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May 2015 Archives

Criminal records and deportation in South Carolina

Naturalized citizens who have committed a crime after obtaining such status are generally not subject to deportation. However, it is possible that a naturalized citizen could lose citizenship status for a variety of reasons. In the event that people have made material misrepresentations during the naturalization application application, the government could move for denaturalization and eventual deportation.

Politicians criticize immigration detention centers

South Carolina residents may be aware that sharp criticism has been leveled at the Department of Homeland Security over conditions in several immigration detention centers. A surge in the number of immigrant families seeking asylum in the United States in recent years has overwhelmed U.S. immigration authorities, and a policy of housing them in mass detention centers was adopted as a short-term solution to the problem. Families are held in these facilities as they wait for their cases to be heard.

Work permits passed without approval

South Carolina residents may be affected by thousands of work permits still issued after a judge ordered the immigration initiative to remain on hold. According to the federal government, the work permits were awarded erroneously after a temporary block was put on the executive action. Court documents filed on May 7 state that 2,000 people were awarded three-year work authorizations after the Brownsville judge issued a preliminary injunction on Feb 16.

Immigration issue removed from defense policy bill

On May 14, a provision that would have helped immigrants in South Carolina to serve in the military was removed from Congress' yearly defense policy bill. The vote to remove the provision was 221-202. Although Democrats were largely in favor of keeping the provision, Republicans were divided on the issue of allowing undocumented immigrants to serve in the military.

New visa rule changes could affect South Carolina

In existence since 1990, the EB-5 visa allows those who invest more than $500,000 in the United States to get a green card. While relatively unpopular in most parts of the world, many Chinese citizens use it as a way to gain entry into the country. Once an individual gets his or her green card, he or she can then bring other family members to the United States from China.

How the Diversity Immigrant Visa Program works

North Carolina residents may be interested to learn that the winners of the 2016 Diversity Immigrant Visa Program have been selected by the U.S. Department of State. The Diversity Immigrant Visa Program, which is commonly referred to as the Green Card Lottery, provides a select number of visas to the nationals of certain countries that have low rates of immigration to the United States.

Reentry after extended foreign stay

People living in South Carolina who hold permanent resident green cards may find themselves in a situation where they are forced to stay outside of the country for longer than 365 days. Under current immigration law, a green card by itself is not sufficient reentry documentation if the person has been outside of the U.S. for more than a year, so additional steps must be taken.

Lengthy stays abroad and green card status

People in South Carolina who hold green cards may wonder what will happen if they travel abroad and then can't return for a lengthy period of time due to an unexpected illness. The ability to return to the United States based on residence status is generally only good for a period of 365 days, so longer stays can be more problematic.

Intracompany transfers and immigration

For a U.S. employer in South Carolina to move a manager or executive from an affiliated foreign office to an office in the United States, the employer and employee must obtain L-1A nonimmigrant classification. Gaining this status also allows foreign companies to send managers or executives to the United States to establish offices. However, there are several qualification requirements that the employer and worker must meet.

Potential problems with dual citizenship

Immigration issues can be complicated, and South Carolina residents may have questions about the impact of naturalization on their rights in other countries in which they are citizens. At times, dual citizenship can be beneficial, allowing one to tap into rights in more than one country. To many, the ability to own land in either nation might be advantageous. In other cases, access to various health and governmental programs could be helpful. However, there are situations that can prove challenging for a dual citizen.

Office Locations

The Kasen Law Firm, LLC
768 Saint Andrews Boulevard
Charleston, SC 29407

Toll Free: 888-370-5810
Phone: 843-376-4085
Fax: 843-821-0046
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The Kasen Law Firm, PLLC
136-20 38th Avenue, Suite 3C
Flushing, NY 11354

Phone: 718-337-8012
Fax: 843-821-0046
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Mailing Address:
P.O. Box 1865
Summerville, SC 29484