Immigration Law Archives - Gamino Law Offices, LLC

Can You Be Deported for Committing a Crime?

If you’re like many immigrants, you know that the United States government can (and does) deport people for a wide range of reasons. But can you be deported for committing a crime? Here’s what you need to know.

Can You Be Deported for Committing a Crime?

If you’re a visa-holder or a lawful permanent resident of the U.S., some crimes can get you deported. That means an immigration judge can order you to leave the country, even if you have family here, a job, and a home – and even if you’ve been here most of your life. (In rare cases, even naturalized U.S. citizens can be deported.)

What Crimes Are Grounds for Deportation?

If you’re convicted of the following crimes, you could be deported from the United States:

Aggravated felonies
Crimes of “moral turpitude”
Document fraud (such as on your immigration application)
Domestic violence
Drug crimes
Espionage
Firearms trafficking
Fraud
Human trafficking
Money laundering
Murder
Rape
Sabotage
Smuggling
Terrorism

This isn’t a complete list, either. Some crimes fall into larger categories, such as crimes of moral turpitude or aggravated felonies.

What Should You Do if You’re an Immigrant Accused of a Crime?

For most immigrants, the best possible thing to do when accused of a crime is to get in touch with a Wisconsin criminal defense attorney. Your attorney can evaluate your case and find the best possible defense – and if the state ends up dropping the charges or you’re found not guilty in court, you won’t have to worry about whether a crime makes you deportable.

Naturally, there’s no way to predict how a judge will rule in any case – but when you have a lawyer on your side, there’s someone knowledgeable in your corner who can fight back against the charges leveled against you.

Do You Need to Talk to an Attorney Because You’re an Immigrant Who’s Accused of a Crime?

If you’re an immigrant who’s been accused of any crime – whether you’re a visa-holder, a lawful permanent resident with a green card, or a naturalized U.S. citizen, we may be able to help you. Call our office at 414-383-6700 now to speak with a caring, knowledgeable Wisconsin criminal defense attorney in a free (and confidential) consultation.

Carlos Gamino

By Carlos Gamino|2021-05-17T22:46:35-05:00July 21st, 2021|Criminal Law, Immigration Law|0 Comments

What is an E-2 Visa?

By Attorney Carlos Gamino

If you’re interested in immigrating to the United States, you’ll need a visa that permits you to come into the country. There are dozens of different types of visas – some that can eventually lead to naturalization and some that cannot – and for many people, the best solution is to talk to a Wisconsin immigration attorney to figure out what type of visa is appropriate. In some cases, it’s an E-2 visa

What is an E-2 Visa?

An E-2 visa is a nonimmigrant visa for people who wish to come to the U.S. to be admitted to the country to invest a “substantial” amount of capital in a U.S. business. Unlike many other types of visas, you can petition for an E-2 visa for yourself – you don’t need an employer or family member to do it for you.

Who Qualifies for E-2 Visas?

You must be a national of a country with which the U.S. has a treaty of commerce and navigation, and you must have invested (or be in the process of investing) in a U.S. business. You must also be seeking to enter the U.S. for the purpose of developing and directing the “investment enterprise” – the company in which you’re investing.

Related: What is an EB-5 visa?

Can Your Family Come With You if You’re in the U.S. on an E-2 Visa?

In many cases, you can bring your spouse and unmarried children who are under the age of 21 if you’re coming to the United States on an E-2 visa.

Related: Nonimmigrant visas

How Long Can You Stay in the U.S. on an E-2 Visa?

You can remain in the United States for two years on your initial E-2 visa. You can request that the government extend your stay in increments of up to two years after that. There’s no limit on the number of extensions you can file, either.

What is a “Substantial” Amount of Capital?

The U.S. government, in this case, defines a substantial amount of capital as:

An amount that’s substantial in relationship to the total cost of purchasing an established business or establishing a new one
Enough to ensure that the investor is financially committed to the business’s success
Large enough to support the likelihood that the applicant will be successful at developing and directing the business

Do You Need to Talk to a Lawyer About Obtaining an E-2 Visa?

If you’re interested in obtaining an E-2 visa to invest in a U.S. business, we may be able to help you. Call our office at 414-383-6700 now to discuss your options and get the answers you need.

Carlos Gamino

By Carlos Gamino|2021-05-17T22:37:29-05:00July 13th, 2021|Immigration Law|0 Comments

What is a Marriage Green Card?

By Defense Attorney Carlos Gamino

If you marry a United States citizen or lawful permanent resident, you’re most likely entitled to a marriage-based green card – a document that lets you live and work anywhere you’d like in the United States. Having a green card (marriage-based or otherwise) enables you to eventually apply for U.S. citizenship and become naturalized.

What is a Marriage Green Card?

When you’re married to a citizen or lawful permanent resident (another green card-holder), you’ll need authorization to live and work in the U.S., and a green card provides that. Many people choose to work with a Wisconsin immigration attorney to apply for these green cards because the process can be complex and time-consuming.

You cannot apply for your own marriage-based green card (in most cases). Your citizen or lawful permanent resident spouse must apply on your behalf. You’ll need to establish your marital relationship by providing a marriage certificate or other documentation, and then you’ll need to provide supporting documentation that shows the U.S. government that your marriage is real (and that you didn’t just get married to obtain an immigration benefit).

Will You Have to Attend an Interview for a Marriage Green Card?

You will have to attend an interview with a U.S. government official to get your marriage-based green card. The interviewer’s goal is to ensure that you’re in a bona fide marriage – one that’s genuine. Your interviewer may ask you questions such as:

Where did you and your spouse meet?
Who proposed?
Which side of the bed does your spouse sleep on?
What’s your spouse’s favorite food, TV show or movie?
What are your future plans with your spouse?

As long as the interviewer is convinced that your marriage is genuine, you should receive approval for your marriage-based green card.

Related: I-485 interviews

Conditions on a Marriage Green Card

You’ll receive a “conditional” green card if you’ve been married for fewer than two years. If that’s your situation, you’ll have to petition the U.S. government to remove the conditions before your green card expires (and that’s something your attorney can help you with, as well). After you remove the conditions, you’ll receive your permanent green card, which you only need to renew every ten years. With a permanent green card, you’re eligible to apply for naturalization and become a U.S. citizen.

Do You Need to Talk to a Lawyer About a Marriage Green Card for Yourself or Your Spouse?

If you’re married to a U.S. citizen or lawful permanent resident, or if you’re a citizen or green card-holder married to a foreigner who wants a green card, we may be able to help you. Call us at 414=383-6700 now to schedule your consultation – we’ll be happy to answer your questions about U.S. immigration.

Carlos Gamino

By Carlos Gamino|2021-05-17T22:32:43-05:00June 8th, 2021|Immigration Law|Comments Off

B-1 Visas for Temporary Business Visitors

By Attorney Carlos Gamino

If you’re coming to the United States for a short business trip, there’s a good chance that you need a B-1 visa to do so. These visas are for short-term trips – usually those lasting less than 6 months – and they only allow you to do certain things while you’re in the U.S.

B-1 Visa Basics

Some of the most common reasons people use B-1 visas include:

Consulting with business associates
Traveling for specific conventions or conferences
Settling estates
Negotiating contracts
Participating in short-term training
Transiting through the U.S. (although only certain people are permitted to do so)
Entering the U.S. as a deadhead crew (although only certain air crewmen may do so)

How Do You Apply for a B-1 Visa?

You may wish to have an attorney handle the B-1 visa application process for you – that way, you can focus on your business rather than filling out complicated immigration forms. To apply, you’ll need to complete a visa application and submit supporting documentation to the U.S. government. You may need an appointment at the nearest U.S. embassy or consulate in your home country, as well.

Related: Nonimmigrant visas

How Long Can You Stay in the U.S. on a B-1 Visa?

Generally, the initial period of stay on a B-1 visa is one to six months, with six months being the maximum. However, it is possible to extend a B-1 visa for an additional six months in some cases. The maximum amount of time you can stay in B-1 status is one year. You may return for additional trips as necessary.

Related: Employer-sponsored visas

Can Your Family Come With You if You Get a B-1 Visa?

Your B-1 visa doesn’t extend to your family members. Each dependent family member you wish to bring must apply for and be approved for a B-2 visa.

Do You Need to Talk to an Attorney About Getting a B-1 Visa?

If you need to speak with a lawyer about getting a B-1 visa, or about getting B-2 visas so your family can accompany you, we may be able to help. Call us at 414-383-6700 to schedule your consultation with an experienced immigration attorney – we’ll be happy to answer your questions.

Carlos Gamino

By Carlos Gamino|2021-07-17T08:44:58-05:00May 10th, 2021|Immigration Law|Comments Off

What is an EB-5 Visa?

By Attorney Carlos Gamino

If you’re an investor, you could be eligible to apply for an EB-5 visa, which falls under a special program to stimulate the U.S. economy.

What is an EB-5 Visa?

The EB-5 visa is a pathway to permanent residency in the United States. With an EB-5 visa, you can make an investment in a U.S. business to obtain a green card; then, you can apply for naturalization and become a U.S. citizen.

Requirements for Commercial Enterprises in the EB-5 Immigrant Investor Program

You can only qualify for an EB-5 visa if you invest in a new commercial enterprise that was established after November 29, 1990, or on or before that date if it was an existing business that’s been restructured or reorganized to the extent that a new commercial enterprise results or that’s been expanded through the investment so much that it results in at least a 40 percent increase in the business’s net worth or number of employees.

You must also invest the required amount of capital in a new commercial enterprise to create full-time positions for at least ten qualifying employees.

Capital Investment Requirements

You must have capital to qualify for an EB-5 visa, and you must invest that capital – which can be cash, equipment, inventory, tangible property, cash equivalents or indebtedness secured by assets you already own. The minimum investment amount depends on where you’re investing, whether it’s in a typical area, a Targeted Employment Area (TEA), or a high-employment area. If you are filing for the first time after November 21, 2019, you must invest:

$1,800,000 in a typical investment area
$900,000 in a targeted employment area
$1,800,000 in a high-employment area

Do You Need to Talk to an Attorney About Securing an EB-5 Visa?

If you’re considering immigrating to the U.S. as an investor, you may want to have an experienced and knowledgeable immigration attorney on your side. Call us at 414-383-6700 to set up your consultation – we will be happy to answer your questions and give you the case-specific legal advice you need.

Carlos Gamino

By Carlos Gamino|2021-07-17T09:25:52-05:00April 5th, 2021|Immigration Law|Comments Off

What Happens if You Divorce Before Getting a Green Card?

By Carlos Gamino

When you marry a U.S. citizen, you’re entitled to a green card. Your green card allows you to live and work anywhere in the United States. But what happens if you divorce before getting a green card? Here’s what you need to know.

What Happens if You Divorce Before Getting a Green Card?

Divorce can affect your green card status, but it depends on what stage of the process you’re currently in when you choose to split from your spouse. You’ll have a different outcome if you divorce:

After you apply, but before you receive your green card
After you receive a conditional green card
After you have the conditions removed from your green card

Divorce After Applying for, but Before Receiving, a Green Card

If you divorce before the U.S. government approves your green card, your entire immigration process comes to a halt. Your divorce ends the relationship that made you eligible for a green card, so you can’t continue your application.

Related: New green card rules

Divorce With a Conditional Green Card

If you’ve been married for fewer than two years and still have conditions on your green card, your divorce can affect the process. You’ll most likely have to work with your Wisconsin immigration attorney to ask the government to waive the joint filing requirement, and you’ll have to prove that you entered into your marriage in good faith (rather than simply for the immigration benefit).

Divorce With a Conditions Removed From Your Green Card

If you no longer have conditions on your green card and divorce your spouse, there’s a good chance that your process will be unaffected. You can typically remain in the U.S. on your green card and renew it when necessary. You can even change your name on your green card after filing the appropriate forms. However, you do need to know that if you later apply for citizenship, U.S. Customs and Immigration Services will reevaluate your entire case.

Do You Need to Talk to a Wisconsin Immigration Attorney About Your Green Card?

If you’re an immigrant considering divorce, we may be able to help you – both with the divorce and with your immigration process. Call our office at 414-383-6700 now to talk to someone who can answer your questions and help you start moving forward in the right direction.

Carlos Gamino

By Carlos Gamino|2021-07-17T09:33:05-05:00March 8th, 2021|Family Law, Immigration Law|Comments Off

Immigration Under the Biden/Harris Administration

By Carlos Gamino

In January 2021, Vice-President Kamala Harris made some surprising statements about the Deferred Action for Childhood Arrivals program – and if enacted, they could provide DREAMers with unprecedented benefits. Here’s what you need to know.

What Did Kamala Harris Say About Immigration?

Vice President Kamala Harris, in an interview with Univision, said of the administration’s plan: “ It’s a smarter and much more humane way of approaching immigration.” Harris said that the administration wanted to add more judges to relieve the backlog currently plaguing immigration courts, as well as to expand protections available to DACA recipients. Additionally, the administration plans to allow people with DACA and temporary protected status to obtain green cards – and that alone would provide a path to citizenship for more than 1 million people.

Immigration advocates are applauding the plan. Sanaa Abrar, advocacy director at United We Dream, said, “Along with our allies, we helped deliver a clear policy mandate to President-elect Biden, and now he and the new Democratic-controlled Congress, led by Speaker Pelosi and Majority Leader Schumer, must immediately pass a bill that gives citizenship to all 11 million undocumented people living in the U.S., protects people, and does not grow the deadly deportation force of ICE and CBP.”

Other parts of the plan include:

Providing legal representation for children who arrive at the U.S. border so they can be treated fairly
Providing the COVID-19 vaccine to everyone, regardless of immigration status
Creating more pathways to citizenship for undocumented immigrants in the U.S.
Reasserting the U.S.’s commitment to asylum-seekers and refugees

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

If you’re considering immigrating to the United States, we may be able to help you. Call us at 414-383-6700 to discuss:

Carlos Gamino

By Carlos Gamino|2021-07-17T09:49:38-05:00January 20th, 2021|Immigration Law|Comments Off

New Green Card Rules for This Year

By Attorney Carlos Gamino

When you’re a lawful permanent resident of the United States, you’ll get a “green card.” That card shows your residency status – but there are a few new rules that you need to know about. The new rules could impact your status as a lawful permanent resident, or LPR, now and in the future.

New Green Card Rules That Could Affect Wisconsin Immigrants

The new green card rules involve:

Failing to cite immigrant status on tax returns or failing to report income can be a removable offense
You must register with the U.S. Selective Service if you are a male aged 18 to 25 or risk removal
An extended trip overseas can be considered “abandonment” and result in removal

Here’s a closer look at each.

Immigrant Status on Tax Returns

If you fail to choose the appropriate immigrant status on your tax return, or if you fail to report income, you could be deported. For example, if you work “under the table” (meaning you work for cash and are paid directly by another person, and neither you nor that person reports the income to the Internal Revenue Service, or IRS) and the IRS catches you, you can be removed from the country.

Related: Green card FAQ

Registration With the Selective Service

If you are a male green card-holder between the ages of 18 and 25, you are legally required to register with the U.S. Selective Service System, or SSS) within 30 days of your arrival in the United States. That includes everyone – and if you don’t yet have a Social Security Number, you must apply for one.

Abandonment of the Green Card

Your green card is invalid for reentry into the United States if you’ve been gone for more than a year – but even if you’ve only been gone for 6 months, you could be subject to additional scrutiny about the nature of your trip abroad. If you’re gone for too long and the official asking you questions believes you don’t intend to keep your LPR status, he or she may ask you to sign Form I-407, which is the Record of Abandonment of Lawful Permanent Resident Status. You do not have to sign that form – no matter what anyone tells you. If the official interviewing you does not believe that you’re not abandoning your green card, he or she can refer you to immigration court for removal proceedings, and in that case, you should contact an immigration attorney.

Do You Need to Talk to an Immigration Attorney About the New Green Card Rules?

If you have any questions about immigration, from green cards and naturalization to nonimmigrant visas or temporary protected status, we’re here for you. Call us at 414-383-6700 now.

Attorney Carlos Gamino

By Carlos Gamino|2021-07-17T09:52:09-05:00January 10th, 2021|Immigration Law|Comments Off

What Can You Do if Your Green Card is Denied?

By Attorney Carlos Gamino

U.S. Citizenship and Immigration Services, or USCIS, receives tens of thousands of applications for green cards every year – and some of them are denied. But why would a green card be denied, and what can you do if that happens to you? Here’s what you need to know.

Why Would a Green Card Be Denied?

Green card applications are denied every day for a variety of reasons. Some of the most common involve errors and mistakes (either on the applicant’s part or USCIS’s part), inadmissibility due to a criminal history or health, or a lack of funds. Here’s a closer look at each.

Green Card Denial Due to a Mistake

Sometimes people make mistakes. It’s incredibly important that your green card application is complete before you turn it in, and that you don’t miss any appointments or interviews. This is one of the reasons people often choose to work with an attorney. Your attorney can fill out and file all your paperwork for you.

Related: Green card FAQ

Green Card Denial Due to Inadmissibility

Some people are inadmissible to the United States. The U.S. can refuse to grant you a green card because you’re not lawfully allowed to be in the country, such as if you’ve been previously deported or you have health issues that would preclude you from staying in the country. If you’re having admissibility issues, you may want to talk to an attorney about your situation – there may be a way around what you’re facing.

Green Card Denial Due to Lack of Funds

You must be able to show USCIS that you’re unlikely to use public resources (like financial welfare programs) to get a green card. If the USCIS official evaluating your case thinks that you’ll become a public charge, you can be denied a green card.

Do You Need to Talk to an Immigration Attorney?

We can help you with your green card application, and we can answer your questions about the entire application process. We’ll even help you when it comes time for you to naturalize as a U.S. citizen. Call us at 414-383-6700 now to schedule a consultation with an immigration attorney who can point you in the right direction.

Attorney Carlos Gamino

By Carlos Gamino|2021-07-17T09:53:26-05:00January 6th, 2021|Immigration Law|Comments Off

Common Immigration Attorney Fees

By Carlos Gamino

Working with an experienced immigration attorney can give you the peace of mind you need to tackle your case, whether you’re applying for an immigrant visa or you need deportation defense. But how much does it cost? What can you expect to pay in immigration attorney fees? Here’s what you need to know.

Common Immigration Attorney Fees

Like any other service, you have to pay for an immigration attorney’s help with your case. It’s important to note that you should watch out for people who say they’re “immigration consultants,” “immigration advisors” or “immigration advocates,” because they’re not attorneys – and often, they don’t provide actual services or answer your legal questions.

When you hire an immigration attorney, remember that every lawyer is different, and the cost will vary between law firms. You also need to know that:

You’ll often have to pay an advanced fee to get started on your case.
Hourly rates are different between attorneys. One attorney might charge $50 per hour, while another could charge $200 per hour.
Visas have different rate structures, and those rate structures are set by the U.S. government. You’ll have to pay filing fees for the immigration documents you file with the government.
You could be eligible for premium processing, but that results in an additional fee.

What Are Advanced Fees for Immigration Attorneys?

An advanced fee is money you pay an attorney before he or she will start working on your case. Usually, attorneys calculate them by evaluating your case and determining how much it will cost to complete based on an hourly rate. If your attorney works on your case longer than expected, you’ll incur hourly charges – but you’ll know about them ahead of time. Really, what’s happening is that you pay the attorney and he or she “works off” the balance using an hourly rate.

So what if you’ve overpaid because your case was easier than the attorney anticipated? You’ll get a refund of the balance. If you pay an attorney who charges $100 per hour a $1,000 retainer fee, but she finishes your case in 8 hours, you’ll get $200 back. (That’s just an example, though – every attorney’s retainer fee and hourly rate is different.)

Do You Need to Talk to an Immigration Attorney?

If you’re considering immigrating to the United States, we may be able to help you. Call us at 414-383-6700 to schedule a consultation with a Wisconsin immigration attorney who will talk to you about your case and answer your questions.

Carlos Gamino

By Carlos Gamino|2021-07-17T10:10:43-05:00November 4th, 2020|Immigration Law|Comments Off