If you are trying to visit, work, study, or tour the New York this year, it is very likely that you need to obtain a visa before arrival. Even visits lasting a couple days or one week require a visitors visa that is approved and in place prior to arrival. Only 38 countries are excepted from the United States’ strict visa requirements under the Visa Waiver Program. As you start the process of applying for your United States visa, it is common to wonder if an NY immigration lawyer could help with the process. The answer is yes, and here are five times you should certainly seek the assistance of an experienced NY lawyer. #1: You Don’t Know Which Visa Is Right for You There are numerous visa schemes in the United States immigration system. Each is for a different purpose, has different rules, and requires different eligibility criteria. To ensure your visa is approved, you need to apply under the right scheme. Submit the wrong visa application, and an immigration official will deny it immediately. For example, if you want to visit New York City to partake in a musical performance, you may need to apply for an O1 visa, which is for artists and entertainers possessing an extraordinary ability. However, if you are traveling with a group of musicians, then the P1 visa may be the appropriate choice. Similarly, if your performance is part of an exchange or reciprocal program there is a different visa option. This complexity of so many visa schemes leads many foreign nationals hoping to visit New York to hire an NY immigration lawyer. #2: You Can’t Find the Right Form to Use A vast majority of visa applications and forms are now found online. Generally, foreign nationals are asked to complete the entire visa application and approval process online, but not always. As well, your visa may require supporting documents or additional forms that aren’t directly attached or associated with the main application form. If you feel uncertain about the documents or forms you need to complete or can’t locate the latest version of an application form, an NY immigration lawyer can help. #3: Your Background Is Blemished or Complicated Every visa to the United States has a strict set of requirements. Fail to meet these requirements and there is a strong likelihood that your application is rejected. This means a blemish on your background, such as a criminal history or lack of personal savings, could invalidate your visa application. An NY immigration lawyer can help you work through these unfavorable factors and provide insight into the best ways to highlight your eligibility for a visa. #4: A Prior Visa Application Was Rejected If your earlier visa application was rejected, then it is time to speak with a Long Island, NY immigration lawyer. The United States immigration official is not required to provide an exact reason for rejecting your visa application. Perhaps you made an informational mistake within the application, but visas are also rejected for failing to follow procedure and application directions. On the other hand, you may not have met eligibility requirements. Yet, an NY lawyer can review your visa application and quickly identify the problem or inconsistency that led to its rejection. As well, if you were denied a visitor, work, or study visa for an earlier visit, engaging an NY immigration lawyer for a subsequent visa is highly suggested. #5: You Are Short on Time Before Your Trip It is possible to pay additional fees and expedite the United States visa process. This additional cost isn’t the only complexity with an expedited visa. Your short turn-around time necessitates a visa that is complete and accurate. You can leave no reason for the application to be returned, delayed or rejected. An NY immigration lawyer will be thorough in completing or reviewing your visa application. Plus, with years of experience in submitting visa applications, an NY lawyer won’t second-guess the meaning of an application question or misread information. Looking for an NY Visa Lawyer? If you need to submit a visa application to visit the United States this year or after, consider contacting the experienced team at The Law Firm of Kyce Siddiqi. We can handle any aspect of your visa application or simply provide high-quality advice to guide you through the process. Our Long Island office can be reached by calling toll free at 888-915-7333 or locally at 646-930-4488.

The United States government is officially funded through September. Congress passed and the President signed a $1.3 billion spending bill that allocates financial resources for all areas of the federal government through September 30th. How are the recent spending bill and federal funding connected to immigration? Government funding, immigration, and the proposed wall on the U.S. and Mexico border have been inexplicably linked for several months as the discussion around DACA, immigration reform, and funding have impeded Congressional negotiations for long-term government funding. However, funding is now solidified for several months, but few questions are answered about immigration. Here are the issues still in flux after the great spending debate draws to a close. No Action for the Deferred Action for Childhood Arrivals Policy In the world of immigration, we’ve been discussing the Deferred Action for Childhood Arrivals policy, or DACA, since September. It was back in early September when President Trump announced the cancellation of the DACA program and end to programs for the Dreamers – the children guaranteed protection and specific rights under the policy. In the interim months, Democrats and Republicans have made commitments to reinstate DACA in some form or fashion to protect the Dreamers. Even President Trump has said he wants to see a solution for the Dreamers brought to the table. As government funding ground to a halt in January, the Democrats tried to make protection for the Dreamers a necessity for funding the government, but ultimately the issue was taken off the table. Similarly, the spending bill passed in March offered no resolution. For the young people identified as Dreamers, the possibility of negative action and even deportation becomes a very grave concern. Yet, politicians don’t seem to have a certain answer, leading many young people to organize, contact their representatives in Congress, and contact experienced immigration lawyers for assistance. Conversation on Immigration Reform a Non-Starter After the last round of funding negotiations, when a temporary spending bill was passed by Congress, the Trump Administration responded by releasing a set of immigration reforms that it wanted to be considered alongside discussions of DACA. Some of the proposals included limitations on family-based immigration, elimination of the diversity lottery for Green Cards, and increase the funds allocated for border security and border patrol. At the beginning of February, a bill that closely aligned with the Trump Administration proposals was debated, in conjunction with a bipartisan immigration bill from Senators Chris Coons, a Democrat, and John McCain, a Republican. Neither bill had the 60 votes needed to pass, but showed the division that exists in Congress on the issue of immigration reform or changes. For now, an overhaul of the official and written U.S. immigration policy remains unlikely. This doesn’t mean changes aren’t occurring under the Trump Administration. Through a series of executive actions and decisions, the White House is making it more difficult for certain individuals to come to the United States and easier to deport those here illegally. For those uncertain or concerned with their immigration status to the United States or seeking approval of a denied visa, the time to speak with a New York immigration lawyer is now. No Funding for the Border Wall, Yet? Another major issue on President Trump’s agenda was absent from the Congressional spending bill; that being funds allocated for constructing his promised border wall. Building a wall on the border of Mexico and United States was extremely popular with his supporters, but it hasn’t come to fruition or even begun construction. The recent spending bill did little to solve the problem of paying for the border wall. President Trump first threatened to veto the spending bill over the absence of funding for the wall, but ultimately signed it into law. What does the spending bill provide for border security and protection? Congress provided an additional $1.6 billion for border security purposes. It is only a small portion of the amount President Trump requested and requires to seal off the entire border. As well, Congress has postured that the majority of the $1.6 billion will go towards improved surveillance technology and additional fencing on the southern border to bolster what already exists. The lack of funding for President Trump’s wall leaves his administration with another five months, at least, of treading water on the issue. However, the administration isn’t done looking for other options. The President suggested this morning that part of the increase in defense spending and military money could be used towards constructing the wall. It’s a tactic that is unlikely to be approved, accepted or allowed under U.S. law, but also indicates that this is another immigration issue that is far from resolved. Looking for Answers to Unresolved Immigration Questions? If you have questions about any of the major immigration issues in today’s news or specific questions about your own immigration status, it’s best to speak with a knowledgeable immigration lawyer, like Kyce Siddiqi. Our Long Island office can be reached by calling toll free at 888-915-7333 or locally at 646-930-4488.

There are several controls and limitations on U.S. immigration. These restrictions include specific eligibility requirements and following documentation processes. For example, if you want to immigrate for the purpose of long-term study, you need an institution to sponsor your visa. Another hurdle for many people trying to reach the United States is ineligibility because of past immigration violations or criminal conviction. Then, there are the immigration restrictions put in place to prevent and deter illegal immigration, including detainment and deportation. Removal from the United States is most common when an individual arrived in the country illegally, but the conviction of a crime and occurrences can also lead to removal. In some of the situations when an individual is ineligible to enter the United States or facing removal, a U.S. immigration waiver can help. Entering the United States Under a Waiver of Inadmissibility The most common U.S. immigration waiver is called a United States Waiver of Inadmissibility. This is a wavier application made by an individual while outside the United States. The purpose of this application is to request legal entry into the U.S., even though the individual is otherwise inadmissible. A New York immigration lawyer is able to assist with and submit this waiver on behalf of a client. There are several reasons an individual is inadmissible in the United States, but a waiver is only available for some of them. For example, individuals with communicable diseases, history of mental health problems, without proper vaccinations, or are likely to require government assistance can all apply for a waiver. Other classes of inadmissible that can apply for a waiver include convicted prostitutes, individuals with multiple criminal convictions, and people who previously violated immigration laws. Who isn’t able to apply for a United States Waiver of Inadmissibility? There are five classes of people unable to even apply for a waiver. These classes are foreign spies, terrorists, Nazis, drug traffickers, and drug addicts. What Is Unlawful Presence in the United States? Anyone coming to the United States on a visa or visa-waiver is permitted a finite amount of time in the country. The expiration of any visa is usually marked on Form I-94, but if not will be included in the visa documentation. When an individual overstays their allowed date or time period, they are considered out-of-status. Too much time in the United States out-of-status and the individual is prohibited from returning to the country due to an immigration violation. The individual will also be removed as an undocumented individual if discovered by Immigration and Customs Enforcement. Individuals overstaying their visa or visa-waiver happen regularly. For example, a student receives a four-year visa for studying in the United States, but after graduation wants to remain and look for work. What the student intends to be a two-week or one-month job hunt becomes a lengthy process, where a job is possibly secured, then lost, but another possibility is on the horizon. The timeframe an individual spends, in this example the student, in the United States without proper documentation and out-of-status is called unlawful presence. What Is a Provisional Unlawful Presence Waiver? When an individual has accrued over 180 days of unlawful presence in the United States, he or she is barred from reentry or applying for a new visa. The law establishing this prohibition is called the Immigration and Nationality Act. To overcome the prohibition, the individual must submit a waiver before a visitors visa will be approved. Obtaining a waiver for unlawful presence can be time-consuming. Typically, the individual doesn’t apply for the waiver until after his or her application for a visa is rejected by the United States Department of State. Then, the visa applicant must submit the waiver and go through the visa interview process again. The Provisional Unlawful Presence Waiver is a helpful shortcut. Originally a waiver for unlawful presence in the United States was only available to immediate family members of U.S. citizens. This means parents, children, and spouses of a U.S. citizen that had accumulated unlawful presence in the country could apply for the provisional waiver before exiting the country. However, this was expanded back in 2016. Now, U.S. immigration allows any individual who is eligible for an immigration visa and waiver of inadmissibility to file a provisional unlawful presence waiver. This expansion of the waiver program opened the door for future legal visits to a new subset of foreign nationals, specifically those who were undocumented in the country. How to Obtain Any U.S. Immigration Waiver? The three reasons a waiver is necessary are initial admittance to the United States to overcome inadmissibility, to prevent removal, or allow reentry because of 180 days of unlawful presence in the country. In each of these instances, the Law Firm of Kyce Siddiqi, an experienced immigration law firm, can help. To reach our New York office, call our toll-free number 888-915-7444.

About one week ago news outlets started reporting that officers from U.S. Immigration and Customs Enforcement (ICE) located, detained, and started deportation proceedings against a doctor in Kalamazoo, Michigan. The doctor, Lukasz Niec, came to the United States over 40 years ago at age five, when his parents fled war-torn Poland. Since then, Dr. Niec was the recipient of a U.S. green card and has lived in the U.S. legally. What caught the attention of ICE were allegations against Dr. Niec of child abuse allegations by Michigan law enforcement. The child abuse claims were found to be unsubstantiated and it’s expected that the Michigan State Police will drop the case, but ICE’s involvement is only beginning. While these serious child abuse allegations put Dr. Niec on the radar, it’s two, 20-year old convictions for property crimes that could lead to his deportation. He was convicted of malicious destruction of property and receipt of stolen property at age 17. One of these convictions was even expunged from his record. Still, it’s enough for ICE to detain and held in ICE custody for administrative immigration violations. It’s still unknown if Dr. Niec will be deported back to Poland based on those prior convictions. The case of Dr. Niec caught the attention of the news, but it isn’t unique in the United States. Individuals are detained under administrative arrests on a daily basis. These individuals are U.S. citizens, naturalized individuals of foreign dissent, holders of green cards and non-immigration visas, and undocumented individuals. Recent Increase in Administrative Detainment and Internal Removals In 2017 there were an estimated 143,000 administrative arrests, up 42% of the same period a year before. Also increasing are interior removals of individuals in the United States illegally and those in violation of administrative policies. These numbers show that administrative arrests and interior removals are a current focus for ICE. Meanwhile, the number of individuals detained at the border is lower. It’s a drop that’s due in part to fewer people trying to illegally cross the border and also a shift in priority for immigration enforcement. More resources, officers, and intensity on interior removals create a greater likelihood that individuals have an encounter with ICE. What to do if you are approached by an ICE officer or subject of investigation? How to Handle an Encounter with ICE? Entities and organizations recommend U.S. citizens and non-citizens behave similarly if approached or questioned by an ICE officer. In many instances, an individual’s rights are the same, irrespective of immigration status. For example, the right to remain silent or right to refuse consent to a search is available to everyone. This makes understanding your rights beforehand very important. To begin, stay quiet. A first and essential recommendation is to remain silent and not respond to questions from an ICE officer. No matter your immigration status, you have the right to remain silent. The only time to speak is when requesting an immigration lawyer, in particular individuals that are U.S. citizens should make this request early on, as they are entitled to a public defender. You should ask to leave. Immigration enforcement cannot detain an individual without making an arrest. Unless the ICE officers have a warrant for your arrest or suspect a crime has taken place, such as theft, they must let you leave. You can also refuse to a search of your person, vehicle, or home. ICE needs a warrant to perform these searches. However, if a police officer or immigration officer has reason to believe your car or home contains evidence of a crime or illegal substance, it could be searched without your consent. Most importantly remain calm. Speak with an Immigration Attorney One of the recommendations provided by immigration assistance and forums is asking for an attorney. If you’re concerned with your immigration status or made anxious by an ICE encounter, you probably need an excellent immigration attorney on your side. In our office at the Law Firm of Kycee Siddiqi, our lawyers are licensed to represent immigration clients in all 50 states. With a practice concentrated in New York City, we’ve handled difficult situations for individuals already in the U.S. and those looking to come here. For knowledgeable legal advice on your immigration matter, contact us at (888)-915-7333.

In early December the acting deputy commissioner for U.S. Customs and Border Protection, Ronald Vitello said he was “very concerned” with the increased number of unaccompanied minors crossing the U.S. Border in late 2017. This concern isn’t his alone. Immigration attorneys and human rights groups started to take note of the rise in unaccompanied minors months, and even years, earlier. These minors, officially termed unaccompanied alien children by the United States government, are taking dangerous overland routes from Central American countries to find employment and safety in the United States. Most arrivals are in their mid or late teens, but some are as young as seven or eight years old. As the term would suggest, these children come alone, without parental guidance, and without a plan after crossing the border. Poverty and unsafe work conditions are always of concern – and in the current political climate, so is the very presence of unaccompanied minors in the United States. Yet, they continue to come in droves from El Salvador, Guatemala, and Honduras. These unaccompanied, and often unprepared, minors present unique immigration issues for Border Patrol, U.S. Immigration and Customs Enforcement (ICE), detention facilities, New York immigration lawyers, and human rights groups and lobbyists. How Many Unaccompanied Minors Come to the U.S.?  According to the Pew Research Center, the number of immigrants from El Salvador, Honduras, and Guatemala jumped 25% between 2007 and 2015. In the two years since their research was compiled, it’s believed that the number of people, including undocumented individuals, from these countries, rose at the same rate. During these same time periods, these countries have experienced a massive increase in homicide rates, gang activity, and other violence. These factors, along with lack of economic opportunities in Central America, led a significant number of children and young people to leave their homes for the United States. Between 2013 and 2014 the number of unaccompanied minors from Central American apprehended at the U.S. Border doubled. That’s an unprecedented 50% increase in the spans of a single year, and a total of 47,017 unaccompanied minors arrested. Of course, this doesn’t account for the many undocumented minors would evade Border Patrol and enter the U.S. illegally. Best estimates tell us that three of every four unaccompanied minors coming to the United States are from these Central American countries. The steep rise in unaccompanied minors continued through 2014 and 2015, prompting then President Obama to call the situation an “urgent humanitarian situation.” In response, the government developed a policy of border enforcement to stop unaccompanied minors and families from entering the United States. As indicated by the 25% rise in the arrest of unaccompanied minors at the border, this was believed to be a good policy to deter young people from taking dangerous steps to come to the U.S. and prevent problems after their undocumented arrival. In the final months of the Obama administration, Border Patrol stopped 48,681 unaccompanied minors. However, the federal government and customs officials are taking a different approach today. What’s Changed Under President Trump? A few days ago, the federal government finally released the annual numbers on detainment, deportation, and immigration enforcement for the previous fiscal year. Unlike the financial year, which runs from January 1 until December 31, reports for immigration start on October 1 and end each September 30th. The information provided shows the clearest picture of how President Trump’s approach to immigration is carried out by Border Patrol and ICE officers. The most noticeable figure is a steady increase in the number of interior removals. These are individuals detained and removed from the United States away from the border. In the one year period, these deportations increased by 25%, with a 37% increase since President Trump’s inauguration. This substantial rise in interior removals is matched by a noticeable drop in the number of people arrested by Border Patrol. In the same one-year period, the arrests by Border Patrol dropped by 25%. Border Patrol detained just 310,531 people between October 1, 2016, and September 30, 2017, whereas 415,816 people were arrested in the same period a year before. That’s the lowest number of arrests by Border Patrol since 1971. It’s possible that some of this shift is attributed to fewer people attempting to cross the U.S. Border illegally. Change in rhetoric and political climate could deter some individuals from trying, but the corresponding change in border arrests and ICE internal removals indicates an entire shift in policy. When it comes to all undocumented immigrants, the focus appears to be on detainment and deportation of individuals already in the country. Impact on Unaccompanied Minors The policy shift means that more unaccompanied minors are making their way to the United States. There isn’t conclusive evidence of this yet, but the statement by Vitello of the U.S. Customs and Border Protection and the continuation of undocumented immigrants from Central America indicates that this is likely. Once in the United States, these young people are at a much higher risk of detainment. Yet, there are restrictions and laws on holding minors detained by ICE. Minors are only held in certain circumstances, which causes substantial problems with hearing dates and deportation. Under the current administration, there’s a stronger use of ICE enforcement and removal, even for unaccompanied minors. Recent articles and research have considered the increase in unaccompanied minors crossing the U.S. Border from Central and South American countries. To learn more about the status of unaccompanied minors, their treatment as undocumented aliens in the U.S., or the continued trend of their arrival in the U.S. – contact New York attorney Kyce Siddiqi.