multiple people in the immediate family. If the cap is reached before all U nonimmigrant petitions have been adjudicated, USCIS will create a waiting list for any eligible principal or derivative petitioners that are awaiting a final decision and a U visa.

If you or a loved one was a victim of a crime and you feel you can help bring a case against those who wronged you, you may be eligible for a U Visa, call us today at 617-871-6030 today!

What is DACA? Boston Immigration Lawyer

DACA was first formed through an executive order by former President Obama in 2012. It allows certain people called Dreamers, who come to the US illegally as minors to be protected from immediate deportation. Recipients of it are able to request “consideration of deferred action” for a period of two years which is subject to renewal. Deferred action does not provide lawful status.

Individuals are able to request DACA status if they were under the age of 31 on June 15, 2012, came to the U.S. before turning 16 and have continuously lived in the country since June 15, 2007. Individuals must also have a high school diploma, GED certification, been honorably discharged from the military or still be in school. Recipients cannot have a criminal record.

It does not provide “legal status”, and there are currently 800,000 undocumented youth and are under the umbrella. So, if DACA protects so many, why does President Trump want to dismantle it?

During President Trump’s presidential campaign, Trump had referred to DACA as “illegal amnesty.” However lately, he seemingly signaled that he had softened his stance on the program in April when he told the press that DACA recipients could “rest easy.” However, the administration has announced plans to dismantle the program.

While both Republicans and Democrats rejected Obama’s decision to instate DACA, members from both sides are urging President Trump not to dissolve the program. A group of attorney generals are pushing President Trump as the 2012 order to create DACA was illegal.

While the future of DACA remains uncertain, the 800,000 people that it covers are considered to be all illegal aliens. While they can be allowed to stay for up to two years, it’s likely they can be deported. If you are any of your loved ones fall under DACA, call our office today at 617-871-6030 for a consultation.

Working in The US as A Foreign National

For foreign nationals that are interested in working in the US, there are several different ways to obtain US employment including employment related green cards (permanent residency), exchange visitor work and study visas, and seasonal and temporary worker visas.

There are many opportunities for foreign nationals to be employed in the US. It can be a very rewarding experience to work and live in another country, experience their culture, and meet new people. Some people chose to come for a specified period of time, others come to the US for education and employment on a permanent basis. Depending on what your career goals are, the type of visa and work permit you need will vary.

Foreign nationals who are not US Citizens or lawfully permanent residents of the US need to have a work Visa, as well as a permit to work in order to work in the US. There are several types of work visas available for foreign nationals who want to work including temporary visa, seasonal work visa, and exchange worker visa. Before coming to the US, you need to obtain a Visa from the US Embassy or Consulate in your country.

A Green Card, formally known as United States Lawful Permanent Residency, allows a person to live and work in the US permanently. However, some categories require a certification from the US Department of Labor to show that there are not enough US workers who are able, willing, qualified, and available.

The green card lottery is an opportunity for potential immigrants to obtain the status as a permanent legal resident of the US. This program runs each year and provides 50,000 Green Cards to applicants randomly selected in a lottery process. This can be applied for online.If you are not a citizen or a lawful permanent resident, you will need a permit to work, officially known as an Employment Authorization Document, to prove eligibility to work in the US.

If you are having trouble with being allowed to work in the US, call the law offices of Rachel Rado today at 617-871-6030.

What Is Good Moral Character For Naturalization? Boston, MA

So, what is Good Moral character and how can you prove it? Many people wonder what they can do to show that they are a good person when submitting an application for naturalization. It’s not uncommon for people to begin collecting evidence of their good character and accomplishments to show the USCIS or immigration court without knowing if it is needed.

Showing good moral character is extremely important part of immigration. Good moral character means that a person does not have serious criminal issues in his or her past, and that the person generally fulfills his or her obligations under the law. According to the USCIS Policy Manual, good moral character is defined as “character which measures up to the standards of average citizens of the community in which the applicant resides.”

Gambling offenses, prostitution, perjury, and drug offenses on your record may thwart a finding of good moral character. You must typically show that you have good moral character for a specific period of time, depending on what type of immigration application or case you are pursuing; for naturalization it is five years.

For these five years, it is paramount you follow the law and be on your best behavior. Helping out around your community, personal accomplishments, furthering your education, attending and hosting events, etc.. can only help you. Furthermore, if you were to travel outside the United States during these five years and you did have a criminal record, you can actually be barred from reentering the United States.

If you or a loved one is having trouble proving good moral character, call the law offices of Rachel Rado today at 617-871-6030 today