Immigration Law Archives - Gamino Law Offices, LLC

What is a Public Charge?

In immigration, a public charge is someone who’s likely to – or who already has – used certain public benefits for 12 months out of any 36-month period. Being a so-called public charge can affect a person’s immigration application, whether he or she wants to become a lawful permanent resident or a naturalized citizen. Here’s what you need to know.

What is a Public Charge?

The U.S. government considers someone to be a public charge if that person uses one or more of the following benefits for 12 months out of any 36-month period:

Supplemental Security Income (SSI)
Temporary Assistance for Needy Families (TANF)
Any federal, state, local or tribal cash benefit programs for income maintenance
Supplemental Nutrition Assistance Program (SNAP)
Section 8 Housing Assistance under the Housing Choice Voucher Program
Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
Public Housing
Federally funded Medicaid (with some exclusions)

That means if you’re a lawful permanent resident who has used Temporary Assistance for Needy Families for more than 12 months out of any 36-month period, you’re considered a public charge.

Who is Exempt From the Public Charge Rule?

Some people are automatically exempt from being considered public charges. These people include:

Refugees
Asylees
Afghans and Iraqis with special immigrant visas
Some nonimmigrant trafficking and crime victims
People who apply under the Violence Against Women Act
Special immigrant juveniles
Others who have received a waiver of public charge inadmissibility from the Department of Homeland Security

Do You Need to Talk to a Lawyer About Lawful Permanent Resident Status or Adjustment of Status?

If you’re considering applying for a green card, or if you’re ready to apply to become a naturalized U.S. citizen – whether or not you’ve ever used public benefits – you may want to talk to an attorney about your case. Call us at 414-383-6700 to schedule your consultation today. We can provide you with the answers and legal guidance you need.

Carlos Gamino

By Carlos Gamino|2020-03-20T08:32:34-05:00April 11th, 2020|Immigration Law|Comments Off

New Public Charge Rule

By Attorney Carlos Gamino

The Department of Homeland Security’s new Public Charge Rule may have an impact on your green card eligibility or your citizenship application. It’s most likely going to decrease the number of people who are eligible for green cards – so here’s what you need to know.

2020 Changes to the Public Charge Rule

The Public Charge Rule is officially being implemented after several lengthy court battles. (The U.S. Supreme Court stayed the final injunction on it in March 2020.)

A “public charge” is a person who receives certain types of public benefits. If USCIS feels that a person is likely to become a public charge, which means that person would (or did) use certain benefits for more than 12 months out of any 36-month period, it can reject a green card application or a citizenship application.

Under the previous rule, USCIS would look at an applicant’s Affidavit of Support and make a determination – but now, it can use other factors to weigh its decision. These are the factors an individual USCIS officer can look at to make an independent decision (and all officers may have different criteria):

Age
Health
Family status
Education and skills
Assets, resources and financial status
Expected period of admission

What Public Benefits Count Against the Public Charge Rule?

The benefits that count against the rule include:

Supplemental Security Income (SSI)
Temporary Assistance for Needy Families (TANF)
Any federal, state, local or tribal cash benefit programs for income maintenance
Supplemental Nutrition Assistance Program (SNAP)
Section 8 Housing Assistance under the Housing Choice Voucher Program
Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
Public Housing
Federally funded Medicaid (with some exclusions)

Benefits that won’t count include Medicaid benefits received for emergency treatment or in connection with the Individuals with Disabilities in Education Act.

Will the 2020 Changes to the Public Charge Rule Affect You?

If you think the changes to the Public Charge Rule will affect your case, you may want to talk to a Milwaukee immigration attorney. Call us at 414-383-6700 now to schedule a consultation about your case.

Carlos Gamino

By Carlos Gamino|2020-03-20T09:06:18-05:00March 25th, 2020|Immigration Law|Comments Off

What is H-4 EAD Removal?

By Carlos Gamino

Thousands of H-4 visa holders are living – and working – across Wisconsin. However, some H-4 dependent spouses are on the verge of losing work authorization in the U.S. Here’s what you need to know.

H-4 Employment Authorization

Some spouses of H-1B nonimmigrants qualify for employment authorization. This authorization allows the husband or wife of an H-1B visa holder to work anywhere, including as a self-employed businessperson, in the United States. But right now, that authorization hangs in the balance for many families.

The current presidential administration has been working overtime to roll back rules put in place during former President Obama. One of those rules provided H-4 visa holders the ability to work while residing in the U.S. The rule in question had been in place since 2015, and it allowed H-4 visa holders who were waiting for green cards to apply for an employment authorization document, or EAD. Two years later, the current administration unveiled its plan to discontinue these work permits – and it’s been battled in court since then.

Some companies, including Pepsi, American Airlines and Apple, are fighting to keep H-4 visa holders in the workforce. Their argument is that the highly skilled H-4 workers they employ will be forced to take their skills to other countries because they can’t work here. The consequences could be dire – especially in fields involving science, information technology, engineering and mathematics – where there are already significant shortages.

Do You Need to Talk to an Attorney About Your Immigration Status and EAD Removal?

If you’re married to an H-1B visa holder and you have H-4 status, you could still qualify for another type of business immigration if your EAD is removed. We may be able to help you find realistic alternatives, so call us at 414-383-6700 today or contact us online.

Carlos Gamino

By Carlos Gamino|2020-02-16T12:51:04-06:00March 14th, 2020|Immigration Law|Comments Off

The Asylum Process in the United States

By Carlos Gamino

The U.S.’s asylum process can be complicated – and many people end up working with an attorney to ask for safe haven within the country. Asylum is only available to people who are being persecuted (or who are in danger of being persecuted) in their home countries, so here’s what you need to know if you’re considering it.

The Asylum Process in the United States

If you want to obtain asylum in the U.S., you must present yourself to immigration authorities and claim a credible fear of persecution based on:

Religion
Race
Nationality
Political opinion
Membership in a social group

You must have a valid fear or past experience with persecution in your home country. Otherwise, your petition for asylum will be denied.

What is Persecution for Purposes of Asylum in the U.S.?

Persecution can fall into several categories, including discrimination, physical abuse, harassment, unjust arrest or imprisonment, or another type of harm. However, the U.S. will only grant you asylum if the persecution you experienced is due to one of the five factors listed above. The persecution can’t be from just anyone, either – it must come from your home country’s government or from forces that your government can’t control, like guerrilla groups.

The Asylum Interview

U.S. Customs and Immigration Services will require you to come in for an interview if you’re asking for asylum in the United States. You’ll have to talk about all the facts you listed in your asylum application to prove that you have a credible, well-founded fear of persecution (or that you’ve been persecuted in the past). After your interview – but not on the same day – the U.S. government will make a decision about your application.

Are There Alternatives to Asylum?

If you’re outside the U.S., you won’t apply for asylum. Instead, you’ll ask for refugee status. You must meet the same criteria for persecution that you would to become an asylee.

Related: Asylum vs. refugee status

There are other alternatives, though. If you cannot prove a well-founded fear of persecution or show that you’ve been persecuted in the past (and that your persecution is likely to continue), there may be other ways for you to enter the United States lawfully.

If you’re considering immigrating to the U.S. for any reason, we may be able to help you. Call us at 414-383-6700 to schedule your immigration consultation today, or contact us online.

Carlos Gamino

By Carlos Gamino|2020-02-16T12:32:02-06:00March 2nd, 2020|Immigration Law|Comments Off

Family Immigration in Wisconsin

By Carlos Gamino

U.S. citizens and some lawful permanent residents are eligible to bring certain family members into the United States using family immigration processes. Not all relatives are eligible – but if yours are, a Wisconsin immigration attorney may be able to help.

Family Immigration: Immediate Relative Immigrant Visas for Family Members of U.S. Citizens

The immediate relatives of U.S. citizens are often eligible to come to the U.S. on an immigrant visa. Unlike other types of visas, these visas are unlimited in number – there are no caps or waiting periods associated with them. The family members eligible for this type of immigration benefit include:

Spouses
Unmarried children (and their minor children)
Parents
Orphans adopted abroad
Orphans to be adopted in the U.S.
Fiancés

U.S. citizens can petition on behalf of siblings, siblings’ spouses and siblings’ minor children, but there are limits on the numbers of visas available to these immigrants.

Immediate Relative Immigrant Visas for Family Members of Lawful Permanent Residents

Immigrant visas for family members of lawful permanent residents who hold green cards are limited in number, but they’re available to:

Spouses
Minor children
Unmarried children over the age of 21

Requirements for Family Immigration Petitions

Before you can file a petition on behalf of a relative, you must determine which category that person belongs in – and your attorney can help you. When you know the appropriate category, your attorney can file either an I-130, Petition for Alien Relative, or an I-129f, Petition for Alien Fiancé. You’ll have to pay the appropriate fees and wait until your petition is reviewed. You’ll also have to file supporting documentation, such as:

An affidavit of support, which says that you’ll financially support your relative if necessary
Photographs and birth certificates, marriage and divorce certificates, and other important documents
Court and prison records
Police certificates
Adoption documents
Other documentation that U.S. Citizenship and Immigration Services or the State Department deems necessary

Your relative will also have to pass background checks and meet admissibility criteria to get approval to come to the U.S.

Do You Need Legal Advice on Family Immigration?

Because U.S. immigration law can be complicated – and because it can be a long, drawn-out process, many people turn to a Wisconsin immigration attorney for help. If you’re considering petitioning the U.S. government for a relative, we may be able to assist you. Call us at 414-383-6700 today to learn more.

Carlos Gamino

By Carlos Gamino|2020-02-16T13:14:34-06:00January 27th, 2020|Immigration Law|Comments Off

What Relatives Can a U.S. Citizen Sponsor

By Carlos Gamino

U.S. citizens can petition the government to bring foreign family members into the country. To do so, the citizen must sponsor his or her family members – but not all family members count. In fact, there’s a popular “chain migration” myth that says an immigrant can sponsor his or her whole family, but it’s almost completely untrue. So what relatives can a U.S. citizen sponsor to come to the United States?

What Relatives Can a U.S. Citizen Sponsor?

If you’re a U.S. citizen, whether you were born here or you naturalized, you can only sponsor your:

Parents
Spouse
Children
Siblings

There are restrictions on each category, too, and every family member you sponsor must meet admissibility criteria to come to the country. For example, if U.S. Citizenship and Immigration Services finds that one of your family members isn’t of “good moral character,” it will deny your petition to sponsor him or her. In most cases, you must also file an affidavit of support, which says that you’ll provide financial support so that the person you’re sponsoring doesn’t become a public charge (someone who relies on social safety nets, like welfare and federal- or state-funded medical coverage).

Here’s a closer look at each sponsorship category.

Parents

To sponsor your parents for immigration purposes, you must be 21 or older. There are no limits on these types of visas, which means your parents don’t have to wait for a number to come up in the government’s system. They can come as soon as the State Department and USCIS process and approve their applications.

Spouses

Spouses count as immediate relatives, and as such, they’re not subject to visa limits. Like parents, spouses can come to the U.S. when their petitions are reviewed and approved. You must be at least 18 years old to petition for a spouse.

Children

Many children count as immediate relatives, and you must be at least 18 years old to petition for kids to come to the U.S. If your children are minors and they’re unmarried, they’re not subject to visa caps (like parents and spouses). However, if your children are married or they’re over the age of 18, they’re considered “preference relatives,” and they must wait for visa availability.

Siblings

You can petition to bring your brothers and sisters to the U.S., but like married adult children, the government considers them preference relatives. Additionally, you must be 21 or older to petition for your sibilings.

Do You Need to Know More About What Relatives a U.S. Citizen Can Sponsor?

If you need to know what relatives a U.S. citizen can sponsor, or if you’re ready to start the process of bringing your immediate family members to the United States, we can help. Call us at 414-383-6700 for more information.

Carlos Gamino

By Carlos Gamino|2020-02-16T13:18:49-06:00January 21st, 2020|Immigration Law|Comments Off

Proposed Changes to the Public Charge Rule in Immigration

By Carlos Gamino

Ken Cuccinelli, the acting U.S. Citizenship and Immigration Services Director recently claimed that the famous poetry on the Statue of Liberty – “The New Colossus” by Emma Lazarus – referred mostly to European immigrants. Cuccinelli also added his own twist in an interview with NPR, stating that it should say, “Give me your tired, your poor who can stand on their own two feet and who will not become a public charge.”

So what is a public charge, and what kinds of changes has the current administration proposed?

What is a Public Charge?

The term public charge refers to a person who is primarily dependent on the government for support. That could include using a form of welfare or public assistance that tax dollars pay for. The government currently determines who’s likely to become a public charge by having an immigration officer look at a person’s “totality of circumstances,” such as the person’s:

Age
Health
Family status
Financial status
Education and skills

Not all immigrants have to undergo this “public charge test.” Some immigrants who fall under humanitarian categories, like refugees and asylees, may not have to show that they won’t become a public charge; in some cases, certain immigrants qualify for a public charge waiver.

What Changes Could Occur?

If the proposed changes take effect:

More programs can be considered when determining whether someone is likely to become a public charge, like some healthcare, housing and food programs
Income levels may be considered
Other standards might fall under the “totality of circumstances,” such as a person’s ability to speak English, as well as physical and mental health conditions that could affect the person’s ability to work

The proposed changes have not yet taken effect, but if they do, they could cut down legal immigration as early as October 15 of this year.

Do You Need to Talk to an Immigration Attorney in Milwaukee?

If you’re considering immigrating to the United States, we may be able to help you. Call us at 414-383-6700 to set an appointment for a consultation to discuss your situation with a Milwaukee immigration attorney today.

Carlos Gamino

By Carlos Gamino|2019-11-27T22:18:20-06:00November 27th, 2019|Immigration Law|Comments Off

Exceptions to Naturalization Requirements in the U.S.

By Carlos Gamino

When a person wants to become a naturalized U.S. citizen, he or she must meet several requirements – including a requirement to speak English, take a civics test, and recite the Oath of Allegiance. However, there are some exceptions available to people who qualify. Here’s what you need to know.

Exceptions to Naturalization Requirements in the U.S.

Some people qualify for exceptions to the U.S.’s naturalization requirements that involve speaking English and taking a civics test, as well as taking the Oath of Allegiance to the U.S.

English Language Exceptions

You could be exempt from the English language requirement if you are:

Age 50 or older, if you have been in the U.S. as a permanent resident with a green card for at least 20 years
Age 55 or older, if you have lived as a permanent resident with a green card for at least 15 years

If you’re exempt under these rules, you’ll still have to take the civics test – but you can take it in your native language, provided that you bring an interpreter with you to your interview.

English and Civics Exemptions for Medical Disabilities

If you can’t speak English or take the civics test because you have a physical or developmental disability (or a member of your family does), you could be exempt from both. You must bring in a form completed by a licensed medical doctor or psychologist to prove that you (or your family member) has a disability that would prevent you from doing either of these things.

Do You Need to Talk to an Attorney About Exceptions to Naturalization Requirements?

We may be able to help you file your paperwork for U.S. naturalization, as well as help you prove that you’re exempt from either the English language requirement or the civics test requirement – or both.

Call us at 414-383-6700 now to schedule a consultation with a Milwaukee immigration attorney who can help.

Carlos Gamino

By Carlos Gamino|2019-11-27T22:03:19-06:00November 27th, 2019|Immigration Law|Comments Off

Could You Pass the U.S. Naturalization Test?

By Carlos Gamino

When eligible green card holders want to become naturalized U.S. citizens, they have to take the naturalization test. While the entire test features 100 civics-related questions, people are asked up to 10 of them and must answer six of them correctly in order to pass.

The overall national pass rate is 90 percent – but could you do it?

A recent study found that only one in three Americans would pass the multiple-choice test. In the study, researchers discovered that only 13 percent of people surveyed knew when the U.S. Constitution was ratified, and only 40 percent knew which countries the U.S. fought against in World War II.

Some of the questions are fairly easy – if you’ve lived here your whole life. For example, you might see:

We elect a president for how many years?
Who is in charge of the executive branch?
Which war wasn’t fought by the United States in the 1900s?

Sure, you can answer these: 4, the president, and the Global War on Terror.

But could you answer some of the toughest questions? According to a 2011 study, these are the five hardest.

1. How many amendments does the Constitution have?

A. 14
B. 21
C. 25
D. 27

2. Which of these is something Benjamin Franklin is known for?

A. He was the first person to sign the Constitution
B. He discovered electricity
C. He was the nation’s first Postmaster General
D. He was the nation’s second president

3. Who was president during World War I?

A. Woodrow Wilson
B. Warren Harding
C. Calvin Coolidge
D. Franklin D. Roosevelt

4. Which statement correctly describes the “rule of law”?

A. The law is what the president says it is
B. The people who enforce the laws do not have to follow them
C. No one is above the law
D. Judges can rewrite laws they disagree with

5. Under the Constitution, which of these powers does not belong to the federal government?

A. Ratify amendments to the Constitution
B. Print money
C. Declare war
D. Make treaties with foreign powers

Answers

1. D
2. C
3. A
4. C
5. A

How did you do? Did you get all five correct?

People who want to become naturalized U.S. citizens have to answer at least six out of ten questions correctly. If someone fails the test twice, they must apply to retake it and pay the filing fee again.

Are You Thinking of Immigrating to the U.S.?

If you’re interested in immigrating to the U.S., we may be able to help you. Call us at 414-383-6700 to schedule your consultation with an immigration attorney in Milwaukee. We can answer your questions about asylum, citizenship, family sponsored visas (and other types of visas) and even deportation defense.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:47:28-06:00November 27th, 2019|Immigration Law|Comments Off

Asylum vs. Refugee Status

By Carlos Gamino

When people want to come to the U.S. to escape persecution in another country, they can apply for asylum or refugee status.

But what are the differences between the two?

Here’s what you need to know.

Asylum vs. Refugee Status

Basically, asylum and refugee status are the same – but there’s one major difference, and it lies in where you asked to enter the U.S. for protection.

Asylum

You can apply for protection in the U.S. under asylum laws if you meet the definition of a refugee and you’re already in the United States. You can ask for asylum no matter where you’re from, and regardless of your current immigration status. In fact, you have up to one year after arriving in the U.S. to ask for asylum in most cases.

Refugee Status

You can apply for protection in the U.S. under refugee laws if you meet the definition of a refugee and you’re of “special humanitarian concern to the United States.” You can ask for refugee status when you’re outside your country but not in the U.S. (If you’re in the U.S., you’ll ask for asylum.)

What’s the Definition of a Refugee?

A refugee is a person who has been persecuted in his or her country or has a credible fear that they will be persecuted because of:

Race
Religion
Nationality
Membership in a particular social group
A particular political opinion

A person’s eligible family members can typically be allowed into the U.S. with the refugee or asylee, but every case is different, and you must apply for permission to bring or include your family on your petition.

Do You Need to Talk to a Milwaukee Immigration Attorney?

If you need to talk to a Milwaukee immigration attorney, we may be able to help you. Our lawyers can answer your questions and help you with asylum or refugee status, removal proceedings and immigrant visas, as well as a wide range of other immigration issues. Call us at 414-383-6700 to schedule your consultation today.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:26:23-06:00November 27th, 2019|Immigration Law|Comments Off